98-9885 Zoning Regulations(Published in the Salina Journal on August24 1998)
ORDINANCE NUMBER 98-9885
AN ORDINANCE ADDING SECTION 42-69 TO THE SALINA CODE ESTABLISHING
STANDARDS AND REGULATIONS FOR INSTALLATION OF COMMUNICATION
TOWERS AND ANTENNAS WITHIN THE CITY.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 42-69 is hereby added to the Salina Code to read as follows:
"Section 42-69. Communication Tower Regulations
(a) Purpose and objectives. The purpose of these regulations is to
establish standards and requirements for the siting of commercial wireless
telecommunications facilities. The objectives are as follows:
Encourage the location of communication towers and other
antenna mounts in non-residential areas and on sites where
the adverse impact is minimal.
2. Encourage the joint use of new and existing communication
towers and other antenna mounts.
3. Encourage towers, other antenna mounts and antennas to be
designed and installed in a manner that minimizes any
adverse visual impact.
4. Encourage telecommunication facilities to be provided to the
community in a safe, effective and efficient manner.
(b) Definitions. For purposes of this section, the following words
and terms as used herein are defined to mean the following:
Antenna: Any structure or device used to transmit or
receive electromagnetic or optical signals for television,
radio, digital, microwave, cellular, telephone or similar forms
of wireless telecommunication.
2. Antenna mount: Any structure used to support one or more
antennas, including communication towers, bell steeples,
clock towers, water towers, light poles, and the roofs and
walls of buildings.
3. Co -location: Locating wireless telecommunication
equipment owned by more than one provider on a single
tower or antenna mount.
4. Communication tower: Any structure used to support one
or more antennas, including guyed towers supported by guy
wires and ground anchors, lattice towers either self-
supporting or guyed, or self-supporting monopole towers.
(c) Applicability. All antennas and antenna mounts, any portion of
which are located within the City of Salina, shall be subject to these
regulations, except as otherwise provided below.
Amateur radio operators. The requirements of this section
shall not govern any short-wave radio tower that is under
thirty-five (35) feet in height and is owned and operated by a
federally -licensed amateur radio station operator or is used
exclusively for receive -only purposes.
2. Non -conforming uses. Towers or other antenna mounts that
are constructed and antennas that are installed in accordance
with the provisions of this ordinance, although additions to
the property, shall not be deemed to constitute the expansion
of a non -conforming use or structure.
Parcel boundaries. For purposes of determining whether the
installation of a communication tower or antenna complies
with zoning district 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 lots.
4. Pre-existing facilities. Pre-existing communication towers,
other pre-existing antenna mounts, and pre-existing antennas
shall not be required to meet the requirements of this section
except upon expansion or reconstruction.
Principal or accessory use. Antennas, communication
towers and other antenna mounts, and equipment accessory
to the same, may be considered either principal or accessory
uses. A different existing use or an existing structure on the
same lot shall not preclude the installation of an antenna,
communication tower or other antenna mount, and
equipment accessory to the same on such lot.
6. Satellite dish antennas. The provisions of this section shall
not apply to satellite dish antennas smaller than 72 inches in
diameter mounted to the ground or on walls or roofs of
buildings in non-residential zoning districts or to such
antennas smaller than 36 inches in diameter mounted on
walls or roofs of buildings in residential zoning districts.
7. Utility poles. The provisions of this section shall not apply
to utility poles which are utilized for the support of
electrical, telephone, cable television, or other similar cables
and wires, located on public rights -of -ways or easements for
that purpose, and are a part of a system of such poles
throughout the City of Salina.
(d) Zoning Requirements. Communication towers shall be
permitted in all zoning districts except that in residential districts towers
may not exceed 70 feet in height, unless approved to be higher under the
provisions of subsection (e), and shall be located only on residential
property to serve a home-based amateur radio operator or on non-
residential property to directly serve as accessory to a principal use
existing thereon. Other antenna mounts shall be permitted in all zoning
districts.
Permitted by right. Communication facilities are permitted
by right in the following zoning districts:
a. Communication antennas supported by antenna
mounts designed as an architecturally compatible
element to a non-residential use, building or
structure (school, church, fire station, water tower,
etc.) may be installed in any zoning district subject
to the height and setback requirements of said
district and the performance standards in subsection
(e) 5 and 6.
b. Communication antennas and mounts may be
installed on any structure (building, utility pole,
water tower, etc.) which is at least 35 feet in height
and located in any non-residential zoning district
provided that the antennas and mounts add no more
than 20 feet to the height of said structure subject to
the performance standards in subsection (e) 5 and 6.
C. Communication towers, mounts and antennas may
be installed in the A-1, I-2 and I-3 zoning districts
at a maximum height of 150 feet, with a lightning
rod not exceeding an additional 20 feet, subject to
the performance standards in subsection (e) 1-10.
2. Permitted by conditional use permit. Communication
facilities not permitted by right may not be installed without
first obtaining a conditional use permit. Each application
shall contain the following information:
a. A preliminary site development plan.
b. A report from the manufacturer or a licensed
professional engineer which describes the tower's
capacity, including the number and type of antennas
it can accommodate.
C. A statement explaining the need for the facility to
complete or maintain the integrity of the
communication system including a map of the
service area of the proposed tower.
d. A study comparing all potential host sites within a
one-half mile radius of the proposed site. The study
shall include existing buildings and towers in excess
of 100 feet tall, vacant sites potentially suitable for a
tower, the ability or inability of the
site/tower/building to meet the applicant's needs
and the reasons why the site/tower/building was
excluded from consideration.
e. A signed statement from the applicant indicating
their intention to share space on the tower with
other providers. The statement shall address the
applicant's willingness to respond in a timely
manner to inquiries from other providers and
provide them technical information needed to
evaluate the feasibility of co -location or to
modify/rebuild the tower.
f. A copy of the lease between the applicant and the
landowner. The lease shall contain the following
provisions: (1) the landowner and the applicant
shall have the ability to enter into leases with other
providers for co -location 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.
(e) Performance standards. Unless otherwise specified, all
communication facilities shall comply with the following performance
standards. The Planning Commission may recommend and the City
Commission may grant a waiver or reduction 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 feet. All
new towers in excess of 100 feet shall be designed to
accommodate at least 2 providers and in excess of 150 feet
at least 3 providers.
2. Setbacks. Towers shall be set back from any property line a
distance equal to at least half the tower height. Towers,
except those designed as an architecturally compatible
element, shall be set back a distance equal to at least the
height of the tower from any surrounding property zoned for
single-family or two-family residential use.
3. Separation. All towers over 100 feet in height, except those
designed as an architecturally compatible element, shall be
separated from each other by a distance of at least 1/2 mile
unless located in an I-2 or I-3 zoning district or in a
designated -Tower Clustering Area.
4. Design type. All towers, except those designed as an
architecturally compatible element, shall be a monopole
design unless specifically approved to be otherwise.
5. Color and finish. All towers, except those designed as an
architecturally compatible element, shall be silver, gray or a
similar unobtrusive color unless specifically required by the
FAA to be painted a more visible color or approved to be
otherwise.
6. Lighting. Towers shall only be illuminated if required by the
FAA. No strobe lights shall be used. Security lighting may
be installed around the base of a tower or an accessory
structure if no light is cast towards adjacent properties or
streets.
7. Fencing. Towers may be enclosed by a chain link fence
equipped with an anti -climbing device, except where an
architecturally compatible solid screening fence is required.
8. Parking areas and drives. All parking areas and drives shall
meet the requirements of the zoning district where located.
9. Accessory uses. Accessory uses shall include only such
buildings and facilities necessary for communication
functions unless permitted by the zoning district where
located. All accessory buildings shall be constructed of
building materials consistent with the primary use of the site.
10. Landscaping. Landscaping shall be provided if required by
the zoning district where located.
(f) Co -Location. Each applicant for a communication tower permit
shall provide a signed statement indicating that reasonable
accommodations will be made to lease space on the tower to other
providers. The statement shall affirm the applicant's willingness to
respond in a timely manner to inquiries from other providers and provide
them technical information needed to evaluate the feasibility of co -
location or to modify/rebuild the existing tower.
(g) Removal of abandoned facilities. Any tower, mount, or
antenna that is not operated for a continuous period of 12 months shall be
considered abandoned, and the owner of the facility shall remove same
within 90 days from a receipt of notice to remove from the governing
authority. If such facility is not removed within said 90 days, the
governing authority may remove such facility 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."
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: n
7JUy .4 , CMC, Cit lerk
Introduced: August 10, 1998
Passed: August 17, 1998
po�
Peter F. Brungardt, May