[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
This chapter shall hereafter be known, cited and referred to
as the LINCOLN TELECOMMUNICATION ANTENNA CODE (hereinafter referred
to as "code").
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
The purpose of the regulations set forth in the Lincoln telecommunication
antenna code is to further an overall plan for the enhancement of
public safety, consistent community development, preservation of property
values and the general welfare of the City. In order to accommodate
the communication needs of the residents and businesses while protecting
the public health, safety and general welfare of the City, the regulations
are further intended to: facilitate the provision of wireless telecommunication
services to the residents and businesses of the City; nonetheless
preserve and protect property values; avoid potential damage to adjacent
properties from tower failure; lessen congestion of land and air space;
provide against undue concentrations of telecommunication antennas
and antenna facilities which may create adverse visual effects and
detraction from a neighborhood's character; establish reasonable
standards for private and commercial use of telecommunications antennas;
preserve the attractive character of the City; and recognize that
the general welfare of the public includes a community plan that provides
for a community that shall be beautiful as well as healthful, spacious
as well as clean, and well balanced in its growth and development.
The promotion of public health and safety is to be accomplished
by reducing the distractive characteristics of telecommunications
antenna facilities or towers and ensuring that, unless otherwise necessary,
telecommunication towers or antenna facilities shall not be located
in an established residential neighborhood.
The regulations in the Lincoln telecommunication antenna code
expressly distinguish between direct satellite dishes, amateur radio
operator antennas, and commercial antennas. This distinction is necessary
in order to ensure compliance with the federal aviation administration
(FAA) and federal communications commission (FCC) policies and requirements
as they affect the telecommunication industry.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
Any telecommunication antenna not expressly permitted by this
Code is prohibited in the City. All telecommunications antennas must
comply with all applicable provisions of the building, electrical
and municipal codes of the City, rules promulgated by the federal
aviation administration (FAA), the federal communications commission
(FCC), the Lincoln airport hazard zoning regulations, if any, and
the standards and regulations of any other agency of the state, federal
or local unit of government with authority to regulate antennas.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
(A)
Rules Of Construction: The language set forth in the text of this
Code shall be interpreted in accordance with the following rules of
construction:
1.
The singular number includes the plural and the plural the singular;
2.
The present tense includes the past and future tenses, and the future
tense includes the present;
3.
The word "shall" is mandatory, while the word "may" is permissive;
4.
The masculine gender includes the feminine and the neuter genders;
5.
Whenever a word or term defined hereinafter appears in the text of
this Code, its meaning shall be construed as set forth in the definitions
hereof; and
6.
All measured distances shall be to the nearest integral foot. If
a fraction is 1/2 feet or more, the integral foot next above shall
be taken.
(B)
COMMERCIAL MOBILE SERVICES
HEIGHT
PERSONAL COMMUNICATION SERVICES
PERSONAL WIRELESS FACILITIES
PERSONAL WIRELESS SERVICES
RADIO BROADCAST
SATELLITE DISH ANTENNA
TELECOMMUNICATION ANTENNA
1.
2.
3.
TELECOMMUNICATION ANTENNA FACILITY
UNLICENSED WIRELESS SERVICE
Definitions: Where a definition is not specifically set forth herein,
the term shall be defined as set forth in the zoning code.[1]
Mobile services that are for profit, are available to the
public or a substantial portion of the public, and provide subscribers
with the ability to access or receive calls from the public switched
telephone network - Examples are personal communication services (PCS),
cellular radio mobile service and paging.
The vertical measurement from the ground to the vertical
apex of the telecommunication antenna facility.
A digital, radio based service that transmits and receives
low powered electronic signals through networks of linked transmitter/receiver
sites with each transmitter/receiver or base station covering smaller
areas.
Transmitters, receivers, antenna facilities and other types
of installation used for the provision of personal wireless services.
Commercial mobile services, cellular telephone services,
specialized mobile radio services (SMR), unlicensed wireless services,
and common carrier wireless exchange access services, as now or hereafter
defined in Title 47 United States Code, Section 323(C)(7)(c).
Traditional AM and FM radio broadcasts and amateur radio
broadcasts (HAM radio).
A telecommunication antenna shaped like a bowl or dish and
used to receive wireless transmission of radio, data, or video from
a satellite orbiting the earth.
A device affixed to the ground, a building or other structure
which device is capable of transmitting or receiving radio waves.
Telecommunication antenna includes, but is not limited to, devices
capable of transmitting or receiving radio waves supporting the following
types of communication:
Television broadcast, multichannel multipoint distribution (wireless
cable), direct broadcast satellites (DBS).
Radio broadcast (including AM, FM, and amateur radio antennas).
Wireless telecommunications, personal wireless services, commercial
mobile services, cellular telephone services, specialized mobile radio
services (SMR), unlicensed wireless services and common carrier wireless
exchanges access services.
The antenna, mast, pole, latticework, structure, tower, building,
equipment and other supporting material used to mount and operate
an antenna.
The offering of telecommunication services using duly authorized
devices which do not require individual licenses by FCC, but does
not mean the provision of direct to home satellite services.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
(A)
Within the RR, R-1 and R-2 residence districts telecommunication
antennas are permitted as follows:
1.
Accessory use satellite dish receiving antennas exceeding one meter
in diameter shall be permitted on the following conditions:
(a)
Such antennas shall be located only on a roof or in rear yards
and no closer than five feet from a side or rear lot line and outside
of easements of record; and
(b)
The vertical apex of the telecommunication antenna facility
shall not exceed 15 feet in height from ground level for ground mounted,
and 15 feet in height from roofline for roof mounted.
2.
Satellite dish receiving antennas, one meter or less in diameter,
television broadcast receiving antennas, multichannel multipoint distribution
receiving antennas, radio broadcast receiving antennas, and amateur
radio antennas (receiving and transmitting), provided all such antennas
are accessory use antennas, shall be permitted on the following conditions:
(a)
Such antennas shall be located only on a roof or in rear or
side yards unless such restriction precludes reception of an acceptable
quality signal. In such case such antennas may be placed anywhere
on the lot except within an easement of record. Proof of inability
to receive an acceptable quality signal shall be provided to the zoning
Administrator upon request; and
(b)
The vertical apex of the telecommunication antenna facility
shall not exceed the greater of the district height limit or 70 feet
in height from ground level.
3.
Other telecommunication antennas are prohibited, unless the same
are located on City right of way or City easement pursuant to an agreement
with the City.
(B)
Within the C-1 general retail district, C-2 service retail district,
I-1 light industrial district, and I-2 heavy industrial district,
telecommunication antennas are permitted as follows:
1.
Accessory use satellite dish receiving antennas exceeding two meters
in diameter, and accessory use mobile radio antennas shall be permitted
on the following conditions:
(a)
Such antennas shall be permitted only on the roof or in the
rear or side yards;
(b)
Such antennas shall not be placed on an easement of record or
within five feet of a property line; and
(c)
The vertical apex of the telecommunication antenna facility
shall not exceed the greater of the zoning district height regulations,
if any, or 15 feet in height above the building roofline for roof
mounted.
2.
Satellite dish receiving antennas less than two meters in diameter,
television broadcast receiving antennas, multichannel multipoint distribution
receiving antennas, and radio broadcast receiving antennas and amateur
radio antennas (receiving and transmitting) provided all such antennas
are accessory use antennas, shall be permitted on the following conditions:
(a)
Such antennas shall be located only on a roof or in rear or
side yards unless such restriction precludes reception of an acceptable
quality signal. In such case such antennas may be placed anywhere
on the lot except within an easement of record. Proof of inability
to receive an acceptable quality signal shall be provided to the zoning
Administrator upon request; and
(b)
The vertical apex of the telecommunication antenna facility
shall not exceed the greater of the district height limit or 70 feet
in height from ground level.
3.
Accessory use mobile radio antennas not meeting the conditions of
Subsection (B)2 of this section and all other telecommunication antennas
shall be permitted only as a special use pursuant to the applicable
procedures and standards for the same noted herein.
(C)
Notwithstanding any other provision herein, no antenna not allowed
in RR, R-1, and R-2 residence districts shall be permitted in the
downtown historical district and a buffer zone surrounding the same,
said area of prohibition being surrounded and boundaried by the following:
Commencing at the Tremont Street and Kankakee Street intersection;
thence southeast along Tremont Street to Butler Street, thence southwest
along Butler Street to Decatur Street, thence northwest along Decatur
Street to Union Street, thence North along Union Street to Kankakee
Street, thence northeast along Kankakee Street to Tremont Street to
the point of beginning.
All other telecommunication antennas within the borders of the
herein described area are expressly prohibited, unless the same are
located on City right of way or City easement pursuant to an agreement
with the City.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
(A)
Purpose: The purpose of this section is to specify standards that
shall be required to be met before the issuance of a special use permit.
1.
Submission of a site plan drawn to scale, showing the location and
dimensions of existing and proposed buildings or structures, natural
or manmade features, topography, elevations and location of landscaping
and lighting.
2.
Description of the proposed telecommunication antenna facility including
certification by an engineer regarding the structural integrity of
the facilities, and evidence of compliance with the FCC emission standards.
3.
Siting needs and sharing capabilities. An inventory of the existing
telecommunication antenna facilities including, but not limited to,
existing antenna facilities, silos, water tanks, and buildings. Notification
by way of certified mail as proof of exhausting possible avenues for
sharing space.
4.
Maintenance Plan. A description of anticipated maintenance needs,
including frequency of service, personnel needs, equipment needs,
and traffic, noise and safety impacts on such maintenance.
5.
Proof of approval or compliance with FAA standards.
6.
Proof of liability insurance in the minimum single limit amount of
$200,000 with the City named as an additional insured.
(B)
Bulk Regulations:
1.
Lot Size Requirements: Minimum lot size for the district in which
the facilities are located.
2.
Setback: A setback from adjoining property lines is required in order
to minimize the adverse effects of falling ice or damage due to antenna
collapse. A setback of 50% of the telecommunication antenna facility
height shall be maintained, except a setback of 500 feet shall be
maintained from all residential zoning districts and from buildings
used for residential dwelling, daycare, elementary or secondary schools.
3.
Separation From Other Antenna Facilities: In order to encourage collocation
of antennas on a common facility, all new antenna facilities exceeding
70 feet in height shall not be located within 1/4 mile 1,320 feet
of another antenna facility which exceeds 70 feet in height.
4.
Height: Antenna facilities shall not exceed 105 feet in height.
(D)
Lighting: Shall be consistent with FAA guidelines and have minimal
spillover effect on adjoining property.
(E)
Interference: The proposed facility shall not cause unreasonable
interference with existing radio, television, telephone or DBS reception
or services.
(F)
Effect On Adjoining Properties: The proposed facility will cause
no objectionable noise, fumes, odors, glare, physical activity or
effect that would impair the peaceful enjoyment of neighboring properties.
(G)
Adequate Public Facilities: The proposed facility will be served
by adequate public services and facilities, including police and fire
protection, water and sanitary sewer, storm drainage, public roads
and other public improvements.
(H)
FCC Compliance: The proposed facility meets with FCC requirements.
(J)
Abandonment: Facilities that remain unused for more than one year
shall be demolished at the owner's cost.
(K)
Collocation Or Shared Use: Applicants shall be required to exhaust
all possible avenues for sharing space on existing antenna facilities.
Evidence shall be submitted showing the following:
1.
The availability of space on existing telecommunication antenna facilities;
2.
The willingness of the telecommunication antenna facility owner to
execute a lease with the applicant and whether or not the terms of
such lease are agreeable to applicant;
3.
The ability of applicant to reasonably meet its geographic service
area requirements by locating on existing telecommunication antenna
facilities;
4.
Any radio, mechanical or electrical incompatibilities, conflicts,
or interference caused by using an existing telecommunication antenna
facility;
5.
The comparative costs of new construction and collocation;
6.
Any FCC or other governmental restrictions on collocation.
(L)
Signs: No signs shall be permitted on antenna facilities other than
warning or equipment signs, however the antenna may be located on
an existing sign structure.
(M)
Waivers: The City Council may modify or waive any of the foregoing
special use standards where such waiver or modification is in the
public interest or necessary to comply with federal law.
(N)
General Conditions: Standards applicable to all special uses include
the following:
1.
Ingress and egress to property and proposed structures shall be located
and designed in a manner which will maximize automotive and pedestrian
safety and convenience, facilitate traffic flow and control and provide
easy and adequate access in case of fire or other catastrophe;
2.
Off street parking and loading areas where required or provided, shall be located and designed in a manner which will maximize the items referred to in Subsection (A) of this section and will minimize any adverse economic, noise, glare or odor effects of the special use on adjoining or nearby properties;
4.
Utilities provided in connection with the special use shall be designed
and located so as to encourage the efficient and economic utilization,
extension and expansion of the public utility system;
5.
Screening and buffering materials shall be sufficient to ensure that
the proposed special use will have no greater impact on surrounding
land uses than other uses authorized as a matter of right;
6.
Proposed exterior lighting shall be located and designed to maximize
traffic safety and compatibility and harmony with adjoining or nearby
properties and so as to minimize glare, noise and adverse economic
impact on surrounding properties or authorized land uses;
7.
Required yards and open spaces shall be sufficient to ensure that
the proposed special use will have no greater impact on surrounding
land uses than other uses authorized as a matter of right;
8.
The site on which the special use is located shall be designed to
make the proposed use generally compatible with adjoining or nearby
properties;
9.
The special use shall in all other respects conform to the applicable
regulations of the district in which it is located and of the entire
municipal code, except as such regulations may in each instance be
modified by the Mayor and City Council pursuant to the recommendations
of the Zoning Board of Appeals or as allowed for a planned unit development.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
(A)
Application: Application for a special use permit shall be submitted
in the office of the Building and Safety Official on forms approved
by the Building and Safety Official. No application shall be processed
unless accompanied by the appropriate filing fee.
(B)
Hearing On Application: Upon receipt in proper form of an application
and supporting material, the Plan Commission shall hold at least one
administrative public hearing on the application for a special use
permit, in the manner provided in Title 11, Chapter 2 of this Code.
(C)
Action By Plan Commission:
1.
Findings Of Fact: No special use permit shall be recommended by the
Plan Commission until written findings of fact are made indicating:
(D)
Action By City Council: The City Council must grant or deny any application
for a special use permit after receiving the report of findings and
recommendation of the Plan Commission, including the recommended stipulations
of additional conditions and guarantees, when they are deemed necessary
for the protection of the public interest. All decisions of the City
Council shall be in writing and based on written findings of fact.
(E)
Protest: In case a written protest against any proposed special use
permit signed and acknowledged by the owners of 20% of the frontage
to be altered; the owners of 20% of the frontage immediately adjoining
or across the alley therefrom is filed with the City Clerk, the special
use permit cannot be passed except on the favorable vote of 2/3 of
all members of the City Council.
(F)
Refiling Period: No application for a special use which has been
denied wholly or in part by the City Council shall be resubmitted
for a period of one year from the date of said denial, except on the
grounds of new evidence or proof of change of conditions found to
be valid by the City Council.
(G)
Minor Changes: Minor changes in the location, siting, and height
of structures may be authorized by the Building and Safety Official,
however, no such change shall involve a change in the character of
the development, or a substantial increase in the intensity of use,
reduction of parking spaces, or landscaping requirements.
(H)
Nonminor Changes: Decisions concerning nonminor changes in the location,
siting and height of structures, any change in the character of the
development or a substantial increase in the intensity of use, reduction
of parking spaces, or landscaping shall be made by the City Council,
after the Plan Commission conducts an additional administrative public
hearing and submits a recommendation on such proposed changes or deviations.
In all nonminor changes, the Plan Commission and the City Council
shall apply the standards set forth in this section for special uses.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
In the event the standards and requirements of this section impair the receipt or transmission of an acceptable signal quality for an accessory use antenna (except accessory use mobile radio antennas), the Zoning Board of Appeals may grant a variance in the strict application of this section in accordance with Section 4-7-6 of this chapter. Such variance shall be no greater than reasonably necessary to receive or transmit an acceptable quality signal, and shall be conditioned where necessary to protect public safety.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
In order to encourage the collocation of antennas on existing
antenna facilities, the Building and Safety Official has the authority
to permit the placement of antennas on antenna facilities which have
been approved pursuant to the special use process provided there is
no increase in the height of the approved antenna facility.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
In considering any special use permit and variation requests
the following federal policy directives shall be followed:
(A)
All requests shall be processed within 90 days after the application
is properly filed with the Building and Safety Official. The ninety-day
time limit may be extended by agreement.
(B)
The substantive decision made by the appropriate body shall not unreasonably
discriminate among providers of functionally equivalent services and
shall not prohibit or have the effect of prohibiting the provisions
of the particular telecommunication technology in the City.
[Ord. 464, 3-2-1998; amended Ord. 2014-817, 8-18-2014]
Nonconforming telecommunication antennas and antenna facilities
which are lawful at the effective date of adoption or amendment of
this section that could not be built under the terms of this Code,
may continue so long as the same remains otherwise lawful subject
to the following:
(A)
Enlargement Or Alteration: No such nonconforming structure may be
enlarged or altered in a way which increases its nonconformity, but
any structure or portion thereof may be altered to decrease its nonconformity.
(B)
Reconstruction: Should such nonconforming structure or nonconforming
portion of structure be destroyed by any means to an extent of more
than 50% of its fair cash market value prior to the time of destruction,
it shall not be reconstructed except in conformity with the provisions
of this Code.
(C)
Moving: Should such nonconforming structure be moved for any reason
for any distance whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
(D)
Repairs And Maintenance: Ordinary repairs may be made to an extent
not exceeding 50% of the fair cash market value of the nonconforming
structure.
