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HomeMy WebLinkAboutA002 - Council Action Form dated November 12, 1996 ITEM#: = ' DATE: 11/12/96 COUNCIL ACTION FORM SUBJECT: OPTIONS FOR REGULATING COMMUNICATION TOWERS. ACTION FORM SUMMARY: Staff has developed four ordinance options that will improve the zoning authority relative to Communications Towers. Staff recommends that City Council direct the City Attorney to prepare the necessary amendments to the zoning ordinance to incorporate the selected option into the zoning ordinance. BACKGROUND: At the Council meeting of October 22, 1996, staff presented a report that outlined the history of wireless technology, recently adopted federal regulations regarding wireless technology, Ames current regulations regarding wireless technology, and some brief examples of several techniques to regulate wireless technology. ANALYSIS: GROWING TECHNOLOGY. The wireless communications industry, which includes cellular telephones, is a growing business sector driven by public demand. And, not surprisingly, for those with demanding lifestyles where commuting, scheduling, and transporting often require considerable mobility and flexibility, such services are becoming necessary. Also, most police departments, emergency services, and medical personnel are adding cellular phone technology to their capabilities to assist in performing their jobs. Nationwide, 30 million customers are served by 18,000 cell sites. Five million more users are projected by 1998. As the previous staff report indicated, Ames already accommodates several cell sites. However, in order for the wireless communications network to function smoothly in Ames as usage rises, even more towers and antennas are anticipated for the area. (Each tower processes a finite number of calls.) This raises the planning dilemma of how to select wireless communication facility sites that are appropriate and yet compatible with surrounding land uses. Transmitting and receiving calls through a wireless communication facility requires wireless communication providers to locate antennas on topographic high points or upon tall structures. Siting wireless communication facilities within Ames poses the need for a greater number of towers due to the scarcity of tall buildings or structures. In some areas, towers may seem imposing and may be viewed as intrusions upon the landscape since they can range from 25 to 200 feet in height. The towers are safe structures that are built to the standards of the American National Standards Institute (ANSI). Wireless carriers also adhere to stringent Federal Communications Commission and Federal Aviation Administration rules governing tower construction, maintenance, and safety. PROPOSED REGULATIONS FOR WIRELESS COMMUNICATION ANTENNAS. • Option 1 is simply a copy of Section 29.45 as is proposed to be amended. This option incorporates the existing special use permit regulations as they are written and simply makes an explicit reference to wireless communication service facilities. • Option 2 is Section 29.45 as proposed to be amended plus an additional provision regarding co-location. This option incorporates the existing special use regulations as the are written and references wireles service facilities plus adds a provision that requires the applicant to show a good faith effort at co-locating antenae devices. There is not an absolute requirement to co-locate. • Option 3 is an ordinance example taken from the Planning Advisory Service that has been adapted for the City of Ames. This option includes more specific requirements for wireless communication facilities, including clear definitions, height limitations, a co-location effort, setbacks, fencing and parking requirements. • Option 4 is the same ordinance example used in Option 3 that allows cellular communication towers as a permitted use in the General Industrial zones of the City. This option is the same as Option 3, but allows wireless communication facilities as a permitted use instead of a special use in the City's General Industrial Zoning Districts. Option 1 "Sec. 29.45 SPECIAL USE PERMITS (1) Intent and Purpose. Rather than permitting all of the many and varied land use activities within one or more zoning districts, it is recognized that some activities and structures should be permitted only pursuant to a set of procedures and standards that will allow, on the one hand, practical latitude for the investor or developer, but that will, at the same time, maintain sound provisions for the protection of the health, safety, convenience and general welfare of the public. This section lists certain land uses and structures which, because of their particular and unique characteristics, require special consideration in relation to 2 the welfare of adjacent properties and to the community as a whole. The land uses and structures listed in this section are permitted only if first authorized by the issuance of a special use permit by the Zoning Board of Adjustment. The Zoning Board of Adjustment may, after public hearing, and after receiving a recommendation from the Planning and Zoning Commission, and subject to such protective restrictions as the Board stipulates, authorize the location, construction, extension or structural alteration of any of the following structures or uses in any appropriate district: (a) Airport, landing field, or landing strip, (b) Radio or television broadcasting towers, towers for wireless communication service facilities, or any other kind of telecommunications apparatus tower, (c) Private community building or recreation center, (d) Institutions of eleemosynary or philanthropic character, (e) Day care centers for children, (f) Private clubs, (g) Extraction of topsoil, gravel, sand, or other natural resources except that in any such operation, there shall be a restoration plan filed with the City of Ames which plan shall contain the following: (i) A physical restoration plan showing the condition and proposed contour of the land after restoration, plantings, and other special features of the restoration and the method by which such restoration is to be accomplished. (ii) An agreement with the City and a bond, written by a licensed surety company, a certified check or other financial guarantee satisfactory to the City Attorney in an amount sufficient to secure the performance of the restoration agreement. (h) Public utility uses and structures." Option 2 "Sec. 29.45 SPECIAL USE PERMITS (1) Intent and Purpose. Rather than permitting all of the many and varied land use activities within one or more zoning districts, it is recognized that some activities and structures should be permitted only pursuant to a set of procedures and standards that will allow, on the one hand, practical latitude for the investor or developer, but that will, at the same time, maintain sound provisions for the protection of the health, safety, convenience and general welfare of the public. This section lists certain land uses and structures which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. The land uses and structures listed in this section are permitted only if first authorized by the issuance of a special use permit by the Zoning Board of Adjustment. The Zoning Board of Adjustment may, after public hearing, and after 3 receiving a recommendation from the Planning and Zoning Commission, and subject to such protective restrictions as the Board stipulates, authorize the location, construction, extension or structural alteration of any of the following structures or uses in any appropriate district: (a) Airport, landing field, or landing strip, (b) Radio or television broadcasting towers, towers for wireless communication service facilities, or any other kind of telecommunications apparatus tower, (i) The wireless communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. (i i) If the wireless communications company propose to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other wireless communications companies, other communications towers (fire, police, etc.), and other tall structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure. (c) Private community building or recreation center, (d) Institutions of eleemosynary or philanthropic character, (e) Day care centers for children, (f) Private clubs, (g) Extraction of topsoil, gravel, sand, or other natural resources except that in any such operation, there shall be a restoration plan filed with the City of Ames which plan shall contain the following: (i) A physical restoration plan showing the condition and proposed contour of the land after restoration, plantings, and other special features of the restoration and the method by which such restoration is to be accomplished. (i i) An agreement with the City and a bond, written by a licensed surety company, a certified check or other financial guarantee satisfactory to the City Attorney in an amount sufficient to secure the performance of the restoration agreement. (h) Public utility uses and structures." Option 3 A. Definitions. For the purpose of this section, the following definitions shall apply: Antenna Height-- The vertical distance measured from the base of the 4 antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades of the cell site shall be used in calculating the antenna height. Antenna Support Structure -- Any tower or any other structure which supports a device used in the transmitting or receiving of radio frequency energy. Cell Site -- A tract or parcel of land that contains the wireless communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with and necessary for wireless communication transmission. B. Use Regulations. 1 . A cell site with antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure, is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 20 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required. 2. A cell site with antenna that is either not mounted on an existing structure, or is more than 20 feet higher than the structure on which it is mounted requires a Special Use Permit in all districts. 3. All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located. C. Procedural and Co-location Standards of Approval of Special Use Permits. 1 . The wireless communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. 2. If the wireless communications company propose to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other wireless communications companies, other communications towers (fire, police, etc.), and other tall 5 structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure. 3. In addition, the issuance of a Special Use Permit for the installation of a wireless communication antenna must also meet all other existing regulations regarding wireless communication antennas as set out in section 29.45 of the Ames Zoning Ordinance. D. Standards of Approval of All Wireless Communication Antennae. 1 . Antenna Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. 2. Setbacks From Base of Antenna Support Structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy anchors and any property line shall be the largest of the following: a. Fifty (50) percent of antenna height. b. The minimum setback in the underlying zoning district. C. Sixty (60) feet. 3. Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers. 4. Fencing. An opaque fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a maximum of six (6) feet in height and serve to screen the base of the structure and improve security. 6 5. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other wireless communications companies, and local police, fire, and ambulance companies. 6. The wireless communication company must demonstrate that it is licensed by the Federal Communications Commission. 7. Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift. 8. Antenna support structures should be painted in order to reduce the visual impact and create a harmonious appearance with its surroundings. 9. A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in the municipality's Subdivision Ordinance. The site plan shall not be required if the antenna is to be mounted on an existing structure. 10. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. Option 4 A. Definitions. For the purpose of this section, the following definitions shall apply: Antenna Height-- The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades on the cell site shall be used in calculating the antenna height. Antenna Support Structure -- Any tower or any other structure which supports a device used in the transmitting or receiving of radio frequency energy. Cell Site -- A tract or parcel of land that contains the wireless communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with and 7 necessary for wireless communication transmission. B. Use Regulations. 1 . A cell site with antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure, is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 20 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required. 2. A cell site with antenna that is either not mounted on an existing structure, or is more than 20 feet higher than the structure on which it is mounted, requires a Special Use Permit in all districts, except for general industrial districts in which they shall be a permitted use. 3. All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located. C. Procedural and Co-location Standards of Approval of Special Use Permits. 1 . The wireless communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. 2. If the wireless communications company propose to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other wireless communications companies, other communications towers (fire, police, etc.), and other tall structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure. 3. In addition, the issuance of a Special Use Permit for the installation of a wireless communication antenna must also meet 8 all other existing regulations regarding wireless communication antennas as set out in section 29.45 of the Ames Zoning Ordinance. D. Standards of Approval of All Wireless Communication Antennae. 1 . Antenna Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. 2. Setbacks From Base of Antenna Support Structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy anchors and any property line shall be the largest of the following: a. Fifty (50) percent of antenna height. b. The minimum setback in the underlying zoning district. C. Sixty (60) feet. 3. Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers. 4. Fencing. An opaque fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a maximum of six (6) feet in height. The fence shall serve to screen the base of the structure and improve security. 5. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other wireless communications companies, and local police, fire, and ambulance companies. 9 6. The wireless communication company must demonstrate that it is licensed by the Federal Communications Commission. 7. Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift. 8. Antenna support structures should be painted in order to reduce the visual impact and create a harmonious appearance with its surroundings. 9. A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in the municipality's Subdivision Ordinance. The site plan shall not be required if the antenna is to be mounted on an existing structure. 10. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. STAFF COMMENTS: Due to the increasing demand for this technology, staff believes the City Council should give priority to addressing wireless communication facilities as a necessary land use, and take measures to accommodate the technology through appropriate amendments to the existing zoning regulations. ALTERNATIVES: 1 . The City Council can select Option 1 and direct the City Attorney to prepare the necessary amendments to the zoning ordinance for review by the Planning and Zoning Commission and public hearing and adoption. 2. The City Council can select Option 2 and direct the City Attorney to prepare the necessary amendments to the zoning ordinance for review by the Planning and Zoning Commission and public hearing and adoption. 3. The City Council can select Option 3 and direct the City Attorney to prepare the necessary amendments to the zoning ordinance for review by the Planning and Zoning Commission and public hearing and adoption. 10 4. The City Council can select Option 4 and direct the City Attorney to prepare the necessary amendments to the zoning ordinance for review by the Planning and Zoning Commission, public hearing and adoption. 5. The City Council can select any of the Options with modifications. 6. The City Council can refer this issue back to staff for additional information. RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative No 3. This will select Option #3, as prepared by staff, and direct the City Attorney to prepare the necessary amendments to the zoning ordinance for review by the Planning and Zoning Commission, public hearings and adoption. Staff believes this is the preferred ordinance since it contains the provision for towers being approved through a Special Use Permit, encourages co-location, and addresses aesthetic concerns through a screened fence and setbacks. h\bpo\caf\towe rs2.n 12 11