§ 156.067 TELECOMMUNICATIONS FACILITIES.

   (A)   General provisions. This section establishes criteria under which wireless communications infrastructure will be permitted in the city. Wireless antenna equipment and supporting structures are intended to be located in areas where they are the least obtrusive and most compatible with the surrounding environment.

   (B)   Exemptions. Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, shall be exempt from zoning and permitting requirements. In addition, the following facilities are not subject to the provisions of this chapter:

      (1)   Antennas used by residential households solely for broadcast radio and television reception;

      (2)   Satellite antennas used solely for residential or household purposes;

      (3)   COWs (carrier on wheels) placed for a period of not more than 120 days at any location within the city after a declaration of an emergency or a disaster by the Governor or by the responsible official of the city or the county;

      (4)   COWs (carrier on wheels) placed for a period of not more than two weeks at any location within the city in order to serve a community event declared as such by the City Council;

      (5)   Commercial television and AM/FM radio broadcast towers and associated facilities; and

      (6)   Ham radio and amateur radio facilities.

   (C)   Administrative approval and use permit approval. Telecommunications facilities are permitted in all zoning districts by either an administrative approval or use permit, according to the standards of the telecommunications facility approval matrix.

   (D)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ACCESSORY EQUIPMENT. Any equipment serving or being used in conjunction with a telecommunications facility or support structure. This EQUIPMENT includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

      ADMINISTRATIVE APPROVAL. Zoning approval that the Zoning Administrator or designee is authorized to grant after administrative review.

      ANTENNA. Any structure or device used to collect or radiate electromagnetic waves for the provision of cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes and omnidirectional antennas, such as whips.

      ARCHITECTURALLY INTEGRATED. A telecommunications facility that is primarily an architectural structure and the purpose of the facility for providing wireless services is not readily apparent to a casual observer.

      CAMOUFLAGED. A telecommunications facility that resembles a tree, or naturally occurring environmental feature, or, if the facility is a flag pole, antennas are snug or stealth mounted and a flag is attached to the pole.

      CARRIER. A company authorized and licensed under the federal 1996 Telecommunications Act to provide wireless communications services to the public.

      CARRIER ON WHEELS or CELL ON WHEELS (COW). A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

      CO-LOCATION. The act of siting telecommunications facilities in the same location on the same support structure as other telecommunications facilities. CO-LOCATION also means locating telecommunications facilities on an existing structure (for example: buildings; water tanks; towers; utility poles; and the like) without the need to construct a new support structure.

      DOWNTOWN HISTORIC. For the purposes of locating telecommunication facilities, there are two areas that define the key historic settings in the city. This area includes the following blocks of the Original Town including all rights-of-way and alleys: All of Blocks 7, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20, 21, 22, 28, 29, 30, 41, 42, 43, and the east half of Block 6, east half of Block 23, east half of Block 27, east half of Block 44, and the west half of Block 31, and the west half of Block 40 and all of Block 41 of Uhling Addition. (Commercial areas are Kansas to Grant Street and Canyon to 7th Street. The residential areas are from Kansas to Illinois and from 7th Street to 11th Street, except the block located at the northeast corner of 10th and Jackson.) These areas represent the most significant concentration of historic property in the city and act as the main gateway to the community. For these reasons, telecommunications facilities must be more sensitively designed.

      I-90 CORRIDOR. For the purposes of locating telecommunication facilities, the I-90 CORRIDOR is defined as extending 660 feet from the I-90 right-of-way on both sides of the highway, starting at the north city limit line and ending at the Exit 14 bridge. This is the prime view corridor and scenic gateway of the Spearfish Valley and has been previously recognized as such when billboards were prohibited from this area.

      MAJOR MODIFICATIONS. Improvements to existing telecommunications facilities or support structures that result in a substantial change to the facility or structure. MAJOR MODIFICATIONS shall include any one of the following: extending the height of the support structure by more than 10% of its current height; or the support structure does not meet the definition of replacement as defined in this chapter. Co-location of new telecommunications facilities to an existing support structure without replacement or extension of the structure shall not constitute a MAJOR MODIFICATION. MAJOR MODIFICATIONS shall require use permit approval.

      MINOR MODIFICATIONS. Improvements to existing telecommunications facilities and support structures, that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a “substantial” change. Such MINOR MODIFICATIONS include, but are not limited to, extending the height of the support structure by less than 10% of its current height, and the expansion of the compound area for additional accessory equipment. Final height shall be within the same height category as the original height as described in Table A: Design Points. Heights that are specified in the telecommunications facility approval matrix do not apply to facilities that exist as of July 27, 2006.

      MONOPOLE. A single, freestanding pole-type structure supporting one or more antenna.

      ORDINARY MAINTENANCE. Ensuring that telecommunications facilities and support structures are kept in good operating condition. ORDINARY MAINTENANCE includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a support structure’s foundation or of the support structure itself. ORDINARY MAINTENANCE includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. ORDINARY MAINTENANCE does not include minor and major modifications.

      PUBLICLY OWNED BUILDING. A building or structure owned by a city, state, county or public school district.

      REPLACEMENT. Constructing a new support structure of equal height and proportions to a preexisting support structure in order to accommodate collocation and removing the pre-existing support structure.

      STEALTH TELECOMMUNICATIONS FACILITY. Any telecommunications facility that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer.

      SUPPORT STRUCTURE(S). A structure primarily designed to support telecommunications facilities, including, but not limited to, monopoles, towers and other freestanding self-supporting structures.

      TELECOMMUNICATIONS FACILITY. Any unmanned facility established for the purpose of providing wireless transmission of radio frequency signals, writings, sounds, messages, voice, data, images or other information of any nature by radio, lightwaves, electromagnetic means or other similar means, including, but not limited to, wireless telephone service, personal communications service (PCS), wireless internet and paging service. A TELECOMMUNICATION FACILITY consists of one or more antennas, equipment cabinet, a support structure and accessory equipment.

      TOWER. A lattice-type structure, guyed or freestanding, that supports one or more antennas.

   (E)   Approval processes and facility design requirements. All facilities will be reviewed according to the telecommunications facility approval matrix, which lists the various locations, zoning districts and applications that will be permitted by administrative approval, or use permit approval. All applications for architectural integration shall be reviewed in compliance with the city publication titled Architectural Integration Design Guidelines For Telecommunications Facilities.

Telecommunications Facility Approval Matrix
	Location - Zone - Application	Permitted Use - Administrative Approval	Use Permitted on Review Must Meet Use Permit Criteria	Maximum Location Points
1	Downtown Historic: all residential zoning districts (Overrides all categories below. Existing poles and towers follow rules in row 11)	N/A	AI/C, Max Ht AES: 10 feet, Max Ht AGL: 45 feet	N/A
2	Downtown Historic: CC, C-1 (Overrides all categories below. Existing poles and towers follow rules in row 11)	N/A	AI/C, Max Ht AES: 10 feet, Max Ht AGL: 60 feet, major and minor modifications	N/A
3	Rural Large Lot Single-Family RLS-1, Single-Family R-1, and residential uses in the PUD and DRD (Existing poles and towers follow rules in row 11)	N/A	AI/C, Max Ht AES: 10 feet, Max Ht AGL: 45 feet	N/A
4	I-90 Corridor (overrides AG, commercial uses in the PUD, DRD, C-1, C-2, C-3, I-LR, I-H, and PR Central Core Zoning Districts. Existing poles and towers follow rules in row 11)	AI/C, minor modifications, max height: 60 feet above ground level. If a flag pole, must be S/SE Mt, and flag attached	Facility must be less than or equal to the maximum location points S/SE Mt	11
5	Two & Multi-Family Residential: R-2, R-3. (Existing poles and towers follow rules in row 11)	N/A	AI/C, Max Ht AES: 10 feet, Max Ht AGL: 45 feet	N/A
6	Parks (Existing poles and towers follow rules in row 11)	N/A	Facility must be less than or equal to the maximum location points major modifications	14
7	School, City Facility or Publicly Owned Building/Structure (existing poles and towers follow rules in row 11)	AI/C, minor modifications, max height: 60 feet above ground level	Facility must be less than or equal to the maximum location points major modifications	15
8	AG (Existing poles and towers follow rules in row 11)	AI/C, minor modifications, max height: 60 feet above ground level	Facility must be less than or equal to the maximum location points major modifications	16
9	Commercial Non-Downtown Historic: C-1, C-2, C-3 and nonresidential uses in the PUD & DRD. (Existing poles and towers follow rules in row 11)	AI/C, minor modifications, max height: 60 feet above ground level	Facility must be less than or equal to the maximum location points, major modifications if over 90 feet, setback 660 feet from I-90	17
10	Industrial Parks: I-LR & I-H (Existing poles and towers follow rules in row 11)	S/SE Mt, Max Ht AGL: 125 feet for new facilities with room for co-location on facility, minor modifications 660 foot setback from I-90	Facility must be less than or equal to the maximum location points, major modifications 660 foot setback from I-90	18
11	Existing Poles & Towers (ball field lights, utility poles and towers, flag poles, telecommunications towers	Minor modifications	S/SE Mt, major modifications	N/A
Key: AI/C = Architecturally integrated or camouflaged. Max Ht AES = Maximum height above existing structure. Max Ht AGL = Maximum height above ground level for new and existing structures. S/SE Mt = (antenna) stealth or snug exterior mount.    Stealth mount: antennas that are not visible on the exterior of the support structure.    Snug mount: antennas that are directly attached to the support structure, projecting less than 18 inches from the mounting surface.

 

   (F)   Use permit criteria. The Planning Commission and City Council must find that the application complies with the following criteria to determine if the requested equipment will be permitted:

      (1)   The sum of design points in Table A are less than the maximum location points in Table B; and

      (2)   The application is in compliance with the intent of this section as demonstrated by the following:

         (a)   The facility would not be recognized as a telecommunications facility by virtue of its architecturally integrated or camouflaged appearance, or its visibility is significantly limited.

         (b)   There are technical reasons that will not permit the telecommunications facility to be designed with architectural integration or camouflaged application, if applicable. A detailed narrative explaining the reason(s) shall be submitted to the city.

         (c)   There have been at least two mitigating factors applied to the installation, as described in Table A.

         (d)   Special circumstance(s) exist that reduce the impact of the facility.

         (e)   Ground equipment and support structure color blends with the surrounding setting.

Table A - Design Points
Characteristic	Points
Height points:
Facility height up to 60 feet above existing grade	10
Facility height over 60 feet up to 90 feet above existing grade	15
Facility height over 90 feet up to 120 feet above existing grade	20
Facility height over 120 feet up to 150 feet above existing grade	25
Mitigating factors (subtract from the height points for each factor):
660 feet or greater from R-1, R-2, R-3, DRD or PUD zoning, or any existing residential structures	-6
Antenna are snug mounted, exterior	-1
Antenna is located on pre-existing structure, tower or monopole	-10
Antenna are stealth mounted, interior	-2
Antenna architecturally integrated or on a pre-existing structure (see new definition for architecturally integrated)	Subtract all height points
Room for co-located antenna or is a major modification of an existing pole or tower	-4
Verticality proximity (see note 1) or camouflaged	-8
Note 1: Located within 35 feet of a structure with 75% of the height of proposed facility height

Table B - Maximum Location Points
Location	Maximum Points
Agricultural (A-1) and open space (PR)	16
C-1, C-2, C-3	17
I-90 Corridor (see definitions) overrides all other categories below	11
Industrial parks (Light and Heavy)	18
Parks	14
School, ball field, city facility or publicly owned building/structure	15

 

   (G)   Application submittal requirements. All applications for both administrative review and use permit review must contain the following:

      (1)   Application form completed and signed by applicant;

      (2)   Copy of lease agreement or a letter from a wireless communications carrier indicating the intent to use the property for a telecommunications facility;

      (3)   Letter of authorization from property owner giving permission for the carrier’s authority to pursue zoning application;

      (4)   Letter(s) of preliminary approval from the FAA, the State Historic Preservation Office and other relevant agencies;

      (5)   Drawings that accurately illustrate:

         (a)   Site plan showing the location of all equipment with setbacks and adjacent uses and zoning clearly labeled; and

         (b)   Elevation drawings with dimensions of all improvements clearly labeled.

      (6)   In the case of a new telecommunications facility, a statement from the carrier which documents how many additional carriers can co-locate. If co-location is not possible, a statement must include such technical information and other justifications as are necessary to document the reasons why co-location is not a viable option; and

      (7)   A list of all existing structures and sites considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical or financial reasons. If an existing tower or monopole is listed among the alternatives, applicant must specifically address why the modification of such structure is not a viable option.

   (H)   Abandonment, removal and speculative approvals.

      (1)   Any telecommunications facility or support structure that is not operated for a period of 12 consecutive months shall be considered abandoned.

      (2)   The owner of the telecommunications facility or support structure shall remove the facility within six months of its abandonment. The city shall ensure and enforce removal by means of its existing regulatory authority.

      (3)   No approval will be given for a telecommunications facility that is speculative in nature which is defined as being one where a specific carrier has not been identified at the time of application to the city according to the requirements described in division (G) above.

   (I)   Telecommunications facilities and support structures in existence on the date of adoption of this chapter.

      (1)   Telecommunications facilities that were legally permitted on or before the date this chapter was enacted shall be considered a permitted and lawful use as a nonconforming antenna and accessory equipment.

      (2)   Nonconforming antennas or accessory equipment: Ordinary maintenance may be performed on nonconforming antennas and accessory equipment. However, if the proposed alteration would intensify a nonconforming characteristic of the facility, the provisions of divisions (I)(3) through (I)(5) below apply.

      (3)   Minor modifications to nonconforming telecommunications facilities may be permitted upon the granting of administrative approval by the Zoning Administrator.

      (4)   Major modifications to nonconforming telecommunications facilities may be permitted only upon the granting of a use permit approval by the City Council.

      (5)   Ordinary maintenance may be performed on a nonconforming support structure.

(Prior Code, App. A, Art. V, § 8) (Ord. 1030, passed 6-19-2006; Ord. 1165, passed 11-19-2012)