A. Purpose. The purpose of these regulations for telecommunications facilities are:
1. To facilitate the provision of telecommunications services throughout the City;
2. To enhance the ability to provide telecommunications services to the community quickly, effectively and efficiently;
3. To encourage the location of towers in non-residential zoned districts;
4. To minimize the total number of towers in the community;
5. To encourage the joint use of new and existing tower locations;
6. To ensure that towers are located in areas that minimize adverse impacts;
7. To ensure towers and antennas are configured in a way that minimizes adverse visual impacts by careful design, appropriate setting and landscape screening;
8. To encourage the attachment of antennas on existing structures;
9. To consider public health and safety effects of telecommunications facilities;
10. To avoid damage to adjacent properties from tower failure through careful engineering and locating of tower structures; and
11. To protect residential areas and lands by minimizing adverse impacts of towers.
B. Definitions.
Accessory support facilities shall mean support buildings, structures and equipment cabinets for telecommunications facilities containing, electrical and mechanical equipment and devices used for the reception of or transmission of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities.
Alternative tower structure shall mean clock towers, bell steeples, building structures or building equipment normally maintained above the roof line of a structure, light poles and similar alternative design mounting structures. An alternative tower structure must be compatible with the natural setting and surrounding structures, must camouflage or conceal the presence of antennas and/or towers and be a minimum of thirty (30) feet in height. This term also includes any antenna or antenna array attached to the alternative tower structure.
Antenna shall mean any exterior transmitting or receiving devices mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
Backhaul network shall mean the lines that connect a provider's tower/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
Co-location shall mean the use of a single mount or tower on the ground by more than one (1) carrier or several antennas on an existing building or structure by more than one (1) carrier.
FAA shall mean the Federal Aviation Administration.
FCC shall mean the Federal Communications Commission.
Fall zone shall mean the area of ground within a prescribed radius from the base of a telecommunications tower and antenna. The fall zone is the area within which there is a potential hazard of falling debris or collapsing material.
Telecommunications facilities shall mean the plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications services.
Telecommunications service shall mean the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefits or any closed transmission medium.
Tower shall mean any structure designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and other similar structures. This term also includes any antenna or antenna array attached to the tower structure.
Tower height shall mean, when referring to a tower or other alternative tower structure, the distance measured from the lowest point within ten (10) feet of the structure to the highest point on the tower or other alternative tower structure, including the base pad and any antenna.
C. Permit required. Telecommunications facilities shall be regulated and permitted pursuant to this section and the zoning ordinances of the City.
1. A telecommunications facility shall obtain a building permit as a condition for the setting, construction or operation of the telecommunications facility.
2. These regulations shall apply to all towers and antennas as defined, except:
a. Any tower or antenna not more than seventy (70) feet in height, owned and operated by a federally licensed amateur radio station operator if it is used exclusively as a receive only facility;
b. Any antenna co-located on an existing telecommunications facility, except as expressly provided in this section; or
c. A telecommunications facility located or co-located on property which is owned by the City and designated by the City as a site suitable for location of a telecommunications facility.
3. Any violation of this section is hereby declared to be a public nuisance. In addition to any other relief or penalty provided by law, the City may apply to the McClain County District Court for an injunction to prohibit the continuation of any violation of this section.
D. Co-location requirements.
1. All applicants for a telecommunications facility permit shall co-locate on an existing facility if it is feasible to do so. An existing facility shall be deemed to be available to the applicant for co-location if the facility is within the search ring of the applicant or within a reasonable distance so as to fit into the applicant's design; space is available on the facility; and the facility owner will lease space to applicant at a reasonable market rate.
a. If the applicant finds co-location is not feasible, it shall submit to the City a written statement of the reasons for the infeasibility. The City may retain a technical expert in the field of radio frequency (RF) engineering to determine whether co-location at the site is feasible. The cost for such a technical expert will be at the expense of the applicant.
b. The City may deny the permit unless the applicant demonstrates to the City by that existing telecommunications facilities cannot accommodate the applicant's proposed antenna.
2. A telecommunications tower shall not be permitted unless the owner of the proposed tower certifies to the City that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis. Towers shall be designed and built to accommodate a minimum of three (3) telecommunications facilities.
3. To facilitate co-location and coordination of telecommunication sites all telecommunication service providers shall, within ninety (90) days of the passage of the ordinance from which this section is derived, provide the City with their respective master antenna plans. Said plans shall include detailed maps showing the locations of all telecommunications towers serving any portion of the City and indicating their coverage areas.
4. Providers shall also provide the City with any updates to the above documents within ninety (90) days of their creation.
E. Telecommunication facility standards.
1. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public right-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings.
2. At the telecommunications facility, the design of the buildings and related structures used in conjunction with telecommunications facilities shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the telecommunications facilities to the natural setting and the built environment.
3. The base of the tower and any accessory support facilities such as anchored locations of guy wires shall be screened from view with a solid fence, which shall be a minimum of six (6) feet in height.
4. If a telecommunication facility is adjacent to a residential zone, the base of the tower, accessory support facilities, anchors, parking area, etc. shall have a locked six (6) foot continuous solid fence between and around all appurtenances for securing of these items. Additionally a five (5) foot horizontal buffer of landscaping outside the perimeter of the fenced facilities is required.
5. Guy wires must be anchored no closer than twenty-five (25) feet from any property line. Guy wires shall not cross or encroach any overhead telephone, electric power lines, cable television lines, or any public easement, alley, street or property.
6. The height of a single antenna tower shall not exceed one hundred (100) feet. The height of a tower with two (2) or more antennas shall not exceed one hundred ninety-five (195) feet. Maximum height shall be measured from ground at base to highest point on tower and antenna. A conditional use permit will be required for any structure that exceeds one hundred ninety-five (195) feet.
7. Applicants will be required to demonstrate that the planned telecommunications facility will not cause radio frequency interference with other equipment. Such interference is prohibited.
8. Illumination of a tower is prohibited except as required by the FAA. Strobes shall not be used for nighttime lighting. Any required lighting shall be directed upward and away from adjoining properties. In addition, the ground level security lighting shall not be more than twenty (20) feet in height and shall be focused to avoid conflict with vehicle operators in a public right-of-way and adjacent residential zones and or structures.
9. The applicant will be required to provide ingress/egress only from approved access points and a minimum of one (1) off-street parking space per provider.
10. Fall zone/setback requirements. All wireless telecommunications towers and their equipment shelters shall comply with the building setback provisions of the zoning district in which it is located. In addition, the following requirements shall be observed:
a. In order to insure public safety, the minimum distance from the base of any ground-mounted wireless telecommunications service facility to any property line, road, habitable dwelling, business or institutional use, or public recreation area shall be the height of the tower and any antenna mounted on it. This setback is considered a "fall zone";
b. In the event that an existing structure is proposed for mounting an antenna, a fall zone shall not be required, but the setbacks of the zoning district shall apply. In the case of pre-existing, nonconforming structures, wireless telecommunications service facilities and their equipment shelters shall not increase any nonconformities, except as provided in subsection (E)(10)(c) of this section;
c. In reviewing an application for a permit for a wireless telecommunications facility, the Planning Commission may reduce the required setback or fall zone by as much as fifty percent (50%) of the required distance, if the Planning Commission finds that a substantially better design will result from such a reduction. In making such a finding, the Planning Commission shall consider both the visual and safety impacts of the proposed use.
11. Signs on telecommunication towers shall only display the name, registration and emergency contact number of the tower owner with the exception of signs required by FCC regulations or signs containing warning or safety instructions. Signs are limited to four (4) square feet in size and advertising is expressly prohibited.
12. No tower shall be closer than five hundred (500) feet from another tower. Any new telecommunications tower in excess of one hundred eighty (180) feet in height must be located a minimum of one (1) mile from any existing tower in excess of one hundred eighty (180) feet in height.
13. Support facilities can be no more than three hundred fifty (350) square feet of gross floor area nor more than twelve (12) feet in height per user. Minimum setback requirements of the zoning district apply to the accessory support facilities.
F. Alternative structures standards. Telecommunications facilities may be permitted on an alternative tower structure at least thirty (30) feet tall under the following conditions, which shall be in addition to the requirements of subsections (E) and (G) of this section:
1. The facility and its accessory support facilities comply with all zoning requirements applicable to the alternate structure and the provisions of subsection (E) of this section;
2. If the facility or an accessory support facility is located upon the roof of a structure, each such facility shall be set back a distance from the roof edge at least equal to the height of the telecommunications facility unless the facilities are screened or camouflaged in a manner that is compatible with the surrounding property. The top of the antenna or other facility shall not be more than thirty percent (30%) of the height of the alternate structure, or seventy-five (75) feet, whichever is less;
3. The alternative structure must be similar in color, scale and character to adjoining buildings or structures or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment; and
4. Prior to the installation of any building/roof mounted telecommunications facility, the applicant shall furnish to the City a structural engineer's certification that the building structure will support and not be adversely affected by the proposed antenna and accessory support facility or equipment.
G. Specific standards.
1. All telecommunications facilities shall be erected and operated in compliance with current Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) rules and regulations and other applicable federal, state and local standards.
2. The tower owner is required to provide documentation that the power density levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides the stricter requirements.
3. An applicant must provide a copy of its FCC license or, if the applicant is not an FCC license holder, a copy of at least one (1) letter of commitment from an FCC license holder to locate at least one (1) antenna on the applicant's tower.
4. Telecommunication facilities shall not be permitted in any wetland, floodplain, or wilderness or wildlife area and disturbance to wetland buffer areas shall be minimized. A telecommunication facility shall not be permitted in any area where it would threaten endangered species or critical habitats. Telecommunication facilities shall not be permitted where they would significantly change surface area, contribute significantly to deforestation or create significant water diversions. Storm water run-off shall be contained on-site at all telecommunication facilities. Ground- mounted equipment for personal wireless service facilities shall not generate noise in excess of fifty (50) decibels at the property line. Roof- mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of fifty (50) decibels at ground level at the base of the building closest to the antenna.
5. Telecommunications tower structures must conform to the post current revision of EIA 222 standards. Guyed telecommunications towers shall be designed and located such that, if the structure should fall, it will avoid habitable structures and public ways (refer to subsection (E)(10) of this section). The applicant must supply a structural engineer's certification of the structural integrity of the tower and associated equipment. If more than one (1) user is involved, the applicant shall supply certification that the tower has sufficient integrity to accommodate more than one (1) user.
6. Telecommunications facilities shall be designed and engineered to withstand wind loadings and other design standards as defined by BOCA and ANSI for McClain County, Oklahoma.
H. Permit condition.
1. No owner or occupant of property within the City shall permit, leave or cause to be left on said property any telecommunications facility which has been abandoned or discontinued for use. The provider shall remove its facility within ninety (90) days of the date that it discontinues its use of the facility. If the provider fails to remove the facility within the required time, the facility shall be deemed to be abandoned. The City shall have authority to enter the premises and remove the abandoned facilities. All costs of removal shall be collected from the provider in the manner provided for summary abatement cf nuisance. This requirement shall apply to co-located facilities unless the co-location agreement provides for the removal of abandoned facilities by the tower operator.
2. Defective or unsafe antennas, telecommunication towers or telecommunication facilities are to be repaired or removed within ninety (90) days at the owner or operator's expense. If the facilities are not operated for a continuous period of twenty-four (24) months they shall be considered abandoned and must be removed within ninety (90) days. If not removed, the City may remove at the expense of the owner or operator.
3. Any telecommunications towers or telecommunications facilities existing at the time of the adoption of the ordinance from which this section is derived and not conforming to its provisions shall be considered legal and nonconforming. These facilities shall be permitted to remain provided that they are not:
a. Expanded or increased in height;
b. Restored after damage or destruction, by any means, exceeding fifty percent (50%) of the estimated replacement value; and
c. A hazard to safety, health or welfare.
I. Permit approval process.
1. Except for a proposed telecommunications facility which will co-locate on an existing tower, the applicant for a telecommunications facility permit shall notify all property owners within three hundred (300) feet of the outer boundary of the property proposed for location of the facility. Such notice shall describe the boundaries of the property included in the application, explain the character and dimensions of the proposed telecommunications facility and give an address for the property owners to submit written comments to the applicant. The notice shall include a drawing or other representation of the visual aspect of the proposed facility. The notice shall also contain the date, which shall be not less than fifteen (15) days after the mailing date, set for consideration of the application by the Planning Commission.
2. The permit process will be administered by the Code Enforcement Department.
3. Applicant shall pay a fee of one hundred fifty dollars ($150.00) to cover the cost of the permit process. That permit fee is nonrefundable even if the permit is denied.
4. The applicant must submit to the office of the Code Enforcement Department along with his application, an inventory and contour map of existing facilities that are within the City within five (5) miles of the City limits, including specific information about the location, height, coverage, capacity and design of each telecommunications facility, telecommunication tower and antenna.
5. The Code Enforcement Department will develop, update and maintain an inventory of towers and antennas.
(Code 1991, § 12-223; Code 2016, § 122-74(3); Ord. No. 99-03, § 1, 1-4-1999; Ord. No. 01-03, 3-5-2001; Ord. No. 14-07, § 1(ii), 7-7-2014)