A.
The
purpose of this chapter is to establish general guidelines for the
siting of wireless communications towers and antennas. The goals of
this chapter are to:
1.
Protect
residential areas and land uses from potential adverse impacts of
towers and antennas;
2.
Encourage
the location of towers in nonresidential areas;
3.
Minimize
the total number of towers throughout the community;
4.
Strongly
encourage the joint use of new and existing tower sites as a primary
option rather than construction of additional single use towers;
5.
Encourage
users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal;
6.
Encourage
users of towers and antennas to configure them in a way that minimizes
the adverse visual impact of the towers and antennas through careful
design, siting, landscape screening, and innovative camouflaging techniques;
7.
Enhance
the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively, and efficiently;
8.
Consider
the public health and safety of communication towers; and
9.
Avoid
potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures.
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In furtherance of these goals, the town shall give due consideration
to the town’s master plan, zoning map, existing land uses, and
environmentally sensitive areas in approving sites for the location
of towers and antennas.
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(Ordinance 03-05 adopted 2003)
As used in this chapter, the following terms shall have the
meanings set forth below:
Manmade trees, clock towers, bell steeples, light poles and
similar alternative design mounting structures that camouflage or
conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The lines that connect a provider’s towers/cell sites
to one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
The town land use development code, Ordinance 99-05, as amended.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date hereof.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative tower structures,
and the like. The term includes the structure and any support thereto.
(Ordinance 03-05 adopted 2003)
B.
Amateur
radio station operators/receive only antennas.
This chapter
shall not govern any tower, or the installation of any antenna, that
is under seventy feet (70') in height and is owned and operated by
a federally licensed amateur radio station operator or is used exclusively
for receive only antennas.
C.
Preexisting
towers or antennas.
Preexisting towers and preexisting
antennas shall not be required to meet the requirements of this chapter,
other than the requirements of subsections 15.32.040.F and G of this
chapter.
D.
AM
arrays.
For purposes of implementing this chapter, an
AM array, consisting of one or more tower units and supporting ground
system which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
(Ordinance 03-05 adopted 2003; Ordinance 09-19 adopted 2009)
A.
Principal
or accessory use.
Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
B.
Lot
size.
For purposes of determining whether the installation
of a tower or antenna complies with district development regulations,
including, but not limited to, setback requirements, lot coverage
requirements, and other such requirements, the dimensions of the entire
lot shall control, even though the antennas or towers may be located
on leased parcels within such lot.
C.
Inventory
of existing sites.
Each applicant for an antenna and/or
tower shall provide to the code administrator an inventory of its
existing towers, antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of the town or within one
mile of the border thereof, including specific information about the
location, height, and design of each tower. The code administrator
may share such information with other applicants applying for administrative
approvals or special use permits under this chapter or other organizations
seeking to locate antennas within the jurisdiction of the town, provided,
however that the code administrator is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
D.
Aesthetics.
Towers and antennas shall meet the following requirements:
1.
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.
2.
At
a tower site, the design of the buildings and related structures shall,
to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
3.
If
an antenna is installed on a structure other than a tower, the antenna
and supporting electrical and mechanical equipment must be of a neutral
color that is identical to, or closely compatible with, the color
of the supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible.
E.
Lighting.
Towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is required, the
lighting alternatives and design chosen must cause the least disturbance
to the surrounding views and shall comply with the town dark skies
ordinance, Ordinance 99-2 [07-02].
F.
State
or federal requirements.
All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this chapter
shall bring such towers and antennas into compliance with such revised
standards and regulations within six (6) months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner’s expense.
G.
Building
codes; safety standards.
To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the town concludes that a tower fails to
comply with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have thirty (30) days to bring such tower into compliance
with such standards. Failure to bring such tower into compliance within
said thirty (30) days shall constitute grounds for the removal of
the tower or antenna by the town at the owner’s expense.
H.
Measurement.
For purposes of measurement, tower setbacks and separation distances
shall be calculated and applied to facilities located in the town.
I.
Nonessential
services.
Towers and antennas shall be regulated and
permitted pursuant to this chapter and shall not be regulated or permitted
as essential services, public utilities, or private utilities.
J.
Franchises.
Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the town have been obtained
and shall file a copy of all required franchises with the code administrator.
K.
Public
notice.
For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection 15.32.060.B.5.b(2) [15.32.060.B.5.a(2)] of this chapter, in addition to any notice otherwise required by the LUDC, section 16.12.040.5 of this code.
L.
Signs.
No signs shall be allowed on an antenna or tower.
M.
Buildings
and support equipment.
Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 15.32.070 of this chapter.
N.
Multiple
antenna/tower plan.
The town encourages the users of
towers and antennas to submit a single application for approval of
multiple towers and/or antenna sites. Applications for approval of
multiple sites shall be given priority in the review process.
(Ordinance 03-05 adopted 2003; Ordinance 09-19 adopted 2009)
A.
General.
The uses listed in this section are deemed to be permitted uses
and shall not require administrative approval or a special use permit.
B.
Permitted
uses enumerated.
The following uses are specifically
permitted:
Antennas for receipt of broadcast signals for private and not
commercial use on private residences so long as such antennas do not
exceed ten feet (10') above the roofline and a maximum dimension of
twenty-four inches by twenty-four inches (24" x 24").
Antennas or towers located on property owned, leased, or otherwise
controlled by the town provided a license or lease authorizing such
antenna or tower has been approved by the town.
Wireless antenna up to five feet (5') above the roofline of
any building and a maximum dimension of twenty-four inches by twenty-four
inches (24" x 24").
(Ordinance 03-05 adopted 2003)
A.
General.
No tower or antenna shall be located within the town unless a special use permit in compliance with sections 16.16.210, 16.08.020.3 (definition of “special use”), and 16.12.040.5 of this code, is obtained. The following provisions shall govern the issuance of special use permits for towers or antennas by the planning commission:
1.
If the tower or antenna is not a permitted use under section 15.32.050 of this chapter, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
2.
Applications for special use permits under this section shall be subject to the procedures and requirements of sections 16.12.040.5 and 16.16.210 of this code, except as modified in this section.
3.
In
granting a special use permit, the planning commission may impose
conditions to the extent the planning commission concludes such conditions
are necessary to minimize any adverse effect of the proposed tower
on adjoining properties.
4.
Any
information of an engineering nature that the applicant submits, whether
civil, mechanical, or electrical, shall be certified by a licensed
professional engineer.
5.
An
applicant for a special use permit shall submit the information described
in this section and a nonrefundable fee as established by resolution
of the town council to reimburse the town for the costs of reviewing
the application.
B.
Towers.
1.
Information
required.
In addition to any information required for applications for special use permits, pursuant to sections 16.12.040.5 and 16.16.210 of this code, applicants for a special use permit for a tower shall submit the following information:
a.
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning classification of the site and all properties within the applicable separation distances set forth in subsection B.5 of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the code administrator to be necessary to assess compliance with this chapter.
b.
Legal description of the parent tract and leased parcel (if applicable).
c.
The setback distance between the proposed tower and the nearest residential
unit and residentially zoned properties.
d.
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to subsection 15.32.040.C of
this chapter shall be shown on an updated site plan or map. The applicant
shall also identify the type of construction of the existing tower(s)
and the owner/operator of the existing tower(s), if known.
e.
A landscape plan showing specific landscape materials.
f.
Method of fencing, and finished color and, if applicable, the method
of camouflage and illumination.
g.
A description of compliance with subsections 15.32.040.C, D, E, F,
G, J, L and M of this chapter and B.4 and B.5 of this section and
all applicable federal, state or local laws.
h.
A notarized statement by the applicant as to whether construction
of the tower will accommodate colocation of additional antennas for
future users.
i.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the town.
j.
A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed new tower.
k.
A description of the feasible location(s) of future towers or antennas
within the town based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower is erected.
2.
Factors
considered in granting special use permits for towers.
In addition to any standards for consideration of special use permit
applications the planning commission shall consider the following
factors in determining whether to issue a special use permit, although
the planning commission may waive or reduce the burden on the applicant
of one or more of these criteria if the planning commission concludes
that the goals of this chapter are better served thereby:
a.
Height of the proposed tower;
b.
Proximity of the tower to residential structures and residential
district boundaries;
c.
Nature of uses on adjacent and nearby properties;
d.
Surrounding topography;
e.
Surrounding tree coverage and foliage;
f.
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
g.
Proposed ingress and egress; and
3.
Availability
of suitable existing towers, other structures, or alternative technology.
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the planning commission that no
existing tower, structure or alternative technology that does not
require the use of towers or structures can accommodate the applicant’s
proposed antenna. An applicant shall submit information requested
by the planning commission related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant’s proposed antenna
may consist of any of the following:
a.
No existing towers or structures are located within the geographic
area which meet applicant’s engineering requirements.
b.
Existing towers or structures are not of sufficient height to meet
applicant’s engineering requirements.
c.
Existing towers or structures do not have sufficient structural strength
to support applicant’s proposed antenna and related equipment.
d.
The applicant’s proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant’s proposed antenna.
e.
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
f.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
g.
The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable microcell
network using multiple low powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
4.
Setbacks.
The following setback requirements shall apply to all towers
for which a special use permit is required; provided, however, that
the planning commission may reduce the standard setback requirements
if the goals of this chapter would be better served thereby:
5.
Separation.
The following separation requirements shall apply to all towers
and antennas for which a special use permit is required; provided,
however, that the planning commission may reduce the standard separation
requirements if the goals of this chapter would be better served thereby.
a.
Separation from off-site uses/designated areas.
(1)
Tower separation shall be measured from the base of the tower to
the lot line of the off-site uses and/or designated areas as specified
in table 1 of this section, except as otherwise provided in table
1 of this section.
(2)
Separation requirements for towers shall comply with the minimum
standards established in table 1 of this section.
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TABLE 1
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|---|---|
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Off-Site Use/Designated Area
|
Separation Distance
|
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Single-family or duplex residential units1
|
200 feet or 300 percent height of tower whichever is greater
|
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Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
200 feet or 300 percent height of tower2 whichever is greater
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Vacant unplatted residentially zoned lands3
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100 feet or 100 percent height of tower whichever is greater
|
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Existing multi-family residential units greater than duplex
units
|
100 feet or 100 percent height of tower whichever is greater
|
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Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
|
|
Notes:
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|---|---|
|
1.
|
Includes modular homes and mobile homes used for living purposes.
|
|
2.
|
Separation measured from base of tower to closest building setback
line.
|
|
3.
|
Includes any unplatted residential use properties without a
valid preliminary subdivision plan or valid development plan approval
and any multi-family residentially zoned land greater than duplex.
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b.
Separation distances between towers.
(1)
Separation distances between towers shall be applicable for and measured
between the proposed tower and preexisting towers. The separation
distances shall be measured by drawing or following a straight line
between the base of the existing tower and the proposed base, pursuant
to a site plan, of the proposed tower.
(2)
The separation distances (listed in linear feet) shall be as shown
in table 2 of this section.
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TABLE 2. EXISTING TOWERS - TYPES
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|---|---|---|---|---|
|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
|
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
6.
Security
fencing.
Towers shall be enclosed by security fencing
not less than six feet (6') in height and shall also be equipped with
an appropriate anticlimbing device; provided, however, that the planning
commission may waive such requirements, as it deems appropriate.
7.
Landscaping.
The following requirements shall govern the landscaping surrounding
towers for which a special use permit is required; provided, however,
that the planning commission may waive such requirements if the goals
of this chapter would be better served thereby:
a.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from property
used for residences. The standard buffer shall consist of a landscaped
strip at least four feet (4') wide outside the perimeter of the compound.
b.
Existing mature tree growth and natural landforms on the site shall
be preserved to the maximum extent possible.
(Ordinance 03-05 adopted 2003; Ordinance 09-19 adopted 2009)
A.
Antennas
mounted on structures or rooftops.
The equipment cabinet
or structure used in association with antennas shall be located on
the ground and not on the roof of the structure.
B.
Antennas
mounted on utility poles, light poles and towers.
1.
Residentially
zoned areas.
The equipment cabinet or structure used
in association with antennas shall be located in the rear or side
of the lot and screened from public view by a fence or hedge. The
cabinet or structure shall be no greater than fifteen feet (15') in
height.
2.
Commercial
or industrial districts.
In commercial or industrial
districts the equipment cabinet or structure shall be no greater than
twenty feet (20') in height. The structure or cabinet shall be screened
by an evergreen hedge with an ultimate height of six feet (6') and
a planted height of at least thirty-six inches (36"). The structures
or cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or
cabinet by a solid fence six feet (6') in height or an evergreen hedge
with an ultimate height of six feet (6') and a planted height of at
least thirty-six inches (36").
(Ordinance 03-05 adopted 2003)
Any antenna or tower that is not operated for a continuous period
of twelve (12) months shall be considered abandoned, and the owner
of such antenna or tower shall remove the same within ninety (90)
days of receipt of notice from the town notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within
said ninety (90) days shall be grounds to remove the tower or antenna
at the owner’s expense. If there are two (2) or more users of
a single tower, then this provision shall not become effective until
all users cease using the tower.
(Ordinance 03-05 adopted 2003)
A.
Nonexpansion
of nonconforming use.
Towers that are constructed, and
antennas that are installed, in accordance with the provisions of
this chapter shall not be deemed to constitute the expansion of a
nonconforming use or structure.
B.
Preexisting
towers.
Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this chapter.
C.
Rebuilding
damaged or destroyed nonconforming towers or antennas.
Notwithstanding section 15.32.080 of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in section 15.32.080 of this chapter.
(Ordinance 03-05 adopted 2003)
