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HomeMy WebLinkAboutORD.2981.03-18-2002r BILL NO. 02-45 ORDINANCE NO. AN ORDINANCE AMENDING AND ENACTING NEW SECTIONS OF CHAPTER 30 OF THE CITY CODE, RELATING TO TELECOMMUNICATION TOWERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-2 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Definitions" is hereby modified by enacting two (2) new definitions, in words and figures, to read as follows: Sec. 30-2. Definitions. Antenna: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. The term shall exclude any receive -only home television antenna. Telecommunication Tower: A structure that is designed and constructed for the support of one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio, television and transmission towers, microwave towers, common -carrier towers, cellular telephone towers, alternative tower structures, and the like, either constructed from the ground or located on top of a building. The term shall exclude any tower or antenna that is under seventy (70) feet in height and is owned and operated by a federally -licensed amateur radio station operator or is used exclusively for receive only antennas. The height of the tower is defined as the distance measured from the lowest point of the base of the tower structure to the highest point on the tower, including the base pad when constructed from the ground and any antenna(s). The term excludes Supervisory Control and Data Acquisition (SCADA) antennas installed and operated by units of government. ARTICLE 2. Section 30-39(d) (16) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-39(d) (16) Radio or television broadcasting tower or station. is hereby repealed in its entirety, and a new Section 30- 39(d)(16) entitled "Telecommunication Tower", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-39(d) (16) Telecommunication Tower. The location of a telecommunication tower is subject to the following conditions: a. The applicant shall identify the location of the proposed tower(s) on a map showing other tower locations within the City. If the proposed tower is located within one mile of an existing tower(s), the applicant must submit evidence demonstrating why the existing tower(s) is not suitable or available for co -use. b. The tower shall be designed to accommodate the co -use of at least two (2) other providers and made available to other providers for co -use for reasonable terms. The applicant shall provide a notarized statement as to the availability of the tower for co -use. C. The design of the tower and accessory structures shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and environment. W d. The tower shall be set back from the right- of-way line of any public street up to a distance equal to the height of the tower. e. Towers or antennas located on structures shall not extend more than thirty (30) feet above the highest point of the structure. f. The tower and antennas shall meet all Federal regulations, including but not limited to, Federal Communications Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements. g. Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the City with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six (6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the City may cause the tower to be removed and issue a special assessment tax bill for the cost of said removal, which shall be a lien against the real property affected. ARTICLE 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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. ARTICLE 4. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. 3 ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 (06m,a� A. M. Spradling, III, MaOr ATTEST: Gayle',. Conrad, City Clerk 4