(A) Regulations for aerials, antennas, telecommunication towers/facilities, and small cell facilities.
(1) Selected definitions.
ALTERNATIVE ANTENNA STRUCTURE. An existing pole or other structure within the public right-of-way that can be used to support an antenna and is not a utility pole or a city-owned infrastructure.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
APPLICANT. Any person or entity submitting an application to install personal wireless telecommunication facilities or structures to support the facilities within a public right-of-way.
CITY-OWNED INFRASTRUCTURE. Infrastructure in a public right-of-way within the boundaries of the city including, but not limited to, streetlights, towers, structures, or buildings owned, operated or maintained by the city.
CO-LOCATION (CO-USE). The location of two or more antennas or other telecommunication devices or a single telecommunication tower or other supporting structure.
DISTRIBUTED ANTENNA SYSTEM. A type of personal wireless telecommunication facility consisting of a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area. Generally serves multiple carriers.
LANDSCAPING. The installation at grade of plantings, shrubbery, bushes or other foliage intended to screen the base of a personal wireless telecommunication facility from public view.
MONOPOLE. A structure composed of a single spire, pole or tower designed and used to support antennas or related equipment and that is not a utility pole, an alternative antenna structure, or a city-owned infrastructure.
PERSONAL WIRELESS TELECOMMUNICATION ANTENNA. An antenna that is part of a personal wireless telecommunications facility.
PERSONAL WIRELESS TELECOMMUNICATION EQUIPMENT. Equipment, exclusive of an antenna, that is part of a personal wireless telecommunications facility.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITY. An antenna, equipment, and related improvements used, or designed to be used, to provide wireless transmission of voice, data video streams, images, or other information including, but not limited to, cellular phone service, personal communication service, paging, and Wi-Fi antenna service.
SMALL CELL FACILITIES. A personal wireless telecommunications facility consisting of an antenna and related equipment either installed singly or as part of a network to provide coverage or enhance capacity in a limited defined area. Generally single-service provider installation.
TELECOMMUNICATION FACILITY. An unmanned facility consisting of a telecommunication tower and any structures required to provide support services.
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 a city-owned infrastructure. Except as otherwise provided for by this section, the requirements for a tower and associated antenna facilities shall be those required in this section. The term shall not include equipment used by amateur radio operators that meets the requirements of divisions (A)(3)(a) through (A)(3)(c) of this section.
UTILITY POLE. An upright pole designed and used to support electric cables, telephone cables, telecommunication cables, cable service cables, which are used to provide lighting, signage, or a similar function.
VARIANCE or VARIATION. A grant of relief by the Planning Commission or his/her designee.
WI-FI ANTENNA. An antenna used to support Wi-Fi broadband Internet access service based on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable communication between devices.
(2) Purpose and intent.
(a) To direct the installation of aerials, antennas, telecommunication towers/facilities and small cell facilities within the city by providing specific regulations and standards for the placement and siting of personal wireless telecommunication facilities with the public right-of-way.
(b) To protect the public health, safety and welfare while preventing interference with the facilities and operations of the city’s utilities and of other utilities lawfully located in the public right-of-way or property.
(c) To protect residential areas and land uses from the potential adverse impact of aerials, antennas, and telecommunication towers, preserve the character of the neighborhoods in which the facilities are installed, and assure the continued safe use and enjoyment of private properties adjacent to personal wireless telecommunication facilities.
(d) To minimize adverse visual impact, prevent visual blight and avoid potential damage from tower failure in the neighborhoods in which facilities are installed through careful engineering, design, permitting, siting and screening.
(e) To accommodate the growing need for telecommunication facilities by facilitating the location of personal wireless telecommunication facilities in permitted locations within the public right-of-way in the city.
(f) To encourage and promote co-location of existing and new telecommunication facilities as a primary option rather than construction of single-use facilities.
(3) Aerials, antennas, and telecommunication towers/facilities (non right-of-way) standards and regulations.
(a) No aerial, antenna or telecommunication tower shall exceed 120 feet in total height.
(b) No antenna or similar equipment shall extend more than ten feet above any roof peak in any residential and/or commercial zoning district.
(c) No telecommunication tower/antenna shall be placed upon any building or rooftop unless the tower/antenna is an accessory use to the main use of the building.
(d) The distance from the base of an aerial, antenna or telecommunication tower to the nearest property line shall not be less than the height of the aerial, antenna or telecommunication tower measured from ground level to the top of the aerial, antenna or tower.
(e) Six-foot-high security fencing shall be installed around the base and guy anchors of all telecommunication facilities.
(f) Closely planted evergreen trees or shrubs at least 6 feet high shall be planted around the exterior of any security fencing and around the base and guy anchors of a telecommunication facility. Additional deciduous trees at least two inches in girth, plus evergreen trees at least six feet in height shall be planted around the perimeter of the property, near the property lines, upon which a telecommunication facility is located in order to provide additional screening of the tower from passersby.
(g) Any person, firm or corporation wishing to construct a telecommunication tower shall seek permission to co-located or co-use on an existing tower. No person, firm or corporation shall refuse colocation of other equipment.
(h) 1. Any person, firm, or corporation wishing to construct a telecommunication tower and/or facility, shall provide a bond to the city in the amount of $25,000 or 25% of the construction costs, whichever is less. The bond shall be kept in full force during the time the tower and/or communication facility is in operation.
2. The bond shall be conditioned upon full indemnity to the city should the facility become obsolete and the owner fails to remove the tower and/or facility within six months of becoming obsolete, or in the event the tower or facility falls into a state of disrepair.
(4) Small cell facilities - Standards and regulations. Personal wireless telecommunication facilities will be permitted to be placed in right-of-way within the jurisdiction of the city as attachments to existing utility poles, alternative antenna structures, or city-owned infrastructure subject to the following regulations as stated in Ordinance 2018-18.
(B) Utility substations. Every electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, water storage facility, antennas, transmitter or similar facilities shall be deemed a special use, and shall conform to the following regulations:
(1) Every lot on which any such facility is situated shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least 30 feet from all lot lines, or shall meet the district setback requirements, whichever is greater;
(2) In any residential district, the structure housing any such facility shall be designed and constructed to be compatible with the residential character of the area; and
(3) Every such facility shall be screened by close-planted shrubbery at least ten feet in height and of sufficient density to block the view from adjacent property. Furthermore, if the Code Official determines that the facility poses a safety hazard (for example, if there are exposed transformers) he or she shall require that a secure fence at least eight feet in height be installed behind the planting screen.
(Ord. passed - - ; Ord. 2017-16, passed 7-17-2017)