The following standards shall apply to all cellular of wireless communications antennas and towers. The Municipality may deny application to construct a new cellular or wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.
(a) Tower placement. The cellular or wireless communications company shall demonstrate, using the latest technological facts, why the antenna or tower must be placed in Woodlawn in order to serve its necessary function in the company's grid system. Part of this demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company's grid system. Said location shall be within the Industrial Park Zoning District.
(c) Co-location. If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that is has contacted the owners of nearby tall structures within the allowable zone, asked for permission to install the cellular communications on those structures, and was denied for either non- economic reasons or that a clearly unreasonable economic demand was made by the owner, based on prevailing market values. “Tall structures” shall include, but not be limited to: smoke stacks, water towers, buildings over 35 feet in height, antenna support structures or other cellular or wireless communication towers.
(c) Antenna/tower height. The applicant shall demonstrate that the antenna/tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirements as set out in subsection (b). No antenna that is taller than the necessary height shall be approved. The maximum height of the antennae/tower permitted shall be 185 feet.
(d) Setbacks from the base of tower. If a new cellular or wireless communications tower is to be constructed in the Industrial Park Zoning District, the minimum distance between the base of the tower or any guy wire anchors and any property line which abuts a zoning district other than a residential district shall be no closer than the greater of the following:
(1) Forty percent of the tower height;
(2) The minimum setback in the underlying zoning district; or
(3) Fifty feet.
(e) Cellular or wireless communications tower safety. All cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufactures. Furthermore, the applicant shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC Regulations or applicable Building Code Regulations; and, the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met.
Subsequent to the installation of a cellular or wireless communications tower site, if it is determined by the Municipal Council, upon presentation of proper and sufficient documentation, and after a public hearing, that the operation of a cellular or wireless communications tower is inherently dangerous or is a demonstrable health hazard, the cellular or wireless communication tower shall be declared to be a nuisance and all operation shall cease. The tower or antenna shall also be removed as provided under § 1297.07. However, no order of removal shall be made if it is inconsistent with existing FCC Regulations.
(f) Fencing. A fence shall be required around the cellular or wireless communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height and shall be erected to prevent access to non-authorized personnel.
(g) Landscaping. Landscaping with proper drainage in compliance with a plan approved by the Building Commission shall be provided to screen as much of the support structure and equipment shelter ground level features as is possible. In addition, existing vegetation on or around the site shall be preserved to the greatest extent possible. No exposed dirt shall be permitted.
(h) Limiting the number of cellular or wireless communications towers. In order to reduce the number of antenna support structures needed in the Municipality in the future, the owner of an existing cellular or wireless communications tower shall not unreasonably deny a request to accommodate other uses, including other cellular or wireless communications companies, and the antenna of local police, fire, and ambulance departments. The owner of the existing cellular or wireless communications tower may request reasonable compensation for the use of the tower.
For the purposes of encouraging co-location of cellular or wireless antenna and other uses, cellular or wireless communication towers shall be designed, engineered, and constructed as follows: unless waived for good cause to minimize impact on adjoining property by Building Commissioner. There shall be no towers 30 feet or more unless there are two or more users.
(1) Towers less than 75 feet tall shall be designed, engineered and constructed to support antennas installed by two or more cellular or wireless communication service users; and
(2) Towers more than 75 feet in height but less than 150 feet shall be designed, engineered and constructed to support antennas installed by three or more cellular or wireless communication service users; and
(3) Towers 150 feet in height or taller shall be designed, engineered and constructed to support antennas installed by four or more cellular or wireless communication service users.
As used in paragraphs (1), (2) and (3) above, the term “users” shall include the antennas of police, fire, and ambulance departments. In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the cellular tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.
(i) Licensing. The communications company must demonstrate to the Municipality that it is licensed by the Federal Communications Commission (FCC). The owner of the tower must also annually provide to the Municipality prior to January 31 of each year, a list of all users of the tower and each user shall provide the Municipality with a copy of each users license with the FCC. No permits will be granted to any applicant unless proof of current FCC license for the proposed use of the tower is provided.
(j) Required parking. If the cellular or wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall be equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Code.
(k) Appearance. Cellular or wireless communications towers under 185 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted except when required by the FAA. Furthermore, no cellular or wireless communication tower or antenna and accessory buildings and structures shall contain any signage. All utility lines serving the towers shall be underground.
(l) Site plan required. A full site plan shall be required for all proposed cellular or wireless communications sites, except antenna to be placed on existing structures, at a reasonable scale, but not smaller than 1 inch to 50 feet (1"=50'), indicating, as a minimum, the following:
(1) The total area of the site.
(2) The existing zoning of the property in question and of all adjacent properties.
(3) All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.
(4) Existing topography with a maximum of two-foot contours intervals.
(5) The proposed finished grade of the development shown by contours not exceeding two- foot intervals.
(6) The locations of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, height, and where applicable, the gross floor area of the buildings.
(7) The locations and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.
(8) All existing and proposed sidewalks and open areas on the site.
(9) The location of all proposed fences, screening and walls.
(10) The location of all existing and proposed streets.
(11) All existing and proposed utilities including types and grades.
(12) The schedule of any phasing of the project.
(13) Documentation which shows all buildings and structures on adjacent lots and any additional lot which has a lot line within 100 feet of the lot on which the cellular tower is proposed to be located. The approximate elevation of the highest point of each building or structure shall be noted. Applicant may identify any additional features in the area (such as existing screening, fences and topography) which may be helpful in considering the impact of the proposed tower on nearby property.
(14) Any other information as may be required to determine the conformance with this Zoning Code. For cellular or wireless communications antenna to be placed on an existing structure, the applicant shall submit such information as required by the Zoning Inspector to ensure compliance with the applicable provisions of this section.
(15) Applicant shall maintain and demonstrate adequate liability insurance on the structure and shall hold harmless the Municipality of Woodlawn from any and all liability that may arise for the use of the structure.
(Ord. 17-2013, passed 9-24-2013)