01-10033 Zoning Regulations(Published in the Salina Journal on June?, 2001
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ORDINANCE NUMBER O1-10033
AN ORDINANCE AMENDING SECTION 42-69 TO THE SALINA CODE ESTABLISHING
STANDARDS AND REGULATIONS FOR INSTALLATION OF WIRELESS
COMMUNICATION FACILITIES WITHIN THE CITY.
follows:
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 42-69 of the Salina Code is hereby amended to read as
Section 42-69. Wireless Communication Facilities
42-69.1 Purpose and objectives. The purpose of these regulations
is to establish standards and requirements for the siting of commercial
wireless telecommunications facilities. These regulations are designed to
comply with the Telecommunications Act of 1996 and any other
applicable laws. The objectives are as follows:
1.
Encourage the location of wireless communication facilities
in non-residential areas and on sites where the adverse impact
is minimal;
2.
Encourage the joint use of new and existing wireless
communication facilities;
3.
Encourage wireless communication facilities to be designed
and installed in a manner that minimizes any adverse visual
impact.
4.
Encourage wireless telecommunication facilities to be
provided to the community in a safe, effective and efficient
manner;
5.
Facilitate the ability of the providers of wireless
communications services to provide such services to the
community through an efficient and timely application
process;
6.
Avoid potential damage to adjacent properties from tower
failure through careful siting of wireless communications
facilities;
7.
Ensure that the regulation of wireless communication
facilities does not have the effect of prohibiting the provision
of personal wireless services, and does not unreasonably
discriminate among functionally equivalent providers of such
service; and
8.
Create a hierarchy that influences both where new wireless
communication facilities are located and the types of
antennas that are used so that new facilities have the least
amount of visual impact on the community.
42.69.2
Definitions. For purposes of this section, the following
words and terms as used herein are defined to mean the following:
Abandonment, in the case of a non co -located facility, shall
mean: (a) failure to start operations within ninety days of
completion of the structure, or (b) to cease operation for a
period of ninety or more consecutive days. In the case of a co -
located facility, abandonment shall mean: (a) failure to start
operations within 180 days of completion of the structure, or
(b) to cease operation for a period of 180 or more consecutive
days.
Administrative permit shall mean a process and approval by
the Planning Director as described in this section.
Antenna shall mean any exterior apparatus designed for
telephonic, radio, data, internet, or video communications
through the sending and/or receiving of electromagnetic waves,
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and includes equipment attached to a tower or building for the
purpose of providing wireless communication services,
including unlicensed wireless telecommunications services,
wireless telecommunications services utilizing frequencies
authorized by the Federal Communications Commission for
"cellular", "enhanced specialized mobile radio", "specialized
mobile radio' and "personal communications services",
telecommunications services, and it attendant base station.
Antenna support structure shall mean any pole, telescoping
mast, tower, tripod, or other structure which supports a devise
used in the transmitting or receiving of radio frequency signals.
Array shall mean a set of antennas for one carrier or service
that are placed on a structure at a given height and spaced so as
to avoid interference.
Board of Commissioners shall mean the governing body of
the City of Salina.
Camouflage describes 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.
Co -location means the placement of a new wireless
communication facility on an existing tower, existing building
or structure.
Design shall mean the appearance of wireless communication
facilities and equipment buildings, including such features as
their materials, colors, texture, scale, and shape.
EIA shall mean the Electronics Industry Association.
Equipment enclosures shall mean 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 shall mean any tower in existence at the time
of application for an administrative permit or special permit.
FAA shall mean the Federal Aviation Administration.
FCC shall mean the Federal Communications Commission.
Fair market value shall mean the price at which a willing
seller and a willing buyer will trade.
Fall zone shall mean the area on the ground within a prescribed
radius from the base of a wireless communication facility
within which there is a potential hazard from falling debris or
collapsing material.
Guyed tower shall mean a tower that is supported, in whole or
part, by guyed wires and ground anchors.
Height shall mean the vertical distance above grade to the
highest point of the antenna support structure, including the
lightning rod and antenna.
Lattice tower shall mean a tower that is constructed to be self-
supporting by lattice type supports and without the use of
guyed wires or other supports.
Modification shall mean the changing of any portion of a
wireless communication facility from its description in a
previously approved permit. Examples include, but are not
limited to, changes in design, height, number or location of
antennas.
Monopole tower shall mean a tower consisting of a single
free-standing pole or spire self -supported on a permanent
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foundation, constructed without guy wire, ground anchors, or
other supports.
Mount shall mean the structure or surface upon which wireless
communication facilities are mounted. There are three 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.
Operator shall mean 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.
Owner shall mean either the owner of the real property on
which the wireless communication facility, tower or antenna is
located or the owner of the wireless communication facility,
tower or antenna itself.
Provider shall mean every corporation, company, association,
joint stock company, firm, partnership, limited liability
company, other entity and individual which provides personal
wireless service over wireless communication facilities.
Screening shall mean materials which effectively hide personal
wireless facilities from view, or landscaping in accordance with
the requirements of the Zoning Ordinance.
Security barrier shall mean a wall, fence, or berm that has the
purpose of sealing a wireless communication facility from
unauthorized entry or trespass.
Site shall mean a tract or parcel of land that contains wireless
communication facilities including any antenna, support,
structure, building, accessory buildings, and parking and may
include other uses associated with or ancillary to wireless
communication services.
Special permit shall mean a process and approval by the
Planning Commission or Board of Commissioners as described
in this section.
Tower shall mean any structure that is designed, constructed
or used for the primary purpose of supporting one or more
antennas, including self-supporting lattice towers, guyed
towers, or monopole towers. The term encompasses wireless
communication facilities including microwave towers,
common -carrier towers, cellular telephone towers or personal
communications services towers, alternative tower structures,
and the like. For purposes of this section the term "tower" does
not include radio and television transmission towers, amateur
radio transmitting towers or broadcast facilities.
Unlicensed wireless services shall mean commercial mobile
services that operate on public frequencies and do not need a
FCC license.
Wireless communication service and wireless
communication facilities used in the chapter shall be defined
in the same manner as the Title 47, United States Code, Section
332 (c)(7)(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 licenses by the FCC and
unlicensed wireless services.
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42.69.3 Permit Required.
(1) No person shall locate an antenna or tower for wireless communication
purposes or alter an existing wireless communication facility upon any
lot or parcel within the City of Salina except as provided in this
chapter.
(2) Maintenance or repair of a wireless communication facility and related
equipment, excluding structural work or changes in height, dimensions
or number of antenna, towers, or buildings is excluded from the
requirement to obtain a permit. Building permits may still be
required.
(3) Installation of wireless communication facilities requires either an
administrative permit (Class A Permit) issued by the Planning Director
or approval of a special permit (Class B or Class C Permit) by the
Planning Commission or Board of Commissioners.
a. Class A Permit:
The Planning Director may issue an administrative permit in the
following cases:
1. An application to co -locate additional antennas on an existing
facility;
2. An application to place an antenna on an existing structure in
the U or C-4 Districts;
3. An application to place an antenna on an existing structure in
a C-2, C-3, C-5, C-6, C-7 or I-1 district that extends no
more than twenty (20) feet above the maximum permitted
structure height in that district;
4. An application to construct a monopole tower up to one
hundred twenty (120) feet in height in an I-2 or I-3 district if
the proposed tower site is within four hundred (400) feet of
a residential area or up to two hundred (200) feet in height if
the proposed tower site is more than four hundred (400) feet
from the nearest residential area.
Within 30 days after receiving a complete application, the Planning Director shall either
approve, approve with conditions or deny the request for a (Class A) administrative permit,
or shall refer the application to the Planning Commission for a public hearing.
If a request for an administrative permit is not acted upon within 30 days, or is denied, or
the conditions imposed thereon are unacceptable to the applicant, then the applicant may,
by written notice to the Planning Director, convert the request for an administrative permit
to an application for a (Class B) special permit. Moreover, an applicant may, in lieu of and
without first seeking an administrative permit hereunder, request a special permit for its
proposed facility.
b. Class B Permit.
The Planning Commission may issue a special permit after
holding a public hearing in accordance with the procedures
established in Sections 42-24 of the Salina Code in the following
cases:
1. An application to construct a monopole tower in an I-2 or I-3
district which does not meet the criteria for a Class A
administrative permit;
2. An application to construct a monopole tower up to two
hundred (200) feet in height in an A-1, U, C-2, C-3, C-5, C-
6, C-7 or I-1 district if the proposed tower will maintain a
setback from adjacent property and public right-of-way equal
to or greater than the proposed height of the tower; or
3. An application to construct a rooftop facility on an existing
structure in C-2, C-3, C-5, C-6, C-7 or I-1 district which
would extend more than twenty (20) feet above the maximum
permitted structure height in that district.
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c. Class C Permit.
The Board of Commissioners may issue a special permit
following a public hearing and recommendation by the Planning
Commission in the following cases:
1. An application to construct a tower in a C-1 district or any
residential district;
2. An application to construct a tower in a historic district or
within five hundred (500) feet of a property listed on the
National Register of Historic Places; or to place a rooftop
facility on a local landmark or building listed on the National
Register of Historic Places;
3. An application to construct a tower within any approach zone
to the Salina Municipal Airport;
4. An application to construct a lattice type tower anywhere
within the city;
5. An application to construct a tower in the C-2, C-3, C-5, C-
6, C-7 or I-1 districts which does not comply with the
performance standards in subsection (h); or
6. An application to construct a tower over two hundred (200)
feet in height anywhere within the city.
d. 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. Any denial by the Board of
Commissioners shall be deemed a final administrative decision,
subject to judicial review and appeal. 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.
e. Protests.
The notification and protest area for special permit applications
shall be four hundred (400) feet from the proposed tower site.
If a Class B 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. The protest
procedure shall be as provided in K.S.A. 12-708 and section 42-
26(b) of this chapter.
42.69.4 Locational Preferences. Wireless communication facilities shall be
located and designed to minimize any adverse effects on surrounding properties,
particularly residential properties. In its review of requests for new tower construction
the City of Salina will give preferred status to locations where the existing topography,
surrounding land uses, existing buildings or other structures provide the greatest amount
of visual screening. Proposed towers in sensitive areas will be discouraged. The City
of Salina's locational preferences for siting new wireless communication facilities are
listed below:
(1) Preferred Location Sites:
a. Publicly owned sites on which wireless communication facilities can be
unobtrusively located with regard to visibility, aesthetic appearance and
public safety. Such sites may include locating on existing buildings,
light poles or water towers, co -locating on existing towers, screened
roof -top facilities or other camouflaged sites for antennas and recreation
areas, athletic fields, school grounds, maintenance yards and other
publicly owned facilities for towers.
b. Privately owned sites which possess the same characteristics as a. above.
c. Sites in commercially or industrial zoned districts where wireless
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communication facilities would be minimally obtrusive, would have a
minimal impact on the surrounding area and are an appropriate distance
from residential areas.
(2) Limited Preference Sites:
a. Sites on other public property.
b. Sites on other commercially or industrially zoned property.
(3) Sensitive Location Sites. Sites located in areas with predominantly
residential uses, environmentally sensitive areas, entryway corridors to the
city, local landmarks or historic districts, properties listed or eligible to be
listed on the National Register of Historic Places and the environs of the
Salina Municipal Airport.
42.69.5 Application Requirements.
(1) Pre -Application Conference. Prior to the acceptance of an application by the
City, applicants shall participate in a pre -application conference with the
Planning Department for the purposes of discussing application
requirements, specifics of the site and plans for current and future facilities.
(2) Applications for either an administrative permit or a special permit for a
wireless communication facility shall be filed with the Planning Director
and shall include the following:
a. A plot plan of the site and the proposed facility drawn to an accurate
scale and showing all pertinent information. The application material
shall provide sufficient information, as determined by the Planning
Director, to allow a complete review of the proposal. The application
material shall also include sufficient detail to indicate compliance with
all applicable design and performance standards. Failure to provide
adequate information may result in the rejection of the application.
b. A copy of the lease between the applicant and the owner. The lease shall
contain the following provisions: (1) the owner and the applicant shall
have the ability to enter into leases with other providers for colocation
with the consent of each party which shall not unreasonably be withheld;
and (2) the landowner shall be responsible for the removal of the tower
or facility in the event the lessee fails to remove it upon abandonment.
c. A statement explaining the need for the facility to provide or enhance
wireless communication services in the area including a map of the
service area of the proposed facility.
d. A statement identifying which location preference, identified in
subsection (d) the proposed facility is meeting. If the proposed location
is not a preferred location site, the applicant shall describe:
(i) Whether any preferred location sites are located within the service
area of the proposed wireless communication service facility;
(ii) What good faith efforts and measures were taken to investigate each
of these preferred location sites and why such efforts were
unsuccessful;
(iii)Why the use of a preferred location site is not technologically,
legally or economically feasible;
(iv)How and why the proposed site is required to meet service demands
for the proposed facility and citywide network; and
(v) The distance between the proposed facility and the nearest residential
unit and residentially zoned properties.
e. A statement indicating proposed measures designed to minimize
potentially adverse visual effects on adjacent properties with
consideration given to design, unobtrusiveness, minimum height
necessary to accommodate antennae, avoidance of artificial light and the
color of the facility.
f. A statement describing the proposed fall zone around the facility.
g. If the application is for a new tower, a report from the manufacturer or
a licensed professional engineer describing the tower's maximum
capacity including the number of antennas it can accommodate for
collocation, taking into consideration radio frequency interference, mass,
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height, and other characteristics, as well as options to overcome any
problems those considerations may pose to service delivery.
h. A signed statement from the tower owner stating that the owner and
future successors will allow shared use of the tower if (1) capacity exists
based on current and planned use by owner; (2) a future applicant for
space on the tower agrees in writing to pay any reasonable charge for
shared use and (3) the potential use is technologically compatible.
i. A description of the security barrier surrounding the base of the tower
and accessory equipment. The description should include the method of
fencing, finished color and, if applicable, the method of camouflage and
illumination.
j. A description of the anticipated maintenance and monitoring program for
the antennae and back up equipment, including frequency of maintenance
services.
42.69.6 Inventory of Towers. Each applicant for an administrative or special permit
shall submit an inventory of its facilities and an inventory of the facilities of those companies
proposing to co -locate on the proposed facility (tower or antenna mount) within the city. No
permit will be approved unless the applicant demonstrates to the satisfaction of the City by
substantial evidence that no existing facility (whether or not owned by the applicant) can
accommodate, as is or through modification, the proposed facility. Substantial evidence to
demonstrate that no existing facility is suitable shall consist of any of the following:
(1) An affidavit demonstrating that the applicant made diligent efforts to install or co -
locate on existing towers and other existing structures within the geographic search
area as determined by a qualified radio frequency engineer.
(2) An affidavit demonstrating that existing towers and structures located within the
geographic search area, as determined by a qualified radio frequency engineer, and
within one mile radius of the proposed tower site do not have the capacity to
provide reasonable technical service consistent with the applicant's technical system,
including but not limited to, applicable FCC requirements.
(3) Written technical evidence from a qualified radio frequency engineer that existing
towers and structures within the geographic search area are not of sufficient height
to meet the applicable FCC requirements.
(4) Written technical evidence from a qualified structural engineer that existing towers
and structures within the geographic search area do not have sufficient structural
strength to support the proposed facility.
(5) A written statement from a qualified radio frequency engineer submitting technical
evidence substantiating his opinion that the existing towers and structures within the
geographic search area are incompatible due to electromagnetic/radio frequency
interference or interference with public safety communications or the usual and
customary transmission or reception of radio, television, or other communications
service enjoyed by surrounding properties and that antenna on the existing tower or
structure cannot be relocated on the existing structure to accommodate additional
users.
(6) An affidavit that the fees, costs, or contractual provisions required by the owner to
share an existing tower or structure within the geographic search area or to adapt
an existing tower or structure within the geographic search area for sharing, are
unreasonable.
(7) The applicant demonstrates that there are other limiting factors that render existing
towers and structures within the geographic search area and within a one mile radius
of the proposed tower site unsuitable.
(8) The applicant demonstrates that state of the art technology used in their wireless
telecommunications business and within the scope of the applicant's FCC license is
unsuitable for the site involved.
(9) The applicant demonstrates that there are other limiting factors that render existing
towers and structures within the geographic search area and within a one mile radius
of the proposed tower site unsuitable.
42.69.7 Standards for Evaluation of Special Permit Applications.
(1) The Planning Commission or Board of Commissioners may approve, by special
permit, a wireless communication facility in any zoning district after review and
consideration of all of the following:
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1. Conformity with the city's Comprehensive Plan.
2. Preference of site location in accordance with Subsection (d).
3. Compatibility with abutting property and surrounding land uses.
4. Adverse impacts such as visual, environmental or safety impacts.
5. Color and finish of the proposed tower.
6. Screening potential of existing vegetation, structures and topographic features.
7. Potential for adequate screening of proposed facilities, ground level equipment,
and tower base.
8. Scale of facility in relation to surrounding land uses.
9. Impact on entry corridors into the city.
10. Impact on landmark structures, historically significant structures or districts,
or architecturally significant structures.
(2) An application to construct new towers may be denied if the applicant has not
shown by substantial evidence that it has made a good faith effort to mount the
facilities on an existing structure and/or tower.
(3) Locations in sensitive location sites shall be considered only if the applicant:
a. Provides evidence showing what good faith efforts and measures were
taken to secure a preferred location site or limited preference site within
one mile of the proposed facility; and
b. Demonstrates with engineering evidence why each such preferred location
site or limited preference site was not technologically or economically
feasible.
42.69.8 Performance standards. Unless otherwise specified, all wireless
communication facilities shall comply with the following performance standards. The Planning
Commission may recommend and the Board of Commissioners may grant a waiver from these
standards when supported by sufficient justification and if the purpose and objectives of this section
would be better served thereby.
(1) Height. The maximum height for a communications tower is 200 feet,
excluding a lightning rod not to exceed 20 ft. All new towers in excess of 100
feet shall be designed to accommodate at least 2 providers and those in excess
of 150 feet at least 3 providers.
(2) Design type. All towers, except those designed as an architecturally
compatible element, shall be a monopole design unless otherwise specifically
approved by the Board of Commissioners. Guyed towers shall not be
permitted.
(3) Setbacks. Towers shall be set back from any property line or a public right-
of-way a distance equal to the tower height. Towers, except those designed
as an architecturally compatible element, shall be set back 400 feet from any
surrounding property zoned for single-family or two-family residential use.
(4) Facility Appearance.
a. Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color to reduce
visual obtrusiveness so as to be consistent with the natural or built
environment of the site.
b. The design of the equipment structure and any other associated permitted
structures shall, to the maximum extent practicable, use materials,
colors, textures, screening, and landscaping that minimize the visual
impact and enhance compatibility with the surrounding natural or built
environment. Additionally the design of the site shall also comply with
any design guidelines as may be applicable to the particular zoning
district in which the facility is located.
C. For co -located telecommunications facilities, the antenna and supporting
electrical and mechanical equipment must be a neutral color that is
identical to, or closely compatible with, the color or the supporting
structure to minimize the visual impact and enhance compatibility with
surrounding development.
(5) Lighting. No signals, artificial lights, or illumination shall be permitted on
any facility unless required by the FAA or other applicable authority. If
required, the lighting shall be designed to minimize off-site impacts. Security
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lighting around the base of the tower may be provided if the lighting is
shielded so that no light is directed towards adjacent properties or rights-of-
way.
(6) Security Fencing. Towers and associated accessory buildings and equipment
shall be enclosed by a security fence or wall that is a minimum of six (6) feet
in height and is equipped with an anti -climbing device or apparatus. Access
shall be through a locked gate or door in the required fence or wall.
Additional measures may be required as a condition of the issuance of an
administrative permit as deemed necessary by the Planning Director or the
Planning Commission or Board of Commissioners in the case of a special
permit, so long as the additional measures are reasonably related to a security
issue.
(7) Outdoor Storage. No outdoor storage of vehicles, materials, or equipment is
permitted. Equipment not used in direct support of the facility shall not be
stored or parked on site unless repairs to the facility are being made.
(8) Signs. No signs, including commercial advertising, logo, political signs,
flyers, flags, or banners, but excluding warning signs, shall be allowed on any
part of the tower or antenna site. Any signs placed in violation of this section
shall be removed immediately at the owner or operator's expense.
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 surrounding the
structure.
b. "NO TRESPASSING" warning signs shall be permanently attached to
the fence or wall surrounding the structure and spaced no more than 40
feet apart; (a) the height of the lettering of the warning signs shall be at
least 12 inches and the signs shall be installed at least 5 feet above the
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 24 hours a
day in case of an emergency shall be permanently attached to the fence.
(9) Parking. Each facility site shall provide paved parking for use by maintenance
personnel. A minimum of one space shall be provided per user located on the
facility site. No vehicle storage shall be permitted.
(10) Landscaping. Facilities must comply with all applicable landscaping
requirements of the Zoning Ordinance. The Planning Director, Planning
Commission or Board of Commission may require landscaping in excess of
those requirements in order to enhance compatibility with adjacent uses or
zoning districts. At a minimum, the landscaping shall consist of a landscape
strip of not less than ten (10) feet in width planted with materials which will
provide a visual barrier to a minimum height of six (6) feet, as approved by
the City. The landscape strip shall be exterior to any security fence or wall.
(11) Facility Replacement.
(1) Modification to Existing Site. Up to 50% of the height of an existing
tower may be replaced with no resulting increase in height as part of
modifications made to provide for co -location of a new facility.
Replacement of more than 50% shall be considered a new tower and
shall meet all of the applicable requirements for new construction.
(2) Rebuilding Damaged or Destroyed Existing Site. Existing tower and
facilities that are damaged or destroyed may be rebuilt through
administrative review and approval by the Planning Director provided
the replacement tower or facility is the same as the original in type,
location, and intensity or brings a previously nonconforming tower or
facility into a greater conformance with these standards, and no more
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than 50 % of the tower or facility is involved. If more than 50 % of the
tower or facility is involved, 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 permit or special permit and building permit shall be
obtained and be completed within 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.
(12) Removal of Abandoned Facility.
Any facility deemed abandoned pursuant to this chapter or any facility that is
not operated for a continuous period of twelve months shall be considered
abandoned, and the owner or last operator thereof shall remove it within
ninety days of receipt of a "written notice to remove" from the City. Failure
to remove an abandoned tower or facility within ninety days shall be grounds
to remove it at the owner's or last operator's expense. If there are two or
more users of a single tower or facility, then this provision shall not become
effective until all users cease using it.
42.69.9 General Requirements. Wireless communication providers shall comply at all
times with the current applicable FCC and FAA standards and regulations. Prior to the issuance
of a building permit to construct a facility, the owner/applicant or operator/applicant shall provide
the City with the required clearances, licenses and certifications from all agencies of the federal
government with the authority to regulate towers and antennas.
(1). Building Codes; Safety Standards.
To ensure the structural integrity of towers the owner or operator of a tower
shall ensure that it is maintained in compliance with standards contained in
applicable federal, state or local building codes and the applicable standards
for towers that are published by the Electronic Industries Association ("EIA")
as amended from time to time. If, upon inspection, the building official
concludes that a tower fails to comply with such codes and standards, then
upon notice being provided to the operator or owner of the tower, the operator
shall have thirty (30) days to bring the tower into compliance with such
standards. Failure to bring a tower into compliance within thirty (30) days
shall constitute grounds for removal of the tower at the owner or operator's
expense.
(2) Structural Design. Towers shall be constructed to current EIA standards,
which may be amended from time to time, and all applicable building codes
adopted by the City. Furthermore, any improvements and/or additions to
existing towers shall comply with the requirements of this chapter and shall
require submission of construction plans sealed and verified by a professional
engineer which demonstrate compliance with the EIA standards and all other
good industry practices. The plans shall be submitted and reviewed at the
time building permits are requested."
Section 2. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
{SEAL}
ATTEST:
VWU&x-1--
Lieu Ann Nicola, City Clerk
Introduced: May 21, 2001
Passed: June 4, 2001
stin M. Seaton, Mayor