In that the City of Eufaula finds that Telecommunication Towers and Antennas and other supporting structures present unique land use concerns, Telecommunication Towers and Antennas and their supporting structures shall meet the following requirements and adequately consider the following purposes as set forth below:
A. Purpose: The purpose of this Section is to establish requirements for the location of wireless communications towers and antennas as follows:
1. Protect residential areas and land uses from potentially adverse impacts of towers and antennas;
2. Encourage the location of towers in non-residential areas;
3. Minimize the total number of towers throughout the community;
4. Strongly encourage co-location 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 communications towers;
9. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and furtherance of these purposes, the City of Eufaula shall give due consideration to the City of Eufaula's Comprehensive Plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. Exclusions. The following shall be exempt from these regulations:
1. Microwave reflectors and parabolic antennas;
2. Antennas and equipment completely located inside of buildings;
3. Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, provided there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the general requirements set forth in this document.
C. Definitions. As used herein, the following terms shall have the meanings set forth below:
ACCESSORY USE TOWER: A tower situated on a lot or parcel, which is subordinate to the principal or primary use of said lot or parcel.
ANTENNA: Any exterior transmitting or receiving device used in communications to radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communications signals.
CO-LOCATION: Construction of antenna towers which provides space for multiple wireless service providers to locate on one tower. The term used when multiple service providers are located on one tower.
COMPREHENSIVE PLAN: Means the official Plan for the growth and development of the City of Eufaula.
FAA: The Federal Aviation Administration.
FCC: The Federal Communications Commission.
GUYED TOWER: A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
HEIGHT: 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.
PREEXISTING TOWERS AND PREEXISTING ANTENNA: Any tower or antenna which lawfully existed prior to the effective date of these regulations, including permitted towers or antennas that have not yet been constructed so long as such approval is current and has not expired.
PRINCIPAL USE TOWER: A tower situated on a lot or parcel of land, which is the primary use of said lot or parcel.
PUD: Planned Unit Development
TOWER: Any principal use antenna 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 and the like, and also includes the structure and any support thereto.
D. General Requirements for Antennas and Tower:
AG | RS | O | C | I | PUD | |
Principal Use | E | S | X | R* | R* | R* |
Accessory Use | E | X | E | R* | R* | R* |
E: Special Exception R: Use By Right X: Not Allowed By Right or Exception | ||||||
* Antenna Towers and Accessory Structures are allowed by right in the above designated zoning districts as long as compliance with all general requirements of this ordinance are met at time of building permit issuance.
1. Principal or Accessory Use. Towers may be considered either principal or accessory uses. A different existing use on the same lot shall not preclude the installation of a tower on such lot. Reference the above chart for applicability of siting new principal or accessory use towers.
2. Towers and antennas shall meet the following requirements:
a. Towers and antennas shall be designed to blend into the surrounding environment through the use of color, galvanizing, or camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
b. Other than in Industrial zoning districts and PUD's, antennas and towers shall be a monopole design unless the Board of Adjustment determines by special exception that an alternative design would adequately blend into the surrounding environment, or that such antenna cannot be supported by a monopole.
c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a 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
3. Non Essential Services. Towers and antennas shall be regulated and permitted pursuant to this ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities.
4. Tower Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the FAA or federal or state authority. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
5. Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
6. Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall meet all the requirements of the underlying zoning district. Exterior ground mounted equipment occupying more than 50 square feet, if visible from ground level, shall be screened from view from property within 300 feet used for residential purposes.
7. Setbacks. The following setback requirements shall apply to all towers; provided, however, that the Board of Adjustment may modify the requirements by special exception:
a. Towers must be set back a distance equal to at least one hundred ten percent (110%) of the height of the tower from any adjoining lot line of a residential, office or agricultural zoned lot, excluding expressway right of way zoned residential, office or agricultural.
b. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
8. Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height or shall be equipped with an appropriate anti-climbing device; provided, however, the Board of Adjustment may modify or waive such requirements by special exception.
9. Minimum Spacing. Antennas and towers constructed for a single-use provider or for co-location shall be spaced a minimum distance of one mile from any other tower or antenna.
a. Each applicant for permit to build a tower shall provide to the City Manager, an inventory of all the existing towers or permits for other locations that are within one (1) mile of the site applied for; said inventory shall include specific information about the location, height, and design of each tower. If the towers within the applicant's inventory have been designed for co-location, a description of the facilities and heights for the possibility of co-location shall be included within the inventory. Said inventories may be shared with other applicants applying for any approvals under these regulations; provided, that the City of Eufaula does not warrant the accuracy of any such information. The applicant for a permit shall also provide the description, identity and contact for the backhaul network provided who will serve that site.
b. Height: No tower shall exceed 65 feet in height without Board of Adjustment approval.
E. Administrative Approval of Permits. The City Manager may administratively approve the installation of a new antenna on the following:
1. An existing structure other than a tower (such as a building, sign, light pole, water tower, or other free standing, non-residential structure) which is 55 feet or less in height, so long as such addition does not add more than 10 feet to the height of the existing structure.
2. An existing tower of any height, including a preexisting tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than 10 feet to the height of the existing tower and the tower remains set back from any existing adjacent residential lot boundary equal to one hundred ten percent (110%) of the total new height of the tower.
3. Certain developed public properties including but not limited to water towers, water treatment plants, sewer treatment facilities, police stations, fire stations, ambulance stations, equipment maintenance facilities, and lighted and enclosed sports facilities such as football stadiums, baseball and softball parks, but not practice facilities at unlighted or unsecured locations which may be temporarily used for sporting events, nor on or in any park or greenbelt.
4. Top of high schools, middle schools, elementary schools, and commercial or office buildings, so long as such addition does not add more than 10 feet to the height of the existing structure.
5. An existing tower or supporting structure as a co-location.
6. An accessory or principal use tower or antenna in an I District 65 feet tall or less provided such tower is setback 110% of the total height from an abutting AG, RS, or O District.
F. Antenna and Towers Requiring Special Exceptions. If a tower or antenna is not permitted pursuant to the provisions of this chapter, a special exception shall be required for the construction of such tower.
1. In order to obtain approval of a special exception for an antenna and antenna support structure, the Board of Adjustment shall require, subject to modification and additional requirements as deemed necessary by said Board as a part of the review process, that the antenna and antenna support structure satisfy the following:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures;
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. The total number and size of antennas proposed and the ability of the proposed tower to accommodate collocation;
h. Architectural design of utility buildings and accessory structures to blend with the surrounding environment;
i. Proposed ingress and egress;
j. The need of the applicant for a communications tower within the immediate geographic area to provide an acceptable level of communications service to the area;
k. The size of the tract and the most likely future development as indicated by the Comprehensive Plan, planned infrastructure, topography and other physical facts.
2. Co-location. Co-location of facilities is encouraged.
a. All towers requiring Special Exception approval from the Board of Adjustment shall be designed and constructed in such a manner as to accommodate co-location of a minimum of two (2) additional wireless telecommunication system providers unless it can be demonstrated by the applicant to the satisfaction of said Board that such co-location is not technically feasible or that it would unreasonably impede or otherwise impair the operation of the initial or subsequently located facilities.
b. Certification from a professional engineer licensed to practice in the State of Oklahoma shall be submitted with the Board of Adjustment application that the antenna and antenna support structure is designed and constructed in such a manner as to accommodate the co-location of a minimum of two wireless telecommunication system providers.
c. Written evidence of compliance with the standards of the Federal Communications Commission and the Federal Aviation Administration.
d. No new tower should be permitted by the Board of Adjustment unless the applicant demonstrates to the Board reasonable satisfaction that no existing tower or other structure can accommodate the applicant's proposed antenna. Evidence of this unavailability may consist of the following:
(1) No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;
(2) Existing towers or structures are not of sufficient height or structural strength to meet the applicant's engineering requirements;
(3) Applicant's proposed antenna would cause electromagnetic interference with existing antenna on existing towers or structures, or the existing antennas on the existing towers or structures would cause electromagnetic interference with applicant's proposed antenna;
(4) Fees, costs, or contractual provisions required by the owner of the existing tower in order to share said tower structure are unreasonable. In this regard, rental costs exceeding the costs of site acquisition and tower construction, including engineering and design fees, are presumptively unreasonable; and,
(5) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable to the satisfaction of the Board.
3. Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special exception is required; provided however, that the Board of Adjustment may modify or waive such requirements by special exception.
a. Tower facilities shall be landscaped with a continuously maintained buffer of plant materials that effectively screens the view of the tower compound from property within 300 feet used for residential purposes. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.
b. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
4. The findings of the Board of Adjustment as to each of these factors shall be made on the record and contained in the written minutes of the meeting.
G. Removal of Abandoned Antenna and Towers. Any antenna or tower that is not operated for a continuous period of six (6) months shall be considered abandoned, and the owner of such antenna or tower, or the property owner, shall remove the same within 90 days of receipt of notice from the City of Eufaula notifying the owner of such abandonment. Failure to remove the abandoned antenna or tower within said 90 days shall be grounds for the City of Eufaula to issue Penalties for Violations in accordance with the City of Eufaula Zoning Code and/or to remove the antenna or tower at the tower owner's or property owner's expense. Additionally, any abandoned tower that is not current in the structural safety inspection required by Eufaula's Building Code may be subject to nuisance abatement procedures as set forth by the City of Eufaula.
H. Existing Towers and Antennas. Antennas and towers lawfully existing on or before the effective date of these regulations shall be considered nonconforming uses as specified in these regulations. Routine maintenance, including antenna replacement, shall be permitted on such existing towers. New construction other than routine maintenance shall require compliance with all provisions of these regulations. (Ord. 20-03-02, 3-2-2020)