The purpose of this section is to establish guidelines for the construction and placement of all wireless communications facilities and towers within the city of Caldwell. The goal is to minimize all adverse visual and safety effects on the community by employing collocation innovative design, location, and camouflaging techniques.
(1) Establishment Of Standards: This section establishes standards for the placement of antennas, wireless communication facilities and their accessories within Caldwell's zoning districts as well as the city's area of impact.
(2) Applicability: This section shall not govern antennas or towers which are used exclusively for the transmission of emergency signals. (Ord. 2383, 8-20-2001)
(3) Definitions: Certain terms are defined to provide clarity to this section:
ACCESSORY USE: A use incidental and subordinate to the principal use of the premises, as set forth in section 10-03-11 of this chapter.
AESTHETIC ZONE: The area of a circle, centered about the center of the base of the WCF and whose radius is the height of the WCF when applied to a residential zone and one-half (1/2) the height when applied to a nonresidential zone, to include easement dimensions as part of the zone consideration. The purpose of the aesthetic zone is to minimize visual obtrusiveness by relating setback distances to the height of the tower.
AIRPORT HEIGHT RESTRICTIONS: Those set forth in subsection (11) of this section.
ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications.
COLLOCATION: The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna on a preexisting structure.
HEIGHT: When referring to a tower or other structure, means the distance measured from the finished grade of the platform or two feet (2') above the ground, whichever height is the lesser, to the highest point on the tower or other structure, including any antenna.
NONRESIDENTIAL: Any parcel that is not zoned as a residential zone, to include commercial, industrial, and manufacturing zones.
PRESENTATION STREETS: For purposes of this section, shall include Blaine Street and Cleveland Boulevard between 12th Avenue and 21st Avenue, and 21st Avenue from Cleveland Boulevard to Franklin Road (the lasso). This section is intended to cover all future presentation streets in a similar fashion.
PRINCIPAL STRUCTURE: A preexisting structure located on the same lot as the WCF, as used in this chapter. If a lot is previously undeveloped, the WCF shall be considered the principal structure.
RESIDENTIAL ZONES: Any parcel that is zoned R-1 (single- family residential), R-2 (combined medium-density residential), any R-3 zone (multi-family high-density residential), and R-S (semi-rural residential), or other residential zones created by the city after the effective date hereof.
STRUCTURE: Anything constructed, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Structures include, but are not limited to, buildings, walls, fences, and billboards. For the purpose of this section, structures shall not include WCFs.
TOWER: Any facility designed and constructed solely for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes. The term includes radio and television transmission towers, microwave towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and its associated means of support.
WCF OR WIRELESS COMMUNICATIONS FACILITY: Refers to a tower and all attachments. (Ord. 2383, 8-20-2001; Ord. 2911, 9-4-2012)
(4) Collocation:
A. Any collocation shall require an administrative review and shall be subject to an independent building code review and permit process.
B. If a new antenna is attached to an existing WCF, all setbacks required by subsection (6) of this section must be maintained.
C. If an antenna is collocated on a public utility, such as a power pole, the applicant must provide documentation from the utility stating that it does not object to the collocation.
D. An existing utility pole may be replaced with a taller pole to accommodate collocation, provided that the owner or person who otherwise controls the pole finds it to be acceptable.
E. The owner or person who otherwise controls the WCF or structure under consideration for collocation shall undertake to charge fair and reasonable market rent or other compensation for collocation.
F. If the owner or person who otherwise controls a WCF shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be considered a nonconforming structure and shall not be altered, expanded, or extended in any respect, as set forth in section 10-02-08, "Nonconforming Uses", of this article unless such changes are made to accommodate additional carriers. The maximum height of antennas mounted on preexisting structures shall be eight feet (8') above the height of the structure, or not above the maximum allowable height in the underlying zone, whichever height is greater.
G. Antennas may be attached to light standards, power line support devices, or flagpoles, provided the owner or authority agrees in writing to such placement. The applicant must provide verification from a qualified and licensed engineer that the antenna placement will not create safety hazards and is compatible with the item's structural integrity.
H. A WCF may be rebuilt at a new location on site in a nonresidential zone through an administrative review process, providing that its new location adheres to the aesthetic zone requirement. The existing WCF must be removed within six (6) months of the approval of its replacement. The owner(s) of the existing tower must agree to pay fees incurred by the city to remove the WCF should they fail to comply with the removal procedures. This removal agreement will be a condition of approval.
I. In order to be considered for new WCF construction, the applicant will be responsible for obtaining a list of existing WCFs from Canyon County development services, and to demonstrate in writing that collocation is not feasible on the existing WCFs due to any combination of the following:
1. Existing towers or structures located within the applicant's search radius are not sufficient in terms of location, height, or structural strength.
2. The proposed collocation of an existing tower or facility would be in violation of any local, state, or federal law.
3. The unwillingness of another tower or facility owner to entertain the shared use.
4. The fees, costs, or contractual provisions required to share or adapt existing WCFs and structures located within the existing zones that meet applicant's needs are unreasonable. For purposes of this section, unreasonable costs are those determined to exceed the costs of new tower development. Contractual provisions will be reviewed on a case by case basis.
5. The applicant's proposed antenna would cause electromagnetic interference with the antenna located on the existing WCFs or the existing antenna would cause interference with the applicant's proposed antenna.
6. The applicant demonstrates that there are other limiting factors that prevent collocation. (Ord. 2383, 8-20-2001)
(5) Procedure:
A. Requirements: It shall be unlawful for any person to erect, construct, or replace any wireless communications facility or antenna within the city without first contacting the city's planning and zoning department to determine the need for any special use permit approvals and associated fees that may or may not be necessary prior to obtaining any required building or electrical permits. (Ord. 2911, 9-4-2012)
B. Design Review Approval: (Rep. by Ord. 2805, 11-2-2009)
C. Application: In addition to standard requirements for obtaining a building permit, all applications for the construction or modification of an antenna or a wireless communication facility must include the following information:
1. Applicant's name, address, and telephone number.
2. Name, address, and phone number of the carrier.
3. Documentation from a licensed and qualified engineer showing that the proposed facility will meet or exceed all federal communications commission standards regarding radio frequency emissions and other energy considerations.
4. Documentation showing that the proposed facility conforms to all regulations administered by the federal aviation administration, including light and height restrictions 1 .
5. For new towers only: Caldwell grants special use permits (SUP) through legislative process to afford a land parcel additional or exceptional uses. All new WCFs must obtain an SUP prior to obtaining a building permit. In addition to all information required for an SUP application, WCFs must also include the following:
(A) A letter of intent from the owner of the WCF committing the tower to collocation of additional antennas, as set forth in subsection (4) of this section, provided the collocator is agreeable to reasonable terms and conditions for shared use.
(B) A report from a qualified and licensed engineer, including his/her stamp and registration number on all items. The report shall describe the proposed facility, and include the following information:
i. A description of the WCF height and design to include a cross section, elevation profile and stabilization method.
ii. The documented height above grade for the positions of all potential collocated antennas.
iii. Lighting plans, if any.
iv. The minimum mounting distances for collocated antennas.
v. The tower's capacity to accept collocated antennas, including the number and types of antennas that may be mounted.
vi. Documentation that the WCF is constructed to meet industry standards, as set forth in subsection (8)H of this section.
vii. Documentation that the WCF and accessory structures will not produce any adverse noise, as set forth in subsection (8)I of this section.
(C) A written analysis, demonstrating that the proposed location is the most appropriate within the immediate area and the basis for that determination offered in a narrative format; the analysis shall include:
i. The topography and description of the surrounding area.
ii. Impediments that would obstruct transmissions.
iii. Technical limitations.
(D) Roadway access to the WCF.
6. Documentation of the steps the applicant will take to avoid electromagnetic interference with other communication facilities.
7. Written evidence of compliance with all building and electrical codes.
D. Additional Information Provided: The city may require the applicant to provide additional information about the WCF or antenna beyond the information required above. Additionally, the city may retain a qualified consultant at the applicant's expense for review purposes.
E. Notice Of Continued Operation: The owner of any tower must send a letter to the city of Caldwell community development department annually advising the municipality of the tower's continued operation.
(6) Height And Setbacks: Towers and antennas will be permitted in all city zones subject to the following height and setback limitations. For purposes of land use, height, and setback considerations, land is divided into residential and nonresidential use:
A. Residential Zones:
1. WCFs will be restricted to a height of eighty feet (80'). This residential limit is based on the average height of a mature tree in Caldwell.
2. The eighty foot (80') height limitation may be extended by means of a height bonus up to twenty-five percent (25%) of the residential limit as a collocation incentive, provided the height addition does not exceed the parcel's ability to meet the underlying aesthetic zone.
3. A residential parcel cannot be rezoned to a nonresidential parcel for the purpose of constructing a WCF to a greater height.
4. No variance or administrative exception is available to extend the WCF beyond the noted height provision.
5. WCFs must comply with all airport height restrictions.
B. Nonresidential Zones:
1. The WCFs aesthetic zone and airport height restrictions will restrict allowable heights.
2. WCFs located in a nonresidential zone must be set back from any abutting residential zone a distance equal to the height of the WCF as a means to further buffer incompatible uses. (Ord. 2383, 8-20-2001)
C. Height Restriction: Each of Caldwell's land use zones has an accompanying height restriction. The planning and zoning director has the discretion through an administrative process to increase a zone's maximum height by up to twenty-five percent (25%). If the height of the WCF is less than the permitted height within the underlying zone, to include the planning and zoning director's administrative height discretion, the WCF is not subject to the aesthetic zone provisions. (Ord. 2383, 8-20-2001; Ord. 2871, 3-7-2011)
D. Setback Restriction: Each of Caldwell's land use zones has an accompanying setback restriction. WCFs not subject to the aesthetic zone requirements shall meet the setback requirements of the underlying zone, as set forth in section 10-02-03 of this article. (Ord. 2383, 8-20-2001)
E. Prohibition: WCFs are prohibited within three hundred feet (300') of hospitals, schools, and institutions of higher education, for purpose of allaying possible safety concerns. This restriction may be waived if written authorization for the placement of the WCF is received from the affected hospital, school, and/or institution of higher education. (Ord. 3010, 11-16-2015)
F. Accessory Structures: No structure accessory to a WCF or antenna shall be more than twelve feet (12') in height and shall not contain more than two hundred fifty (250) square feet of gross floor area per carrier to a maximum of one thousand (1,000) square feet. (Ord. 2383, 8-20-2001)
G. Historic Properties: All WCFs must be set back four hundred feet (400') from any property listed on the national register of historic places. The planning and zoning director may reduce the setback after consultation with the historic preservation commission, provided the WCF is creatively designed so that it will not detract from its surroundings. (Ord. 2383, 8-20-2001; Ord. 2871, 3-7-2011)
H. Conflict: If there is a conflict between setback requirements, the greater setback shall prevail.
(7) Uses:
A. A WCF may be considered the principal or accessory use. (Ord. 2383, 8-20-2001)
B. A WCF may be placed on a land parcel with a preexisting land use if the uses are compatible. It is the responsibility of the applicant to demonstrate to the planning and zoning director's satisfaction that the uses are compatible. (Ord. 2383, 8-20-2001; Ord. 2871, 3-7-2011)
C. If an applicant is seeking to place a WCF on a land parcel already subject to a special use permit, it may be a basis for denying the application.
D. A temporary WCF or antenna erected for test purposes, emergency communication, or for broadcast remote pickup operations shall not require a building permit. The temporary time frame must be established and approved prior to the placement of the WCF or antenna.
(8) Design:
A. Collocation: Collocation is encouraged for its visually enhancing attributes and its potential to minimize land use impacts.
1. WCFs that are one hundred feet (100') in height, up to and including one hundred twenty-five feet (125') in height shall be structurally designed to accommodate at least two (2) service providers.
2. WCFs that are between one hundred twenty-five feet (125') and one hundred fifty feet (150') in height shall be structurally designed to accommodate at least three (3) service providers.
3. WCFs that are one hundred fifty feet (150') in height or greater shall be structurally designed to accommodate at least four (4) service providers.
4. Towers greater than two hundred feet (200') in height are discouraged.
B. Materials:
1. Colors, materials, textures, screening, and landscaping shall be used to blend the WCF into the natural setting and/or the built environment and shall be approved by the city as a part of the design review procedure.
2. Metal towers shall be treated with corrosive resistant materials; wood poles shall be treated with a rot-resistant application.
C. Lighting: No antenna or WCF shall have stationary lights, strobe lights, reflectors, flashers, or other illumination devices attached to it except during times of repair or as specifically required by the federal aviation administration, the federal communications commission, or other agencies of jurisdiction. If lighting is required, the design chosen must cause the least disturbance to the surrounding views.
D. Signage: Signs, including advertisement, are prohibited on WCFs, other than to provide warning or equipment information.
E. Access:
1. Climbing pegs shall be removed from the bottom twenty feet (20') of the WCFs and replaced only for maintenance purpose to discourage use by unauthorized persons. Climbing guards shall be placed on conduit risers to prevent climbing of underground risers.
2. All WCFs shall be surrounded by a security fence as a means of further deterrence. The security fence shall not exceed a height of six feet (6') in a residential zone. The fence shall have a locked gate and shall be at least eighty-five percent (85%) opaque. Landscaping may be required.
F. Identification: A sign no larger than two feet (2') in height or width shall be mounted on the outside of the security fence identifying the owner of the tower and a contact number.
G. Landscaping: All required landscaping shall be Xeriscape tolerant or irrigated and properly maintained to ensure its good health and vitality; existing vegetation shall be maintained to the greatest extent possible.
H. Compliance:
1. The WCF design shall comply with all applicable building and electrical codes, as administered by the city building official.
2. All WCFs shall be constructed to the telecommunications industry association/electronic industries association (TIA/EIA) 222 revision F standard entitled "Structural Standards for Steel Antenna Supporting Structures" or as may be amended.
3. All towers must meet or exceed current standards and regulations of the federal communications commission, federal aviation administration, or other agencies of jurisdiction regulating WCFs. If the standards and regulations change, the WCF shall come into compliance with them within six (6) months. The failure to bring towers and antennas into compliance with new standards and regulations in a timely manner will constitute grounds for removal of the WCF at the owner's expense.
4. If a WCF is built on an undeveloped lot, it may be required to come into compliance with other land use requirements such as placement of curbs and gutters.
I. Noise: The WCF and accessory structures shall not produce noise levels separate or accumulative above forty-five (45) dB as measured from the nearest property line on which the WCF is located.
J. Installation: The installation of a WCF or an antenna shall not violate any existing deed. (Ord. 2383, 8-20-2001)
(9) Abandoned Towers:
A. The owner of any WCF must notify the Caldwell planning and zoning department in writing within thirty (30) days that a WCF is no longer operational. Any WCF not operated for a continuous period of twelve (12) months shall be considered abandoned. (Ord. 2383, 8-20-2001; Ord. 2805, 11-2-2009)
B. A nonoperational WCF shall be removed within six (6) months of the city's determination that the structure is abandoned or nonoperational.
C. In the event that a WCF and accompanying facilities are not removed within six (6) months, they may be removed by the city and the associated costs assessed against the property.
D. The abandonment provision shall become effective when the WCF has no operational component. (Ord. 2383, 8-20-2001)
E. Determination of the date of abandonment shall be made by the planning and zoning director based upon documentation and/or affidavits from the WCF or antenna owner/operator regarding the issue of usage. (Ord. 2383, 8-20-2001; Ord. 2871, 3-7-2011)
(10) Preexisting WCFs And Antennas:
A. A notice of continuing use must be filed with the Caldwell planning and zoning department by the owner/operator for all WCFs or antennas existing prior to the effective date hereof, certifying that the structure continues to be used as a WCF or as an antenna. (Ord. 2383, 8-20-2001; Ord. 2805, 11-2-2009)
B. Once a notice of continuing use is filed, the WCF or antenna shall then be considered a preexisting use and shall be allowed to continue to be used as it presently exists.
C. Failure to file a notice of continuing use within one year of the effective date hereof and provided the carrier has been notified sixty (60) days in advance of that notice deficiency shall constitute abandonment.
D. Routine maintenance and minor modifications that do not extend the height of the WCF may be made on preexisting WCFs to allow for collocation. Replacement of antennas shall be considered routine maintenance, so long as the new antenna does not increase the height of the WCF. All other modifications shall require the WCF to comply with the provisions of this section.
E. For purposes of this subsection, all antennas and WCFs that have received final approval in the form of a building permit prior to the effective date hereof shall be considered existing.
(11) Airport:
A. Any construction sponsor is required to submit a notice to the city, federal aviation administration (FAA) and Idaho transportation department, division of aeronautics, if the construction exceeds the following:
1. If the proposed object would be more than one hundred fifty feet (150') above ground level at its location.
2. If the proposed object would be within twenty thousand feet (20,000') and would exceed one foot (1') in height for each one hundred feet (100') horizontally from the nearest point of the nearest runway.
B. The preferred form of notification is the FAA form 7460-1; this form needs to be filled out in full and include all recommended attachments.
C. An antenna tower will be prohibited if its height exceeds the following:
1. Any of the imaginary surfaces as defined by federal aviation regulation part 77 for the most demanding future approach anticipated for the airport,
2. Any of the surfaces as defined by FAA handbook 8260.3, "United States Standards For Terminal Instrument Procedures" (TERPS) for the most demanding future approach anticipated for the airport,
3. If it is determined to be a hazard to air navigation by the FAA.
D. Any antenna tower will be marked and lighted in accordance with FAA advisory circular 70/7460-1K change 1 if it is determined that:
1. It is a hazard to air flight as defined by Idaho Code 21-513 through 21-520 and Idaho transportation department rule 39.04.02,
2. It is one hundred fifty feet (150') above ground level at its location,
3. Lighting and marking is recommended by either the FAA or the Idaho division of aeronautics.
E. The city will use the obstruction determinations prepared by the federal aviation administration and the Idaho division of aeronautics as their own for the purposes of administering these height restrictions.
(12) Other:
A. The placement of WCFs in historical designated areas and within one hundred feet (100') of future designated presentation streets is discouraged and may subject the WCF to additional requirements.
B. In addition to the conditions imposed by this chapter, the planning and zoning commission and the hearing examiner reserve the right to attach additional conditions, to include specific placement provisions, time durations and financial bonds.
(13) Violations:
A. Any WCF or antenna in violation of this code will receive notification from the city, including a time provision during which the owner must bring the WCF or antenna into compliance, which will be based upon the nature of the violation.
B. Once a WCF or an antenna is found to be in violation of this code, the owner shall make no further construction or modifications of any WCF or antenna located within the city or its area of impact until the requirements for compliance are met.
C. In the event that police, fire, ambulance, or other emergency services experience interference attributable to the transmissions of a WCF or antenna, the antenna or WCF will be considered to be in violation of this section and the service provider shall immediately reconcile the conflict and provide the municipality a written correspondence explaining the actions that were taken to pronounce remedy.
D. Failure to comply within a timely manner will result in the removal of the WCF or the antenna by the city at the owner's expense, equal to two hundred percent (200%) of the cost of removal.
(14) Severability: All sections and subsections of this section are severable. The invalidity of any section or subsection shall not affect the validity of the remaining portions.
(15) Conflicts: All ordinances or parts of ordinances in conflict with the provisions of this section are hereby repealed to the extent of such conflict, except to the extent of any conflicts with the city of Caldwell comprehensive plan as amended, which provisions shall prevail over any part of this section which are inconsistent, either in whole or in part, with the said comprehensive plan.
(16) Effective Date: This section shall have effect upon becoming law. (Ord. 2383, 8-20-2001)
Notes
| 1 | 1. See subsection (11) of this section. |