Chapter 10.130
WIRELESS TELECOMMUNICATIONS
Sections:
10.130.030 Site plan requirements.
10.130.050 Antenna site locations.
10.130.060 Co-location requirement.
10.130.070 Lease agreements for use of City land.
10.130.080 Standards for antennas and antenna support structures.
10.130.090 Additional conditional use permit considerations.
10.130.100 Additional regulations for monopoles and towers.
10.130.110 Safety requirements.
10.130.010 Purpose.
(A) The purposes of this chapter are to:
(1) Minimize the impacts of wireless communications facilities on surrounding areas by establishing standards for location, structural integrity, and area compatibility.
(2) Encourage the location and co-location of wireless communication equipment on existing structures, thereby minimizing new visual, aesthetic, and public safety impacts, effects upon the natural environment, and the need for additional antenna-supporting structures.
(3) Encourage coordination between suppliers of wireless communication services in the City.
(4) Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as to avoid unreasonable discrimination between providers of functionally equivalent personal wireless services or to prohibit personal wireless services in the City.
(5) Protect the neighborhood character and values of the City’s residential zoning districts while meeting the needs of its citizens to enjoy the benefits of wireless communication services.
(6) Encourage the use of public lands, buildings, and structures as locations for wireless telecommunications infrastructure as a method to establish a precedence of quality concealment products that minimize the aesthetic impact of related infrastructure that generates beneficial revenue to the City and its citizens.
(B) Siting Alternatives Hierarchy. Siting of a wireless communications facility shall be in accordance with SCC 10.130.050 and the following siting alternatives hierarchy:
(1) Concealed attached wireless communications facility on:
(a) City-owned property.
(b) Other publicly owned property.
(c) Privately owned property.
(2) Co-location or combining on an existing antenna supporting structure facility on:
(a) City-owned property.
(b) Other publicly owned property.
(c) Privately owned property.
(3) Freestanding, concealed or nonconcealed wireless communications facility on:
(a) City-owned property.
(b) Other publicly owned property.
(c) Privately owned property.
The order of ranking preference, from highest to lowest, shall be (1), (2), and (3) and then (a), (b), and (c) within each preference. When proposing a lower-ranked alternative, the applicant shall file relevant information by affidavit by a radio-frequency engineer demonstrating that, despite diligent efforts to adhere to the established hierarchy within the Syracuse City boundaries, higher-ranked options are not technically feasible, practical, or justified given the location of the proposed wireless communications facility and the existing uses for the subject and surrounding properties within 330 feet of the subject property. Where the City permits a freestanding wireless communications facility, the applicant shall file a written report providing relevant information that demonstrates higher-ranked locations are not technically feasible, practical, or justified given the location of the proposed wireless communications facility and the existing land uses of the subject and surrounding properties within 500 feet of the subject property.
(C) Exemptions. Noncommercial amateur radio antennas, ham radios, or citizens’ band antenna-supporting structures, satellite-dish antennas, government-owned wireless communications facilities (upon declaration of a state of emergency by federal, state, or local government), antenna- supporting structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities licensed by the FCC. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 04-20; Code 1971 § 10-23-010.]
10.130.020 Definitions.
The following words shall have the described meaning when used in this chapter, unless a contrary meaning is apparent from the context of the word.
“Antenna” means any apparatus designed for the transmitting and/or receiving of electromagnetic waves including but not limited to telephonic, radio, Internet, or television communications. Types of elements include, but are not limited to: omni-directional antennas, sectorized (panel) antennas, multi or single bay, yagi, or parabolic dish or ball antennas.
“Antenna support structures” means any structure used for the purpose of supporting antenna(s).
“City” means Syracuse City, Utah.
“City-owned property” means real property owned, leased, or controlled by or for the City.
“Co-location” means the location of an antenna on an existing structure, tower, or building that is already being used for personal wireless services facilities.
“Guyed tower” means a tower that supports an antenna or antennas and requires guy wires or other stabilizers for support.
“Lattice tower” means a self-supporting, three- or four-sided, open steel- or wood-frame structure used to support telecommunications equipment.
“Monopole” means a single, self-supporting cylindrical pole, constructed without guy wires or ground anchors, that acts as the support structure for antennas.
“Monopole antenna with no platform” means a monopole with antennas and an antenna-support structure that does not exceed three feet in width or 10 feet in height.
“Monopole antenna with platform” means a monopole with antennas and an antenna support structure that exceeds three feet in width or 10 feet in height.
“Personal wireless services” means commercial mobile telecommunications services, unlicensed wireless telecommunications services, common carrier wireless telecommunications exchange access services, and commercial wireless computer-Internet services provisions.
“Personal wireless services antenna” means an antenna used in connection with the provision of personal wireless services.
“Personal wireless services facilities” means facilities for the provision of personal wireless services, which include transmitters, antennas, structures supporting antennas, associated wiring and connections, and electronic equipment typically installed in close proximity to a transmitter or receiver.
“Private property” means any real property not owned by the City, even if the property is owned by another public or governmental entity.
“Roof-mounted antenna” means an antenna or series of individual antennas mounted on a roof, mechanical room, or penthouse of a building or structure.
“Stealth facilities” means personal wireless services facilities designed to be compatible with the natural setting and surrounding structures and which camouflage or conceal the presence of antennas and/or towers. The term includes, but is not limited to, clock towers, church steeples, light poles, flag poles, signs, electrical transmission facilities, and water tanks.
“Tower” means a freestanding structure, such as a monopole tower, lattice tower, or guyed tower, used as a support structure for antenna(s).
“Wall-mounted tower” means an antenna or series of individual antennas mounted on the vertical wall of a building or structure.
“Whip antenna” means an antenna that is cylindrical in shape. Whip antennas can be directional or omni-directional and vary in size depending on the frequency and gain for which they are designed.
“Wireless communications” means any personal wireless service that includes, but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing Part 15 devices (i.e., wireless Internet), and paging. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 04-20; Ord. 03-08; amended 2001; Code 1971 § 10-23-020.]
10.130.030 Site plan requirements.
Any person desiring to develop, construct, or establish a personal wireless service facility in the City shall submit a conditional use application and site plan to the City for approval. The City shall only consider complete applications, which shall include the following:
(A) A conditional use and site plan review fee that has been established by the City’s schedule of fees.
(B) Site plan, as described in SCC 10.20.090, which shall include the following:
(1) Vicinity map containing sufficient information to accurately locate the property shown on the plan.
(2) Footprints of existing and proposed buildings and structures, including a notation of each unit’s height above the grade.
(3) Location and size of existing and proposed buildings and structures, including a notation of each unit’s height above the grade and dimensions of space, cabinets, or rooms within residential structures used to provide computer-Internet service provisions or equipment.
(4) Location and size of existing and proposed antennas with dimensions to property lines.
(5) Location of existing or proposed fire protection devices.
(6) Location and description (height, materials) of existing and proposed fences.
(7) Location and description (dimensions, distance to property lines, and type) of lighting (direct or indirect).
(8) A security lighting plan, if proposed.
(9) A signed lease agreement with the City if the site is located on City property.
(C) The application shall include written descriptions regarding:
(1) Maintenance. A description of the anticipated maintenance needs for the facility, including frequency of service, personnel needs, equipment needs, and traffic ingress and egress points for the facility.
(2) Service Area. A description of the service area for the antenna or tower and a statement as to whether the antenna or tower is needed for coverage or capacity.
(3) Location. A map showing the site and the nearest telecommunications facility sites within the network, a description of the distance between the telecommunications facility sites, and a description of how this service area fits into the service network.
(4) Liaison. The name, address, telephone number, and fax number of a contact person who can respond to questions concerning the application and the proposed facility. [Ord. 09-16 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 08-02 § 41; Ord. 06-27; Ord. 06-17; Ord. 03-08; Code 1971 § 10-23-030.]
10.130.040 Building permits.
(A) General Requirements. Applicants shall obtain a building permit from the City prior to the construction of any tower or antenna support structure. The City shall not issue a building permit for any project requiring a site plan, amended site plan, or conditional use permit until after the approval of such site plan, amended site plan, or conditional use permit by the appropriate authority.
(B) Requirements for Monopoles and Towers. If the applicant is constructing a monopole or other tower-type structure, the applicant shall submit a written report from a qualified structural engineer, licensed in the state of Utah, documenting the following:
(1) Height and design of the monopole or tower, including technical and engineering factors governing the selection of the proposed design.
(2) Seismic-load design and wind-load design for the monopole or tower.
(3) Total anticipated capacity of the monopole or tower, including number and type of antennas it could accommodate.
(4) Structural failure characteristics of the monopole or tower and a demonstration that the site and setbacks are of adequate size to contain debris.
(5) Soil investigation report, including structural calculations.
(6) Electrical design end loads provided according to the electrical code as adopted by state law. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 2001; Code 1971 § 10-23-040.]
10.130.050 Antenna site locations.
The City Council shall authorize the location of wireless service antennas on public or private property within designated industrial, commercial, agricultural, or open space zones of the City at said site as indicated in the siting alternatives hierarchy section contained herein. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 04-20; Code 1971 § 10-23-050.]
10.130.060 Co-location requirement.
Unless otherwise authorized by the City Council for good cause shown, the design and construction of every new monopole shall be of sufficient size and capacity to accommodate at least one additional wireless telecommunications provider on the structure in the future. Any conditional use permit for the monopole may require an agreement of the applicant to allow co-location of other personal wireless providers on such terms as are common in the industry. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 2001; Code 1971 § 10-23-060.]
10.130.070 Lease agreements for use of City land.
The City shall enter into a standard lease agreement with the applicant for any facility built on City property. The Mayor or the Mayor’s designee shall have the authority to execute the standard lease agreement on behalf of the City. The lease shall contain the condition that applicant acquire site plan and/or conditional use permit approval from the City Land Use Authority before the lease can take effect and that failure to obtain such approval renders the lease null and void. [Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 2001; Code 1971 § 10-25-070.]
10.130.080 Standards for antennas and antenna support structures.
The type or location of the antenna structure characterizes personal wireless services facilities. There are five general types of antenna structures contemplated by this chapter: wall-mounted antennas; roof-mounted antennas; monopoles with no platform; monopoles with a platform; and stealth facilities. If this chapter allows a particular type of antenna structure as a permitted or conditional use, the minimum standards for that type of antenna are as follows, unless otherwise provided in a conditional use permit:
(A) Wall-Mounted Antennas.
(1) Maximum Height. Wall-mounted antennas shall not extend above the roof line of the building or structure or extend more than four feet horizontally from the face of the building.
(2) Setback. Wall-mounted antennas shall not locate within 100 feet of any residence.
(3) Mounting Options. Antennas mounted directly on existing parapet walls, penthouses, or mechanical-equipment rooms are considered wall-mounted antennas if no portion of the antenna extends above the roof line of the parapet wall, penthouse, or mechanical-equipment room. Whip antennas are not allowed on a wall-mounted antenna structure.
(B) Roof-Mounted Antennas.
(1) Maximum Height. The maximum height of a roof-mounted antenna shall be 10 feet above the roof line of the building.
(2) Setback. Roof-mounted antennas shall be located at least five feet from the exterior wall of the building or structure and at least 50 feet from any neighboring residential structure.
(3) Mounting Options. Antennas mounted directly on existing parapet walls, penthouses, or mechanical-equipment rooms are considered wall-mounted antennas if no portion of the antenna extends above the roof line of the parapet wall, penthouse, or mechanical-equipment room. Whip antennas are not allowed on a wall-mounted antenna structure.
(C) Monopoles with No Platform.
(1) Maximum Height and Width. The maximum height of the monopole antenna shall be 75 feet, although the approving body may allow an antenna or antenna-support structure up to 110 feet in height if the applicant demonstrates to the satisfaction of the approving body that the additional height is necessary to obtain coverage or allow co-location and that the applicant has taken steps to mitigate adverse effects on the surrounding neighborhood. The entire antenna structure mounted on the monopole shall not exceed three feet in width. The antenna itself shall not exceed 10 feet in height.
(2) Setback. Monopoles shall be set back a minimum 110 percent of the height of the monopole from any lot line, measured from the base of the monopole to the nearest residential lot line. Exceptions to this setback requirement may be approved by the Planning Commission conditioned upon the acquisition of an equivalent fall zone easement on the adjacent property. Under no circumstances shall residential structures or otherwise occupied structures be permitted within the fall zone easement. Construction of nonoccupied accessory structures may be permitted within the easement at the sole risk of the property owner.
(D) Monopoles with Platform.
(1) Maximum Height and Width. The maximum height of the monopole antenna shall be 75 feet, although the approving body may allow an antenna or antenna-support structure up to 110 feet in height if the applicant demonstrates to the satisfaction of the approving body that the additional height is necessary to obtain coverage or allow co-location and that the applicant has taken steps to mitigate adverse effects on the surrounding neighborhood. The antennas and antenna-mounting structures on the monopole shall not exceed eight feet in height or 15 feet in width. The antenna itself shall not exceed 10 feet in height.
(2) Setback. Monopoles shall be set back a minimum 110 percent of the height of the monopole from any lot line, measured from the base of the monopole to the nearest residential lot line. Exceptions to this setback requirement may be approved by the Planning Commission conditioned upon the acquisition of an equivalent fall zone easement on the adjacent property. Under no circumstances shall residential or otherwise occupied structures be permitted within the fall zone easement. Construction of nonoccupied accessory structures may be permitted within the easement at the sole risk of the property owner.
(E) Stealth Facilities – Maximum Height. The maximum height of a stealth facility shall be the maximum structure height permitted in the zoning district wherein the stealth facility will be located. The applicant may exceed the maximum structure height if allowed pursuant to a conditional use permit. [Ord. 13-15 § 1; Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 03-08; Code 1971 § 10-23-080.]
10.130.090 Additional conditional use permit considerations.
In addition to the City’s standard conditional use permit considerations, the City shall consider the following factors when deciding whether to grant a conditional use permit for a personal wireless services facility:
(A) Compatibility. The facility or antenna shall be compatible with the height, mass, and design of buildings, structures, neighborhood aesthetics, and uses in the vicinity of the facility.
(B) Screening. The facility or antenna shall use existing or proposed vegetation, topography, or structures in a manner that effectively screens the facility.
(C) Disguise. The facility or antenna shall include a disguise that mitigates potential negative impacts on surrounding properties.
(D) Parcel Size. The parcel upon which the facility or antenna will be located shall be of sufficient size to adequately support the facility.
(E) Location on Parcel. The structure or antenna shall be located on the parcel in a manner that can best protect the interests of surrounding property owners but still accommodate other appropriate uses of the parcel.
(F) Co-Location. The applicant shall be willing to allow co-location on its facility by other personal wireless services providers on such terms as are common in the industry. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 03-08; Code 1971 § 10-23-090.]
10.130.100 Additional regulations for monopoles and towers.
(A) Distance from Other Monopoles. Monopoles and towers shall be located at least 1,000 feet from each other except upon showing of necessity by the applicant, or upon a finding by the City that a closer distance would adequately protect the health, safety, and welfare of the community. This distance requirement shall apply to stealth facilities or to antennas attached to lawful structures such as transmission towers, utility poles, outdoor lighting structures, and water tanks.
(B) Location on Parcel. Monopoles shall be located as unobtrusively on a parcel as possible, given the location of existing structures, nearby residential areas, and service needs of the applicant. Monopoles shall not be located in a required landscaped area, buffer area, or parking area. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 2001; Code 1971 § 10-23-100.]
10.130.110 Safety requirements.
(A) Regulation Compliance with FCC and FAA Regulations. All operators of personal wireless services facilities shall demonstrate compliance with applicable Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the City. Failure to comply with the applicable regulations shall be grounds for revoking a site plan or conditional use permit approval.
(B) Protection Against Climbing. Monopoles shall be protected against unauthorized climbing by removal of the climbing pegs from the lower 20 feet of the monopole.
(C) Fencing. Applicant shall fully enclose all monopoles and towers with a minimum six-foot-tall fence or wall, as directed by the City.
(D) Security Lighting Requirements. Monopoles and towers shall comply with the FAA requirements for lighting. As part of the conditional use permit consideration, the City may also require security lighting for the site. If using security lighting, the applicant shall minimize the lighting impact on surrounding residential areas by using indirect lighting, where appropriate. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 2001; Code 1971 § 10-23-110.]
10.130.120 Abandonment.
The City may require the removal of all antennas and monopoles if the facility has been inoperative or out of service for more than 12 consecutive months.
(A) Notice. Notice to remove shall be given in writing by personal service or by certified mail addressed to the last known applicant.
(B) Violation. Failure to remove the antennas and monopoles as instructed after receiving written notice to remove the same is a violation of the terms of this chapter. The City may initiate criminal and/or civil legal proceedings against any person, firm, or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer, or otherwise, for failure to remove antennas and monopoles in accordance with this chapter. Any lease agreement with the City shall also stipulate that failure to remove the antennas and monopoles after receiving written notice to do so pursuant to this chapter automatically transfers ownership of the antennas, monopoles, support buildings, and all other structures on the site to the City. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 2001; Code 1971 § 10-23-120.]
10.130.130 Site requirements.
(A) Regulations for Accessory Structures.
(1) Storage Areas and Solid Waste Receptacles. The site shall not permit any outside storage of solid waste receptacles.
(2) Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services facility shall, whenever possible, be located within a lawfully pre-existing structure or completely below grade. When a new structure is necessary to house such equipment, the structure shall blend with the natural features, buildings, and structures in the zone wherein the facility will be located.
(3) Accessory Buildings. Freestanding accessory buildings used with a personal wireless services facility shall not exceed 450 square feet and shall comply with the setback requirements for structures in the zone wherein the facility will be located.
(B) Parking. The City may require a minimum of one parking stall for sites containing a monopole, tower, and/or accessory buildings, if there is insufficient parking available on the site.
(C) Landscaping. Applicants shall landscape all sites with personal wireless services facilities per conditions of approval by the City Planning Commission.
(D) Maintenance Requirements. Applicants shall maintain all personal wireless services facilities in a safe, neat, and attractive manner. [Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 2001; Code 1971 § 10-23-130.]