[Ord. No. 5814 §1(32.1), 4-27-2004]
A.
These
regulations supplement the district regulations contained elsewhere
in this Chapter. Unless otherwise stated, the regulations hereafter
established shall apply within all districts established by this Chapter.
B.
The
purposes of this Article are to:
1.
Provide for the appropriate location and development of antenna facilities
to serve the City's residents and businesses;
2.
Minimize adverse visual impacts of antenna facilities through design,
siting and screening techniques; and
3.
Maximize the use of existing and new antenna facilities so as to
minimize the need to construct new or additional facilities.
[Ord. No. 5814 §1(32.2), 4-27-2004]
A.
Permitted Uses, No Building Permit Required.
B.
Building Permits Required, When—Application.
1.
Building and any other necessary construction permits shall be required
for the construction or installation of any home antenna or satellite
dish, as follows:
2.
An application for a building permit shall be filed with the Building
Official and shall include, among other information that may required,
the following:
C.
Special Antenna Permits Required, When. In addition to building permits, a special antenna permit as provided in Section 405.3730 shall be required for any satellite dish that exceeds two (2) meters (seventy-eight and seventy-four hundredths (78.74) inches) in diameter.
D.
Regulations For Home Antennas And Non-Commercial Satellite Dishes. The following regulations apply to all home antennas and satellite
dishes:
1.
Home antennas and satellite dishes shall be a neutral color and shall
not be bright, reflective or metallic. Black, gray and tan shall be
considered neutral colors, as shall any color that blends with the
surrounding dominant color and helps to camouflage the proposed antenna.
2.
Home antennas and satellite dishes shall be located on the site area
in such a manner as to eliminate visibility from the public streets
or shall be screened from view from the public streets. Screening
materials may consist of walls, fences, buildings, mature plant materials
or other appropriate items. Screening materials shall be maintained
and replaced as needed.
3.
Ground-mounted home antennas and satellite dishes shall be located
only in the rear yard portion of any lot and shall be subject to a
setback of five (5) feet from any lot line.
4.
No advertising of any form shall be permitted on any part of a home
antenna or satellite dish, except for not greater than a six (6) inch
square area displaying the manufacturer's or distributor's name.
5.
In single-family and two-family residential zones, no more than one
(1) home antenna or satellite dish may be located on any one (1) site.
6.
In multiple-family residential zones, no more than one (1) home antenna
or satellite dish may be located on any site area with less than ten
(10) units and no more than two (2) home antennas or satellite dishes
may be located on any site area with ten (10) or more units.
7.
All wiring to and from a ground-mounted home antenna or satellite
dish located more than five (5) feet from the nearest building shall
be underground.
8.
No home antenna or satellite dish shall be erected so as to injure
the roof covering and when removed from the roof, the roof covering
shall be repaired to maintain weather and water tightness. The installation
of a home antenna or satellite dish mounted on a building shall not
be erected nearer to the lot line than the total height of the facility
above the roof, nor shall such facility be erected near electric power
lines or encroach upon any street or other public space.
9.
Home antennas and satellite dishes shall be designed, erected and
maintained in accordance with the City's Building Code and all other
applicable State or local codes.
E.
Limitation On Regulations. Except as may be necessary to
ensure public health and safety, the home antenna and satellite dish
regulations shall not be applied so as to:
[Ord. No. 5814 §1(32.3), 4-27-2004]
A.
Permitted Uses (No Building Permit Required). Commercial
antennas and associated support structures shall be permitted in non-residential
zoning districts, governmental facilities and university campuses.
No building permit shall be required for the following type of commercial
installations:
B.
Building Permit And Special Antenna Permit Required, When—Application. Building permits and special antenna permits, pursuant to Section 405.3730, shall be required for the construction, installation or modification of any facility which exceeds the requirements in Subsection (A) above. An application for a special antenna permit shall include all requirements for a building permit application and shall be filed in lieu of such application.
C.
General Regulations, Commercial Antennas And Antenna Support Structures. The following regulations apply to all commercial antennas and antenna
support structures:
1.
Commercial antennas and antenna support structures shall be located
on the site area or structure in such a manner as to eliminate visibility
from the public streets and shall be screened from view from the public
streets and adjacent properties/structures. Screening materials may
consist of walls, fences, buildings, mature plant materials or other
appropriate items. Screening materials shall be maintained and replaced
as needed.
2.
Commercial antennas and antenna support structures shall be a neutral
color and shall not be bright, reflective or metallic. Black, gray
and tan shall be considered neutral colors, as shall any color that
blends with the surrounding dominant color and helps to camouflage
the proposed equipment.
3.
Ground-mounted commercial antennas shall be located only in the rear
yard portion of any lot and shall be subject to a setback of five
(5) feet from any lot line.
4.
No advertising of any form shall be permitted on any part of an antenna,
except for not greater than a six (6) inch square area displaying
the manufacturer's or distributor's name.
5.
All wiring to and from ground-mounted antennas located more than
five (5) feet from the nearest building shall be underground. All
wiring to and from any commercial antenna running along an elevation
shall be fully concealed or screened.
6.
No commercial antenna shall be erected so as to injure the roof covering
and when removed from the roof, the roof covering shall be repaired
to maintain weather and water tightness. The installation of any commercial
antenna mounted on a building shall not be erected nearer to the lot
line than the total height of the antenna above the roof, nor shall
such antenna be erected near electric power lines or encroach upon
any street or other public space.
7.
Antennas shall be designed, erected and maintained in accordance
with the City's Building Code and all other applicable State or local
codes.
D.
Specific Regulations, Commercial Antennas And Antenna Support Structures.
1.
Height. The height of commercial antennas and antenna support structures shall not exceed the building height limits of the subject zoning district unless a different height is authorized because of co-use pursuant to Subsection (D)(9)(c) hereof or because of a determination of the Architectural Review Board based on a clear showing that such height is required to provide personal wireless services or reasonably required for public safety communications of a governmental entity sharing the facility. Such showing shall 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 limitations or the reasons why such alternatives are not viable.
2.
Regulatory compliance. All commercial antennas and
antenna support structures shall meet or exceed current standards
and regulations of the FCC and any other State or Federal agency having
regulatory jurisdiction. Should such standards or regulations be amended,
then the owner shall bring antennas and structures into compliance
with the revised standards or regulations within six (6) months of
the effective date of the revision unless an earlier date is mandated
by the controlling agency.
3.
Security. All commercial antennas and antenna support
structures shall be protected from unauthorized access by appropriate
security devices. A description of proposed security measures shall
be provided as part of any special antenna permit application to install,
build or modify telecommunications antennas, towers or support structures.
4.
Lighting. Commercial antennas and antenna support
structures shall not be lighted unless required by the FAA or other
State or Federal agency having regulatory jurisdiction, in which case
a description of the required lighting scheme will be made a part
of the special antenna permit application to install, build or modify
the telecommunications antennas, towers or support structures.
5.
Advertising. Unless a disguised support structure
is in the form of an otherwise lawfully placed pylon sign, the placement
of advertising on such antennas or structures is prohibited, except
for displaying the manufacturer's or distributor's name in an area
not greater than six (6) square inches.
6.
Occupancy and storage. Human occupancy for office
or other uses or the storage of other materials and equipment not
in direct support of the connected disguised commercial antenna or
antenna support structure is prohibited.
7.
Design. Commercial antennas shall have stealth installations
so that they are fully screened or not visible or not recognizable
as such antennas and antenna support structures other than buildings
shall be disguised support structures, so that each such facility
is consistent with the natural or built environment of the site.
a.
Shelters or cabinets shall have an exterior finish compatible with
the natural or built environment of the site and may also be brick
or other masonry material as may be required.
b.
Commercial antennas attached to a building or a disguised antenna
support structure shall be fully screened and not visible or not recognizable
as a commercial antenna.
8.
Site requirements.
a.
All commercial antennas and antenna support structures must be located
within a non-residentially zoned district and are prohibited from
all residential districts.
b.
Street level floor areas shall not be occupied principally for the
placement of cabinets or shelters or for the storage, warehousing
or operation of commercial antennas or antenna support structures.
9.
Co-use.
a.
Prior to the issuance of any special antenna permit or building permit,
the applicant shall submit a notarized statement agreeing to make
the proposed antenna support structure available for use by others,
subject to reasonable technical limitations and financial terms.
b.
Prior to the issuance of any special antenna permit or building permit,
the applicant shall furnish an inventory of all known antenna support
structures sites located in or within one-half (½) mile of
the City limits that could be used for the applicant's antenna attachment.
The inventory shall identify the owner of the facility, its type and
reference name or number and the street location, latitude and longitude,
height, type and mounting height of existing antennas and an assessment
of available space for the placement of additional antennas, shelters
and/or cabinets. The applicant shall further demonstrate why co-use
on the identified facilities is inappropriate or was otherwise not
allowed.
c.
Commercial antennas and antenna support structures may be installed, constructed or modified so as to exceed the height limitations provided in Subsection (D)(1) hereof to accommodate co-use. The City may also require the applicant of new construction to exceed the applicable limitation, regardless of whether a co-user is immediately available to share space with the applicant.
d.
Any new antenna support structure at least one hundred (100) feet
in height shall be designed and constructed to accommodate at least
one (1) co-user.
e.
The willful and knowing failure of an applicant to agree to co-use
or to negotiate in good faith with potential co-users may be cause
for either the denial of a pending application, the revocation of
an existing special antenna permit or the withholding of future permits.
10.
Maintenance. All commercial antennas and antenna
support structures shall be maintained and improved to remain in the
condition in which they were approved.
11.
Removal. If any commercial antenna or antenna support
structure is not used or is inactive for a period of one (1) year,
it shall be considered a nuisance and be removed at the owner's expense.
The owner shall provide the City with a copy of any notice to the
FCC of intent to cease operations and shall have ninety (90) days
from the date of ceasing operations to remove the antenna, structure
and any related facilities. If the owner fails to do so the facilities
may be deemed a public nuisance and be removed at the owner's expense.
[Ord. No. 5814 §1(32.4), 4-27-2004]
A.
Permit Required—Application.
1.
The construction and installation of all proposed satellite dishes that exceed the limitations prescribed in Section 405.3710(A)(2) and the construction, installation and modification of all commercial antennas and antenna support structures as provided in Section 405.3720 shall require a special antenna permit approved by the Architectural Review Board.
2.
Applications for special antenna permits shall be made to the Architectural Review Board as provided in Article III of Chapter 400, Section 400.170 and shall be accompanied by payment of a fee as required by the fee schedule approved by the Board of Aldermen. Prior to filing an application the applicant shall meet with the Director to determine the information to be required in support of the application.
3.
Special antenna permit applications shall be accompanied by detailed construction and installation plans and proof of compliance with Section 405.3710(D), for satellite dishes and Sections 405.3720(C) and 405.3720(D) for commercial antennas and antenna support structures. In addition, the Director may require a detailed site plan based on a closed boundary survey of the host parcel, indicating:
a.
All existing and proposed improvements, including buildings, drives,
walkway, parking areas and other structures,
b.
The location of trees on such parcel,
c.
The general location of the improvements on all adjoining properties,
d.
Public rights-of-way, the zoning categories of the host parcel and
adjoining properties, the location of buffer and landscape areas,
hydrologic features and the coordinates and height of the proposed
facility,
e.
Any statements or information required by this Article, and
f.
Such other information as the Director deems appropriate.
4.
Applications for a special antenna permit shall be made in lieu of
a building permit application and the Building Official shall determine
the issuance of a building permit based on the application for a special
antenna permit.
B.
Criteria For Special Antenna Permit Approval. The Architectural
Review Board shall consider the evidence submitted with the special
antenna permit application as well as additional information presented
by the applicant or others. Before approving a special antenna permit
for a commercial antenna or antenna support structure, the Board shall
consider and determine the following, as may be applicable, based
on the evidence submitted:
1.
Whether existing antenna support structures are located within the
geographic area necessary to meet the applicant's engineering requirements.
2.
Whether existing antenna support structures within the applicant's
required geographic area are of sufficient height to meet system engineering
requirements.
3.
Whether existing antenna support structures have sufficient structural
strength to support the applicant's proposed commercial antenna and
required screening.
4.
Whether the proposed commercial antenna would experience or cause
signal interference with other telecommunication facilities.
5.
Whether the fees, costs or other contractual terms required by the
owners of existing antenna support structures within the required
geographic area of the applicant, or to retrofit the existing structures,
are reasonable.
6.
Whether or not there are other limiting conditions that render existing
antenna support structures within the applicant's required geographic
area unsuitable.
7.
Whether the design of the commercial antenna or antenna support structure
maximally reduces visual degradation of the building.
8.
Whether the design of the commercial antenna or antenna support structure
maximally reduces visual degradation of the skyline.
9.
Whether the proposed commercial antenna or antenna support structure
minimizes the number and size of similar facilities that will be required
in the geographic area surrounding the proposed site.
