A. Intent: It is the intent of this section to establish an approval procedure and placement standards and criteria to more adequately address the various planning issues relating to the placement of low power radio service antenna facilities within the city, including issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility sites, while ensuring that such procedure, standards and/or criteria do not unreasonably discriminate among competing wireless telecommunications service providers. (Ord. 97-7-8-8, 7-8-1997)
B. Procedure For Approval: Same as required for approval of a large scale development (see subsection 10-11F-4 of this title). (Ord. 11-02, 4-12-2011, eff. 6-8-2011)
C. Standards And Criteria; Definitions: For purpose of facilitating regulation, low power radio service antenna facilities are divided into three (3) categories. The characteristics of each category and the specific standards and criteria applicable to each shall be as hereinafter set forth: (Ord. 97-7-8-8, 7-8-1997)
1. Monopole Antenna: A "monopole antenna" is defined as a single cylindrical steel or wooden pole attached directly to the ground that acts as the support structure for the antenna and antennas.
a. Location: Monopole antennas shall be permitted in any zone or development project in which minor utility transmission projects are listed as a permitted or conditional use. The pole may be placed on a separate site owned by the user and dedicated exclusively as an antenna or may be "collocated" on a site occupied by a primary or "host" structure and occupied on a lease basis. The placement site shall have adequate access, and in the instance of a lease site shall not have the effect of reducing the requirements applicable to the host structure or use in violation of the development code or an approved development plan.
b. Height: The maximum height of any monopole structure shall be sixty feet (60') as measured from the prevailing ground surface in the vicinity of the pole. Each monopole structure shall be freestanding and shall not require the use of guy wires for support.
c. Antenna: The size, type and placement of the actual antenna structure attached to the monopole shall be in accordance with the standards for antenna type as set forth on figures 1 and 2 of this section. Not more than one antenna structure shall be placed on each monopole, except that the monopole may contain one whip type antenna in addition to any of the antenna structures identified under figures 1 and 2 of this section.
d. Spacing: No monopole structure shall be located closer than one-half (1/2) mile from any other monopole structure.
e. Distance From Residences: No monopole structure shall be located closer than three hundred feet (300') from any residence when the pole is located in a residential zone, or three hundred feet (300') from any residential zone boundary when proposed for placement in a professional office, commercial or industrial zone.
f. Placement On Undeveloped Parcels Not Permitted: Monopoles proposed to be located within a residential zone shall be placed only upon property currently developed, e.g., park, golf course, and school campus property. No such facility shall be permitted on lands which are currently vacant, used for agriculture, or otherwise considered probable for development for residential purposes.
g. Lighting: No portion of the antenna or structure shall be lighted; and no such structure shall be permitted in a location which requires the use of flashing or other warning lights.
h. Color: The color of the monopole and antenna structure shall be white, or such other color as will blend with the surrounding environment, as approved by the approval authority.
i. On Site Placement: Collocated monopole structures shall be placed in the interior yard area of the host lot. Such structures shall not be placed in required landscape areas or required parking spaces.
j. Accessory Facilities: Appurtenant buildings or facilities shall comply with the setback requirements of the zone or development plan. Monopoles shall be protected from unauthorized access through the use of an enclosure fence having a height of six feet (6'), and by ensuring that the climbing pegs are removed from the lower twenty feet (20') of the pole. All electric power lines leading to any freestanding accessory building or structure shall be underground.
k. Exception To Height And Lighting Restrictions: The height and light restrictions of subsections C1b and C1g of this section may be waived by the approval authority where the low power radio service antenna facility is to be mounted on an existing pole that lawfully exists under current law and was placed for a purpose other than that of providing telecommunications service (e.g., park lighting at a ballpark), where: 1) no lighting is placed thereon that further illuminates, advertises or draws attention to the pole, the low power radio service antenna facility, or the provider of any telecommunications service; and 2) the mounting of such facility complies in all respects with all other provisions of this section.
2. Wall Mounted Antenna: A "wall mounted antenna" is defined as an antenna or series of individual antennas mounted against the vertical wall of a building.
a. Location: Wall mounted antennas shall be permitted in any zone or development project in which minor utility transmission projects are listed as a permitted or conditional use.
b. Placement: The size, type and placement of antenna structure shall be in accordance with the standards for antenna type as set forth on figure 3 following this section. No portion of the antenna shall project above the wall to which it is attached.
c. Color, Architectural Compatibility: Antennas, equipment and supporting structure shall be painted or otherwise colored to match the building facade, structure or background against which they are most commonly seen, and shall be architecturally compatible with the building to which they are attached.
d. Accessory Facilities: All facilities and equipment for the operation of the antenna shall be located within the structure to which the antenna is attached.
3. Roof Mounted Antenna: A "roof mounted antenna" is defined as an antenna or series of individual antenna mounted on a flat roof, mechanical room or penthouse of a building.
a. Location: Roof mounted antennas shall be permitted in any zone or development project in which minor utility transmission projects are listed as a permitted or conditional use.
b. Placement: The size, type and placement of antenna structure shall be in accordance with the standards for antenna type as set forth on figure 4 following this section and shall be located within the placement envelop as defined therein.
c. Roof Placement: Roof mounted antennas shall be permitted only on a flat roof, and shall be screened, constructed and/or colored to match the structure to which they are attached.
D. Review Criteria; Additional Requirements May Be Attached: In conducting its review and/or making its determination, the approval authority and/or reviewing body shall, in addition to any other matters it may choose to consider, consider the following:
1. Compatibility: Compatibility of the proposed structure with the height and mass of existing buildings in the area.
2. Placement: Whether placement of the structure in the proposed location will result in a significant impact to other uses or the reception or transmission of existing facilities.
3. Location: The location of the antenna in relation to existing vegetation, topography and buildings to obtain the best visual screening.
4. Impacts: Visual and economic impacts upon the adjacent properties.
5. Compliance: Compliance with federal communications commission (FCC) emission standards.
The approval authority may deny placement of a low power radio service antenna facility which does not conform to the required standards and criteria, or which is inconsistent with the review criteria of this subsection; or it may require changes or additional measures in order to more fully protect the interests of adjacent properties and the public and to accomplish the purposes of this section.
E. Denial:
1. Requirements: The approval authority may not deny a request for approval of a proposed low power radio service antenna facility unless it satisfies the requirements of this subsection:
a. Evidence, facts, arguments, comments, advice and/or recommendations, not otherwise protected from disclosure by law or legally recognized privilege, which are relied upon by the approval authority in denying the request, must be reduced to written form.
b. The approval authority shall prepare and issue its findings, conclusions, final decision or determination, and supporting reasons therefor, in writing.
2. Written Submissions: The approval authority, or any recommending governmental body or officer, may require the applicant, city staff members and/or interested members of the public to prepare their comments and arguments in the form of written submissions to the approval authority.
3. Minutes: Written minutes of any public meeting of the city wherein a request made under this section results in a denial shall be kept in accordance with the Utah open meetings act.
4. Written Record: The official minutes of the public meeting, along with the written submissions and documentation referenced above in this subsection, shall constitute the approval authority's written record as required by provisions of the telecommunications act of 1996; shall be made available upon request to the applicant and the public pursuant to the Utah government records access and management act; and shall constitute the official written record for the purpose of any legal, equitable or administrative review of said denial.
F. Continuing Obligation; Business License Required:
1. Maintenance: Every antenna, pole or support structure, and all ancillary facilities, comprising a low power radio service antenna facility, shall at all times be maintained in good structural and aesthetic condition. The owner of any property on which any such antenna, pole, support structure or ancillary facility or facilities, is located, and those responsible for or receiving benefit from its placement, shall keep the area clean and free from noxious or offensive substances, rubbish and/or flammable waste material.
2. Compliance: In addition to complying with any and all standards and criteria, review criteria, conditions and requirements of the city under this section, a low power radio service antenna facility is expected to and shall fully comply with all other applicable ordinances of this city, and with all applicable state and federal laws and regulations, including, but not limited to, the regulations of the FCC (including emissions standards of any radio frequency emissions emitted, discharged or otherwise radiating from such facility); the federal aviation administration (FAA), and the environmental protection agency (EPA).
3. Use Separate: Each separate low power radio service antenna facility shall be considered as a separate use; and an annual business license shall be required for each such facility.
4. Failure; Abandonment:
a. Failure to properly maintain the low power radio service antenna facility, or the premises upon which it is located, as set forth in subsections F1 and F2 of this section; or
b. Failure to secure and maintain the required business license for a continuous period of one year, shall be considered an abandonment of said low power radio service antenna facility.
5. Revocation Of License: Failure to comply with any of the requirements of this section, any applicable ordinance of the city, or any state or federal law or regulation, may constitute grounds to revoke the business license of and pertaining to the low power radio service antenna facility. (Ord. 97-7-8-8, 7-8-1997; amd. 2003 Code)
(Ord. 97-7-8-8, 7-8-1997