For the purpose of this division, the following definitions
shall apply, unless the context clearly indicates or requires a different
meaning:
A manmade tree, clock tower, church steeple, bell tower,
utility pole, light standard, identification pylon, flagpole, or similar
structure, designed to support and camouflage or conceal the presence
of telecommunications antennas.
A structure or device used to collect or radiate electromagnetic
waves, including directional antennas, such as panels, wireless cable
and dishes, and omnidirectional antennas, such as whips, but not including
satellite earth stations.
An arrangement of antennas and their supporting structure.
A parabolic or bowl-shaped device that receives and/or transmits
signals in a specific directional pattern.
An antenna which receives and/or transmits signals in a directional
pattern.
An omnidirectional dipole antenna of cylindrical shape that
is no more than six inches (15 cm) in diameter.
A single telecommunications tower designed and built to accommodate
a minimum of two wireless communication providers.
An object, including a mobile object, constructed or installed
by man, including, but not limited to, buildings, poles, water towers,
cranes, smokestacks, earth formations and overhead transmission lines.
The transmission, between or among points specified by the
user, of audio and/or visual information of the user’s choosing,
without change in the form or content of the information as sent and
received.
Any telecommunications tower supported in whole or in part
by cables anchored to the ground.
The distance measured from grade to the highest point of
any and all components of the structure, including antennas, hazard
lighting, and other appurtenances, if any.
A self-supporting telecommunications tower which consists
of a single vertical pole fixed into the ground and/or attached to
a foundation.
A telecommunications tower which consists of an open network
of metal braces forming a tower which is usually triangular or square
in cross-section.
(1998 Code, sec. 155.110)
It shall be unlawful for any person to violate any provision
of this division, and any person violating or failing to comply with
any provision hereof shall be fined, upon conviction, in accordance
with town codes, and a separate offense shall be deemed committed
each day during or on which a violation occurs or continues.
(1998 Code, sec. 155.117)
(a)
Wireless service facility permits.
All wireless service
facility permits for a telecommunications tower, antenna, or other
facility to provide a telecommunications service shall include a completed
supplemental information form provided by the town regarding said
facilities.
(b)
Platted lot required.
Unless an exception is recommended
by the planning and zoning commission and approved by the town council,
telecommunications facilities, including towers and related equipment
buildings, shall be located on a platted lot.
(c)
Technical and legal assistance.
When, in the town’s
opinion, the technical and legal issues are beyond the capacity of
the town staff to review, the applicant, in addition to the usual
application fee, shall reimburse the town for actual cost to the town
for the reasonable services of legal and technical experts to review
the application, design plans, and general information and advise
the town before approval of application.
(d)
Preapplication meetings.
Prior to leasing or purchasing
facilities, the telecommunications service provider is encouraged
to meet with the town manager and review the merits of potential locations.
(1998 Code, sec. 155.111)
(a)
Compliance with applicable standards.
All telecommunications
towers, antennas, and facilities shall be constructed and operated
in compliance with current Federal Communications Commission (FCC)
and Federal Aviation Administration (FAA) and any other relevant federal,
state or local rules and regulations. If said rules and regulations
change, then the owners/operators of the towers and antennas shall
bring towers and antennas into compliance with such revised standards
and regulations within six months of the effective date of such standards
and regulations.
(b)
Structural standards.
Guyed telecommunications towers
shall be designed and located such that if the structure should fall
it will avoid habitable structures and public streets. The owner/operator
shall ensure that the tower is maintained in compliance with standards
contained in applicable local building codes and the applicable standards
for towers that are published by the Electronic Industries Association
(EIA), as amended from time to time. If, upon inspection, the tower
fails to comply with such codes and standards and constitutes a danger
to persons and property, then, upon notice being provided to the owner/operator
of the tower, the owner/operator shall have 30 days to bring to such
tower into compliance with such codes and standards. If the owner
fails to bring such tower into compliance within the 30 days, the
town may remove such tower or cause such tower to be removed at the
owner’s expense.
(c)
Aesthetics.
Towers shall either maintain a galvanized
steel finish or, subject to any applicable standards of the FAA, be
painted a neutral color, so as to reduce visual obtrusiveness. At
the buildable site, the design of the buildings and related structures
shall use materials, colors, textures, screening, and landscaping
that will blend the tower facilities to the natural setting and the
surrounding environment. If an antenna is installed on a structure
other than a tower, the antenna and supporting electrical and mechanical
equipment must be of neutral color that is identical. Those persons
erecting or building wireless service facilities are encouraged to
use camouflaging and other covering techniques to reduce visual obtrusiveness.
(d)
Fencing and landscaping.
Wrought iron fencing should
be six feet in height, and landscaping eight feet, and both must encompass
the wireless service facility. The landscaping must effectively screen
the view of the wireless service facility from residential and commercial
property. The standard buffer zone shall consist of a landscaped strip
five feet wide outside the perimeter of the fence. A wrought iron
gate must include a mesh cover. In addition, the gate location will
be determined by the council.
(e)
Setbacks.
All guys and anchors shall be located within
the buildable area of the lot. Towers/antennas must be set back a
distance of 2-to-1 ratio to height from residential property, roads
and rail lines. (Example: If the tower height is 100 feet then the
required setback will be 200 feet.)
(f)
Signage.
Except for warning, safety, and signs required
by the FCC, no signage, lettering, symbols, images or trademarks will
be placed on or affixed to the fence or equipment building grounds.
No signage, lettering, symbols, images, or trademarks for any reason
will be placed on or affixed to towers/antennas.
(g)
Lighting.
Except as otherwise permitted in this division,
no signals, lights or illumination of any kind shall be permitted
on or directed toward any tower unless required by the FCC, the FAA
or other appropriate public authority. If lighting is required, planning
and zoning and the town council shall review the available lighting
alternatives and approve the design that would cause the least disturbance
to the surrounding views.
(h)
Abandonment.
Any antenna or tower (wireless communication
facility) that is not operated for a continuous period of six months
shall be considered abandoned. Determination of the date of abandonment
shall be made by the building inspector, who shall have the right
to request documentation from the owner/operator regarding the issue
of usage. Upon the determination of abandonment, the owner/operator
of the antenna or tower shall remove the tower/antenna/structure within
90 days of receipt of written notice from the building inspector notifying
the owner/operator of such abandonment. If such antenna or tower is
not removed within the 90 days, the council may remove such antenna
or tower at the owner’s/operator’s expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower/antenna. Before
a permit is issued, the applicant shall secure and deliver to the
town a cash deposit or performance bond with a AA rated (or better)
bonding or surety company for an amount reasonably determined by the
town to cover the cost of dismantling and removing an abandoned tower
and restoring the immediate area to its original condition existing
prior to construction. Such cash deposit or bond shall be in an amount
and form as may be reasonably determined by the town.
(1998 Code, sec. 155.112)
(a)
Application.
Complete applications for permit shall
be accompanied by the following information and fee:
(1)
Construction drawings showing the proposed method of installation.
(2)
The manufacturer’s recommended installation.
(3)
Each wireless communication facility must provide a $1,000,000 general
liability insurance certificate, to be issued by a company authorized
to do business in the state.
(4)
Certification by a structural or civil engineer registered by the
state that the proposed installation complies with the structural
requirements of the building code in effect.
(5)
Each applicant shall submit a scaled site plan showing the location
of the tower/antenna structure with a scaled elevation view and other
supporting drawings, calculations, and other documentation, signed
and sealed by appropriate professional engineers, showing the location
and dimensions of all improvements, including information concerning
topography, radio frequency coverage, tower height requirements, property
and setback lines, drives, parking fences, landscaping, easements,
power lines, adjacent uses, all structures, and other information
necessary to assess compliance with this division.
(6)
Plat upon which the site is built.
(7)
Any other information required by the town staff, attorney, or engineer.
(8)
Refer to the town’s master fee schedule in appendix A of this code for all associated fees. An application for permit is not considered complete and no action will be taken on said permit application until the staff has had the opportunity to review the application for completeness and the staff has responded to the applicant that the application is complete.
(b)
Once the application for permit is complete and all appropriate fees
paid, the application will be reviewed by the staff, attorney, and
engineer.
(c)
Once the technical review is complete, its consideration may be placed
on the next regular agenda of the planning and zoning commission for
approval or disapproval. A recommendation from planning and zoning
will be forwarded to town council.
(d)
Once approved by planning and zoning, its consideration shall be
placed on the next regular agenda of the town council. Factors the
town council and planning and zoning shall consider in approving an
application are:
(1)
Has the application met all technical review regulations and standards.
(2)
Height of the proposed tower.
(3)
Proximity of the tower to residential structures and residential
boundaries.
(4)
Nature of uses on adjacent and residential boundaries.
(5)
Surrounding topography.
(6)
Surrounding tree coverage and foliage.
(7)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(8)
Proposed ingress and egress.
(9)
Other requirements established under site plan review.
(10)
Availability of suitable existing towers or other structures. No
new tower shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the planning and zoning commission
and town council that no existing tower or structure can accommodate
the applicant’s proposed antenna. Evidence submitted to demonstrate
that no existing tower or structure can accommodate that applicant’s
proposed antenna may consist of the following:
(A)
No existing towers or structures are located within the geographic
area required to meet the applicant’s engineering requirements.
(B)
Existing towers or structures do not have sufficient structural
strength to support the applicant’s proposed antenna and related
equipment.
(C)
The applicant’s proposed antenna would cause electromagnetic
interference with the antennas on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant’s proposed antenna.
(D)
The applicant demonstrates that there are other factors that
render existing towers and structures unsuitable.
(1998 Code, sec. 155.113; Ordinance
adopting Code)
(a)
Location in residential district prohibited; setbacks.
Telecommunications towers and antennas are not permitted in any residential
zoning district and must be a minimum 2-to-1 distance-to-height ratio
from a residential district, roads and rail lines.
(b)
Tower spacing.
Any new telecommunications tower must
be located a minimum of one mile (1.6 km) from an existing tower.
(1998 Code, sec. 155.114)
(a)
Individual telecommunications antennas are allowed on existing electric
utility poles, light standards, and telecommunications towers. Individual
whip antennas shall not exceed ten feet in length, except whip antennas
15 feet or less in height are permitted on conforming billboard structures.
(b)
Panel antennas may be attached to but shall not exceed the height
of the structure to which they are attached.
(c)
Building-mounted panel antennas are permitted on nonresidential buildings
in the commercial district, providing that they are mounted flush
with the exterior of the building and that they do not project away
from the building wall more than ten inches from the surface of the
building to which they are attached. Radio-transparent coverings shall
be placed in such a manner as to hide all building-mounted panel antennas.
The covering’s appearance shall be such that its color and texture
blend with the surrounding surface of the building.
(d)
Whip antennas are permitted on nonresidential buildings in the area
of commercial zoning, providing that the total length of the whip
antennas, regardless of mounting method or location, does not exceed
ten feet in height above the height of the building.
(e)
Only one building/roof-mounted antenna or four panel antennas are
permitted per 5000 square feet of building floor area. This regulation
does not apply to town property.
(f)
Whip and panel antennas are not permitted in any residential zoning
district. This regulation does not apply to town property.
(1998 Code, sec. 155.115)
The town will provide a three-month approval process and waive
half the permit fee associated with approving a telecommunication
application when alternative mounting structures that camouflage or
conceal the presence of telecommunications antennas, towers, and facilities
ensure that landscapes are protected and the views of surrounding
structures are not impaired or diminished. Alternative mounting structures
must be similar in color, scale and character to adjoining buildings
or structures or blend with the landscaping and other surroundings
immediately adjacent to them so as to generally avoid the creation
of unique visual objects that stand out in the environment. (Alternative
mounting structure: a manmade tree, clock tower, church steeple, bell
tower, utility pole, light standard, flagpole or similar structure.)
(1)
Co-location.
Towers/antennas support structures must
be constructed to support a minimum of two cellular or PCS providers.
The owner of the tower must certify to the town that the tower is
available for use by other telecommunications service providers on
a reasonable and nondiscriminatory basis.
(2)
Wooded creek location (commercial district).
The town
encourages location of towers and structures in existing tree growth
and natural land along the creek in the commercial district. Certain
requirements may be reduced by the council in some cases.
(3)
Town property.
When town property is used as a location
for the wireless communication facility and a lease agreement is approved.
(1998 Code, sec. 155.116)
