Final Telecommunications Ordinance
CITY OF , ORDINANCE NO.
AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER ; CREATING A NEW
SECTION ; AND CREATING A NEW CHAPTER RELATING TO
TELECOMMUNICATIONS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF :
Section 1. Section (being Ord. # , § , as amended) is amended to read:
14-1.2 Definitions. As used in this Chapter. Height means the vertical distance above grade to the highest point of a structure or of a building.
For telecommunication facilities refer to Section .
Public right-of-way means the total area of the land deeded, reserved by plat, or otherwise
acquired by the city, the county or the state of primarily for the use of the public for the movement of
people, goods and vehicles and for the installation and maintenance of public utilities, telecommunicat ion
facilities or drainage ways.
Public utility means any plant, property or facility for the generation, transmission, distribution,
sale, or furnishing to, or for, the general public, of electricity, light, heat, power, natural gas, water, steam,
sanitary sewer, refuse collection, and street maintenance, in accordance with and pursuant to state la ws,
including , et seq., and et seq.
Right-of-way means the total area of land deeded, reserved by plat or otherwise acquired by a
governmental unit or private organization primarily for the use of the public for the movement of people,
goods and vehicles or by a public or private organization primarily for the installation and maintenance of
utilities and telecommunication facilities or by a railroad primarily for the laying of its tracks.
Section 2. Section (being Ord. # , § , as amended) is amended to read:
14-17.4 Special Exceptions.
A. After public notice as set forth in subsection and subject to appropriate
conditions and safeguards, the board of adjustment may permit as special exceptions:
(1) private day-care nurseries and kindergartens as provided in subsections and
;
(2) hospitals and extended care facilities, provided:
(a) that facilities with fewer than fifty (50) beds or equivalent shall have a lot area of at least
two (2) acres, and that all structures in connection with such facilities shall be at least twenty-five fe et (25')
from any lot line; and
(b) that facilities with over fifty (50) beds or equivalent shall have a lot area of at least five
(5) acres, and that all structures in connection with such facilities shall be at least fifty feet (50') from any
lot line;
(c) applicants for a special exception allowing a hospital and extended care facility shall
submit to the board of adjustment a master plan covering the entire tract proposed for development and
indicating existing conditions and development for an additional area at least two hundred feet (200') from
tract boundaries. This master plan shall indicate topography at two foot (2') contour intervals, and shall
show existing drainage or other significant natural features. Any proposed lots shall be shown and shall be
in conformance with the city subdivision regulations;
(d) this master plan shall show, with appropriate dimensions, arrangement of buildings and
their uses; off-street parking and loading facilities; open space; internal automotive and pedestrian
circulation; ingress and egress from adjoining streets; service areas and facilities; drainage system;
landscaping; fences and walls, the size, location, orientation and type of all signs proposed; and proposed
lighting of the premises and relation to all property within two hundred feet (200') of the tract. If the
applicant proposes to develop the master plan in phases, the phases and time of development shall be
indicated, along with any other information requested by planning department staff;
(e) this master plan shall show the identity of property owners and provide evidence of
unified control of property within the proposed development;
(3) sheltered care facilities, provided that:
(a) the ratio of the floor area to lot area is no greater than .4;
(b) the setback from the lot line on all sides shall be twenty-five feet (25'). However, if a
solid masonry wall is built around the perimeter of the property, then the setback may be five feet (5');
(c) open space shall equal one hundred percent (100%) of the heated floor area. Open space
shall not include parking area, streets, driveways, heated space, garages, carports, or accessory buildings;
common open space shall not measure less than fifteen feet (15') in any of its dimensions and shall be noted
as common open space on the plat;
(d) no more than one (1) sign, one (1) square foot in area, hung flush to the fence or wall of
the structure shall be allowed to advertise the existence of the structure;
(e) complaints about operation shall be determined by the city zoning inspector's office after
inspection and the facility given thirty (30) days' written notice to remedy the complaint. Shall the operat or
fail to remedy the complaint within thirty (30) days after written notice, the governing body, after providing
notice to the facility's operator and, an opportunity of the facility's operator to be heard, may revoke the
license to operate the facility;
(f) all sheltered care facilities shall be licensed by the state;
(4) private non-profit group homes licensed by an appropriate governing authority for
neglected, abandoned, physically handicapped, retarded, mentally disabled and substance or alcohol
dependent children or adults able to function without institutional care for a capacity of not more than eight
(8) persons excluding one (1) or more counselor(s);
(5) private clubs and lodges, except those the chief activity of which is a service customarily
carried on as a business, provided, that no such facility shall have a lot area of less than two (2) acres; and
that no structure in connection with such facility shall be closer than twenty-five feet (25') to any lot li ne;
(6) public or private utilities, which, for the purpose of this subsection, shall be: an electric
substation, gas regulator station, telephone exchange, water or sewage pumping station or a water storage
facility; provided, that the lot area, screening against light, fumes, noise or unsightliness, protection against
unattractive nuisance characteristics and protection against interference with radio and televi sion reception
shall be as required by the board of adjustment;
(7) cemeteries, mausoleums and columbariums: provided, that the total lot area shall be not
less than ten (10) acres;
(8) colleges and universities: provided, that the total lot area shall be not less than ten (10)
acres nor minimum street frontage less than three hundred feet (300');
(9) where there is a division of residential, commercial or industrial zoning districts on the
same lot, off-street parking will be permitted on the portion of the lot zoned for residential uses provided
that:
(a) such parking lots may be permitted only between the , , , or districts and
the nearest street in the residential district;
(b) a solid masonry wall, not less than six feet (6') high, shall be erected along lot lines of
portions of such lots adjoining residential property or undeveloped properties in the residential district;
(c) the source of illumination of such lots shall be designed to light only the parking area and
shall not be directed towards any adjoining residential area;
(d) there shall be no movement of vehicles on such lots between the hours of 10:00 p.m. and
7:00 a.m., and the board of adjustment may impose greater limitations; and
(e) such lots shall be used only for the temporary parking of vehicles, and there shall be
specifically no sales or service activities of any nature on such lots.
(10) private schools with curricula similar to conventional public school curricula, and
meeting the following minimum site requirements:
School Type Minimum Site Size Minimum YardElementary 5 acres 25 feet
Secondary 10 acres 50 feet
(11) with the exception of districts covered by historic district regulations, in which mobile
homes are prohibited, single-family occupancy of a mobile home is permitted as a special exception in a ny
residential zoning district, subject to requirements set forth in pertinent sections of this Chapter. Upon the
granting of a special exception by the board of adjustment, a permit shall be issued by the office of building
inspection subject to satisfactory compliance with the above;
(12) permanent installation of mobile homes. In any district where permanent single-family
occupancy of a mobile home on an individual lot is permitted as a special exception by the board of
adjustment, the following minimum standards shall apply:
(a) definitions shall be as set out in subsection ;
(b) the construction of the mobile home shall comply with the Mobile Housing Act, Sections
through ;
(c) the mobile home unit shall be anchored to a concrete foundation and skirted as specified
by the office of building inspection;
(d) the rental or lease of mobile homes used as single-family residences on individual lots
shall be prohibited; and
(e) minimum requirements for lot size, front, side and rear yards, and all other standards
pertaining to single-family residential land use set forth in this Chapter shall apply.
(13) temporary placement of mobile homes. With the exception of districts covered by historic
district regulations, in which mobile homes are prohibited, temporary single-family occupancy of a mobile
home on an individual lot is permitted as a special exception in any residential zoning district, subject to
requirements set forth in pertinent sections of this Chapter. In any district where temporary, single-family
occupancy of a mobile home on an individual lot is permitted as a special exception by the board of
adjustment, the following minimum standards shall apply:
(a) definitions shall be set out in subsection ;
(b) the mobile home unit shall be skirted;
(c) the rental or lease of mobile homes used as temporary single-family residences on
individual lots shall be prohibited; and
(d) minimum requirements for lot size, front, side and rear yards and all other standards
pertaining to single-family residential land use set forth in this Chapter shall apply. Upon the granting of a
special exception by the board of adjustment, a temporary permit may be issued by the office of building
inspection for a period of twelve (12) months, subject to satisfactory compliance with the above
requirements. The office of zoning administration may renew this permit one time only for a period of up to
ninety (90) days.
(14) neighborhood grocery stores and laundromats catering to local pedestrian trade; provided,
that:
(a) a solid masonry wall not less than six feet (6') in height shall be erected along side and
rear lot lines with adjoining residential lots;
(b) off-street parking shall be provided as required by subsections and ;
(c) no more than one (1) wall sign of not more than twenty percent (20%) of the front wall
area, excluding doors and windows, shall be allowed;
(d) the maximum lot area to floor area ratio shall be three to one (3:1). The maximum floor
area shall be three thousand (3,000) square feet; and
(e) permitted proximity to existing convenience grocery stores shall be based on individual
review of need and areas served by existing stores.
(15) accessory structures of a permanent, temporary or portable nature such as coverings not
constructed of solid building materials including but not limited to inflatable covers over swimming pools
and tennis courts and such other accessory structures which exceed thirty inches (30") in height from the
average ground elevation.
(16) Telecommunication facilities as set forth in Section , .
B. The special exceptions listed in this subsection, when granted, are considered granted for
a specific use and intensity, any change of use or more intense use shall be allowed only if such change is
approved by the board of adjustment under a special exception.
C. In granting these special exceptions, the board of adjustment shall determine that the
building and such uses are harmonious with and adaptable to buildings, structures and uses of the abutting
property and other properties in the vicinity of the premises under consideration and shall specify such
requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets,
provisions for drainage, adequate off-street parking, as provided by subsections and , and
protective screening and open space, as the board deems necessary to accomplish the proper development
of the area.
Section 3. Section (being Ord. # , § , as amended) is amended to read:
Permitted Principal Uses and Structures.
A. The principal uses and structures permitted in the district are:
(1) retail establishments, including incidental manufacturing of goods for sale only at retail
on the premises; sales and display rooms and lots, not including yards for storage of new or used building
materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvaged or
secondhand materials;
(2) eating and drinking establishments;
(3) service and repair establishments, including filling stations and repair garages;
(4) personal service establishments, including barber shops and beauty shops; shoe repair
shops; funeral homes; cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops
with processing on the premises;
(5) hotels, motels, residential suite hotels and motels and bed and breakfast houses and inns;
(6) commercial recreational uses and structures, such as theaters, bowling alleys, poolrooms,
golf driving ranges and the like;
(7) commercial parking lots and garages;
(8) offices, studios, clinics and laboratories;
(9) financial institutions;
(10) private clubs and lodges;
(11) public or private utilities;
(12) veterinary establishments; provided that all animals shall be boarded inside buildings;
(13) public buildings and grounds other than elementary or high schools;
(14) churches;
(15) business and vocational schools not involving operations of an industrial character;
(16) wholesaling and distribution operations not involving over three thousand (3,000) square
feet for storage of wares to be wholesaled or distributed;
(17) greenhouses and plant nurseries;
(18) tire recapping or retreading;
(19) private day-care nurseries and kindergartens with limitations indicated in Section
;
(20) flea markets which meet the requirements of Sections , and , for
parking, signs, screening and landscaping, respectively; which meet the requirements of the garbage, litter,
and weed ordinances; which do not operate as a campground; and which meet the following requirements:
(a) site plans showing parking, vendor area, and landscaping are required for all flea markets.
(b) for the purposes of implementing sign regulations of Section a flea market
constitutes one (1) business establishment.
(c) complaints about flea market operation shall be reviewed by the city zoning inspector's
office and if valid, the facility shall be given one (1) to five (5) days written notice to remedy the
complaint. Shall the operator fail to remedy the complaint within the time set forth in the written notice, the
governing body may set a public hearing to consider revocation of the operator's license. The operator shall
be given notice of the public hearing and an opportunity to be heard.
(21) dwelling units for occupancy only by owners, employees, or tenants of a allowed use
which are part of the same building, a part of a planned development or part of a use for which a
development plan is required, and do not include mobile homes or recreational vehicles;
(22) arts and crafts studios;
(23) light assembly and manufacturing; and
(24) human services establishments which meet the following requirements:
(a) parking as per Section ; and,
(b) open space as per subsection for each lodging unit which contains kitchen
facilities.
(25) Telecommunication facilities as set forth in Section , .
B. None of the foregoing uses or structures shall involve operations specifically or generally
prohibited under subsection .
Section 4. Section , (being Ord. # , § , as amended) is amended to read:
Permitted Accessory Uses and Structures. The accessory uses and structures permitted
in the district are those which are:
A. on the same premises and in connection with permitted principal uses and structures;
B. dwelling units for occupancy only by owners or employees thereof, and not including
mobile homes or recreational vehicles;
C. outdoor storage areas for merchandise provided that:
(1) such uses shall be enclosed by solid walls at least six feet (6') in height, with access only
through solid gates which shall be kept closed when not in use; and
(2) no objects shall be stacked or stored higher than the minimum height of the enclosing
wall required in subparagraph C(1) of this subsection;
D. Telecommunication facilities as set forth in Section , .
E. Other uses and structures which are customarily accessory and clearly incidental to
permitted or permissible uses and structures and are not of a nature prohibited under subsection .
Section 5. Section , (being Ord. # , § as amended) is amended to read:
Definitions. As used in this section:
Building height means the vertical distance above grade to the highest point on the roof plane of a
structure or building. For the purposes of this definition, grade is the average of the highest and lowest
elevation along those property lines contiguous with the public right-of-way. General standards governing
height regulations are set forth in subsection . A structure is an H district shall be subject to the
definition set forth in subsection . Telecommunication facilities shall comply with Section .
Section 6. Section , (being Ord. # , § , as amended) is amended to read:
Permitted and Accessory Uses; Historic Districts. All permitted and accessory uses
allowed in other districts by Sections through , , of Chapter are permitted within
the business-capitol district subject to the provisions of this section. In areas encompassed by the
boundaries of the historic districts, all provisions of those districts shall apply and control, and where
inconsistent with the business-capitol district provisions, the provisions of the historic districts shall
control.
Section 7. Section , (being Ord. # § , as amended) is amended to read:
General Height Requirements; Parapets and Historic Districts. The height limitations set
out in this section do not apply to spires, parapets, or chimneys. Telecommunications facilities shall c omply
with Section . Water tanks, ventilators, elevator penthouses, solar equipment or other structures
placed on or anchored to the roof of a building and not intended for human occupancy shall be screened or
enclosed, and, shall not exceed a height of twelve feet (12') above the permitted height of the building.
Parapets shall be no more than three feet six inches (3'6") in height above the roof plane. The definition for
building height is as set forth in subsection . A structure in an district shall be subject to the
requirements set forth in subsection .
Section 8. Section , (being Ord. # , § , as amended) is amended to read:
Permitted Principal Uses and Structures. The permitted principal uses and structures in
an district are:
A. automobile salvage and wrecking yards, junk yards or yards used in whole or in part for
scrap or salvage operations or for processing, storage, display or sales of any scrap, salvage or secondhand
building materials, junk automobiles or secondhand automobile parts, subject to the following limitations:
(1) front yards shall have a minimum depth of fifty feet (50'). Yards adjoining residential
districts shall have a minimum depth of fifty feet (50'). Such yards may be used for customer parking or for
landscaping and shall not be used for storage or display;
(2) such uses shall be enclosed by solid walls or solid fences at least six feet (6') in height,
with access only through solid gates which shall be kept closed when not in use;
(3) no objects shall be stacked or stored higher than the minimum height of the enclosing
wall or fence required in subparagraph (2) above, except within a completely enclosed building; and
(4) all uses shall conform to performance standards as set forth in Section ; and
B. Telecommunication facilities as set forth in Section , .
C. Any use other than those described in paragraph A of this subsection which is otherwise
lawful and which conforms to performance standards as set forth in Section ; except that
residential uses, other than as indicated under subsection such as hotels, motels and boarding
and lodging houses are not permitted in this district.
Section 9. Section , (being Ord. # , § , as amended) is amended to read:
Permitted Accessory Uses and Structures. This section does not apply to
telecommunication facilities which shall be regulated as set forth in Section , . The accessory uses
and structures permitted in an district are those which are on the same premises as permitted principal
uses and structures and only as required for the conduct of the operation, dwelling units for owners or
employees, and other uses and structures incidental and subordinate to the principal use or structure and
otherwise meeting the requirements of this district, except that mobile homes or recreational vehic les will
not be permitted as accessory uses.
Section 10. Section , (being Ord. # , as amended) is amended to read:
Permitted Accessory Uses and Structures. This section does not apply to
telecommunication facilities which shall be regulated as set forth in Section , . The accessory uses
and structures permitted in an district are those which are on the same premises as permitted principal
uses and structures and only as required for the conduct of the operation, dwelling units for owners or
employees, and other uses and structures incidental and subordinate to the principal use or structure and
otherwise meeting the requirements of an district.
Section 11. A new Section , is enacted to read:
Special Exceptions, Telecommunication facilities are permitted as special
exceptions as per section , .
Section 12. Section , (being Ord. # , § , as amended) is amended to read:
Permitted Principal Uses and Structures, . The principal uses and structures permitted
in districts are the same as those for , with the addition of furniture stores, discount stores and
department stores.
Section 13. Section , (being Ord. # , as amended) is amended to read:
Permitted Principal Uses and Structures, . The principal uses and structures permitted
in districts are the same as for and districts; however, hotels and motels are also permitted
principal uses in districts.
Section 14. Section , (being Ord. # , § as amended) is amended to read:
Permitted Accessory Uses and Structures. This section does not apply to
telecommunication facilities which shall be regulated as set forth in section , . The uses and
structures permitted in districts are those which are customarily accessory and clearly incidental and
subordinate to permitted principal uses and structures as stated and restricted above and which do not
involve operations or structures not in keeping with the character of the district; provided that the waste
products shall be kept in closed containers and that the containers shall not be visible from residential areas;
from portions of the premises customarily open to customer parking, customer-pedestrian or automotive
traffic, from automotive traffic or from public ways.
Section 15. A new Section is ordained to read:
TELECOMMUNICATIONS FACILITIES
Purpose. The purposes of this Chapter are to:A. create an even playing field consistent with the 19 Telecommunication Act's
"competitively neutral" mandate for local governmental regulation of telecommunication compani es;
B. promote regulatory certainty;
C. register telecommunication providers within the city in order to ensure compliance with
this ordinance;
D. enter a lease agreement with all telecommunication providers who use the city's real
property including public rights of way;
E. enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently;
F. ameliorate any impacts upon residents of the city of and the municipality of
expanding needs for telecommunications facilities;
G. assure the highest degree of coordination between residents of the city and the
telecommunications industry in achieving the desirable objective of both the industry and the public;
H. minimize any adverse impacts of towers and antennas on residential areas and land uses.
I. encourage the location of towers in non-residential areas;
J. minimize the total number of towers throughout the community;
K. ensure that the height of towers in the area are not higher than reasonably necessary
and that they are to the maximum extent possible integrated into the terrain and architecture of ;
L. encourage users of towers and antennas to configure them in a way that minimizes any
adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and
innovative camouflaging techniques, consistent with state and federal requirements, including FAA
requirements;
M. encourage the joint use of new and existing tower sites as a primary option rather than
construction of additional single-use towers;
N. gather information and provide remedies for the public health and safety impacts of
communication towers;
O. avoid potential damage to adjacent properties from tower; and
P. comply with all other regulatory requirements imposed by the federal and state
government.
Q. Minimize fiscal impacts upon taxpayers due to increased use of public rights of way by
deregulated commercial enterprises such as telecommunications owners.
Section 16. A new Section is ordained to read:
Definitions. As used in this section the following terms shall have the meanings set forth
below:Antenna means any exterior transmitting or receiving device which may be 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.
Back-haul network means the lines that connect a provider's towers/cell sites to one or more
cellular telephone switching offices, and/or long distance providers, or the public switched telephone
network.
Cable Act shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. §532, et seq., as
now and hereafter amended.
Cable operator means a telecommunications owner providing or offering to provide "cable
service" within the city as that term is defined in the Cable Act.
Cable service for the purpose of this ordinance shall have the same meaning provided by the Cable
Act.
City means the city of .
Equipment cabinet means a storage cabinet used exclusively for the protection of
telecommunications equipment.
Excess capacity means the surplus volume or surplus space in any existing or future duct, conduit,
manhole, handhole, pole, tower, structure or other utility facility that is or will be available for use for
additional telecommunications facilities
Facemount antenna means a camouflaged antenna attached to and covering a small portion of the
surface of a building, architecturally integrated into the supporting structure.
FAA means the Federal Aviation Administration.
FCC or Federal Communications Commission means the Federal administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications owners, services and providers on a
national level
Height means, when referring to a tower antenna or other telecommunications structure, the
distance measured from the finished grade to the highest point on the tower, antenna or other structure,
including the base pad and any antenna.
Leasable city property means and includes all real property owned by the city, including public
rights of way, utility easements, fee simple ownership, rented facilities, and all property held in a
proprietary capacity by the city, so long as said property is designated for use by telecommunications
providers upon the current Telecommunications Leasable Areas Map or is in fact in use by a
telecommunications provider for telecommunications purposes.
Lessee means any person who has obtained a lease from the city pursuant to Chapter .
Linear facilities means lines, cables, fibers, or any other such facility, whether or not a
telecommunications facility which is linear in nature and which is used for the transmission of water, gas,
electricity, data, video images, voice images or other such services.
Person means and includes corporations, companies, associations, joint stock companies or
associations, firms, partnerships, limited liability companies and individuals and includes their lessors,
trustees and receivers.
Preexisting towers and preexisting antennas means any tower or antenna for which a building
permit has been issued prior to the effective date of this ordinance, including permitted towers or antennas
that have not yet been constructed so long as such approval is current and not expired and including towers
and antennas given interim approvals during the pendency of this ordinance and not found by the governing
body to be contrary to the purposes of this ordinance.
PUC or Public Utilities Commission means the state administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications owners, services and providers in the State of .
Residentially zoned property means those zones within the city which primarily permit
accommodation of residential housing including: through , , , , , and districts.
Roof mounted antennas means and includes a telecommunications facility placed on a rooftop
through gravity mounts or other surface attachments and integrated into the natural rooftop profile of the
building so as to resemble a permissible rooftop structure, such as a ventilator, cooling equipment, solar
equipment, water tank, chimney, or parapet and to be no higher than 12 feet above the roof.
or State Corporation Commission means the state administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications owners, services and providers in the
State of .
State means the State of .
Telecommunications owner means and includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the city, used or to be used for the
purpose of offering telecommunications service.
Telecommunications facilities means the plant, equipment and property, including but not limited
to, fiber optic lines, cables, wires, conduits, ducts, pedestals, towers, antennae, electronics and other
appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications
services.
Telecommunications provider means and includes every person who provides telecommunications
service over telecommunications facilities without any ownership or management control of the facilit ies.
Telecommunication services means 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 excluding only cable services.
Tower means any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas telecommunications services, including self-supporting lattice towers,
guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, tower alternative structures, and the like. The
term includes the structure and any support thereto.
Tower alternative means man-made trees, clock towers, bell steeples, light poles and similar
alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Usable space means the total existing capacity of a tower, conduit, pole, building or other structure
physically available for siting telecommunications facilities.
Utility easement means any easement owned by the city and acquired, established, dedicated or
devoted for public utility purposes.
Utility facilities means the plant, equipment and property, including but not limited to the poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of
the ground within the city properties of the city but excluding telecommunications facilities.
Section 17. A new Section is ordained to read:
Applicability. All towers or antennas located within the city limits whether upon private
or public lands shall be subject to this ordinance. This ordinance shall apply to towers and antennas upon
state and federal lands to the extent of the city's jurisdiction by way of law, pursuant to any memoranda of
understanding or otherwise. Only the following facilities shall be excepted from the application of this
ordinance:
A. Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not
govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned
and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only
antennas.
B. Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be
required to meet the requirements of this ordinance, other than the requirements of subsections . and
. so long as a building permit has been issued for said preexisting towers prior to adoption of
this ordinance. Any tower or antenna approved under an interim agreement with the city shall be
considered a preexisting tower or antenna if the governing body does not find, at the time of this ordinances
adoption, that grandfathering the antenna or tower is contrary to the purposes of this ordinance.
C. AM Array. For purposes of implementing this ordinance, an AM array, consisting of one
or more tower units and supporting ground systems which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation distances shall be measured from the
outer perimeter of the towers included in the AM Array.
D. Emergency Services. Towers and antennas used exclusively for emergency services
including police, fire, and operation of the city water utility.
Section 18. A new Section is ordained to read:
General Requirements. All towers and antennas whether administratively approved or
requiring a special exception shall comply with the existing city codes including the requirements for
obtaining a building permit pursuant to § . In addition to the building permit requirement and all
other requirements imposed for registration, licensing, design, building and construction within the city
including the requirements of Chapters , and , the following shall be generally required for towers
and antennas.
A. If the proposed telecommunications facility is located in a district which would require
approval of a development plan by the Planning Commission according to provisions elsewhere in this
Chapter, approval of a development plan is not required by the Planning Commission. Instead, a special
exception is required to be reviewed by the Board of Adjustment as set forth in § .
B. Principal or Accessory Use. Antennas and towers may be considered either a principal or
an accessory use depending upon whether they are used principally for the benefit of others not located
upon the land or as an accessory in aid of other activities occurring upon the land. A different existing use
on the same lot shall not preclude the installation of an antenna or tower on such lot.
C. Lot Size. For purposes of determining whether the installation of a tower or antenna
complies with these regulations, the dimensions of the entire lot shall control, even though the antennas or
towers may be located on leased parcels within such lot.
D. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to
the Planning and Land Use Department an inventory of its existing towers, antennas, or sites approved for
towers or antennas, that are both within the jurisdiction of the city and within three miles of the border
thereof, including specific information about the location, height, and design of each tower. The Planning
and Land Use Department may share such information with all members of the public provided, however,
that the Planning and Land Use Department is not, by sharing such information, in any way representing or
warranting that such sites are available or suitable.
E. Aesthetics. New towers and antennas erected in historical districts and residential zones,
since implementation of this ordinance, shall meet the following requirements which shall be reviewed,
interpreted and applied by all reviewing authorities.
(1) Towers shall be painted a neutral color so as to reduce visual obtrusiveness, subject to
any applicable standards of the FAA.
(2) At a tower site, the design of the related structures shall, and consistent with requirements
of the FAA, use materials, colors, textures, screening, and landscaping that will blend them into the natural
setting and surrounding buildings.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting
electrical and mechanical equipment shall be of a neutral color that is identical to, or close ly compatible
with, the color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
(4) The antenna shall be situated to minimize its visual impact from adjacent lands, public
rights of way and residential areas.
F. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least
disturbance to the surrounding properties.
G. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner
of a tower shall ensure that it is maintained in compliance with standards contained in applicabl e state or
local building codes and the applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to
comply with such codes and standards and constitutes a danger to persons or property, then upon notice
being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days
shall constitute grounds for the removal of the tower or antenna at the owner's expense and shall also
constitute an abandonment of the tower pursuant to subsection .
H. Franchises, Leases, Certificates of Public Convenience, Licenses and other Contracts for
Use of Real Property. Owners and/or operators of towers or antennas shall certify in writing that all
franchises, leases and other contracts, if any, for use of real property required by the PUC, , FCC, FAA
or any other regulatory body for the construction and/or operation of a telecommunication system in the
city have been obtained.
I. Public Notice. For purposes of this ordinance, any special exception request, waiver
request, or appeal of an administratively approved use or special exception shall require public notice by;
(1) posting a sign provided by the Planning and Land Use Department. The poster shall be
prominently displayed, visible from a public street, and securely placed on the property at least 15 days
prior to the public hearing. The poster shall indicate the nature of the request, the identification of the
property affected and the time, date and location and manner in which an interested member of the public
shall review the application.(2) notification by certified mail return receipt request at least 15 days prior to the public
hearing to:
(a) all property owners within one hundred feet of the subject property exclusive of rights of
way;
(b) when the property proposed to be used lies within the boundaries of a neighborhood
association that has been listed with the Planning and Land Use Department, such neighborhood
association; and
(c) with all property owners of properties that are located within the corresponding set back
distances listed in § ;
(d) all return receipts shall be delivered to the Planning and Land Use Department prior to
the public hearing.
(3) publishing a notice of public hearing with a newspaper of general circulation at least
fifteen calendar days prior to the public hearing;
(4) by providing any additional notice otherwise required by Chapter .
J. Signs. No signs shall be allowed on an antenna or tower unless said signs are necessary
for safety reasons or for compliance with the law. If a sign is required it shall comply with all local
ordinances regarding signage unless a federal or state law requires otherwise.
K. Equipment Cabinets. Equipment cabinets associated with antennas or towers shall
comply with the requirements of § .
L. Annual Antenna/Tower Plan. Telecommunications owners shall submit an annual
application for approval of multiple towers and/or antenna sites to be constructed within the city within a
year.
M. Form of Submittal. All submittals to the Planning and Land Use Department or to the
various other officials having authority to review and approve proposed facilities, pursuant to this section,
shall be in writing with accompanying data on a diskette in a format acceptable to the GIS division so that
infrastructure developed within the city can be incorporated into the city's graphic information system.
N. Property Maintenance. All property used for siting of towers or antennas shall be
maintained, without expense to the city, so as to be safe, orderly, attractive, and in conformity with all cit y
codes including those regarding removal of weeds and trash.
O. Survey of Underground Facilities. If the construction requires the location of
underground facilities, said facilities shall be surveyed by depth, line, grade, proximity to other facilities or
other standard, the permittee shall cause the location of such facilities to be verified by a registered land
surveyor. The permittee shall relocate its own facilities which are not located in compliance wi th permit
requirements. If conduit is to be constructed and placed within or upon leasable city property said conduit
shall be dedicated to the city pursuant to this section and in accordance with the principles set out in
Chapter .
P. Non-complying Work. Upon order of the planning and land use director all work outside
of city rights of way which does not comply with the application plans and specifications for the work, or
the requirements of this section or approval authority, shall be removed or made to comply within sixty
(60) days. Upon order of the Public Works Director all work within city rights of way which does not
comply with the application plans and specifications for the work, or the requirements of this section, shall
be removed or made to comply within sixty (60) days. Permittee is only responsible for its own facilities.Q. Completion of Construction. The applicant shall promptly complete all construction
activities affecting city owned property so as to minimize disruption of the leasable city property.
R. Record Documents. The permittee, within sixty (60) days after completion of
construction of all approved towers and antennas, shall furnish the city with two (2) complete sets of plans,
drawn to scale and certified to the city as accurately depicting the location of all telec ommunications
facilities constructed pursuant to the permit.
S. Restoration of Improvements. Upon completion of any tower or antenna construction
work, the permittee shall promptly repair any and all public and private property improvements, fixtures,
structures and facilities in the leasable city property damaged during the course of construction, restoring
the same as nearly as practicable to its condition before the start of construction.
T. Landscape Restoration. All vegetation, landscaping and grounds removed, damaged or
disturbed as a result of the construction, installation maintenance, repair or replacement of towers or
antennas, shall be replaced or restored, by the permittee, as nearly as practicable to the condition exist ing
prior to performance of work. All restoration work within the leasable city property shall be done in
accordance with plans approved by the appropriate city division and applicable city code, including but not
limited to Chapter .
U. The city will require a signed affidavit from applicant acknowledging that, regardless of
any agreements between the applicant and property owner, the property owner has been advised that he or
she may be responsible for the removal of all towers and antennas upon abandonment.
V. Traffic Control Plan. All applications which involve work on, in, under, across or along
any public rights of way shall be accompanied by a traffic control plan demonstrating the protective
measures and devices that will be employed, if any, consistent with Uniform Manual of Traffic Control
Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient
pedestrian and vehicular traffic.
W. Historic and Escarpment Districts. Towers and antennas may be approved within
designated historic or escarpment overlay districts only by special exception in accordance with section
. No tower or antenna shall be permitted, notwithstanding the foregoing, upon lands or structures which are
designated contributing, significant, or a landmark upon the historic districts status map or the landmark
structures status map.
X. Noise. All towers and antennas and affiliated facilities including but not limited to
telecommunications facilities shall be designed and constructed in such a manner as to minimi ze noise to
the maximum extent technically feasible by way of insulation and sound-proofing. Additionally, no towers
or antennas shall be permitted if they violate the city's noise ordinance.
Y. Tower and Antenna Heights. Heights shall be generally limited to the overlying or
underlying zoning height limits, whichever are more restrictive. In through , and districts,
heights of towers and antennas shall not exceed 24 feet unless located on a permitted or permissible
nonresidential building where towers and antennas shall be limited to 35 feet. Except in , , and
districts the underlying height limit shall be 100 ft. Overlying zoning limits shall still apply. Preexisti ng
towers, preexisting antennas and preexisting tower alternatives, as well as new antennas co-sited upon
preexisting towers and other preexisting structures, shall not be so restricted, so long as they don’t exceed
the height of the preexisting tower or structure. Any tower or antenna exceeding the height limit imposed
by this general requirement shall require a special exception pursuant to § and a demonstration
before the appropriate reviewing body that compliance with this general requirement can not be achieved
by use of alternative locations and without loss of telecommunications service coverage.
Z. Airport Area. Any tower or antenna to be built within the airport terminal control area
shall be built in conformity with all FAA and FCC regulations and shall be submitted for administrative
review to the city's Airport Manager in order to assure that the tower or antenna will not cause a risk to
aviation traffic by way of physical obstruction or signal interference.
AA. A condition of all permits for new tower construction shall be that the permittee shall
allow co-location, to the extent feasible, of telecommunications facilities at commercia lly reasonable rates
upon or within the site that is the subject of such permit.
Section 19. A new Section is ordained to read:
Uses not Requiring a Permit.
A. General. The uses listed in this subsection are generally deemed to be permitted and shall
not require administrative approval or a special exception pursuant to this section. However, nothing herein
shall be deemed a waiver of any enforcement officials power to seek redress against persons placing
facilities in such a location or manner as to create a risk to public safety or otherwise in violation of la w.
B. Permitted Uses. A permit or approval, excepting only a building or electrical permit if
otherwise required, is not required for the construction or use of the following antennas and towers so long
as they comply with the following requirements. Nothing herein shall constitute a waiver of the city's
enforcement authority in the event that a particular tower or antenna is either non-complying with the
following criteria or is deemed to constitute a safety hazard:
(1) Antennas and other over-the-air receiving devices, for the reception of video images as
defined and regulated by FCC Report and Order # , which devices do not exceed one meter in diagonal
length or diameter or are designed to receive television broadcast signals only. The antenna, located in
historical districts and residential zones, to the maximum extent possible, without interfering with signal
reception, and without performing new or additional construction, is screened from view of adjacent
properties and adjacent public rights-of-way. Antennas may not be required to be screened if the screening
device would create a greater visual impact than the unscreened antennas. The screening may incl ude
existing parapets, walls, or similar architectural elements provided that it is painted and te xturized to
integrate with the architecture of the building. As an alternative screening method, landscaping positioned
on the premises to screen antennas from adjacent properties may be proposed in lieu of architectural
screening.
Section 20. A new Section is ordained to read:
Administrative Approval of Certain Uses.
A. General. The following provisions shall govern administrative approvals for towers and
antennas. All such approvals or denials shall be made in a timely fashion, and if not made within 30 days,
applicant will be provided with written notification why delay continues.
(1) Each applicant for administrative approval shall apply to the Planning and Land Use
Department providing the information required by subsection and pertinent information required
pursuant to subsection of this ordinance and a non-refundable fee as established by resolution of
the governing body of the city to reimburse the city for the actual costs of reviewing the application.
(2) The Planning and Land Use Department shall review and approve applications for
administrative approval if the proposed use complies with subsection of this ordinance, the
setback and separation requirements of subsection , and all other laws and all other pertinent
provisions of city code.
(3) If an administrative approval is denied, the applicant may appeal such denial by filing an
application for a special exception pursuant to subsection .
(4) Prior to issuance of any administrative approval pursuant to this section, the applicant
shall post a public notice poster obtained from the city upon the property where the tower or antenna is to
be located. The poster shall be prominently displayed, visible from a public street, and securely placed on
the property. The applicant shall use its best efforts to cause the poster to remain posted from the time of
application to the time the appeal period has run. The poster shall indicate the nature of the request, the
identification of the property affected and the time, date and location and manner in which an interest ed
member of the public shall review the application.
B. List of uses eligible for administrative approval. The following uses may be approved by
the Planning and Land Use Department after conducting an administrative review so long as the proposed
use is not within a historic, south central highway corridor, or escarpment overlay district:
(1) New antennas on existing towers or structures. An antenna which is attached to an
existing tower or structure may be administratively approved. Co-location of antennas by more than one
carrier on existing towers or structures shall take precedence over the construction of new towers. Co-
location of antennas on existing towers or structures shall comply with all the following:
(a) no antenna shall extend more than thirty (30) feet above the highest point of the structure;
(b) the antenna shall comply with all applicable FCC and FAA regulations;
(c) the antenna shall comply with all applicable building codes; and
(d) the antenna shall not exceed the height limitation for the underlying or overlay zoning
unless the antenna is placed on a preexisting tower or structure and does not exceed the height of the tower
or structure.
(2) Relocated Towers. Onsite relocation of towers may be approved administratively if:
(a) a tower which is being rebuilt to accommodate the co-location of one or more additional
antennas may be moved onsite within fifty (50) feet of its existing location.
(b) such relocation shall not increase the number of towers remaining on the site.
(c) a relocated onsite tower shall continue to be measured from the original tower location
for purposes of calculating separation distances between towers pursuant to subsection . The
relocation of a tower hereunder shall in no way be deemed to cause a violation of § .
(d) the height of a relocated tower shall be in compliance with the underlying and overlay
zoning.
(3) New Towers. New towers may be administratively approved so long as they are not
within an underlying residentially zoned district provided a licensed professional engineer certifies the
tower can structurally accommodate the number of shared users proposed by the applicant; the Planning
and Land Use Department concludes the tower is in conformity with the goals set forth in subsections
and ; the tower meets the setback requirements in Subsection ; and the tower is no
higher than the lesser of the underlying or overlay zoning for the district.
(4) Cable Microcell Network. A cable microcell network may be approved administratively
if it constitutes the use of multiple low-powered transmitters/receivers attached to existing wireline
systems, such as conventional cable or telephone wires, or similar technology that does not require the use
of towers.
(5) Prior to issuance of any administrative approval for a site within a residentially zoned
district pursuant to this section, the applicant shall, in addition to meeting the requirements of , provide
notification by certified mail, return receipt requested, proof of which is to be included with the applica tion
to (a) all property owners within 100 feet of the subject property, exclusive of right-of-way and (b) if the
property proposed to be used lies within the boundaries of a neighborhood association that has been listed
with the Planning and Land Use Department to such neighborhood association.
(6) Face-mounted and roof mounted antennas and tower alternatives, painted and texturized
to match the existing building or structure, may be administratively approved.
Section 21. A new Section is ordained to read:
Special Exceptions.
A. General. Any tower or antenna which is not otherwise permitted or administratively
approved or which permit or administrative approval is appealed shall be brought for consideration to the
board of adjustment. Special exception may also require review and approval by the historic design review
board or planning commission as detailed in this section. The following provisions shall govern the
issuance of all special exceptions for towers or antennas:
(1) A special exception shall be required for the construction and placement of all towers and
antenna in all zoning districts unless said construction or placement is otherwise permitted or
administratively approved pursuant to this ordinance.
(2) Applications for special exceptions under this section shall be subject to the procedures
and requirements of § except as modified in this section.
(3) Unless a waiver is granted in accordance with Section , height shall be limited to the
overlying or underlying district, whichever is more restrictive, except in , , and districts where the
height limit shall be 100 feet.
(4) In granting a special exception, the reviewing body may impose conditions to the extent
such conditions are necessary to minimize any adverse effect of the proposed tower or antenna.
(5) Any information of an engineering nature that the applicant submits, whether civil,
mechanical, or electrical, shall be certified by a licensed professional engineer.
(6) An applicant for a special exception shall submit the information described in this section
and a non-refundable application fee to be established by resolution of the governing body, sufficient to
reimburse the city for the costs of reviewing the application.
(7) Any denial of an application for a special exception pursuant to this section shall be in
writing and shall explicitly state the grounds for the denial.
(8) No new tower shall be allowed unless the applicant makes an adequate showing that
tower alternatives are not viable. The availability of suitable existing towers, and other structures, shall be
set out in all applications for new towers. No new tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the reviewing body that no existing tower or structure can be
used in lieu of new construction to accommodate the applicant's proposed telecommunications facilit y. An
applicant shall submit information to the reviewing body related to the availability of suitable existi ng
towers and other structures. Evidence submitted to demonstrate that no existing tower or structure can
reasonably accommodate the applicant's proposed telecommunications facilities may consist of any of the
following:
(a) no existing towers or structures are located within the geographic area which meet applicant's engineering requirements;
(b) existing towers or structures are not of sufficient height to meet applicant's engineering requirements;
(c) existing towers or structures do not have sufficient structural strength or space available to support applicant's proposed telecommunications facilities and related equipment;
(d) the applicant's proposed telecommunications facilities would cause unavoidable electromagnetic interference with the antenna on the existing towers or structures, or the
antenna on the existing towers or structures would cause interference with the applicant's
proposed telecommunications facilities;
(e) there are other limiting factors that render existing towers and structures unsuitable;
(f) the owners of existing towers or structures will not allow the applicant to place its telecommunications facilities thereon, or such owners are requiring payments therefore
that substantially exceed commercially reasonable rates.
(9) In addition to board of adjustment approval set forth above, no special exception shall be granted in any historic district unless the applicant can conclusively demonstrate:
(a) To the historic design review board that:
(1) a failure to grant a special exception would prohibit or effectively prohibit the applicant from providing services in a portion of the city;
(2) all alternatives to location in the historic district have been considered;
(3) the conditions of § ( ) have been met.
(b) The board of adjustment and historic design review board shall conduct concurrent reviews of applications submitted under this section.
(c) and to the city council, in the event of an appeal.
(10) In addition to board of adjustment approval set forth above, no special exception shall be
granted in an escarpment or south central highway corridor overlay districts unless the applicant can
demonstrate to:
(a) the Planning Commission that:
(1) a failure to grant a special exception would prohibit or effectively prohibit the applicant from providing services in a portion of the city;
(2) all alternatives to location in the escarpment district have been considered and all conditions of § have been met where applicable.
(b) The board of adjustment and planning commission shall conduct concurrent reviews of a applications submitted under this section.
(c) and to the city council, in the event of an appeal.
(11) Fencing and Walls. Outside the historical districts, the Board of Adjustment may require
that towers or antennas be enclosed by fencing or walls not less than six feet nor more than eight feet in
height and may also require that any tower be equipped with an appropriate anti-climbing device. Inside the
historical districts, if deemed necessary for safety, the historical design review board may require that
towers or antennas be enclosed by fencing or walls not less than six feet nor more than eight feet in height
and may also require that any tower be equipped with an appropriate anti-climbing device, provided that
the fence or wall is designed to have the least negative impact upon the streetscape.(12) Landscaping. The Board of Adjustment may require landscaping surrounding towers and
antennas. Existing vegetation and natural land forms on the site shall be preserved to the maximum extent
possible.
B. Information Regarding Towers. In addition to any information required for applications
for special exceptions pursuant to § , applicants for a special exception for a tower shall submit the
following information:
(1) a scaled site plan clearly indicating the location, type and height of the proposed tower,
on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other
jurisdictions), general plan classification of the site, adjacent roadways, proposed means of access, setbacks
from property lines, elevation drawings of the proposed tower and any other structures, topography,
parking, and other information deemed by the Planning and Land Use Department to be necessary to assess
compliance with this ordinance.
(2) legal description of the parent tract and leased parcel including a copy of the plat of
survey for the Planning and Land Use Department's verification that all facilities are placed upon a legal l ot
of record.
(3) the setback distance between the proposed tower and residentially zoned property.
(4) the separation distance from o
