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HomeMy WebLinkAbout~Master - Establishing Zoning Regulations for Wireless Communications Services/Towers ORDINANCE NO. 3421 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY ENACTING A NEW AND ADDITIONAL SECTION TO BE NUMBERED SECTION 29.85, FOR THE PURPOSE OF ESTABLISHING ADDITIONAL ZONING REGULATIONS PERTAINING TO TOWERS AND OTHER THINGS ASSOCIATED WITH PERSONAL WIRELESS COMMUNICATIONS SERVICES;REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Section 29.85 as follows: "Sec.29.85. WIRELESS COMMUNICATIONS CELL SITES,ANTENNAE,AND ANTENNA SUPPORT STRUCTURES. (1) Scope,Purpose,and Policy. The provisions of this section apply to,and apply only to, the placement, construction and modification of that which is called "personal wireless service facilities"in section 704 of the Telecommunications Act of 1996. It is the intent of these regulations to not unreasonably discriminate among providers of functionally equivalent services and to not have the effect of prohibiting the provisions of personal wireless services. Any request for authorization to place,construct,or modify personal wireless service facilities shall be acted on within a reasonable time after the request is duly filed with the proper city office under applicable zoning regulations taking into account the scope and nature of such request. Any decision to deny a request to place,construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. (2) Definitions. For the purpose of this section,the following definitions shall apply: (a) 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 of the cell site shall be used in calculating the antenna height. (b) Antenna Support Structure. Any tower or any other structure which supports a device used in the transmitting or receiving of radio frequency energy. (c) 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. (d) Tall Structure. Any structure the top of which is more than fifty(50)feet above grade. (3) Special Use Permit Not Required. 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 tall structure by more than 20 feet. If the antenna is to be mounted on an existing tall structure,a site plan shall not be required. (4) Special Use Permit is Required. A cell site with antenna that is either not mounted on an existing tall structure,or is more than 20 feet higher than the tall structure on which it is mounted shall not be permitted except pursuant to a special use permit issued by the Zoning Board of Adjustment pursuant to both Section 29.45 and the provisions of this section. (5) Ancillary Activities. All other uses and activities ancillary to the antenna and associated equipment(including a business office,maintenance depot,vehicle storage,etc.)are prohibited from a cell site,unless otherwise permitted pursuant to the zoning regulations for the zoning district in which the cell site is located. (6) Mono-poles Required. With respect to any cell site located in other than industrial zoning districts,all antenna support structures shall be of the type called"mono-pole". Lattice or guyed towers are prohibited in all zoning districts except industrial zoning districts. No antenna support structure other than the "mono-pole" type shall be permitted, either pursuant to subsection 2 or subsection 3 above,in any residential,agricultural,commercial,or hospital-medical zoning district. (7) Standards for Special Use Permit. The following standards and procedures,in addition to those contained in Section 29.45,shall apply to the issuance of a special use permit for a cell site with antenna: (a) Necessity. The wireless communications company shall demonstrate, using technological evidence,that the antenna must be located where it is proposed in order to satisfy the antenna's function in the company's grid system. (b) Co-location Effort. If the wireless communications company proposes to build a tower(as opposed to mounting the antenna on an existing tall structure),it shall 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 tall structures,and was denied for reasons other than failure to agree on compensation. The Zoning Board of Adjustment may deny the permit if it concludes that the applicant has not made a good faith effort to mount the antenna on an existing tall structure. (c) Antenna Height. The applicant shall demonstrate,to the reasonable satisfaction of the Zoning Board of Adjustment, that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. (d) Setbacks From Base of Antenna Support 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: i. Fifty(50)percent of antenna height. ii. The minimum setback in the underlying zoning district. iii. Sixty(60)feet. (e) Antenna Support Structure Safety. The applicant shall demonstrate, to the reasonable satisfaction of the Zoning Board of Adjustment, 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. (f) Fencing. An opaque fence shall be installed 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. (g) Co-location. 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. (h) FCC License. The wireless communication company shall provide proof that it is licensed by the Federal Communications Commission. (i) 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. 6) Painting. Antenna support structures should be painted in such a manner as to reduce the visual impact and create a harmonious appearance with its surroundings. (k) Site Plan. A full site plan shall be required for all cell sites,showing the antenna, antenna support structure,building,fencing,buffering,and access. (1) Air Safety. Support structures 200 feet in height or taller,or those near airports, shall meet all Federal Aviation Administration regulations." (8) Changes. There shall be no change in the exterior appearance of a cell site,including any change in the profile of the antenna support structure,that is a departure from or addition to what was shown or represented in the application for the granted special use permit,without first obtaining a new special use permit for that cell site through the same process as for obtaining the initial special use permit,including the review and recommendation of the Planning and Zoning Commission. (9) Engineered Addition. If an additional antenna is installed on an existing antenna support structure,engineering data and certification by a licensed professional engineer assuring that the installation is structurally sound within the standards of good engineering practice shall be provided to the City Building Official. (10) Removal. If a cell site,or any antenna support structure,is not used for a period of one year,it shall be the duty and obligation of the party then in possession and control of the site to have the unused antenna support structure and any other unused cell site apparatus completely dismantled and removed from the site. Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in Section 1.9 of the Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 28th day of January , 1997 Sandra L. Ryan,City Clerk arry R.Curtis, yor 0431