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Chapter 1.22 Communication Facilities 2016-11-01T09:54:48+00:00

CHAPTER 1.22
COMMUNICATION FACILITIES PERMIT


Sections:

1.22.005 Purpose.
1.22.010 Permit Required.
1.22.015 Submission of Application.
1.22.020 Form and Contents of Required Documents.
1.22.025 Public Notice.
1.22.030 Review and Approval Procedures.
1.22.035 Approval Standards – Communication Tower and Antennas.
1.22.040 Approval Standards – Amateur Radio Facilities, Towers, and Equipment.
1.22.045 Reasonable Conditions Imposed.
1.22.050 Entitlements.
1.22.055 Abandonment.
1.22.060 Appeals.

1.22.005 PURPOSE.
This Chapter addresses planning issues resulting from the growth for low-power radio services within the City. It distinguishes low-power radio from other broadcasting type telecommunication technologies and establishes provisions relating to demand, visual mitigation, noise, engineering, residential impact, health, safety and facility siting. The requirements of this Chapter apply both to commercial and private low-power radio services such as cellular or PCS (Personal Communication System) communications, paging systems and other radio communication facilities. All facilities shall comply with the following regulations and all other Ordinances of the City and any pertinent regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).

1.22.010 PERMIT REQUIRED.
To assure compliance with the provisions of this Chapter, a Communication Facility Permit shall be obtained before any communication tower or antenna and associated equipment may be erected.  A Communication Facility Permit is a form of a Conditional Use Permit.

1.22.015 SUBMISSION OF APPLICATION.

A. Only property owners or their duly authorized agents shall make application for a Communication Facilities Permit on forms approved by the Zoning Administrator.

B. No Communication Facilities application shall be processed without the submission of the application, all the supporting materials as required by this Chapter, and the processing fee. Incomplete applications shall not be processed under any circumstances. The time frame for when an application shall be reviewed set by policy of the Zoning Administrator.

C. The application for Communication Facilities Permit approval shall include the following:

1. One (1) small-size (11″ x 17″) copy and one (1) regular-size (8½″ x 11″) copy of each sheet of the Site Plan and Engineering Drawings.

2. All documents required in Section 1.22.020 below.

3. Payment of the applicable fee as set by Resolution of the City Council.

D. A Communication Facilities Permit may be submitted for approval concurrently with the Building Permit. If the property owners or their duly authorized agent chooses to submit the Communication Facilities Permit and Building Permit concurrently, the City maintains the right to deny the request for approval, and the property owners or their duly authorized agents shall bear all risks associated with their preparation and submittal.

1.22.020 FORM AND CONTENTS OF REQUIRED DOCUMENTS.
The Communication Facilities Permit application shall be submitted with the materials listed in this Section. The Zoning Administrator may determine and require that additional items not listed herein be submitted in order to evaluate the proposed Communication Facilities Permit application.  The number of hard copies shall be determined by the Zoning Administrator.

A. Site Plan.  The Site Plan shall contain the date, scale, north arrow and the following items:

1. Property lines and physical dimensions of the property;

2. Location, dimensions, and types of existing structures on the property;

3. Location of the proposed tower or antenna;

4. The right-of-way of any public road that is contiguous with the property; and

5. All overhead utility lines.

B. Engineering Drawings. Engineered foundation, tower, or antenna drawings stamped by a Professional Engineer licensed in the State of Utah.

C. Specifications. Specifications associated with the installation of a tower, antenna, fixture and related equipment.

D. Agreement. The property owners or their duly authorized agents shall sign an Agreement with the City stating that if technology renders the tower or antenna obsolete or is abandoned the property owner or agent shall remove the tower or antenna; all other apparatus associated with it, the top three (3) feet of the footing/foundation and restore the site to its original condition within ninety (90) days of abandonment (See Abandonment section in this Chapter for more information regarding abandonment). Also, the Agreement shall state that if the property owner or agent does not remove the tower or antenna within the ninety (90) days from abandonment Tremonton City shall have the right to enter the subject property and remove the tower or antenna at the property owners or agent’s expense. The agreement shall also address the owners of a tower allowing for co-location and that the structure shall be constructed to allow for co-location. The agreement shall state that the owner shall bargain in good faith with potentially lease for the use of the tower and all shall respect reasonable rates for the area and the industry for co-location.

E. Consent. Provide evidence to the City of  the property owners consent to the placement of the tower or antenna.

F. Written Statement. A written statement explain details surrounding the proposed Communication Facilities Application and how the application is consistent with all of the standards and requirements of this Chapter and other applicable Sections of this Title.

G. Electronic Files.  Electronic files of all the plans and drawings for the project shall be submitted.

1.22.025 PUBLIC NOTICE. No public notice is required for the Zoning Administrator to approve a Communication Facilities Permit.

1.22.030 REVIEW AND APPROVAL PROCEDURES.

A. Zoning Administrator’s Review-Application. The Zoning Administrator shall review each application submitted to determine the completeness of the application. The Zoning Administrator shall forward complete applications for review and consideration of approval and incomplete application shall be returned to the applicant with a list of the deficiencies.

B. Zoning Administrator Review.  The Zoning Administrator shall review the proposed Communication Facilities application and shall grant approval of Communication Facilities application after the Zoning Administrator is satisfied that the reasonably anticipated detrimental impacts of a proposed Communication Facilities shall be mitigated and that all of the standards and requirements of this Chapter and other applicable Sections of this Title shall be met.  Since Communication Facilities Permits are a form of a Conditional Use Permit the Zoning Administrator may use standards and requirements contained in Chapter 1.25 Conditional Use Permit in reviewing and approving the permit. Approval of a Communication Facilities Permit shall generally be in the form of a letter to the applicant which, together with the approved site plan, and aforementioned agreement shall constitute the Conditional Use Permit. If the Zoning Administrator denies the Communication Facilities Application explicit and careful Findings of Fact shall be enumerated for the record as to why the reasonably anticipated detrimental impacts of a proposed Communication Facilities could not substantially be mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards. Denial may not be based upon the grounds that radio frequency emissions from the facilities will be harmful to the environment or health of residents as FCC standards govern this application. Approval of a Communication Facilities Permit is an Administrative Decision.

C. Planning Commission Review.  The Zoning Administrator is authorized to bring any Communication Facilities Permit application before the Planning Commission if, in their opinion, the general public interest shall be better served by review and approval of the Planning Commission. If the Planning Commission is designated as the Land Use Authority by the Zoning Administrator the public notice, review and approval procedures, and appeals shall be according to the aforementioned Planning Commission’s procedures contained in Chapter 1.25 Conditional Use Permit. Approval of a Communication Facilities Permit is an Administrative Decision.

1.22.035 APPROVAL STANDARDS- COMMUNICATION TOWER AND ANTENNAS.  The following communication tower and antennas standards shall be used when approving a Communication Facilities Permit:

A. General Requirements. The following general requirements shall apply to all communication towers and antennas:

1. All equipment associated with the operation of the antenna and tower shall be located within the structure to which the antenna is attached, or screened from public view with appropriate landscape.

2. Lighting and Security. All lighting on towers shall meet all Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) requirements, when such lighting is used it shall not affect surrounding properties. All towers shall be enclosed by a six (6) foot chain link or opaque fence.

B. Co-location. All commercial telecommunications providers are required to co-locate on existing telecommunication towers. Any commercial provided applicant who applies for a new tower structure site shall  provide the Zoning Administrator with extensive evidence that they have exhausted all means possible to co-locate on existing towers, or provide substantiated evidence that co-location on existing towers is contrary to engineering design and would create a substantial hardship for their business if located on any existing towers. Commercial telecommunications providers shall be required to provide tower space, as well as ground space where possible, or allow access through existing ground space for necessary equipment and accessories to subsequent telecommunications providers on existing towers and lot areas.

If ground space is not available, subsequent providers may have to acquire additional space from land owner(s). The present tower owner/occupant and the applicant to the tower shall bargain in good faith for the use of the tower and all shall respect reasonable rates for the area and the industry.

C. Wall Mounted Antennas. A wall mounted antenna is an antenna or series of antennae mounted against the vertical wall of a building. A wall mounted antenna shall comply with the following:

1. Wall mounted antennas shall not extend above the wall line of the building or extend more than four (4) feet horizontally from the face of the building.

2. Antennas and all associate equipment shall be painted to match the color of the building or background.

D. Roof Mounted Antennas. Roof mounted antennas may not extend more than fifteen (15) feet above the highest point of the roof. Antennas shall  be mounted at least five (5) feet from the exterior wall of the building, and shall be screened, constructed and/or colored to match the structure to which they are attached.

E. Monopole and Lattice Towers. A monopole tower is a single cylindrical steel or wooded pole that acts as the support structure for antennas. A monopole and lattice structures shall comply with the following:

1. Yard Requirements for Towers. All telecommunication towers shall be located on the lot so that the distance from the base of the tower to any residential zone or any residential structure is a minimum of four (4) times the proposed tower height. No towers shall be permitted in the required front yard in any zoning district and shall not be located in a required landscaped area or required parking area. Towers located on vacant lots shall have a minimum front yard setback of thirty (30) feet in all zoning districts.

2. Spacing of Towers. No tower shall be within a one (1) mile radius to another tower unless that tower has no remaining capacity or a lease cannot be obtained to co-locate.

3. Co-locations.  All towers shall be designed by a State certified engineer to allow for co-location and also for as many as three (3) separate users on a single pole with accompanying ground space for necessary equipment and accessories.

F. Stealth Fixtures. A stealth fixture is a cellular antenna or antennas, which are, attached to a structure, which acts as a support, structure for the antennas. The stealth fixture shall be disguised as part of the object to which it is attached or otherwise concealed from view as much as possible. A stealth fixture shall comply with the following:

1. Stealth fixtures may be attached to or disguised as a flagpole, light pole, power pole, clock tower, steeple, or other structure, which shall not detract visually from the initial use and approved by the Building Official.

2. All stealth fixtures shall be designed by a State certified engineer to verify that the existing or proposed structure can support the proposed fixture.

3. The overall height of any proposed stealth fixture shall be consistent with similar structures in the area that is being duplicated. In no case shall a proposed stealth structure be out of character in the area as determined by the Building Official in which it is located. A stealth fixture shall not extend more than ten (10) feet higher than an existing of proposed structure to which it is being attached, or be greater than thirty (30) inches in diameter at any point of the fixture or mounting hardware.

G. Temporary Antennas and Towers. Temporary antennas and towers shall be allowed for a maximum time period of sixty (60) days, and shall comply with all requirements. Temporary Antennas are for use only when permanent structures have been approved and are being installed. Emergency communications are exempt.

1.22.040 APPROVAL STANDARDS- AMATEUR RADIO FACILITIES, TOWERS, AND EQUIPMENT.
Amateur Radio facilities are primarily governed by restrictions provided by the Federal Communications Commission, and this Chapter shall defer to Federal provisions and Utah Code Section 10-9a-515 for Amateur Radio Operations with the exception of the following:

A. To comply with reasonable standards of Federal law for the permitting of Amateur Radio tower, equipment and facilities, approval  shall be obtained from the Zoning Administrator if:

1.  Height of support structure over seventy-five (75) feet from the ground; or

2. The Zoning Administrator may approve such exceptions if the Applicants present evidence of the inability to operate radio equipment without the approval and that the Applicant has exhausted all other means of operation or installation, which shall be verified by the leadership of a reputable radio group.

1.22.045 REASONALBE CONDITIONS IMPOSED.
The Land Use Authority may permit a Communication Facilities to be located within any district in which it is allowed by the use regulations of this Title. In authorizing any Communication Facilities Permit, the Land Use Authority shall impose such requirements and conditions as required by law and any additional conditions as may be necessary for the protection of adjacent properties and the public welfare. Such conditions of approval may include, but shall not be limited to, limitations or requirements as to a street dedication, the height, size, location and design of structures, landscaping, ingress/egress, fencing, parking, screening, buffering parking, or lighting. Height and size requirements for structures in each zone are maximums and may be reduced or modified as conditions to the approval of any Conditional Use application.  Therefore, the Land Use Authority has the authority to impose reasonable conditions upon a Communication Facilities Permit, provided that:

A. The conditions are not arbitrary or capricious;

B. The Land Use Authority finds that the conditions are necessary to promote the health, safety or welfare of the citizens of Tremonton;

C. The conditions do not conflict with any applicable law; or

D. The conditions imposed are in compliance with Utah Code 10-9a-507 as amended by the Utah Legislature.

1.22.050 ENTITLEMENTS.

A. Validity. The approval of a Communication Facilities Permit shall authorize a communication tower or antenna’s use in accordance with any conditions of the permit except as follows:

1. Permit Issued in Conflict.  In accordance with 1.01.025 any Communication Facilities Permit approved which is in conflict with this Title shall be null and void.

2. Revocation. Communication Facilities Permit may be revoked (See Chapter 1.25 Condition Use Permit regarding Revocation) if: terms of the permit are violated; if the use causes disruption to surrounding properties; or if the use is not maintained or abandon (See Chapter 1.22.055 regarding Abandonment).

3. Expiration. A Communication Facilities Permit shall expire one (1) year after the date of the approval and shall be null and void unless the property owner or their duly authorized agent has obtained a Building Permit, where required, or Business Licenses or other permits or license required for the operation. A one (1) year extension may be granted if the application for extension and the filing fee is received by the Zoning Administrator prior to the expiration date as is set out above.

B. Additional Permits. Property owners or their duly authorized agents are entitled to make application for a Building Permit, where required or Business Licenses or other permits or license required for the operation once a Communication Facilities Permit has been approved. As noted in this Chapter, the property owners or their duly authorized agents may choose to submit the Communication Facilities Permit and Building Permit concurrently.

1.22.055 ABONDONMENT. A communication tower and antenna that is out-of-service for a continuous period of three hundred-sixty five (365) days shall be deemed to have been abandoned and shall be in service as installed or removed.

1.22.060 APPEALS.

A. Appeal Process. Any person aggrieved by the decision of any part of the Communication Facilities Permit approval process may appeal in accordance with Chapter 1.04.

B. Appealing Zoning Administrator’s Decision.  The Appeal Authority and deadline for filing an appeal for a Zoning Administrator’s Decision shall be as follows:

1. First Appeal. Person has ten (10) days to appeal the decision of the Zoning Administrator to the Planning Commission.

2. Second Appeal. Person has ten (10) days to appeal the decision of the Planning Commission to the City Council.

3.  Third Appeal.  Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801).

ORD 10/07
REV 06/13