Chapter 15.72 TELECOMMUNICATIONS FACILITIES
15.72.010 Intent and applicability.
15.72.030 Wall-mounted facilities.
15.72.040 Roof-mounted facilities.
15.72.050 Pole-mounted facilities.
15.72.010 Intent and applicability.
A. Intent. The intent of this Chapter is:
1. To minimize the adverse impacts of telecommunications facilities;
2. To encourage the location of telecommunications facilities in nonresidential areas;
3. To minimize the total number of telecommunications facilities in the community;
4. To encourage the joint use of new and existing telecommunications facility locations;
5. To ensure that telecommunications facilities minimize adverse visual impacts through careful design, appropriate siting, landscape screening, and innovative camouflaging techniques;
6. To enhance the ability to provide telecommunications services to the City quickly, effectively and efficiently;
7. To protect the public health, safety and welfare;
8. To avoid damage to adjacent properties from tower failure through careful engineering and locating of towers; and
9. To encourage co-location.
B. Applicability. This Chapter shall apply to all telecommunications facilities except a tower or antenna owned and operated by a federally licensed amateur radio station operator or used exclusively as a receive only facility.
A. Setbacks.
1. A tower located within two hundred fifty feet (250') of any property zoned for residential use shall be set back from each property line one foot (1') of distance for every one foot (1') of tower height, plus an additional ten feet (10').
2. A tower located more than two hundred fifty feet (250') from property zoned for residential use shall meet the minimum setback requirements for buildings and structures in the underlying zone district.
B. Height. A tower shall not exceed the maximum structure height limit in the underlying zone district unless the SUP specifically allows the tower to exceed that limit. Under no circumstances shall a tower exceed one hundred feet (100') in height.
C. Design standards.
1. Towers. A tower shall meet the following design standards to minimize impacts on surrounding properties:
a. The tower shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area, subject to any FAA regulations.
b. The tower shall be finished in a neutral color to reduce visual obtrusiveness, subject to any applicable standards of the FAA.
c. All towers shall accommodate co-location, as described in Section 16-24-60, Co-location.
2. Support facilities. Support facilities for towers shall meet the following design standards to minimize impacts on adjacent properties:
a. The total area of all support facilities shall not exceed four hundred (400) square feet per tower.
b. Support facilities shall be grouped as closely together as technically possible.
c. No support facility shall exceed fifteen feet (15') in height.
d. Any support facility that could be dangerous to persons or wildlife shall be adequately fenced.
D. Signage. Signs shall be limited to those signs required for cautionary or advisory purposes only.
E. Illumination. Towers shall not be artificially illuminated unless required by the FAA, other governmental regulation or other governmental regulation. Ground level security lighting not more than twenty feet (20') in height may be permitted if it does not project glare onto other properties and is designed to minimize impacts on adjacent properties.
F. Screening and landscaping. If the tower is within two hundred feet (200') of property zoned R-2.5, R-2.0, R-1.5, R-1.0, R-.75, R-.5, R-.25, R-.1, R-.05 or TC, screening and landscaping shall be provided as follows:
1. Screening. The tower shall be screened by a solid view-obscuring fence not less than six feet (6') in height, or a finished masonry wall of similar material and finish to the primary structure on the site.
2. Landscaping. Landscaping shall be provided as follows:
a. The area around the tower shall be landscaped with a buffer of plant materials that effectively screens the view of the tower base from residential properties. The standard buffer shall consist of a landscaped strip at least five feet (5') in width outside the perimeter of the fence described herein, shall be composed of at least fifty percent (50%) coniferous or broadleaf evergreens that will reach at least five feet (5') in height at maturity.
b. In locations where the visual impact of the tower would be minimal, or where landscaping would not reduce or alleviate the visual impact of the tower, the Director may waive the landscaping requirement.
c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. For towers located on large, wooded lots, natural growth around the property perimeter may be considered a sufficient buffer.15.72.030 Wall-mounted facilities.
A. Height.
1. If the roof of the building is pitched, the facility shall not extend above the roof line of the building. For purposes of this Section, the roof line does not include already existing facilities and equipment located on the roof.
2. If the roof of the building is flat, the facility shall not extend above the roof line of the building. For purposes of this Section, the roof line includes already existing facilities and equipment on the roof.
B. Design standards. Wall-mounted facilities shall meet the following design standards to minimize impacts on surrounding properties:
1. Each facility shall be screened from view of adjacent properties or passersby, colored to match the building to which it is attached, or architecturally integrated with the building to which it is attached.
2. The mounting of antennae shall be as flush to the building wall as possible, and in no case shall the antennae extend more than two feet (2') above the building wall.
3. Support facilities shall be placed inside the building if feasible. All support facilities shall be grouped as closely as technically possible, and the total area of all support facilities shall not exceed four hundred (400) square feet per building-mounted facility.
C. Signage. Signs shall be limited to those signs required for cautionary or advisory purposes.15.72.040 Roof-mounted facilities.
A. Height. Under no circumstances shall a roof-mounted facility extend more than seven feet (7') above the roof line of the building. For purposes of this Section, the roof line includes parapets and equipment already existing on the roof, but does not include other roof-mounted facilities.
B. Design standards. Roof-mounted facilities shall meet the following design standards to minimize impacts on the surrounding properties:
1. The facility shall be screened from view of adjacent properties or passersby, colored to match the building to which it is attached, or architecturally integrated with the building to which it is attached.
2. Antennae, support structures, screening, accessory equipment and all other roof-mounted appurtenances shall not exceed a total of twenty-five percent (25%) of the total surface area of the roof, per facility.
3. Support facilities shall be placed inside the building if feasible. All support facilities shall be grouped as closely as technically possible, and the total area of support facilities shall not exceed four hundred (400) square feet per roof-mounted facility.
C. Signage. Signs shall be limited to those signs required for cautionary or advisory purposes.
15.72.050 Pole-mounted facilities.
A. Height. Pole-mounted facilities shall not exceed the maximum structure height limit in the underlying zone district unless the special use permit specifically allows the facility to exceed that limit. Under no circumstances shall a pole-mounted facility exceed one hundred feet (100') in height.
B. Design standards. A pole-mounted facility shall adhere to the following design standards to minimize impacts on surrounding properties:
1. The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.
2. The facility shall be colored to match the pole to which it is attached.
3. The total area of all support facilities shall not exceed four hundred (400) square feet per pole-mounted facility. Support facilities shall be screened from view by vegetation, fencing, or another comparable method of screening.
C. Illumination. Pole mounted facilities shall not be artificially illuminated unless required by the FAA or other governmental regulation; provided that a flagpole may be illuminated at night if it is flying the national flag, and ground level security lighting of not more than twenty feet (20') in height may be permitted if it is designed to minimize glare and impacts on adjacent properties.A. Antennae may be attached to an existing tower which is in compliance with all applicable requirements of this Chapter, upon administrative approval, if the height of the tower is not increased, and the new antennae and any support facilities comply with all applicable regulations of this Chapter. Any modification or reconstruction of a tower that increases the tower's height shall require a new SUP.
B. Antennae shall not be attached to an existing tower which does not comply with all applicable requirements of this Chapter without a new SUP.
A telecommunications facility that is not operated for a continuous period of one hundred and eighty (180) consecutive days shall be considered abandoned and the SUP or administrative approval shall expire. The owner of any abandoned telecommunications facility shall remove the same within ninety (90) days of the date of abandonment.
A. Notwithstanding any other procedures set forth in this Title, the procedures set forth in this Section shall apply to the location of all telecommunications facilities in the City.
B. Type of approval required.
1. Wall-mounted facilities. Wall-mounted facilities require administrative approval in the B-1, B-2, B-3, B-4, TC and MC Districts. An SUP is required prior to the location of a wall-mounted facility in the R-2.5, R-2.0, R-1.5, R-1.0, R-.75, R-.5, R-.25, R-.1, R-.05, A or O Districts.
2. Roof-mounted facilities. Roof-mounted facilities require administrative approval in the B-1, B-2, B-3, B-4, TC and MC Districts. An SUP is required prior to the location of a roof-mounted facility in the R-2.5, R-2.0, R-1.5, R-1.0, R-.75, R-.5, R-.25, R-.1, R-.05, A or O Districts.
3. Pole-mounted facilities. Pole-mounted facilities require administrative approval in the B-1, B-2, B-3, B-4, TC and MC Districts. An SUP is required prior to the location of a pole-mounted facility in the R-2.5, R-2.0, R-1.5, R-1.0, R-.75, R-.5, R-.25, R-.1, R-.05, A or O Districts.
4. Towers. An SUP shall be required prior to the location of a tower in any zone district.
C. Administrative approval.
1. Submittal requirements. The submittal requirements for administrative approval of a telecommunications facility are set forth in the Submittal Requirements table.
2. Steps, review criteria and decision. Within twenty-one (21) days of receipt of a completed application for administrative approval, the Director shall consider whether the proposed facility meets the design standards set forth in this Chapter, and issue a written decision approving or denying the application. If the application is approved, a building permit shall be issued to the applicant.
3. Expiration. If construction of the telecommunications facility is not commenced within two hundred seventy (270) days of the administrative approval, the approval shall expire. If there is an appeal, the two-hundred seventy (270) day period shall not begin until the appeal is finally resolved.
D. Special use permit.
1. Submittal requirements. The submittal requirements for an application for a SUP for a telecommunications facility are set forth in the Submittal Requirements table in Subsection C hereof. In addition, evidence of FAA approval shall be submitted with the application, if applicable, and for towers, a letter of credit in an amount sufficient to cover the cost of removal of the facility if abandoned shall be submitted with the application.
2. Steps. The steps required to process an SUP application for a telecommunications facility are set forth in the Review Process table. Notice for all public hearings shall be given pursuant to Section 15.02.50.
3. Review criteria. In considering an application for an SUP for a telecommunications facility, the City Council and Planning and Zoning Commission shall base their decision on whether the proposed telecommunications facility meets the applicable requirements of this Chapter.
4. Decision. The Planning and Zoning Commission may recommend, and the City Council may require, as a condition of approval of an SUP for a telecommunications facility, any reasonable conditions necessary to improve or modify the site plan, any reasonable conditions necessary to ensure that any negative impacts of the proposed use are eliminated or mitigated, and any reasonable conditions necessary to ensure that the proposed development and use will be commenced and fully completed in a timely fashion. The final decision by the City Council shall occur within ninety (90) days of the filing of a complete application.
5. Expiration. If construction of the telecommunications facility is not commenced within two hundred seventy (270) days of issuance of the SUP, the SUP. If there is an appeal of the City Council's decision to issue the SUP, the two hundred seventy (270) day period shall not begin until the appeal is finally resolved.
6. Change in ownership. If the ownership of a telecommunications facility changes, the issuance of a new SUP shall not be required, provided that, within fifteen (15) days after the date the change becomes effective, the new owner registers such change with the Director by providing the name and business address of the new owner, verifies in writing that the new owner has fully reviewed the special use permit and is familiar with its terms, ensures that the letter of credit is transferred, if applicable, and pays to the City the applicable inspection fee. Upon receipt of such registration, the City may inspect the property to make certain that the new owner is complying with all of the terms and conditions of the SUP.
SUBMITTAL REQUIREMENTS
|
Process |
Proof of Ownership | Application Form & Fee | Legal Description | Letter of Description & Justification | Site Plan | Landscape Plan | Site Sections / Building Elevations | Required State/ Federal Agency Permits |
|
Administrative |
X |
X |
X |
X |
X |
X |
X |
X |
|
SUP |
X |
X |
X |
X |
X |
X |
X |
X |
REVIEW PROCESS
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|
Pre-decision |
Recommendation |
Decision |
Post-decision |
|||||
|
Process |
Neighborhood Input Meeting |
Application Submittal & Determination of Sufficiency |
Impact/ Exaction Analysis |
Referrals |
Planning & Zoning Commission Public Hearing |
Community Development Department |
City Council Public Hearing |
Document Recordation |
Electronic Submittal |
|
Administrative |
|
X |
|
X |
|
X |
|
X |
|
|
SUP |
X |
X |
X |
X |
X |
|
X |
X |
X |
(Ord. 2010-11 §1)