16-7-2: TOWERS AND ANTENNAS:

The communications act of 1934, as amended by the telecommunications act of 1996 (act) grants the FCC exclusive jurisdiction over certain aspects of telecommunication services. This section 16-7-2 is intended to regulate towers, telecommunications facilities and antennas in the city in conformance with the act without prohibiting or tending to prohibit any person from providing wireless telecommunication service. (Ord. 52-09, 10-19-2009)

16-7-2-1: DEFINITIONS:

All terms in this section which are not specifically defined herein shall be construed in accordance with the communications act of 1934, the telecommunications act of 1996 and the rules and regulations of the FCC. As used in this section 16-7-2, the following terms shall have the following meanings:

ANSI: American National Standards Institute.

ACCESSORY FACILITY OR STRUCTURE: An accessory facility or structure serving or being used in conjunction with an antenna, and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment, storage sheds or cabinets.

ANTENNA: Any exterior transmitting, reception or receiving device mounted on a tower, building or freestanding structure and used in transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

ANTENNA ARRAY: A grouping of antennas that encompasses both transmitter(s) and receiver(s) of a single wireless telecommunication provider.

ANTENNA SUPPORT STRUCTURE: Any structure other than a communications tower which can be used for supporting an antenna or antenna array attached to a host structure which does not extend more than thirty feet (30') above the highest point of the host structure.

COMMUNICATIONS TOWER: Any ground mounted structure that is designed, constructed and used for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers.

FAA: Federal aviation administration.

FCC: Federal communications commission.

HEIGHT: When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightning protection device.

SATELLITE DISH ANTENNA: An antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape.

STEALTH CONSTRUCTION: Any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof mounted antennas, antennas integrated into architectural elements, and towers designed to look other than a tower, such as light poles, power poles and trees.

SUPPORT FACILITIES: Support buildings, boxes, cabinets or similar structures containing electrical or mechanical equipment and developed for the reception or transmission of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

TELECOMMUNICATIONS: The transmission and/or reception of audio, video, data and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

TOWER HEIGHT: The distance measured from the grade level at the base of the tower to the highest point on the tower, including any antenna mounted on the tower. (Ord. 52-09, 10-19-2009)

16-7-2-2: APPLICABILITY:

   A.   Nonessential Services: Wireless telecommunication towers and antennas shall be regulated pursuant to this section 16-7-2 and not regulated as essential service, public utility or private utility.

   B.   Exclusions: The following shall be exempted from this title:

      1.   Fire, police, transportation or other public service facilities owned and operated by local governments.

      2.   Any facilities expressly exempt from the city's siting, building, and permitting authority.

      3.   Over the air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer end antennas that receive and transmit fixed wireless signals that are primarily used for reception.

      4.   Facilities exclusively for private, noncommercial radio and television reception and private citizens bands, licensed amateur radio and other similar noncommercial telecommunications.

      5.   Facilities exclusively for providing unlicensed spread spectrum technologies where the facility does not require a new tower. (Ord. 52-09, 10-19-2009)

16-7-2-3: COMMUNICATION TOWER STANDARDS:

   A.   No communication tower or associated support facilities shall be constructed, except in conformance with this section 16-7-2.

   B.   Guywires and other support facilities shall conform to the setback requirements for the underlying zoning district.

   C.   Communication towers are prohibited within POS districts.

   D.   Communication towers are prohibited within historic districts and within one thousand feet (1,000') of a historic district.

   E.   Communication towers are subject to the following bulk regulations:

 

Zoning District	Use Type	Minimum Setback	Maximum Height
Agricultural, residential, office, commercial, institutional, PUD	Conditional use permit	100% of tower height	Single user: 75 feet or multiple user: 150 feet
Industrial	Permitted		Height allowed by underlying district

 

   F.   Site plans for communication towers shall be submitted and reviewed as major site plans. Site plan applications shall be prepared to show all information currently required by the city, a list of which shall be available from the planning services department. (Ord. 52-09, 10-19-2009)

   G.   Processing of major site plans generally takes ten (10) to twenty one (21) days depending on the quality of the submitted site plan. Applicants shall be notified within thirty (30) days of filing a site plan if the application is incomplete. If the city of Dubuque has not approved, denied, or returned the application as incomplete within one hundred fifty (150) days, the application shall be deemed approved. (Ord. 25-13, 5-20-2013)

16-7-2-4: ANTENNAS:

Antennas, and their essential support facilities, shall be allowed as a permitted use in any zoning district subject to the following:

   A.   A simple site plan shall be submitted for each antenna or antenna array providing the following information:

      1.   Mounting location of proposed antenna or antenna array on host structure.

      2.   Description of antenna or antenna array height and width, including a photo (if available) or other visual representation.

      3.   Proof of ownership of the proposed site or authorization to utilize it. (Ord. 52-09, 10-19-2009)

      4.   Processing of a simple site plan generally takes one to five (5) days depending on the quality of the submitted site plan. Applicants shall be notified within thirty (30) days of filing a site plan if the application is incomplete. If the city of Dubuque has not approved, denied, or returned the application as incomplete within ninety (90) days, the application shall be deemed approved. (Ord. 25-13, 5-20-2013)

   B.   The antenna does not extend more than thirty feet (30') above the highest point of the host structure.

   C.   Antennas may be mounted on nonresidential structures, including, but not limited to, existing towers, traffic signals, streetlights, water towers, billboards, telephone tower and emergency signal poles, bridges, and parking deck structures.

   D.   Antennas or antenna arrays shall comply with the maximum height requirement of the zoning district in which they are located. Applicants proposing an antenna higher than allowed by the zoning district in which it will be located may apply for a variance to the zoning board of adjustment.

   E.   No antenna or antenna array may, by virtue of this section 16-7-2, occupy, encroach or "overhang" any public right of way without the expressed approval of the city.

   F.   Each antenna installation shall require a separate building permit.

   G.   A building permit for the installation of an antenna in a historic district requires the prior issuance of a certificate of appropriateness from the historic preservation commission. (Ord. 52-09, 10-19-2009)

   H.   Modification of existing facilities, including collocation, removal and replacement of transmission equipment, that does not substantially change the physical dimensions of the existing facility, does not require submittal of a simple site plan. A building permit may be required. (Ord. 25-13, 5-20-2013)

16-7-2-5: CONDITIONAL USE PERMIT APPLICATION:

   A.   An applicant proposing a communication tower that requires a conditional use permit for construction in the zoning district for which it is proposed shall submit all information currently required by the city, a list of which shall be available from the planning services department.

   B.   After receipt of an application for a conditional use permit, the planning services department shall schedule a public hearing before the zoning board of adjustment, following all statutory requirements for publication and notice, to consider such application. The zoning board of adjustment shall receive evidence on the conditional use permit. The zoning board of adjustment may approve the conditional use permit as requested in the pending application with any conditions or safeguards, including stealth construction, it deems reasonable and appropriate based upon the application and/or input received at the public hearings or deny the application. (Ord. 52-09, 10-19-2009)

16-7-2-6: SECURITY FENCING:

All self-supporting lattice or guyed communication towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole communication towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure. (Ord. 52-09, 10-19-2009)

16-7-2-7: EXTERIOR FINISH:

Communication towers not requiring FAA painting or marking shall have a neutral exterior finish which is compatible with adjacent land uses and reduces visual impact, subject to review and approval by the zoning board of adjustment as part of the application approval process. (Ord. 52-09, 10-19-2009)

16-7-2-8: LANDSCAPING:

All tracts of land on which communication towers, antenna support structures, support facilities and/or antennas are located shall be subject to the following landscaping requirements:

   A.   Support facilities and communication tower bases shall be landscaped with a buffer of plant materials that effectively screens from view the tower base and any support facilities from adjacent property or street. The plantings installed shall be of a size and species that can achieve a height of six feet (6') and seventy five percent (75%) opacity within three (3) growing seasons.

   B.   In locations where the visual impact of the tower and support facilities would be minimal, the landscape requirement may be reduced or waived by the city planner.

   C.   Existing mature tree growth and natural landforms on the property shall be preserved to the maximum extent possible. Natural growth around the property perimeter may be considered a sufficient buffer for a proposed tower and support facilities as determined by the city planner. (Ord. 52-09, 10-19-2009)