§ 40-134. Telecommunication towers and accessory facilities.  


Latest version.
  • (a)

    Applicability.

    (1)

    This section applies to all telecommunication towers, antenna support structures, and alternative antenna support structures, except:

    a.

    Antennas that are two meters or less in diameter including satellite earth stations (except as provided by subsection (d)(4)), and

    b.

    Any receive-only antennas and antenna support structures that are owned and operated by a federally licensed amateur radio station operator.

    (2)

    Telecommunications towers, antenna support structures, and alternative antenna support structures that were constructed in accordance with all ordinances in effect at the time of construction shall be considered nonconforming, and shall be subject to the provisions of section 16.9 of the comprehensive zoning ordinance.

    (3)

    Antennas and support structures may be considered either principal or accessory uses. Antenna installations shall comply with all other requirements of all city ordinances and the zoning ordinance with the exception of those specified within this section.

    (4)

    Antennas or existing towers. The city encourages collocation of antennas where feasible to minimize potential threat to the public or property and to minimize adverse visual aspects associated with the proliferation or clustering of towers. A collocated antenna may be approved administratively without obtaining a permit otherwise required by subsection (b).

    (b)

    Permit required. The developer shall obtain a development permit as provided in section 40-16 from the city prior to installation or construction of a telecommunication tower, an antenna support structure, an alternative antenna support structure, or accessory facilities.

    (c)

    Application for issuance of a permit. The application for a permit shall include:

    (1)

    Five copies of a site plan that meets the standards contained in subsection 40-16(d) and that shows the height of the proposed telecommunication tower, antenna support structure, or alternative antenna support structure and the distance between the proposed telecommunication tower, antenna support structure, or alternative antenna support structure and the nearest residential unit and residential zoning district boundary line.

    (2)

    If the site is within a residential zoning district, an affidavit demonstrating why there is no reasonable alternative location or locations in a nonresidential area.

    (3)

    An inventory or map of the applicant's existing support structures, antennas, and sites previously approved for antennas and support structures, both within the city and within two miles of the city limits, including specific information about the location, coverage areas, height, and design of each support structure, and the distance from the proposed support structure or antenna.

    (4)

    Identification of the backhaul provider and connectivity locations for the installation.

    (5)

    Certification of the structural engineering information.

    (6)

    An affidavit that the proposed support structure can accommodate the collocation of additional antennas. The number of collocated antennas or combined weight of collated antennas which the structure can support shall be specified in the affidavit and application.

    (7)

    Demonstration that the proposed telecommunication tower, antenna support structure, or alternative antenna support structure will comply with the design standards set forth in subsection (e).

    (d)

    Construction standards.

    (1)

    No signs, flags, lights, or attachments, other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and FCC shall be permitted on any telecommunication tower or antenna support structure. However, signs, flags, lights, or attachments that are otherwise permitted to be attached to an alternative antenna support structure are not prohibited solely by reason of the presence of an antenna attached to the alternative antenna support structure.

    (2)

    All antennas must meet current standards and regulations of the FAA, the FCC, and any other state and federal agency with regulatory authority over support structures and antennas.

    (3)

    All antenna support structures and antennas must be constructed and operated in a manner that does not create electromagnetic or other interference with the city's radio frequencies and public safety operations.

    (4)

    No antenna or antenna support structure, including associated foundations or support wires, may be located in the front yard, the side yard, or within any required front, side, or rear yard setback. Although this section does not generally apply to satellite dishes less than two meters in diameter, such dishes shall comply with these locational requirements.

    (e)

    Design.

    (1)

    Unless otherwise required by state or federal law, telecommunication towers and antenna support structures shall be painted a neutral color consistent with the natural or built environment of the site.

    (2)

    Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district which the facility is located.

    (3)

    Antennas attached to a structure other than an antenna support structure shall be of a color identical to or closely compatible with the structure or designed to be an architectural element of the facade to which they are mounted.

    (4)

    Screening. Telecommunication towers and antenna support structures, as well as support buildings and equipment storage associated with the telecommunications tower or antenna support structure, shall be surrounded by:

    a.

    In residential and commercial districts, a minimum six-foot high decorative wall constructed of brick stone or comparable masonry materials or a landscape strip of not less than ten feet in width planted with materials which will provide a visual barrier to a minimum height of six feet;

    b.

    In industrial districts, a minimum six-foot high chain link fence;

    c.

    An alternative means of screening in residential and commercial districts may be approved by the city council that achieves an equivalent degree of visual screening.

    (5)

    Setbacks. All setbacks in this section shall be measured from the base of the tower or structure and indicated on site plans submitted. All telecommunication towers and antenna support structures (other than alternative antenna support structures) shall be separated from the property line of any adjacent property a distance equal to one and two-tenths times the height of the tower structure. For sites in any commercial zone, there shall be a setback of 100 feet from any building or parking lot used or visited by the public for a commercial purpose. For sites in any industrial zone, there shall be a setback of 30 feet from any building or parking lot used or visited by the public for a commercial purpose. For any site in a residential zone, including restricted professional office zone and central business district, the setback shall be 250 feet.

    (6)

    Structure height restrictions. The maximum permitted height for telecommunication towers and antenna support structures is as follows:

    a.

    Commercial and industrial districts:

    1.

    One hundred twenty feet unless the tower provider agrees in its site plan to provide collocation capability, or unless the developer obtains a specific use permit;

    2.

    One hundred sixty feet if a specific use permit is obtained or if collocation is provided. A specific use permit requires the showing by the developer that that no reasonable alternative site or design provides adequate coverage.

    b.

    Residential, RPO, or CBD districts:

    1.

    Sixty feet, if the structure is freestanding, including alternative or stealth design structures;

    2.

    Fifteen feet above the height of the underlying structure upon which it is placed, unless the developer obtains a specific use permit;

    3.

    Twenty-five feet above the height of the underlying structure upon which it is placed, with a specific use permit.

    (7)

    In commercial and industrial zoned districts, off-street parking and driveways necessary for periodic maintenance and service shall be provided at all antenna or tower locations.

    (8)

    Roof-mounted wireless telecommunication antennas.

    a.

    On pitched roofs, antennas are permitted only if incorporated into upward-thrusting architectural elements such as a church steeple, spire, bell tower, smokestack, or radio tower.

    b.

    On flat roofs, the height of the antenna and mounting hardware may not be more than 15 feet above the highest point of the roof to which the antenna is attached.

    (9)

    Safeguards, devices identified by the manufacturer of the antenna support structure, or other commercially available safety device, shall be installed to prevent unauthorized access to an antenna support structure. Climbing spikes must be removed after use.

    (f)

    An AM array shall be subject to these regulations. An AM array consisting of one or more support structure units and supporting ground equipment, which functions as one AM broadcasting antenna, shall be considered one support structure. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the support structures, including the guide wires, in the array. Additional support structure units may be added within the perimeter of the AM array by right.

    (g)

    Temporary antennas.

    (1)

    Temporary antennas shall only be allowed in the following instances:

    a.

    In conjunction with a festival, carnival, or other special event, for no longer than seven days without an administrative permit;

    b.

    In case of an emergency as required by the police or fire departments; or

    c.

    When needed to restore service on a temporary basis after failure of an antenna installation, for no longer than 30 days without an administrative permit.

    (2)

    The city shall be notified in advance of the placement of a temporary antenna in conjunction with a festival, carnival, or other special event, or within 72 hours after the placement in the event of an emergency or an unanticipated service failure.

    (3)

    An administrative permit shall be issued upon the submission to the city manager of a description of the temporary antenna, the need for a temporary antenna, and the time period for which the antenna will be used.

    a.

    Support buildings and equipment storage. Support buildings and equipment storage areas or buildings must meet the following requirements.

    b.

    When mounted on rooftops, they must be screened by a parapet wall or other mechanical unit screening.

    c.

    When ground mounted, they must comply with the following:

    1.

    Meet all applicable front, side, and rear yard setback requirements;

    2.

    Be of a neutral color and use exterior building materials that are compatible with surrounding structures; and

    3.

    If on the same site as an antenna support structure or telecommunication tower, the screening requirements of subsection (e)(4) apply. Otherwise, the support building and equipment storage areas shall be screened by landscaping with an ultimate height of six feet or a solid masonry fence six feet in height. Landscaping must be irrigated and maintained in a living, growing condition. Wooden fences are prohibited and wrought iron or chain link may only be used in conjunction with a landscape screen.

    (h)

    Requirements for the placement of support structures and antennas.

    (1)

    Residential. RPO, and CBD districts:

    a.

    No antennas or antenna support structures shall be allowed on lots used or platted for single-family, two-family, or single-family attached purposes.

    b.

    By specific use permit, antennas may be:

    1.

    Attached to a utility structure;

    2.

    Totally enclosed within or integrated into the design of any building feature permitted in the zoning district;

    3.

    Mounted flush to the exterior of a building if it is painted and integrated into the overall architectural design; or

    4.

    Attached to existing street light, park ball field lights, or parking lot light standard, or the light standard may be replaced to accommodate the antenna so long as the height of the light standard is increased no more than 15 feet, up to a maximum of 60 feet, to accommodate the antenna.

    c.

    By right, antennas are permitted if they are:

    1.

    Omni, yagi, or small panel antennas not exceeding one foot in width by eight feet in length, mounted flush to the support structure;

    2.

    Radio transceivers, if the equipment box does not exceed eight inches x 14 inches x five feet; or

    3.

    Alternative antenna support structures allowed in accordance with the "uses table".

    (2)

    In commercial and industrial zones, subject to the uses table antennas and antenna support structures are allowed as follows:

    a.

    By right, antennas are permitted if they are:

    1.

    Attached to a utility structure;

    2.

    Attached to existing street light, park ball field lights, and parking lot light standards, or the light standard may be replaced to accommodate the antennas so long as the height of the light standard is increased no more than 15 feet, up to a maximum of 60 feet, to accommodate the antenna;

    3.

    Omni, yagi, and small panel antennas not exceeding one foot in width by eight feet in length, mounted flush to the support structure;

    4.

    Radio transceivers if the equipment box does not exceed eight inches x 14 inches x five inches;

    5.

    Totally enclosed within or integrated into the design of any building or building feature permitted in the zoning district;

    6.

    Mounted flush to the exterior of a building if painted and integrated into the overall architectural design;

    7.

    Mounted on or incorporated into flagpoles;

    b.

    Antennas or antenna support structures owned by other than governmental entities may be located on property owned by the city, regardless of the zoning district, under the following conditions:

    1.

    The antennas and support structures may be attached to an existing improvement or replace an existing improvement, or be a new structure. The improvement shall be capable of supporting the antenna and any associated equipment and shall not interfere with the use or other operations of the city.

    2.

    Prior authorization for use of city property must be shown by a franchise, lease, license, permit, or other document duly executed by an authorized city representative and adopted in conformance with all applicable city regulations for the property. The granting of a franchise, lease, license, or permit is at the discretion of the city council or its authorized designee and must comply with all ordinances.

    3.

    The antennas and any accompanying equipment must comply with all ordinances, rules, and regulations.

(Ord. No. O-16-09, § I, 2-23-2009; Ord. No. O-40-09, § I, 7-13-2009)