Chapter 18.185
TELECOMMUNICATIONS FACILITIES
Sections:
18.185.010 General provisions.
18.185.030 Siting requirements.
18.185.040 Federal requirements.
18.185.050 Structural requirements.
18.185.060 Setbacks and separation.
18.185.070 Security requirements.
18.185.080 Landscaping requirements.
18.185.090 Information required and factors considered in granting special use permits.
18.185.100 Removal of defective or abandoned telecommunications facilities.
18.185.010 General provisions.
(1) Purpose and Intent. The purpose of this chapter is to establish general guidelines for the siting and/or co-location of telecommunications facilities. The goals of this chapter are to:
(a) Encourage the location of telecommunications facilities in nonresidential areas and minimize the total number of telecommunications facilities and sites throughout the city.
(b) Encourage strongly the joint use of new and existing telecommunications facilities.
(c) Encourage users of telecommunications facilities to locate them, to the extent possible, in areas where the adverse impact on the city is minimal.
(d) Encourage users of telecommunications facilities to configure them in a way that minimizes the adverse visual impact of the telecommunications facilities.
(e) Provide adequate sites for the provision of telecommunications services with minimal negative impact on the resources of the city.
(2) Definitions.
(a) “Alternative telecommunications structure” shall mean buildings, clock towers, bell steeples, electric poles, utility poles, water storage tanks, and other similar alternative-design mounting structures that are used for the purpose of supporting and obscuring the presence of antennas.
(b) “Antenna” means any exterior apparatus designed for telephonic, radio, or television communications through the sending, or receiving or both of electromagnetic waves.
(c) “FAA” means the Federal Aviation Administration.
(d) “FCC” means the Federal Communications Commission.
(e) “Height” means when referring to a telecommunications tower or other structure, the distance measured from ground level to the highest point on the telecommunications tower or other structure, even if said highest point is an antenna.
(f) “Telecommunications facility” means any site that is designed and constructed primarily for the purpose of supporting and including one or more antennas or microwave dishes, and including, but not limited to, telecommunications towers.
(g) “Telecommunications tower” means any structure that is designed and constructed primarily for the purpose of supporting and including one or more antennas or microwave dishes, and including, but not limited to, self-supporting lattice towers, guyed towers, manmade trees, monopole towers, telephone, radio and television transmission towers. (Zoning ordinance Art. 5, § 17).
18.185.020 Applicability.
(1) Limitations. The requirements set forth in this chapter shall govern the siting of antennas, telecommunications towers, and telecommunications facilities unless specifically excluded herein.
(2) Amateur Radios. This chapter shall not govern any amateur radio, or its installation, if it is owned and operated by a federally licensed amateur radio station operator and used exclusively for noncommercial purposes.
(3) Television Reception Antennas. This chapter shall not govern any television reception antenna or its installation, if it is under 50 feet in height and is used exclusively for noncommercial purposes.
(4) Existing Structures and Towers.
(a) The placement of a telecommunication antenna and related equipment on alternative telecommunications structures such as roofs, walls, water tanks, existing towers and other suitable structures may be approved by the zoning administrator provided the antenna (1) does not add more than 20 feet to the existing structure, and (2) meets all applicable standards and requirements of local, state and federal regulations. The zoning administrator shall have the right to refer any co-location of telecommunications equipment to the planning commission for review and approval.
(b) Applications for such use must include (1) a final site plan for approval, and (2) a report prepared by a qualified and licensed professional engineer indicating the existing structure’s suitability to accept the antenna and the proposed method of affixing the antenna to the structure. The placement of additional buildings (or equipment) must meet the standards for this and other applicable city ordinances. (Zoning ordinance Art. 5, § 17).
18.185.030 Siting requirements.
The requirements for siting and construction of all telecommunications facilities regulated by this chapter shall include the following:
(1) Any new telecommunications facility site shall not be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that existing telecommunications facilities or alternative telecommunications structures cannot accommodate the applicant’s proposed antenna.
(2) Telecommunications towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.
(3) At the telecommunications facility, the design of the buildings and related structures used in conjunction with telecommunications facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunications facilities to the natural setting and the built environment.
(4) If an antenna is installed on an alternative telecommunications structure, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the alternative telecommunications structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5) A telecommunications facility or telecommunications tower shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(6) No advertising of any type may be placed on the telecommunications facility, or other structures associated with the telecommunications facility. Signs shall be required displaying the name, registration number, and emergency contact number of the tower owner. The sign shall not exceed four square feet in size and shall be located on the security fence or other approved location. (Zoning ordinance Art. 5, § 17).
18.185.040 Federal requirements.
All telecommunications towers and antennas 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 such facilities. If such standards and regulations are changed, then the owners and operators of the telecommunications towers and antennas governed by this chapter shall bring such telecommunications towers and antennas into compliance with such revised standards as required. Failure to bring telecommunications towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications towers and antennas at the owner’s or operator’s expense. (Zoning ordinance Art. 5, § 17).
18.185.050 Structural requirements.
(1) Prior to the use or extension of a telecommunications tower, the owner shall have obtained approval of the structural integrity by a registered professional engineer licensed in the Commonwealth of Virginia and a copy of such report shall be filed with the planning and inspection department.
(2) To ensure the structural integrity of a telecommunications facility or telecommunications tower, the owner or operator of a telecommunications facility or telecommunications tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. (Zoning ordinance Art. 5, § 17).
18.185.060 Setbacks and separation.
The following setbacks and separation requirements shall apply to all telecommunications facilities except alternative telecommunications structures:
(1) Telecommunications facility must be set back a distance equal to 110 percent of the height of the telecommunication tower from any off-site structures used for human habitation.
(2) Telecommunications towers, security fencing, and accessory facilities must meet all setback requirements for primary structures for the zoning district in which the telecommunications facility is located. (Zoning ordinance Art. 5, § 17).
18.185.070 Security requirements.
The following requirements shall govern the securing of telecommunications facilities:
(1) Telecommunications facilities, that include buildings or added structures, shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device unless the city determines that its safety requirements are met without it.
(2) If a telecommunications tower or antenna is mounted on an alternative telecommunications structure, the security fencing shall not be required unless the city determines that its safety requirements are not met without it.
(3) Monopole towers and other single-pole structures, standing alone, shall be secured by anti-climbing devices. (Zoning ordinance Art. 5, § 17).
18.185.080 Landscaping requirements.
The following requirements shall govern the planting and maintenance of landscaping surrounding telecommunications facilities:
(1) Telecommunications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings and fence from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as telecommunications facilities sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. (Zoning ordinance Art. 5, § 17).
18.185.090 Information required and factors considered in granting special use permits.
Each applicant requesting a special use permit under this chapter shall submit to the planning and inspection department the following for consideration by the planning commission, historic preservation committee (if applicable) and city council:
(1) The following shall be required for a telecommunications facility, telecommunications tower, or for siting an antenna on an alternative telecommunications structure:
(a) An inventory and contour map of its existing facilities that are within the city and at least five miles from the city line, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications facility, telecommunications tower and antenna.
(b) A conceptual plan of proposed sitings.
(c) A scaled site plan including topography.
(d) A scaled elevation view and other supporting drawings.
(e) Calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements.
(f) Radio frequency coverage.
(g) Setbacks.
(h) Parking.
(i) Security fencing.
(j) Landscaping.
(k) Adjacent uses.
(l) An engineering report, certifying that the proposed telecommunications tower is compatible for a minimum of three similar users including the primary user.
(m) Information demonstrating that antennas, telecommunications towers, and telecommunications facilities for possible co-locator antennas are no higher in elevations than necessary.
(n) Height of the proposed telecommunications tower.
(o) Proximity of the telecommunications tower to residential structures and residential district boundaries.
(p) Nature of the uses on adjacent and nearby properties.
(q) Surrounding topography (at least a 400- foot radius).
(r) Surrounding tree coverage and foliage (at least a 400-foot radius).
(s) Design of the telecommunications facility and telecommunications tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(t) Proposed ingress and egress.
(u) Co-location policy which outlines policy regarding company’s willingness to co-locate on other company’s telecommunications towers and company’s willingness to accept other users on its telecommunications towers.
(v) Consistency with the comprehensive plan and the purposes to be served by zoning.
(w) Actual photographs from the site showing adjoining properties and other relevant views and simulated photographic image of the proposed telecommunications tower from the adjoining properties.
(x) Other information deemed by the city to be necessary to assess compliance with this chapter.
(2) The following requirements shall pertain to the co-location of an antenna that (1) will be placed on a telecommunications facility or telecommunications tower that was sited under the provisions of this chapter; and (2) will not increase the height of the telecommunications tower:
(a) An inventory and contour map of its existing facilities that are within the city and at least five miles from the city line, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications facility, telecommunications tower and antenna.
(b) A conceptual plan of proposed sitings.
(c) Calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements.
(d) Radio frequency coverage.
(e) Height of telecommunications tower with proposed antenna.
(f) Other information deemed by the city to be necessary to assess compliance with this chapter.
The planning and inspection department may share such information with other applicants applying for approvals or special use permits under this chapter or other organizations seeking to locate telecommunications towers within the city; provided, however, that the planning and inspection department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. (Zoning ordinance Art. 5, § 17).
18.185.100 Removal of defective or abandoned telecommunications facilities.
Any antenna, telecommunications tower, or telecommunications facility found to be defective or unsafe shall be repaired to meet federal, state, and local safety standards or removed within six months at the owner’s or operator’s expense. Any antenna, telecommunications tower, or telecommunications facility that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of such antenna, telecommunications tower, or telecommunications facility shall remove same within 90 days of receipt of notice from the city notifying the owner of such removal requirement. Removal includes the removal of the antennas, telecommunications towers, and telecommunications facilities, fence footers, underground cables and support buildings. The buildings and foundation may remain with landowner’s approval. If there are two or more users of a single telecommunications facility or telecommunications tower, then this provision shall not become effective until all users cease using the antennas and telecommunications tower. If the antenna, telecommunications tower, and telecommunications facility are not removed as herein required, the city may either seek court enforcement of such removal or the city may remove the antenna, telecommunications tower, and telecommunications facility at the expense of the owner or operator of the telecommunications facility as the city, in its sole discretion, determines. (Zoning ordinance Art. 5, § 17).