ARTICLE XIII. COMMUNICATION TOWERS

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1 ARTICLE XIII. COMMUNICATION TOWERS Section Purposes. The general purpose of this Section is to regulate the placement, construction, and modification of communication towers, support structures, and antennas in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Warren County. Specifically, this Section is intended to: A. Provide for the appropriate location and development of telecommunication facilities and systems to serve the citizens and businesses of Warren County; B. Encourage the location of antennas atop existing structures or buildings, to minimize adverse visual impacts of communication antennas and support structures through careful design, siting, landscape screening, and innovative camouflaging techniques; C. Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities; and D. Encourage the use of disguised antenna support structures so as to protect the architectural integrity and the scenic quality of Warren County. Section Definitions. As used in this Section, the following terms shall have the meanings and usages as indicated below: ANTENNAS. Telecommunication antennas include omni directional whip, directional panel, and microwave antennas. CABINET. A structure for the protection and security of communications equipment associated with one or more antennas where direct access to equipment is provided from the exterior and the horizontal dimensions do not exceed four (4) feet by six (6) feet. COMMUNICATION TOWER. A structure designed for the support of one or more antennas and including guyed towers, self-supporting lattice towers, or monopoles but not disguised support structures or buildings. CO-USE. The location of two or more telecommunication antenna or devices or providers on a single telecommunication tower. EQUIPMENT SHELTER. A building for the protection and security of communications equipment associated with one or more antennas and where access to equipment is gained from the interior of the building. The use of such structures for human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.

2 EQUIPMENT STORAGE. Radio and related equipment may be stored in shelters, buildings, or cabinets, with the selection related to the amount and type of equipment required at each telecommunication facility location. Both newly created and existing space can be used for such purposes. GEOGRAPHIC AREA. The maximum area that a proposed Telecommunication Facility is designed to serve. RESIDENCE. A structure used as a dwelling. STEALTH COMMUNICATION FACILITY. A new or existing facilities that may include, among other things, antennas in a church steeple, light standard poles, flagpoles, telephone poles, billboards, and other similar structures that do not have the appearance of a monopole or lattice tower. STUPPORT STRUCTURE. A Communication Tower or Stealth Communication Facility. TELECOMMUNICATION FACILITY. An unmanned facility consisting of equipment storage buildings, shelters, or cabinets, accessory equipment, and an existing or new structure to support antennas used for the reception, switching, and/or transmission of wireless communications including, but not limited to paging, enhanced specialized mobile radio (ESMR), Personal Communications Services (PCS), domestic public cellular radio telecommunications service (Traditional Cellular), and similar technologies. Section Application Procedure. A. The proposed construction or placement of a Telecommunications Facility in any zoning district in Warren County shall require the issuance of a Conditional Use Permit. B. Applications for Conditional Use Permits shall be filed and processed subject to and in the manner and time frames as established in Sections of the Warren County Zoning Order. If a Conditional Use Permit is granted, it shall expire within six (6) months of the approval date by the Planning and Zoning Commission (or the date of the final determination by the County Commission if an appeal or protest is filed under Section 10.5 of the Warren County Zoning Order) if the construction of the Telecommunications Facility is not completed within that time frame. C. Additional Requirements: At the time of application for a Conditional Use Permit the applicant must, in addition to the requirements of Section 10.3 of the Warren County Zoning Order, submit the following: 2

3 1. A detailed site plan, based on a boundary survey of the parcel leased or owned by the applicant, indicating all existing and proposed improvements including buildings, drives, walkway, parking areas and other structures, public right-of-way, the zoning categories of the subject and adjoining properties, required setbacks, required buffer and landscape areas, hydropic features, and the coordinates and height above grade level of the existing or proposed Communication Tower. 2. A set of engineering plans sealed by a licensed professional engineer in the State of Missouri demonstrating that the Communication Tower is structurally sound to allow for the co-location of three (3) cousers, including the applicant. 3. The applicant shall provide for each and every pre-existing Communication Facility and each structure as described in Section 13.3.C.7 located within the Geographic Area and within an area determined by lines drawn parallel to and one mile distant from the boundaries of the Geographic Area: (a) A copy of a letter sent by the applicant by certified mail (with proof of sending by certified mail) to the owner of any and all preexisting Communication Facilities requesting permission to co-use such facility. For any structure as defined in Section 13.3.C.7 a similar letter shall be sent requesting use of said structure. (b) A letter of response from the owner of each pre-existing Communication Facility and structure as defined in Section 13.3.C.7 stating if co-use or use is possible and if not the reason for not allowing co-use or use. (c) When any of the owners of a pre-existing Communication Facility or structure as defined in Section 13.3.C.7 do not reply to the letter stated in (a) within thirty (30) days of being postmarked, the applicant shall submit a signed affidavit stating such. (d) In the event the applicant is given the right of co-use or use by an owner of a pre-existing Communication Facility or structure as defined in Section 13.3.C.7 and the applicant does not want to take advantage of such co-use or use, the applicant shall submit a written opinion from a radio frequency engineer hired by the applicant which shall include a statement of his or her qualifications and specific, detailed evidence demonstrating each reason that the co-use or use of the pre-existing Communication Facility or structure as defined in Section 13.3.C.7 is not financially, technically or otherwise viable for the applicant. 3

4 4. The applicant shall submit a report and a signed affidavit, both prepared and executed by a qualified (qualification must be included) expert hired by the applicant, demonstrating that the proposed Communication Facility will not violate any applicable historical, archeological, environmental, or other state or federal laws or regulations and will not unreasonably interfere with existing radio and television transmissions. This report and affidavit shall also demonstrate that the proposed Facility will not adversely impact the community in regard to the above-mentioned concerns (historical, archeological and environmental). 5. A copy of the lease for the Telecommunications Facility with a removal clause included. 6. A map showing the Geographic Area to be serviced by the proposed Telecommunication Facility and the area determined by a line drawn parallel to and one mile distant from the boundary of the Geographic Area. 7. A list and map showing all Communication Facilities and all other man made structures over 100 feet above grade level in height and the names of the owners and/or operators of such Facilities and structures within the Geographic Area and within the area determined by a line drawn parallel to and one mile distant from the boundary of the Geographic Area. 8. An aerial photograph or other depiction identifying all residences within 1000 feet of the boundary of the parcel upon which the Telecommunication Facility is to be situated. Section 13.4 Concurrent Applications In the event an application for a Conditional Use Permit for a Telecommunication Facility is submitted to the Planning and Zoning Office while one or more previously filed applications for a Conditional Use Permit for a Telecommunication Facility (that will be located within the same Geographic Area or the area determined by a line drawn parallel to and one mile distant from the boundary of the same Geographic Area) is still under consideration as described in Section 10.3, the following procedure shall be followed: A. The Planning and Zoning Enforcement Officer shall notify the subsequent applicant of all the pending applications for a Conditional Use Permit for a Telecommunication Facility. B. The subsequent applicant shall satisfy the requirements of Section 13.3.C.3 with respect to all such pending Telecommunication Facility applicants. 4

5 Section Design Regulations. A. The design of the Telecommunications Facility shall maximize the use of building materials, colors, textures, screening, and landscaping that effectively blend the proposed facility within the surrounding natural setting and environment. All Communication Towers, Equipment Shelters, and Cabinets shall have an exterior finish compatible with the natural environment surrounding the site. The site shall be kept landscaped and be aesthetically pleasing to the surrounding area. B. Communication 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 must be included as part of the application to install, build, or modify the antennas or support structure. Equipment Shelters and Cabinets may have lighting only as approved by the Planning and Zoning Commission as part of the Conditional Use Permit. C. Communication Towers may not be used for advertising purposes. D. The tower shall be structurally designed to collapse on-site as evidenced by the written opinion of a qualified licensed engineer hired by the applicant. Section Location and Height. A. Communication Tower must provide a setback from the property line of the site on which the tower is to be erected in all directions determined by measuring the highest point of the Support Structure plus twenty-five (25) percent. B. No new Communication Towers may exceed a height of two hundred (200) feet unless the applicant provides a signed statement stating that the proposed tower does not violate any Federal Aviation Administration regulations, and the applicant provides a written opinion from a radio frequency engineer hired by the applicant stating that such height is required for the proper operation of the applicant s system and that such height will facilitate co-use of the proposed tower. Such opinion of the engineer must include a statement of his or her qualifications and evidence that no available alternatives exist to exceeding the height limit stated herein or the reasons why such alternatives are not financially, technically, or otherwise feasible. Section Shared Use (Changed May 11, 2010) A. See application process at end of codes. 5

6 Section 13.8 Removal of Towers All obsolete and unusable Communication Towers must be removed within nine (9) months of service being discontinued. The applicant shall, as part of the application, submit an executed agreement between the property owner and the Communication Tower owner to ensure compliance with this requirement. Section Planning and Zoning Commission Findings. In addition to any other determinations specified by the Zoning Ordinance for the consideration of Conditional Use Permits, the Planning Commission shall make findings as to the following based upon evidence submitted with the application or presented during the public hearing by the applicant or others. A decision by the Planning Commission to deny an application shall be based upon substantial evidence that the application does not meet the following criteria which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. A. For approval, the written report shall include an affirmative finding for each of the following: 1. There are established limiting conditions that render existing towers, structures, or buildings within the applicant s required geographic area unsuitable, 2. The design of the tower or structure, including the antenna, shelter, and ground layout maximally reduce visual degradation and otherwise comply with the provisions and intent of this order, 3. The proposal minimizes the number and size of the towers or structures that will be required in the geographic area surrounding the proposed site, and 4. The applicant attempted to take advantage of available shared use options provided by this order or otherwise. B. In addition, the written report for approval shall also include an affirmative finding for at least one (1) of the following: 1. There are no existing antenna support structures located within the geographic area that meet the applicant s engineering requirements. 2. There are no existing towers, structures, or buildings within the applicant s required geographic area of sufficient height to meet the applicant s system engineering requirements. 3. There are no existing towers or structures in the geographic area 6

7 Section Severability. which have sufficient structural strength to support the applicant s proposed antenna. 4. The proposed antenna will neither experience nor cause signal interference with antennas on existing towers or structures. 5. The fees, costs, or other contractual terms required by the owner(s) of existing tower(s), structure(s), or building(s) within the applicant s required geographic area or the costs necessary to retrofit existing tower(s) or structure(s) are unreasonable. Costs exceeding that of a new tower are presumed to be unreasonable. If any section, subsection, sentence, clause, phrase, or other portion of this Order is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Sections through Reserved for Future Use 7

8 SHARED USE OF COMMUNICATION TOWERS AND CABINET APPLICATION PROCESS An antenna which is to be attached to an existing tower may be approved by the Planning and Zoning Administrator. To minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers. Cousers are required to apply for a Shared Use Permit to add an antenna or microwave to an existing Communications Tower. The following provisions shall govern the issuance of shared use permits for antennas by the Planning and Zoning Administrator: 1. A notarized affidavit from the owner of the tower allowing the co-location of the antenna must be submitted. 2. A detailed site plan must be submitted at the time of application. To the extent applicable, the additional antenna shall comply with the provisions of Section 13.5 A of the Zoning Order of Warren County. (Section 13.5 A The design of the Telecommunications Facility shall maximize the use of building materials, colors, textures, screening, and landscaping that effectively blend the proposed facility within the surrounding natural seeing and environment. All Communication Towers, Equipment Shelter, sand Cabinets shall have an exterior finish compatible with the natural environment surrounding the site. The site shall be kept landscaped and be aesthetically pleasing to the surround area. 3. Certification that antenna placement will not enact additional requirements by the FCC/FAA. If antenna placement on an existing structures enacts other changes of said tower under FCC/FAA requirements, Shared Use permit will not be issued. The antenna must comply with all applicable FCC and FAA regulations. 4. Certification from licensed professional engineer which states tower, with additional antennas, will be in compliance with Section 13.5 D. (Section 13.5.D.-The tower shall be structurally designed to collapse on-site as evidenced by the written opinion of a qualified licensed engineer hired by the applicant.) 8

9 5. Any information of an engineering nature submitted by the applicants, whether civil, mechanical, structural, or electrical, shall be certified by a licensed professional engineer. 6. An applicant for a Shared Use Permit shall submit the information described in this Section and a non-refundable fee as established by the County Commission for the costs of reviewing the application. The review process will take five days. 7. A Shared Use Permit will not be issued on a tower that does not already have a Conditional Use Permit. 8. In granting a Shared Use Permit, the Planning and Zoning Administrator may impose conditions to the extent it is concluded such conditions are necessary to minimize any adverse effect of the proposed antenna on adjoining properties. 9