HomeMy WebLinkAbout~Master - Text Amendment for Wireless Communications Facilities ORDINANCE NO. 4342
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING CHAPTER 29, ARTICLE 13, SECTION
13.307 AND ENACTING A NEW CHAPTER 29,ARTICLE 13, SECTION
13.307 THEREOF, FOR THE PURPOSE OF WIRELESS
COMMUNICATIONS FACILITIES; 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
repealing Chapter 29,Article 13, Section 13.307 and enacting a new Chapter 29,Article 13, Section 13.307 as
follows;
"Sec.29.1307. WIRELESS COMMUNICATIONS FACILITIES.
(1) Scope,Purpose,and Policy.The provisions ofthis 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 Iowa Code Chapter 8C
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.
(c) 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.
(d) Small Wireless Facility means a wireless facility that is consistent with the terms of the State
of Iowa Code Section 8C.2(12)and includes the following:
(i) Each antennae is no more than 6 cubic feet in volume.
(ii) All other equipment associated with the small wireless facility is cumulatively no
more than twenty-eight cubic feet in volume.
(e) 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.
M Tall Structure means any structure the top of which is more than 50 feet above grade.
(g) 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.
(h) 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.
(i) 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.
(j) Wireless Support Structure means a structure that exists atthe 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) 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.
(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 the 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) 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.
(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.
(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.
(i) Towers shall either maintain a galvanized steel finish(dull gray or white)or,subj ect
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.
(f) Air Safety. Support structures 200 feet in height or taller, or those near airports,shall meet
all Federal Aviation Administration regulations.
(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. I
(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."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out by law.
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 10`h day of April,2018.
Diane R. Voss, City Clerk John A.Haila,Mayor