[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 ANTENNA1. 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.