(A) (1) Purpose. The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and installation of antennas. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the city as set forth within the goals, objectives and policies of the Mt. Pleasant Comprehensive Master Plan. The following regulations are intended to provide:
(a) The appropriate location and development for wireless communication towers, antennas, and accessory facilities to serve the residents and businesses of the city;
(b) Minimize visual impacts of towers, antennas, and accessory facilities through careful design, siting, and screening;
(c) Avoid potential damage to adjacent properties from tower failure and falling debris through engineering and careful siting of tower structures;
(d) Maximize use of any new or existing communication tower to reduce the number of towers needed.
(2) Whereas, it is expressly stated that said regulations are not intended to unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless communication services within the corporate limits of the city and encourage managed development of telecommunications infrastructure to insure the city's role in the evolution of technology.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING
. A building housing electronic and communication equipment as an associated and permitted part of a wireless communication system.
ANTENNA
. Any exterior apparatus designed for wireless radio, television, microwave or telephonic communication through the sending and/or receiving of electromagnetic waves.
ANTENNA, BUILDING ATTACHED
. Antenna attached to existing structures in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are mounted to the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, and the like.
ANTENNA, MICROWAVE
. Also known as "dish" antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.
ANTENNA, PANEL
. Also known as "directional" antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennae are typically flat, rectangular devices approximately six to eight square feet in size.
ANTENNA, WHIP
. Also known as "omni-directional" antenna. Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between 1 and 18 feet in height. They are used to emit signals in a 360 degree horizontal plane and a compressed vertical plane.
BACKHAUL PROVIDER
. The ground wire provider that provides the wire connection between the base transmitting station and the mobile switching center and between the mobile switching center and the local telephone network.
CO-LOCATION
. The act of locating wireless communications equipment for more than one use on a single antenna facility.
FAA
. Federal Aviation Administration.
FCC.
Federal Communications Commission.
HEIGHT
. When referring to an antenna or other structure, the distance measured from ground level to the highest point on the structure, even if the highest point is an antenna.
MONOPOLE
. A self-supporting antenna facility composed of a single spire more than 35 feet tall used to support communications equipment or other visible items. No guy wires are used or permitted.
STEALTH FACILITY
. A wireless facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless towers that replicate or duplicate the construction of common structures such as flagpoles and camouflaged wireless towers that are constructed to blend into the surrounding environment.
TOWER FACILITY
. Any structure that is more than 35 feet tall and is designed and constructed primarily for the purpose of supporting one or more antennas, including self supporting lattice towers, guy towers, or monopoles.
TOWER, GUYED
. Any monopole or lattice tower structure more than 35 feet in height that is used to support antennas, or other visible items that is secured to the ground by cables for stability.
TOWER, LATTICE
. A self-supporting tower having three or four support legs with cross-bracing and holding a variety of antennas.
WIRELESS COMMUNICATION SYSTEM
. (Antenna support structures for mobile and land-based telecommunication facilities.) Whip antennas, panel antennas, microwave antennas, and satellite receive-only antennas, cell enhancers, and related equipment for wireless transmission from a sender to one or more receivers, such as for mobile cellular telephones, mobile radio or television (commercial only) broadcasting towers and transmitting stations. This definition is inclusive of the placement of the above referenced equipment on a monopole tower, a lattice tower, a guyed tower, and any communication tower, which does or does not utilize guy wire support in addition to existing buildings, accessory buildings, or other independent support structures. A wireless communication system shall, by definition, contain only one tower or monopole structure.
(C) General requirements.
(1) Districts where permitted. Wireless communication systems other than towers or antennas as stated in division (C)(2) below, may be permitted in (LI) Light Industrial Zoning District and (HI) Heavy Industrial Zoning District, or by Specific Use Permit in (MF) Multi-Family Zoning District, (GR) General Retail Zoning District, (CB) Central Business Zoning District, (C) Commercial Zoning District, and (PD) Planned Development Zoning District provided that the proponent of such use has incorporated the minimum requirements of this section and any other applicable requirements into the site plan and application materials.
(2) Review and approval. Wireless communication systems shall be approved by the Planning and Building Department pursuant to the standards of administrative review provided by division (C)(3). However, the following wireless systems shall be exempt from said review:
(a) Antennas and/or towers owned by federal, state, or local government entities provided a license, contract or lease authorizing such antenna or tower has been approved by the governing authority of the applicable governmental entity.
(b) Any amateur radio antenna and/or towers which are in compliance with FCC Radio Preemption, 101 FCC 2nd 952 (1985) or the regulations related to amateur radio service adopted under 47 C.F.R. Part 97.
(c) Any antenna less than 50 feet in height situated on a residential site that is intended for television or radio reception.
(3) Building permit requirements. The proponent of a new wireless communication system tower site shall provide the following documentation for review by the Planning and Building Department prior to the approval of a building permit:
(a) Inventory of existing sites. Each applicant for one or more towers shall provide to the Planning Department an inventory of its existing towers including specific information about the location, height, and design of each tower. The Planning Department shall maintain an inventory of existing towers, including specific information about the location, height, and design of each tower. The city may share such information with other persons, organizations or governmental authorities seeking to locate antennas within the city.
(b) Availability of suitable existing wireless communication systems, tower facilities, or antennas. No new wireless communication system, tower facility, or antenna may be permitted unless the applicant demonstrates with sufficient evidence to the reasonable satisfaction of the Planning Department that no existing tower or structure can accommodate the applicant's proposed wireless communication system, tower facility, and/or antenna. Applicants need to refer to § division (D)(3)(f)-(j) as guidelines in preparing sufficient evidence in support of new towers, antennas, or structures.
(c) Site plan. Each applicant requesting a permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information necessary to assessment compliance with this section.
(d) Residential setback. Towers must be set back a distance equal to the height of the tower from any off-site residential structure.
(e) Yard setback. Towers and accessory facilities must satisfy the minimum yard setback requirements for the zoning district in which they are located.
(f) Security fencing. Towers, accessory facilities and any support structures shall be enclosed by security fencing not less than eight feet in height and shall be equipped with an appropriate anti-climbing device. A fence adjacent to a residential district shall be opaque. No fence shall contain barbed, razor or electric wire.
(g) Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a color so as to reduce visual obtrusiveness. At the tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral 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.
(h) Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations.
(i) Tower illumination. Towers shall not be illuminated except as required by the FAA or other applicable federal or state agencies.
(j) Radiation standards. Wireless communication systems shall comply with current FCC standards for non-ionizing electromagnetic radiation (NEIR). The applicant shall submit verification that the proposed site plan ensures compliance with these standards.
(k) Building codes; safety standards. To ensure the structural integrity of towers, antennas and accessory buildings, the owner shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then upon notice being provided to the owner of the tower, the owner shall have ten days from the receipt of notice to contact our office on a plan of action to bring such tower, antenna(s), or accessory building(s) with such codes and standards into compliance. If the owner fails to bring such tower, antenna(s) or accessory building(s) into compliance within the said ten days, the city may remove such or cause such tower, antenna(s), or accessory building(s) to be removed at the owner's expense.
(4) Removal of abandoned antennas, towers, and accessory facilities. Any antenna or tower and accessory facilities that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower and accessory facilities shall be notified and granted ten days from receipt of notice for a plan of action from the planning department notifying the owner of such abandonment. If such antenna, tower or accessory facility(s) is not removed within said ten days, the planning department may cause such antenna or tower and accessory facilities to be removed at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(5) Equipment and storage building. Any accessory building or associated equipment storage shall be screened from public view, landscaped for aesthetic purposes, or be incorporated into the stealth treatment such that it is consistent and complementary with the existing structures and uses on the premises.
(6) Driveway and parking surfaces. All driveways and required parking surfaces accessing any tower facility, wireless communication system, and/or accessory building site shall be constructed in accordance with the city's ordinances for off-street parking facilities (Ordinance No. 2001-15) and curbs, gutters and driveways (see chapter 98).
(7) Limitations. Wireless communication systems and/or tower facilities shall be limited to stealth facilities and/or monopoles only, as permitted within the district by these ordinances.
(8) Tower facility capacity. Under no condition shall a tower facility have more than the number and size of antennas attached to it that are allowed by the tower facility manufacturer's designs and specifications for maximum wind load requirements.
(9) Public easements. Tower facilities shall not be permitted in any public easement.
(10) Maintenance. Wireless communication systems, tower facilities, or antennas obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.
(11) Wireless communication systems/tower facility impact levels. For the purpose of siting wireless communication systems and/or tower facilities, it has been determined that there exists different levels of impact for wireless communication systems/tower facilities depending upon physical location, aesthetics, and land uses compatibility. These impact levels are defined as follows:
(a) Within all zoning districts where wireless communication systems, tower facilities, antennas, or any related structures are permitted or granted a specific use permit, a stealth facility may be erected to where the antenna(s) may be located on any existing structure such as, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna may be aesthetically painted, constructed, or applied with material such that even though it may not be out of sight it is effectively incorporated into the pattern, style, and material or the structure to effectively render it unnoticeable. A new structure may be constructed to hold or house the antenna; however, the structure must be consistent with the overall architectural features of the primary buildings.
(b) No tower shall exceed 100 feet in height.
(D) Specific use requirements for wireless communication systems, tower facilities, and/or antennas.
(1) A specific use permit must be obtained from the Planning and Zoning Commission to locate a wireless communication system, tower facility, and/or antenna in a (MF) Multi-Family Zoning District, (GR) General Retail Zoning District, (CB) Central Business Zoning District, (C) Commercial Zoning District or (PD) Planned Development Zoning District as stated in division (C)(1).
(2) In considering whether to grant a specific use permit from the regulations specified above, the Planning and Zoning Commission shall consider the following:
(a) The effect on the value of the surrounding property;
(b) The potential for interference with the enjoyment of the use of surrounding properties;
(c) Aesthetics;
(d) The necessity of the specific use permit for the public health, safety, and welfare of the citizens or for governmental purposes;
(e) The zoning district and the adjoining zoning districts of the property for which the specific use permit is sought; and
(f) The unique conditions that govern reasonable reception on any given lot.
(3) If application is made for a specific use permit, the applicant must provide the following information:
(a) Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.
(b) Provide photos or drawings of all equipment, structures, and antenna.
(c) Describe why the antenna or tower is necessary.
(d) State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.
(e) Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider.
(f) The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain why these existing sites were not feasible. Refer to division (C)(3)(b) for a guideline. Attach all studies or tests performed which demonstrate why the existing site will not provide sufficient signal coverage. Provide written documentation from existing sites' owners and/or operators, which confirm the statements, provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not.
(g) Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason.
(h) Indicate the proposed provider's current coverage area for the city. Attach maps showing the areas the proposed provider's existing antenna currently covers, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover.
(i) Describe the applicant's master antenna and tower plan for the city. Submit a site plan, refer to division (C)(3)(c), maps and other related documentation. Provide information indicating each phase of the plan.
(j) Describe the applicant's plan to minimize the number of telecommunication antennas and towers needed to cover the city.
(4) The Planning and Zoning Commission will approve a requested application subject to the finding that co-location of this wireless communication system, tower facility, or antenna with a nearby existing facility is technically not feasible and subject to the following conditions:
(a) Applicant will permit co-location of others at the site;
(b) Applicant will configure its antenna and other equipment to accommodate other providers;
(c) Applicant will identify its backhaul provider connecting antenna sites; and
(d) Applicant will give notice to the city identifying any provider who co-locates to the site and identify their backhaul provider.
(Ord. 2002-02, passed 1-15-02)