HomeMy WebLinkAboutA002 - Memo dated January 18, 2018 with Commission Action Form ` S
C8 Y OF
� s
z
PL
AN x# Memo
Department of Planning&Housing
Caring People _
Quality Program
Exceptional Service
TO: Diane Voss, City Clerk
FROM: Justin Moore,Planner
DATE: January 18, 2018
SUBJECT: Text._men dment''-din Communications
The Planning and Zoning Commission took action on the above-mentioned amendment to the Zoning
Ordinance at its meeting of January 17, 2018. PLLb
The-City-council`v�i1'l-beYrevew>rigytlis-proposadwamen•merit's meetmg'-r flVlareh=6;
I have attached a copy of the Commission Action Form dated January 17, 2018.
Please contact me at extension 5400 if you have any questions regarding this agenda item.
JM\lb
Attachment
S:\PLAN—SHR\Council Boards Commissions\PZ\Memo to Clerk Regarding Text Amendments to Council-Master.doc
ITEM: 7
DATE: 1/17/2018
COMMISSION ACTION FORM
SUBJECT: WIRELESS COMMUNICATIONS FACILITIES TEXT AMENDMENT
BACKGROUND:
The operation of wireless communication facilities are licensed and regulated by the
Federal Communications Commission (FCC). The principal law regarding regulation
of personal wireless services is the Telecommunications Act of 1996, which among
others things, sets forth the policy of the federal government to promote deployment of
personal wireless services. To date, local authority regarding the siting of new wireless
facilities has been preserved when a local government does not act as a barrier to
providing wireless service consistent with the intent and provisions of the 1996
Telecommunications Act. However, in the past two years, a city's ability to
regulate construction of wireless transmission facilities or the manner in which a city
permits alterations of existing wireless facilities has come under state regulation that
further limits local authority.
In November of 2015 staff presented a report to the Planning & Zoning Commission
which outlined recent changes by the federal government and Iowa legislature relating
to how cities can regulate wireless transmission facilities as well as proposed changes
to current Ames zoning standards governing wireless communications facilities. In
2017, the Iowa legislature adopted additional rules which govern how cities regulate
"small wireless facilities." Small wireless facilities are considered to be no greater than 6
cubic feet in antenna size and no greater than 28 cubic feet, and are placed on new and
existing utility poles or existing tall tower facilities and support structures. The primary
intent of the 2017 changes was to establish the right for small wireless facilities to be
placed within rights-of way-on utility poles or other similar structures with administrative
permits.
In summary of the two Iowa Code changes, a city can no longer consider issues of
technology or business needs (e.g. proposed location or coverage objectives) for a
new wireless tower. The laws also allow for modifications to existing facilities that are
not substantial changes as defined by state law. Small wireless facilities as defined by
state law that are within the right-of-way or on public structures are to be approved
with administrative review when they are similar in size and appearance to other utility
poles and structures. The state law changes also allow for placement of any type of
wireless telecommunications equipment, not just personal wireless, as addressed by
federal law. Additionally, cities must act in specified time periods, otherwise an
application will be deemed approved.
To address the recent changes in state law, staff has drafted new standards
for the City's wireless communication facility standards of Section 29.1307
r
(Attachment A) of the Ames Municipal Code. The proposed changes principally
address definitions and the approval process for wireless facilities. Staff also
recommends that standards relating to permitting in the right-of-way be
addressed in Chapter 22A (Rights of Way) of the Municipal Code rather than the
zoning ordinance.
Ames allows for wireless telecommunication facilities in all zoning districts and the
current zoning ordinance does not distinguish between locations in the right-of-way and
private property. New towers are also allowed in all zoning districts subject to approval
of a Special Use Permit by the Zoning Board of Adjustment, based upon the height of
the tower exceeding 50 feet. Most commonly, new towers in the past five years in
Ames have been between 120 and 150 feet in height and can host two to three
wireless service providers. In specialty situations, towers may be lower in height and
host only one carrier. Alterations to existing facilities or co-location on existing
structures are administrative staff approvals provided that the alteration to a tower is
minor in nature. For example, placing wireless equipment on a water tower that already
exceeds 50 feet in height does not trigger a special use permit review nor does placing
an additional carrier's equipment on an existing tower.
The City's current ordinance was adopted in 2000 and was based on the premise
of supporting deployment of wireless services through a preference for co-location of
wireless antennas on existing facilities and to minimize the number of new towers
built in the city. Part of the criteria for a new tower was to consider the need for the
service and if it was feasible to collocate the facility in lieu of building a new tower. The
basic standards for siting a tower are setbacks based upon height, screening of ground
equipment, monopole construction, and no inference with airport operations. In large
part, these standards are maintained in the proposed new ordinance, except for the
ability to consider other co-location opportunities before constructing new towers.
Proposed Text Amendments
To clarify the applicability of the state law changes, staff describes below the changes
that are mandatory and as they related to rights-of-way and to private property sites.
Wireless Facilities on Private Property
The city's ability to require a Special Use Permit for siting of a wireless facility on private
property varies based on what is proposed as a new installation or modification. These
points are highlights of when the city can require a Special Use Permit and when it
cannot. Staff proposes to address these requirements with Chapter 29 zoning
standards.
The city may require a Special Use Permit when a wireless provider proposes to site a
wireless facility in the following manner:
• A public structure that does not currently support wireless communications
equipment such as a public building or a water tower.
• A new tower that exceeds 50 feet in height (optional standard).
• A new small wireless facility on private property in an exclusive single family
residential zone, such as RL, FS-RL, F-PRD, Village, or Historic District (optional
standard).
• Co-locating a small wireless facility in a zone that is exclusively single family
residential, such as RL, FS-RL, F-PRD, Village, or Historic District (optional
standard).
• When co-locating with an existing wireless facility or support structure causing a
change to the height or size of the structure by more than 10% or 20 feet
(whichever is greater).
The city cannot require a Special Use Permit when a wireless provider proposes to site
a wireless facility in the following manner:
• Locating a small wireless communications facility on a public structure that
already supports wireless communications equipment.
• A new wireless communications structure that is less than 50 feet in height
(optional standard).
• When co-locating a small wireless facility with existing wireless communications
equipment in any zone that is not exclusively single family residential zone, such
as the RL, FS-RL,F-PRD, Village, or a Historic District.
• When co-locating with an existing wireless facility or support structure causing a
change to the height or size of the structure by less than 10% or 20 feet
(whichever is greater).
Wireless Facilities in the Public Right-of-Way
The current zoning standards do not differentiate tower standards between rights-of-
way and private property. The new state laws address specific requirements in relation
to rights-of-way and utility poles. It is important to note that state law includes an
expansive definition of Utility Pole to include almost any type of existing pole in the right
of way or any new pole that is similar to a pole within 500 feet of the new pole. The
placement of wireless facilities in public right-of-way is generally limited to small
wireless facilities as defined by state law, antennas less than six cubic feet and
equipment less than 28 cubic feet. Staff proposes that the standards for review and
approval of small wireless facilities in the right-of-way be moved to Chapter 22A of the
Municipal Code and out of the Zoning Ordinance for ease of administration by staff.
The city may require a Special Use Permit for the siting of a wireless facility within
public right-of-way in the following manner:
• When siting small wireless communications equipment in the public right-of-way
in an exclusive single family residential zone, such as RL, FS-RL, F-PRD,
Village, or Historic District (optional standard).
• Changes to existing towers or utility poles that are substantial changes or do not
meet the definition of a small wireless facility (optional).
The city cannot require a Special Use Permit for the siting of a small wireless facility
within public rights of way in the following manner:
• Placement of wireless communications equipment on existing utility poles that
are not a substantial change.
• Placement of small wireless communications equipment (including support
structure of a new utility pole) within the public right-of-way in any zone that is not
exclusively single family residential zone, such as the RL, FS-RL,F-PRD, Village,
or a Historic District.
The proposed zoning text amendment includes revisions to the definitions, approval
standards and application process. These revisions have been written with recent
legislative changes in mind.
Applications
Staff has defined a new application process to distinguish between obtaining a Special
Use Permit from the Zoning Board of Adjustment and those that may be administratively
approved. The design standards will be the same for each permit, but the Special Use
Permit general criteria will not apply to the administrative wireless permits. The primary
threshold for determining a special use permit or administrative approval is the 50-foot
tall tower height or if the facility is a co-location or small wireless facility. Staff
recommends adding a requirement for visual simulations for new towers to accompany
required site plan and architectural plans. All applications for Special Use Permits for
new towers must be considered within 150 days of submission. Any application for a
substantial change on an existing tower must be acted upon within 90 days of
submission. Small Wireless facility applications must also be acted upon within 90 days
of submission.
Staff recommends creating an application to address temporary cell site installations
that would last for less than six months. Requests for temporary installations are usually
associated with events, such as football games, where additional capacity is needed but
not justified for a long term investment. Temporary towers would be exempt from most
other standards and only subject to Zoning Board of Adjustment Special Use Permit
approval if such towers exceed 50 feet in height. Staff is also proposing that temporary
towers be prohibited in all residential zones.
Separation & Design
The standards for co-location preference have been deleted as necessitated for
conformance to state law. The proposed text amendment does retain the separation
requirement between towers of a minimum of one quarter mile with an exception for
towers designed to be architecturally compatible with its surroundings or a stealth
design. Design options such as bell towers, trees or other aesthetically pleasing
architectural features help camouflage the appearance of a tower and can thus be
considered as having much less visual disruption to the area. The separation standard
does not apply to facilities located in the right-of-way.
Staff recommends adjusting the setback standard for new towers. Staff recommends
deleting the 60-foot minimum requirement and rely solely upon the 50% of the tower
height standard. Staff believes this change would act as a small incentive to construct
lower height towers since the setback would then be less for lower height towers.
Staff recommends deleting the requirement for a paved parking space with each facility.
The proposed design cannot interfere with other required parking on a site. Access to
facility must meet paving requirements unless approved by the Zoning Board of
Adjustment with a Special Use Permit. This change allows for consideration of the need
for paved access and parking for remotely located sites and minimize site disturbance.
Painting &Visual Aesthetics
The proposed standards outline methods that are meant to encourage compatible visual
aesthetics and address the visual impact of large towers in prominent locations. Towers
shall maintain a galvanized steel finish of gray or white. The base station related to
support structures and towers shall be screened with material consisting of colors,
textures and landscaping that blend them into the natural surroundings. Conduit or
cable must be concealed on towers. The proposed standards emphasize consideration
of stealth techniques and flush mount systems adjacent to residential uses, prominent
commercial areas and entryways into the City.
Monopole designs are permitted throughout the City for new towers. Lattice or guyed
wire towers are prohibited unless located within industrial zoning districts.
ALTERNATIVES:
1. The Planning & Zoning Commission can recommend to City Council that the
standards for wireless facilities in the right-of-way be addressed in a separate ordinance
modifying Chapter 22A and to approve the proposed changes to Chapter 29 zoning
standards for wireless communications facilities.
2. The Planning & Zoning Commission can recommend to City Council alternative
language for wireless communications facilities.
3. The Planning and Zoning Commission can request additional information and defer a
making recommendation.
RECOMMENDED ACTION:
In reviewing recent legislation staff believes the proposed new language in Section
29.1307 addresses the changes that must be made in order to comply with recent
legislation as well as criteria and options for wireless communications facilities that
address necessary requirements and the potential for aesthetically compatible facilities.
Prior to a public hearing before the City Council staff will work with the city attorney's
office for their review and input to finalize an ordinance.
Therefore, the Planning and Housing Director recommends Alternative #1 which
is to recommend that the City Council adopt new language governing wireless
communications facilities within Chapter 29 and address right-of-way installation
within Chapter 22A.
Attachment A
Sec.29.1307.WIRELESS COMMUNICATIONS FACILITIES
(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 a "wireless communications
facility".It is the intent of this ordinance to uphold the provisions of Section 704 of the
Telecommunications Act of 1996 and State law. It is the intent of this Ordinance not to discriminate
unreasonably among providers of functionally equivalent services and not to have the effect of
prohibiting the provision of wireless services.Any request for authorization to place,construct,or
modify personal wireless communications facilities shall be acted on within a reasonable time after
the request is duly filed with the proper city office,taking into account the scope and nature of such
request.Any decision to deny a request to place,construct or modify wireless communications
facility 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)Base Station means any structure or equipment that enables communication between
equipment and the network.Base Station includes but is not limited to equipment
associated with wireless communications services such as private,broadcast,and public
safety services and unlicensed wireless services and fixed wireless services such as
microwave backhaul.Base Station includes but is not limited to radio transceivers,
antennas, coaxial or fiber optic cable,regular and backup power supplies,and comparable
equipment,regardless of technological configuration. Base Station includes a structure
other than a tower that,at the time the relevant application is filed with the state or local
government,supports or houses equipment described in this subsection that has been
reviewed and approved under the applicable zoning or siting process,or under another
state or local regulatory review process,even if the structure was not built for the sole or
primary purpose of providing such support.
(b)Cell Site. Means 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)Collocation means the mounting or installation of additional transmission equipment on
a wireless support structure or tower already in use for the purpose of transmitting or
receiving radio frequency signals for communications purposes.
(f)Small Wireless Facility.A Small Wireless Facility means a wireless facility that is
consistent with the terms of the State of Iowa Code Section...and includes the following:
(1.)Each antennae is no more than 6 cubic feet in volume.
(2.)All other equipment associated with the small wireless facility is cumulatively no
more than twenty-eight cubic feet in volume.
(g) Substantial Change means an increase in height by more than twenty feet or 10%
(whichever is greater)when the tower is located outside public right-of-way,protruding
from the tower edge by more than twenty feet if outside the public right-of-way or by more
than six feet if in the public right-of-way,excavating or defeating existing concealment
elements.
(h)Tall Structure.Means any structure the top of which is more than 50 feet above grade.
(i)Temporary Tower(s)means a tower of any height and its base station that is in place no
longer than 6 months at a given time.Such structures must be designed to be easily moved
and transported within short periods of time.
0)Tower means a structure built for the sole or primary purpose of supporting an antenna
and the associated facilities authorized or licensed by the federal communications
commission.Tower includes structures constructed for wireless communications services,
including but not limited to private,broadcast and public safety services and unlicensed
wireless services and fixed wireless services,such as microwave backhaul,and the
associated site.
(k) Transmission Equipment means equipment that facilitates transmission for a wireless
communications service licensed or authorized by the federal communications commission,
including but not limited to radio transceivers,antennas,coaxial or fiber optic cable,and
regular and backup power supply.Transmission equipment includes equipment associated
with wireless communications services,including but not limited to private,broadcast,and
public safety services,such as wireless local area network services and services utilizing a
set of specifications developed by the institute of electrical and electronics engineers for
interface between a wireless client and a base station or between two wireless clients, as well
as'unlicensed wireless services and fixed wireless services,such as microwave backhaul.
(1)Wireless Support Structure means a structure that exists at the time an application is
submitted and is capable of supporting the attachment or installation of transmission
equipment in compliance with applicable codes,including but not limited to water towers,
buildings,and other structures,whether within or outside the public right-of-way.Wireless
support structure does not include a tower or existing base station.
(3)Wireless Permit 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 Zones. The alteration of the
antenna shall not constitute a Substantial Change as defined in this ordinance.
(4) Special Use Permit Required.A cell site with antenna that is either not mounted on an existing tall
structure or constitutes a Substantial Change shall not be permitted except pursuant to a Special Use
Permit issued by the Zoning Board of Adjustment pursuant to both Section 29.1503 and the provisions of
this Section.Upon receipt of an application for construction of a new tower to the City,the Zoning
Board of Adjustment has 150 days to act upon said application.If the application is for a
substantial change of an existing structure the Zoning Board of adjustment has 90 days to act upon
said application.
(5)Ancillary Aetivities.All other-uses and aefivifies aneillai�,to the ai#epma and asseei
depot, >
i—m-hess ether-wise peFmifted pursuant te the zening regulations feF the Zene in wl4eh the eel!si
laeated.
(5)Additional On Site Activities.Any other activity on a cell tower site not directly related to the
operation of the tower and related tower equipment,such as additional business or non-essential
storage,is prohibited unless approved pursuant to a special use permit.
(6)Monopoles Required.All towers shall be"monopole" except Lattice or guyed towers may be
approved in Industrial Zones.
4
(7)Temporary Towers. The following standards shall apply to all temporary tower placement:
a. Temporary towers are prohibited in all residential zones.
b.Financial Security must be submitted prior to approval of a temporary tower permit to
ensure that upon removal of a temporary tower site is returned to its original condition.
c.Temporary towers are subject to both Special Use Permits and Wireless Permits
depending on the height of the proposed temporary tower.
(8)Cell Site Standards.The following standards and procedures,in addition to those contained in Section
29.1503,shall apply to the issuance of a Wireless Permit and issuance of a Special Use Permit for a cell
site with antenna:
(a) ,
-id sto
(b
mew4ing the antema on an exisfing tall struettffe),it shall deflienstr-ate that it eontaeted the ewneFs of tall
stfuettifes witWfi a one qiiai4ef inile fadius E)f the site pfopesed,asked for-pefmissien to install the at4enna
en these tall stnieWres, cffidwas dep�ed for reasons othef than failure te agFee on eempensation.The
Zoning BE)afd of AdjustmepA may deny the pefmit if it eeneludes tha4 the applie-ant has;-;-At M-ade a geed
_faith off Ft to mount the apAe,., on an existing tall struetwe
Sup#2014-1 Chapter 29,Article 13-6 Rev. 01-1-14
(a)Tower 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 or tower shall be constructed,altered, or maintained so as to project above any of the
imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace
protection.
(Ord.No. 4186, 6-24-14)
(b) Setbacks from Base of Tower.The minimum distance between the base of the support or any
guy anchors and any property line shall be equal to 50%of the antenna height.
(c)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.
(
mater-ial,that is eeasistei4 with the e?�isting str-uetufes an the pfoposed site and appFeved by the
(d) Screening.Appropriate screening shall be installed composed of wood,masonry
material or other substantial materials. Landscaping may also be required.
(e)Painting and Visual aesthetics.The design of towers,antennas and base stations should
minimize the adverse visual impact of the facility through siting,landscape screening,
and stealth techniques.
a
(i) Towers shall either maintain a galvanized steel finish (dull gray or white)or,
subject to any applicable standards of the FAA,be painted a neutral color so
as to reduce visual obtrusiveness to the maximum extent possible.
(ii) The design of the base station and related structures shall,to the maximum
extent possible, use materials,colors,textures,screening,and landscaping
that will blend them into the natural setting and surrounding buildings.
(iii) The wireless facility shall be designed to complement the physical landscape
in which they are intended to be located.Examples of stealth techniques that
may be compatible include but are not limited to faux trees,unipoles/slick
sticks,bell towers,etc.New stealth towers shall be configured and located in
a manner that shall minimize adverse effects including visual impacts on the
landscape and adjacent properties.New freestanding structures shall be
designed to be compatible with adjacent structures and landscapes with
specific design considerations such as architectural designs,scale,color and
texture.
(iv) Conduit or cable must be concealed on towers with externally mounted
equipment.
(v) The use of internally mounted or flush mounted technology is
encouraged when adjacent to residential areas,prominent commercial
areas and prominent entryways to the city.
(i)Required D.,r ing if the..011 Site :S fiffil ,a t,,m..to,1 adequate paFiciRg shall be r r-ed f
maipAefiaaee workers. if the site is net automated,the number-ef required par-king spaees shall
equal the numbef of people en the largest ski .
cairn
0)D.,:., ,tt:., Antenna s eA struet„ros should be painted ,e as to ro,uee the
�1�-i-
(f)Air Safety. Support structures 200 feet in height or taller, or those near airports, shall meet all
Federal Aviation Administration regulations.
(Ord. No. 3629, 9-25-01)
(g)Separation Requirements.Towers exceeding 50 feet in height, except those incorporating
stealth techniques,shall be placed at minimum one quarter mile apart. Wireless facilities in
rights-of-way are not subject to separation requirements.
(h)Access.All access to wireless communications sites must be hard surface(PCC or HMA)
unless approved otherwise subject to a special use permit by the Zoning Board of
Adjustment.Placement of a tower shall not affect the use or access to required parking of a
principal use on site.
(9)Special Use Permit Application Required.Permits for new wireless communications facilities,
substantial changes to existing wireless facilities and new small wireless facilities are reviewed and
issued by the Zoning Board of Adjustment.This application shall require the applicant to submit
the following items:
a. Agreement with owner of the property if not owned by the applicant.
b. Engineered drawings and specifications of the location,equipment to be installed and
designed appearance of the facility.
C. Property lines and setbacks of existing and proposed structures
d. Rights of Way
e. Manufacturers spec sheet and photographs
f. Architectural elevations drawn to scale with regard to appearance,screening and special
features. .
g. Photographic visual simulation.
h. Affidavit explaining reasons why co-location was not chosen.
(10)Wireless Communications Permit Application Required.An Application for co-location or a
change that does not constitute a substantial change of a wireless communications facility shall be
filed with staff for review prior to any issuance of a permit.This application shall require the
applicant to submit the following items:
a. Engineered drawings and specifications of the location,equipment to be installed
and designed appearance of the modified facility.
b. Property lines and setbacks of existing and proposed structures
c. Rights of Way
d. Manufacturers spec sheet and photographs
e. Architectural elevations drawn to scale with regard to appearance,screening and
special features.
(12)Changes.There shall be no change in the exterior appearance of a cell site,including any
change in the profile of the tower,that is a departure from what was shown or represented in the
approved Special Use Permit except as allowed by this ordinance.
(13)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.
(14)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.