[Added 3-6-2012 by Ord. No. 12-01]
A.
The provisions of this article are to promote the general health,
safety and welfare of the citizens in the community by addressing
possible impacts of wireless infrastructure. Possible impacts include,
but are not limited to, safety considerations related to the construction
of wireless communication towers; the introduction of a commercial
use in residential areas; aesthetic considerations such as height,
visual, color and camouflaging issues; adjacency to historic or other
culturally significant districts; environmental and wildlife considerations;
and other similar considerations.
(1)
The purpose of this article also is to establish regulations
for the siting of wireless communications towers and antennas in order
to:
B.
Authority is granted to the governing body of cities and towns by
Wyoming Statutes § 15-1-601 to regulate and restrict the
height, location and size of buildings and other structures for the
public health, safety and welfare of its citizens.
C.
The Planning and Development Department is authorized to request
any supporting documentation or information in conjunction with applications
filed for a permit to be issued pursuant to this article.
The following definitions shall apply in the interpretation
and enforcement of this article:
An alternative design for mounting antennas on other than
a monopole, guy tower or lattice tower, such as a clock tower, flagpole,
artificial tree, light pole or similar feature. Said alternative design
is for the purpose of making the antennae support structure blend
in with the surrounding environment.
Any exterior transmitting and/or receiving wireless communication
device used exclusively by commercial entities mounted on a tower,
building or structure and used in communications which is authorized
by the Federal Communications Commission. Antennas used by amateur
radio operators are excluded from this definition.
Vertical distance from the finished grade of the lot or parcel
at the base of the antenna support structure to the highest point
on the structure, including the highest antenna.
Any building, tower or structure used to support a wireless
telecommunications antenna. The term includes, but is not limited
to, radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative design structures and
any tower support.
An entity that provides wireless telecommunications services.
This definition shall also include companies that build telecommunications
towers and lease tower space to carriers.
Colocation is the addition of an antenna(s) on an existing
antenna support structure which does not require height modifications
to the existing support structure or site modifications outside of
the existing support structure footprint and which will not exceed
the maximum antenna height limitations set forth herein for the zoning
district. An addition to an existing support structure for colocation
shall be constructed to minimize the visual impact of the addition
to the existing antenna support structure.
The structure in which the electronic receiving and relay
equipment for a wireless telecommunications facility is housed.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes,
but is not limited to, radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers and alternative
design structures.
The technology which enables information to be exchanged
through the transmission of voice, video or data signals by means
of electrical or electromagnetic systems and without the use of wires,
cables or other similar transmission facilities.
The following regulations shall apply to the construction and
installation of all antenna support structures regardless of the zoning
district in which they are located:
A.
No permit required for colocation. A carrier may collocate an antennae
without obtaining a permit from the City if the antenna height does
not exceed the maximum antenna height limitations set forth herein
for the zoning district.
B.
Permit required for new antennae support structure. A carrier shall
not locate, construct or install a antenna support structure without
first obtaining a permit from the Planning and Zoning Department of
the City of Evanston. All carriers shall pay the City a permit fee
for the review and approval of the antenna support structure permit
in the amount set forth in the annual budget resolution.
C.
Application and site plan required. Carriers desiring to locate,
construct or install a new antenna support structure shall submit
an application to the City on forms provided by the Planning and Development
Department which shall include a site plan. The site plan shall be
a drawing or page depicting all buildings located within 300 feet
of the proposed structure, as well as an overlay of the zoning for
the property and all properties located within 300 feet. The property
owner of the site shall be required to sign and consent to the application.
D.
Colocation. applicants shall also provide an exhibit showing all
existing antenna support structures located within 1,500 feet of the
proposed new antennae support structure. The applicant shall inquire
about potential colocation at all technically feasible locations within
the one-thousand-five-hundred-foot radius and shall provide written
proof of said inquiries, as well as responses received. Colocation
on an existing antenna support structure is a permitted use in any
zoning district.
E.
Aesthetics. The applicant shall describe all steps and measures which
will be taken to minimize the visual impact of a new wireless telecommunications
antenna support structure. Whenever possible, applicants shall utilize
alternative design structures in order to minimize impacts of new
support structures on existing viewsheds.
F.
Equipment buildings/cabinets. Equipment buildings/cabinets shall not exceed 325 square feet in residential zoning districts. In other zoning districts, the total size of all equipment buildings/cabinets shall not exceed 1,300 square feet. This will encourage and accommodate colocation. The applicant may apply for a conditional use permit to exceed the size limitations for equipment buildings/cabinets from the Planning and Zoning Commission pursuant to Articles II and V of this chapter of the City Code. Equipment buildings/cabinets shall complement the exterior appearance of any other existing principal or accessory structure located on the site.
G.
Advertising and lighting. No advertising shall be permitted anywhere
on the telecommunications facility other than identification signage.
Except as required by the FCC or the FAA, or for security or public
safety purposes, lights or other illumination shall not be permitted
on a telecommunications facility.
H.
Compliance with building code and fencing. The applicant shall certify that it will comply with all of the applicable requirements of Chapter 7, Buildings, of the Evanston City Code including but not limited to obtaining a building permit for all of the improvements to be placed on the site. Fencing of the site shall comply with § 24-22 of the Evanston City Code.
I.
Space for colocation. All new antenna support structures with a height
of 35 feet to 50 feet shall be structurally built for a minimum of
two colocators. All new antenna support structures with a height of
50 feet to 65 feet shall be structurally built for a minimum of three
colocators. All new antenna support structures with a height of 65
feet to 100 feet shall be structurally built for a minimum of four
colocators.
J.
Department decision. The Planning and Development Department shall
act on any application for a permit within a reasonable period of
time after the application is duly filed. The FCC has issued a ruling
declaring that a reasonable period of time presumptively would be
90 days for applications requesting colocation and 150 days for all
other applications. In addition the FCC concluded that if an applicant
submits an incomplete application, the time it takes for the applicant
to respond to the government's request for additional information
would not count towards the ninety- or one-hundred-fifty-day time
frame if the government notified the applicant that the application
was incomplete within 30 days of receiving the application.
K.
Appeal to Board of Adjustment. A decision by the Planning and Development
Department to deny an application for a permit under this article
shall be in writing and supported by substantial evidence contained
in the written record. A decision to deny an application by the Planning
and Development Department may be appealed by the applicant to the
Board of Adjustment, which, after hearing the evidence, may affirm,
modify or reverse the decision of the Department.
Antenna support structures are permitted in the Business/Light
Manufacturing, Industrial, Open Space, and Agricultural Zoning Districts
if the structure complies with the general provisions set forth above
and the requirements set forth below.
B.
If the antenna support structure is to be an accessory structure
on a lot or parcel:
(1)
The existing use on the lot or parcel must be permitted, conditionally
permitted or a lawful nonconforming use; and
(2)
The antenna support structure and equipment building/cabinet
shall comply with the setback requirements associated with the zoning
district; and
(3)
The maximum antenna height shall not exceed 80 feet.
C.
If the antenna support structure is to be attached to an existing
structure or building, the maximum antenna height shall not exceed
15 feet above the existing height of the structure or building. If
not located in the building, the equipment building/cabinet shall
comply with the setback requirements of the zoning district and its
appearance shall complement the exterior appearance of the building
or the existing structure located on the site.
Antenna support structures are permitted in the Community Business,
Highway Business, Regional Business and Public Zoning Districts if
the structure complies with the general provisions set forth above
and the requirements set forth below.
B.
If the antenna support structure is to be an accessory structure
on a lot or parcel:
(1)
The existing structure on the lot or parcel must be permitted,
conditionally permitted or a lawful nonconforming structure; and
(2)
The antenna support structure and equipment building/cabinet
shall comply with the setback requirements associated with the zoning
district; and
(3)
The maximum antenna height shall not exceed 50 feet.
C.
If the antenna support structure is to be attached to an existing
structure or building, the maximum antenna height shall not exceed
15 feet above the existing height of the structure or building. If
not located in the building, the equipment building/cabinet shall
comply with the setback requirements of the zoning district and its
appearance shall complement the exterior appearance of the building
or the existing structure located on the site.
Antenna support structures are permitted in the Transitional,
Office and Neighborhood Business Zoning Districts if the structure
complies with the general provisions set forth above and the requirements
set forth below.
B.
If the antenna support structure is to be an accessory structure
on a lot or parcel:
(1)
The existing structure on the lot or parcel must be permitted,
conditionally permitted or a lawful nonconforming use; and
(2)
The antenna support structure and equipment building/cabinet
shall comply with the setback requirements associated with the zoning
district; and
(3)
The maximum antenna height shall not exceed 35 feet.
C.
If the antenna support structure is to be attached to an existing
structure or building, the maximum antenna height shall not exceed
15 feet above the existing height of the structure or building. If
not located in the building, the equipment building/cabinet shall
comply with the setback requirements of the zoning district and its
appearance shall complement the exterior appearance of the building
or the existing structure located on the site.
Antenna support structures may be conditionally permitted in
Residential zoning districts if the structure complies with the general
provisions set forth above and the requirements set forth below.
A.
The applicant shall provide written evidence demonstrating that it
is not technically feasible to locate a needed antenna support structure
in a zoning district other than a residential zoning district.
D.
If the antenna support structure is to be an accessory structure
on a lot or parcel:
(1)
The existing use on the lot or parcel must be permitted, conditionally
permitted or a lawful nonconforming use; and
(2)
The antenna support structure shall be located in the rear or
side yard of the lot or parcel; and
(3)
The antenna support structure and the equipment building/cabinet
shall comply with the setback and height requirements associated with
the zoning district; and
(4)
The maximum antenna height shall not exceed 35 feet.
E.
If the antenna support structure is to be attached to an existing
structure or building, the maximum antenna height shall not exceed
35 feet. If not located in the building, the equipment building/cabinet
shall comply with the setback requirements of the zoning district
and its appearance shall complement the exterior appearance of the
building or the existing structure located on the site.
A.
The carrier or permittee of an antenna support structure shall have
a duty to notify the City Planning Department of the discontinued
use of an antenna support structure. Said notification shall include
contact name and phone number for the party responsible for the support
structure and the date of discontinuance.
B.
Discontinued use of antenna support structure for more than 180 days
following notice shall result in the support structure being officially
designated as abandoned. The City shall notify the carrier/permittee
of said abandoned designation in writing. The carrier/permittee shall
have 180 days from the date of the City's notice of abandoned designation
to dismantle or reactivate the antenna support structure.
C.
Failure to dismantle/reactivate the antenna support structure within
180 days of the date of notice of abandoned designation shall be grounds
for the City to dismantle the antennae support structure. The City
may assess costs associated with dismantling the antennae support
structure to the carrier/permittee or other responsible party.
Any person who violates any provision of this article will be
deemed guilty of a misdemeanor, punishable pursuant to the general
penalty provision of the City Code.[1] Each day a violation continues will be deemed a separate
offense.
