Loading...
HomeMy Public PortalAboutORD-CC-2001-04ORDINANCE 2001-04 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 Purpose In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Council finds these regulations are necessary in order to: A. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City; B. Minimize adverse visual effects of towers through careful design and siting standards; C. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. 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 trellis structure. C. Lattice Tower With Antennas or Antenna Support Structures. A self- supporting trellis structure on which antenna or antennas are attached. 1 Regulations for antenna height and width of antenna support structures is the same as that for monopoles. D. 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. E. Monopole. Is a single self-supporting cylindrical metal or wooden pole type structure. F. Monopole with Antennas and Antenna Support Structure Greater than two (2) Feet in Width. A self-supporting, single pole tower on which antennas or antenna support structures exceeding four (4) feet in width are placed. The antennas and antenna support structures may not exceed fifteen (15) feet in width or eight (15) feet in height. Antennas of greater height may be approved by the City Council to facilitate co -location. 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 four (4) feet in width are placed. Antennas and antenna support structures may not exceed fifteen (15) feet in height. Antennas of greater height may be approved by the City Council to facilitate co -location. H. Roof Mounted Antenna. An antenna or antennas mounted on a roof, mechanical room or penthouse of a building. I. Wall Mounted Antenna. An antenna or 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 omni-directional and vary in size depending upon the frequency for which they are designed. K. Guyed Tower. Is a structure using cables or wire as an integral or essential part of the tower support design. 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. 2 17.76.040. Co -Location Requirement. All commercial telecommunication towers erected, constructed or located within Moab City shall comply with the following requirements: A. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment for the proposed tower cannot be accommodated on existing or approved tower or building within the City or within Grand County due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed engineer, and the existing tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost; 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the City or Grand County cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. 4. Other unforeseen reasons that make it not feasible to locate the planned telecommunications equipment upon existing or approved tower or building. B. Any proposed commercial wireless telecommunication service tower shall be designed, structurally and electronically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over sixty feet in height. 17.76.50 Conditional Use Permit Required: Application/Approval Procedure. A. A conditional use permit issued under the procedures and subject to the criteria of this Chapter is required for the construction, erection or placement of all wireless telecommunications towers within the jurisdiction of Moab City. B. Wireless telecommunications facilities shall only be allowed, pursuant to the terms of a conditional use permit, in areas zoned I-1, C-4, or 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 report from a qualified and licensed engineer showing that the existing towers in the City or County can not be used to site proposed antenna or antennas as required by Section 17.76.40; 3 2. Proof of ownership, a valid lease or written authorization from the landowner where the proposed facility is to be located. 3. A detailed sketch plan showing the area to be served by the telecommunication facility 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, and the like; the location of buildings, houses and structures on adjacent properties; and significant topographical features such as ridges, washes, outcrops, and the like; 4. Detailed plans and specifications describing the specific type of tower, antenna(s) and antenna support structures, the materials to be used, and all necessary support equipment; 5. A copy of the applicant's license or similar certificate of authority issued by the Federal Communications Commission; 6. A description, plot plan, and photo imaging, stealth representation, or visual characterization showing proposed structure on existing terrain as well as any buffering, screening, landscaping, coloring of structure or other similar techniques that might be used to mitigate adverse impacts of the facility; 7. A certification by a qualified and 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 8. Additional information as may be deemed necessary by the City Staff, the Planning Commission, or the City Council. D. Review Procedure. The application shall first be reviewed by the Planning Office for completeness and comments, and then submitted to the Planning Commission at their next regularly scheduled meeting, provided all materials are submitted no later than ten days prior to the hearing. The Planning Commission shall review the application and may recommend approval, rejection or approval 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. E. Notice of Decision. The City Planning Office shall within ten (10) days of the final action by the City Council provide the applicant a written notice of 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. 17.76.060 Design Review Criteria. A. All applications shall be reviewed based upon the following criteria: 1. Need for proposed telecommunication facility as outlined in Section 17.76.040; 4 2. Compatibility of the proposed structure with the height and mass of existing buildings and terrain, and to how well the proposed facility blends into the overall surrounding environment; 3. The visual and aesthetic impact of the installation upon the community, and the extent to which terrain, landscaping, vegetation, coloring or buildings screen or camouflage the proposed installation; 4. Availability of necessary utilities and the existence of other similar telecommunications facilities on the proposed site; 5. Compliance of the application with all applicable provisions of this Chapter and all other provisions of the Municipal Code; 6. The existence of geological or other safety hazards; 7. Off -site impacts of the installation, including the need to construct roads or other facilities. 17.76.070 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 with antennas and antenna support structures. 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. Wa11 mounted antennas shall not extend higher than fifteen (15) feet 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. c. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms and extending no higher than fifteen (15) feet above the roofline 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 but shall not extend more than fifteen (15) feet above the roofline of the building itself unless approved by the City Council. b. Roof mounted antennas permitted on a roof shall be camouflaged or colored to match the building or structure to which they are attached. 5 3. Monopole with Antennas and Antenna Support Structures Less than Two (2) Feet in Width shall be colored and camouflaged to blend in with the surrounding structures or terrain. Monopoles shall not extend above ridgelines so as to be projected against the sky when such structures are viewed from State Highway 191 or from Spanish Valley Drive, unless conditionally permitted to do so by the City Council. . 4. Monopole with Antennas and Antenna Support Structure Greater than Two (2) Feet in Width shall be colored and camouflaged to blend into the surrounding structures or terrain. Monopoles and antennas shall not extend above ridgelines so as to be projected against the sky when viewed from State Highway 191 or from Spanish Valley Drive, unless conditionally permitted to do so by the City Council. 5. Lattice Tower Lattice Towers with Antennas and Antenna Support Structures shall be colored and camouflaged to blend into the surrounding structures or terrain. Towers and antennas shall not extend above ridgelines so as to be projected against the sky when viewed from State Highway 191 or from Spanish Valley Drive, unless conditionally permitted by the City Council. 6. Guyed Towers are not permitted. 17.76.080. Height Limit. The maximum height of all commercial wireless antennas and supporting towers shall not exceed the minimum that is technically necessary to serve the design purpose; provided, however: A. The maximum height of monopoles or lattice towers shall not exceed one hundred (100) feet; B. The tower shall not be in excess of a height equal to the distance from the base of antenna and tower to the nearest overhead electrical power line, less five feet; C. The City reserves the right to limit height of proposed tower and antennas as necessary to ensure compatibility with surrounding structures or terrain. 17.76.90 Facility Lighting. A. All monopole and lattice towers, antenna or antenna support structures where lighting is not required by the Federal Aviation Administration (FAA) or Federal Communications Commission (FCC), lighting is prohibited. B. Obstruction lighting required by the FAA or FCC shall not exceed the minimum requirements of those agencies. C. Medium intensity flashing white obstruction lights shall be used during daylight hours and steady -burning red obstruction lights shall be used at night, unless otherwise required by the FAA or FCC. D. All other lighting used on the property not regulated by the FAA or FCC shall conform to existing City Codes governing such lighting. 6 17.76.100 Co -Location or Replacement of Antenna or Antennas on Existing Towers or Structures Where Antennas are Already Present. A. Where an existing telecommunication structure or facility has been permitted under this ordinance the replacement or co -location of new antenna or antennas may be approved by the Planning Office, subject to: 1 Meeting all requirements of this ordinance as to height, width, and placement of antennas or antenna support structures; 2 Antenna or antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging, except where color is dictated by the FAA or FCC, or size of antenna is determined after Planning Office review to be non -intrusive. 3 A Structural Analysis report showing that the proposed antenna or antennas will not interfere with public safety communications or with other existing telecommunication services; 4 Issuance of necessary licenses. B. Where an existing telecommunication structure or facility has not been permitted under this ordinance but is a legally recognized, non -conforming structure or facility, replacement or co -location of antenna or antennas may be approved by the Planning Office subject to the following criteria: 1. The replaced or co -located antenna or antennas shall meet all the width, height, and placement criteria of this Chapter; 2. Antenna or antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging, except where color is dictated by FAA or FCC, or size of antenna is determined by the Planning Office after review to be non -intrusive. 3. A report from a qualified and licensed engineer showing that the existing structure can without structural modification or additions support the proposed antenna or antennas; 4. A Structural Analysis report showing that the proposed antenna or antennas will not interfere with public safety communications or with the services of other existing telecommunication services; 5. Necessary utilities and other similar support services are available on site. 6. Issuance of necessary licenses. 17.76.110 Tower Site Location Setback, and Installation Requirements. A. Monopoles or lattice towers with antennas and antenna support structure shall be allowed only in the rear yard area of any building or structure and shall not be located in any required landscaped area, buffer area or required parking area. B. No monopole or lattice tower shall be located closer than two hundred (200) feet of any residence or residential zone. The City Council may reduce the required setback from a residential zone if practical difficulties are demonstrated by the applicant or upon detailed demonstration by the applicant that the proposed 7 facility can be effectively screened from the view of nearby residences, provided that no pole may be permitted closer than one and one half (1 '/a) times the height of the pole to any property line. C. No communication facility shall encroach upon or block vehicular or pedestrian access at any time. D. Climbing pegs or access ladders shall be removed from the lower twenty (20) feet regardless of location. E. Antennas shall be mounted with such standards that the structure can easily withstand wind force up to eighty miles per hour. F. No monopole or lattice tower shall be constructed within two hundred (200) feet of State Highway 191 right of way. 17.76.120 Area Limitations for Wa11 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. Up to three (3) carriers may utilize each building side. In no event will wall -mount antennas be allowed on the facade of buildings facing, or parallel to, public streets or highways. 17.76.130 Accessory Buildings. A. Accessory buildings constructed or moved on to support antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. B. Monopoles shall be fenced with a six (6) foot vinyl coated chain -link fence or other appropriate screening fence as approved or required by the Planning Commission. C. All power lines on the lot leading to the accessory building(s) and antenna structure shall be buried. 17.76.140 Business License Requirement. Each separate monopole or lattice 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 facility. 8 17.76.150 Antenna Support Structures On or Over Public Rights -of -Ways. Antennas and mounting structures are not permitted to encroach on or over public sidewalks or on or over any public right-of-way. 17.76.160 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; 2. Damaged and left un-repaired for a period of not less than thirty (30) days. 3. Subject to a business license expiration or conditional use permit 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. 17.76.170. Conditional Use Permit: Terms And Enforcement. A. 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. B. 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 (10) days from the notice of violation. C. 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. D. 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 9 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. This ordinance shall take effect immediately upon passage. Signed and dated this 27th day of March, 2001 ATTEST: Rachel Ellison, City Recorder 4zegoez,,_c__ ayor Karla Hancock 10 ORDINANCE #2001-04 AN ORDINANCE REGARDING THE PERMITTING OF WIRELESS TELECOMMUNICATIONS FACILITIES Ordinance #2001-04 was adopted at a Regular City Council Meeting held on March 27, 2001 at the Moab City Council Chambers, 115 W. 200 So. Moab, Utah 84532. Complete copies of Ordinance #2001-04 are available at the City of Moab Recorder's Office at 115 W. 200 So. Moab, Utah 84532 /s/ Rachel Ellison, City Recorder Published in the Times Independent on April 12, 2001