(a)
The
regulations set forth in this article shall apply to fixed wireless
transmission tower facilities as hereinafter defined which are proposed
to be built within the city after the adoption of this article and
the regulations contained therein.
(b)
The
purpose of these regulations is to minimize the potential negative
impact caused by fixed wireless transmission tower facilities upon
surrounding or adjacent property by the application of reasonable
technical and development standards to the installation and placement
of fixed wireless transmission tower facilities.
(Ordinance adopted 2/18/19)
The following words, terms, and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
The radio, normally incorporating an internal antenna, mounted
to the customer’s premises by bracket mast or pole to allow
and facilitate the receipt and transmission of wireless digital electrical
communication impulses with the fixed wireless tower.
A system of radios transmitting and receiving digital electrical
impulses for communication between fixed locations. The system utilizes
a straight line, or line of sight signal path for minimal physical
obstruction of the radio electrical impulses.
The tower of sufficient height to provide the radios mounted
thereon a direct, line of sight path between the tower radio and the
customer premises radio for the transmission and receipt of wireless
digital communication electrical impulses.
The tower, mounted antennas, connecting cables, microwave
transmission antennas, and structures and appurtenances utilized to
aggregate the wireless digital communication electrical impulses and
connect them to the public switched telephone network and such other
wired and cabled facilities to connect with the internet backbone
and worldwide web and other digital services.
A structure anchored to the earth or anchored to another
structure affixed to the earth, the design of which may be freestanding
as a tripod or monopole or may be guyed to ground anchors, and the
purpose of which is to create an elevated platform to support wireless
transmitting and receiving radios.
(Ordinance adopted 2/18/19)
(a)
No
property within the corporate limits of the city may be used for the
siting and construction of fixed wireless tower facilities thereon
unless the owner or authorized agent of the owner of said property
shall have first obtained a wireless transmission facilities permit
for such use from the building inspector. The wireless transmission
facilities permit shall be in addition to all other permits otherwise
required by this code.
(b)
Only
property zoned agriculture - open space, general commercial, light
industrial, planned industrial, heavy industrial, or planned unit
or property upon which an existing power transmission line tower is
located and into which a fixed wireless transmission facility can
be incorporated, may be used for the siting and construction thereon
of a fixed wireless tower facility.
(Ordinance adopted 2/18/19)
(a)
The owner or authorized agent of the owner of property zoned as described in section 3.09.003 may apply for a wireless transmission facilities permit for the siting and construction thereon of fixed wireless tower facilities from the city building inspector.
(b)
No
such tower permit shall be issued for nor shall construction of such
facilities be initiated without the prior review and approval of the
building inspector of a sketch plan as part of the application for
a wireless transmission facilities permit. The building inspector
shall review the sketch plan for compliance with this article within
ten (10) working days after the receipt of the sketch plan. If a sketch
plan meets all the requirements of this article, the building inspector
shall so notify the applicant and the city council in writing. The
applicant may thereafter submit its final plan to the planning and
zoning commission through the building inspector. If a sketch plan
does not meet all the requirements of this article, the building inspector
shall notify the applicant in writing of the deficiencies of the sketch
plan so that the applicant may correct it and resubmit the plan. Any
resubmitted plan will be subject to the same review timetables as
if an originally submitted sketch plan.
(c)
No
permit shall be issued for nor shall construction of such facility
be initiated without the prior review and approval of the planning
and zoning commission and the city council of a final plan submitted
to the building inspector by the owner or his authorized agent as
part of the application for such permit. The planning and zoning commission
shall review the final plan for compliance with this article within
ten (10) working days after receipt of a final plan and shall approve
it if it meets all such requirements. Upon such approval, the building
inspector shall notify the city council of such approval in writing
and shall, within five (5) working days after approval by the planning
and zoning commission, forward the final plan to the city council.
The city council shall review the final plan for compliance with this
article within thirty (30) days after the receipt of the final plan.
If a final plan meets all the requirements of this article, the city
council shall approve the final plan. The city manager shall notify
the applicant in writing of the approval of the final plan and shall
further notify the building inspector of such approval. The building
inspector shall, within five (5) working days of receipt of such approval,
issue the wireless transmission permit. If, at any point in he process
of reviewing the final plan, it is determined that the plan does not
comply with the requirements of this article, the building inspector
shall so notify the applicant of such deficiencies of the final plan
so that the applicant may correct same and resubmit the plan. Any
resubmitted plan will be subject to the same review timetables as
if an originally submitted final plan.
(d)
Such
facility shall be subject to and must comply with the technical and
developmental standards of this article, to the minimum standards
in the zoning district in which the facility is located, and to such
additional conditions that the planning and zoning commission may
require in order to preserve and protect the character of the district
in which the proposed use is located.
(Ordinance adopted 2/18/19)
(a)
The
application for a permit shall include a sketch plan and a final plan.
(b)
A
sketch plan for the development of such facility shall be submitted
by an owner or his authorized agent to the building inspector for
his review and approval. The sketch plan shall describe the use and
general development concept for the entire tract, shall comply with
all of the applicable technical and development standards contained
in this article and shall contain the following:
(1)
Be drawn to a scale of one (1) inch equals one hundred (100) feet;
and
(2)
Include the following:
(A)
Existing and proposed roads and drainage;
(B)
General landscape areas and planting screens;
(C)
Curb cuts and drives;
(D)
Building setback lines;
(E)
A vicinity map which shows the relation of the proposed development
to the city; and
(F)
The names of the owners of all adjoining lots or tracts; and
(c)
After
review of the sketch plan, but prior to the issuance of any such facilities
permit or a building permit and prior to commencement of construction,
the applicant shall have approval of the planning and zoning commission
and city council of a final plan covering the entire tract or that
portion proposed for development. The final plan shall comply with
all of the applicable technical and development standards contained
in this article and shall include the following:
(1)
Be drawn to a scale of one (1) inch equals one hundred (100) feet;
(2)
Include the following:
(A)
Existing and proposed roads and drainage;
(B)
Landscaped buffer areas and planting screens;
(C)
Curb cuts, drives and parking areas;
(D)
The total square footage of the parking areas provided;
(E)
Building lines and the location of all structures;
(F)
The total square footage of building or structure provided;
(G)
The zoning of adjacent tracts;
(H)
The names of the owners of all adjoining lots or tracts;
(I)
A vicinity map which shows the location of the proposed development
within the city; and
(3)
Contain a certification by a registered professional land surveyor
that the boundaries have been surveyed and are true and correct and
that all encroachments, easements and rights-of-way are shown.
(Ordinance adopted 2/18/19)
The fee for the facilities permit is established by the city
council and shall be contained within the city’s adopted fee
schedule.
(Ordinance adopted 2/18/19)
A site plan approval by the city council shall be valid for
a period not to exceed twelve (12) months. If substantial construction
on the facility has not begun within six (6) months of the city council’s
approval, the approval shall expire and the applicant shall be required
to resubmit plans to the planning and zoning commission for approval
based on the latest technical and development standards.
(Ordinance adopted 2/18/19)
(a)
Technical standards.
The facility shall be subject to
the following technical standards:
(1)
Radio frequency emissions standards.
The applicant’s
engineer shall provide documentation that the proposed wireless transmission
facility meets or exceeds the standards of the American National Standards
Institute (ANSI) for professionally acceptable radio frequency emissions
standards.
(2)
Tower height.
Maximum tower height shall be one hundred
(100) feet for any tower base location within 1,500 feet of the southwest
building corner of the city hall. The maximum tower height shall be
two hundred (200) feet within the city limits beyond 1,500 feet of
the southwest building corner of said city hall, 535 N. Main St.
(3)
Structural requirements.
Prior to the approval of any
such subject tower in excess of thirty-five (35) feet in height, the
applicant shall provide the board of adjustment with written certification
from a registered structural engineer that the tower is able to minimally
withstand winds of seventy (70) miles per hour, as per the ANSI standards,
and/or one hundred (100) miles per hour and/or one hundred thirty
(130) mile per hour wind gusts, whichever is greater.
(4)
Shared use.
The shared use of existing towers or the
placement of towers less than thirty-five (35) feet in height at locations
adjacent to an existing tower or power transmission line tower, shall
be encouraged whenever possible, but not required.
(5)
The applicant shall state whether applicant shall permit shared use
of the proposed tower after completion. A letter of intent describing
proposed shared use terms, if any, shall be filed with the building
inspector together with any changes and amendments thereafter.
(b)
Development standards.
For subject towers the base of
which is located within 1,500 feet of the southwest building corner
of the city hall, 535 N. Main St.
(1)
Buffer, landscaping, screening and fencing.
For ground
structures and equipment buildings located in or abutting property
zoned residential (either immediately adjacent to such property or
across a public roadway), special care shall be taken to minimize
the effects on the adjacent residential area. The following shall
be considered minimum standards:
(A)
A minimum 50-foot buffer strip shall be required on the outer perimeter
of the property, abutting property currently zoned for residential
or commercial use. No internal roads or driveways, parking areas,
structures or storage of material shall be allowed within the buffer
strip. This standard shall not supersede any existing or future agreements
or regulations that may provide for a greater buffer strip than outlined
above.
(B)
The buffer strip shall consist of plantings and physical features
sufficient to screen the view beginning at a specified level, reduce
glare and noise, and provide greater privacy for nearby residential
uses. The buffer shall be initially installed for the permanent year-round
protection of adjacent property by visually shielding internal activities
from adjoining property from ground level view to a minimum height
of six (6) feet. A landscaping plan detailing the type, substance,
design, width, height, opacity, growing period to maturity, time schedule
for installation, and responsibility for perpetual maintenance of
the buffer strip shall be submitted to and approved by the planning
and zoning commission.
(C)
The landscaping provisions of this section may be varied or reduced
if the proposed plan provides for unique and innovative landscaping
treatment or physical features that, in the opinion of the planning
and zoning commission, meet the intent and purpose of this section.
In instances where significant physical features exist (i.e., railroads,
major roads, and utility easements, etc.) which in the opinion of
the planning and zoning commission provide adequate buffering between
land uses, the existing buffers may be used to meet landscaping provisions
of this section.
(D)
Security fencing shall be required around the area of the wireless
transmission facility.
(E)
Wireless transmission facilities mounted on a building or structure
in a commercial district shall be screened and/or designed to blend
visually with the roof and/or structure and surroundings where mounted.
Such methods and materials shall require approval by the board of
adjustment. Customer premises equipment is exempt from this requirement.
(2)
Off-street parking.
At least one (1) off-street parking
space shall be provided per subject facility.
(3)
Lighting.
Outside lighting, if required for safety and
security purposes, shall be arranged so as to minimize glare and reflection
on adjacent residential properties and public streets. Subject tower
facilities shall not be artificially lighted unless required by the
Federal Aviation Administration or other governmental authority.
(4)
Vehicle access control.
The location and design of driveways
and/or accesses to reach such facility from a public street shall
be approved by the planning and zoning commission.
(5)
Setbacks.
The minimum distance from the base of the
tower to any right-of-way and adjoining property line shall be equivalent
to or greater than the height of the tower plus ten (10) feet. No
buildings or structures, except for associated appurtenances, shall
be located within the setback area, thereby providing a clear fall
zone for the tower to any right-of-way and adjoining property line.
The setbacks for all associated appurtenances, including buildings,
cabinets, structures and facilities, shall correspond with the minimum
setbacks established by this section and of the zoning district in
which the use is proposed.
(Ordinance adopted 2/18/19)
(a)
The
owner or his authorized agent shall provide the city with a letter
of certification from the design engineers (electrical, structural
and civil) indicating that the subject facility was constructed according
to the plans approved by the city. The letter shall be submitted within
forty-five (45) days of completion of the facility.
(b)
The
owner or his authorized agent shall provide the city with a certified
copy of an annual inspection report prepared by a qualified tower
inspector, which includes, but is not limited to:
(Ordinance adopted 2/18/19)
(a)
The
owner or his authorized agent, at his sole cost and expense, shall
be responsible for the removal of all buildings, cabinets, structures
and facilities, and appurtenances relating to the subject facility
constructed and situated upon his property permitted for such use
within thirty (30) days of the discontinuation of the property as
a wireless transmission facility.
(b)
The
owner of property upon which a subject tower facility is situated,
or his authorized agent, shall give the city notice in writing thirty
(30) days prior to an anticipated discontinuation of use of his property
as a wireless transmission facility. If the discontinuation of use
as a wireless transmission facility shall occur prior to the expiration
of thirty (30) days, then the owner, or his authorized agent, shall
give such notice of discontinuation within ten (10) days of learning
of the anticipated discontinuation.
(c)
Legal
use of the property for a subject facility shall be deemed discontinued
when all facility users have vacated the site for a minimum period
of sixty (60) days.
(d)
The
owner, or his authorized agent, shall, at the time of giving notice
to city of the anticipated discontinuation of the use of the property
as a subject facility, post a performance bond payable to the city
in the full amount of the cost of removal of the buildings, cabinets,
structures and facilities, and appurtenances relating to the subject
facility.
(e)
Upon
the removal of the buildings, cabinets, structures and facilities,
and appurtenances relating to the subject tower facility by the owner
to the satisfaction of the city and in accordance with this article,
the city shall release the bond to the owner.
(f)
In
the event that fewer than all of the users of a subject tower facility
vacate the facility, it shall be the responsibility of the remaining
facility user and the owner to maintain the site in accordance with
the approvals granted by the city. Each remaining user that vacates
the property shall be responsible for removal of their respective
buildings, cabinets, structures and facilities, and other appurtenances,
at their expense.
(Ordinance adopted 2/18/19)
It shall be unlawful to commence the excavation for the construction
of any wireless transmission facility, including all associated appurtenances,
until the building inspector has issued a wireless transmission facilities
permit and any building permit for such work required by this code.
(Ordinance adopted 2/18/19)
A person who violates any provision of this article regarding
a wireless transmission facility is subject to prosecution for a class
C misdemeanor.
(Ordinance adopted 2/18/19)
