(A) Purpose. The purpose of this section is to regulate wireless telecommunications facilities as defined in § 156.M.003, Definitions. This section provides opportunities to supply wireless telecommunications services in the city with minimal negative impact to the community while respecting both residential, mixed-use, and commercial neighborhoods.
(B) Applicability.
(1) All facilities. This section applies to all wireless communications facilities.
(2) Airport zoning protected. The provisions of this section shall not be deemed to prohibit administration and enforcement of airport zoning for the protection of navigable airspace, pursuant to I.C.A. Chapter 329, by a municipality, airport, or aviation authority.
(C) Existing towers. Legally existing wireless communication towers are deemed as equivalent to sites that are approved pursuant to the provisions set out in this Zoning Ordinance.
(D) Permitted by right. The following facilities are permitted by right:
(1) Stealth wireless communication antennas. New antennas on existing structures (including, but not limited to, flag poles, buildings, water towers, light poles, electric towers, church steeples, or silos) do not require a special use permit, but may require an electrical or building permit.
(2) Co-located antennas. New antennas being placed on existing wireless support structures with a valid special use permit do not require a special use permit, but may require an electrical or building permit.
(3) Small cell facility. Small cell wireless facilities shall be sited and reviewed in accordance with I.C.A. Chapter 8C, Iowa Cell Siting Act.
(E) Permitted wireless telecommunication facilities by district. Table 156.C.009-1, Permitted Wireless Telecommunications Facilities by District, shows which wireless telecommunication facility types are allowed in each grouping of districts and provides a cross-reference to specific standards in this section for each type.
Permitted Wireless Telecommunications Facilities by District | ||||
Type of Wireless Telecommunication Facility | AG, RR, RL, RM, RH, | MU, UC, GC, PI, REC | GI | Standards1 |
Permitted Wireless Telecommunications Facilities by District | ||||
Type of Wireless Telecommunication Facility | AG, RR, RL, RM, RH, | MU, UC, GC, PI, REC | GI | Standards1 |
Small Cell | P | P | P | F.2 |
Concealed | S | P | P | F.3 |
Industrial Microcells, Distributed Antenna Systems (DAS), Macrocells, and Similar Facilities | S | P | P | F.4 |
Freestanding Tower | -- | S | P | F.5 |
Those not permitted by, or not meeting the requirements of this section | -- | S | S | F.6 |
Notes: 1. The standards of division (F)(1), Generally, apply to all districts and facilities. P = Permitted; S = Special Use Permit; -- = Prohibited | ||||
(F) Standards.
(1) Generally. The following standards shall apply to all wireless telecommunications facilities:
(a) Tower design. Support structures shall be designed to collapse upon themselves or to collapse within the smallest possible area should structural failure occur. The applicant shall submit written certification and supporting documentation from a structural engineer to this effect.
(b) Screening. Equipment cabinets and related structures or equipment not located within central communications hubs shall be screened or camouflaged and if not collocated shall meet the requirements for accessory buildings per § 156.C.007, Accessory Uses and Structures. Central communications hubs shall be considered principal buildings and shall meet the minimum setback regulations and maximum height restrictions of the district in which they are located or as may be more strictly conditioned and approved by the Board of Adjustment.
(c) Lighting. Telecommunication towers shall only be illuminated as required by the Federal Communication Commission (FCC) and/or the Federal Aviation Administration (FAA). Security lighting around the base of a tower must be shielded so that no light is directed towards adjacent properties or rights-of-way.
(d) Advertising. No advertising of any type may be placed on the facility.
(2) Small cell.
(a) Other than associated equipment cabinets and other equipment that may be located on the ground, such facilities shall be collocated.
(b) The height of such equipment shall not increase the height of the utilized support structure by more than five feet.
(c) All collocated equipment shall be camouflaged.
(3) Concealed.
(a) Unless collocated, minimum setback regulations shall be controlled by the district in which it is located or as may be more strictly conditioned and approved by the Board of Adjustment.
(b) The height of such facilities may exceed the maximum height regulation of the district in which it is located but shall be limited to the height specified in the special use permit application or as may be more strictly conditioned and approved by the Board of Adjustment.
(4) Industrial microcells, distributed antenna systems (DAS), macrocells, and similar facilities.
(a) Other than associated equipment cabinets and other equipment that may be located on the ground, such facilities shall be collocated.
(b) The height of such equipment shall not increase the height of the utilized support structure by more than five feet.
(c) All collocated equipment shall be camouflaged.
(5) Freestanding tower.
(a) Facilities shall not exceed 200 feet in height.
(b) Support structures shall meet the minimum setback regulations of the GI district.
(c) Telecommunications towers shall be designed for more than one accommodation.
(d) Support structures shall be designed to collapse upon themselves or to collapse within the smallest possible area should a structural failure occur. The applicant shall submit a written certification and supporting documentation from a structural engineer to this effect.
(e) Equipment cabinets and related structures or equipment not located within central communications hubs shall be screened or camouflaged and shall meet the requirements for accessory buildings per § 156.C.007, Accessory Uses and Structures. Central communications hubs shall meet the minimum setback regulations and maximum height restrictions of the GI district.
(6) Those not permitted by, or not meeting the requirements of this section.
(a) All regulating details of the facility (i.e. type, height, setbacks, etc.) shall be as specified in the special use permit application or as may be more strictly conditioned and approved by the Board of Adjustment.
(b) If installing a telecommunications tower, it shall be designed for more than one accommodation.
(c) Support structures shall be designed to collapse upon themselves or to collapse within the smallest possible area should a structural failure occur. The applicant shall submit a written certification and supporting documentation from a structural engineer to this effect.
(G) Maintenance and enforcement.
(1) Maintenance. All required screening, landscaping, camouflaging, concealment mechanisms, and other features shall be maintained, repaired, or replaced.
(2) Enforcement. Enforcement and penalties due to violations of any section of this section shall be as otherwise stated in Article L, Enforcement and Remedies.
(H) Removal of defective or abandoned facilities.
(1) Repair or removal. Any component of a wireless telecommunications facility that is found to be defective or unsafe shall be repaired immediately by the owner or operator to comply with federal, state, and local safety standards or removed within 30 days upon receipt of written notice.
(2) Abandonment. A tower that is not used for a period of 12 consecutive months, or that has not been inspected pursuant to division (I), Inspections, below, shall be considered abandoned, and the owner shall remove the tower from the property within 90 days of receipt of notice from the Zoning Administrator. An abandoned tower that is not removed within the 90-day period is a public nuisance, and the city shall take actions to abate the nuisance by removal and assess the costs thereof to the property.
(I) Inspections. Telecommunication towers shall be inspected by a qualified tower inspection service once every 36 months by the owner, operator, or a representative to assess the structural condition of the tower and support equipment. An inspection report shall be prepared and filed with the Zoning Administrator upon request. The required report shall certify that the tower continues to meet or exceed the current published EIA/TIA structural standards and is in sound and safe operating condition.
(J) Utilization of Section 6409 Wireless Facilities Deployment of the Spectrum Act being part of the Middle-Class Tax Relief and Job Creation Act of 2012.
(1) Applicable facilities. The permissions granted by the Spectrum Act Section 6409 Wireless Facilities Deployment (Section 6409) shall be applicable only to wireless telecommunications facilities deemed to be an eligible facility in existence prior to the original enactment of this section. Modifications shall not substantially change eligible facilities.
(2) Required information.
(a) To make modifications to a wireless telecommunications facility per the permissions of Section 6409, the property owner shall submit the following information:
1. Name, address, telephone numbers, and email addresses of the property owner, the applicant, and the owner of the facility proposed for modification;
2. Evidence that the wireless telecommunications facility is an eligible facility that existed prior to April 11, 2022;
3. Location map and elevation drawings of the existing facility and the proposed modifications prepared and certified by a professional engineer;
4. All existing equipment from all providers and, if applicable, all equipment owned and operated by railroad companies (The information provided for the existing eligible facility may be used as the baseline of facts regarding the site's characteristics if it is the facility's first utilization of Section 6409 and shall be used to prevent abuse of the legislation); and
5. A letter describing the request.
(b) The letter, and additional application submissions as required above, shall clearly demonstrate the proposed modification would not substantially change the existing eligible facility. Substantial changes are made if any one of the following occurs:
1. For towers outside of public rights-of-way, it increases the height by more than 20 feet or 10%, whichever is greater; for those towers in the rights-of-way and for all wireless telecommunication facilities, it increases the height of the facility by more than 10% or ten feet, whichever is greater;
2. For towers outside of public rights-of-way, it protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for those towers in the rights-of-way and for all wireless telecommunications facilities, it protrudes from the edge of the support structure more than six feet;
3. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
4. It entails any excavation or deployment outside the current site of the wireless telecommunications facility;
5. It would defeat the existing concealment elements of the wireless telecommunications facility; or
6. It does not comply with conditions associated with the prior approval of the tower or base station unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds.
(Ord. 15039, passed 4-11-2022)