Section
155.01 Title
155.02 Purpose and scope
155.03 Definitions
155.04 Collocation requirements
155.05 Tower construction requirements
155.06 Tower and antenna design requirements
155.07 Tower setbacks
155.08 Tower height
155.09 Tower lighting
155.10 Fencing for towers
155.11 Signs and advertising
155.12 Accessory utility buildings
155.13 Abandoned or unused towers or portions of towers
155.14 Interference with public safety telecommunications
155.15 Application materials
155.16 Conflict
The primary intent of this chapter is to regulate telecommunications towers and equipment to be located within the city. Therefore, the purpose of this chapter shall be to:
(A) Comply with all federal and state regulations regarding the placement, use, and maintenance of telecommunications towers and equipment;
(B) Encourage the continued improvement of wireless telecommunications service in the city;
(C) Minimize, to the extent permitted by law, the proliferation of unsightly towers and equipment throughout the city;
(D) Promote both property maintenance and the renovation of telecommunications equipment;
(E) Encourage the collocation of telecommunications towers by multiple providers so as to reduce the number of towers needed within the city;
(F) Ensure that these regulations are compatible with the zoning regulations;
(G) Recognize the commercial communication requirements of all sectors of the business and residential community.
(Ord. 2023-9, passed 9-13-2023)
The following words, terms and phrases, when used in this chapter, shall have meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ANTENNA. Any structure or device, not exceeding 15 feet in height, that is used for the collection or transmission of electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.
ATTACHED WIRELESS COMMUNICATION FACILITY (ATTACHED WCF). An antenna attached to an existing building or structure, which shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device that attaches the antenna to the existing building or structure and associated connection cables, and an accessory building that may be located either inside or outside of the attachment structure.
COLLOCATION or SITE SHARING. Use of a common WCF or common site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology, and/or placement of a WCF on a structure owned or operated by a utility or other public entity.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services, that are marketed to the general public.
PUBLIC PROPERTY. A site or property owned or controlled by the city, Midland Community Unit School District #7, the Lacon Public Library District, the Lacon-Sparland Fire Protection District, Lacon Township, Hopewell Township, or any property owned by a public body.
SUPPORT STRUCTURE. A structure designed and constructed specifically to support an antenna, and may include a monopole, self-supporting (lattice) tower, guy-wire-support tower and other similar structures. Any device used to attach an attached WCF to an existing building or structure shall be excluded from this definition.
TOWER. Any ground- or roof-mounted pole, spire, antenna, structure, or combination thereof, taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
TOWER, MULTI-USER. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
TOWER, SINGLE-USER. A tower to which is attached only the antennas of a single-user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter.
WIRELESS COMMUNICATION. Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may be developed in the future.
WIRELESS COMMUNICATION FACILITY (WCF). Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of antenna connection cables, an accessory building, and a support structure to achieve the necessary elevation.
(Ord. 2023-9, passed 9-13-2023)
All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements.
(A) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or previously approved tower or building, particularly on publicly owned land within a one-half mile search radius of the proposed tower, due to one or more of the following reasons:
(1) The planned equipment would exceed the structural capacity of all existing or approved towers or buildings, as documented by a qualified and licensed professional engineer, and all of the existing or approved towers cannot be reinforced, modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost;
(2) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at a tower or building, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.
(3) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed professional engineer.
(4) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;
(5) Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(B) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height, or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(Ord. 2023-9, passed 9-13-2023)
(A) Permits.
(1) It shall be unlawful for any person, firm, or corporation to erect, construct in a place, place or re-erect, replace or substantially repair any tower without first making application to the city and securing a permit therefor as hereinafter provided.
(2) At the time of the application, the applicant shall provide written certification to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.
(B) Fee. The applicant shall pay a building permit fee in the amount of $2,500 for any new towers and $1,000 for any new collocations.
(C) Construction requirements. All antennas and towers erected, constructed, or modified within the city, and all wiring therefor, shall comply with the following requirements.
(1) All applicable provisions of the city code.
(2) The tower shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind-loading requirements of the International Building Code and the Electronics Industry Association.
(3) With the exception of necessary electric and telephone service connection lines, no part of any antenna or tower, nor any lines, cable, equipment or wires or braces in connection with either, shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk or property line.
(4) Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices, and to comply with the provisions of the National Electrical Code.
(5) All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower and antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.
(6) Every tower affixed to the ground shall be protected to discourage unauthorized persons from climbing the tower.
(7) All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration as applicable.
(8) Antennas and towers shall not be erected in in the city in violation of the following restrictions, unless they are specifically waived by the City Council, after a public hearing and recommendation by the Zoning Board of Appeals, in approving an application.
(a) Notwithstanding the general provisions of this chapter, and the applicable provisions of this Title XV, the required setback for an antenna or tower attached directly to the ground shall be equal to the height of the antenna and tower. Those antennas and towers attached to a building and whose base is not on the ground may be constructed, if setback a distance equal to one-half the height of the tower, less the distance from the point of attachment on the building to the ground.
(b) No tower shall exceed a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line that serves more than one dwelling or place of business. Those antennas and towers originally attached to a building, and whose base is not on the ground, shall not exceed an overall height from the point of attachment to the top of tower that is greater than the distance from the point of attachment to the nearest overhead electrical power line serving more than one dwelling or business.
(c) Metal towers shall be constructed of, or treated with, corrosive-resistant material. Wood poles shall be impregnated with rot-resistant substances.
(d) In a residential zoning district, except in the case of pubic property, the applicant will provide a written statement from a licensed engineer certifying that the applicant will be prohibited from providing commercial wireless telecommunication services, as provided for in the Telecommunications Act of 1996, as amended from time to time, unless a tower is constructed in a residential zoning district.
(e) The applicant must request approval of a conditional use permit from the city, pursuant to § 153.095, in all zoning districts.
(9) If a tower is hereafter damaged or destroyed, for any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but the tower may not be repaired or restored, except in full compliance with this chapter.
(Ord. 2023-9, passed 9-13-2023)
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