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.
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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.
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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;
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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;
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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.
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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.
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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
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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.
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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
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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
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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