HomeMy Public PortalAboutORD-CC-2000-04ORDINANCE 2000-04
AN ORDINANCE REGARDING THE PERMITTING OF WIRELESS
TELECOMMUNICATIONS FACILITIES
WHEREAS, it is prudent to plan for the expansion of wireless communication
towers and facilities into the City; and
WHEREAS, the City desires to establish regulations addressing the preferred
placement, visual mitigation, and installation of wireless communication towers and
facilities; and
WHEREAS, the City desires to balance the increasing need for communication
technology with the interests of the property owner while protecting the health, safety,
and welfare of the City's residents;
NOW, THEREFORE, the City of Moab adds Chapter 17.76 to the Moab
Municipal Code, to read as follows:
Chapter 17.76
WIRELESS TELECOMMUNICATIONS FACILITIES
17.76.010 Summary.
This section addresses planning issues resulting from the rapid growth in demand for low
power radio services. This section distinguishes low power radio services from other
broadcasting type telecommunication technologies and establishes provisions that deal
with issues of demand, visual mitigation, noise, engineering, residential impacts, health,
safety and facility siting.
17.76.020 Definitions.
The following definitions are specific to this chapter.
A. Antenna. A transmitting or receiving device used in telecommunications that
radiates or captures radio frequency radiation or signals.
B. Lattice Tower - A self-supporting multiple sided, open steel frame structure used
to support telecommunications equipment.
C. Low Power Radio Services Facility - An unmanned structure that consists of
equipment used primarily for the transmission, reception or transfer of voice or data
through radio wave or wireless transmissions. Such structures typically require the
construction of transmission support structures to which antenna equipment is attached.
D. Monopole. A single cylindrical metal or wooden pole that acts as the support
structure for antennas.
E. Monopole with Antennas and Antenna Support Structure Greater than Two (2)
Feet in Width. A self supporting monopole tower on which antennas or antenna support
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structures exceeding two (2) feet in width are placed. The antennas and antenna support
structures may not exceed thirteen (13) feet in width or eight (8) feet in height.
G. Monopole with Antennas and Antenna Support Structure less than Two (2) Feet in
Width. A self supporting monopole tower to which antennae or antenna support
structures not exceeding two (2) feet in width are placed. Antennas and antenna support
structures may not exceed ten (10) feet in height.
H. Roof Mounted Antenna. An antenna or series of individual antennas mounted on a
flat roof, mechanical room or penthouse of a building.
I. Wall Mounted Antenna. An antenna or series of individual antennas mounted
against the vertical wall of a building.
J. Whip Antenna. An antenna that is cylindrical in shape. Whip antennas can be
directional or omnidirectional and vary in size depending upon the frequency and gain for
which they are designed.
17.76.030. Low Power Radio Services Facility.
The requirements of this section apply to both commercial and private low power radio
services such as "cellular", whether digital or analog service, or "PCS" (Personal
Communications System), communications and paging systems. All facilities to be
constructed within the City shall comply with the following regulations and all other City
regulations and any pertinent regulations of the Federal Communications Commission
and the Federal Aviation Administration. No person shall construct or install any facility
subject to the provisions of this Chapter without complying with all of the provisions
herein.
17.76.040. Co-Location/Monopoles.
Antennas to be located on monopoles, as allowed herein, may be allowed as a conditional
use if co -located on a monopole site that has been previously approved by conditional use
permit.
17.76.050 Conditional Use, Application/Approval Procedure.
A. A conditional use permit issued under the procedures and subject to the criteria of
this chapter is required for all types of wireless telecommunications facilities.
B. Wireless telecommunications facilities shall only be allowed, pursuant to the terms
of a conditional use permit, in areas zoned I-1 and on city, county or school district
owned property located in areas found to be aesthetically appropriate and suitable by the
Public Works Director and Zoning Administrator, and approved by the Planning
Commission and City Council.
C. Application Materials. An applicant for a conditional use permit shall submit the
completed application form with the applicable fee as determined by resolution. The
following requirements shall be included with the application:
1. A Site Development Plan, which includes: proof of ownership, a valid lease, or
written authorization from the landowner where the proposed facility is to be
located.
2. A detailed sketch plan showing the area to be served plus: all roads, and utilities
on proposed site and within 300 feet of the property boundaries of the proposed
site. The placement of all structures, antennas, guy wires, and the like; the
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location of buildings, houses and structures on adjacent properties; and significant
topographical features such as ridges, washes, outcrops, and the like;
3. Detailed plans and specifications describing the specific type of antenna(s), the
materials to be used, and all necessary support equipment;
4. A copy of the applicant's license or similar certificate of authority issued by the
Federal Communications Commission authorizing the applicant to construct,
transmit, and receive Personal Communications System or Cellular signals as a
carrier;
5. A description and/or plot plan showing any buffering, screening, landscaping, or
similar techniques to be used to mitigate adverse impacts from the facility;
6. A certification by a licensed professional engineer that the proposed design meets
all Federal Communications Commission Regulations, applicable Federal
Aviation Administration regulations, applicable Environmental Protection
Agency regulations, City building and electrical codes, and all requirements of the
Municipal Code; and
7. Such other or additional information as may be deemed necessary by City Staff,
the Planning Commission, or the City Council.
B. Review Procedure. The completed application shall first be reviewed by the
Planning Commission at the next regularly scheduled meeting, provided all materials are
submitted no later than five days prior to the hearing. The Planning Commission shall
review the application and may approve it, reject it, or approve subject to conditions.
Following review by the Planning Commission, the application shall be forwarded to the
City Council. The Council may approve, reject, or approve the application subject to
conditions.
C. Notice of Decision. The City shall promptly provide every applicant a written
notice of the final decision, which shall be based upon the application materials and other
materials or evidence provided on the record before the Planning Commission and the
City Council.
17.76.070 Review Criteria.
A. All applications shall be reviewed based upon the following criteria:
1. Compatibility of the proposed structure with the height and mass of existing
buildings and utility structures, as well as neighboring residential or other uses.
2. The visual and aesthetic impact of the installation upon the community, and the
extent to which terrain, landscaping, vegetation, and buildings screen the
proposed installation;
3. Availability of necessary utilities and the existence of other similar
telecommunications facilities on the proposed site;
4. Compliance of the application with all applicable provisions of this Chapter, and
all other provisions of the Municipal Code;
5. The existence of geological or other safety hazards;
6. Off -site impacts of the installation, including the need to construct roads or other
facilities;
7. The availability of other suitable sites and whether co -location of the antenna on
other existing structures in the same vicinity such as other towers, buildings,
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water towers, utility poles, or similar structures is possible without significantly
impacting antenna transmission or reception;
8. Community need for the service to be offered by the applicant; and
9. Whether the spacing between monopoles creates quantifiable detrimental impacts
to adjoining properties.
17.76.080 Facility Types.
A. Low power radio services facilities are characterized by the type or location of the
antenna structure. There are five general types of such antenna structures: Wall mounted
antennas; roof mounted antennas; monopoles with antennas and antenna support structure
less than two (2) feet in width; monopoles with antennas and antenna support structures
greater than two (2) feet in width; and lattice towers. Standards for the installation of
each type of antenna are as follows:
1. Wall Mounted Antenna. The following, provisions apply to wall mounted
antennas:
a. Wall mounted antennas shall not extend above the wall line of the building or
extend more than four (4) feet horizontally from the face of the building.
b. Antennas, equipment and the supporting structures shall be painted to match
the color of the building or structure or the background against which they are
most commonly seen. Antennas and the supporting structures on buildings
should be architecturally compatible with the building. Whip antennas are not
allowed on a wall mounted antenna structure.
c. Antennas mounted directly on existing parapet walls, penthouses, or
mechanical equipment rooms, with no portion of the antenna extending above
the roof line of such structures, shall be considered a wall mounted antenna.
2. Roof Mounted Antenna. The following provisions apply to roof mounted
antennas:
a. Roof mounted antennas shall be allowed on the roof of existing buildings or
mechanical equipment rooms thereon, the antennas shall be mounted at least
five (5) feet from the exterior wall of a building. For antennas mounted
between five (5) and ten (10) feet from the exterior wall, the maximum height
of a roof mounted antenna is directly proportional to the distance the antenna
is set back from the exterior wall up to a maximum height of ten (10) feet
above the roof line of the building to which the antenna is attached. Antennas
shall be mounted at least five (5) feet behind a parapet wall. For antennas
mounted between five (5) and ten (10) feet behind a parapet wall, the
maximum height of the antenna is directly proportional to the distance the
antenna is set back from the wall up to a maximum of ten (10) feet as
measured from the top of the parapet wall. The maximum height of roof
mount antennas shall not exceed fifteen (15) feet above the roofline of the
building itself unless approved as a conditional use.
b. Roof mounted antennas are permitted only on a flat roof and shall be
screened, constructed and/or colored to match the structure to which they are
attached.
3. Monopole with Antennas and Antenna Support Structures Less than Two (2) Feet
in Width. The total antenna structure mounted on a monopole shall not exceed two
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(2) feet in width. The maximum height of such antenna shall not exceed ten (10)
feet in height. No such antenna shall be located within two hundred (200) feet of
an existing residence.
4. Monopole with Antennas and Antenna Support Structure Greater than Two (2)
Feet in Width. The maximum visible dimensions of antennas and antenna
mounting structures shall not exceed the dimensions of existing structures as
viewed looking directly at the monopole at the same elevation as the antennas and
antenna mounting structure. No such monopole shall be located within two
hundred (200) feet of an existing residence nor within two hundred (200) feet of
State Route 191.
5. Lattice Tower. Lattice Towers are not permitted.
17.76.090. Height Limit.
The height limit of single user monopoles is sixty (60) feet. The height limit of multiple
user monopoles is one -hundred (100) feet. Each pole location requires a separate
conditional use permit.
17.76.100 Facility Lighting.
All monopole, antenna, tower, or support facility lighting not required by the FAA or
FCC is prohibited. When obstruction lighting is required by the FAA or FCC, such
lighting shall not exceed the minimum requirements of said agencies. Medium intensity
flashing white obstruction lights shall be used during daylight hours and steady -burning
red obstruction lights shall be used at night, unless minimum requirements of the FAA or
FCC differ from these requirements. Upward lighting, flood lights or other lighting not
strictly required by the FAA or FCC is prohibited.
17.76.110 Co -location.
For those applicants desiring to co -locate upon an existing pole, they may do so as a
conditional use, provided that the initial installation received a conditional use permit.
The new facility shall comply with all other provisions relating to site development,
landscaping, security etc. as provided herein and in the conditional use permit for the
initial installation.
17.76.120 Location, Setbacks, and Installation Requirements.
A. Monopoles with antennas and antenna support structure less than two (2) feet in
width and monopoles with antennas and antenna support structure greater than two (2)
feet in width, shall be allowed only in the rear yard area of any building or structure.
These structures shall not be located in a required landscaped area, buffer area or required
parking area.
B. The City Council may reduce the required setback from a residential zone if
practical difficulties are demonstrated by the applicant (i.e. city park location, public
buildings etc.) or upon detailed demonstration by the applicant that the proposed facility
can be effectively screened from the view of nearby sensitive land uses, provided that no
pole may be permitted closer than one and one half (1 1/2) times the height of the pole to
any property line.
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C. All antenna locations shall provide assurance that the installation complies with all
applicable standards and regulations, including, but not limited to Uniform Building
Code, National Electric Codes, Federal Communication Commission transmitter
regulations, Federal Aviation Administration regulations, and Environmental Protection
Agency regulations, as well as all other City ordinances. No communication facility shall
encroach upon or block vehicular or pedestrian access at any time. Climbing pegs or
access ladders shall be removed from the lower twenty feet regardless of location.
Antennas shall be mounted with such standards that the structure can easily withstand
wind force up to eighty miles per hour.
17.76.130 Area Limitations for Wall and Roof -mounted Antennas.
A combination of both roof and wall mounted antennas are allowed on a building. The
total area for all wall and roof mounted antennas and supporting structures combined
shall not exceed forty (40) square feet for each exterior wall of the building or a total of
160 square feet per building per carrier. A maximum of four (4) walls shall be occupied
by cellular antennas. The total area is the sum of the area of each individual antenna face
and the visible portion of the supporting structure as viewed when looking directly at the
face of the building. The total area for a roof mounted antenna shall apply to the closest
exterior wall. Up to three (3) carriers may utilize each building side for a maximum of
four (4) sides. Each carrier must obtain a separate conditional use permit, unless the
antenna is co -located on another installation. In no event will wall -mount antennas be
allowed on the facade of buildings facing, or parallel to, public streets or highways.
17.76.140 Accessory Buildings to Antenna Structures.
Accessory buildings to antenna structures must comply with the required setback, height
and landscaping requirements of the zoning district in which they are located.
Monopoles shall be fenced with a six (6) foot vinyl coated chain -link fence or other
appropriate screening fencing as approved or required by the Planning Commission.
There shall be no climbing pegs located on the lower twenty (20) feet of the monopole.
All power lines on the lot leading to the accessory building(s) and antenna structure shall
be buried.
17.76.150 Business License Requirement.
Each separate pole or tower, and each separate antenna assembly on a given pole or tower
shall be considered as a separate use, and an annual business license and payment of the
applicable fee shall be required for each such facility.
17.76.160 Antennas and Mounting Structures On or Over Public Rights -of -Way.
Antennas and mounting structures are not permitted to encroach on or over public
sidewalks or on or over any public right-of-way.
17.76.170 Non -Maintained or Abandoned Facilities.
A. The City shall require each low power radio services antenna to be immediately
removed from the building or premise, at the permittee's expense, when such an antenna
has been:
1. abandoned or has not been put to use for a period of not less than ninety (90) days;
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2. damaged and left unrepaired for a period of not less than thirty (30) days.
3. subject to a business license or conditional use permit expiration or revocation.
4. determined by the City to constitute a nuisance or an imminent safety hazard to
neighboring properties or the general public.
B. Notice shall be delivered in writing to the permittee, the owner of the structure or
property, or the person having control of the site. A reasonable extension of time may be
granted upon proof to the City Council of good cause.
17.76.180. Conditional Use Permit Term, Enforcement.
A. Each conditional use permit authorized by this chapter shall be valid for one year,
and shall be automatically renewable for successive annual terms where the permittee is
in compliance with all provisions of this chapter, the conditional use permit, the
Municipal Code, and all other applicable laws and regulations. City staff may review
each license annually to determine compliance.
B. Failure to comply with any of the requirements of this section, the terms of the
conditional use permit, any false, misleading, or materially erroneous statement contained
in any application, or any violation of applicable ordinance of this City, or any state or
federal law or regulation, constitutes grounds to revoke the business license and
conditional use permit of the facility.
C. The City shall provide written notice and an opportunity to cure any violation
prior to revocation. Any permittee objecting to revocation may request a hearing before
the City Council prior to final action, which request must be submitted in writing no later
than ten days from the notice of violation.
D. No person shall construct, alter, operate, or improve any facility subject to this
chapter following revocation of permits required herein. Persons violating the provisions
of this chapter are subject to a civil action to enjoin or abate the violation. In any such
action proof of a violation shall be deemed sufficient to obtain injunctive relief. In any
civil action the violator shall be subject to civil penalties of not less than $1,000.00 per
violation, together with liability for the City's reasonable attorney fees and court costs.
1. Alternately, any violation of this chapter may be punishable as a Class C
Misdemeanor, as defined by Utah law.
E. The grant or approval of a business license or conditional use permit shall not
confer any vested rights where such license or permit is issued, either wholly or in part,
as a result of any erroneous, false, or fraudulent statement in application materials, or the
permit is issued in violation of any provision of this Chapter or the Municipal Code. The
City Council may cancel or revoke a conditional use permit or business license issued
erroneously or in violation of law, upon reasonable notice to the applicant.
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This ordinance shall take effect immediately upon passage.
Signed and dated this 25th day of July, 2000.
ATTEST:
Rachel Ellison, City Recorder M. or Karla Hancock
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