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HomeMy WebLinkAbout1996-091 - Regulation of Telecommunications Antennas and TowersBILL NO. 96-91 ORDINANCE NO. 96- ~ / AN ORDINANCE DETAILING THE STANDARDS FOR PLACEMENT AND REGULATION OF TELECOMMUNICATIONS ANTENNAS AND TOWERS LOCATED WITHIN THE CITY OF RIVERSIDE, MISSOURI. WHEREAS, the City of Riverside desires to preserve the residential areas within the community; and WHEREAS, the City desires to set out guidelines which will offer all interested parties fair access to provide service within the City. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: 1. Definitions. As used in this ordinance, the following terms shall have the meanings indicated: a. "Alternative tower structure" shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. b. "Antenna" shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. c. "FAA " shall mean the Federal Aviation Administration. d. "FCC" shall mean the Federal Communications Commission. e. "Governing authority " shall mean the governing authority of the City. f. "Preexisting towers and antennas" shall have the meaning set forth in Section 2(d) of this ordinance. g. "Height" shall mean, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna. h. "Tower" shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. 1: \61492\00002\TELT W R.2 2. Applicability. a. District Height Limitations. The requirements set forth in this ordinance shall govern the location of towers and antennas that are installed in all zoning districts. The height limitations applicable to buildings and structures shall not apply to towers and antennas. b. Public Property. Antennas or towers located on property owned, leased, or otherwise controlled by the governing authority shall comply with the requirements of this ordinance, in addition to the requirement that a license or lease authorizing such antenna or tower must have been approved by the governing authority. c. Amateur Radio • Receive-Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by afederally-licensed amateur radio station operator or is used exclusively for receive only antennas. d. Pre-Existing Towers and Antennas. Any tower or antenna on for which a permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance, other than the requirements of Sections 3.e and 3.f. Any such towers or antennas shall be referred to in this ordinance as "preexisting towers" or "preexisting antennas". 3. General Guidelines and Requirements. a. Purpose: Goals. The purpose of this ordinance is to establish general guidelines for the sitting of towers and antennas. The goals of this ordinance are to: (i) encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community, (ii) encourage strongly the joint use of new and existing tower sites, (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, (iv) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and (v) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. b. Principal or Accessory Use. Antennas and towers 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 or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to set-back 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. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. J:\61492\00002\TELT WR.2 -2- c. Inventor~of Existin,~ Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Enforcement Officer an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one-quarter mile of the border thereof, including specific officer information about the location, height, and design of each tower. The Zoning Enforcement Officer may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the governing authority, provided, however that the Zoning Enforcement Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. d. Minimizing Number o Towers. Each applicant agrees to cooperate with the governing authority and other applicants hereunder to accomplish the purpose and goals of this ordinance. e. Aesthetics; GightinQ. The guidelines set forth in this Section 3.d shall govern the location of all towers, and the installation of all antennas, governed by this ordinance; provided, however, that the governing authority may waive those requirements if it determines that the goals of this ordinance are better served thereby. i. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. ii. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. iii. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. iv. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, Zoning Enforcement Officer may review the available lighting alternatives and approve the design that would cause the least disturbance to the use and enjoyment of surrounding and nearby property. f. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owners' expense. J:\6 ] 492\00002\TELT WR.2 -3- g. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Zoning Enforcement Officer concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the governing authority may remove such tower at the owner's expense. h. Setbacks and Separation. The following setbacks and separation requirements shall apply to all towers and antennas, provided, however, that the governing authority may reduce the standard setbacks and separation requirements if the goals of this ordinance would be better served thereby. i. Towers must be set back a distance equal to the height of the tower plus twenty (20) feet from any residential structure. ii. Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements. iii. In zoning districts other than M-1 or M-2 zoning districts, towers over ninety (90) feet in height shall not be located within one mile from any existing tower that is over ninety (90) feet in height. i. Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the governing authority may waive such requirements, as it deems appropriate. j. Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the governing authority may waive such requirements if the goals of this ordinance would be better served thereby. i. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential areas; standard buffer shall consist of a landscaped strip at least four (4) feet wide on the residential side of the compound. ii. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. ] :\61492\00002\TELT WR.2 -4- 4. Administrative Approvals. a. General. i. The Zoning Enforcement Officer may administratively approve the uses listed in this Section 4 provided that all such uses shall comply with Sections 3.d., 3.e., and 3.f. of this ordinance and all other applicable ordinances. ii. Each applicant for administrative approval shall apply to the Zoning Enforcement Officer, providing the information set forth in Sections 6.b. and 6. d. of this ordinance. iii. The Zoning Enforcement Officer shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application. iv. In connection with any such administrative approval, the Zoning Enforcement Officer may, in order to encourage shared use, administratively adjust any zoning district setback requirements by up to ten percent (10%). v. If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of the zoning ordinance concerning appeals of administrative decisions. b. Specific Administratively Approved Uses. The following uses may be approved by the Zoning Enforcement Officer after conducting an administrative review: i. Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any M-1 or M-2 zoning district; provided, however, that such tower shall be set back from any existing off-site residence a distance equal to the height of the tower plus twenty (20) feet; ii. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other free standing nonresidential structure), so long as such addition does not add more than twenty (20) feet to the height of the existing structure; iii. Installing an antenna on an existing tower of any height, including a preexisting tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty (20) feet to the height of said existing tower; J: \61492\00002\T ELT W R.2 -5- 5. Special Use Permits. a. General. The following provisions shall govern the issuance of special use permits: i. If the tower or antenna is not permitted to be approved administratively pursuant to Section 4 of this ordinance, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. ii. In granting a special use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. iii. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer. b. Formation Required. Each applicant requesting a special use permit under this ordinance shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this ordinance. c. Factors Considered in Granting Special Use Permits. The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority, concludes that the goals of this ordinance are better served thereby. Height of the proposed tower; boundaries; ii. Proximity of the tower to residential structures and residential district iii. Nature of uses on adjacent and nearby properties; iv. Surrounding topography; v. Surrounding tree coverage and foliage; vi. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and vii. Proposed ingress and egress; and J:\61492\00002\TELT WR.2 -6- viii.Availability of suitable existing towers and others structures as discussed in Section S.d of this ordinance. d. Availabilit,Lof Suitable Existing Towers or Other Structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of the following: i. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. ii. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. iii. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. v. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. vi. The applicant demonstrates that there are other significant limiting factors that render existing towers and structures unsuitable. J : \ 61492 \00002 \T ELT W R .2 -7- 6. Notice of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may remove such antenna or tower 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. I PASSED AND APPROVED THIS _[~'.l~ DAY OF 1996. -" ~7 Edward Rule, Mayor ~~, ATTEST: ~~ ~ ~~ Grace Keme 'ng, City C~ k APPROVED AS TO FORM: Stephen A. Crystal, City Attorney J: \61492\00002\TELT WR.2 -S-