[Ord. No. 111808 §1(400-804), 11-18-2008]
Based upon the Communications Act of 1934, as amended by the
Telecommunications Act of 1996 (Act) grants the Federal Communications
Commission (FCC) exclusive jurisdiction over certain aspects of telecommunication
services. This Division is intended to regulate towers, telecommunications
facilities and antennas in the City in conformance with the Act without
prohibiting or tending to prohibit any person from providing wireless
telecommunication service.
[Ord. No. 111808 §1(400-804.1), 11-18-2008]
All terms in this Division, which are not specifically defined
herein, shall be construed in accordance with the Communications Act
of 1934, the Telecommunications Act of 1996 and the rules and regulations
of the Federal Communications Commission (FCC). As used in this Division,
the following terms shall have the following meanings:
American National Standards Institute.
Any exterior transmitting, reception or receiving device
mounted on a tower, building or freestanding structure and used in
transmission or reception of electromagnetic waves, digital signals,
analog signals, radio frequencies (excluding radar signals), wireless
telecommunication signals or other communication signals.
A grouping of antennas that encompasses both transmitter(s)
and receiver(s) of a single wireless telecommunication provider.
Any building or structure other than a tower which can be
used for location of telecommunications facilities.
Federal Aviation Administration.
Federal Communications Commission.
An antenna consisting of a radiation element intended for
transmitting or receiving television, radio, microwave or radiation
signals and supported by a structure with or without a reflective
component to the radiating dish, usually circular in shape.
Any telecommunications facility, tower or antenna which is
designed to enhance compatibility with adjacent land uses, including,
but not limited to, architecturally screened roof-mounted antennas,
antennas integrated into architectural elements and towers designed
to look other than a tower, such as light poles, power poles and trees.
Support buildings, boxes, cabinets or similar structures
containing electrical or mechanical equipment and developed for the
reception or transmission of electromagnetic waves, digital signals,
analog signals, radio frequencies (excluding radar signals), wireless
telecommunication signals or other communication signals.
Any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennas, including
self-supporting lattice towers, guyed towers or monopole towers. The
term also includes radio and television transmission towers, microwave
towers, cellular telephone towers, alternative tower structures and
other similar structures. The term includes the structure and any
support thereto.
The distance measured from the grade level at the base of
the tower to the highest point on the tower, including any antenna
mounted on the tower.
[Ord. No. 111808 §1(400-804.2), 11-18-2008]
A.
Wireless
telecommunication towers and antennas shall be regulated pursuant
to this Division and not regulated as an essential service, public
utility or private utility.
B.
Exceptions. This Division shall apply to all towers and
antennas except the following:
1.
Individually owned residential receive-only antennas.
2.
Satellite receiving dishes not larger than five (5) feet in diameter
(see accessory structures).
3.
Existing or new public safety structures necessary for broadcast
of emergency communications or warning sirens operated by governmental
subdivisions.
[Ord. No. 111808 §1(400-804.3), 11-18-2008]
A.
No
tower or associated support facilities shall be constructed, except
in conformance with this Division.
B.
Applicants
proposing to construct a tower higher than allowed herein may apply
for a height variance to be approved by the Zoning Board of Adjustment.
C.
Guy
wires and other support facilities shall conform to the setback requirements
for the underlying zoning district.
D.
Towers
are prohibited within historic districts and within one thousand (1,000)
feet of a historic district.
[Ord. No. 111808 §1(400-804.4), 11-18-2008]
A.
Towers
shall be permitted conditional uses of land in only those zoning districts
where specifically listed and authorized in this regulation.
B.
No
person shall develop, construct, modify or operate a tower upon any
tract of land within the zoning jurisdiction of the City prior to
approval of its application for a tower development permit by the
Board of Aldermen and issuance of the permit by the City. Applicants
shall submit their application for a tower development permit to the
City Planner and shall pay the appropriate filing fee.
C.
All
towers, telecommunications facilities and antennas on which construction
has commenced within the zoning jurisdiction of the City after the
effective date of this regulation shall conform to the Building Codes
and all other construction standards set forth by the City, County,
Federal and State law and applicable ANSI standards. Upon completion
of construction of a tower and prior to the commencement of use, an
engineer's certification that the tower is structurally sound and
in conformance with all of the aforementioned applicable regulatory
standards shall be filed with the City Planner.
[Ord. No. 111808 §1(400-804.5), 11-18-2008]
A.
Prior
to commencement of development or construction of a tower, an application
and required application fee shall be submitted to the City Planner
for a tower development permit and shall include the following:
1.
Name, address and telephone number of the owner and, if applicable,
the lessee of the tract of land upon which the tower is to be located.
Applicants shall include the owner of the tract of land and all persons
having an ownership interest in the proposed tower. The application
shall be executed by all applicants.
2.
The legal description and address of the tract of land on which the
tower is to be located, as well as an analysis of the area, including
topographic data and any existing or proposed easements.
3.
The names, addresses and telephone numbers of all owners of other
towers or useable antenna support structures within a one (1) mile
radius of the proposed tower, including publicly and privately owned
towers and structures.
4.
An affidavit attesting to the fact that the applicant has made diligent
but unsuccessful efforts to obtain permission to install or collocate
the applicant's telecommunications facilities on a tower or useable
antenna support or written technical evidence from an engineer that
the applicant's telecommunications facilities cannot be installed
or collocated on another tower or useable antenna support structure.
5.
Written technical evidence from an engineer that the proposed tower
and foundation will meet the established Building Code and all other
applicable construction standards of the City, as well as Federal
and State and ANSI standards.
6.
Color photo simulations showing the proposed location of the tower
with a photo-realistic representation of the proposed tower as it
would appear viewed from the nearest residentially used and/or zoned
property and nearest roadway, street or highway.
7.
Descriptions and diagrams of the proposed tower, telecommunications
facilities and/or antenna, manufacturer's literature, appurtenances
such as buildings, driveways, parking areas and fences or other security
enclosures with significant detail to allow persons reviewing the
application to understand the kind and nature of the proposed facility.
8.
A performance bond in the amount of fifty thousand dollars ($50,000.00)
for the removal and disposal of the tower.
[Ord. No. 111808 §1(400-804.6), 11-18-2008]
A.
Antennas
and their essential support facilities shall be allowed as a permitted
use in any zoning district subject to the following:
1.
A simple site plan shall be submitted for each antenna or antenna
array providing the following information:
2.
Mounting location of proposed antenna or antenna array on host structure.
3.
Description of antenna or antenna array height and width, including
a photo (if available) or other visual representation.
4.
Proof of ownership of the proposed site or authorization to utilize
it.
5.
The antenna does not extend more than thirty (30) feet above the
highest point of the host structure.
6.
Antennas may be mounted on non-residential structures including,
but not limited to, existing towers, traffic signals, street lights,
water towers, billboards, telephone tower and emergency signal poles,
bridges and parking deck structures.
7.
Antennas or antenna arrays shall comply with the maximum height requirement
of the zoning district in which they are located. Applicants proposing
an antenna higher than allowed by the zoning district in which it
will be located may apply for a variance to the Zoning Board of Adjustment.
8.
No antenna or antenna array may, by virtue of this Section, occupy,
encroach or "overhang" any public right-of-way without the expressed
approval of the City.
9.
Each antenna installation shall require a separate building permit.
[Ord. No. 111808 §1(400-804.7), 11-18-2008]
A.
All
towers up to fifty (50) feet in height shall be set back on all sides
a distance equal to the underlying setback requirement in the applicable
zoning district. Towers in excess of fifty (50) feet in height shall
be set back an additional one (1) foot for each one (1) foot of tower
height in excess of fifty (50) feet. The height of the tower shall
be measured from the grade at the foot of the base pad to the top
of any telecommunications facilities or antennas attached thereto.
Setback requirements shall be measured from the base of the tower
to the property line of the tract of land on which it is located.
B.
Towers
exceeding one hundred (100) feet in height may not be located in any
residentially zoned district and must be separated from all residentially
zoned districts and occupied structures, other than those utilized
by the tower owner, by a minimum of two hundred (200) feet or one
hundred percent (100%) of the height of the proposed tower, whichever
is greater.
C.
Towers
one hundred (100) feet or less in height may be located in residentially
zoned districts, provided said tower is separated from any residential
structure, school, church and/or occupied structures, other than those
utilized by the tower owner, by a minimum of one hundred percent (100%)
of the height of the tower.
D.
Towers
must meet the following minimum separation requirements from other
towers:
1.
Monopole tower structures shall be separated from all other towers,
whether monopole, self-supporting lattice or guyed, by a minimum of
seven hundred fifty (750) feet.
2.
Self-supporting lattice or guyed towers shall be separated from all
other self-supporting lattice or guyed towers by a minimum of one
thousand five hundred (1,500) feet.
[Ord. No. 111808 §1(400-804.8), 11-18-2008]
The Structural Standards for Steel Antenna Towers and Antenna
Supporting Structures, 1991 Edition (ANSI/EIA/TIA 202-E-1991) is hereby
adopted, together with any amendments thereto as may be made from
time to time, except such portions as are hereinafter deleted, modified
or amended by regulation and set forth in this code.
[Ord. No. 111808 §1(400-804.9), 11-18-2008]
Towers shall not be artificially lighted except as required
by the Federal Aviation Administration (FAA). In cases where there
are residential uses/zoned properties within a distance of three hundred
percent (300%) of the height of the tower, any tower subject to this
Division shall be equipped with dual mode lighting.
[Ord. No. 111808 §1(400-804.10), 11-18-2008]
All self-supporting lattice or guyed towers shall be enclosed
within a security fence or other structure designed to preclude unauthorized
access. Monopole towers shall be designed and constructed in a manner
which will preclude, to the extent practical, unauthorized climbing
of said structure.
[Ord. No. 111808 §1(400-804.11), 11-18-2008]
Towers not requiring FAA painting or marking shall have an exterior
finish which enhances compatibility with adjacent land uses, subject
to review and approval by the Board of Aldermen as part of the application
approval process. All towers shall be stealth design unless stealth
features are impractical or the cost of such features represents an
undue burden on the applicant.
[Ord. No. 111808 §1(400-804.12), 11-18-2008]
A.
All
tracts of land on which towers, antenna support structures, telecommunications
facilities and/or antennas are located shall be subject to the landscaping
requirements of the City, including:
1.
Support facilities and tower bases shall be landscaped with a buffer
of plant materials that effectively screens from view the tower base
and any support facilities from adjacent property or street. The plantings
installed shall be of a size and species that can achieve a height
of six (6) feet and seventy-five percent (75%) opacity within three
(3) growing seasons.
2.
In locations where the visual impact of the tower and support facilities
would be minimal, the landscape requirement may be reduced or waived
by the City Planner.
3.
Existing mature tree growth and natural land forms on the property
shall be preserved to the maximum extent possible. Natural growth
around the property perimeter may be considered a sufficient buffer
for a proposed tower and support facilities as determined by the City
Planner.
[Ord. No. 111808 §1(400-804.13), 11-18-2008]
A.
All
towers constructed or under construction on the date of approval of
this regulation may continue in existence as a non-conforming structure
and may be maintained or repaired without complying with any of the
requirements of this Division. Non-conforming structures or uses may
not be enlarged or the degree of non-conformance increased without
complying with this Division, including applying for and obtaining
a tower development permit. Any modification or reconstruction of
a tower constructed or under construction on the date of approval
of this regulation shall be required to comply with the requirements
of this Division including applying for and obtaining a tower development
permit. Said application shall describe and specify all items which
do not comply with this Division and may request, subject to final
review and approval of the Zoning Board of Adjustment, an exemption
from compliance as a condition of the tower development permit.
B.
Towers,
antenna support structures, telecommunications facilities and antennas
constructed under authority of this Division shall at all times be
kept and maintained in good condition, order and repair so that the
same does not constitute a nuisance to or a danger to the life or
property of any person or the public.
[Ord. No. 111808 §1(400-804.14), 11-18-2008]
The City reserves the right to conduct inspection of towers,
antenna support structures, telecommunications facilities and antenna
upon reasonable notice to the tower owner or operator to determine
compliance with this Division and to prevent structural and equipment
failures and accidents which may cause damage, injuries or nuisances
to the public. Inspections may be made to determine compliance with
the City's Building Codes and any other construction standards set
forth by the City, Federal and State law or applicable ANSI standards.
Inspections shall be made by either an employee of the City or a duly
appointed independent representative of the City.
[Ord. No. 111808 §1(400-804.15), 11-18-2008]
A.
Support
facilities shall be of a color and construction that is compatible
with surrounding development.
B.
Support
facilities shall not be more than four hundred (400) square feet of
gross floor area and more than twelve (12) feet in height.
C.
Setbacks
for support facilities shall be the same as the setbacks required
for other structures in the zoning district in which they are located.
[Ord. No. 111808 §1(400-804.16), 11-18-2008]
A.
The
operator of a tower shall provide the City with a copy of any notice
submitted to the FCC stating their intent to cease operations. The
operator shall have ninety (90) days from the last date of operations
to remove the tower and support facilities.
B.
Any
antenna or tower that is not operated for a continuous period of twelve
(12) months shall be considered abandoned and the owner of such antenna
or tower shall remove the same within ninety (90) days of notice from
the City to remove the tower or antenna. A maximum of two (2) twelve
(12) month extensions may be granted by the City Planner if the tower
operator is actively seeking tenants for the tower.
C.
If
the owner of a tower fails, after notice, to remove the tower, the
City shall begin the civil citation process.
[Ord. No. 111808 §1(400-804.17), 11-18-2008]
A.
Any
existing tower or antenna which becomes non-conforming on the effective
date hereof or becomes non-conforming at any future date shall be
regulated according to the rules for non-conforming uses, except as
follows:
1.
New antennas and support facilities may be mounted on a non-conforming
tower.
2.
A non-conforming tower within one thousand (1,000) feet of an historic
preservation district shall be considered a legal non-conforming tower.
As such, the tower may remain until it has been abandoned.
3.
Should any lawful non-conforming tower be destroyed by any means
to an extent of more than seventy-five percent (75%) of its replacement
cost at the time of destruction, it may only be reconstructed in conformance
with the provisions of this Division, provided that the destruction
was caused by an accident or act of God occurring after the adoption
of this Division and such reconstruction does not increase the degree
of non-conformity that existed prior to destruction.
