§ 408.030. Telecommunications Facilities., Chapter 408. Supplemental Standards, Unified Development Code, Code of Ordinances, Blue Springs

Applicability. The following regulations shall apply to new telecommunications facility uses, including facility replacement as set forth in Subsection (D)(8). It shall not govern any broadcasting facility, one owned and operated by a Federally licensed amateur radio station operator, or one used exclusively for receive-only antennas. The use shall not be regulated or permitted as an essential service public utility or private utility. The foregoing notwithstanding, all pre-existing telecommunications facilities within the City of Blue Springs, Missouri, at the time of passage of this Section shall be registered with the City's Director of Community Development within sixty (60) days from the effective date hereof together with the height, width and location thereof. The City of Blue Springs shall use its best efforts to notify all persons or entities subject to the registration of the registration requirement, but the failure of the City to notify an individual or entity shall not relieve such individual or entity of the requirement of registration. Failure to register an existing telecommunications facility shall raise a presumption that said telecommunications facility was not a legal non-conforming use on the date of passage of this Section. Except as provided in this Section, any current legal use being made of an existing telecommunications facility on the effective date of this Section (herein non-conforming structures) shall be allowed to continue, even if in conflict with the terms of this Section. However any pre-existing telecommunications facilities must comply with any FAA or FCC regulation or standard that requires retroactive application within six (6) months of the effective date of such standard or regulation, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to comply within the specified time period shall constitute grounds for removal of the facility at the operator's expense. Any telecommunications facility site that has received City approval in the form of either a conditional use permit or building permit prior to the effective date of this Section, but has not yet been constructed or located, shall be considered a non-conforming structure so long as such approval is current and not expired.

Purpose. The purpose of these provisions shall be:

To provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Blue Springs;

To minimize adverse visual impacts of communications antenna and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;

To maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;

To promote and encourage shared use/co-location of towers and antenna towers as a primary option rather than construction of additional single-use towers;

To ensure that any new telecommunications tower or structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;

To facilitate the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process;

To avoid potential damage to adjacent properties from tower failure through careful siting of tower structures;

To ensure that the regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service;

To create a hierarchy that influences both where new telecommunications towers and facilities are located and the types of antennas that are used and that favors co-location and City owned sites and promotes use of an antenna with the least amount of adverse visual impact;

10.

To encourage the location of telecommunications towers in non-residential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; and

11.

Telecommunications towers shall, to the extent possible, accommodate emergency services antennas and shall not interfere with any existing emergency service facilities.

Definitions. The following definitions shall be used relating to this Section. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory.

ANTENNA: A transmitting and/or receiving device mounted on a tower, building or structure and used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals and other communications signals, including directional antennas such as panel and microwave dish antennas, and omnidirectional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth signals. This definition does not include over-the-air reception devices which deliver television broadcast signals, direct broadcast signals, direct broadcast satellite services or multi-channel multi-point distribution services, as defined and regulated by 47 CFR 1.4000, as amended.

ANTENNA DISH (DISH ANTENNA, SATELLITE DISH): An antenna with a concave shape used for the reception and/or transmission of radio signals to and from satellites.

ANTENNA TOWER: A structure used to support an antenna at some height above the ground which may be referred to as a "tower."

BACKHAUL NETWORK: The lines that connect a telecommunication service provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BROADCASTING FACILITY: Any telecommunication tower built primarily for the purpose of broadcasting AM, FM or television signals.

CABLE MICRO-CELL NETWORK: A series of multiple low-power transmitters/receivers attached to existing wire lines systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. A cable micro-cell network is assumed to require co-location on existing poles.

CITY OWNED: Titled in the name of the City of Blue Springs or the Blue Springs Public Building Authority.

CO-LOCATED TELECOMMUNICATIONS FACILITY: The placement of a new telecommunications facility on an existing telecommunications tower, existing building or structure.

DISH ANTENNA: See "antenna dish."

ESSENTIAL SERVICE: Those services provided by the City and other governmental entities that directly related to the health and safety of its residents, including fire, police and rescue.

EXISTING TOWER: Any telecommunications tower in existence at the time a telecommunications site plan is submitted.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

FAIR MARKET VALUE: The price at which a willing seller and a willing buyer will trade.

GUYED TOWER: A telecommunications tower that is supported, in whole or part, by guyed wires and ground anchors.

LATTICE TOWER: A telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guyed wires or other supports.

MAJOR TELECOMMUNICATIONS FACILITY SITE PLAN: See Subsection (G)(11).

MICRO-CELL NETWORK: A series of multiple low-power transmitters/receivers of limited range that transmit to an antenna that is attached to existing wire lines systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. A micro-cell network is assumed to require co-location on existing poles.

MICROWAVE DISH ANTENNA: A telecommunications tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports.

MINOR TELECOMMUNICATIONS FACILITY SITE PLAN: See Subsection (F)(8).

MONOPOLE TOWER: A telecommunications tower consisting of a single freestanding pole or spire self-supported on a permanent foundation constructed without guy wire, ground anchors, or other supports.

OPERATOR: An individual, partnership, association, joint stock company, trust or corporation engaged in control and maintenance of all instrumentalities, facilities and apparatus incidental to wireless telecommunication transmission, including, but not limited to, a tower, antennas, associated buildings, cabinets and equipment. For the purposes of this Section, an "operator" may or may not hold a sublease, license or title on or for the lot on which a tower is sited.

OWNER: Either the owner of the real property on which the telecommunications facility, tower or antenna is located or the owner of the telecommunications facility, tower or antenna itself.

PANEL ANTENNA: A flat, rectangular antenna or array of antennas designed to concentrate a radio signal in a particular area.

PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

PRE-EXISTING FACILITY, TOWER OR ANTENNAS: Any facility, tower or antenna which has been constructed or for which a building permit has been properly issued prior to the effective date of this Section, including permitted facilities, towers or antennas that have not yet been constructed so long as such approval is current and not expired.

PRIVATELY OWNED: Owned by any entity other than City owned.

PUBLIC UTILITY: Any publicly owned, franchised or regulated facility for rendering electrical, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal and fire protection to the general public.

SATELLITE DISH: See "antenna dish."

SECTION: Section 408.030 of the Blue Springs Code of Ordinances and all its Subsections.

TELECOMMUNICATIONS or COMMUNICATIONS

The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent or received, by wire, radio, optical cable, electronic impulses, or other similar means, including, but not limited to, any "telecommunication service," "enhanced service," "information service" or "internet service," as such terms are now, or may be in the future be, defined under Federal law.

As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols.

TELECOMMUNICATIONS FACILITY: Any cables, wires, lines, wave guilds, antennas and any other equipment or facility that is used or associated with the provision of one (1) or more telecommunications services, including, without limitation, radio transmitting towers, telecommunications towers, other supporting structures, and associated facilities used to transmit telecommunications signals. The term "telecommunications facility" shall specifically exclude amateur radio transmitting towers and broadcasting facilities. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service as defined by Federal law.

TELECOMMUNICATIONS SERVICES: The offering of telecommunications (for the transmission, between and among points, specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received, by wire, radio, optical cable, electronic impulses, or other similar means) for a fee directly to the public, or to such classes or users as to be effectively available directly to the public, regardless of the facilities used. They include all instrumentalities, facilities, apparatus and services (among other things, the receipt, forwarding, and delivery of telecommunications) incidental to the transmissions. Personal wireless telecommunications services shall not be considered as essential services, public utilities or private utilities.

TELECOMMUNICATIONS STEALTH FACILITY: A state of the art facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that make it not readily identifiable as a telecommunications facility. An existing or proposed structure may or may not have a secondary function (i.e., bell tower, spire, flagpole, etc.). This term shall be synonymous with "camouflaged facility."

TELECOMMUNICATIONS TOWER HEIGHT: The vertical distance measured from the finished grade of the parcel to the highest point of the structure, including the base pad. This measurement does not include antenna, lighting or lightning rods which extend vertically from the highest point of the structure.

TELECOMMUNICATIONS TOWER: Any structure and support thereto designed and constructed primarily for the purpose of supporting one (1) or more antennas intended for transmitting or receiving personal wireless services, telephone, and similar and other telecommunications purposes and services including lattice, monopole, and guyed towers. The term includes personal wireless service facilities for the provision of commercial mobile services, unlicensed wireless service facilities (telecommunications services using duly authorized devices which do not require individual licenses), and common carrier wireless exchange access services. Also referred to as "tower." The term does not include radio and television transmission towers, amateur radio transmitting towers and broadcast facilities.

UNLICENSED WIRELESS SERVICE: The offering of telecommunications service using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services.

WHIP ANTENNA: A cylindrical antenna that transmits signals in three hundred sixty degrees (360°).

General Regulations Local, State And Federal Requirements.

A telecommunications facility (also referred to herein as "facility") owner shall certify to the City that all franchises/licenses required by law for the provision of telecommunication services in the City have been obtained and shall file a copy of these with the City. The construction, operation and repair of a facility shall be in accordance with all applicable local, State and Federal requirements. The construction, operation and repair shall be performed in a manner consistent with the applicable industry standards, including the Electronic Industries Association. The facility must be designed to meet or exceed current standards and regulations of the FAA and FCC, including emissions standards, and any other agency of the local, State or Federal government with the authority to regulate the facility prior to issuance of a building permit by the City. A statement shall be submitted by a licensed engineer certifying compliance with this Subsection. If such applicable Federal or State standards and regulations require retroactive application, then the facility owner shall bring its facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring it into compliance with such revised standards and regulations shall constitute grounds for removal at the facility owner's or operator's expense or the landowner's expense.

Inspection. The City reserves the right to conduct periodic inspection of facilities to ensure structural and electrical integrity. If inspection determines non-compliance with applicable Codes and standards, then, upon notice, the owner shall have no more than thirty (30) days to bring the facility into compliance unless a time extension has been granted for good cause by the Director of Community Development. Failure to do so within thirty (30) days, unless a time extension has been granted for good cause by the Director of Community Development, shall constitute grounds for the removal of the facility at the facility owner's or operator's expense or the landowner's expense.

Lighting. No signals, artificial lights or illumination shall be permitted on any facility unless required by the FAA or other applicable authority. If required, the lighting shall be designed to minimize off-site impacts. Security lighting around the base of the tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.

Signs. No signs, including commercial advertising, logo, political signs, flyers, flags or banners, but excluding elements that are part of a stealth design and warning signs, shall be allowed on any part of an antenna or telecommunications tower (also referred to herein as "tower"). Any signs placed in violation of this Subsection shall be removed immediately by the owner or the operator or by the City at the owner's or operator's expense. Notwithstanding any contrary provisions of the City's Unified Development Code or Sign Code, the following warning signs shall be utilized in connection with the tower or antenna site, as applicable:

If high voltage is necessary for the operation of the tower or any backhaul network or associated equipment, "HIGH VOLTAGE — DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than twenty (20) feet apart.

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart:

(1)

The height of the lettering of warning signs shall be at least twelve (12) inches and the signs shall be installed at least five (5) feet above the finished grade;

(2)

The warning signs may be attached to freestanding poles if the content of the sign may be obstructed by landscaping.

Parking. Each facility site shall provide paved parking only for use by maintenance personnel. A minimum of one (1) space shall be provided per user located on the facility site. No vehicle storage shall occur.

Security Fencing. Towers and associated accessory building/equipment shall be enclosed by a security fence or wall that is a minimum of seven (7) feet in height and is equipped with an anti-climbing device or apparatus. Access shall be through a locked gate or door in the required fence or wall. A description of proposed security measures shall be provided as part of any application to install, build or modify a telecommunications facility. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Director of Community Development or the Planning Commission or the City Council in the case of a conditional use permit so long as the additional measures are reasonably related to a security issue. Fencing shall be maintained as required by Chapter 407 of the Unified Development Code regardless of the zoning district in which it is located.

Outdoor Storage. No outdoor storage of vehicles, materials or equipment is permitted. Mobile or immobile equipment not used in direct support of the facility shall not be stored or parked on site unless repairs to the facility are being made.

Facility Replacement.

Modification To Existing Site. Up to fifty percent (50%) of the height of an existing tower may be replaced with no increase in height as part of modifications made to provide for co-location of a new facility. Replacement of more than fifty percent (50%) shall be considered a new tower and shall meet all of the applicable requirements.

Rebuilding Damaged Or Destroyed Existing Site. Existing towers and facilities that are damaged or destroyed may be rebuilt through administrative review and approval [minor telecommunications site plan review, see Subsection (H)(3)(b)], provided the replacement tower or facility is the same as the original in type, location and intensity or brings a previously non-conforming tower or facility into greater conformance and no more than fifty percent (50%) of the tower or facility is involved. If more than fifty percent (50%) of the tower or facility is involved, it shall be considered a new facility that shall meet all of the applicable requirements. All replacement shall comply with the then applicable Building Codes and building permits obtained and be completed within one hundred eighty (180) days from the date the tower or facility is damaged or destroyed. If no building permit is obtained or it expires, or replacement is not timely completed, the tower or facility shall be deemed abandoned.

Removal Of Abandoned Facility. Any facility deemed abandoned pursuant to this Code or any facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner or last operator thereof shall remove it within ninety (90) days of receipt of written notice to remove from the City. Failure to remove an abandoned tower or facility within the ninety (90) days shall be grounds to remove it at the facility owner's or last operator's expense or the landowner's expense. If there are two (2) or more users of a single tower or facility, then this provision shall not become effective until all users cease using it.

10.

Facility Appearance.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness and so as to be consistent with the natural or built environment of the site.

The design of the equipment structure and any other associated permitted structures shall, to the maximum extent practicable, use materials, colors, textures, screening and landscaping that minimize the visual impact and enhance compatibility with the surrounding natural or built environment. Camouflage and stealth technology, if available and economically feasible, shall be used to minimize visual impact on surrounding property. Additionally the design of the site shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All towers will be constructed using monopole and/or stealth design unless specifically provided for elsewhere in this Section.

Facilities must comply with all applicable landscaping requirements of this Code. The City may require landscaping in excess of those requirements in order to enhance compatibility with adjacent uses or zoning districts. At a minimum the landscaping shall consist of a landscape strip of not less than ten (10) feet in width planted with materials which will provide a visual barrier to a minimum height of six (6) feet, as approved by the City. The landscape strip shall be exterior to any security wall. These requirements may be waived by the Governing Body where natural growth and land forms provide an equivalent buffer. Existing mature trees and land forms of the site shall be preserved to the maximum extent possible.

For co-located telecommunications facilities, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to minimize the visual impact and enhance compatibility with surrounding development.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be to the maximum extent practicable, of stealth design.

11.

Security Fund.

Every provider of telecommunications services and telecommunications operator shall establish a cash security fund, or irrevocable letter of credit, to secure the payment of removing their tower or facility that has been determined to be abandoned, to secure the payment of removing their tower or facility that has been determined to be in non-compliance with this Code, and to provide the City a fund from which to deduct fines and penalties for non-compliance with this Code or other applicable laws unless prohibited by valid and applicable State or Federal law. The amount to be provided for each tower shall be twenty-five thousand dollars ($25,000.00); the amount for each antenna array shall be five thousand dollars ($5,000.00).

In the alternative, said provider or operator may, in lieu of the cash security fund or irrevocable letter of credit, file and maintain with the City a bond in the amount of twenty-five thousand dollars ($25,000.00) for each tower and the amount of five thousand dollars ($5,000.00) for each antenna array. The operator and provider and the surety shall be jointly and severally liable under the terms of the bond.

Any reduction in the security fund provided, because of deductions of fines, penalties or removal costs, shall be replenished to the total of the required amount within thirty (30) days after notice from the City of the amount deducted and the deficiency created thereby.

Within a reasonable period of time, not to exceed three (3) months after the tower or antenna is removed, any remaining funds on deposit with the City pursuant to this Section, after application and above all expenses provided for herein, shall be refunded to the appropriate provider or operator who created the security fund.

12.

Building Codes Safety Standards. Prior to the issuance of a building permit to construct a facility, antenna or tower, the owner/applicant or operator/applicant shall provide the City with all required licenses and certifications from Federal, State and County agencies. To ensure the structural integrity of towers, the owner or operator of a tower shall ensure that it is maintained in compliance with standards contained in applicable Federal, State or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Director of Public Works or their designee concludes that a tower fails to comply with such Codes and standards, then upon notice being provided to the operator or owner of the tower, the operator shall have thirty (30) days to bring the tower into compliance with such standards. Failure to bring a tower into compliance within thirty (30) days shall constitute grounds for the removal of the tower at the owner's or operator's expense.

13.

Franchises. Owners and/or operators of towers and antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Blue Springs have been obtained and shall file a copy of all required franchises with the Director of Community Development as part of the minor or major telecommunications site plan submission.

14.

Separation. All towers shall be separated by a distance of one (1) mile. A new tower shall not be permitted in a location within one (1) mile distance of another tower, unless it is determined by the body or individual making the decision regarding the submission that both towers are acceptably screened from any adjoining residential uses and the second tower is necessary to the provision of service within the City of Blue Springs to a standard mandated by Federal law and as demonstrated pursuant to this Section.

Siting Alternatives Hierarchy. Development of a facility use shall be in accordance with the following siting alternatives hierarchy. The order of ranking, from highest to lowest, shall be 1a, 1b, 2a, 2b, 3a, 3b. Where a lower ranked alternative is proposed (i.e., 2b), the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible or reasonably available.

Co-Location On Existing Telecommunications Tower.

On City-owned site.

On privately-owned site.

Co-Location On Existing Building/other Structure.

On City-owned site.

On privately-owned site.

Development Of New Telecommunications Tower.

On City-owned site.

On privately-owned site.

Co-Location Regulations. The following are required for co-location of facilities, towers or antennas:

Use Regulations. Co-location is permitted in any zoning district.

Height.

Tower [see Subsection (G)(3)].

Building/other Structure. The minimum height of the building/structure before installation of the telecommunications facility shall be fifty (50) feet. The maximum height of the telecommunications facility or antenna installed on an existing building or structure other than a tower shall not exceed twenty (20) feet above the building/structure.

Antenna Type. To minimize adverse visual impacts, the antenna used shall be in accordance with the following alternatives hierarchy. The order of ranking, from highest to lowest, shall be a, b, c, d. Where a lower ranked alternative is proposed (i.e., c), the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible.

Stealth.

Panel.

Whip.

Dish.

Modification. Modifications to the structure to accommodate co-location subject, however, to Subsection (D)(8).

Future Co-Location. Wherever feasible, the facility owner shall provide for future co-location on the facility by other service providers and for public purposes or demonstrate by substantial evidence that it is not feasible. The owner of a tower shall not charge providers seeking to co-locate in excess of the fair market value for the space, as determined at the time of the request for co-location. In the event of a dispute, the parties shall select an independent appraiser to determine fair market value. If the parties cannot agree on the selection of an appraiser, the City shall select one. All appraisals shall be performed at the expense of the parties.

Lease. The City may require, as a condition of entering into a lease agreement with the City, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to the execution of the lease.

Equipment Structure.

Ground Installed. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure). The equipment shall meet the minimum setbacks required for a principal building in the underlying zoning district.

Roof Installed. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure), subject to compliance with the regulations of all Building Codes adopted by the City.

Telecommunications Facility Site Plan. A minor telecommunications facility site plan that meets the requirements of Subsection (H)(3) shall be submitted with an application for co-location, except that for a micro-cell network or cable micro-cell network a minor telecommunications facility site plan shall not be required for each individual low-power transmitters/receivers, but one is required for each facility that transmits to, or receives from, the individual low-power transmitters/receivers.

New Telecommunications Facility, Telecommunications Tower And Antenna Regulations That Are Not Co-Located. The following are required for new facilities, towers or antennas:

Use Regulations (Where Allowed Subject To The Requirements Of This Section).

Permitted Use (Subject To Requirements Of This Section).

(1)

City-owned property.

(2)

HI — Heavy Industrial District.

(3)

A telecommunications tower may also be incorporated into new development of a permitted use as an accessory use, provided the permitted principal use is a telecommunications-related use and the applicant demonstrates that the telecommunications tower is a necessary and inseparable part of the operations of the use. In such cases, the telecommunications tower and any associated equipment structure shall comply with Subsection (G) and all other applicable Code provisions.

Conditional Use (Obtained Pursuant To Section 403.060, Conditional Use Permits).

(1)

GB — General Business District.

(2)

RC — Regional Commercial District.

(3)

SO — Service/Office District.

(4)

LI — Light Industrial District.

(5)

Any commercial or industrial zoning district previously defined in the Unified Development Code that is no longer defined herein, e.g., CB.

Accessory Use. A new telecommunications tower that is, or will be, accessory to a principal use shall be located only in the side or rear of the property. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental and subordinate to the principal uses allowed in zoning districts.

Minimum Setbacks. One hundred ten percent (110%) of the tower height. The City Council may, on appeal, reduce the minimum setback along a public right-of-way to fifty percent (50%) of the tower height if the applicant demonstrates that the facility incorporates stealth design. Setback requirements shall be measured from the base of the tower to the perimeter of the property (property line) on which it is located, except that, in addition, ground anchors of all guyed telecommunications towers, if permitted, shall be located on the same parcel as the tower and shall meet the setbacks of the applicable zoning district. The equipment or associated structure shall meet the minimum setbacks required for a principal building in the underlying zoning district.

Maximum telecommunications tower height.

Single antenna array or a single user: ninety (90) feet.

Two (2) antenna arrays or for two (2) users: one hundred twenty (120) feet.

Three (3) or more antenna arrays or for three (3) or more users: one hundred fifty (150) feet.

Any antenna, lighting, lightning rod, lighting beacon or other facility shall not extend more than ten (10) feet above the height of the telecommunications tower.

Minimum Separation. Any new telecommunications tower shall be separated from any other telecommunications tower by a minimum distance of one (1) mile, unless it is determined by the body or individual making the decision regarding the submission that both towers are acceptably screened from any adjoining residential uses and the minimum reduction in separation necessary to meet the requirement to provide service is used, but in no event less than one-quarter (1/4) mile. Separation distance shall be measured by a straight line between the bases of the telecommunications towers.

Separation From Existing Residential Uses. A telecommunications facility, tower or antenna shall be located a distance of at least four (4) times its height from any then existing single-family use or two-family use that is not on the same lot as the facility, tower or antenna measured from the base of the telecommunications facility, tower or antenna to the closest property line of the existing single-family or two-family use.

Stealth.

Panel.

Whip.

Dish.

Future Co-Location. Wherever technically feasible, the facility owner shall provide for future co-location on the facility by other service providers and for public purposes or demonstrate by substantial evidence that it is not feasible. At a minimum, a monopole tower must be built to have the capacity to accommodate two (2) antenna arrays. Lattice and guyed towers shall be prohibited, except that lattice towers may be permitted by the City Council if needed to provide a required integral element of the City's or other governmental agency's emergency services communications network. The owner of a tower shall not charge providers seeking to co-locate in excess of the fair market value for the space, as determined at the time of the request for co-location. In the event of a dispute, the parties shall select an independent appraiser to determine fair market value. If the parties cannot agree on the selection of an appraiser, the City shall select one. All appraisals shall be performed at the expense of the parties.

Equipment Structure. The equipment structure shall not contain more than four hundred fifty (450) square feet of gross floor area or be more than ten (10) feet in height (excluding any platform structure). The equipment shall meet the minimum setbacks required for a principal building in the underlying zoning district.

10.

Temporary Facility. As part of a proposal to develop a new telecommunication tower or facility, the owner may construct a temporary antenna support facility. The temporary facility shall be located on the same site as the new tower, shall be subject to the provisions of Subsection (D) and shall not continue in use for more than thirty (30) consecutive days. A temporary facility needed to allow for modification and/or repairs to a tower necessary to aid in post-disaster relief efforts are exempt from the thirty (30) day limitation.

11.

Site Plan. A major telecommunications facility site plan that meets the requirements of Subsection (H)(4) shall be submitted with an application for a new telecommunications facility, telecommunications tower or telecommunications antenna that are not co-located, except that for a micro-cell network or cable micro-cell network a major telecommunications facility site plan shall not be required for each individual low-power transmitters/receiver.

Telecommunications Facility Site Plan Submission And Review Requirements.

All applicants for telecommunications facility site plan approval shall request and participate in a pre-application conference with the City. Such a request will be submitted with a non-refundable fee of one hundred dollars ($100.00) to reimburse the City for the cost incurred by the conference.

The City shall act on any telecommunications facility site plan of such request. However, if the City does not accept the application (submission) as provided as complete and accurate, or if the City deems it necessary to make reasonable request for additional information, the time in which an application (submission) is processed shall be tolled pending receipt of the requested information and evaluation thereof subject to valid Federal and State requirements. All applications that are reviewed administratively shall be completed within forty-five (45) days of a complete and accurate application. If Planning Commission review is required, the matter shall be heard by the Planning Commission within forty-five (45) days and shall be acted upon within seventy (70) days thereof. These time requirements notwithstanding, conditional use review shall proceed according to its schedule set out in this Code. If an action is not taken administratively or by a reviewing or decision making body on any request including a special exemption, variance or rezoning within such time set out in this Code or State or Federal law or regulations, the request or application shall be deemed denied unless the applicant consents, requests or agrees, in writing, to an extension of such time for review and decision. Upon such an occurrence of denial, the applicant shall have all rights of appeal and review available under valid and applicable law.

Minor Telecommunications Facility Site Plan. A minor telecommunications facility site plan submission shall contain all of the information required as part of an application for site plan and design review under the UDC, including a minor telecommunications facility site plan submission fee of two hundred fifty dollars ($250.00) and be subject to the following:

Information Required.

(1)

A scaled site plan clearly indicating the location, type and height of the proposed telecommunications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other local governments), Comprehensive Plan future land use designation of the site and all properties within the applicable separation distances set forth in Subsection (D)(14), adjacent roadways, proposed means of access, setbacks from property lines set forth in Subsection (G)(2), elevation drawings of the proposed telecommunications facility, topography, parking, locations of public and private utilities, and other information deemed by the Community Development Director to be necessary to assess compliance with this Chapter.

(2)

The setback distance between the proposed telecommunications facility and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(3)

A description of compliance with all applicable Federal, State or local laws, including all provisions within this Title.

(4)

Identification of the entities providing the backhaul network for the telecommunications facility described in the application and other telecommunications facilities owned or operated by the applicant in the City and one (1) mile outside the City limits.

(5)

Certification. For all co-located facilities, a sworn, notarized statement from a licensed engineer that certifies that the structure can support the additional load due to the co-location of facilities and compliance with the antennas type hierarchy of this Section.

(6)

Photo Simulation Of Facilities. The applicant shall provide photo simulations from the four (4) points of the compass looking towards the proposed site and as further designated by the City. In addition, photo simulations shall be provided from any neighboring residential property/neighborhood located within one (1) mile of the proposed site and a line of sight photo simulation from any arterial and/or collector street within one (1) mile taken at the nearest point on the street to the proposed site.

Review And Approval. A minor telecommunications facility site plan shall be administratively reviewed by the Director of Community Development and may be administratively approved by said Director. The City may commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees, in writing, to pay all the reasonable costs associated with said review and has advanced an amount equal to one-half (1/2) of the amount estimated by the proposed reviewer for the cost of the review. The City and the Director reserve the right to require City Planning Commission approval. No building permit shall be issued to begin construction of any part of the co-located facility, tower or antenna until the minor telecommunications facility site plan is approved and any required conditional use permit is granted.

Major Telecommunications Facility Site Plan. A major telecommunications facility site plan submission shall contain all of the items required for a minor telecommunications facility site plan, including information required for a final site plan under the UDC, including a major telecommunications facility site plan submission fee of five hundred dollars ($500.00), and provide the following additional information:

Inventory Of Towers.

(1)

Each applicant shall submit an inventory of its, and those companies proposing to co-locate on the proposed telecommunications facility, tower or antenna (if any), existing towers, antennas, and approved telecommunications facilities within the City, or within one (1) mile of the building thereof. No new tower shall be permitted or major telecommunications facility site plan approved unless the applicant demonstrates to the satisfaction of the City by substantial evidence that no existing facility (whether or not owned by the applicant) can accommodate, as is or through modification, the proposed facility. Substantial evidence to demonstrate that no existing facility is suitable shall consist of any of the following:

(a)

An affidavit demonstrating that the applicant made diligent efforts to install or co-locate on existing towers and other existing structures within the geographic search area, as determined by a qualified radio frequency engineer, and within a one (1) mile radius of the proposed tower site.

(b)

An affidavit demonstrating that existing towers and structures located within the geographic search area, as determined by a qualified radio frequency engineer, and within a one (1) mile radius of the proposed tower site do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including, but not limited to, applicable FCC requirements.

(c)

Written technical evidence from a qualified radio frequency engineer that existing towers and structures within the geographic search area are not of sufficient height to meet the applicable FCC requirements.

(d)

Written technical evidence from a qualified structural engineer that existing towers and structures within the geographic search area do not have sufficient structural strength to support the proposed facility.

(e)

A written statement from a qualified radio frequency engineer submitting technical evidence substantiating their opinion that the existing towers and structures within the geographic search area are incompatible due to electromagnetic/radio frequency interference or interference with public safety communications or the usual and customary transmission or reception of radio, television, or other communications service enjoyed by surrounding properties and that antenna on the existing tower or structure cannot be relocated on the existing structure to accommodate additional users.

(f)

An affidavit that the fees, costs, or contractual provisions required by the owner to share an existing tower or structure within the geographic search area, or to adapt an existing tower or structure within the geographic search area for sharing, are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(g)

The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one (1) mile radius of the proposed tower site unsuitable.

(h)

The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of the applicant's FCC license is unsuitable for the site involved.

(i)

(2)

The City reserves the right to share inventory information with other applicants seeking to site their telecommunications facilities; however, in doing so, the City shall neither be responsible for the accuracy of the information nor will it infer that any sites are available or suitable.

Engineering Report. All proposals for a new tower shall submit a written report that shall be properly sealed by a licensed professional engineer licensed to practice in the State of Missouri who specializes in radio frequency engineering or telecommunications facilities. This report shall include:

(1)

The geographic search area;

(2)

Site development plan;

(3)

A projection of wind-load capacity for the proposed facility. No tower shall be permitted to exceed its wind-loading capacity as provided for by the applicable City Building Code;

(4)

A statement that the proposed tower and the proposed telecommunications facilities, including reception and transmission functions, will not interfere with the visual and customary transmission or reception of radio, television or similar services, as well as other wireless services enjoyed by surrounding properties;

(5)

A statement of compliance with all applicable Building Codes, associated regulations and safety standards;

(6)

The power density of the facility and how it meets or exceeds the FCC's regulations on the environmental effects of radio frequency emission;

(7)

Evidence of compliance with siting alternative hierarchy requirements and all other requirements of this Section;

(8)

Any additional information deemed warranted by the City to assess compliance with applicable regulations;

(9)

The separation distance from other telecommunications facilities described in the inventory of existing sites submitted pursuant to Subsection (H)(3)(a)(1) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications facilities and the operator of the tower(s), if known;

(10)

A notarized statement of the applicant's engineer that the telecommunications facility will accommodate the co-location of additional antennas for future users; and

(11)

A description of the feasible alternative location(s) of the proposed tower or antenna within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.

Additional Requirements.

(1)

A landscape and screening plan which meets the requirements of the UDC and this Section, except when waived by the Governing Body pursuant to Subsection (D)(10)(c).

(2)

Method of providing security enclosure and finished color and the method of providing stealth design and illumination.

(3)

A copy of the warranty deed and any lease or leases for the property on which the telecommunications facility, tower or antenna is to be located with an affidavit from the record owner acknowledging that the responsibility for removal of the tower at some future date may be at their expense.

Review And Approval. A major site plan shall be reviewed by the Director of Community Development and approved by the City Planning Commission. The City may commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees, in writing, to pay all the reasonable costs associated with said review and has advanced an amount equal to one-half (1/2) of the amount estimated by the proposed reviewer for the cost of the review. No building permit shall be issued to begin construction of any part of a new facility, tower or antenna until the major telecommunications facility site plan is approved and any required conditional use permit is granted, unless a special exemption use has been approved pursuant to Subsection (I).

Appeal Of Planning Commission Decision. Appeals of the Planning Commission's decision on an application for a minor or major telecommunications facility site plan approval may be taken to the City Council by filing an appeal with the Director of Community Development within seven (7) days of the date of the Planning Commission's decision on the site plan application.

(1)

Right To Appeal. The following persons and entities shall have standing to appeal the action of the Planning Commission on an application for a minor or major telecommunications facility site plan approval: the applicant; the Director of Community Development; the Planning Commission or any member thereof; the City Council or any member thereof; any owner of land directly affected by the action or proposed action; any person who received mailed notice of the public hearing; any person who participated in the public hearing on the proposed action; any other person that the body taking the final, non-appellate action or the appellate body determines to be actually or potentially aggrieved by the appealed action; and any person given the right of appeal by law.

(2)

Action On Appeal. The City Council shall consider the appealed minor or major telecommunications facility site plan decision as a new matter and, within sixty (60) days of the date that the appeal was filed, shall act to approve, approve with modifications or deny the original application based on the criteria and requirements of this Section except where deemed denied under this Subsection as not having been rendered within the time limit set by this Code, or failure to meet applicable and valid State and Federal law.

Special Exemption Provisions. For circumstances where a prospective facility owner or operator or a telecommunications services provider is able to demonstrate, based upon clear and convincing, substantial verifiable technical evidence, that it is unable to locate a telecommunications facility, tower or antenna, which is necessary under its service requirements, under the terms of the existing provisions of this Section on any available sites (including opportunities for co-location), and that, pursuant to Federal law, it has a right to locate a facility, tower or antenna in a location not permitted under the provisions of this Section or in accordance with the terms of this Section, the following will apply.

Application Requirements, Review And Approval.

A major telecommunications facility site plan that meets the requirements of Subsection (H)(4) shall be submitted. As part of the plan submission, the application shall clearly indicate the specific reasons why a special exemption is justified and provide documentation to support the justification.

Upon receipt of a complete major telecommunications facility site plan, the City shall commission a review by a licensed professional consultant, of the City's choice, with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant through a cost recovery process of the City and no application shall be deemed complete and no review will commence until a cost recovery arrangement is finalized wherein the applicant agrees in writing to pay all the reasonable costs associated with said review and has advanced an amount equal to one-half (1/2) of the amount estimated by the proposed reviewer for the cost of the review.

If the new facility, tower or antenna is not a permitted or conditional use, as defined in Subsection (G)(1), then special exemption approval shall be required.

The review of any application for a special exemption use under this Section shall require approval of the special exemption by the City Council, after a public hearing, following a public hearing and recommendation by the Planning Commission. Notice of the public hearing shall be as is required for changes of zoning.

In granting a special exemption approval, the City Council may impose conditions to the extent the City Council concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications facility, tower or antenna.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

An applicant for special exemption use shall submit the information described in this Section and Subsection (H). This information shall be accompanied by a non-refundable fee of one thousand dollars ($1,000.00) to cover the administrative costs of the review. Any costs or expenses incurred by the City that exceed one thousand dollars ($1,000.00) shall be reimbursed by the applicant or property owner upon the applicant's receipt of an invoice from the City setting forth the expenses that exceeded one thousand dollars ($1,000.00). Any pre-application conference fee shall accompany the information as provided in Subsection (H)(1). The application shall be signed in the presence of a notary public and the notary shall affix their seal to the application.

Within forty-five (45) days of receipt of the review pursuant to Subsection (I)(1)(b), the matter shall be brought before the City Council for a public hearing. It shall be the burden of the applicant to make all showings by clear and convincing evidence and provide all evidence required for the granting of a special exemption.

Factors Considered In Granting Special Exemption Approval For Telecommunications Facilities. The City Council shall consider the following factors in determining whether to approve a special exemption:

Height of the proposed tower/antenna;

Proximity of the tower/antenna to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower/antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress;

Availability of suitable existing towers, buildings and other structures, in order to avoid the siting of new towers or structures, as discussed in Subsection (H)(4)(a)(1) of this Section; and

The need for the tower for the applicant to provide service within Blue Springs City limits.

The applicant shall comply with all requirements of this Code for a new telecommunications facility, telecommunications tower or telecommunications antenna which are technically and financially feasible as are reasonably determined by the City Council.

No building permit shall be issued to begin construction of any part of a facility, tower or antenna that does not comply with all the applicable terms of this Section and all its Subsections unless a special exemption use is approved.

Protection Of The City And Its Residents.

Indemnification. The City shall not enter into any lease agreement until and unless the City obtains an adequate indemnity from such owner or operator provider. The indemnity must at a minimum:

Release the City from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the telecommunications facility. Each telecommunications facility owner or operator must further agree not to sue or seek any money or damages from the City in connection with the above-mentioned matters.

Indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees from and against any and all claims, demands or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments or decrees sustained by the City or any third party arising out of, or by reason of, or resulting from or of the negligent acts, errors or omissions of any communications facility operator, owner or their agents, employees or servants.

Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify.

Insurance. The City may not enter into any lease agreement until and unless the City obtains assurance that an operator and/or owner (and those acting on its behalf) has adequate insurance (amount to be determined at time of agreement). At a minimum, the following requirements must be satisfied:

A facility operator or owner shall not commence construction or operation of the facility without obtaining all insurance required under this Section and approval of such insurance by the City, nor shall a facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the facility is in existence. If the operator or owner, their contractors or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved.

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City. The certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage.

The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Missouri.

In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the City, the facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been secured for the balance of the lease agreement period.

Comprehensive General Liability. A facility operator and its contractors or subcontractors engaged in work on the operator's behalf shall maintain minimum insurance (amount to be determined at time of agreement) to cover liability, bodily injury and property damage. Exposures to be covered are: premises, operations, and those certain contracts relating to construction, installation or maintenance of the facility, tower or antenna. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the City and the facility operator. The City shall be named as an "additional insured" in all such policies.

Violations. It shall be unlawful to violate or fail to perform any of the required provisions of this Section. Each day that a violation continues shall be considered a separate offense. In addition, the violation of any provision of this Section may be deemed grounds for removal of the telecommunications facility and the City may seek any other remedy or damages to the full extent of the law.

Non-Conforming Uses.

No Expansion Of Non-Conforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Section shall not be deemed to constitute the expansion of a non-conforming use or structure.

Pre-Existing Facility, Towers Or Antennas. Pre-existing facility, towers or antennas shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this Section.