(a) Purpose. These regulations governing wireless telecommunication facilities are established to provide for the construction, erection, maintenance, extension and removal of such facilities in certain zoning districts in the City and are related to certain applications of technology and engineering in the field of wireless telecommunication. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104) and the interests of the City in regulating wireless telecommunication towers and related facilities for the following reasons:
(1) To provide for orderly development within the City;
(2) To protect property values;
(3) To maintain the aesthetic appearance of the City, including, but not limited to, its unique residential character, unobstructed open spaces, and attractive commercial and office/industrial areas;
(4) To protect residential properties, parks, open spaces and the non-intensive commercial zoning districts which are characteristic of the City from the adverse effects of towers and related facilities;
(5) To promote collocation of wireless telecommunications facilities in order to decrease the total number of towers in the City;
(6) To provide for and protect the health, safety and general welfare of the residents and visitors of the City.
(b) Applicability. No person shall construct, erect, maintain, extend, or remove a wireless telecommunication facility in the City without compliance with the provisions of this section.
(c) Processing Applications.
(1) Unless the timeframe is tolled pursuant to division (c)(2) of this section, the City shall review applications for wireless telecommunication facilities within the following timeframes:
A. Eligible facilities requests. The City shall review an application for an eligible facilities request within sixty days of the date a complete application is filed with the City. For purposes of this section, an "eligible facilities request" is a request for modification of an existing tower that does not substantially change the physical dimensions of such tower and involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment. A substantial change occurs in the following circumstances:
1. The height of the tower increases by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater;
2. An appurtenance is added to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;
3. More than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets, is installed;
4. Any excavation or deployment occurs outside the existing site;
5. Concealment elements of the eligible support structure are defeated; or
6. The proposed change does not comply with conditions of this section.
B. Co-location. The City shall review an application for collocation that does not constitute an eligible facilities request within ninety days of the date a complete application is filed with the City.
C. All other applications. The City shall review an application that does not constitute a collocation or an eligible facilities request within 150 days of the date a complete application is filed with the City.
(2) The timeframe may be tolled by mutual agreement between the applicant and the City or if the application is incomplete.
(3) To toll an application for incompleteness, the City must provide written notice to the applicant within thirty days of receipt of the application, specifying all missing documents or information required in the application. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness. Following a supplemental submission, the City shall notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information and the time for review shall toll until a complete document is provided. Second or subsequent notices of incompleteness shall not specify missing documents or information that were not delineated in the original notice of incompleteness.
(d) Minimum Standards for Construction, Erection, Maintenance, Extension and Removal. All wireless telecommunication facilities shall comply with the following minimum standards:
(1) Use regulations.
A. A wireless telecommunication tower may only be permitted as a conditional use in District 8: Industrial/Office Park Development Areas. A wireless telecommunication tower is not permitted in any other zoning district in the City.
B. The installation of a wireless telecommunication antenna(s), and the expansion of an existing equipment shelter to serve such antenna(s), may be permitted as a conditional use on an existing wireless telecommunication tower in a residential zoning district.
C. The installation of a wireless telecommunication antenna(s) where the construction or erection of a tower is not proposed by the applicant, shall be permitted as an accessory use on existing towers, buildings or structures. To the extent the remaining standards of this section are applicable to the situation involving the installation of a wireless telecommunication antenna(s) on an existing tower, building or structure, such standards shall govern the installation.
(2) Co-location.
A. All applicants for construction or erection of wireless telecommunication towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least four antenna platforms or antenna arrays of equal loading capacity for four separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment shelter large enough to accommodate at least four separate users of the facility. If an equipment shelter is initially constructed to accommodate only one user, space shall be reserved on site for equipment shelter expansions to accommodate up to at least four separate users. Agreement to the provisions of this division must be included in the applicant's lease with the landowner, if different from the owner/user of the tower. Written documentation must be presented to the City Manager evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this division. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding collocation of another user of the facility within thirty days after receipt of a written inquiry. Copies of all written requests to co-locate and all written responses shall be sent to the City Manager.
B. The applicant requesting permission to install a new tower shall provide evidence there is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower, building or structure within the geographic area to be served. With its application, the applicant shall identify the location of every tower, building or structure that could support the proposed antenna(s) or area where it would be technically suitable to locate so as to allow it to serve its intended function. As part of its application, the applicant shall provide a scaled map of all of its existing, proposed or planned antenna locations within a five-mile radius of the site which is the subject of the application.
C. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If an existing tower, building or structure is technically suitable, the applicant must demonstrate that it has made written request to collocate on the existing tower, building or structure and the request was rejected by the owner of the tower, building or structure. In all circumstances, owners of existing towers shall promptly respond in writing to requests for co-location, but in no event shall they respond more than thirty days from the date of receipt of a written request for co-location. If another telecommunication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to co-locate an antenna(s) on another tower within the City which is owned or controlled by the applicant, if available, on commercially reasonable terms and the offer was not accepted.
(3) Spacing. There shall be a separation of a minimum of one-half mile between wireless telecommunication towers.
(4) Height. Notwithstanding the height requirements of the underlying zoning district, the maximum height of a free-standing wireless telecommunication tower, including its antenna and all appurtenances, shall be less than 200 feet above grade. The maximum height of any wireless telecommunication antenna, installed pursuant to division (a)(2) of this section, shall be no greater than the height of the existing tower, building or structure to which it is attached. The height of any equipment shelter shall not exceed fifteen feet from grade.
(5) Setbacks. All wireless telecommunication towers shall be set back from property lines of residentially-zoned or used properties a distance of at least 500 feet. Otherwise, the tower and related facilities shall comply with the required setbacks in the zoning district in which they are located. In no event shall a wireless telecommunication tower or facility be located in front of the principal building on the lot, if any.
(6) Design.
A. All wireless telecommunication towers should be monopole design, and shall be painted light gray in color unless otherwise required by state or federal law.
B. All wireless telecommunication facilities shall be subject to review by the Architectural and Historic Board of Review (AHBR) for the purpose of enhancing the compatibility of the facilities with their surroundings. The color of a wireless telecommunication tower and/or antennas shall be as determined by the AHBR for the purpose of minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
C. The wireless telecommunication antennas shall be of a panel design and mounted flush to the tower, building or structure which elevates the antennas, unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antennas or to mount them in such a fashion.
(7) Landscaping. A landscaped buffer area of not less than fifteen feet in depth shall be placed between the wireless communication facilities and the public rights- of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself. The fifteen-foot landscaped buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
(8) Engineering report. A report shall be prepared and submitted by a qualified and licensed professional engineer and shall provide proof of compliance with all applicable federal, state, county, and City regulations. The report shall include a detailed description of the telecommunication tower, antenna(s), equipment shelter, and appurtenances, and shall certify that radio frequency (electromagnetic) emissions are in compliance with the regulations of the Federal Communications Commission (FCC).
(9) Maintenance.
A. The applicant shall submit a plan documenting how the wireless telecommunication facility will be maintained on the site in an ongoing manner that meets industry standards.
B. On each biennial anniversary of the issuance of the zoning certificate for a wireless telecommunication facility, or not more than ninety days prior thereto, the owner/user shall submit to the City a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.
(10) Lighting. Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by Federal Aviation Administration (FAA) regulations, the most visually unobtrusive "state-of-the-art" lighting available shall be used, unless otherwise required by the FAA.
(11) Security.
A. A security fence not less than eight feet in height shall fully enclose those portions of the wireless telecommunication facility which come in contact with the ground. Gates shall be locked at all times.
B. A permanent warning sign with a minimum size of two square feet and a maximum size of six square feet shall be posted on the site. In addition the sign shall specify an emergency telephone number of the owner/user of each set of antennas on the site. The owner/user shall also provide the City Manager, the City Fire Department, the City Police Department, and the City Emergency Medical Service with information on whom to contact, an address, and a telephone number in the event of an emergency.
(12) Advertising prohibited. No advertising sign(s) or devices shall be permitted anywhere on a wireless telecommunication facility site.
(13) Outdoor storage. There shall be no outdoor storage of equipment or other items on the wireless telecommunication facility site except during the facility construction period and to supply emergency power to the facility only during a power outage.
(14) Access to facility. The access driveway to the wireless telecommunication facility shall, whenever feasible, use circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the facility shall be a minimum of eighteen feet in width with a minimum overhead clearance of eleven feet and shall be setback a minimum of twenty from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. If the access road to the facility is more than 1,500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site and a by-pass, adequate for emergency vehicles, with an approachable access shall be provided for each additional 1,500 feet of the driveway. There shall be a maximum of one off-street parking space on the facility site.
(15) Accessory equipment shelter. The maximum cumulative total size of all equipment shelters accessory to a telecommunication tower or antenna on a lot shall be 1,000 square feet and their maximum height shall not exceed fifteen feet from grade. Only one equipment shelter, or the configuration of more than one shelter appearing as one shelter, shall be permitted on a lot. Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a wireless telecommunication facility.
(16) Undergrounding of utilities. All utility lines from the utility source to the wireless telecommunication facility shall be underground.
(17) Time limit for commencement and completion. After issuance of a zoning certificate to construct a wireless telecommunication facility, the applicant shall commence construction within six months and shall complete construction within one year or the zoning certificate shall expire.
(18) Abandonment and removal of facilities.
A. If at any time the use of the wireless telecommunication facility is discontinued for 180 consecutive days, said facility shall be deemed abandoned. The City Manager shall notify the owner/user in writing and advise that the facility must be reactivated within ninety days or it must be dismantled and removed from the site within that same ninety-day period at the cost of the owner/user. The owner/user of the wireless telecommunication facility shall, on no less than an annual basis from the date of issuance of the zoning certificate, file a declaration with the City Manager as to the continuing operation of each of its facilities within the City.
B. The applicant for the wireless telecommunication facility shall be required as a condition of issuance of a zoning certificate to post a cash or surety bond acceptable to the City Solicitor of not less than one hundred dollars ($100.00) per vertical foot from grade of the wireless telecommunication facility, which bond shall insure that an abandoned, obsolete or destroyed wireless telecommunication antenna or tower shall be removed within ninety days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies the facility.
(e) Exemption of Certain City Property. Regardless of the provisions of this section, a wireless telecommunication facility may be permitted on any property owned or controlled by the City and used for public services and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by the City Council.
(Ord. 18-93. Passed 10-15-19.)