HomeMy Public PortalAboutOrd 564 Amend Chap 17 Art 10 of City Code Wireless Telecommunications Facilities(First published in The Ark Valley News on March 19, 2015.)
ORDINANCE NO: 564
AN ORDINANCE CONCERNING THE AMENDMENT OF CHAPTER
17, ARTICLE 10, OF THE CITY CODE OF BEL AIRE, KANSAS, IN
CONNECTION WITH ADOPTION OF WIRELESS
TELECOMMUNICATIONS FACILITIES SITING REGULATTONS,
ALL WITHIN THE CITY OF BEL AIRE, SEDGWICK COUNTY,
KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL
AIRE, KANSAS:
SECTION 1:
known as the Wireless Telecommunications
Section 17.10.f PURPOSE. The purpose of this article is to regulate the placement,
construction and modification of commercial wireless telecommunications
facilities and antenna support structures in order to protect the health, safety and
welfare of the public, while at the same time not unreasonably interfering with the
development of the competitive wireless telecommunications marketplace in the
City in compliance with the Telecommunications Act of 1996, Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. No. 112-96 $ 6409(b), (c), 126 Stat.
156 (2012) (Spectrum Act), Section 332(c)(7 ) of the Communications Act and the
Federal Communication Commission's 2009 Declaratory Ruling, FCC Ruling 14-
153, adopted October 17,2014 and released October 21,2014, and any other
applicable laws.
Section 17.10.2 OBJECTIVES. The objectives of this article are the following:
Il.To regulate the placement, construction and modification of wireless
telecommunications facilities in the City;
To regulate the location of wireless communication facilities in areas and on
sites where the adverse impact is minimal;
To minimize the potential adverse visual impact of wireless
telecommunications facilities through careful design, siting, landscaping and
innovative camoufl aging techniques ;
To ensure that wireless telecommunications facilities are compatible with
surrounding land uses;
To promote and encourage shared use/co-location of wireless
telecommunications facilities and antenna support structures as the primary
option for personal wireless telecommunications services instead of the
construction of additional single-provider towers;
To avoid potential damage to propefty caused by wireless telecommunications
facilities by ensuring that such structures are soundly and carefully designed,
2.
3.
4.
5.
6.
constructed, modified, maintained and removed when no longer used or when
determined to be structurally unsound;
To encourage the safe, effective and efficient provision of personal wireless
telecommunication services to the community;
To ensure that the regulation of personal wireless telecommunication services
does not prohibit or have the effect of prohibiting the provision of such services;
and,
To ensure that that the regulation of personal wireless telecommunication
services does not unreasonably discriminate among functionally equivalent
providers of such services.
Section 17.10.3 DEFINITIONS. For the purpose of this article, certain terms or
words used herein shall be interpreted as follows:
Abandonment. A failure to (a) to start operations within one hundred eighty
( 180) days of completion of the structure, or (b) to cease operation for a period
of one hundred eighty ( 180) or more consecutive days.
Act. The Communications Act of 1934,47 U.S.C. $$ 151 et seq., as amended,
including the amendment known as the Telecommunications Act of 1996, and
all future amendments.
Antenna. Any structure or device used to transmit or receive electromagnetic or
optical signals for television, radio, digital, microwave, cellular, telephone,
personal communication system (PCS) or similar forms of wireless
telecommunication.
4. Antenna Support Structure. Any building or structure other than a tower or
stealth monopole that can be used for the location of telecommunications
facilities.
5. Applicant. Any person who applies for a administrative approval or special use
permit or a building permit.
Array. A set of antennas for one (1) carrier or service that are placed on a
structure at a given height and spaced so as to avoid interference.
Base Station. A station at a specified site that enables wireless communication
between user equipment and a communications network, including any
associated equipment such as, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable, and regular and backup power supply. Base station
includes structures other than towers that support or house an antenna,
transceiver, or other associated equipment that constitutes part of a "base
station" at the time the relevant application is filed with State or municipal
authorities, even if the structure was not built for the sole or primary purpose of
providing such support, but does not include structures that do not at that time
support or house base station components
1.
8.
9.
l.
)
3.
6.
7.
8. Camouflage. A wireless communication facility that is disguised, hidden, or
integrated with an existing structure as an architecturally compatible element or
a wireless communication facility that is placed within an existing or proposed
structure so as to be effectively hidden from view. This is a form of stealth
design.
9. City. The City of Bel Aire, Kansas.
Co-location. Locating wireless telecommunication facilities owned by more
than one provider on/in a single antenna support structure, tower or stealth
monopole structure. Co-location includes equipment associated with the
antennas (such as wiring, cabling, cabinets, and backup-power).
Distributed antenna system (DAS) orks. DAS is a small-cell transmission
system which uses components that are a fraction of the size of macrocell
deployments, and can be installed on utility poles, buildings, and other existing
structures.
Engineer. Any qualified, Iicensed engineer who specializes in either electrical
or microwave engineering, especially the study of micro-frequencies; and/or,
who specializes in structural integrity and determining whether a tower or
antenna support structure has the capacity to accommodate more than one
provider.
Equipment enclosures. A structure, shelter, cabinet, or vault used to house and
protect the electronic equipment necessary for processing wireless
communication signals and associated equipment. Associated equipment may
include air conditioning, back power supplies and emergency generators.
Existing tower. Any tower in existence at the time of application for an
administrative permit or special use permit.
15. FAA: The Federal Aviation Administration.
Fall Zone. The area on the ground within a prescribed radius, beginning from
the base of a telecom structure or an antenna support structure within which
there is a potential hazard from falling debris or collapsing material.
FCC: The Federal Communications Commission.
18. Guyed Tower. A type of tower that is supported, in whole or in parr, by guy
wires anchored to any surface.
19. Height. The vertical distance above grade to the highest point of the antenna
support structure, including the lightning rod and antenna.
10.
11.
12.
14.
16.
17.
13.
1)
20. Landowner. Any person with fee title to a parcel of land within the City.
21. Lattice Tower. A self-supporting structure, erected on any surface, which
consists of an open network of metal crossed strips or bars to support antennas
and related equipment
Modification. Any physical change to any element of a telecommunications
structure or pre-existing structure.
Mount. The structure or surface upon which wireless communication facilities
are mounted. There are three (3) types of mounts: (i) Building mounted--a
wireless communication facility affixed to the roof or side of a building, (ii)
Ground mounted--a wireless communication facility fixed to the ground such
as a tower, and (iii) Structure mounted--a wireless communication facility fixed
to a structure other than a building, such as light standards, utility poles, and
bridges.
Monopole. A monopole structure, erected on any surface, which supports
antennas and any connecting appurtenances.
23.
24.
25.Municipal Facilities. An antenna support
including, but not limited to, water towers,
buildings and structures.
structure owned by the City,
fire stations and other similar
26. Opgrator. An individual, partnership, association, joint-stock company, trust,
or corporation engaged in control and maintenance of all instrumentalities,
facilities and apparatus incidental to wireless telecommunication transmission,
including but not limited to, a tower, antennae, associated buildings, cabinets
and equipment. For the purposes of this article, an "operator" may or may not
hold a lease, license or title on or for the site on which a tower is located.
27. Owner. Any person who develops, constructs, builds, modifies, erects or owns
a telecommunications structure upon a parcel of land.
28. Person. Any individual person, firm, partnership, association, corporation,
company or other legal entity, private or public, whether for profit or not for
profit.
29. Personal Wireless Telecommunications Services. Any personal wireless service
as defined in the Act, including FCC-licensed commercial wireless
telecommunications services such as cellular, personal communications
services, specialized mobile radio, enhanced specialized mobile radio, paging
and unlicensed wireless services and common carrier wireless exchanse access
services.
30. Pre-Existing Structure. Any telecommunications structure that existed prior to
the effective date of this article or any telecommunications structure that exists
outside the City limits either before or after the effective date of this article and
is annexed into the City limits.
31. Provider. An entity licensed by the FCC or a state agency to transmit or receive
electromagnetic or optical signals for television, radio, digital, microwave,
cellular, telephone, personal communication system (PCS) or similar forms of
wireless telecommunication. A tower builder is not a provider.
32. Public Right-of-way. The area of real properry in which the city has a
dedicated or acquired right-of-way interest in the real property. It shall include
the area on, below or above the present and future streets, alleys, avenues, roads,
highways, parkways or boulevards dedicated or acquired as right-of-way. The
term does not include utility easements.
33. Screeninq. Materials that effectively hide personal wireless facilities from view,
or landscaping in accordance with the requirements of the Zoning Ordinance.
34. Security Barrier. A wall, fence, or berm that has the purpose of sealing a
wireless communication facility from unauthorized entry or trespass.
Stealth. A method of designing, constructing, and/or locating any
telecommunications structure to blend in with the character and environment of
the area in which it is located, and to enhance compatibility with nearby land
uses and the area by minimizing visual impacts, incorporating the design
principles.
Stealth Monopole. Any freestanding, monopole structure, 50 feet or less in total
height, as measured from the ground, which incorporates stealth design
principles, including but not limited to, camouflaging the structure as a tree,
flagpole or light pole.
37. Substantial change. a modification "substantially changes" the physical
dimensions of a tower or base station, as measured from the dimensions of the
tower or base station inclusive of any modifications approved prior to the
passage of the Spectrum Act, if it meets any of the following criteria:o for towers outside of public rights-of-way, it increases the height by more
than 20 feet or l)Vo, whichever is greater; for those towers in the rights-of-
way and for all base stations, it increases the height of the tower or base
station by more than l)Vo or l0 feet, whichever is greater;
o for towers outside of public rights-of-way, it protrudes from the edge of the
tower more than twenty feet, or more than the width of the tower structure
at the level of the appufienance, whichever is greater; for those towers in
the rights-of-way and for all base stations, it protrudes from the edge of the
structure more than six feet;
35.
36.
39.
o it involves installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets;
o it entails any excavation or deployment outside the current site of the tower
or base station;
o it would defeat the existins concealment elements of the tower or base
station; or
o it does not comply with conditions associated with the prior approval of the
tower or base station unless the non-compliance is due to an increase in
height, increase in width, addition of cabinets, or new excavation that does
not exceed the corresponding "substantial change" thresholds.
Support structure. A ground-mounted self-supporting vertical structure used to
elevate or cirrry lines, cables, wires, or antennas for telecommunications, cable
television, electricity or other utility services, or to provide lighting.
Any tower, stealth monopole or
telecommunications facilities.
Any cables, wires, lines, wave guides, antennas
and any other equipment or facilities, including buildings, shelters or cabinets
that house telecommunications providers' equipment, associated with the
transmission or reception of communications that a person seeks to locate or
has installed upon or near a commercial tower or antenna support structure.
Tower. A self-supporting lattice, guyed or monopole structure that supports
telecommunications facilities for the purpose of providing personal wireless
telecommunications services, including any structure built for the sole or
primary purpose of supporting any FCC-licensed or authorized antennas and
their associated facilities. The term tower shall not include stealth monopoles,
as defined herein, or amateur radio operators' equipment, as licensed by the
FCC.
Transmission equipment. Antennas and other equipment associated with and
necessary to the operation of a telecommunication facility, including power
supply cables and backup power equipment
Unlicensed wireless services. Commercial mobile services that operate on
public frequencies and do not need a FCC license.
Wireless communication service and wireless communication facilities as used
in the chapter shall be defined in the same manner as the Title 47, United States
Code, Section 332 (c)(1)(C), as may be amended now or in the future and
includes facilities for the transmission and reception of radio microwave signals
used for communication, cellular phone, personal communication services,
enhanced specialized mobile radio, and any other wireless services licensed by
the FCC and unlicensed wireless services.
41.
Section 17,10.4 APPLICABILITY
All wireless telecommunications facilities and antenna support structures,
and any portion of which are located within the city shall be subject to this
article, except as follows:
Amateur radio operators. This article shall not apply to any short-
wave radio tower that is owned and operated by a federally licensed
amateur radio station.
Residential Antennas. This article shall not apply to accessory
antennas attached to residential structures whose purpose is
receiving television, radio, microwave, telephone, digital data or
similar forms of wireless information transmission for the sole use
of the occupants. A provider shall comply with this article to utilizea residential structure as an antenna support structure for its
network, and shall obtain the appropriate permits as required.
Utility poles. This article shall not apply to utility poles, which are
utilized solely for the support of electrical, telephone, cable
television or similar cables and wires, located on public rights-of-
ways or easements for that purpose, and are part of a system of such
poles throughout the City.
Broadcast systems and facilities. This article shall not apply to
towers or telecommunications facilities utilized for the transmissionof signals that do not constitute personal wireless
telecommunications services.
ZONING REQUIREMENTS
Towers: A tower, and any related telecommunication facilities, shall only
be permitted by administrative approval or special use permit, whichever is
applicable, in all zoning districts. No person shall erect a tower upon any
parcel of land unless:
a. An application for administrative approval is made, and approved,
in accordance with this article; orb. An application for special use permit is made, and approved, by the
Governing Body.
Stealth Monopoles. stealth monopoles and any related telecommunication
facilities shall only be permitted by administrative approval or special use
permit in all zoning districts. No person shall erect a tower upon any
industrial parcel of land unless:
l.
b
d.
Section U.10.5
1.
2.
a. An application for administrative approval is made, and approved,
in accordance with this articlel or
b. An application for special use permit is made, and approved, by the
Governing Body.
Section 17.10.6 PERMITS
1. Permit Required: No person shall locate an antenna or tower for wireless
communication purposes or substantially change an existing wireless
communication facility upon any lot or parcel within the City except as
provided in this article.
2. Application Requirements for Administrative Approval or Special Use
Permits: Each application for a permit shall conform to the requirements of
this article. If a determination is made to request a Special Use Permit to
originally site or modify an existing site, the provisions of Article 8 of the
Zoning Regulations regarding special uses shall be followed, and the
following shall be provided:
a. The name, address and telephone number of the landowner of any
parcel of land or antenna support structure upon which the
telecommunications structure will be situated. If the applicant is not
the landowner, the applicant shall submit his or her name, address
and telephone number. The landowner, owner and applicant shall
sign the application.
b, The legal description and street address of the parcel of land, or
antenna support structure, upon which the proposed
telecommunications structure will be situated.
c. Elevation plans drawn to scale of all proposed wireless
telecommunications facilities; an accurately scaled site plan showing
existing buildings, proposed wireless telecommunications facilities
and proposed landscaping and screening; and a written description of
all proposed wireless telecommunications facilities and proposed
quantities, types and sizes of landscaping materials.d. Photographs of the site in its current condition, and accurately
proportioned photo-realistic representations of the site showing the
telecommunications structure in place with proposed landscaping and
screening.
e. If the applicant is not the landowner, the landowner shall provide an
affidavit indicating consent to develop upon the landowner's
property. The landowner shall sign an agreement with the City that
states if abandonment occurs, the landowner shall be responsible for
the removal of the proposed telecom structure if the owner fails to
remove it. (See also Section 17.10.17 Abandonment) The
landowner shall file the agreement with the Resister of Deeds as a
h.
condition of approval of any permit for any telecommunications
structure, and shall provide a copy of the filed agreement to the City
prior to approval of the permit for the telecommunications structure.
The agreement shall refer to the life mentioned in Section l7.l0.lj
- Abandonment.
An affidavit from the manufacturer or engineer describing the
maximum capacity of the telecommunications structure for co-
location, including the number and type of providers it can
accommodate, with consideration of radio frequency interference,
mass, height and other characteristics, as well as options to overcome
any problems those considerations may pose to service delivery. The
affidavit shall certify that the telecommunications structure has been
designed and will be constructed to support the specified number of
providers.
For a stealth monopole or tower application, certification from the
engineer of the structure's manufacturer that the structure is designed
and shall be constructed to ensure that a structural failure or collapse
will not create a safety hazard to adjoining properties and that the
structure will collapse on itself within the fall zone designated by the
manufacturer.
Written statements from the applicant or engineer that indicate the
following:
( I ) A map showing the location of the proposed
telecommunications structure and its service area; the
location of the providers' other existing wireless
telecommunications facilities in the arca; applicable
propagation models, search ring maps and other relevant
documentation.
(2) The minimum height required to serve the proposed service
area.(3) An explanation why the proposed site is required to meet
service demands and how it would interact with the providers'
other existing wireless telecommunications facilities in the
servlce a_rea.
(4) Proposed stealth measures designed to minimize potentially
adverse visual effects on nearby properties, with
consideration of design, unobtrusiveness, minimum height
necessary to accommodate antennae, avoidance of artificial
light and the color of the telecommunications structure.(5) A description of the fall zone of the telecommunications
structure, including the impact of any additional dimensions
associated with an increase to the tower or base structure not
deemed to be a substantial change under FCC Ruling 14-153.(6) The distance between the proposed telecommunications
structure and the nearest residential dwelling unit and
residentially zoned properties including any additional
I.
dimensions associated with an increase to the tower or base
structure not deemed to be a substantial change under FCC
Ruling 14-153.
(7) A description of the security barrier, including the impact of
any additional dimensions associated with an increase to the
tower or base structure not deemed to be a substantial change
under FCC Ruling 14-153, if any, surrounding the base of the
telecommunications structure, including the method of
fencing, finished color and, if applicable, the method of
camoufl age and illumination.
Applicants shall be required to submit information on the proposed
power density of their proposed telecommunications structure and
demonstrate compliance with FCC standards regulating radio
frequency (RF) emissions. This information is used solely for public
information, as the FCC has the sole jurisdiction to regulate RF
emissions. The City will not condition or deny an application because
of potential RF impacts.
When applicable, documentation that the proposed tower or stealth
monopole meets FAA requirements.
Any other information requested by the City that is reasonably
necessary for the City to fully evaluate the application including
information associated with any potential additional dimensions
associated with an increase to the tower or base structure not deemed
to be a substantial change under FCC Ruling 14-153.
An engineer shall provide the following written technical evidence:
(1) Evidence that existing wireless telecommunications facilities
and antenna support structures within the proposed service
area of the proposed telecommunications structure site are not
capable of co-location to provide reasonable service to the
proposed service area, due to height, capacity, structural
strength or interference with other electromagneticlradio
frequencies, including, but not limited to, public safety
communications, radio and television signals.(2) Evidence that the proposed telecommunications structure
meets the standards set fonh in "Structural Requirements."(3) Evidence that the proposed site of the telecommunications
structure, including any additional dimensions associated
with a possible increase to the tower or base structure not
deemed to be a substantial change under FCC Ruling 14-153,
does not pose a risk of explosion, fire or other danger to life
or property due to its proximity to volatile, flammable,
J
k.
I
explosive or hazardous materials such as LP gas, propane,
gasoline, natural gas or corrosive or other hazardous
chemicals.
m.The applicant shall provide an affidavit, attesting to the following:
That the applicant made diligent efforts to install or co-locate
on existing wireless telecommunications facilities or antenna
support structures within the proposed service area.
That the fees, cost or contractual provisions required by the
owner(s) of other wireless telecommunications facilities or
antenna support structures within the proposed service area
are unreasonable.
That other limiting factors render the use of other wireless
telecommunications facilities and antenna support structures
within the proposed service area, unsuitable.
For towers, the applicant shall provide evidence that indicates why
the use of alternative types of wireless telecommunications facilities,
such as stealth monopoles or telecommunications facilities mounted
on antenna support structures or municipal facilities, is insufficient
or inadequate to meet the providers' service area needs.
PERMIT PROCESS
(1)
(2)
(3)
n.
Section 17.10.7
Except as otherwise provided within this article for siting of telecommunication
facilities within right of ways, the following permit process shall be applicable within the
City.
l. Administrative approval or Special Use Permit. The Administrator, and./or the
Planning Commission and Governing Body shall consider an administrative
approval or special use permit application, as applicable, subject to the
requirements set forth within this article, and shall also take into account the
followins additional standards:
Whether substantial evidence exists to demonstrate that existing or
approved wireless telecommunications facilities or antenna support
structures are unsuitable for co-location or to serve the proposed
service area.
Whether the proposed telecommunications structure(s) has
incorporated a reasonable level of stealth design to minimize the
visual impact of the telecommunications structure(s), given the type
of telecommunications structure and the character of the area in
which the structure(s) is proposed to be located.
b.
Administrative Approval Process. within ten (10) business days of
receiving a complete application, the zoning administrator shall approve,
approve with conditions, or deny the request for an administrative permit,
or shall refer the application to the planning commission for a public
hearing.
a. The zoning administrator may issue an administrative permit
for the installation, structural modification, or change in height,
dimension, or number of antenna of a wireless communication
facility if:
(l) The proposed wireless communication facility satisfies the
performance standa_rds and other requirements of this article; and
(2) If the antenna component of the wireless communication
facility will be installed or exists in a residential or commercial
district, it will be attached to:i. An existing suppoft structure; orii. A replacement or extension of an existing support
structure, if the height of the replaced or extended support
structure does not exceed the height of the original support
structure by more than ten (I}Vo) percent or more than ten
(10) feet, whichever is greater. In addition, the diameter of
the replaced or extended support structure shall not add an
appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six (6) feet; oriii. Installation of ground cabinets that are not more than
l}Vo larger in height or overall volume than any other ground
cabinets associated with the structure (NOTE: A request for
installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the
structure shall require a special use hearing).
(3) Written Findings Required. Any decision to deny an
Administrative approval or Special Use Permit, under this section
shall be made in writing and shall state the specific reasons for
the denial. Any denial by the Governing Body shall be deemed a
final administrative decision, subject to judicial review and
appeal. In the event that a permit application is denied by the
Governing Body, no new request for the same or substantially
similar permit shall be accepted or processed within six (6)
months after denial of that application.
(4) The Applicant may appeal any determination of the zoning
administrator to the Planning Commission by converting the
application to a request for a special use permit. The applicant
may, by written notice to the zoning administrator, convert the
request for an administrative permit to a request for a special use
permit at no additional cost. Additionally, an applicant may, in
lieu of and without first seeking an administrative permit
hereunder, initially request a special use permit for a proposed
wireless communication facilitv.
(5) Protests. The notification and protesl area for permit
applications shall be two hundred (200) feet from the property
boundary of the proposed tower site. The protest procedure shall
be as provided in K.S.A. 12-708 and Article 5 of the Bel Aire
Zoning Code.
3. Special use permit.
a.Hearing. For any application to install, structurally modify, or
change in height, dimension, or number of antenna a wireless
communication facility that does not meet the criteria for an
administrative permit, or for any application to install a new support
structure in a residential district or commercial district, the planning
commission may issue a special use permit after holding a public
hearing in accordance with the procedures established in the Bel
AheZoning Code.
Standards for evaluation of special use permit applications. The
planning commission may approve, or approve with conditions an
application for a special use permit in any zoning district after
review and consideration of all of the following:
(1) Conformity with the city's comprehensive plan;
(2) Compatibility with abutting property and surrounding land
USCS;
(3) Adverse impacts such as visual, environmental, or safety
lmpacts;
(4) Color and finish of the proposed facilities;
(5) Screening potential of existing vegetation, structures and
topographic features;
(6) Potential for adequate screening ofproposed facilities;
(7) Scale of facilities in relation to surrounding land uses;
(8) Impact on entry corridors into the city;
(9) Impact on landmark structures, historically or architecturally
significant structures or districts, or environmentally sensitive
areas;
(10) Impact upon established easements;
(1 1) History of land use of property, including but not limited to:
existing nuisance code violations, failure of property owner
to abide by nuisance, health and safety, building or zoning
codes, failure ofproperty owner to enforce codes upon
subject property when property occupied by a tenant, and
documentation that property is currently subject to
abandonment or foreclosure action:
b.
(12) Property owner entering into abandonment agreement,
which will be filed with the register of deeds and run with the
property.
Denial of special use permit. Any decision by the planning
commission to deny a special use permit under this section shall be
made in writing and shall state the specific reasons for the
denial. Any denial by the planning commission may be appealed to
the Governing Body. Any denial by the Governing Body shall be
deemed a final administrative decision, subject to judicial appeal
and judicial review. In the event that a special use permit application
is denied by the planning commission or Governing Body, no new
request for the same or substantially similar administrative or
special use permit shall be accepted or processed within six (6)
months after denial of that application.
Protests. The notification and protest area for special use permit
applications shall be two hundred (200) feet from the proposed
boundary areas of the site(s) of the wireless communication
facilities. If a special use permit is approved by the planning
commission, affected property owners shall have the same right to
present a protest petition to the Governing Body and appeal that
decision as property owners as provided for in rezoning cases.
Section 17.10.8 SITING AND PLACEMENT WITHIN THE PUBLIC RIGHT-OF-
WAY
l. Purpose and objectives. The purpose of this section is to establish
requirements for the siting and placement of wireless communication
facilities, including support equipment and support structure(s) (as defined
herein) to such wireless communication facility, within the public right-of-
way in a manner consistent with state and federal law, while ensuring the
public health, safety, and welfare, including minimizing the visual effectsof wireless communication facilities on public streetscapes, protecting
public views, and otherwise avoiding and mitigating the potential impactsof wireless communication facilities on nearby properties and the
community at-large. The provisions of this section are not intended and
shall not be interpreted to prohibit or to have the effect of prohibiting
telecommunication services, nor shall they be applied in such a manner as
to unreasonably discriminate among providers of functionally equivalent
telecommunication services.
2. Permit required.
a. No person shall install, structurally modify, or change in height,
dimension, or number of antenna a wireless communication facility
3.
in the public righfof-way except upon approval of an administrative
permit or a special use permit, as provided in this section.
b. Maintenance or repair of existing permitted wireless communication
facilities shall be excluded from the permitting requirement of this
section.
Complete Application Required. Within ten (10) business days after
receiving a submitted application, if the zoning administrator, or designee,
determines that the application is incomplete, such administrator, or
designee, shall issue a written determination of incomplete application to
applicant setting forth in detail the areas of such application that must be
completed before such application may be processed. The notice of
incomplete application may be communicated via e-mail, fax, or via regular
mail, as applicant has indicated preference for this notice on the application.
Administrative Approval Process. Within ten (10) business days of
receiving a complete application, the zoning administrator shall approve,
approve with conditions, or deny the request for an administrative permit,
or shall refer the application to the planning commission for a public
hearing.
a. The zoning administrator may issue an administrative permit for the
installation, structural modification, or change in height, dimension,
or number of antenna of a wireless communication facility in the
public right-of-way if:
(l) The proposed wireless communication facility satisfies the
performance standards and other requirements of this section;
and
(2) If the antenna component of the wireless communication
facility will be installed or exists in a residential district or
commercial district, it will be attached to:
i. An existing support structure, or
ii. A replacement or extension of an existing support
structure, if the height of the replaced or extended support
structure does not exceed the height of the original support
structure by more than ten (l0Vo) percent or more than ten
(10) feet, whichever is greater. In addition, the diameter of
the replaced or extended support structure shall not add an
appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six (6) feet; or
iii. Installation of ground cabinets that are not more than l}Vo
larger in height or overall volume than any other ground
cabinets associated with the structure (NOTE: A request for
installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the
structure shall require a special use hearing).
4
b.Any decision to deny an administrative permit under this section shall
be made in writing and shall state the specific reasons for the denial.
The Applicant may appeal any determination of the zoning
administrator to the Planning Commission by converting the
application to a request for a special use permit. The applicant may,
by written notice to the zoning administrator, convert the request for
an administrative permit to a request for a special use permit at no
additional cost. Additionally, an applicant may, in lieu of and
without first seeking an administrative permit hereunder, initially
request a special use permit for a proposed wireless communication
facility.
Special use permit.
a. Hearing. For any application to install, structurally modify, or
change in height, dimension, or number of antenna a wireless
communication facility in the public right-of-way that does not meet
the criteria for an administrative permit, or for any application to
install a new support structure in the public right-of-way in a
residential district or commercial district, the planning commission
may issue a special use permit after holding a public hearing in
accordance with the procedures established in the Bel Aire Zoning
and Subdivision Codes.
b. Standards for evaluation of special use permit applications. The
planning commission may approve, or approve with conditions an
application for a special use permit in any zoning district after
review and consideration of all of the following:
(1) Conformity with the city's comprehensive plan;
(2) Compatibility with abutting property and surrounding land
USES;
(3) Adverse impacts such as visual, environmental, or safety
impacts;
(4) Color and finish of the proposed facilities;
(5) Screening potential of existing vegetation, structures and
topographic features;
(6) Potential for adequate screening of proposed facilities;
(7) Scale of facilities in relation to surrounding land uses;
(8) Impact on entry corridors into the city; and
(9) Impact on landmark structures, historically or architecturally
significant structures or districts, or environmentally sensitive
areas.
c. Denial of special use permit. Any decision by the Planning
Commission to deny a special use permit under this section shall be
5.
6.
7
made in writing and shall state the specific reasons for the
denial. Any denial by the planning commission may be appealed to
the Governing Body. Any denial by the Governing Body shall be
deemed a final administrative decision, subject to appeal and
judicial review. In the event that a special use permit application is
denied by the planning commission or Governing Body, no new
request for the same or substantially similar administrative or
special use permit shall be accepted or processed within six (6)
months after denial of that application.
b. Protests. The notification and protest area for special use permit
applications shall be two hundred (200) feet from the proposed
boundary areas of the site(s) of the wireless communication
facilities. If a special use permit is approved by the planning
commission, affected property owners shall have the same right to
present a protest petition to the Governing Body and appeal that
decision as property owners in rezoning cases.
Application Requirements.
Performance criteria. Unless otherwise specified, all wireless
communication facilities in the public right-of-way shall comply with the
following performance standards. The planning commission may grant a
waiver from these standards when the applicant has demonstrated that there
is a need to close a significant gap in coverage or capacity that can only be
met by placement of the proposed facilities in the proposed location, or if
the applicant can demonstrate any technical limitations conflicting with the
performance standards, and if the purpose and objectives of this section
would be better served thereby.
a. Antennas shall be screened by means of canisters, shrouds or other
screening measures and treated with exterior coatings of a color and
texture to match the support structure upon which they are attached.
b. Any replacement support structure shall be of new material, and the
replacement or extension of a support structure shall match the
original and/or surrounding utility or light poles in material, style,
design, color, and finish.
c. Antennas shall not extend more than thirty-six (36) inches from the
top of the support structure.
d. Support equipment attached to a support structure (excluding
ancillary attached electrical equipment, such as an electric meter or
breaker panel) shall not exceed six (6) feet in height and two (2) feet
in width, or project more than twenty-four (24) inches horizontally
from the support structure.
e. All portions of the wireless communication facilities (other than the
support structure and ground-mounted or underground support
equipment) shall be located so as to provide adequate roadway
clearance, to prevent interference or hazard to pedestrians, vehicular
traffic, or other property in the public right-of-way.
f. Cable connecting an antenna to any support equipment shall be
contained inside or shall be flush mounted to the support structure
and covered with a metal, plastic, or similar material cap that
matches the color of the support structure and is properly secured.
g. A new, modified, or replaced support structure shall not exceed
eighteen (18) inches in diameter.
h. No signs or advertising shall be allowed on wireless communication
facilities, except for small identification, address, warning, and
similar information plates approved by the zoning administrator.
i. Wireless communication facilities shall not be artificially
illuminated unless required by applicable law to protect the public's
health and safety.
Sectionl7.l0.9 PRE-EXISTINGSTRUCTURES
1. Pre-existing structures shall meet all requirements of this article upon
modification, in accordance with these regulations.
2. All pre-existing structures shall comply with the following requirements of
this Article:
"Building Permits, Certifications and Inspections."
"Maintenance."
"Abandonment."
Section 17.10.10 BULK REGULATIONS
l. Maximum Height.
a. The height of a tower or stealth monopole shall be regulated by this
article.
b. The height of a tower, including any antenna, shall not exceed one-
hundred-fifty (150) feet, as measured from the ground. The
maximum height limitation does not include a lightning rod, which
shall not exceed an additional twenty (20) feet in height. When
considering the height of a proposed tower, the impact of any
additional dimensions associated with an increase to the tower or
base structure not deemed to be a substantial chanse under FCC
Ruling l4-153, should be considered.
a.
b,
2.
c. The total heighr of a stealth monopole shall nor exceed fifty (50) feet,
as measured from the ground. When considering the height of a
proposed tower, the impact of any additional dimensions associated
with an increase to the tower or base structure not deemed to be a
substantial change under FCC Ruling l4-153, should be considered.d. The following height requirements shall apply to
telecommunications facilities mounted externally on antenna suppofi
structures or municipal facilities:(l) On structures 30 feet in height or less, telecommunications
facilities shall be mounted consistent with the "stealth Design
Principles."(2) On structures between 30 and 60 feet in height,
telecommunications facilities shall not extend more than a
combined height of 75 feet, including the structure on which
it is mounted upon.(3) On structures 60 feet in height or more, telecommunications
facilities shall not extend more than 75 feet, including the
structure on which it is mounted upon.
Setback Restrictions
a. Towers. Towers shall be set back from all property lines a distance
equal to the fall zone of the tower, as certified by tbe structure
manufacturer's engineer. If the fall zone is not ascertainable, the
tower shall be set back from all property lines a distance equal to the
height of the tower, including any antenna, plus other appurtenances.
When considering the height of a proposed tower, the impact of any
additional dimensions associated with an increase to the tower or
base structure not deemed to be a substantial change under FCC
Ruling l4-153, should be considered.
b. Stealth Monopoles. Stealth monopoles shall be set back from all
property lines a distance equal to the fall zone of the structure, as
certified by the structure manufacturer's engineer. If the fall zone is
not ascertainable, the stealth monopole shall be set back from all
property lines a distance equal to the height of the stealth monopole,
including any antenna, plus other appurtenances. When considering
the height of a proposed tower, the impact of any additional
dimensions associated with an increase to the tower or base srucrure
not deemed to be a substantial change under FCC Ruling l4-I53,
should be considered.
c. Accessory ground-level equipment including guy-wire anchors shall
follow the setbacks for accessory uses in the applicable zoning
district. When considering the dimensions of any accessory ground-
level equipment, the impact of any additional dimensions associated
with an increase to the tower or base structure not deemed to be a
substantial change under FCC Ruling l4-153, should be considered.
SectionlT.l0.ll STRUCTURALREQUIREMENTS
1. All wireless telecommunications facilities shall be designed and certified
by an engineer to be structurally sound and shall, at a minimum, be in
conformance with these regulations and all applicable federal and city
codes.
2. All towers and stealth monopoles shall be designed and constructed to
collapse on themselves to minimize the impact on surrounding properties.
3. New towers or stealth monopoles shall be built, constructed or erected in
the City to be capable of co-location. All new towers less than 100 feet in
height and stealth monopoles shall provide space for at least two (2)
separate providers. All new towers one-hundred (100) feet or higher in
height shall provide space for at least three (3) separate providers.
4. Antennas Mounted on structures or Rooftops. The equipment cabinet or
structure used in association with antennas shall comply with the following:a. The cabinet or structure shall not contain more than 300
square feet of gross floor area or be more than l0 feet in height. In
addition, for buildings and structures which are less than sixty-five
(65) feet in height, the related unmanned equipment structure, if
over 100 square feet ofgross floor area or six (6) feet in height, shall
be located on the ground and shall not be located on the roof of the
structure.
b. If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and
structures shall not occupy more than fifteen (15) percent of the roof
area.
c. Equipment storage buildings or cabinets shall comply with
all applicable building codes.
5. Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet
or structure used in association with antennas shall be located in accordance
with the following:
a. In residential districts, the equipment cabinet or structure
may be located:
i. In a front or side yard provided the cabinet or
structure is no greater than fiver (5) feet in height or fifty
(50) square feet of gross floor area and the cabinet/structure
is located a minimum of twenty-five (25) feet from all lot
lines. To allow for a future non-substantial change, the
amount of additional space associated with such change shall
be calculated and enough space allowed so that such change
would continue to be outside the twenty-five (25) foot set
back requirement.
ii. In a rear yard, provided the cabinet or structure is no
greater than eight (8) feet in height or 100 square feet in
gross floor area, inclusive of any future non-substantial
change to increase height or area. The cabinet/structure shall
be screened by an evergreen hedge with an ultimate height
of eight (8) feet and a planred height of at least 36 inches.b. In commercial or industrial districts the equipment cabinet
or structure shall be no greater than eight (8) feet and a planted
height of at least 36 inches. In all other instances. structures or
cabinets shall be screened from view of any and all residential
properties which abut or are directly across the street from the
structure or cabinet by a solid fence eight (8) feet in height or an
evergreen hedge with an ultimate height of eight (8) feet and a
planted height of at least 36 inches.6. Antennas Located on Towers. The related unmanned equipment structure
shall not continue more than 100 square feet of gross floor area or be more
than eight (8) feet in height, and shall be located in accordance with the
minimum yard requirements of the zoning district in which located.7. Modification of Building Size Requirements. The requirements of this
Section may be modified by the Zoning Administrator in the case of
administratively approved uses or by the Planning Commission in the case
of uses permitted by special use in an effort to encourage collocation.
Section 17.10.12 USE LIMITATIONS
1. Stealth Design: The city may require stealth design of a tower or
telecommunications facility, in accordance with regulations, depending onthe character of the proposed location and type of tower or
telecommunications facility.
2. Illumination:
a. Towers shall not be arrificially lighted except as required by the FAA.b. Notwithstanding subsecrion (l), in the case of a stealth
telecommunications structure, illumination may be provided that is
appropriate and customary for the type of stealth structure, as
approved by the Special Use process.c. Security lighting may be installed around the base of a tower or
accessory telecommunication facilities, provided the lighting is a full
cut-off design to prevent direct light from being cast upon nearby
property and to prevent glare on nearby public streets, as approved
by the Special Use process.
3. Security Fencing: The City may require the installation of a security fence
around all sides of a telecommunications structure located at ground level,
and shall review and approve the material and design of any fencing to
ensure that it will in fact serve to secure the facility.
4. Screening and Landscaping: All landscaping on a parcel of land containing
wireless telecommunications facilities and/or antenna support structures
shall conform to the applicable landscaping requirements, if any, in the
zoning district where the structure is located. The City may require yea.r-
round landscaping and/or screening in order to reduce visual impacts and
enhance the compatibility of telecommunications structure(s) with the
character of nearby land uses and the area. Such screening may consist of
walls, fencing and./or landscaping or combinations thereof, as approved by
the City, but any such screening may be reviewed to determine that it does
in fact screen the facilitv from view.
5. Parking and Access. The parcel of land upon which a telecommunications
structure is located shall either contain at least one (l) off-street parking
space on the site, or shall identify other permanently available off-street
parking associated with the site.
Section 17.10.13 SIGNS
l. Signs Prohibited. No signs, flyers, flags or banners, shall be permitted on
any telecommunications structure, except as may be required by the FAA,
FCC, other federal or state agency or the City. A flag may be hung on an
approved stealth flagpole structure in accordance with regulations.
2. Removal of Signs. The owner shall remove any sign placed on any
telecommunications structure in violation of this section within five (5) days
of notice having been sent by the City.
3. Notwithstanding any contrary provisions of the city's zoning ordinance, the
following warning signs shall be utilized in connection with the tower or
antenna site, as applicable:
a. If high voltage is necessary for the operation of the tower or
associated equipment, "HIGH VOLTAGE--DANGER" warning
signs shall be permanently attached to each side of the fence or wall
surroundins the structure.
b. "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall surrounding the structure and spaced
no more than forty (40) feet apart; (a) the height of the lettering of
the warning signs shall be at least twelve (12) inches and the signs
shall be installed at least five (5) feet above rhe finished grade; (b)
the warning signs may be attached to freestanding poles if the
content of the sign may be obstructed by landscaping.
c. A sign on the gate indicating the name and address of the tower
owner and a phone number where the tower owner can be reached
twenty-four (24) hours a day in case of an emergency shall be
permanently attached to the fence.
Section 17.10.14 STEALTH DESIGN
TELECOMMUNICATIONS FACILITIES
FOR WIRELESS
l.Stealth wireless telecommunications facilities shall be designed to blend in
with the character and environment of the area in which they are proposed
to be located, and to enhance compatibility with nearby land uses by
minimizing visual impacts. Stealth wireless telecommunications facilities
shall incorporate the following design principles, as applicable to the type
of telecommunications structure and character of the location:
Preserve the pre-existing character of the area as much as possible.
Minimize the height, mass and proportion of wireless
telecommunications facilities to minimize impacts on the character
of the nearby area.
Minimize the silhouette presented by new towers, stealth
monopoles, antenna support structures and antenna arrays.
Monopoles are favored over lattice-type towers; antennas mounted
inside an antenna support structure or monopole, or mounted flush
to the antenna support structure, are favored over triangular "top-
hat" or other projecting external types of antenna arrays.
Use colors, textures and materials that blend in with the existing
environment; surfaces shall be painted, or otherwise treated, to
match or complement existing background structures and surfaces,
and to minimize reflection.
Conceal telecommunication facilities from view by placing inside a
building, steeple, penthouse, clock tower, flagpole or other
appropriate structure. Architectural additions or appurtenances to
existing antenna support structures that are intended to conceal
telecommunication facilities, shall be designed to be appropriate in
mass, scale, material, texture, color and character with the existins
antenna support structure.
camouflage and/or disguise wireless telecommunications facilities
to look like another type of structure or object, through methods
including, but not limited to design, placement, use of materials,
texture, color, year-round landscaping and screening, to blend inwith the character of the surroundings, or integrate into the
architectural elements and character of an existing antenna support
structure to such an extent that it is indistinguishable by the casual
observer from the structure on which it is located, or from the
surroundings in which it is placed. Stealth monopoles designed to
a.
b.
d.
e.
look like a flagpole shall utilize a flag that is appropriately sized for
the height of the pole. Stealth monopoles disguised as a tree shall be
of a height, character and placement that is appropriate to the
location. Wireless telecommunications facilities mounted on roofs
or similar structures shall be concealed from view by placement and
setback from the edges and/or through use of architectural screening
that is in character with the building or antenna support structure.
g. Locate wireless telecommunications facilities in areas where trees
and/or buildings obscure some or all the wireless
telecommunications facilities from view, and install new year-round
landscaping and screening around the site where visible from public
streets or residential areas.
h. Locate accessory equipment inside a building or in underground
vaults when possible. Screen ground-level wireless
telecommunications facilities through use of walls, fencing or year-
round landscaping, or combinations thereof, which is appropriate in
design, height and material to the character of the location and the
structure to be screened.
Section17.10.15 MODIFICATIONANDREPLACEMENT
1. Modification to existing site. Up to fifty (50) percent of the height of an existing
tower may be replaced with no substantial change in height as part of
modifications made to provide for co-location of a new facility. Replacement
of more than fifty (50) percent of a tower shall be considered a new tower and
shall meet all of the applicable requirements for new construction.
2. Rebuilding damaged or destroyed existing site. If more than fifty (50) percent
of the tower or facility is damaged or destroyed, it shall be considered a new
facility and shall meet all the applicable requirements for new construction. All
replacement shall comply with then applicable building codes and a new
administrative approval or special use permit and building permit shall be
obtained and be completed within one hundred eighty (180) days from the date
the tower or facility was damaged or destroyed. If no permit is obtained or it
expires, or replacement is not timely completed, the tower of facility shall be
deemed abandoned.
Section 17.10.16 BUILDING PERMITS, INSPECTIONS AND CERTIFICATIONS
1. The applicant shall apply for and receive all applicable City permits prior
to the construction of an antenna support structure or telecommunications
structure. Wireless telecommunications facilities shall conform to the
requirements of the applicable city codes and all other construction
standards set forth by federal and state law. The City shall inspect the
antenna support structure or telecommunications structure and issue a
certificate of occupancy prior to use by the providers. It shall be a violation
of this subsection for an owner to construct or use a telecommunications
structure without the required permit, inspection or certificate of occupancy.
2. An engineer shall certify that all wireless telecommunications facilities are
structurally sound. For new wireless telecommunications facilities, such
certification shall be based upon the construction plans, and shall be
submitted with an application. The City may require subsequent
certifications if the City reasonably believes that the structural and/or
electrical integrity of the telecommunications structure is jeopardized.
Failure to comply within seven business days of such request shall be
grounds for revoking such structure's occupancy permit, and ceasing
operations until compliance is achieved.
Section 17.10.17 ABANDONMENT
t.The owner and/or provider of a telecommunications structure shall provide
the City a copy of its notice to the FCC of intent to cease operations. The
owner shall remove the structure at the owner's expense within one hundred
and eighty (180) days from the date of abandonment. If the owner and/or
provider fail(s) to provide the City with the proper notice of intent to cease
operations, the structure may be declared a nuisance and dangerous
structure in conformance with the City's nuisance code. Failure to remove
the abandoned structure within ninety (90) days of issuance of notice that
such facility has been declared a nuisance shall be grounds for the City to
remove the structure with all costs of removing such dangerous and
nuisance structure assessed against the landowner. The removal process
shall be as set forth in the Bel Aire Code for removal of nuisance and/or
dangerous buildings.
If the landowner further refuses to remove the structure as required, the City
shall remove the structure and place a lien on the real property in the amount
of all direct and indirect costs associated with the dismantling and disposal
of the structure.
Section 17.10.18 MAINTENANCE
l.Owners shall employ ordinary and reasonable care and shall install and
maintain in use nothing less than commonly accepted methods and devices
for preventing failures and accidents which are likely to cause damage,
injuries or nuisances to the public including sufficient anti-climbing and
other measures to reduce the potential for trespass or injury.
Owners shall install and maintain wireless telecommunications facilities,
fixtures and other equipment in compliance with the requirements of all
2.
2.
federal, state and local codes and regulations, and in such manner that will
not interfere with the use of other property.
3. All wireless telecommunications facilities shall be maintained in sood
condition, order and repair.
4. Licensed maintenance and construction personnel shall perform all
maintenance and construction of wireless telecommunications facilities.
5. All wireless telecommunications facilities shall complv with the current RF
emission standards, as determined by the FCC.
Section 17.10.19 FEES. The following fees shall apply:
Administrative Permit (New Cell Tower) $500.00
Administrative Permit (Modification of Existing Structure) $250.00
Right of Way, Wireless Facility Administrarive Permit $250.00
Special Use Permit Application $500.00
Staff Review, Special Use Permit $40.00 per hour
Special Use Permit Deposit $1,000.00
Special Use Permit Deposit Process. The applicant shall submit with any Special
Use Permit application, or at the time of converting an application for an
administrative permit to a request for a Special Use Permit, an initial deposit of
$1,000.00 for each wireless facility location that is the subject of the application.
After completing the preliminary review, the zoning administrator shall notify the
applicant, in writing, of any additional information required to complete the review,
and of any anticipated extraordinary costs or expenses for additional City staff time,
postage and advertising, retention of expert or consultant assistance, or legal fees.
If the zoning administrator identifies anticipated costs in excess of the deposit
balance after payment of expenses incurred, the deposit shall be replenished or
supplemented to the extent necessary to assure payment of the anticipated costs
before the City shall incur those anticipated costs and before any further review of
the application shall occur. At the conclusion of the permitting process a finalized
statement shall be provided to the applicant, all deposit monies held by City in
excess of actual costs shall be returned to the applicant.
Section 17.10.20 ENFORCEMENT. It shall be the duty of the City Manager to
appoint a Code Enforcement Officer, who shall enforce all provisions of this sign
code. It shall be unlawful for any person to interfere with any City Official in the
performance of the duties assigned under this sign code.
Section 17.10.21 PENALTY. In addition to any other enforcement action or
nuisance abatement action, the municipal court is hereby authorized, upon proper
motion, empowered and directed to abate or suppress any violation of this article
and for the purpose of carrying out the provisions of this section, the municipal
court is hereby authorized, after giving proper notice, to give to any city law
enforcement officer or health officer the right to enter into or upon any premises or
establishment for the purpose of making thorough examinations and for the further
purposes of causing any violations to be abated or suppressed. Any person
convicted of a violation of this article shall be punished by a fine in accordance
with the general penalty provisions set out in Chapter l, Article 2 of this code. Each
day that any violation of this article continues shall constitute a separate offense
and be punishable hereunder as a separate violation.
SECTION 2. This Ordinance shall take effec
Passed by the City Council this l7h day of March, 2015.
proved by the Mayor this 17s day of March, 2015.
ATTEST:
MAYOR. David Austin
SEAL