[Ord. No. 367-99, 5-17-1999]
The general purpose of this article is to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this article are:
(1) 
To regulate the location of towers and telecommunications facilities in the City;
(2) 
To protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities;
(3) 
To minimize adverse visual impact of towers and telecommunications facilities through careful design, landscaping and innovative camouflaging techniques;
(4) 
To promote and encourage shared use of collocation towers and antenna support structures as a primary option, rather than construction of additional single use towers;
(5) 
To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound;
(6) 
To ensure that towers and telecommunications facilities are compatible with surrounding land uses; and
(7) 
To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in orderly fashion.
[Ord. No. 367-99, 5-17-1999; Ord. No. 2040-26, 6-2-2026]
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this article, except, where the context clearly indicates a different meaning:
ANTENNA SUPPORT STRUCTURE
Any building or other structure 45 feet in height or taller and which complies with maximum height allowed in the district in which it is located, other than a tower, which can be used for location of telecommunications facilities.
APPLICANT
Any individual that applies for a tower development permit.
APPLICATION
The process by which an applicant submits a request to develop, construct, build, operate, modify or erect a tower. The application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
ARCHITECT
Any registered architect duly licensed by the state offering or performing any service, work or act or thing within the scope of the practice of architecture.
CAMOUFLAGE
The design of a tower or telecommunications facilities to minimize a visual impact and to blend into the surrounding environment. The term "camouflage" does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs.
CITY
The City of Albertville.
DESIGNATED CITY ENGINEER
That engineer duly licensed by the State Board of Licensure for Professional Engineers and Land Surveyors and appointed or contracted by the City Council.
ENGINEER
Any engineer licensed in the appropriate field by the state.
INDIVIDUAL
Any individual, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.
OWNER
Any individual with fee title, or with written permission from an individual with fee title, to any plot of land within the City and its police jurisdiction who desires to develop, construct, build, operate, modify or erect a tower upon said land.
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which an individual seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include the following:
(1) 
Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or
(2) 
Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.
TOWER
A self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities.
[Ord. No. 367-99, 5-17-1999; Ord. No. 2040-26, 6-2-2026]
(a) 
Zoning requirements.
(1) 
A tower shall be a permitted use in Zoning Districts B-1, B-2, B-3, M-1 and M-2. A tower shall be a prohibited use in Zoning Districts R-1, R-2, R-3, R-4, R-5 and R-6. No individual shall build, erect or construct a tower upon any plot of land within the City limits of the City and its police jurisdiction without first having been granted planning approval by the Planning Commission of the City in the manner provided in this article. The requirements of this article may be waived or modified by the Planning Commission under § 6-138(b).
(2) 
To encourage collocation and to minimize the number of telecommunication towers, such towers shall be evaluated as an accessory use on or attached to any structure, including existing telecommunications towers, with Planning Commission approval.
(3) 
A tower may be located in an approved zone on a lot containing other principal uses. The facility may be located within an area smaller than the minimum lot size of the applicable zoning district provided the lot on which it is located complies with the applicable minimum lot size or is a legal nonconforming lot. The area within which the telecommunications facilities are located shall be subject to all other requirements of this article unless otherwise provided herein.
(b) 
Application for planning approval and permits.
(1) 
Application to appear before the Planning Commission must be submitted to the City Building Inspector, in writing, no less than 10 days prior to the next regularly scheduled monthly meeting of the Planning Commission. A special meeting may be called, at the discretion of the Chair of the Planning Commission, no earlier than 10 days after the application is received. The application must be accompanied by two sets of drawings consisting of site plans, constructions plans and stormwater retention plans. Stormwater retention plans are only required if the same are applicable, and therefore must be approved by the designated City Engineer. All drawings shall be to scale and show property dimensions and dimensions of all structures located on the property and the dimensions to all property lines, stamped, dated and signed by a properly licensed engineer or architect. The application shall include all other requirements set forth in this article. The applicant shall be required to meet all other requirements set forth in this article.
(2) 
The City Building Inspector may issue permits to build, erect or construct a tower upon a plot of land within the City limits of the City only after approval by the Planning Commission of the City has been obtained, in writing, by the applicant.
(3) 
The building permit shall not be transferable and shall be issued only to the applicant. The permit shall expire if the foundation work for the entire scope of the permitted project has not been completed within one year of the date of issuance. Request for a one-time, one-year extension submitted in writing to the City Building Inspector, prior to the expiration of the permit, and no less than 10 days prior to the next scheduled meeting of the Planning Commission, will be considered by the Planning Commission.
(c) 
Towers shall be permitted to a height of 200 feet. Towers may be permitted in excess of the maximum height in accordance with § 6-126(a) only after approval has been obtained from the Planning Commission of the City.
(d) 
The City may authorize the use of City property in appropriately zoned districts in accordance with applicable law; however, the City shall have no obligation whatsoever to use City property for such purposes.
(e) 
No new tower shall be built, constructed or erected in the City unless such tower is capable of supporting two other individuals operating telecommunications facilities comparable in weight, size and surface area to the applicant's final design at a fair and reasonable rate. For the purposes of this subsection, "applicant's final design" shall mean the telecommunications facilities installed on the applicant's tower within six months of the completion of tower construction.
(f) 
Application to develop a tower shall include:
(1) 
The name, address and telephone number of the owner and/or lessee of the parcel of land upon which the tower is to be situated, the written consent of the owner, documentation showing that all possible avenues for sharing space have been exhausted and an affidavit stating that space on the proposed tower will be made available to future users on a for market basis. Any modifications to the facility to accommodate the collocated antenna shall be born by the collocating telecommunications carrier.
(2) 
The legal description, parcel identification number, key number and address of the parcel upon which the tower is situated.
(3) 
The names, addresses and telephone numbers of all owners of the other towers or usable antenna support structures within a 3,000-foot radius of the proposed new tower site, including the City-owned property. The applicant must demonstrate by provisions of an affidavit that the telecommunications antenna to be attached to the proposed telecommunications tower cannot be accommodated on those existing structures or an approved telecommunications tower site located within 3,000-foot radius of the proposed telecommunications tower due to one or more of the following reasons:
a. 
The telecommunications antenna would exceed the structural capacity of the existing structure or approved telecommunications tower;
b. 
The telecommunications antenna could cause radio frequency (RF) or other types of interference with telecommunications system planning or the use and operation of existing telecommunications antenna located on the current structure or approved telecommunications tower site;
c. 
The existing structure or approved telecommunications tower site does not have the telecommunications network capacity at the required height, or adequate space or area upon which to locate or operate the necessary equipment, or by which additional telecommunications antenna and equipment can be placed and operated effectively and reasonably; or
d. 
Other reasons, as determined by the Planning Commission, that make it impracticable to place the equipment planned by the applicant on existing and approved towers and other appropriate structures or the leased property.
(4) 
Written documentation that the applicant:
a. 
Made diligent but unsuccessful efforts for a minimum of 45 days prior to the submission of the application to install or collocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by the City and other individuals located within a 3,000-foot radius of the proposed tower site.
b. 
Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another individual's tower or usable antenna support structure located within 3,000-foot radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless telecommunications.
(5) 
Written technical evidence from an architect or engineer that the proposed structure meets the standards set forth in § 6-125, Structural requirements, of this article.
(6) 
Written technical evidence from an engineer that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals within the site.
(7) 
A map of the City and its police jurisdiction including its police jurisdiction and the first 3,000 feet of all bordering communities showing the design and location of the applicant's entire existing wireless telecommunications network. Said map shall also show the location of the proposed tower and antenna sites which are the subject of the application, their dimensions and specifications of the site.
(8) 
Certification from an engineer documenting collocation capability of the applicant's telecommunications tower. The applicant must also furnish copies and proof of notification of the proposed location at a specific site to other telecommunications carriers with potential interest in collocation by certificate of mailing through the United States Postal Service. The notice shall disclose the identity of the applicant, the type of tower, the exact location of the tower and an invitation to collocate and, if collocation is desired, to furnish the applicant in writing with details of their need, i.e., height, type of antenna, wave guide size and part number, and footprint for equipment, within 30 days of receipt of the notice.
[Ord. No. 367-99, 5-17-1999]
All towers shall be set back as follows:
In B-1, B-2, B-3, M-1, and M-2 Zones in which a telecommunications tower is a permitted use, the setbacks for such towers or their associated equipment structures shall be:
Monopole tower:
Front
100 feet
Sides
5 feet
Rear
5 feet
Self-supporting tower:
Front
150 feet
Sides
5 feet
Rear
5 feet
Guyed tower:
Front
100% of tower height
Sides
100% of tower height
Rear
100% of tower height
With the exception of the separation or buffer requirements listed under § 6-126(a) and (b). The parcel or lease parcel on which any tower and its associated equipment structures are to be constructed shall be of sufficient size to meet the setback requirement outlined in this article and the fencing and landscaping requirements outlined in §§ 6-129 and 6-130.
[Ord. No. 367-99, 5-17-1999; Ord. No. 2040-26, 6-2-2026]
All towers, accessory buildings or structures shall require a building permit and other permits normally required by the City and must be designed and certified by an architect or engineer to be structurally sound and, at minimum, in conformance with the current standard building code as adopted by the City, as may be amended from time to time, and any other standards outlined in this section. Any accessory building or structure serving the tower shall be designed to be reasonably compatible with the architecture and physical character of the immediate neighborhood.
(1) 
Towers must be located and equipped with step bolts and ladders to provide ready access for inspection purposes.
(2) 
Guide wires or other tower accessories must not cross or encroach upon any street or other public place or over any electric power lines or trespass upon any other privately owned property without written consent of the owner.
(3) 
All towers must be constructed of approved corrosion-resistant noncombustible material. The minimum type of construction for isolated radio towers, not more than 100 feet in height, must be of Type IV.
(4) 
Towers must be designed to resist wind loads in accordance with the American Society of Civil Engineers (ASCE) 7-88 minimum load design standards under the International Building Code as adopted by the City, the Electronics Industry Standard and the Telecommunications Industry Standard (EIS/TIS), 222-E Standards, as published by the Electronic Industries Association, which may be amended from time to time. The proposed tower shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties.
(5) 
All towers must be permanently and effectively grounded.
[Ord. No. 367-99, 5-17-1999]
(a) 
Towers shall be separated from all residentially zoned lands by a minimum of 200 feet or a distance equal to 150% of the height of the proposed tower, whichever is greater. Reductions to the setback requirements for monopole or self-supporting towers may be considered by the City Planning Commission under the following circumstances and under § 6-138(b):
(1) 
Camouflaging or stealthing techniques approved by the Planning Commission are incorporated into the design of the telecommunications tower.
(2) 
Full compliance with all setbacks would result in the removal of mature trees which would otherwise be saved by reducing the setback.
(3) 
The line of sight is obscured from primary vehicular and pedestrian movements on the adjacent properties by intervening buildings, trees, landscaping or other such screen.
(4) 
Compliance with the additional setback would prevent collocation.
(5) 
Increased buffering and mitigation techniques are introduced.
(b) 
Tower separation distances for the purpose of compliance with this section shall be measured from the base of a tower to the closest point of residentially zoned land.
(c) 
The distance between the base of the tower and any building or structure which is a federally designated historical building or structure shall be equal to 150% of the height of the tower.
[Ord. No. 367-99, 5-17-1999]
Measurement of tower height for the purpose of determining compliance with all requirements of this article shall include the tower structure itself, the base pad, and any other telecommunications facilities attached hereto. Tower height shall be measured from grade.
[Ord. No. 367-99, 5-17-1999]
Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower, and when required by federal law, dual mode lighting shall be required, unless restricted by the FAA; provided, however, no towers shall be equipped with strobe or flashing lights which may be determined to be a nuisance.
[Ord. No. 367-99, 5-17-1999]
A security fence consisting of nine-gauge galvanized chain link fabric, eight feet in height, measured from the finished grade of the site, with an additional three strands of barbed wire facing outward, shall be installed around tower sites, including the tower structure itself, the base pad and any other telecommunications facilities or associated structures. Unless more stringent fencing regulations are required by FCC regulatory committees, the City Planning Commission may require a minimum six-foot masonry wall or other decorative type fence measured from the finished grade of the tower site and further require that said fence be compatible with the area around the tower site. For purposes of identification of this section, a finished masonry wall includes, but is not limited to, stucco, brick or any other decorative cover or finish. The Planning Commission may waive or modify the requirements of the aforementioned section, at its discretion, under § 6-138(b).
[Ord. No. 367-99, 5-17-1999]
If the tower site is abutting any public right-of-way or residentially developed or zoned property, the tower site shall be screened on such sides that may be visible from said rights-of-way or property with landscape buffering consisting of tight evergreen hedge not less than six feet in height which must be 100% opaque within one year of planting and located outside of the security fence, unless otherwise approved by the City Planning Commission. If the tower site is not immediately abutting a right-of-way or residentially developed or zoned property and the zoning lots abutting the public right-of-way or residentially developed or zoned property do not have any landscape buffering, the tower site must be landscaped if it is visible at ground level from the nearest public right-of-way or residentially developed or zoned property. If required, the landscaping buffer shall consist of a row of shade trees compatible to the area, a minimum of 10 feet apart, and a tight evergreen hedge not less than six feet tall around the perimeter of the security fence or wall. All landscape buffering must be maintained by the tower owner during the term of the tower site lease or the operation of the tower, whichever is longer. Existing trees shall be preserved to the maximum extent possible, and may be used as a substitute for or in supplement towards meeting the landscaping requirements, provided such substitution or supplementation provides effective screening. The City Planning Commission may require landscaping in excess of the aforementioned requirements in this section, in order to enhance the compatibility with surrounding areas, or the requirements may be waived or modified according to § 6-138(b).
[Ord. No. 367-99, 5-17-1999]
No equipment shall be operated at towers and telecommunications facilities so as to produce noise in excess of applicable noise standards or ordinances adopted by the City and in effect at the time and as may be amended from time to time, except during emergencies, or periodic routine maintenance which requires the use for a backup generator, where the noise standard may be temporarily exceeded.
[Ord. No. 367-99, 5-17-1999]
(a) 
The Federal Telecommunications Act of 1996 (FTA) gives the FCC sole jurisdiction to regulate radio frequency (RF) emissions, and telecommunications towers which meet the FCC standard shall not be conditioned or denied on the basis of RF impacts.
(b) 
In order to provide information to its citizens, copies of ongoing FCC information concerning telecommunications towers and facilities and radio frequency emission standards shall be made available. Applicants for tower sites shall be required to provide information on the projected power density of the facility and how this meets the FCC standards
[Ord. No. 367-99, 5-17-1999]
All parcels upon which towers are located must provide paved access to a minimum of one paved vehicular parking space on site.
[Ord. No. 367-99, 5-17-1999; Ord. No. 2040-26, 6-2-2026]
(a) 
Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
(b) 
Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electrical Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.
(c) 
All tower sites, towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good order, repair and clean condition so that same shall not menace or endanger the life or property of any individual. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunications tower unless said equipment is being used for maintenance or repairs to the tower.
(d) 
In the event the use of a tower is discontinued by the tower owner, or if the tower owner ceases to operate the tower, the tower owner shall provide written notice to the City of its intent to discontinue use or cease operations, and the date when the use shall discontinue. All abandoned or unused telecommunications facilities shall be removed by the tower owner/operator within 90 days of the cessation of use, unless ownership and use thereof have been transferred to a third party. A tower shall be considered abandoned if use has been discontinued for 180 consecutive days. Telecommunications towers being utilized for other purposes, including but not limited to light standard and power poles, may be exempted from this provision by the City Planning Commission, which may extend this time period or waive this requirement if it is shown that the facility has not been abandoned.
(e) 
The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, et cetera, shall be strictly prohibited. This does not apply where an outdoor advertising sign is used at the base foundation for an antenna installation.
[Ord. No. 367-99, 5-17-1999]
All towers and telecommunications facilities shall be of camouflage design standards. Examples of camouflage facilities include, but are not limited to, architecturally screened roof-mounted antenna, antennas integrated into architectural elements and telecommunications towers designed to blend into the surrounding environments or to look other than a tower as light poles, power poles and trees. At a minimum, all towers not requiring FAA designate marking shall have an exterior finish which is galvanized or painted a dull blue, gray or black.
[Ord. No. 367-99, 5-17-1999]
Any telecommunications facilities which are not attached to a tower may be permitted as an accessory use to any antenna support structure at least 45 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of the said structure shall, by written certification to the Building Inspector of the City, establish the following at the time plans are submitted for a building permit:
(1) 
The telecommunications facilities shall not extend more than 20 feet above the maximum height of the antenna support structure.
(2) 
The antenna support structure and telecommunications facilities comply with the current Building Code as adopted by the City and as may be amended from time to time.
(3) 
Any telecommunications facilities and their appurtenances located upon the roof of an antenna support structure are set back at least one foot from the edge of the roof of the antenna support structure. However, this setback requirement shall not apply to the following:
a. 
Telecommunications facilities and their appurtenances located above the roof of an antenna support structure if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques by the City; or
b. 
Camouflage antennas which are mounted to the exterior of antenna support structures below the roof but which do not protrude more than 24 inches from the side of such an antenna support structure.
(4) 
Requirements of § 6-136 may be waived or modified by the City Planning Commission approval, upon written application to the City Planning Commission.
[Ord. No. 367-99, 5-17-1999]
Any existing or approved telecommunications tower may be modified, replaced, demolished and rebuilt to accommodate the collocation of additional telecommunications facilities, as follows:
(1) 
The tower must be located in a B-1, B-2 or B-3 business zone or in a M-1 or M-2 industrial zone upon which such towers are a permitted use "by right." The tower may not be located in an R-1, R-2, R-3, R-4, R-5 or R-6 residential zone.
(2) 
No individual shall build, erect or construct a tower upon any plot of land within an aforementioned zoning district without written approval of the City Planning Commission under § 6-123(b) and obtaining the necessary permits from the City Building Inspector.
(3) 
The height of such towers shall be subject to the provisions of § 6-126(a), (b) and (c) of this article.
(4) 
A tower which is being built to accommodate the collocation of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this article. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this article, such setback requirements may be waived by the Planning Commission of the City, to allow the tower to be rebuilt in its exact location, or within a 25-foot radius of the previous location.
[Ord. No. 367-99, 5-17-1999]
(a) 
Evidence to be provided.
(1) 
The Planning Commission of the City may grant approval of a site plan development modification pursuant to § 6-138(b) if an individual, upon written application to the Planning Commission, demonstrates the following with written evidence:
a. 
The location, shape, appearance or nature of the use of the proposed tower will not substantially detract from the aesthetics of the area, nor change the character of the neighborhood in which the tower is proposed to be located; and
b. 
The site plan development modification will not create any threat to the public health, safety or welfare.
(2) 
In addition to the requirements of the aforementioned Subsection (a)(1), in the following cases the applicant must also demonstrate, with written evidence, the following:
a. 
In the case of a requested modification to the setback requirement, that the area of the parcel of land upon which the tower is proposed to be located makes compliance with § 6-124 impossible, and the only alternative for the individual is to locate the tower at another site which poses a greater threat to public health, safety or welfare or is closer in proximity to a residentially zoned land.
b. 
In the case of a request for modification of the height limit in a zoning district for towers and telecommunications facilities, that the modification is necessary to:
1. 
Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or
2. 
Meet the coverage requirements of applicant's wireless communications system, which requirements must be documented with written, technical evidence from an electrical engineer.
(b) 
The Planning Commission of the City may waive or modify the requirements of § 6-123 (Development of towers); § 6-123(c) (maximum height of tower); § 6-124 (Setbacks); § 6-126 (Separation or buffer requirements); § 6-129 (Fencing); § 6-130 (Landscaping); § 6-133 (Access); and § 6-136 (Telecommunications facilities on antenna support structures).