14-10744 Establishing zoning regulations the sitting and placement of wireless telecommunication facilities w/in public ROW(Summary published in The Salina Journal on July 31, 2014.)
ORDINANCE NUMBER 14-10744
AN ORDINANCE ADDING SALINA CODE SECTION 42-70 ESTABLISHING ZONING
REGULATIONS GOVERNING THE SITING AND PLACEMENT OF WIRELESS
TELECOMMUNICATION FACILITIES WITHIN PUBLIC RIGHT-OF-WAY IN THE CITY
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OF SALINA.
WHEREAS, advances in wireless communication facilities include a network of small
wireless antennas and related facilities. which may be located on utility poles and other support
1 a structures within the public right-of-way; and
U WHEREAS, the Governing Body finds that the installation, expansion, maintenance, and
aesthetics of wireless communication support structures and facilities in the public right-of-way can
have significant impacts upon adjacent properties and the public health, safety, and welfare of
citizens in nearby properties and the community at large; and
WHEREAS, applicable state and federal law authorizes the City of Salina. Kansas to
establish reasonable and competitively neutral public health, safety and welfare requirements and
regulations, including zoning procedures, to govern the siting and placement of wireless
communication support structures and facilities in the public right-of-way, so long as wireless
service coverage is not prohibited; and
WHEREAS, the Governing Body finds that the public health, safety, and welfare can be
best served by establishing reasonable requirements for the location, expansion. height, aesthetics,
and maintenance of wireless communication support structures and facilities within the public right-
of-way, in a manner consistent with applicable state and federal law.
BE IT ORDAINED by the Governing Body of Salina. Kansas:
Section 1. Amendment. The Salina Code is amended by adding to the Zoning Regulations the
following Section 42-70:
1 Sec. 42-70. Telecommunications Right -of -Way Users.
(a) Purpose and objectives. The purpose of this section is to establish requirements for the siting
and placement of wireless communication facilities within the public right-of-way in a manner
consistent with state and federal law, awhile ensuring the public health. safety, and welfare,
including minimizing the visual effects of wireless communication facilities on public
streetscapes, protecting public views, and otherwise avoiding and mitigating the potential
impacts of 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.
(b) Definitions. For purposes of this section. the following .words and terms as used herein are
defined to mean the following:
1. Antenna means a device used to transmit and/or receive radio or electromagnetic waves
between earth and/or satellite -based systems; including but not limited to reflecting discs,
panels, microwave dishes, whip antennas, antennas; arrays, or other similar devices.
2. Public right-of-way means the area of real property 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
w easements.
3. Suppa-t equipment means the physical, electrical and/or electronic equipment included
1 o within or used in conjunction with wireless communication facilities, including but not
limited to facilities used to house, power, or contribute to the processing of signals from or
to an antenna or antennas, a base station, cabling, air conditioning units, equipment cabinets,
pedestals, and electric service meters. Support equipment does not include antennas or
support structures to which the antennas or other equipment are attached, or antenna hubs.
4. Support structure means a ground -mounted self-supporting vertical structure used to elevate
or carry lines, cables, wires, or antennas for telecommunications, cable television, electricity
or other utility services, or to provide lighting.
5. Wireless communication facility means an installation that sends and/or receives wireless
radio frequency signals or electromagnetic waves, including an antenna, support equipment,
and support structures. The term does not include mobile transmitting devices, such as
vehicle or hand-held radios and telephones.
(c) Permit required.
1. No person shall install, structurally modify, or change in height, dimension; or number of
antenna a wireless communication facility in the public right-of-way except upon approval
of an administrative permit or a special permit, as provided in this section.
2. Maintenance or repair of existing permitted wireless communication facilities shall be
' excluded from the permitting requirement of this section.
(d) Administrative Permit.
1. 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:
i. The proposed wireless communication facility satisfies the performance standards and
other requirements of this section; and
ii. If the antenna component of the wireless communication facility will be installed or
exists in a residential district or the C-4 district. it will be attached to:
1. An existing support structure; or
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2. 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 five (5) feet. In addition, the diameter of the
replaced or extended support structure shall not exceed the lesser of: (i) the
diameter of the original support structure by more than fifty (50) percent; or (ii)
eighteen (18) inches.
2. Within ten (10) days after receiving a complete application, the zoning administrator shall
' o 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. Any decision to deny
an administrative permit under this section shall be made in writing and shall state the
specific reasons for the denial. If a request for an administrative permit is denied or not
acted upon within ten (10) days, or if the conditions imposed thereon are unacceptable to the
applicant, then the applicant may, by written notice to the zoning administrator, convert the
request for an administrative permit to a request for a special permit. An applicant may, in
lieu of and without first seeking an administrative permit hereunder, initially request a
special permit for a proposed wireless communication facility.
(e) Special permit.
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 C-4 district. the
planning commission may issue a special permit after holding a public hearing in
accordance with the procedures established in section 42-24 of this chapter.
2. Standards for evaluation of special permit applications. The planning commission may
approve, or approve with conditions an application for a special permit in any zoning district
after review and consideration of all of the following:
i. Conformity with the city's comprehensive plan;
ii. Compatibility with abutting property and surrounding land uses;
iii. Adverse impacts such as visual, environmental, or safety impacts;
iv. Color and finish of the proposed facilities;
v. Screening potential of existing vegetation, structures and topographic features;
vi. Potential for adequate screening of proposed facilities;
vii. Scale of facilities in relation to surrounding land uses;
viii. Impact on entry corridors into the city; and
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ix. Impact on landmark structures; historically or architecturally significant structures or
districts, or environmentally sensitive areas.
I Denial of special permit. Any decision to deny a special permit under this section shall be
made in writing and shall state the specific reasons for the denial. Any denial by the
w planning commission may be appealed to the board of commissioners. Any denial by the
board of commissioners shall be deemed a final administrative decision, subject to appeal
and judicial review. In the event that a special permit application is denied by the planning
commission or board of commissioners; no new request for the same or substantially similar
administrative or special permit shall be accepted or processed within six (6) months after
denial of that application.
4. Protests. The notification and protest area for special permit applications shall be two
hundred (200) feet from the proposed site(s) of the wireless communication facilities. If a
special permit is approved by the planning commission, affected property owners shall have
the same right to present a protest petition to the board of commissioners and appeal that
decision as property owners in rezoning cases.
(f) Application Requirements. Applications for either an administrative permit or a special permit
shall be filed with the zoning administrator and shall include the following information:
1. The name and address of the owner of the proposed wireless communication facilities and
the name and address of a person who shall be designated as managing agent in control of
and responsible for the proposed facilities.
2. Plans and specifications for the proposed wireless communication facilities drawn to an
accurate scale and showing all pertinent information. The application material shall provide
sufficient information; asdeterminedby the zoning administrator. to allow a complete
review of the proposal and to indicate compliance with all applicable requirements and
performance standards provided in this section.
' I A statement explaining the need for the wireless communication facilities to provide or
enhance wireless communication services in the area, including a map of the service area for
the proposed facilities. For any proposed antennas in the right-of-way abutting any
residential district or C-4 district, the applicant shall demonstrate, by providing a coverage
or capacity analysis prepared by a professional engineer, that location of the antennas as
proposed is necessary to meet the frequency and spacing needs of the wireless system and to
provide adequate coverage and capacity to areas which cannot be adequately served by
locating the antennas in the public right-of-way abutting a less restrictive zoning district.
4. If the proposed facilities do not qualify for an administrative permit under subsection
(d)(1)(ii), and if requested by the zoning administrator, a statement or study comparing
potential sites within the applicable technical limits of the proposed site area. The study
shall include a discussion of altemative locations, including existing towers, buildings, or
structures located outside of the public right-of-way, and a discussion of the ability or
inability of each site to host the proposed facilities.
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5. If requested by the zoning administrator, photographic simulations of the proposed facilities
as viewed from adjacent properties.
6. A preliminary construction schedule, including estimated completion dates.
w 7. A completed application for any other permit or approval required by the city code or
applicable law.
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' 8. Any other relevant information requested by the zoning administrator, together with all
required fees and deposits.
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(g) Wireless nethvork applications. Where a wireless communication facility is part of a network of
wireless communication facilities that will be installed contemporaneously, the planning
director may require a single application to be submitted for all facilities that would individually
qualify for an administrative or special permit hereunder. The denial of any permit for some of
the facilities for which the application is submitted does not require denial of all facilities for
which the application is submitted. Permits may be conditioned so that the wireless
communication facilities within the city that are part of the network. considered together, are the
least intrusive necessary to fill a significant gap in service.
(h) 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.
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1. 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.
2. 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.
3. Antennas shall not extend more than thirty-six (36) inches from the top of the support
structure.
4. 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.
5. 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
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adequate roadway clearance, to prevent interference or hazard to pedestrians; vehicular
traffic, or other property in the public right-of-way.
6. 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
w cap that matches the color of the support structure and is properly secured.
7. A new. modified, or replaced support structure shall not exceed eighteen (18) inches in
diameter.
U 8. 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.
9. Wireless communication facilities shall not be artificially illuminated unless required by
applicable law to protect the public's health and safety.
(i) Abandonment.
1. Any wireless communication facilities not operated for the provision of personal wireless
services for a continuous period of six (6) months or more may be deemed by the city to be
abandoned. Upon receipt of a notice of determination of abandonment from the city, the
owner shall remove the abandoned wireless communication facilities within ninety (90)
days.
2. When an owner has filed with the FCC a notice of intent to cease operations, the owner shall
provide the city with a copy of such notice within thirty (30) days. The owner shall remove
its wireless communication facilities within ninety (90) days of filing such notice with the
FCC.
3. If an owner fails to remove abandoned wireless communication facilities within the time
prescribed by this section. the city may remove such facilities at the owner's sole cost and
expense.
Q) Support Equipment.
1. All support equipment shall be placed or mounted in the least visually obtrusive location
practicable, and shall be screened from view to the maximum extent possible. Support
equipment shall be painted or otherwise coated to be visually compatible with the support
structure or applicable surroundings.
2. All support equipment that is located in the public right-of-way but not attached to a support
structure shall be located and installed in accordance with the requirements of other
provisions of the city code, including but not limited to the city's right-of-way management
ordinance.
(k) Other Regulations. Nothing herein shall be construed to exempt an applicant from any other
applicable ordinances, rules, regulations, or other requirements of the city, including but not
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limited to a franchise requirement; building codes, electrical codes; and the city's right-of-way
management ordinance.
(1) Administration and enforcement. A permit may be revoked or suspended for violation of this
section or a breach of any permit condition if a permittee fails to abate any violation within ten
w (10) days after written notice has been sent to the business address shown on the application for
a permit, or such other address as may be subsequently provided to the city clerk in writing.
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' o (m)Penalties. A violation of this section is punishable by a fine not exceeding 51,000 per day per
occurrence, or imprisonment for a period not to exceed fifteen (15) days. Each day's continued
violation shall constitute a separate offense.
Section 2. Effective. This ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper by the following summary:
Ordinance No. 14-10744 Summary
On July 28, 2014, the City Commission passed Ordinance No. 14-10744. The Ordinance
amends the Salina Code by adding Section 42-70 to the Zoning Regulations which shall govern
the placement of wireless telecommunication facilities within public rights-of-way in the city of
Salina. A complete copy of the Ordinance can be found at ww\v.salina-ks.gov or in the office of
the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal
counsel.
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ATTEST:
Wicks, CMC, City Clerk
Certification of Publication Summary:
Gr .Benet al Counsel
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July 21, 2014
July 28, 2014
Aaron K. Householter, Mayor