14-10752 Amending Placement of Telecommunication Facilities within Public ROWPost on the City of Salina website from September 9 to 23, 2014.
ORDINANCE NUMBER 14-10752
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE IV, OF THE SALINA CODE
BY AMENDING SECTION 42-70 PERTAINING TO THE SITING AND PLACEMENT
OF WIRELESS TELECOMMUNICATION FACILITIES WITHIN PUBLIC RIGHT -
w OF -WAY IN THE CITY OF SALINA.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
1 o Section 1. Amendment. That Section 42-70 of the Salina Code be amended as follows:
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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, while ensuring the public health,
safetv. 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 -nay 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 easements.
I Support equipment means the ph}'sical, electrical and/or electronic equipment
included 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.
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4. Support structure means a ground -mounted self-supporting vertical structure used to
elevate or cam lines, cables, wires, or antennas for telecommunications._ cable
television, electricity or other utility services, or to provide lighting.
5. TVireless communication facility means an installation that sends and/or receives
W 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-wa}
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
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 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
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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
is. Impact on landmark structures, historically or architecturally significant
structures or districts. or environmentally sensitive areas.
3. 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 planning commission may be appealed to the board of commissioners.
Anv 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
w 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
z commissioners and appeal that decision as property owners in rezoning cases.
d rements. Applications for either an administrative permit or a special Plication Re ui
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; as determined by 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.
3. 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
1 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 alternative 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.
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.
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7. A completed application for any other permit or approval required by the city code
or applicable law.
8. Any other relevant information requested by the zoning administrator, together with
all required fees and deposits.
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(g) Wireless network applications. Where a wireless communication facility is part of a
network of wireless communication facilities that will be installed contemporaneously,
a the zoning administrator 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. Special permits for facilities that do not satisfy the requirements of
subsection (d)(1)(ii) may be conditioned so that the proposed facilities. considered
together with the other facilities within the city that are part of the network; 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 anv technical limitations conflicting with the performance
standards; and if the purpose and objectives of this section would be better served
thereby.
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 new or replacement support structure, or any extension of a support structure,
shall be of new material, and 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 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 cap that matches the color of the support structure and is properly
- secured.
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7. A new. modified, or replaced support structure shall not exceed eighteen (18) inches
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in diameter.
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.
0) 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.
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(k) Other Regulations. Nothing herein shall be construed to exempt an applicant from an}'
other applicable ordinances. rules, regulations, or other requirements of the city;
including but not 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 (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.
(m)Penalties. A violation of this section is punishable by a fine not exceeding $1,000 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. Repealer. That existing Section 42-70 of the Salina Code is hereby_
repealed.
Section 3. Summary of ordinance for publication. This ordinance shall be
published by the following summary:
Ordinance No. 14-10752 Summary
On September 8. 2014, the City of Salina, Kansas. passed Ordinance No. 14-
10752. The ordinance amends Chapter 42 of the Salina Code by amending
Section 42-70 pertaining to the siting and placement of wireless
communication facilities in the public right-of-way. A complete copy of the
ordinance is available at Nv%v%v.salina-ks.gov or in the office of the city clerk,
300 W. Ash Street._ free of charge. This summary is certified by the city
attorney.
Section 4. Effective Date. This ordinance shall be in full force and effect from and
after its adoption and publication by summary once in the official city newspaper.
[SEAL]
Introduced: ettember 8, 2014
Passed: eptember 8. 2014
K. 1-lbuseholter. Mayor
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Miki O -&s. dmmistratrve Assistant
Certifi tion of Publication Summary:
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A. n son. City Attorney