(A) Purpose and applicability.
(1) The city finds that wireless communication facilities provide the necessary connectivity for citizens, businesses, and visitors. Provision of wireless communication facilities in a manner which is not detrimental to neighborhoods is a benefit to the community. Wireless communication facilities proposed for installation in the public right-of-way or other publically owned property shall be a part of networks or systems available for use by citizens, businesses, and the general public.
(2) The goal of this section is to encourage the location of communication towers and equipment in areas of the city which would be least adversely impacted by the visual, aesthetic, and safety implications of their siting; minimize the total number of communication towers throughout the city; strongly encourage the joint use of new and existing tower sites; and enhance the ability of the providers of telecommunication services to provide such services to the community quickly, efficiently, and effectively.
(3) The provisions of this section shall apply to the display, construction, erection, alteration, other-than-normal maintenance, location, and operation of all towers and wireless communication facilities. This section applies to all freestanding or building-mounted towers and wireless communication facilities located on privately owned or publically owned property.
(a) Amateur radio, private, or other non-commercial communication equipment. This section shall not govern any tower, or the installation of any communication equipment, that is under 75 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is exclusively for receive-only antennas. Such towers or equipment shall meet the maximum height established by the zoning district in which it is located. However, any proposed tower, regardless of height, may be subject to applicable airport zoning regulations or other FAA restrictions as determined by a project-specific FAA determination.
1. This section shall not apply to freestanding or building-mounted apparatuses that are less than five feet in height as measured from the base of the apparatus to the top, including any accessories. However, building or electrical permits may still be required for apparatuses that are less than five feet in height, depending on the use of the specific apparatus.
(b) Preexisting towers, antennas, and communication equipment. Any tower, antenna, or communication equipment for which a permit has been properly issued prior to July 1, 2017, shall not be required to meet the requirements of this section, other than the requirements of the FAA and FCC. Any such towers, antennas, or communication equipment shall be referred to as “pre-existing facilities.”
(B) General guidelines.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COLLOCATE. To install or mount a wireless communication facility in the public right-of-way on an existing support structure, an existing tower, or on an existing pole to which a wireless communication facility is attached at the time of the application. COLLOCATION has a corresponding meaning.
FREESTANDING. An apparatus that is not mounted upon a building. A FREESTANDING apparatus may or may not use guy-wires.
KILOWATT (kW). Equal to 1,000 watts.
MINOR MODIFICATIONS. Improvements that change the tower or facility on an existing structure and/or the existing structure itself and do not change the quality, intensity, use, or other bulk and form elements as reviewed and previously approved.
PUBLIC RIGHT-OF-WAY. Any public street, alley, sidewalk, or parkway that is owned or granted by easement, operated or controlled by the city.
SUBSTANTIAL MODIFICATION. A substantial modification includes any of the following events: increasing the existing structures vertical height, adding an additional appurtenance to the existing structure, or any other changes that do not comply with the issued approvals for the existing facility or structure.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers, and that is not a utility pole, an alternative antenna structure, or city-owned infrastructure. Except as otherwise provided for by this section, the requirements for a tower and associated wireless communication facilities shall be those required in this section.
UTILITY POLE. An upright pole or similar structure owned and utilized in a whole or in part by a public utility, municipality. It is designed and used to support electric cables, telephone cables,
telecommunication cables, cable service cables, which are used to provide lighting, traffic control, signage, or a similar function.
WIRELESS COMMUNICATION FACILITY. Low powered antennas that provide cellular and data coverage to small geographic areas supplementing the larger cellular network. It includes all equipment required for the operation and maintenance of radio-frequency communications systems that transmit and/or receive signals, but are not “major wireless telecommunications facilities,” including antennas, electronics, and other types of equipment required for the transmission or receipt of such signals.
(2) Principal or accessory use. Towers and wireless communication facilities may be considered either principal or accessory uses.
(3) Bulk and form regulations. For the purpose of this section, height shall be measured to include the entire apparatus structure; height equals the measurement of the tower from the base plus any accessories, antenna, or equipment mounted upon the tower. For building-mounted apparatuses, the height of the building is not included in this measurement.
(a) Setbacks.
1. Privately or publically owned lots. The minimum distance between any freestanding towers or wireless communication facilities on a privately or publically owned lot and any property line shall be a distance that is equivalent to the height (100%) of the total system height. Building-mounted apparatuses shall only be located on structures that conform to the setback requirements for the district in which they are located per this chapter.
a. No freestanding towers or wireless communication facilities shall be installed in a location within a sight-triangle at an intersection, either public or private, nor shall it be installed so as to restrict sight distance for vehicles exiting public or private driveways, alleys, or the like.
2. City public right-of-way. The minimum setback for any freestanding tower or wireless communication facility shall be no less than three feet from the back of the curb; and the minimum setback for any freestanding tower or wireless communication facility shall be no less than seven feet from the adjacent private property line; and the minimum setback for any freestanding tower or wireless communication facility shall be no less than three feet from the edge of pavement for a driveway, sidewalk, or bike trail. No freestanding tower or wireless communication facility shall be installed in a location within a sight-triangle at an intersection, either public or private, nor shall it be installed so as to restrict sight distance for vehicles exiting public or private driveways, alleys, or the like. Requirements of SUDAS (Statewide Urban Design and Specifications) Manual shall be met. Setbacks, or offsets, shall be determined on a case by case basis for any proposed freestanding tower or wireless communication facility located near existing underground utility mains, services, or lines - both publically and privately owned. Determination of setback, or offset, distances shall be made by the Public Works Department, and will vary depending on the depth of the proposed installation compared to the depths of the existing underground utilities.
(b) Height.
1. Privately or publically owned lots. The maximum height for a tower or wireless communication facility shall be a height that is equal to the setback from any property line up to a maximum of 50 feet in residential zones, up to a maximum of 100 feet in commercial zones, and up to a maximum of 150 feet in industrial zones for freestanding apparatuses. The maximum height for building-mounted apparatuses in all zones shall be equal to or less than 25% of the maximum building height requirement for the zone in which it is located. For example, a building-mounted tower located in a zone with a 35-foot maximum building height requirement shall not have a height greater than eight and three-fourths feet. Any proposed tower or wireless communication facility, regardless of height, may be subject to applicable airport zoning regulations or other FAA restrictions as determined by a project-specific FAA determination.
2. City public rights-of-way. The top of the highest point of the wireless communication facility cannot extend more than ten feet above the highest point of the utility pole, alternative support structure, tower, or city-owned infrastructure, or 40 feet above ground level. If necessary, the replacement or new utility pole, alternative support structure, or city-owned infrastructure located within the public rights-of-way may not be higher than existing poles adjacent to the replacement or new pole or structure. A wireless communication facility, including all related equipment and appurtenances, must be a color that blends with the surroundings of the nearest pole, structure tower, or infrastructure on which it is mounted. All wiring shall be concealed. Any proposed tower or wireless communication facility regardless of height, may be subject to applicable airport zoning regulations or other restrictions after a project-specific FAA determination.
a. In the case that airport zoning or FAA height or other restrictions for the city apply to the location at which the structure is to be erected, the more restrictive, lower height requirement shall apply.
(c) Lighting. No light shall be installed on the tower or wireless communication facility unless required to meet FAA regulations or to meet requirements stipulated by the Zoning Board of Adjustment through the conditional use review process, if applicable.
(d) Climbing apparatus. All climbing apparatus shall be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet. If determined by the Zoning Board of Adjustment through the conditional use review process that the tower design is climbable, fencing may be required.
(e) Signage. Signage is prohibited on all towers and wireless communication facilities, including stickers, logos, and other non-essential graphics and information unless required by the FCC, except for a small placard identifying the service provider and contact information, which shall be placed at six feet above grade, facing away from the public rights-of-way.
(4) Location. Any tower or wireless communication facility shall not be located over or on any drainage, utility, or other established easements without expressed approval by the Public Works Department.
(a) Towers and wireless communication facilities are limited to, regardless of ownership, one per block. This requirement shall not apply to the collocation of facilities onto an existing pole/tower.
(b) Utilities servicing any tower or wireless communication facility regulated in this chapter, regardless of location or type, shall be underground. All underground service lines or feeds proposed in public rights-of-way are subject to a separate telecommunications agreement with the city. Said agreement requires City Council approval along with payment of a fee established by Council resolution. Review of these agreements will be completed by the Public Works Department, and occur concurrently with the conditional use review process through the Zoning Board of Adjustment, if applicable.
(c) Any proposed tower or wireless communication facility proposed for installation in any public right-of-way, as defined above, will be subject to all requirements included in a telecommunications agreement with the city referenced in division (B)(4)(b) above, including:
1. Owner shall have the right under said agreement, after providing proper notice to the city, to maintain/repair its existing facilities. The expansion of (either in geography or in size/capacity) or upgrading of the facility is not considered maintenance/repair.
2. The owner shall, upon reasonable notice and at the sole cost and expense, remove, locate and relocate its facilities in, on, over, or under public property in such manner as the city may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair, or change in grade of any public improvement on, in, or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the city.
3. The owner shall enroll as a member of the ‘Iowa One-Call System’ and shall respond to all requests and notifications placed to the toll free ‘One-Call’ number for proposed excavations by others that may conflict with the owner’s underground facilities.
(d) Any proposed tower or wireless communication facility proposed for installation in any public right-of-way, as defined above, shall meet AASHTO standards for breakaway if located in the clear zone of said right-of-way.
(e) The footprint, or size at ground level, for any tower or wireless communication facility proposed for installation in any public right-of-way, as defined above, shall not exceed four square feet.
(f) No items or appurtenances may project out from any proposed tower or wireless communication facility less than eight feet above any public or private sidewalk or bike trail, or less than 15 feet above any public or private street, highway, road, driveway, parking lot, or other motor vehicle path or route.
(C) Conditional use permit requirement. Towers and wireless communication facilities are recognized to be necessary and desired by some property owners to conduct activities on a given property.
(1) Towers and wireless communication facilities are conditional uses in all zoning districts if the proposed location is on a privately owned or publically owned lot, provided that the setback and height requirements can be met. Also, a conditional use permit shall be required if the proposed siting of the wireless communication facility is on an existing tower, utility pole, or wireless support structure on property zoned and used exclusively for single-family residential use, as outlined by Iowa Code Ch. 8C.7A.
(2) Towers and wireless communication facilities proposed in the public right-of-way, regardless of zoning district, shall meet the requirements of this section and said proposal shall be reviewed by the Public Works Department.
(3) The collocation of wireless communication equipment shall meet the requirements of this section and said proposal shall be review by the Public Works Department.
(D) Conditional use application submittals. An application for a conditional use permit for a tower or wireless communication facility shall include a site plan, structural engineered drawings, and photographs of the property and location where the proposed apparatus will be located. All underground service lines or feed proposed in public rights-of-way shall be included, or shown, in the site plan.
(1) An accurate, detailed site plan showing proposed structure location and property features such as buildings, easements, and significant natural features shall be included with the conditional use permit application.
(2) When reviewing the permit, the Zoning Board of Adjustment shall consider the following: location of tower or facility in relation to other structures and features on the property, proximity to nearby structures, impact to the neighborhood, compliance with requirements of local power and electric company, compliance with FAA regulations and airport zoning regulations. Refer to § 158.178(CC) for additional requirements for conditional use permits.
(E) Additional approval requirements. Upon obtaining a conditional use permit, if applicable, the applicant shall apply for the necessary building and electrical permits as required under the adopted Building Code for the City of Newton. Additional permits, approvals, and licensing may be required for maintenance work or any minor or substantial changes as determined by administrative review and the adopted applicable codes. The requirements of the local electric company shall also be met.
(F) Removal of abandoned towers, communication equipment, and wireless facilities. Any tower or wireless communication facility that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such tower or wireless communication facility shall remove said tower or equipment within 90 days of receipt of notice from the city notifying the owner of such abandonment. If said tower or wireless communication facility is not removed within said 90 days, the city may remove such tower or equipment 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 use of the tower.
(Ord. 2372, passed 4-20-2020; Ord. 2435, passed 8-21-2023)