HomeMy Public PortalAboutTitle 10, Chapter 02- Wireless Communication Towers and AntennasTITLE 10 IONA CITY CODE
CHAPTER 2 (Revision: December 7, 2023) Page 284
CHAPTER 2 Wireless Communication Towers and Antennas
SECTION:
10-2-1: Purpose
10-2-2: Definitions
10-2-3: Applicability
10-2-4: General Requirements
10-2-5: Permitted Uses—T-1 and T-2 Zones
10-2-6: Application
10-2-7: Separation
10-2-8: Buildings or Other Equipment Storage
10-2-9: Removal of Abandoned Antennas and Towers
10-2-10: Non-Conforming Uses
10-2-11: Requests for Tower Overlay Zones
10-2-1: PURPOSE. The purpose of this Chapter is to establish requirements for the siting
of wireless communications towers and antennas within the City. In particular, the purposes of
this Chapter are to:
(A) Protect residential areas and land uses from adverse impacts of Wireless Communication
towers and antennas.
(B) Discourage the location of Wireless Communication towers in or near residential areas.
(C) Minimize the total number of Wireless Communication towers throughout the City.
(D) Strongly encourage the joint use of new and existing Wireless Communication tower sites,
rather than constructing single-use Wireless Communication towers
(E) Encourage the location of Wireless Communication towers and antennas, to the maximum
extent possible, in areas where the adverse impact on the City residents is minimal.
(F) Encourage the configuration of Wireless Communication towers and antennas in a way
that minimizes adverse visual impact of the Wireless Communication towers and antennas
through careful design, siting, landscape screening, and innovative camouflaging
techniques.
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(G) Enhance the ability of the providers of telecommunications services to provide such
services to the City quickly, effectively, and efficiently.
(H) Protect the public health and safety by encouraging proper design and construction of
Wireless Communication towers.
(I) Avoid potential damage to adjacent properties from Wireless Communication tower failure
through engineering and careful siting of Wireless Communication tower structures.
(Ord. 191-03-15, 2/17/2015).
10-2-2: DEFINITIONS. As used in this Chapter, the following terms shall have the
meanings set forth below:
ALTERNATIVE TOWER
STRUCTURES:
Man-made trees, clock towers, bell
steeples, light poles and similar mounting
structures that camouflage or conceal the
presence of wireless communication
towers or antennas.
ANTENNA: Any exterior transmitting or receiving
device 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: 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.
CONCEALED ANTENNAS: Antennas placed and concealed within
existing structures.
FAA: The Federal Aviation Administration.
FCC: The Federal Communications
Commission.
GUYED TOWER: A support structure of metal crossed strips
or bars steadied by wires in a radial pattern
around the tower structure.
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HEIGHT: When referring to a tower or other
structure, the distance measured from the
finished grade of the parcel to the highest
point on the tower or other structure,
including the base pad and any antenna.
LATTICE TOWER: A support structure consisting of metal
crossed strips or bars supporting antennas
and related equipment, without supporting
guy wires.
MICROCELL NETWORK: Installing a cable microcell network
through 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.
MONOPOLE: A structure composed of a single spire.
OWNER: The person who owns or operates an
antenna or tower, including the person or
entity which owns the property upon which
an antenna or tower is located.
PRE-EXISTING TOWERS
AND PRE-EXISTING
ANTENNAS:
Any tower or antenna for which a building
permit has been properly issued prior to the
effective date of this Chapter, including
permitted towers or antennas that have not
yet been constructed so long as such
approval is current and not expired.
REPLACEMENT OF LIGHT
STANDARDS AND
SIMILAR STRUCTURES:
Antennas attached to a light standard or
flagpole on a commercial or institutional
use, provided the height of the standard is
not increased, the height of the antenna
does not exceed the height of the standard
replaced, and the equipment shelter can
meet the location requirements of this
Chapter.
WIRELESS
COMMUNICATION
TOWER OR TOWER:
Any structure that is designed and
constructed primarily for the purpose of
supporting one or more antennas for
television, telephone, radio and similar
voice, video or data transmission purposes,
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including self-supporting lattice towers,
guyed towers, or monopole towers. The
term includes microwave towers,
common-carrier towers, cellular telephone
towers and alternative tower structures.
The term also includes any supporting guy
wires or structures, as well as building used
to house equipment and facilities used to
operate or provide power to such antennas.
ZONING
ADMINISTRATOR:
A person appointed by the Council to
administer the provisions of this Chapter.
Such person may be an employee or officer
of the City, including the Mayor or
members of the Council or a private
person. In the absence of such
appointment, any reference to the “Zoning
Administrator” shall be deemed to refer to
the Mayor.
(Ord. 191-03-15, 2/17/2015).
10-2-3: APPLICABILITY.
(A) Wireless Communication Towers and Antennas. All Wireless Communication towers
or antennas in the City shall be subject to the provisions of this Chapter, except as provided
in section (B) below.
(B) Exceptions.
(1) Amateur Radio Station Operators/Receive Only Antennas. This Chapter 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 as a “receive-only” antenna.
(2) Pre-existing Towers or Antennas. Pre-existing Wireless Communication towers
and antennas shall not be required to meet the requirements of this Chapter, other
than the requirements of Section 10-2-4(F) and (G).
(3) Radio and TV Towers and Antennas. Towers and antennas when constructed as
accessory uses for radio and television stations, as permitted under Section 11-7-3
(Industrial Zone) of the Iona Zoning Ordinance, shall not be required to meet the
requirements of this Chapter unless modified for collocation as specified in
subsection 10-2-5(D).
(Ord. 191-03-15, 2/17/2015).
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10-2-4: GENERAL REQUIREMENTS.
(A) Principal or Accessory Use. Wireless Communication towers and antennas may be
considered either as principal or accessory uses. The existence of an existing structure on
the same lot shall not preclude the installation of another antenna or tower on such lot.
(B) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to
the Zoning Administrator an inventory of its existing towers, antennas, or sites approved
for towers or antennas, that are either within the City or within one mile of the borders
thereof, including specific information about the location, height, and design of each tower.
The Zoning Administrator may share such information with other applicants applying for
approvals under this Chapter or other organizations seeking to locate antennas within the
City, provided, however that the Zoning Administrator is not, by sharing such information,
in any way representing or warranting that such sites are available or suitable for
collocation.
(C) Aesthetics. Wireless Communication Towers and antennas shall meet the following
requirements:
(1) Towers shall have a galvanized steel finish or, subject to any applicable standards
of the FAA, shall be painted a neutral color so as to reduce visual obtrusiveness,
unless the tower is a laminated monopole.
(2) At a tower site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, textures, screening, and landscaping that will blend
into the natural setting and be compatible with surrounding buildings.
(3) If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is
identical to, or closely compatible with, the color of the supporting structure so as
to make the antenna and related equipment as visually unobtrusive as possible.
(D) Lighting. Wireless Communication Towers shall not be artificially lighted, unless
required by the FAA or other applicable regulatory authority. If lighting is required, such
lighting must employ the alternative which will cause the least possible disturbance to the
surrounding views, as between all alternatives that comply with FAA regulations.
(E) State or Federal Requirements. All towers must meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the state or federal government
with the authority to regulate Wireless Communication Towers and antennas. If such
standards and regulations are changed, then the owners of the towers and antennas
governed by this Chapter shall bring such towers and antennas into compliance with such
revised standards and regulations within six (6) months of the effective date of such
standards and regulations, unless a different compliance schedule is mandated by the
controlling state or federal agency. Failure to bring towers and antennas into compliance
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with such revised standards and regulations shall constitute grounds for the removal of the
tower or antenna at the owner’s expense.
(F) Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner
of a tower shall ensure it is maintained in compliance with standards contained in the
International Building Code and the National Electric Code, as amended and adopted by
the City from time to time.
(G) Measurement. For the purposes of measurement, tower setbacks and separation distances
shall be calculated and applied to facilities located in the City irrespective of municipal and
county jurisdictional boundaries.
(H) AM Array. For purposes of implementing this Chapter, an AM array, consisting of one
or more tower units and a supporting ground system 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. Additional tower units may be added within the perimeter of the AM array
by right.
(I) Towers Not Considered as Essential Services. Wireless Communication Towers and
antennas shall be regulated and permitted pursuant to this Chapter and shall not be
regulated or permitted as essential services, public utilities, or private utilities.
(J) Signs. No signs, as defined in Section 11-1-5 of this Code, may be attached to or supported
by an antenna or Wireless Communication Tower, except for any sign that is (1) required
by law or (2) necessary for safety.
(K) Buildings and Support Equipment. Buildings and support equipment associated with
antennas or towers shall comply with the setback requirements of the applicable zone
unless the provisions of this Chapter are more restrictive.
(Ord. 191-03-15, 2/17/2015); (Ord. 274-01-22, 1/18/2022).
10-2-5: PERMITTED USES—T-1 AND T-2 ZONES.
(A) General. Antennas or towers, including appurtenant additional buildings or other
supporting equipment used in connection with said tower and antenna, are permitted uses
in the T-1 and T-2 overlay zones.
(B) T-1 Overlay Zone. The purpose of the T-1 Overlay Zone is to permit towers of limited
height on publicly-owned property or commercial areas near County roads and existing
towers. The height of the towers is limited due to the close proximity of residential
structures.
(1) Design Requirements. Antennas or towers, including the placement of additional
buildings or other supporting equipment used in connection with said tower and
antenna, shall meet the following requirements:
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(a) The height shall not exceed ninety (90) feet.
(b) The tower shall be constructed to permit another carrier to co-locate on the
same tower without significant structural modification to the tower.
(c) The distance between the base of the tower and the property line of the
nearest residence shall not be less than the height of the tower.
(d) Towers shall meet the separation distances in Tables 1 and 2, Section 10-2-
7.
(e) Towers and accessory buildings shall meet the setback requirements of the
underlying zone.
(f) Noise levels above 45dB, as measured from the nearest property line on
which the tower is located, are not permitted.
(C) T-2 Overlay Zone. The purpose of the T-2 Overlay Zone is to permit towers and
appurtenant buildings and equipment on commercially or industrially zoned properties near
county roads. These zones are buffered from residential areas by natural or man-made
features such as rivers, railroads or natural geographical or topological features.
(1) Design Requirements. Antennas or towers, including the placement of additional
buildings or other supporting equipment used in connection with said tower and
antenna, shall meet the following requirements:
(a) The height of the tower or antenna shall be no greater than the following:
(i) For a single user, up to ninety (90) feet.
(ii) For two users, up to one hundred twenty (120) feet; and
(iii) For three or more users, up to one hundred (150) feet.
(b) Setbacks.
(i) Towers must be set back a distance equal to at least seventy-five
percent (75%) of the height of the tower from any public street.
(ii) Guys and accessory buildings shall meet the setback requirements
of the underlying zone.
(c) Separation. Towers shall meet the separation requirements of Tables 1 and
2, Section 10-2-7.
(d) Noise levels. No equipment shelter shall produce noise levels separate or
accumulative above 45dB as measured from the nearest property line of the
closest residence.
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(D) Existing Structures. Antennas may be installed after the effective date of this Chapter on
existing structures or existing towers as permitted uses in the T-1 and T-2 zones, provided
they comply with the terms of subsections (1) and (2) below.
(1) Antennas on Existing Structures. Any antenna which is not attached to a tower
may be approved by the Zoning Administrator as an accessory use to any
commercial, industrial, professional building or use or upon a multi-family
structure of eight or more dwelling units, provided:
(a) The antenna does not extend more than thirty (30) feet above the highest
point of the structure;
(b) The antenna complies with all applicable FCC and FAA regulations; and
(c) The antenna complies with the International Building Code and National
Electric Code as amended and adopted by the City from time to time.
(2) Antennas on or in Conjunction with Existing Towers. An antenna which is to
be attached to an existing tower may be approved by the Zoning Administrator,
provided such collocation is accomplished in a manner consistent with the
following:
(a) In order to minimize adverse visual impacts associated with the
proliferation and clustering of towers, collocation of antennas by more than
one carrier on existing towers shall take precedence over the construction
of new towers.
(b) A tower which is modified or reconstructed to accommodate the collocation
of an additional antenna shall be of the same tower type as the existing
tower, unless the Zoning Administrator allows reconstruction as a
monopole.
(c) Height Restrictions.
(i) An existing tower other than one in a T-1 zone may be modified or
rebuilt to a taller height, not to exceed thirty (30) feet over the
tower’s existing height, in order to accommodate the collocation of
an additional antenna. The height change referred to in this
subsection may only occur one time per tower.
(ii) The additional height referred to in this subsection shall not require
an additional distance separation as set forth in Table 1 or 2 of
Section 10-2-7 of this Chapter. The tower’s pre-modification height
shall be used to calculate such distance separations.
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(d) Relocation of Existing Tower.
(i) A tower which is being rebuilt to accommodate the collocation of
an additional antenna may be moved on-site within fifty (50) feet of
its existing location.
(ii) After the tower is rebuilt to accommodate collocation, the old tower
must be removed.
(iii) A relocated on-site tower shall be measured from the original tower
location for purposes of calculating separation distances between
towers pursuant Table 2. The relocation of a tower hereunder shall
not be deemed as a violation of Table 2.
(iv) The on-site relocation of a tower shall not come within the
separation distances to residential units or residentially zoned lands
as established in Table 1.
(Ord. 191-03-15, 2/17/2015).
10-2-6: APPLICATION. The application for a permitted tower or antenna shall contain
at the minimum the following information:
(A) Applicant’s name, address, and telephone number.
(B) Name, phone number and principle place of business of the carrier.
(C) A scaled site plan, construction plans and engineering calculations, elevations, and other
data as required by the Zoning Administrator.
(D) Lighting plans, if any.
(E) A statement as to whether construction of the tower will accommodate collocation of
additional antennas for future users.
(F) The distance separating the proposed tower from other towers on the same site.
(G) An inventory of existing sites of the carrier within the City in accordance with Section 10-
2-4(C) of this Chapter.
(H) Written proof that all applicable requirements of the FCC and FAA have been satisfied. If
such documentation is older than one (1) year, new documentation shall be submitted.
(I) Certification by a professional engineer licensed in the State of Idaho that the proposed
installation complies with the requirements of the International Building Code.
(J) Color photo simulations showing the proposed tower as it will appear:
(1) From the nearest public street.
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(2) From the nearest residential property.
(K) A description of compliance with 10-2-4(D), (E), (J) and (K).
(Ord. 191-03-15, 2/17/2015).
10-2-7: SEPARATION. The following minimum separation requirements shall apply to
all towers in the T-1 and T-2 Overlay Zones:
(A) Separation from Off-site Uses/designated Areas. Tower separation shall be measured
from the base of the tower to the lot line of the off-site uses and/or boundary line of
designated areas as specified in Table 1. Towers shall comply with the minimum
separation distances established in Table 1 below.
TABLE 1
Off-Site Use/Designated Area Separation Distance
Residential zones or land shown as
residential on the City Zoning Map
or Comprehensive Plan
200 feet or 300% height of
tower, whichever is greater
Agricultural, commercial or
industrial zones or land shown as
agricultural, commercial/industrial
on the City Zoning Map or
Comprehensive Plan
Setback as required for main
buildings by applicable zone.
(B) Separation Distances Between Towers. The minimum separation distances (listed in
lineal feet) shall be as shown in Table 2. Separation distances between towers shall be
applicable for and measured between the proposed tower and pre-existing towers. The
separation distances shall be measured by drawing or following a straight line between the
base of the existing tower and the proposed base, pursuant to a site plan of the proposed
tower.
TABLE 2
Lattice Guyed
Monopole
70 feet in
Height or
greater
Monopole
less than 70
feet in
Height
Lattice 2,000 feet 2,000 feet 1,000 feet 500 feet
Guyed 2,000 feet 2,000 feet 1,000 feet 500 feet
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Monopole
70 feet in
Height or
greater
1,000 feet 1,000 feet 1,000 feet 500 feet
Monopole
less than 70
feet in
Height
500 feet 500 feet 500 feet 500 feet
(Ord. 191-03-15, 2/17/2015).
10-2-8: BUILDINGS OR OTHER EQUIPMENT STORAGE.
(A) Antennas Mounted on Structures or Roof Tops. The equipment cabinet or structure
used in association with antennas mounted on structures or roof tops shall contain no more
than one hundred-twenty (120) square feet of gross floor area or be more than twelve (12)
feet in height. Equipment storage buildings or cabinets shall comply with all applicable
building codes and the zoning district setback requirements.
(B) Antennas Mounted on Utility Poles and Light Standards. The equipment cabinet or
structure used in association with antennas mounted on utility poles or light standards shall
not contain more than one hundred-twenty (120) square feet of gross floor area or be more
than twelve (12) feet in height. Equipment storage buildings or cabinets shall comply with
all applicable building codes and the zoning district setback requirements. If the equipment
cabinet/structure is located in a residential zone, it shall be screened by an evergreen hedge
with an ultimate height of at least forty-eight (48) inches and a planted height of at least
thirty-six (36) inches. The light standard, utility poles or similar existing structure on which
the antenna are placed shall not be required to meet the setback requirements of the zone
and separation distances in Sections 10-2-5 or 10-2-7.
(Ord. 191-03-15, 2/17/2015).
10-2-9: REMOVAL OF ABANDONED ANTENNAS AND TOWERS. Any antenna or
tower that is not used or operated for a continuous period of one hundred eighty (180) days shall
be deemed as abandoned, and the Owner of such antenna, tower or property shall remove the same
within ninety (90) days of receipt of notice from the City notifying the Owner of such
abandonment. Any Owner who fails to remove an abandoned antenna or tower within said time
frame shall be guilty of a misdemeanor for each day thereafter that such abandoned tower or
antenna is left in place. Such failure shall also be grounds to remove the tower or antenna at the
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Owner’s expense. If there are two or more users of a single tower, then abandonment shall not be
deemed to occur until all users cease using the tower.
(Ord. 191-03-15, 2/17/2015).
10-2-10: NON-CONFORMING USES.
(A) No Expansion of Nonconforming Use. Towers constructed and antennas installed in
accordance with the provisions of this Chapter shall not be considered as an expansion of
an existing, lawful nonconforming use or structure.
(B) Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they
presently exist, provided such use is not enlarged, modified, expanded or additional
antennas are added. Routine maintenance (including replacement with a tower of like
construction and height) shall be permitted on such pre-existing towers. Construction
expansion, enlargement or installation of additional equipment, poles, towers or
appurtenances, other than routine maintenance on a pre-existing tower shall comply with
the requirements of this Chapter.
(C) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas.
Notwithstanding Section 10-2-8, bona-fide nonconforming towers or antennas damaged or
destroyed by force majeure or accidental events may be rebuilt without having to meet the
separation requirements specified in Section 10-2-7. The type, height, and location of the
tower shall be of the same as the original facility. Building permits to rebuild the facility
shall be obtained within 180 days from the date the facility is damaged or destroyed. If no
permit is obtained or if said building permit expires, the tower or antenna shall be deemed
abandoned as specified in Section 10-2-9.
(Ord. 191-03-15, 2/17/2015).
10-2-11: REQUEST FOR TOWER OVERLAY ZONE. When evaluating applications
for permits within the T-1 and T-2 overlay zones, the City Council may grant a variance to any
condition or requirement under this Chapter, upon a showing of hardship not caused by the
applicant, any unusual topographical feature or existing lot configuration or feature or other
condition which makes compliance with this Chapter impossible or highly impractical. In
considering a request for a variance the Council shall consider the following non-exclusive factors:
(A) The purposes listed in Section 10-2-1.
(B) Whether or not alternative technology can accommodate the applicant’s proposed antenna,
without the need for a variance.
(C) Whether there are existing towers or structures at other locations without or within the City
that meet applicant’s engineering requirements in terms of location, height, or structural
strength.
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(D) Whether the applicant’s proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or whether the antenna on the existing
towers or structures would cause interference with the applicant’s proposed antenna.
(E) Whether the fees, costs, or contractual provisions required by an Owner in order to share
an existing tower or structure, adapt an existing tower or structure for sharing, or locate a
tower or antenna are unreasonable or highly impractical or impossible.
(F) Whether the applicant demonstrates an alternative technology that does not require the use
of towers or structures, such as a cable microcell network using multiple low-powered
transmitters/receivers attached to a wireline system.
(Ord. 191-03-15, 2/17/2015).