Except as otherwise provided in this Chapter, all wireless telecommunication towers and their related facilities shall comply with the following standards:
(a) Spacing. There shall be a separation of a minimum of one-quarter (¼) mile between wireless telecommunication towers, including a separation of at least one-quarter (¼) mile from any such tower located outside the City’s corporate limits at the time an application is made for a tower to be located within the City.
(b) Height.
(1) The maximum height of a free-standing wireless telecommunication tower, including its antenna and all appurtenances, shall be less than 200 feet above the approved grade.
(2) The maximum height of any wireless telecommunication antenna installed pursuant to subsection 1159.04(c)(1)B. shall be no greater than the height of the existing tower or structure to which it is attached. The maximum height of any antenna installed pursuant to subsection 1159.04(c)(1)A. shall be no greater than fifteen (15) feet above the highest point of the roof on which it is attached.
(3) The height of any equipment shelter shall not exceed fifteen (15) feet from the approved grade.
(c) Setbacks.
(1) Except as provided in subsection (c)(2) below, all wireless telecommunication towers shall be set back from property lines a distance of at least 300 feet from residentially zoned property. Otherwise, the tower and related facilities shall comply with the required setbacks for 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.
(2) All wireless telecommunication towers located on an Interstate Highway right-of-way shall be set back from a dwelling unit a distance of 110% of the height of the Tower.
(d) Design.
(1) All wireless telecommunication towers shall be of a monopole design, as opposed to a lattice design. No guy wired towers shall be permitted.
(2) All wireless telecommunication facilities shall be subject to review by the Architectural Board of Review (ABR) for the purpose of enhancing the compatibility of the facilities with their surroundings. The color of a wireless telecommunication tower including any antenna(s) attached thereon shall be as determined by the ABR for the purpose of minimizing its visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA).
(3) The wireless telecommunication antenna(s) shall be of a panel design and mounted flush to the tower, building or structure which elevates the antenna(s), unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antenna(s) or to mount them in such a fashion.
(e) Landscaping. A landscaped buffer area of not less than fifteen (15) feet in depth shall be placed between the wireless telecommunication 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 (15) foot landscaped buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six (6) feet in height, Chapter 1141 notwithstanding. The landscaping shall be continuously maintained and promptly restored, if necessary.
(f) 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 wireless telecommunication tower, antenna(s), equipment shelter, and appurtenances, and shall certify that radio frequency emissions are in compliance with the regulations of the FCC and shall certify that the use of the facilities will not adversely affect or interfere with radio transmissions for public safety purposes.
(g) Maintenance.
(1) 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.
(2) On each biennial anniversary of the issuance of the use permit for a wireless telecommunication facility, or not more than ninety (90) 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.
(h) Lighting.
(1) All wireless telecommunication antennas or towers 100 feet in height or greater shall be illuminated for aviation purposes by the most visually nonobtrusive “state-of-the-art” lighting available, unless otherwise required by the FAA. Lighting fixtures or signs shall not be attached to the antenna or tower.
(2) Unless required by law, all antennas or towers less than 100 feet in height shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, the most visually nonobtrusive “state-of-the-art” lighting available shall be used, unless otherwise required by the FAA.
(i) Security.
(1) A security fence not less than six (6) feet above grade but not greater than eight (8) feet in height shall fully enclose those portions of the wireless telecommunication facility which come in contact with the ground. Any fence greater than six (6) feet above grade shall be construed such that at least fifty percent (50%) of any linear foot of such fence is open for the through passage of light and air. Gates shall be locked at all times.
(2) A permanent warning sign with a minimum size of one (1) square foot and a maximum size of three (3) square feet shall be posted on the site, as well as an emergency telephone number of the owner/user of each set of antennas on the site. The owner/user shall also provide the Commissioner, the Fire Department and the Police Department, with information on whom to contact, an address, and a telephone number in the event of an emergency.
(j) Advertising Prohibited. No advertising sign(s) or device(s) shall be permitted anywhere on a wireless telecommunication facility site.
(k) 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 temporary emergency power to the facility only during a power outage.
(l) Access to Facility. The access driveway to the wireless telecommunication facility shall, whenever feasible, be provided along with 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 (18) feet in width with a minimum overhead clearance of eleven (11) feet and shall be set back a minimum of twenty (20) feet 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 (1) off-street parking space on the facility site.
(m) Accessory Equipment Shelter. The maximum cumulative total size of all equipment shelters accessory to a wireless telecommunication tower or antenna on a lot shall be 750 square feet and their maximum height shall not exceed fifteen (15) feet above the approved grade at the site for an equipment shelter with a pitched roof and a maximum height of ten (10) feet above the approved grade at the site for an equipment shelter with a flat roof. Only one (1) equipment shelter, or the configuration of more than one (1) equipment shelter constructed to appear that there is only one (1) equipment shelter, shall be permitted on a lot. The roof and facade of the equipment shelter shall be compatible as to architectural design and materials with the principal building on the lot, if any. 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.
(n) Utilities to be Underground. All utility lines from the utility source to the wireless telecommunication facility shall be underground.
(o) Time Limit for Commencement and Completion. After issuance of a building permit to construct a wireless telecommunication facility, the applicant shall commence construction within six (6) months and shall complete construction within one (1) year or the permit shall expire.
(p) Abandonment and Removal of Facilities.
(1) If at any time the use of the wireless telecommunication facility is discontinued for 180 consecutive days, the facility shall be deemed abandoned. The Director shall notify the owner/user in writing and advise that the facility must be reactivated within ninety (90) days, or it must be dismantled and removed from the site and the site restored to a landscaped condition within that same ninety (90)-day period, all 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 use permit, file a declaration with the Director as to the continuing operation of each of its facilities within the
City.
(2) The applicant for a wireless telecommunication tower shall be required as a condition of issuance of a building permit to post a cash or surety bond of not less than $100.00 per vertical foot from grade of the wireless telecommunication facility.
If an access drive which is separate from an existing access drive on the property is required to be constructed for a wireless telecommunication facility, the owner/operator of the facility shall also be required as a condition of issuance of a building permit to post a cash or surety bond of not less than thirty dollars ($30.00) per linear foot of access drive. The bond(s) shall insure that an unused, abandoned, obsolete or destroyed wireless telecommunication facility and/or access drive shall be removed within 180 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 or operates the facility.
(Ord. 3-98. Passed 5-18-1998.)