[Ord. No. 2016-18 §2, 9-26-2016]
A.
Tower Structures. Unless otherwise provided by law
or variance, the following additional requirements shall apply to
the construction, alteration or maintenance of towers:
1.
For purposes of this Section, the term "tower" shall mean a
permanent structure, having a total height in excess of fifty (50)
feet measured from the ground and having one (1) or more legs designed
for the support of one (1) or more sign, antenna, light, wind turbine,
solar array or other object but excluding buildings serving other
purposes and meeting the building requirements for all purposes. A
tower shall not include existing electric utility poles installed
by a provider holding a certificate of convenience from the Missouri
PSC and installed consistent with industry practice and in conformance
with all otherwise applicable Federal, State and local requirements.
2.
Safety fall zone required. All new towers and
extensions or attachments thereto shall be separated by a safety fall
zone from any public rights-of-way, sidewalk or street, alley, parking
area, playground, or building (except for parking and buildings dedicated
solely for access to or maintenance of the tower), and from any property
line, a distance equal to the height of the tower. Towers shall be
reasonably designed to reduce the potential damage to persons or property
from falling ice or equipment from the tower or from wind damage or
structural failure.
3.
In addition to other applicable requirements, including requirement
to submit a description of proposed security measures, or current
security for tower modifications, the tower and any appurtenances
shall be safely maintained and fenced or otherwise secured to prevent
unauthorized access or climbing of the tower. Barbed, electrified
or razor wire is prohibited. Tower legs shall be of monopole design
without use of lattice or guy wire support and be engineered and designed
with sufficient depth, counter-weight and other mechanisms to address
wind-loading and other failure risks under all reasonably anticipated
conditions and circumstances.
4.
Towers shall not be lighted unless required by the FAA or other
State or Federal agency with authority to regulate, in which case
a description of the required lighting scheme will be made a part
of the application to install, build or modify the tower. Lighting
may also be approved as a consistent component of a disguised support
structure.
5.
Before any modifications or alterations to an existing tower
may be approved, a sealed structural analysis from a certified engineer
must be submitted to the City demonstrating that the modifications
or alterations will not negatively affect the structural integrity
of such tower.
6.
All requirements concerning wireless communications facilities
within the Overland City Code shall apply to the construction, modification,
and maintenance of each tower and are reincorporated herein as Building
Code requirements to the extent permitted by law.
7.
Any tower not operated for a period of six (6) months or more,
shall be deemed abandoned and the Building Commissioner shall send
notice of such determination and request for removal within a reasonable
time not to exceed ninety (90) days. If a tower is abandoned, it shall
be removed at the owner's expense. Failure to comply with this provision
shall constitute a public nuisance and building code violation that
may be remedied by the City at the tower or property owner's expense.
Any applicant for a new tower shall place a bond or other security
with the City prior to any final approval to ensure abandoned towers
can be removed. The bond or security shall be in the form and amount
approved by the Building Commissioner. The amount of the bond shall
be determined by the Building Commissioner to satisfy the requirements
hereof with regard to the specific tower to which it would apply based
on the estimated total cost of removal of that tower.
