§ 417.040. General Requirements., Chapter 417. Communications Antennae and Support Structures, Land Use, Code of Ordinances, Warson Woods

The requirements set forth in this Section shall be applicable to all towers, antennae and other support structures installed, built or modified after the effective date of this Chapter (7-15-97) to the full extent permitted by law.

Principal or incidental use. Antennae and support structures may be either a principal use in all zoning districts or an incidental use to existing multiple-family, institutional or non-residential uses, subject to any applicable district requirement relating to yard or setback.

Building codes, safety standards, and zoning compliance. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable State and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this Section, no antenna, tower, or support structure shall be erected prior to receipt of a certificate of zoning compliance and the issuance of a building permit.

Regulatory compliance. All antennae and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other State or Federal agency with the authority to regulate communications antennae and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antennae or structures within the City.

Security. All antennae and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build or modify antennae or support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Building Commissioner or by the Planning and Zoning Commission in the case of a special use permit.

Lighting. Antennae and support structures 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 antennae or support structure. Equipment cabinets and shelters may have lighting only as approved by the Building Commissioner on the approved site development plan.

Advertising. Unless a disguised antenna support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on structures regulated by this Section is prohibited.

Design.

Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable State or Federal agency, be painted a neutral color consistent with the natural or built environment of the site.

Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.

Towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the City.

Antennae attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.

All towers shall be surrounded by a minimum six (6) foot high decorative wall constructed of brick, stone or comparable masonry materials and a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the Building Commissioner in the case of a permitted use or use permitted by administrative permit, or by the Planning and Zoning Commission in the case of a special use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.

All towers shall be separated from any off-site single-family residential structure a distance equal to the height of the tower. Towers and related structures, fences and walls on parcels adjacent to residentially zoned property shall meet the setbacks of the applicable zoning district as are required for a principal structure along the adjoining property line(s). Where adjacent to non-residentially zoned property, towers shall maintain setbacks as are required for accessory structures.

Ground anchors of all guyed towers, if permitted, shall be located on the same parcel as the tower and meet the setbacks of the applicable zoning district.

Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.

On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.

Shared use.

Existing towers. Prior to the issuance of any permit to alter or modify any tower existing on the effective date of this Chapter (7-15-97), the owner shall provide to the City a written and notarized agreement committing to make said tower available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for the withholding of future permits to the same owner to install, build, or modify antennae or towers within the City.

Tower inventories. Prior to the issuance of any permit to install, build or modify any tower, the tower owner shall furnish the Planning and Zoning Commission an inventory of all of that owner's towers in or within one-half (½) mile of the City limits of Warson Woods. The inventory shall include the tower's reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas and an assessment of available ground space for the placement of additional equipment shelters.

Shared use required — new towers. Any new tower approved at a height of sixty (60) feet AGL (above ground level) or higher shall be designed and constructed to accommodate at least one (1) additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by Subparagraph (a) shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the City.

Communications tower multi-use area map. Any new tower approved within a communication tower multi-use interest area as designated by the map of the same title, shall be designed and constructed to accommodate the number of users indicated by the plan to the extent feasible. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the City.

Notice of tower applications. Prior to any application for the construction of a new tower or disguised support structure, a copy of the application or a summary containing the height, design, location and type and frequency of antennae shall be delivered by certified mail to all known potential tower users as identified by a schedule maintained by the Department. Proof of such delivery shall be submitted with the application to the City. The Building Commissioner may establish a form required to be used for such notifications. Upon request, the Building Commissioner shall place on a list the name and address of any user of towers or prospective user to receive notification of applications. The Building Commissioner shall, before deciding on the application, allow all persons receiving notice at least ten (10) business days to respond to the City and the applicant that the party receiving notice be permitted to share the proposed tower or locate within one (1) mile of such area. Where two (2) or more parties seek to locate within one (1) mile of each other, or such other distance as is demonstrated to the Building Commissioner to be reasonable, the Building Commissioner shall designate such area as a multi-use interest area on the map. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new towers or structures.

Appeal of shared use violations. Any party seeking shared use of a tower subject to this provision shall after responding to notice of an application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower or structure, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the Building Commissioner in writing. The Building Commissioner may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of an administrative review fee of five hundred dollars ($500.00) to the City to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten (10) calendar days to provide a written submission to the Building Commissioner responding to the alleged violation of the shared use requirement. If deemed necessary by the Building Commissioner, he/she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the Building Commissioner receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to thirty (30) days until the Building Commissioner has determined that the applicant has complied. An application for special use permit shall not be deemed complete for acceptance until a decision on compliance is reached.