[Ord. No. 97-4 §1, 10-11-1997]
A.
The general
purpose of this Chapter is to regulate the placement, construction
and modification of telecommunications towers, support structures,
and antennae in order to protect the health, safety and welfare of
the public, while at the same time not unreasonably interfering with
the development of the competitive wireless telecommunications marketplace
in Northwoods. Specifically, this Chapter is intended to:
1.
Provide
for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City of Northwoods;
2.
Minimize
adverse visual impacts of communications antennae and support structure
through the careful design, siting, landscape screening and innovative
camouflaging techniques;
3.
Maximize
the use of existing and new support structures so as to minimize the
need to construct new or additional facilities;
4.
Maximize
the co-location of facilities on any new support structures;
5.
Ensure
that any new telecommunications tower or structure is located in an
area compatible with the neighborhood or surrounding community to
the extent possible; and
6.
Ensure
that 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.
[Ord. No. 97-4 §1, 10-11-1997]
A.
On February
8, 1996, Congress enacted the Federal Telecommunications Act of 1996
P.L. No. 104-104. The purpose of the Act included deregulation of
the telecommunications industry and provides a more competitive environment
for wired and wireless telecommunications services in the United States.
B.
The Telecommunications
Act of 1996 preserves the authority of the City to regulate the placement,
construction, and modification of towers and antenna support structures
and to protect the health, safety and welfare of the public.
C.
The City
has been granted the authority to enact legislation to regulate the
construction, placement, and operation of telecommunications towers
and antennae pursuant to its zoning powers established in Chapter
89, RSMo., and additionally pursuant to its general and specific Police
powers established by Statute authorizing the regulations herein to
protect the public health, safety and welfare.
E.
Consistent
with the Telecommunications Act of 1996, the regulations of this Section
will not have the effect of prohibiting the provision of personal
wireless services, and do not unreasonably discriminate among functionally
equivalent providers of such service. The regulations also impose
reasonable restrictions to protect the public safety and welfare and
ensure opportunities for placement of antennae with prompt approval
by the City. The ordinance does not attempt to regulate in areas within
the exclusive jurisdiction of the FCC.
F.
The uncontrolled
proliferation of towers in the City of Northwoods is threatened without
adoption of new regulations, and would diminish property values, the
aesthetic quality of the City, and would otherwise threaten the health,
safety and welfare of the public.
[Ord. No. 97-4 §1, 10-11-1997]
As used in this Chapter, the following terms shall have the
meanings and usages indicated:
Above ground level. Ground level shall be determined by the
average elevation of the natural ground level within a radius of fifty
(50) feet from the center location of measurement.
Any device that transmits and/or receives radio waves for
voice, data or video communications purposes including, but not limited
to, television, AM/FM radio, microwave, cellular telephone and similar
forms of communications. The term shall exclude satellite earth station
antennae less than two (2) meters in diameter (mounted within (12)
feet of the ground or building-mounted) and any receive-only home
television antennae.
A structure for the protection and security of communications
equipment associated with one (1) or more antennae where direct access
to equipment is provided from the exterior and that has horizontal
dimensions that do not exceed four (4) feet by six (6) feet, and vertical
height that does not exceed six (6) feet.
An area as designated by the map of the same title indicating
general locations in which more than one (1) wireless service provider
may potentially seek to locate an antenna facility and in which the
construction of co-locatable towers will be required. The map may
be periodically revised in response to new information received regarding
tower sites sought by wireless providers. A multi-use interest area
shall be designated as appropriate for tower within one (1) mile of
each other, unless the applicant demonstrates to the contrary.
The Director of Planning of the City or his/her designee.
Any free-standing, manmade structure designed for the support
of antennae, the presence of which is camouflaged or concealed as
an appropriately-placed architectural or natural feature. Depending
on the location and type of disguise used, such concealment may require
placement underground of the utilities leading to the structure. Such
structures may include but are not limited to clock towers, companies,
observation towers, water towers, light standards, flag poles and
artificial trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the average grade of
the base of the structure at ground level to its highest point and
including the main structure and all attachments thereto.
Any addition, deletion, or change, including the addition
or replacement of antennae, or any change to a structure requiring
a building permit or other governmental approval.
A building for the protection and security of communications
equipment associated with one (1) or more antennae and where access
to equipment is gained from the interior of the building. Human occupancy
for office or other uses or the storage of other materials and equipment
not in direct support of the connected antennae is prohibited.
A tower or disguised support structure.
A structure designed for the support of one (1) or more antennae
and including guyed towers, self-supporting (lattice) towers or monopoles
but not disguised support structures or buildings. The term shall
also not include any support structure including attachments of sixty-five
(65) feet or less in height owned and operated by an amateur radio
operator licensed by the Federal Communication Commission.
[Ord. No. 97-4 §1, 10-11-1997]
A.
The requirements
set forth in this Chapter shall be applicable to all towers, antennae
and other support structures installed, built or modified after the
effective date of this Chapter to the full extent permitted by law.
1.
Principal or incidental use. Antennae and support structures
may be either a principal use in all zoning districts or an incidental
use to existing multiple-family, institutional or non-residential
uses, subject to any applicable district requirement relating to yard
or setback.
2.
Building Codes, safety standards, and zoning compliance. To ensure the structural integrity of antenna support structures,
the owner shall see that it is constructed and maintained in compliance
with all standards contained in applicable State and local Building
Codes and the applicable standards published by the Electronics Industries
Association, as amended from time to time. In addition to any other
approvals required by this Section, no antenna, tower, or support
structure shall be erected prior to receipt of a certificate of zoning
authorization and the issuance of a building permit.
3.
Regulatory compliance. All antennae and support structures
shall meet or exceed current standards and regulations of FAA, FCC
and any other State or Federal agency with the authority to regulate
communications antennae and support structures. Should such standards
or regulations be amended, then the owner shall bring such devices
and structure into compliance with the revised standards or regulations
within the time period mandated by the controlling agency. No approval
for any placement, construction or modification of any antenna or
structure permitted by this Section shall be granted for any applicant
having an uncured violation of this Section or any other governmental
regulatory requirement related to such antenna or structures within
the City.
4.
Security. All antennae and support structures shall be protected
from unauthorized access by appropriate security measures. A description
of proposed security measures shall be provided as part of any application
to install, build or modify antennae or support structures. Additional
measures may be required as a condition of the issuance of a building
permit or administrative permit as deemed necessary by the Director
or by the City Plan Commission in the case of a conditional use permit.
5.
Lighting. Antennae and support structures shall not be lighted
unless required by the FAA or other State or Federal agency with authority
to regulate, in which case a description of the required lighting
scheme will be made a part of the application to install, build or
modify the antennae or support structure. Equipment cabinets and shelters
may have lighting only as approved by the Director on the approved
site development plan.
6.
Advertising. Unless a disguised antenna support structure
in the form of an otherwise lawfully permitted pylon sign, the placement
of advertising on structures regulated by this Section is prohibited.
7.
Design.
a.
Towers
shall maintain a galvanized steel finish or, subject to the requirements
of the FAA or any applicable State or Federal agency, be painted a
neutral color consistent with the natural or built environment of
the site.
b.
Equipment
shelters or cabinets shall have an exterior finish compatible with
the natural or built environment of the site and shall also comply
with any design guidelines as may be applicable to the particular
zoning district in which the facility is located.
c.
Towers
shall not exceed the height limitations of any airport overlay zone
as may be adopted by the City.
d.
Antennae
attached to a building or disguised antenna support structure shall
be of a color identical to or closely compatible with the surface
to which they are mounted.
e.
All
towers shall be surrounded by a minimum six (6) foot high decorative
wall constructed of brick, stone or comparable masonry materials and
a landscape strip of not less than ten (10) feet in width and planted
with materials which will provide a visual barrier to a minimum height
of six (6) feet. The landscape strip shall be exterior to any security
wall. In lieu of the required wall and landscape strip, an alternative
means of screening may be approved by the Director in the case of
a permitted use or use permitted by administrative permit, or by the
City Plan Commission in the case of a conditional use permit, upon
demonstration by the applicant that an equivalent degree of visual
screening will be achieved.
f.
All
towers shall be separated from any off-site single- or two-family
residential structure a distance equal to the height of the tower.
Towers on parcels adjacent to residentially zoned property shall meet
the setbacks of the applicable zoning district as are required for
a principal structure along the adjoining property line(s). Where
adjacent to non-residentially zoned property, tower shall maintain
setbacks as are required for accessory structures.
g.
Ground
anchors of all guyed towers, if permitted, shall be located on the
same parcel as the tower and meet the setbacks of the applicable zoning
district.
h.
Vehicle
or outdoor storage on any tower site is prohibited, unless otherwise
permitted by the zoning.
i.
On-site
parking for periodic maintenance and service shall be provided at
all antenna or tower locations consistent with the underlying zoning
district.
8.
Shared use.
a.
Prior
to the issuance of any permit to alter or modify any tower existing
on the effective date of this Chapter, the owner shall provide to
the City a written and notarized agreement committing to make said
tower available for use by others subject to reasonable technical
limitations and reasonable financial terms. The willful and knowing
failure of a tower owner to agree to shared use or to negotiate in
good faith with potential users shall be unlawful and shall, among
other remedies of the City, be cause for the withholding of future
permits to the same owner to install, build or modify antennae or
towers within the City.
b.
Prior
to the issuance of any permit to install, build or modify any tower,
the tower owner shall furnish the Director an inventory of all that
owner's towers in or within one-half (½) mile of the City limits
of Northwoods. The inventory shall include the tower's reference name
or number, the street location, latitude and longitude, structure
type, height, type and mounting height of existing antennae and an
assessment of available ground space for the placement of additional
equipment shelters.
c.
Any new tower approved at a height of six hundred fifty (650) feet AGL (Above Ground Level) or higher shall be designed and constructed to accommodate at least one (1) additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by Subsection (8)(a) shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the City.
d.
Any
new tower approved within a communication tower multi-use interest
area as designated by the map of the same title, shall be designed
and constructed to accommodate the number of users indicated by the
plan to the extent feasible. The willful and knowing failure of the
owners of a tower built for shared use to negotiate in good faith
with potential users shall be cause for the withholding of future
permits to the same owner to install, build or modify antennae or
towers within the City.
e.
Prior
to any application for the construction of a new tower or disguised
support structure, a copy of the application or a summary containing
the height, design, location and type and frequency of antennae shall
be delivered by certified mail to all known potential tower users
as identified by a schedule maintained by the Department of Planning.
Proof of such delivery shall be submitted with the application to
the City. The Director may establish a form required to be used for
such notifications. Upon request, the Director shall place on a list
the name and address of any user of towers or prospective user to
receive notification of applications. The Director shall, before deciding
on the application or forwarding it to the City Plan Commission for
consideration, allow all persons receiving notice at least ten (10)
business days to respond to the City and the applicant that the party
receiving notice be permitted to share the proposed tower or locate
within one (1) mile of such area. Where two (2) or more parties seek
to locate within one (1) mile of each other, or such other distance
as is demonstrated to the Director to be reasonable, the Director
shall designate such areas as a multi-use interest area on the map.
The failure of the receiving party to use this process or respond
to any such notice shall be considered cause for denying requests
by such party for new towers or structures.
f.
Any
party seeking shared use of a tower subject to this provision shall
after responding to notice of an application, negotiate with the applicant
for such use. The applicant may on a legitimate and reasonable business
basis choose between multiple requests for shared use on the same
tower or structure, and may reject any request where legitimate technical
obstacles cannot be reasonably overcome or where the party requesting
shared use will not agree to reasonable financial terms. Any party
believing that the applicant has breached its duty to negotiate in
good faith for shared use shall immediately notify the applicant and
the Director in writing. The Director may reject the application upon
a finding that shared use has been improperly denied. A notice of
breach of duty shall explain the precise basis for the claim and shall
be accompanied by payment of an administrative review fee of five
hundred dollars ($500.00) to the City to offset the cost of review.
After the applicant's receipt of the notice, the applicant shall have
ten (10) calendar days to provide a written submission to the Director
responding to the alleged violation of the shared use requirement.
If deemed necessary by the Director, he/she may engage, at the cost
of the party alleging the violation, a neutral, qualified technical
consultant to provide an opinion on feasibility or costs of the shared
use request. If the Director receives a notice alleging a violation
of the shared use requirement, the time for a decision on an administrative
permit is automatically extended for up to thirty (30) days until
the Director has determined that the applicant has complied. An application
for conditional use permit shall not be deemed complete for acceptance
until a decision on compliance is reached.
[Ord. No. 97-4 §1, 10-11-1997]
A.
The placement
as follows of antennae and towers are permitted in all zoning districts:
1.
The
attachment of additional or replacement of antennae or shelters to
any tower existing on the effective date of this Chapter or subsequently
approved in accordance with these regulations, provided that additional
equipment shelters or cabinets are located within the existing tower
compound area.
2.
The
mounting of antennae on any existing building or structure such as
a water tower, provided that the presence of the antennas is concealed
by architectural elements or satisfactorily camouflaged by painting
a color identical to the surface to which they are attached.
3.
The
mounting of antennae on or within any existing high-voltage electric
transmission tower, but not exceeding the height of such tower by
more than ten (10) feet.
4.
The
installation of antennae or the construction of a tower or support
structure on buildings or land owned by the City following the approval
of a lease agreement by the Board of Aldermen.
[Ord. No. 97-4 §1, 10-11-1997; Ord. No. 04-02 §1, 4-27-2004]
A.
The placement
as follows of antenna and towers are permitted in all zoning districts
only by administrative permit approved by the Director:
1.
The
attachment of additional or replacement antennae or shelters to any
tower existing on the effective date of this Chapter or subsequently
approved in accordance with these regulations and requiring the enlargement
of the existing tower compound area as long as all other requirements
of this Section and the underlying zoning district are met.
2.
The
one-time placement of any tower existing on the effective date of
this Chapter or subsequently approved in accordance with these regulations
so long as the purpose of the replacement is to accommodate shared
use of the site or to eliminate a safety hazard. The new tower shall
be of the same type as the original except that a guyed or self-supporting
(lattice) tower may be replaced by a monopole. If the guyed or lattice
tower to be replaced is one hundred eighty (180) feet or less in height,
it shall only be replaced with a monopole. The height of the new tower
may exceed that of the original by not more than twenty (20) feet.
Subsequent replacements shall require the approval of a conditional
use permit.
3.
The
construction of a disguised support structure provided that all related
equipment shall be placed underground or concealed within the structure
when the structure is located in any district other than a district
authorizing industrial uses. Equipment may be placed in a cabinet
if the disguised support structure is incidental to an industrial,
commercial, institutional or other non-residential use.
4.
The
placement of dual polar panel antennae on wooden or steel utility
poles not to exceed forty (40) feet in height provided that all related
equipment is contained in a cabinet.
5.
Towers
erected and maintained for a period of not to exceed thirty (30) days
for the purpose of replacing an existing tower, testing an existing
or proposed network, or special events requiring mobile towers.
B.
Application Procedures. Applications for administrative
permits shall be made on the appropriate forms to the Director and
accompanied by payment of a five hundred dollar ($500.00) non-refundable
application fee.
1.
A detailed
site plan, based on a closed boundary survey of the host parcel, shall
be submitted indicating all existing and proposed improvements including
buildings, drives, walkway, parking areas and other structures, public
rights-of-way, the zoning categories of the subject and adjoining
properties, the location of and distance to off-site residential structures,
required setbacks, required buffer and landscape areas, hydrologic
features, and the coordinates and height AGL of the existing or proposed
tower.
2.
The
application shall be reviewed by the Department of Planning to determine
compliance with the above standards and transmit the application for
review and comment by other departments and public agencies as may
be affected by the proposed facility.
3.
The
Director shall issue a decision on the permit within forty-five (45)
days of the date of application or the application shall be deemed
approved unless the time period for review and action was extended.
The Director may deny the application or approve the application as
submitted or with such modifications as are, in his/her judgment,
reasonably necessary to protect the safety or general welfare of the
citizens consistent with the purpose of this Section. The Director
may consider the purposes of this Section and the factors established
herein for granting a conditional use permit as well as any other
considerations consistent with this Chapter. A decision to deny an
application shall be made in writing, and state the specific reasons
for the denial.
4.
Appeals. Appeals from the decision of the Director shall
be made in the same manner as otherwise provided for the appeal of
administrative decisions.
[Ord. No. 97-4 §1, 10-11-1997]
A.
All proposals to install, build or modify an antenna or support structure not permitted by Section 430.050 or 430.060 above, shall require the approval of a conditional use permit following a duly advertised public hearing by the City Plan Commission.
1.
Applications
for conditional use permits shall be filed and processed. A decision
by the Commission shall be 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.
2.
Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantive evidence that placement of an antenna or support structure pursuant to Section 430.050 (Permitted Uses) or Section 430.060 (Administrative Permits) of this Chapter is not technologically or economically feasible. The City Plan Commission may consider current or emerging industry standards and practices, among other information, in determining feasibility.
3.
Finding required. In addition to the determinations or limitations
specified herein and by other Sections of current Northwoods ordinances
for the consideration of conditional use permits, the Commission shall
also base its decision upon, and shall make findings as to, the existence
of the following conditions:
a.
The
proposed tower is not and cannot be located within a communications
tower multi-use interest area as designated by such map, or if so
located, meets the co-location requirements of this Section.
b.
No
existing towers, structures or buildings within the necessary geographic
area for the applicant's tower meet the applicant's necessary engineering
requirements considering:
(1)
Height,
(2)
Structural strength,
(3)
Resulting signal interference,
(4)
Feasibility of retrofitting,
(5)
Feasibility of redesigning the applicant's tower network, or
(6)
Other limiting conditions that render towers, structures or buildings
within the applicant's required geographic area unsuitable.
c.
The
design of the tower or structure, including the antennae, shelter
and ground layout maximally reduces visual degradation and otherwise
complies with provisions and intent of this Section. New towers shall
be of a monopole design, unless it is shown that an alternative design
would equally or better satisfy this provision.
d.
The
proposal minimizes the number and/or size of towers or structures
that will be required in the area.
e.
The
applicant has not previously failed to take advantage of reasonably
available shared use opportunities or procedures provided by this
Chapter or otherwise.
f.
No
land owned by any agency of the Federal or State Government, or by
any political subdivision of the State, is available for locating
the structure or tower.
|
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If any one (1), but not more than one (1), of the first (1st)
six (6) determinations is not satisfied, approval may be granted only
on a finding of unique circumstances otherwise necessitating approval
to satisfy the purposes of this Section.
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4.
Additional limitations.
a.
No
tower shall be approved at a height exceeding one hundred fifty (150)
feet AGL unless the applicant clearly demonstrates that such height
is required for the proper function of the applicant's system or that
of a public safety communications system of a governmental entity
sharing the tower. Such showing must also be supported by the opinion
of a telecommunications consultant hired by the City at the expense
of the applicant. The opinion of the consultant shall include a statement
that no available alternatives exist to exceeding the height limit
or the reason why such alternatives are not viable.
b.
If
the City has by order agreed to participate in a multi-municipality
commission to coordinate new tower or structure applications, an application
made pursuant to this Section shall also be submitted to such Commission
simultaneous with the filing of the request with the City. The City
Plan Commission may consider any comments from such commission but
shall not allow a delay in receiving such comments to significantly
delay a decision on the conditional use permit.
[Ord. No. 97-4 §1, 10-11-1997]
Any upper portion of a tower which is not occupied by active
antennae for a period of twelve (12) months, and any entire tower
which is not so occupied for a period of six (6) months, shall be
removed at the owner's expense. Removal of upper portions of a tower
manufactured as a single unit shall not be required. Failure to comply
with this provision shall constitute a nuisance that may be remedied
by the City at the tower or property owner's expense. Any applicant
for a new tower or disguised structure not built as disguised part
of another existing or permitted structure shall place a bond or other
security with the City prior to any final approval for the purpose
of removing any tower or disguised structure as required herein and
to compensate the City for performing proper maintenance of such towers
or disguised structures to ensure such structures do not become unsafe
or otherwise fail to comply with the requirements of this Section.
The bond or security shall be in the form approved by the Director,
and in the amount of fifteen thousand dollars ($15,000.00) or such
other amount as is determined by the Director to satisfy the requirements
hereof with regard to the specific tower or structure to which it
would apply.
[Ord. No. 97-4 §1, 10-11-1997]
Notwithstanding any right that may exist for a governmental
entity to operate or construct a tower or structure, it shall be unlawful
for any person to erect or operate for any private commercial purpose
any new antenna, tower or disguised support structure in violation
of any provision of this Chapter, regardless of whether such antenna
or structure is located on land owned by a governmental entity.
[Ord. No. 97-4 §1, 10-11-1997]
Any person violating these provisions shall be subject to a
fine of not more than one thousand dollars ($1,000.00) or three (3)
months in Jail or both. Each day the violation continues shall constitute
a separate offense.
