[CC 1981 §418.010; Ord. No. 764 §1(418.010), 12-11-1996]
A.
The
purposes of this Article are to:
1.
Provide for the appropriate location and development of communications
facilities and systems to serve the citizens and businesses of the
City of Winchester;
2.
To encourage the location of antenna atop existing structures or
buildings;
3.
Minimize adverse visual impacts of communications antennae and support
structures through careful design, siting, landscape screening and
innovative camouflaging techniques;
4.
Maximize the use of existing and new support structures so as to
minimize the need to construct new or additional facilities;
5.
Maximize and encourage the use of disguised antenna support structures
as to ensure the architectural integrity of designated areas within
the City and the scenic quality of protected natural habitats.
[CC 1981 §418.020; Ord. No. 764 §1(418.020), 12-11-1996]
As used in this Article, the following terms shall have the
meanings and usages indicated:
Any device that transmits and/or receives electromagnetic
signals 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 used only
for home television reception.
Any structure designed and constructed for the support of
antennas, including any tower or disguised support structure, but
excluding those support structures under sixty (60) feet in height
owned and operated by an amateur radio operator licensed by the FCC.
The term "antenna support structure" shall also include
any related and necessary cabinet or shelter.
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 the horizontal dimensions
of which do not exceed four (4) feet by six (6) feet.
The City Engineer of the City of Winchester or his/her designee.
Any freestanding manmade structure designed solely for the
support of communications antennas, the presence of which is camouflaged
or concealed as an architectural or natural feature. Such structures
may include, but are not limited to, clock towers, campaniles, observation
towers, pylon signs, water towers, light standards, flagpoles and
artificial trees.
The Federal Aviation Administration.
The Federal Communication Commission.
The vertical distance measured from the average grade to
its highest point and including the main structure and all attachments
thereto.
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 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 under sixty (60) feet in height
owned and operated by an amateur radio operator licensed by the Federal
Communication Commission.
Those areas as identified on the Telecommunications Master
Plan Map which is made a part of this Article by reference as if fully
set out herein, which contains locations where the City has determined
the location of communication antenna support structures would be
appropriate.
[CC 1981 §418.030; Ord. No. 764 §1(418.030), 12-11-1996]
A.
The
requirements set forth in this Article shall be applicable to all
antennae support structures installed, built or modified after the
effective date of this Article, December 11, 1996, and owned by a
private entity or agency of local government.
1.
Conditional use. Antenna shall be a conditional
use in the area designated in Exhibit "A" on file in the City offices.
2.
Building Codes and safety standards. To ensure the
structural integrity of antenna support structures, the owner shall
ensure 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.
3.
Regulatory compliance. All antennae and support
structures shall meet or exceed current standards and regulations
of the 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 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.
4.
Security. All antennae and 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 application to install, build or modify antennae or support
structures. No barbed wire will be used on security fences. Additional
measures may be required as a condition of the issuance approval as
deemed necessary by the City Administrator or by the Board of Aldermen
in the conditional use permit.
5.
Lighting. Antennae and support structures shall
not be lighted unless required by the FAA, a State or Federal agency
with authority to regulate, or the Winchester Board of Aldermen, in
which case a description of the required lighting scheme shall be
made a part of the application to install, build or modify the antennae
or support structure.
6.
Advertising. Unless a disguised antenna support
structure is in the form of an otherwise lawfully placed pylon sign,
the placement of signs on structures regulated by this Section is
prohibited.
7.
Design.
a.
Towers shall maintain a galvanized steel finish or, subject to the
requirement 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 may also be
brick or other masonry material as required by the City Administrator
or by the Board of Aldermen in the conditional use permit.
c.
Antennae attached to a building or antenna support structure shall
be painted a color identical to or compatible with the surface to
which they are mounted.
d.
All towers shall be surrounded by a landscape strip of not less than
ten (10) feet in width and planted with materials which will provide
a visual barrier of a minimum height of six (6) feet. Evergreen trees
should be at least six (6) feet tall and deciduous trees at least
two and one-half (2½) inches in caliper at the time of planting.
Said landscape strip shall be exterior to any security fencing. In
lieu of the required landscape strip, a minimum six (6) foot high
decorative fence or wall may be approved by the City Administrator
or by the Board of Aldermen in the conditional use permit upon demonstration
by the applicant, that an equivalent degree of visual screening is
achieved.
e.
All antenna support structures shall be separated from any on-site
residential structure a distance equal to the height of the antenna
support structure. Antenna support structures 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 lines(s). Where adjacent to non-residentially zoned
property, antenna support structures shall maintain setbacks as are
required for structures.
f.
Vehicle or outdoor storage on any antenna support structure site
is prohibited.
g.
On-site parking for periodic maintenance and service shall be provided
at all antenna or antenna support structure locations. Access to and
parking for antenna or antenna support structure locations shall be
provided on a paved or an alternate dustproof surface.
h.
The minimum site size for any antenna support structure shall be
twelve thousand (12,000) square feet.
8.
Shared use.
a.
Prior to the issuance of any conditional use permit to alter or modify
any tower existing on the effective date of this Article, the owner
shall provide to the City Administrator a written and notarized statement
agreeing 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 cause
for the withholding of future permits to the same owner to install,
build or modify antennae or antenna support structures within the
City.
b.
Prior to the issuance of any permit to install, build or modify any
antenna support structure, the antenna support structure owner shall
furnish the City Administrator an inventory of all antenna support
structures in or within one-half (½) mile of the City limits
of Winchester and agree to the shared use of the proposed facilities
subject to such technical limitations and financial terms as are reasonable.
The inventory shall include the antenna support structure's reference
name or number, the street location, latitude and longitude, structure
type, height, type and mounting height of existing antennas and an
assessment of available ground space for the placement of additional
equipment shelters.
c.
Any new antenna support structure at a height of one hundred (100)
feet above ground level or higher shall be designed and constructed
to accommodate at least three (3) additional users. The willful and
knowing failure of the owner of a antenna support structure 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 antenna support structures within
the City.
[CC 1981 §418.040; Ord. No. 764 §1(418.040), 12-11-1996]
A.
Applications
for conditional use shall be made on the appropriate forms to the
City Administrator and accompanied by payment of the established fee
and shall include:
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, walkways, parking areas and other structures,
public rights-of-way, the zoning districts 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, above ground level of the
existing or proposed antenna support structure and antenna, together
with latitude and longitude and shall include what other antenna support
structure heights would or could accommodate the applicant's proposed
needs along with documentation as to whether the height and location
chosen will accommodate any other company's known network.
2.
The application shall be reviewed by the City to determine compliance
with the above standards and transmit the application for review and
comment to other departments and public agencies as may be affected
by the proposed facility.
3.
The application for a new antenna support structure or a summary
of such application, containing the height, design, location and type
of antenna and frequency of the proposed antenna support structure
shall, be delivered by certified mail to all potential antenna support
structure users as identified by a schedule maintained by the City.
Proof of such delivery shall be submitted with the application to
the City. Upon request, the City Administrator shall place on a list
the name and address of any user of towers or prospective user to
receive notification of applications. The failure of any notified
party to respond to said notice shall be considered in reviewing any
subsequent requests for new antenna support structures by said notified
party.
4.
Any party seeking shared use of an antenna support structure, subject
to the shared use requirement, may negotiate with the applicant for
such use. The applicant may on a non-discriminatory basis choose between
incompatible 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 designed to equally share
the costs of the acquisition, design, construction and maintenance
of the tower or structure and wholly offset any additional costs incurred
by accommodation of the additional use. 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 City Administrator,
in writing, who may deny the application upon a finding that shared
use has been improperly denied by the applicant. The writing shall
explain the precise basis for the claim that the applicant has breached
its duty to negotiate in good faith and shall be accompanied by payment
of an administrative review fee of three hundred dollars ($300.00)
to the City to offset the costs of this review. After the applicant's
receipt of the letter, the applicant shall have ten (10) days to provide
a written submission to the City Administrator responding to the letter
alleging a violation of the shared use requirement. If deemed necessary
by the City Administrator, the City Administrator 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 City Administrator receives such a letter alleging
violation of the shared-use requirement, the time for a decision is
automatically extended up to thirty (30) additional days until the
City Engineer has determined whether the applicant has complied with
such requirement.
5.
The City Administrator shall issue a decision on the permit within thirty (30) days of the date of application or the application shall be deemed approved, except as provided in Subsection (4). The City Administrator 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 of Winchester. The City Administrator shall consider the factors established herein for granting a conditional use permit as well as other considerations consistent with this Article. A decision to deny an application shall be made in writing and state the specific reasons for the denial. The decision of the City Administrator shall be considered as a recommendation to the Board of Aldermen for its final decision.
[CC 1981 §418.050; Ord. No. 764 §1(418.050), 12-11-1996]
A.
All
proposals to install, build or modify an antenna or a support structure
shall require the applicant to receive a conditional use permit, following
a duly advertised public hearing by the Planning and Zoning Board.
B.
Applications
for conditional use permits shall be filed and processed in the manner
and time frame as established for all other conditional use permits
under the zoning ordinance.
C.
Findings Required. In addition to any other determinations
specified by the zoning ordinance for the consideration of conditional
use permits, the Planning and Zoning Board shall make findings as
to the following based upon evidence submitted with the application
or presented during the public hearing by the applicant or others.
A decision by the Planning and Zoning Board to deny an application
shall be based upon substantial evidence that the application does
not meet the following criteria, which shall be made a part of the
written record of the meeting at which a final decision on the application
is rendered. For approval, the written report shall include all affirmative
finding for each of the following:
1.
The proposed antenna support structure is located within the area
designated by Exhibit "A" on file in the City offices.
2.
There are other limiting conditions that render existing towers,
structures or buildings within the applicant's required geographic
area unsuitable.
3.
The design of the tower or structure, including the antennae, shelter
and ground layout, maximally reduce visual degradation and otherwise
comply with the provisions and intent of this Article.
4.
The proposal minimizes the number and size of the towers or structures
that will be required in the geographic area surrounding the proposed
site.
5.
The applicant attempted to take advantage of available shared use
options provided by this Article or otherwise.
6.
No antenna support structure shall be approved in excess of one hundred
(100) feet in height unless 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 antenna
support structure and such showing is 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 limitation
or the reason why such alternatives are not viable. The City shall
have an opportunity to hire their consultant if any questions arises
as a result of the statement herein.
D.
In
addition, the written report for approval will include an affirmative
finding for at least one (1) of the following:
1.
There are no existing antenna support structures located within the
geographic area that meet the applicant's engineering requirements.
2.
There are no existing towers, structures or buildings within the
applicant's required geographic area of sufficient height to meet
system engineering requirements.
3.
There are no existing towers or structures in the geographic area
which have sufficient structural strength to support the applicant's
proposed antennae.
4.
The proposed antennae would not experience or cause signal interference
with antennae on existing towers or structures.
5.
The fees, costs or other contractual terms required by the owner(s)
of existing tower(s), structure(s) or building(s) within the required
geographic area of the applicant or to retrofit the existing tower(s)
or structure(s) are unreasonable. Costs exceeding that of a new tower
are presumed to be unreasonable.
E.
Additional Limitations.
[CC 1981 §418.060; Ord. No. 764 §1(418.060), 12-11-1996]
Any antenna support structure or the upper portion of any antenna
support structure which is occupied by inactive antennae for a period
of twelve (12) months shall be considered a nuisance and be removed
at the owner's expense. Removal of upper portions of an antenna support
structure manufactured as a single object shall not be required.
[CC 1981 §418.070; Ord. No. 764 §1(418.070), 12-11-1996]
Not withstanding 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 or existing antenna or structure in violation of any provision
of this Article, regardless of whether such structure or antenna is
located on any governmental land.
[CC 1981 §418.090; Ord. No. 764 §1(418.090), 12-11-1996]
A.
Community
and neighborhood visual concerns should be considered paramount in
the consideration of and selection of sites. These concerns should
be evaluated by a consideration of all the policies set forth in this
Article which shall include, but are not limited to, the following:
1.
Within the City, sites should be located in the following order of
preference:
a.
On existing structures such as buildings, communication towers, water
towers, smokestacks, etc.
b.
In locations where the existing topography, vegetation, buildings
or other structures provide the greatest amount of screening.
c.
Sites should be located on bare ground without visual mitigation
only in commercial zoned districts. The location and design of sites
should consider the impact of the site on the surrounding neighborhood
and particularly the visual impact on residential districts that are
adjacent to the commercial site.
2.
Certain types of low power mobile radio service facilities are more
appropriate in some zoning districts than others and certain facilities
create a greater impact on the surrounding area than others. There
is a need to balance low power mobile radio service industry and homeowner
concerns and review the specific impacts of the different types of
low power mobile radio service facilities in relation to the character
of land uses found in the City zoning districts. For example, the
City recognizes the freestanding low power mobile radio service facilities
generate the greatest impacts and, therefore, are most suitable in
commercial zoned districts.
3.
Facilities should be located to minimize any adverse effect they
may have on residential property values.
4.
Facilities should be located to avoid a dominant silhouette on ridge
lines, and preservation of view corridors of surrounding residential
developments should be considered in the location and design.
5.
Location of sites in commercial zoning districts should consider
the impact of the site on the surrounding neighborhood, particularly
any adjacent residential neighborhood.
6.
Facilities must be architecturally and visually (color, bulk, size)
compatible with surrounding existing buildings, structures, vegetation
and/or uses in the area or those likely to exist. Microcell or repeater
facilities may be considered architecturally or visually compatible
if they are mounted on existing structures such as light standard
telephone pole or otherwise camouflaged to disguise their low power
mobile radio service use.
7.
Less obtrusive facilities are preferred, and sites in industrial
and commercial areas are preferred.
8.
Co-location. Where the result is less visual impact
and the engineering of the low power mobile radio service network
permits it, sites should be co-located with other low power mobile
radio service facilities as well as other existing telecommunication
sites and public structures. In co-location, anti-trust laws are a
consideration.
9.
Network compatibility. At the time of site selection,
the applicant should demonstrate how the proposed site fits into the
overall network of the low power mobile radio service system within
the City and adjacent cities.
