(a) PURPOSE. These regulations are established to provide for the construction and use of Wireless Telecommunication Facilities in the City. The regulations allow Wireless Telecommunication Facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§151 et seq.) and the interests of the City in regulating Wireless Telecommunication 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, historic character, unobstructed open spaces and attractive commercial/office areas;
(4) To protect residential properties, open spaces and the nonintensive 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; and
(7) To maintain, where possible, the integrity of the existing zoning regulations contained in this Planning and Zoning Code.
The regulations established a hierarchy of acceptable land areas for the location of Wireless Telecommunication Facilities through the establishment of such use as a permitted use in certain zoning districts or as a conditional use in certain zoning districts for erection of Antennas only, which determination is dependent upon the location and characteristics of such land areas.
Where applicable, the regulations governing the Wireless Telecommunications Facilities shall control and supersede wherever they are inconsistent with other provisions of this Planning and Zoning Code.
(b) As used in this chapter, the definitions found in Section 1101.01 shall apply unless the context clearly indicates or requires a different meaning.
(c) 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.
(d) USE REGULATIONS.
(1) Permitted use.
A. A Wireless Telecommunication Tower shall be permitted in all Districts so long as acquiring a conditional use permit and meeting the zoning requirements.
(2) Conditional use.
A. Antennas. The erection or construction of a Wireless Telecommunication Antenna(s) on an existing Wireless Telecommunication Tower may be permitted as a conditional use as a Collocation on such a Tower provided that all electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing Equipment Shelter or as such Shelter may be expanded. Such use may be approved by the Planning Commission upon submission of an application to the Zoning Administrator which meets all applicable regulations of this section related to the placement of the Wireless Telecommunication Equipment and related Facilities associated with such Antenna(s).
B. Towers. A Wireless Telecommunication Tower may be permitted as a permitted or conditional use only in the areas indicated in this Planning and Zoning Code, unless a variance is approved. Such use may be approved by the Planning Commission upon submission of an application to the Zoning Administrator, provided the applicant demonstrates compliance with each of the following Collocation requirements in this section, as well as the standards set forth in Provision (e) of this section.
C. Collocation Requirements.
1. Construction of a Wireless Telecommunications Tower will only be considered as a Conditional Use under subsection (d)(2)B. where the applicant demonstrates, in addition to any other specified required criteria, that 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 the application, the applicant shall list 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. The applicant must demonstrate that a Technically Suitable location is not reasonably available on an existing Tower, building or structure. If another existing Tower, building or structure is Technically Suitable, the applicant must demonstrate that it has requested to Collocate on the existing Tower, building or structure and the Collocation 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 Collocation, but in no event shall they respond more than thirty (30) days from the date of receipt of a written request for Collocation. If another Tower, building or structure is Technically Suitable, the applicant must further show that it has offered to allow the owner of that other Tower, building or structure to Collocate an Antenna(s) on another Tower, building or structure within the City which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted.
2. 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 two hundred (200) feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least four (4) Antenna platforms or Antenna arrays of equal loading capacity for four (4) 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 (4) separate users of the Facility. If an Equipment Shelter is initially constructed to accommodate fewer than four (4) users, space shall be reserved on site for Equipment Shelter expansions to accommodate up to at least four (4) separate users. Agreement to the provisions of this subsection 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 Zoning Administrator evidencing that the landowner of the property on which the Tower is to be located has agreed to the terms of this subsection. 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 (30) days after receipt of a written inquiry. Copies of all written requests to Collocate and all written responses shall be sent to the Zoning Administrator.
(3) Accessory Use.
A. 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 buildings or structures in any of the following zoning districts in the City: I-1, I-2 as may be restricted by height.
B. In addition, all Wireless Telecommunication Facilities shall not be located greater than fifteen (15) feet above the roof line of an existing building or structure to which it is attached. All electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing building or structure, if possible. To the extent the remaining standards of this Chapter are applicable to the situation involving the installation of a Wireless Telecommunication Antenna(s) on an existing building or structure, such standards shall govern the installation.
(e) MINIMUM STANDARDS FOR CONSTRUCTION, ERECTION, MAINTENANCE AND REMOVAL. Except as otherwise provided in this chapter, all Wireless Telecommunication Facilities shall comply with the following standards:
(1) Spacing. There shall be a separation of a minimum of one-half (½) mile(s) between Wireless Telecommunication Towers, including a separation of at least one-half (½) mile(s) from any such Tower located outside the City’s corporate limits.
(2) Height. The maximum height of a free-standing Wireless Telecommunication Tower, including its Antenna and all appurtenances, shall be less than two hundred (200) feet above grade. The height of any Equipment Shelter shall not exceed fifteen (15) feet from the approved grade. The maximum height of any Wireless Telecommunication Antenna, installed on an existing building or structure pursuant to subsection (d)(3) hereof, shall be no greater in height than fifteen (15) feet above the roof line of the existing building or structure to which it is attached.
(3) Setbacks. All Wireless Telecommunication Towers shall be set back from property lines a distance of three hundred feet (300'). Otherwise, all Wireless Telecommunication Facilities, other than Towers, 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, or in front of the front yard setback line as shown on the Zoning Map when no principal building is present on the lot.
(4) Design.
A. All Wireless Telecommunication Towers shall be of a Monopole design, as opposed to a Lattice design. No guy wired Towers shall be permitted. All wires and conduit servicing Antennas shall be located inside the Tower.
B. All Wireless Telecommunication Facilities shall be subject to review by the Planning Commission 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 ABR for the purpose of minimizing its visibility, unless otherwise required by the 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.
(5) Landscaping. A landscape buffer 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 there is a direct view of the Facilities, other than the Tower itself. The landscape buffer area shall have a tight screen fence of hardy evergreen shrubbery not less than six feet (6') in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
(6) 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.
(7) 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 building 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.
(8) Lighting Prohibited. Except as required by law, a Wireless Telecommunication Antenna or Tower 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.
(9) Security.
A. Climbing rungs or other apparatus designed to assist a person to climb a Wireless Telecommunication Tower shall be located on the Tower no lower than fifteen (15) feet above grade.
B. Adequate fencing shall be erected and warning signs and emergency contact number shall be posted.
C. Other security measures for the Facility shall be determined by the Planning Commission as is appropriate under the circumstances of the particular application.
(10) Advertising Prohibited. No advertising sign(s) or devices shall be permitted anywhere on a Wireless Telecommunication Facility site.
(11) Outdoor Storage. There shall be no outdoor storage of equipment or other items on this Wireless Telecommunication Facility site except during the Facility construction period and to supply temporary emergency power to the Facility only during a power outage.
(12) 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 18 feet in width with a minimum overhead clearance of 18 feet and shall be set back a minimum of 10 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 five hundred (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 five hundred (500) feet of the driveway. There shall be a maximum of four (4) off-street parking space(s) on the Facility site.
(13) Accessory Equipment Shelter. One (1) Equipment Shelter accessory to a Wireless Telecommunication Tower or antenna shall be permitted on a lot. The size of an Equipment Shelter shall depend on the total number of separate entities having Antennas located at the Facility. The maximum total size of an Equipment Shelter for one (1) entity having Antennas at a Facility shall be two hundred fifty square feet (250') with an additional maximum of two hundred fifty square feet (250') permitted for each collocator, up to a maximum of one thousand square feet (1000'). The maximum height of an Equipment Shelter shall not exceed fifteen feet (15') above the approved grade at the site for an Equipment Shelter with a pitched roof and a maximum height of ten feet (10') above the approved grade at the site for an Equipment Shelter with a flat roof. 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, and shall be subject to review by the Planning Commission pursuant to Chapter 1141 of this Planning and Zoning Code. 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. Any Equipment Shelter located on the roof of an existing building shall comply with Provision (d)(3) of this section.
(f) UNDERGROUNDING OF UTILITIES. All utility lines from the utility source to the Wireless Telecommunication Facility shall be underground.
(g) TIME LIMIT FOR COMMENCEMENT AND COMPLETION. After issuance of a Zoning Permit and/or building permit to construct a Wireless Telecommunication Facility, the applicant shall commence and complete construction as required in accordance with Chapter 1141 of this Planning and Zoning Code.
(h) ABANDONMENT AND REMOVAL OF FACILITIES.
(1) The applicant for the Wireless Telecommunication Facility shall be required as a condition of issuance of a building permit to post a cash or surety bond acceptable to the City Law Director of not less than one hundred dollars ($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 acceptable to the City Law Director of not less than thirty dollars ($30.00) per linear foot of access drive. The bond(s) shall insure that an abandoned, obsolete or destroyed Wireless Telecommunication Facility and/or access drive shall be removed within one hundred eighty- one (181) 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 owns or occupies the Facility.
(2) The owner/user of the Wireless Telecommunication Facility shall, on no less than an annual basis from the date of issuance of the building permit, file a declaration with the Zoning Administrator as to the continuing operation of each of its Facilities within the City.
(3) If at any time the use of the Wireless Telecommunication Facility is discontinued for one hundred eighty-one (181) consecutive days, the Facility shall be deemed abandoned. The Zoning Administrator 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 shall have the right to appeal the Zoning Administrator’s decision to require removal of an abandoned Facility to the Board of Zoning Appeals pursuant to Chapter 175 of the Codified Ordinances.
(i) FEES. In addition to any other fees required under the City’s Planning and Zoning Code and Building Code, the Zoning Administrator and/or Building Inspector shall cause to be collected the following fees in connection with applications for Facilities covered by this section.
(1) New Wireless Telecommunication Facility - fifteen hundred dollars ($1,500.00) deposit upon which expenses incurred by the City will be drawn and the unused balance, if any, returned to the applicant upon final inspection prior to authorization of commencement of the use.
(2) New Wireless Telecommunication Antenna and related Facilities (without a Tower) - five hundred dollars ($500.00).
(3) Annual inspection fee for Wireless Telecommunication Antenna and related Facilities that have been erected after the effective date of this Planing and Zoning Code - one hundred dollars ($100.00).
(j) The applicant for a Wireless Telecommunication Tower and/or Antenna Facility shall be responsible for all expenses incurred by the City for any technical and/or engineering services deemed necessary by the Zoning Administrator, the Planning Commission, or the Board of Zoning Appeals, to perform any reviews required by the Codified Ordinances which are not covered by the fees set forth in this section.
(k) EXISTING STRUCTURES. Subject to the provisions of this section, any Wireless Telecommunication Tower and/or Antenna Facility erected prior to the effective date of this Planning and Zoning Code is hereby declared to be a legal nonconforming structure.
(l) 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 Council.
(m) VARIANCE. The Planning Commission has exclusive authority to any other board or commission to recommend the granting of a variance to any of the provisions of this Section 1127 as applied to any Wireless Telecommunication Facility application pending before the Planning Commission, except that, notwithstanding any other section of this Planning and Zoning Code, no variance shall be granted as it relates to siting of a wireless telecommunication tower. The Planning Commission shall make a determination on a proposed variance of any provisions of this section based on the criteria (1) through (8) of this subsection (m), inclusive. The Planning Commission’s consideration of a variance under this subsection shall not be based upon the environmental effects of radio frequency emissions from the Facility so long as the applicant’s proposed Facility will meet the Federal Communications Commission’s (FCC) requirements for such emissions.
(1) The Wireless Telecommunication Facility as proposed will be in keeping with the land use policies established by the City.
(2) The Facility as proposed will be in harmony with the general and specific purposes for which the Planning and Zoning Code, including this chapter, were enacted and for which the regulations of the district in question were established.
(3) The Facility as proposed will not create any public nuisance.
(4) The Facility as proposed will not have a substantial or undue adverse impact upon adjacent property, the character of the neighborhood or area, or the public peace, health, safety and general welfare.
(5) The Facility as proposed will be constructed, arranged and operated so as not to excessively interfere with the use and development of neighboring property in accordance with the applicable district regulations.
(6) The Facility as proposed will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection.
(7) The Facility as proposed will not result in unnecessary destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(8) The Facility as proposed complies with all other standards imposed on it by this chapter.
(Ord. 074-10. Passed 12-20-10.)