CHAPTER XXIII. ZONING AND PLANNINGCHAPTER XXIII. ZONING AND PLANNING\ARTICLE 4. SITING OF WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS

The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas.  The goals of this article are to: 

(a)   Protect residential areas and land uses from potential adverse impacts of towers and antennas; 

(b)   Encourage the location of towers in non-residential areas; 

(c)   Minimize the total number of towers throughout the community; 

(d)   Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; 

(e)   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; 

(f)   Encourage owners and users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; 

(g)   Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; 

(h)   Consider the public health and safety with respect to communication towers and antenna; and

(i)    Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. 

In furtherance of these goals, and in the review of applications hereunder, due consideration shall be given to the adopted comprehensive plan and amendments thereto, the zoning map, existing land uses, and environmentally sensitive areas.

(Ord. 4820-13; Code 2014)

As used in this article, the following terms shall have the meanings set forth below:

(a)   “Alternative tower structure” means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

(b)   “Antenna” means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

(c)   “Backhaul network” means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

(d)   “City” means the City of Newton or the City of North Newton as has jurisdiction over the site or prospective site for a wireless communications tower or antenna.

(e)   “FAA” means the Federal Aviation Administration.

(f)   “FCC” means the Federal Communications Commission.

(g)   “Height” means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

(h)   “Pre-existing towers and pre-existing antennas” means any tower or antenna which was constructed prior to the effective date of this article and in conformance with the regulations which were then in place, whether or not said regulations are later found to be invalid, including any tower or antenna determined to be a lawfully existing non-conforming use, and also including permitted towers or antennas which have not yet been constructed so long as such approval is current and not expired.

(i)    “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes,  including self-supporting lattice towers, guyed towers, or monopole towers.  The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.  The term includes the structure and any support thereto. 

(Ord. 4820-13; Code 2014)

(a)   New Towers and Antennas.  All new towers or antennas in the City shall be subject to these regulations, except as provided in subsection (b) through (f) below.

(b)   Amateur Radio Station Operators/Receive-Only Antennas.  This article shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

(c)   Pre-existing Towers or Antennas.  Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this article, other than the requirements of Sections 23-404(f) and 4(g). 

(d)   AM Array.  For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower.  Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array.  Additional tower units may be added within the perimeter of the AM array by right.

(e)   Direct-to-Home Satellite Dishes and Other Over-the-Air Reception Devices.  Any direct-to-home satellite dishes or other Over-the-Air Reception Device which is exempt from local restrictions under regulations of the Federal Communications Commission pursuant to Section 207 of the Telecommunications Act of 1986 (see 47 C.FR. § 1.4000).

(f)    Low Voltage Antennas.  This article shall not govern any low-voltage antenna which is measured less than one meter (39.97”) in diameter, height and length. 

(Ord. 4820-13; Code 2014)

(a)   Principal or Accessory Use.  Antennas and towers may be considered either principal or accessory uses.  A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. 

(b)   Lot Size.  For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(c)   Inventory of Existing Sites.  Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City or within one mile of the border thereof, including specific information about the location, height, and design of each tower.  The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the City; provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d)   Aesthetics.  Towers and antennas shall meet the following requirements:

(1)   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2)   At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(3)   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(e)   Lighting.  Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.  If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(f)   State or Federal Requirements.  All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.  If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.  Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. 

(g)   Building Codes; Safety Standards.  To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.  If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property then, upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards.  Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

(h)   Measurement.  For purposes of measurement, tower setbacks and separation distances shall be calculated and applied irrespective of whether comparative properties, sites or structures are located within or outside of the City jurisdictional boundaries.

(i)    Non-Essential Services.  Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(j)    Franchises.  Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system within the City have been obtained and shall file a copy of all required franchises with the Zoning Administrator.

(k)   Signs.  No signs shall be allowed on an antenna or tower other than properly approved warning or safety signs relating to the antenna or tower.

(l)    Buildings and Support Equipment.  Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 23-408.

(m)  Multiple Antenna/Tower Plan.  The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.  Applications for approval of multiple sites shall be given priority in the review process.

(n)   Removal of Abandoned Antennas and Towers.  Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment.  Failure to remove an abandoned antenna or tower within said ninety (90) day shall be grounds to remove the tower or antenna at the owner's expense.  If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(o)   Nonconforming Uses.

(1)   Non-Expansion of Nonconforming Use.  Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2)   Pre-existing towers.  Pre-existing towers shall be allowed to continue their usage as they presently exist.  Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers.  New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this article.

(3)   Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas.  Notwithstanding the provisions of Section 23-404(n), bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback and separation requirements specified in Sections 23-407(b)(4) and 23-407(b)(5).  The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval.  Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed.  If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 23-404(n).

(p)   Public Notice.  The public notice provisions hereunder shall take precedence over any otherwise applicable public notice provisions within the Zoning Ordinances, and shall apply to applications hereunder.  The public notice provisions hereunder are as follows:

(1)   No public notice shall be required as a permitted use under Section 23-405 or as to an application for an administratively approved use under Section 23-406.

(2)   As to an application for a special use permit under Section 23-407, notice of the hearing thereon shall be given not less than twenty (20) days prior to the hearing as follows:

(i)    Written notice to each owner of property within 300 feet of the area proposed for the special use permit;

(ii)   As to proposed sites adjacent to the City limits, written notice to each owner of property outside of the City limits and within 1,000 feet of the said adjacent City limit line; and

(iii)  If not included in the notice areas designated above, written notice shall also be given to each owner of property within any applicable separation distance as set forth in Section 23-407(b)(5); and

(iv)  Publication notice of the hearing in the official City newspaper.

(q)   Application Fees.  A fee in the designated amount below shall be paid with each application under this article.  All such fees are non-refundable.  An application shall not be deemed to be submitted until and unless such fee is paid.

(1)   No fee shall be required as a permitted use under Section 23-405 beyond what payment or other compensation is set forth in the applicable agreement.

(2)   As to an application for an administratively approved use under Section 23-406:

(i)    $100 if the application is for approval of the location of an antenna on an existing structure or tower which does not entail any significant modification to or reconstruction of the structure or tower to accommodate the antenna;

(ii)   $500 for any other administratively approved application.

(3)   $1,000 for an application for a special use permit under Section 23-407.  If an application has first been submitted for an administratively approved use, and then is re-submitted as an application for a special use permit following a denial of the former, a separate application fee for the special use permit shall still be applicable.

(4)   $500 for an application for a variance from any of the restrictions or requirements of this article.

(r)    Multiple Applications.  There shall be no restriction against submitting a request both in the form of an application for an administratively approved use and in the form of an application for a special use permit; provided, however, that the prescribed application fee for each shall be paid.

(s)   Variances.  If in relation to an application for a special use permit the applicant also seeks a variance from any requirement as to which the Planning Commission is not specifically herein given discretion, an application for such a variance may be submitted along with the application for a special use permit.  If heard at the same time as the special use permit application, and if the notice given on the special use permit specifically discloses that a variance request is also included, identifying the nature of the variance being sought, then a separate notice need not be given as to the variance application.  However, the standards for the granting of any such variance as set forth in Section 13.3-4 of the Zoning Ordinances shall still be applicable. 

(Ord. 4820-13; Code 2014)

(a)   General.  The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

(b)   Permitted Uses.  The following uses are specifically permitted:

(1)   Antennas or towers located on property owned, leased or otherwise controlled by the City provided a license or lease authorizing such antenna or tower has been approved by the City governing body.

(Ord. 4820-13; Code 2014)

(a)   General.  The following provisions shall govern the issuance of administrative approvals for towers and antennas.

(1)   The Zoning Administrator may administratively approve the uses listed in this Section.

(2)   Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in Sections 23-407(b)(1) and 23-407(b)(3).

(3)   The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with Sections 23-404, 23-407(b)(4) and 23-407(b)(5).

(4)   The Zoning Administrator shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application.  If the Zoning Administrator fails to respond to the applicant within said sixty (60) days, then the application shall be deemed to be approved; provided, however, that nothing herein shall prevent or restrict the applicant from agreeing to an extension of this deadline.

(5)   In connection with any such administrative approval, the Zoning Administrator may, in order to facilitate shared use, administratively waive any zoning district setback requirements in Section 23-407(b)(4) or separation distances between towers in Section 23-407(b)(5) by up to fifty percent (50%).

(6)   In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(7)   If the Zoning Administrator denies the application for an administratively approved use, the applicant may then re-submit the application (or some variation thereof) in the form of an application for a special use permit pursuant to Section 23-407.  However, as to a denial which is based upon the Zoning Administrator’s interpretation of the applicable rules and regulations, or the manner in which those rules and regulations apply to the applicant’s project, the applicant shall have the option to appeal that decision pursuant to Section 13.1-7 of the Zoning Ordinances.  The taking of any such appeal shall not serve to prevent any contemporaneous or subsequent application for a special use permit.  A denial which is based upon the exercise by the Zoning Administrator of judgment or discretion specifically given to the Zoning Administrator herein shall not be so appealable, and the applicant’s recourse in relation to such matters shall be through an application for a special use permit.

(b)   List of Administratively Approved Uses.  The following uses may be approved by the Zoning Administrator after conducting an administrative review:

(1)   Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or C-2 (General Business District) zoning district. 

(2)   Locating antennas on existing structures or towers consistent with the terms of subsections (i) and (ii) below.

(i)    Antennas on existing structures.  Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:

(A)  The antenna does not extend more than thirty (30) feet above the highest point of the structure;

(B)  The antenna complies with all applicable FCC and FAA regulations; and

(C)  The antenna complies with all applicable building codes.

(ii)   Antennas on existing towers.  An antenna which is attached to an existing tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(A)  A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole.

(B)  Height

a.     An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower’s existing height, to accommodate the collocation of an additional antenna.

b.    The height change referred to in subsection a. above may only occur one time per communication tower.

c.     The additional height referred to in subsection a. above shall not require an additional distance separation as set forth in Section 23-407.  The tower’s premodification height shall be used to calculate such distance separations.

(C)  Onsite tower location

a.     A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location.

b.    After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

c.     A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Section 23-407(b)(5).  The relocation of a tower hereunder shall in no way be deemed to cause a violation of Section 23-407(b)(5).

d.    The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 23-407(b)(5) shall only be permitted when approved by the Zoning Administrator.

(3)   New towers in non-residential zoning districts.  Locating any new tower in a non-residential zoning district other than an industrial or C-2 (General Business District) zoning district, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant;  the Zoning Administrator concludes the tower is in conformity with the goals set forth in Section 23-401 and the requirements of Section 23-404;  the tower meets the setback requirements in Section 23-407(b)(4) and separation distances in Section 23-407(b)(5); and the tower meets the following height and usage criteria:

(i)    For a single user, up to ninety (90) feet in height;

(ii)   For two users, up to one hundred twenty (120) feet in height; and

(iii)  For three or more users, up to one hundred fifty (150) feet in height.

(4)   Locating any alternative tower structure in a zoning district other than an industrial or C-2 (General Business District) zoning district which, in the judgment of the Zoning Administrator, is in conformity with the purposes and goals set forth in Section 23-401.

(5)   Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(Ord. 4820-13; Code 2014)

(a)   General.  The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission:

(1)   If the tower or antenna is not a permitted use under Section 23-405 or permitted to be approved administratively pursuant to Section 23-406, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

(2)   Applications for special use permits under this Section shall be subject to the procedures and requirements of Article IV of the Zoning Ordinances, except as modified in this article.

(3)   In granting a special use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(4)   Any information of an engineering nature that the applicant submits, whether civil, structural, mechanical, or electrical, shall be certified by a licensed professional engineer.

(b)   Towers.

(1)   Information required.  In addition to any information required for applications for special use permits pursuant to Article IV of the Zoning Ordinances, applicants for a special use permit for a tower shall submit the following information:

(i)    A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Section 23-407(b)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this article.

(ii)   Legal description of the parent tract and leased parcel (if applicable).

(iii)  The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. 

(iv)  The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 23-404(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(v)   A landscape plan showing specific landscape materials.

(vi)  Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(vii) A description of compliance with Sections 23-404(c), (d), (e), (f), (g), (j), (k), and (l), 23-407(b)(4), 23-407(b)(5) and all applicable federal, state or local laws.

(viii)       A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(ix)  Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. 

(x)   A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(xi)  A description of the feasible location(s) of future towers or antennas within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(2)   Factors Considered in Granting Special Use Permits for Towers.  In addition to any standards for consideration of special use permit applications pursuant to Article IV of the Zoning Ordinances, the Planning Commission shall consider the following factors in determining whether to issue a special use permit, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this article are better served thereby:

(i)    Height of the proposed tower;

(ii)   Proximity of the tower to residential structures and residential district boundaries;

(iii)  Nature of uses on adjacent and nearby properties;

(iv)  Surrounding topography;

(v)   Surrounding tree coverage and foliage;

(vi)  Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(vii) Proposed ingress and egress; and

(viii)       Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 23-407(b)(3).

(3)   Availability of Suitable Existing Towers, Other Structures, or Alternative Technology.  No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna.  An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology.  Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(i)    No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(ii)   Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(iii)  Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(iv)  The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(v)   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.  Costs exceeding new tower development are presumed to be unreasonable.

(vi)  The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(vii) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable.  Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4)   Setbacks.  The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this article would be better served thereby:

(i)    Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining lot line. 

(ii)   Guys and accessory buildings must satisfy the minimum zoning district setback requirements. 

(5)   Separation.  The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the goals of this article would be better served thereby.

(i)    Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(ii)   Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1:

Off-site Use/Designated Area

Separation Distance

Single-family or duplex residential units *

200 feet or 300% height of tower whichever is greater

Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired

200 feet or 300% height of tower** whichever is greater

Vacant unplatted residentially zoned lands***

100 feet or 100% height of tower whichever is greater

Existing multi-family residential units greater than duplex units

100 feet or 100% height of tower whichever is greater

Non-residentially zoned lands or non-residential uses

None; only setbacks apply

*  Includes modular homes and mobile homes used for living purposes.

**  Separation measured from base of tower to closest building setback line.

*** Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

(iii)  Separation distances between towers.

(A)  Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers.  The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.  The separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2:

 

Lattice

Guyed

Monopole 75 Ft in Height or Greater

Monopole Less Than 75 Ft in Height

Lattice

5,000 ft

5,000 ft

1,500 ft

750 ft

Guyed

5,000 ft

5,000 ft

1,500 ft

750 ft

Monopole 75 Ft in Height or Greater

1,500 ft

1,500 ft

1,500 ft

750 ft

Monopole Less Than 75 Ft in Height

 

750 ft

750 ft

750 ft

750 ft

(6)   Security fencing.  Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Commission may waive such requirements, as it deems appropriate.

(7)   Landscaping.  The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this article would be better served thereby.

(i)    Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.  The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

(ii)   In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(iii)  Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.  In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(Ord. 4820-13; Code 2014)

(a)   Antennas Mounted on Structures or Rooftops.  The equipment cabinet or structure used in association with antennas shall comply with the following:

(1)   The cabinet or structure shall not contain more than 300 square feet of gross floor area or be more than 10 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 of gross floor area or 6 feet in height, shall be located on the ground and shall not be located on the roof of the structure.

(2)   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 15 percent of the roof area.

(3)   Equipment storage buildings or cabinets shall comply with all applicable building codes.

(b)   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:

(1)   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 5 feet in height or 50 square feet of gross floor area and the cabinet/structure is located a minimum of 25 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.

(ii)   In a rear yard, provided the cabinet or structure is no greater than 8 feet in height or 100 square feet in gross floor area.  The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 36 inches.

(2)   In commercial or industrial districts the equipment cabinet or structure shall be no greater than 8 feet in height or 200 square feet in gross floor area.  The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of 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 all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence 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.

(c)   Antennas Located on Towers.  The related unmanned equipment structure shall not contain more than 100 square feet of gross floor area or be more than 8 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(d)   Modification of Building Size Requirements.  The requirements of Sections 23-408(a) through (c) 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 to encourage collocation.

(Ord. 4820-13; Code 2014)