A. Applications. Applications for Permitted Uses, administrative uses, or Uses Permitted by Special Permit pursuant to this Article shall be subject to the supplementary procedures in this Article. Applications shall be submitted to the City as a complete application on forms prescribed for this purpose by the Director. A "complete application" shall be an application submitted on the prescribed form, fully executed by the Applicant, identifying the specific approval sought, and containing all attachments, fees as may be established to reimburse the City for its inspection and review costs and in accordance with applicable law, and information as required thereon or by the Director, consistent with this Article. Applications shall be accompanied by a building permit application and other applicable forms.

B. Proof Of Owner Consent. Applications for Permitted Uses, administrative uses, or Uses Permitted by Special Permit pursuant to this Article shall be required to provide proof of owner consent, which shall minimally include:

1. Written consent to pursue the application by all fee simple owners of the underlying real estate (or where located in a Street, the Street owner thereof), including when the proposed location is also in a utility easement; and
2. Written consent to pursue the application of the owner of the Structure on which such Wireless Communication Facility is to be placed, if different than Applicant.
 

C. Timing. Applications shall be decided upon within a reasonable time, subject further to state or federal specific additional time requirements as may apply to the particular application.

A. Applicability. The requirements set forth in this Article shall be applicable to all Wireless Communications Facilities within the City installed, built, or modified after December 20, 2018, to the full extent permitted by law. Such zoning review and approvals required in this Article shall be in addition to any other generally applicable permitting requirement, including applicable building or excavation or other right-of-way permits, as defined and required by Chapter 510: Excavations and Public Rights-Of-Way Management.
 

1. Principal Or Incidental Use. See § 430.590(A)(1) for details.

2. Building Codes, Safety Standards, And Zoning Compliance. Wireless Communications Facilities shall be constructed and maintained in compliance with all standards contained in applicable state and local Building Codes. A certified engineer's structural report shall be required for all applications to construct a new or modify, or any way alter, a Support Structure, Utility Pole, or Antenna, including Small Wireless Facility and Fast-Track, unless waived upon application to the Director stating why such report is unnecessary to the specific application and a determination in the discretion of the Director approving such statement that such analysis would not further the purposes of this Section. In addition to any other approvals required by this Article, no Wireless Communications Facility or portion thereof shall be erected, replaced, or expanded prior to receipt of a Certificate of Zoning Compliance, unless otherwise required by law, and the issuance of a Building Permit. For sites within Streets:
 

a. The most restrictive adjacent underlying Zoning District classification shall apply unless otherwise specifically zoned and designated on the Official Zone District Map;

b. Wireless Communications Facilities shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on the Street or obstruct the legal use of such Street by authorities or authorized users; and

c. Such use shall be required to obtain applicable permits and comply with the applicable rules and regulations set forth in Chapter 510: Excavations and Public Rights-Of-Way Management.
 

3. Regulatory Compliance. See § 430.590(A)(3) for detailed information.

4. Security. All Wireless Communications Facilities 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, alter, or modify Wireless Communications Facilities. Additional measures may be required as a condition of the issuance of a building permit as deemed necessary by the Director or by the Board in the case of a Special Use Permit.

5. Lighting. Antenna, Small Wireless Facilities, Fast-Track, 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, alter, or modify the Antenna, Small Wireless Facilities, Fast-Track, or Support Structure. Lighting may also be approved as a consistent component of a Disguised Support Structure. Equipment Cabinets and Shelters may have lighting only as approved by the Director or Board in the case of a Special Use Permit.

6. Signs. Except for a Disguised Support Structure in the form of an otherwise lawfully permitted Sign, the placement of advertising on Wireless Communications Facilities is prohibited other than identification Signs of not greater than one (1) square foot on ground equipment or required safety signage.

7. Design.

a. Color. See § 430.590(A)(7)(a) for details.
b. Ground Equipment. See § 430.590(A)(7)(b) for details.
c. Antenna Design. See § 430.590(A)(7)(c) for details.

d. Height. Support Structures and Antenna shall be no taller than necessary and shall not exceed the Height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency. Support Structures may exceed underlying Zoning District Height restrictions for Buildings and Structures only where shown to be necessary, provided that no reasonable and feasible alternative exists. To the extent permitted by applicable law, Zoning District Height restrictions shall be considered by the City in determining the appropriateness of the design and location of the application under the applicable standards for approval. No Support Structure shall be approved at a Height exceeding one hundred twenty (120) feet AGL unless the Applicant clearly demonstrates that such Height is required for the proper function of the Applicant's system.

e. Monopole Design. All Towers shall be of a monopole design. Lattice, guyed Towers, or other non-monopole Tower designs shall not be permitted.

f. Compound Walls/Landscaping. All Towers shall be surrounded by a minimum of a six-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 Director, or by the Board in the case of a Special Use Permit, upon demonstration by the Applicant that an equivalent degree of visual Screening will be achieved. Landscaping or other improvements may be required for Disguised Support Structures if needed to implement an approved disguise.

g. Setbacks. See § 430.590(A)(7)(g) for details.

h. Storage. Vehicle or outdoor Storage on any Wireless Communications Facilities' site is prohibited, unless otherwise permitted by the Zoning District.

i. Parking. On-street Parking for periodic maintenance and service shall be provided at all Support Structure locations consistent with the underlying Zoning District and the type of Support Structure approval granted.

j. Decorative Poles. In Zoning Districts where there are Utility Poles which were specifically designed for their aesthetic nature and compatibility with the built environment of that Zoning District, as determined by the Director, such Utility Poles shall be deemed to be decorative Utility Poles. Such decorative Utility Poles, when authorized to be replaced by an Applicant for Wireless Communications Facilities pursuant to applicable law and in compliance with this Article and Code, shall only be replaced with a substantially similar decorative Utility Pole which matches the aesthetics and decorative elements of the original decorative Utility Pole being replaced. Such replacement expenses shall be borne wholly by the Applicant seeking to place Wireless Communications Facilities on such decorative Utility Pole.
 

8. Public Property. Wireless Communications Facilities located on Property owned, leased, or otherwise controlled by the City shall be subject to the requirements of this Article. A license or lease with the City authorizing the location of such Wireless Communications Facilities shall be required for each site.

9. As-Built Plans. Within sixty (60) days of completion of the initial construction and any additional construction or modification, two (2) complete sets of plans drawn to scale and certified as accurately depicting the location of all Wireless Communications Facilities constructed shall be furnished to the City.

10. Historic Preservation; Thirty-Day Hearing Period. To the extent permitted by law, approval shall not be issued for any Wireless Communications Facility that the Director or Board determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such District as a whole. For co-location of any certified historic Structure as defined in Section 253.545 RSMo., in addition to all other applicable time requirements, there shall be a thirty-day time period before approval of an application during which one (1) or more Public Hearings on co-location to a certified historic Structure are held. The City may require reasonable, technically feasible, and technological neutral design and concealment measures as a condition of approval of a Wireless Communications Facility within a historic district or on a certified historic Structure.
 

B. Administration. The Director shall have the authority to establish forms and procedures consistent with this Article and applicable federal, state, and local law to ensure compliance and to facilitate prompt review and administration of applications.

Application Procedure. Application for a Permitted Use under this Section shall require submission of an application on a form provided by the City with proof of owner consent as required by Section 430.580 and an application fee of one hundred dollars ($100.00) per Small Wireless Facility and an application fee of five hundred dollars ($500.00) for the installation, modification, or replacement of a Utility Pole and co-location of a Small Wireless Facility thereon, or other Permitted Use under this Section as required to partly cover the City's actual costs, and not to exceed such amounts as may be limited by applicable law. If the Applicant is not a Wireless Services Provider, as defined by Section 67.5111, RSMo., then the Applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the Director that the proposed site(s) will become operational and used by such Wireless Services Provider within one (1) year of the permit's issuance date. For any application for a Small Wireless Facility, the Applicant shall provide an attestation that the proposed Small Wireless Facility complies with the volumetric limitations as required to meet the definition of a Small Wireless Facility in accordance with this Article and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the General Requirements of this Article. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application. The Director shall issue a decision on the application for a Permitted Use within the timeframe permitted by applicable law. A decision to deny an application shall be made, in writing, and state the specific reasons for the denial.

A. Administrative Approval. The placement of Wireless Communications Facilities fully conforming with the General Requirements in this Article are permitted in all Zoning Districts by Administrative Permit approved by the Director only as follows:

1. Disguised Support Structures. The construction of a Disguised Support Structure, provided that all related equipment shall be placed underground or concealed within the Structure. Equipment may be placed in an appropriately concealed Cabinet if the Disguised Support Structure is incidental to a Non-Residential Use and fits with the natural built environment or the Disguised Support Structure. Any Disguised Support Structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation and corresponding covenant recorded on the Property that runs with the land to the benefit of the City on behalf of the public, prohibiting modifications to the Disguised Support Structure that defeat or are detrimental to the disguise, unless such proposed modification is approved by a duly authorized zoning approval, including public hearing. If the Applicant does not wish to have such a covenant, the application shall not qualify for Administrative Permit approval, unless another mechanism is proposed and approved to ensure that the disguise is not subsequently defeated or detrimentally altered. A Disguised Support Structure proposed to be located within a Street may be exempted from the General Requirements of this Article relating to Parking, access, and Setbacks, unless determined by the Director as applicable to the specific location for safety reasons or other applicable reasons.

2. Fast-Track Small Wireless Facilities. An application for a Fast-Track Small Wireless Facility may be approved administratively by the Director, subject to meeting the following requirements:

a. General Requirements. The following requirements shall generally apply to all Fast-Track Small Wireless Facilities located within the City:

(1) The Fast-Track shall substantially match any current aesthetic or ornamental elements of the Existing Structure or Utility Pole, or otherwise be designed to maximally blend into the built environment, with attention to the current uses within the Zoning District at the proposed site;
(2) Any portion above the Existing Structure or Utility Pole shall be concealed and of the same dimensions and appearance so as to appear to be a natural extension of the Existing Structure or Utility Pole in lieu of an enclosure or concealment;
(3) The Fast-Track equipment shall not emit noise audible from the Lot Line of any Residential District or Lot with a Residential Use; and
(4) Location, placement, and orientation of the Fast-Track shall, to the extent feasible, minimize the obstruction to, or visibility from, the closest adjacent Lots unless otherwise required by the City for safety reasons.
 

b. Additional Requirements When Sited Near Pedestrian And Vehicle Ways. When a Fast-Track is proposed to be located on an Existing Structure or Utility Pole on or adjacent to Streets, sidewalks, or other pedestrian or vehicle ways:

(1) The Height of all portions of the "Fast-Track" shall be located at least eight (8) feet AGL;
(2) No ground equipment shall be permitted; and
(3) No portions of the Fast-Track shall extend horizontally from the surface of the Utility Pole or Existing Structure more than sixteen (16) inches.
 

c. Waiver For Good Cause Shown. Additionally, the Director may for good cause shown increase one (1) or more of the maximum volumetric specifications from the definition of a Fast-Track by up to fifty percent (50%) if the Applicant demonstrates that it:

(1) Does not in any location nationally use equipment capable of meeting the specifications and the purpose of the equipment; and
(2) Cannot feasibly meet the requirements as defined and described.
The Board may further waive one (1) or more of the requirements found in the definition of Fast-Track, or from: (a) General Requirements; or (b) Additional Requirements When Sited Near Pedestrian or Vehicle Ways of this Subdivision, upon good cause shown by the Applicant, and provided a showing that the waiver is the minimum necessary to accomplish the purposes of this Article. The burden of proof for any waiver shall be wholly on the Applicant and must be shown by clear and convincing evidence.
 

B. Application Procedures. Applications for Administrative Permits shall be made on the appropriate forms prescribed for this purpose by the Director and consistent with the requirements of this Article. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.
 

1. General Application Requirements. Applicant shall submit along with its completed application form:

a. An application fee of one hundred dollars ($100.00) per Fast-Track and an application fee of not more than five hundred dollars ($500.00) for an application for a Disguised Support Structure and co-location of a Small Wireless Facility thereon as required to partly cover the City's actual costs, and not to exceed such amounts as may be limited by law; any amount not used by the City shall be refunded to the Applicant upon written request after a final decision;

b. A detailed Site Plan, based on a closed boundary survey of the host Lot, shall be submitted indicating the exact location of the facility, all dimensions and orientations of the facility and associated equipment, in addition to all existing and proposed improvements including Buildings, drives, walkway, Parking Areas, and other Structures, Streets, the Zoning District of the subject and adjoining Lots, the location of and distance to off-site residential Structures, required Setbacks, required Buffer Areas, hydrologic features, and the coordinates and Height AGL of the Utility Pole, Disguised Structure, or Existing Structure, if applicable;

c. Specifications, dimensions, photos, or drawings of the completed installation;
d. Proof of owner consent as required by Section 430.580: Application Procedures; Timing;

e. Certified structural analysis as required in the General Requirements of this Article;
f. If the Applicant is not a Wireless Services Provider, as defined by Section 67.5111, RSMo., then the Applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the Director that the proposed site(s) will become operational and used by a Wireless Services Provider within one (1) year of the permit's issuance date; and
g. All other information necessary to show compliance with the applicable requirements of this Article.
 

2. Fast-Track — Specific Application Requirements. In addition to the above General application requirements, applications for a Fast-Track shall include the following:

a. An attestation that the proposed Fast-Track meets the volumetric and other requirements to meet the definition of Fast-Track provided in this Article; and
b. Information demonstrating that the Applicant's proposed plans are in compliance with Section 67.5113.3(9), RSMo., to the satisfaction of the Director.
 

3. Review. The application shall be reviewed by the Director to determine compliance with the above standards, including specifically, design, location, safety, and appearance requirements and transmit the application for review and comment by other applicable departments and public agencies.

4. Additional Information May Be Required. In reviewing an application, the Director may require the Applicant to provide additional information, including technical studies, to the extent permitted by applicable law. An application shall not be deemed complete until satisfaction of all application requirements and submission of all requested information as provided herein.

5. Decisions; Denials Required In Writing. The Director shall issue a decision on the permit within the time frame permitted by applicable law. The Director may deny the application or approve the application as submitted or with such modifications or conditions as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens and property values consistent with, and to affect the purposes of, this Article and subject to applicable law. The Director may consider the purposes of this Article and the factors established herein for granting a Special Use Permit as well as any other considerations consistent with the Chapter. A decision to deny an application shall be made, in writing, and state the specific reasons for the denial.

A. Special Use Permit Required. All proposals to construct or modify a Wireless Communications Facilities not permitted by Section 430.600: Permitted Use., or Section 430.610: Administrative Approval, or not fully complying with the General Requirements of this Article, except for modifications under 47 U.S.C. §  1455(a) which must be approved, shall be permitted only upon the approval of a Special Use Permit authorized consistent with Section 410.080: Procedures For Obtaining A Special Use Permit. following a duly advertised Public Hearing before the Board, subject to the following additional requirements, procedures, and limitations:

1. Applications. Applications for Special Use Permits shall be filed on forms prescribed for this purpose by the Director and processed subject to the requirements of and in the manner established by applicable law, herein, and for Special Use Permits in the Zoning Code and, in addition to such other requirements, shall be accompanied by a deposit of one thousand five hundred dollars ($1,500.00), to the extent permitted by applicable law to the specific Wireless Communications Facility. Any amount not used by the City shall be refunded to the Applicant upon written request after a final decision. Except as otherwise provided by law, no application for a Special Use Permit under this Section shall be deemed complete until the Applicant has paid all fees and deposits required under this Article, submitted certified engineering plans and all information required on the forms prescribed for this purpose by the Director, and provided proof of owner consent as required by Section Section 430.580: Application Procedures; Timing. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.

2. Decision And Findings Required. A decision shall be contemporaneously accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the Public Hearing by the Applicant or others.

3. Additional Minimum Requirements. See § 430.620(A)(3) for details.
4. Findings Required. See § 430.620(A)(4) for details.

Removal Of Support Structure. See Section 430.640: Removal Of Support Structure. for details.
 

An appeal to any decision hereunder may be taken pursuant to Chapter 405: Commissions and Boards, Article II: Board Of Adjustment. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law.