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Meeting The Challenges of Zoning in the Information Age: Planning For Wireless Communications Facilities | |
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Meeting The Challenges of Zoning in the Information Age: Planning For Wireless Communications Facilities | |
As a tool for communities to deal with the emerging issues related to the siting of wireless communications facilities, this chapter contains a set of model regulations that can be modified and adapted into any community that does not have up-to-date regulatory language dealing with wireless facilities. These regulations are set up to be a "stand-alone" set of regulations, much like a community's subdivision regulations. This is one way of dealing with the regulation of wireless facilities. Another option would be to take the sections of this model that are zoning driven and use them as an amendment to a community's zoning ordinance.
This model is designed with the broadest possible standards. This model used as written would be appropriate in a rural county or community. It is up to the user of this document to redesign and reconfigure the standards such that they would be appropriate in their own community. Obviously, standards should not be the same in an urban community as they would be in a rural one. A user of this model in an urban community should make the standards "tougher,"such as in lower maximum heights and co-location requirements.
While regulations are necessary for properly dealing with the siting of towers and antennas, it is highly recommended that any community that adopts regulations such as these should also plan for wireless facility sitings. This can be done by adding wireless communications facilities as a section of a community or regional comprehensive or master plan. Another option would be to create a separate wireless facilities plan, as several communities now do. Either way, regulation should not be the only way communities deal with wireless issues. Being proactive and not reactive is important in the planning profession. Too often planning is a reactive profession, which in the case of wireless communications, would be a horrendous mistake.
Note: Text bound by "{}" are items dependant upon the regulatory
terminology or other variable items from community to community. They are
designed for modification by the adopting community.
These regulations shall officially be known, cited, and referred to as the Wireless Telecommunication Facility Regulations of {name of municipality} (hereinafter "these regulations).
In order to protect the public health, safety, and general welfare of the community, while accommodating the communication needs of residents and business these regulations are necessary in order to:
1. facilitate the provision of wireless telecommunication services to the residents and businesses of the municipality;
2. minimize adverse visual effects of towers through careful design and siting standards;
3. encourage the location of towers in non-residential areas through performance standards and incentives;
4. avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and,
5. provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.
The Planning {Commission/Board} of {name of municipality} (hereinafter "Planning {Commission/Board}") is vested with the authority to review, approve, conditionally approve, and disapprove applications for wireless communication facilities, including sketch, preliminary, and final plans.
1. These regulations apply to all wireless communications facilities, as defined in Section 2.2, located within the corporate limits of the municipality or outside the corporate limits as provided by law.
2. No wireless communications facility may be constructed without an approved and signed site plan from the Planning {Commission/Board}.
In order that wireless communications facilities may be constructed in accordance to these purposes and policies, these regulations are hereby adopted and made effective as of {date of enactment}. All applications for wireless communication facility sitings pending on the effective date of these regulations shall be reviewed under these regulations.
1. Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety, and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
2. Conflict. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from any other ordinance, rule or regulation, statute, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.
3. Separability. If any part or provision of these regulations or the application of these regulations to any service provider or circumstances is adjudged invalid by any court of competent jurisdiction, the judgement shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgement shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other service providers or circumstances. The {governing body} hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid.
For the purpose of protecting the public health safety, and general welfare, the Planning {Commission/Board} may from time to time propose amendments to these regulations which shall be approved or disapproved by the {governing body} at a public meeting following public notice. Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.
Regulation of the siting of wireless communication facilities is an exercise of valid police power delegated by the state of {state name} and as stipulated in the Federal Telecommunications Act of 1996. The developer has the duty of compliance with reasonable conditions laid down by the Planning {Commission/Board}.
1. The enforcement of these regulations shall be the responsibility of {insert title(s) of persons responsible; suggested - building inspector, municipality engineer, planner/zoning administrator, etc.}.
2. Any person who violates these regulations shall be subject to a fine of not more than ${dollar amount}, such fine pursuant to the provisions of Section {section number} of the statutes of the State of {state name}.
Borrowing from Model Subdivision Regulations (Freilich & Schultz, 1995): "The starting point for the adoption of any local regulatory ordinance is determining whether the local government possesses the necessary authority to adopt the ordinance." Authority for the regulation of wireless communications facilities comes from the same authority as zoning; a state's enabling legislation. Clarification for the specific issues of regulating wireless facilities comes from Section 704 of the Telecommunications Act of 1996, which preserves the right of local zoning authorities to regulate the siting of wireless facilities.
The statement of purposes, section 1.2, is extremely important. If courts can appreciate the justification for regulating wireless facilities, it will be more willing to infer the necessary authority from relevant enabling statutes. The purposes of this model are clearly stated and easy to understand. The need for communications companies to provide wireless service to municipalities is an understood goal of the Telecommunications Act. People want high-quality service and performance in their wireless phones and pagers, but most are not as willing to have a wireless facility located in their backyard. By setting up clear and responsible regulations, the goals of both quality service and prevention of tower proliferation can be achieved.
Section 1.6 is another vitally important part of this model. These provisions are designed to deal with the issues that would occur when there are conflicts with other regulations (either federal, state, or local), or part of these regulations are overturned in a court decision. By stating these provisions, there is assurance that these court decisions do not affect the entirety of the regulations, but only the part that is specifically overturned. The conflict and interpretation provisions clarify the issues of minimum requirements and the "stricter of the two" principle when this model conflicts with other regulations.
The section concerning amendments is of particular interest in dealing with wireless communications facilities. Because the technology is evolving so rapidly, one cannot be sure how long these regulations will be applicable to siting issues. As wireless communication technology evolves to the likely conversion to satellite technology, towers may become obsolete. By stating that periodic review and change are necessary, there will be more flexibility in the application of these regulations in the future.
Article, 1.9 has the most customization required by each municipality. It is here that the municipality must decide who will be responsible for the enforcement of these regulations. It is probably best to have several persons or departments responsible for enforcement. The penalties section is also highly variable from municipality to municipality. It is suggested that the fines for violations be consistent with the schedule of fees and fines that the municipality uses for similar zoning and building permit situations.
General Provisions Sources:
Text adapted from Model Subdivision Regulations, Bloomington, MN
Tower Ordinance, and Sprint Spectrum Handbook.
1. For the purpose of these regulations, certain abbreviations, terms, and words shall be used, interpreted, and defined as set forth in this Article.
2. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural indicate the singular.
1. Act - the Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996, and shall include future amendments to the Communications Act of 1934.
2. Affiliate - When used in relation to an operator, another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator's principal partners, shareholders, or owners of some other ownership interest; and when used in relation to the municipality, any agency, board, authority or political subdivision affiliated with the municipality or other person in which the municipality has legal or financial interest.
3. Alternative Tower Structure - 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 (see also Stealth Facility).
4. Analog Technology - replicates and amplifies voice messages as they are carried from the transmitting antenna to the receiving antenna.
5. Antenna - any exterior apparatus designed for telephonic, radio, or television communications through sending and/or receiving of electromagnetic waves.
6. Antenna Height - The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
7. Antenna Support Structure - Any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.
8. Applicant - A person who applies for a wireless facility siting. An applicant can be the owner, of the property or someone who is representing the owner, such as a builder, developer, optional purchaser, consultant, or architect.
9. Broadcast - To transmit information over the airwaves to two or more receiving devices simultaneously. Information can be transmitted over local television or radio stations, satellite systems or wireless data communications networks.
10. Cell Site - A tract or parcel of land that contains a cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with an ancillary to cellular communications transmission.
11. Cellular Service - A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.
12. Cellular Telecommunications - A commercial Low Power Mobile Radio Service licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
13. Cellular Telecommunications Facility - A cellular telecommunications facility consists of the equipment and structures involved in receiving telecommunication or radio signals from mobile radio communications sources and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
14. Co-location - Locating wireless communications equipment from more than one provider on a single site.
15. Common Carrier - An entity licensed by the FCC or a state agency to supply local and/or long distance telecommunications services to the general public at established and stated prices.
16. Communication Tower - a guyed, monopole, or self-supporting tower, constructed as a free standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.
17. Communications Facility - A land use facility supporting antennas and microwave dishes that sends and/or receives radio frequencies signals. Communications facilities include structures or towers and accessory buildings.
18. Communications Transmission System or Communications System - A wired communication transmission system, open video system, or wireless communications transmission system regulated by these regulations.
19. Comprehensive or Master Plan - The current adopted Comprehensive/Master Plan of the municipality.
20. C.O.W's - "Cells on Wheels", see Temporary Wireless Communication Facility.
21. Digital Technology - technology that converts voice and data messages into digits that represent sound intensities at specific points of time and data content.
22. Directional Antenna - An antenna or array of antennas designed to concentrate a radio signal in a particular area.
23. Dish Antenna - A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.
24. ESMR - Enhanced Specialized Mobile Radio.
25. FAA - the Federal Aviation Administration.
26. FCC - the Federal Communications Commission.
27. Frequency - The number of cycles completed each second by a sound wave; measured in hertz (Hz).
28. Governing Authority - the governing authority of this municipality.
29. Grade - The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the structure and the property line or, when the property line is more than 5 feet from the structure, between the structure and a line 5 feet from the structure.
30. Guyed Tower - A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
31. Lattice Tower - A guyed or self-supporting three or four sided, open, steel frame structure used to support telecommunications equipment.
32. License - The rights and obligations extended by the municipality to an operator to own, construct, maintain, and operate its system within the boundaries of the municipality for the sole purpose of providing services to persons or areas outside the municipality.
33. MHZ - Megahertz, or 1,000,000 Hz.
34. Micro-cell - A low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage in areas of weak coverage.
35. Microwave - Electromagnetic radiation with frequencies higher that 1,000 MHZ; highly directional signal used to transmit radio frequencies from point-to-point at a relatively low power level.
36. Microwave Antenna - A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.
37. Monopole Tower - A communication tower consisting of a single pole, constructed without guy wires and ground anchors.
38. Omnidirectional Antenna - An antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it was designed.
39. Owner - The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the {Office of the Assessor, or like municipal department}. Owner also includes a deedholder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the municipality a copy of a deed or contract of sale showing date, book, and page of recording.
40. Personal Communications Services or PCS - Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. Such mobile technology promises to allow each consumer the same telephone number wherever he or she goes. Also known as Personal Communication Network (PCN).
41. Preexisting Towers and Antennas - Any tower of antenna on for which a permit has been issued prior to the effective date of these regulations and is exempt from the requirements of these regulations so long as the tower or antennas are not modified or changed.
42. Public Property - Any real property, easement, air-space, or other interest in real estate, including a street, owned by or controlled by this municipality or any other governmental unit.
43. Roof and/or Building Mount Facility - A low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof (including rooftop appurtenances) or building face.
44. Scenic View - A scenic view is a view that may be framed, wide angle, or panoramic and may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or of a nearby object.
45. Self-Support Tower - A communication tower that is constructed without guy wires and ground anchors.
46. Spectrum - Relating to any transmissions or reception of electromagnetic waves.
47. Stealth Facility - Any communications facility which is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like light poles. (See also Alternative Tower Structure).
48. System - The communications transmission system operated by a service provider in the municipality.
49. Telecommunications - The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
50. Temporary Wireless Communication Facility - Any tower, pole, antenna, etc., designed for use while a permanent wireless facility is under construction, or for a special event or conference where a majority of people attending are wireless users.
51. Tower - 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.
52. Wireless Communication Facility - An all encompassing definition; Any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions.
53. Whip Antenna - An antenna that transmits signals in 360 degrees. Whip antennas are typically cylindrical in shape and are less than 6 inches in diameter and measure up to 18 inches in height. Also called omnidirectional, stick or pipe antennas.
54. View Corridor - A view corridor is a three dimensional area extending out from a viewpoint. The width of the view corridor depends on the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may include a 360 degree perspective. Although the view corridor extends from the viewpoint to the focus of the view, the mapped portion of the corridor extends from the viewpoint and is based on the area where base zone heights must be limited in order to protect the view.
The definitions section of any regulations or ordinance are critical. These definitions are intended to provide specificity in areas where ambiguity would lead to confusion and the opportunity to evade the requirements of these regulations (Freilich & Schultz, 1995). The failure to include an adequate and comprehensive set of definitions in any ordinance can only lead to uncertainty in the long-run, both for the municipality and the service providers.
The definitions and terms used in this model are taken from various sources. The bulk come from the Sprint Spectrum (New England) Handbook, others from the FCC, The SANDAG Issues Paper, Portland, Oregon's Zoning Ordinance, and my own definitions formed from my research. While it may seem to be overdone, the quantity of definitions can be modified by the municipality to their own individual needs.
Definition Sources:
Usage (2.1) portion from Model Subdivision Regulations
Words & Terms (2.2):
8, 19, 29, 39, 44, 54 - Modified from City of Portland, OR Zoning Ordinance
1-3, 5-18, 21, 23-28, 30-38, 40-43, 45-46, 48-49, 52-53 - Sprint Spectrum
Handbook
4, 20, 47 - SANDAG Issues Paper
50 - Timothy J. Thompson (From research and conversations with Bloomington,
MN)
51 - Timothy J. Thompson (Londonderry, NH Ordinance Report)
1. The submission of applications for wireless communications facilities shall follow the same procedure as detailed in {municipality name}'s {Zoning Ordinance/Subdivision Regulations/Master Plan/Other Applicable Ordinance or Regulation}.
In addition to the information required elsewhere in {municipality name}'s {Zoning Ordinance/Subdivision Regulations/Master Plan/Other Applicable Ordinance or Regulation}, development applications for wireless communications facilities shall include the following supplemental information:
1. A report from a qualified and licensed professional engineer which:
A. describes the tower height and design including a cross section and elevation,
B. documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
C. describes the tower's capacity, including the number and type of antennas that it can accommodate;
D. documents what steps the applicant will take to avoid interference with established public safety telecommunications;
E. includes an engineer's stamp and registration number; and,
F. includes other information necessary to evaluate the request.
2. For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
3. Before the issuance of a building permit, the following supplemental information shall be submitted:
A. a copy of the FAA's response to the submitted "Notice of Proposed Construction or Alteration" (FAA Form 7460-1) shall be submitted to {person responsible for enforcement, as stated in Section 1.9.1};
B. proof of compliance with applicable Federal Communications Commission regulations; and,
C. a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the municipality's structural and electrical standards.
In addition to the Site Plan requirements found elsewhere in {municipality name}'s {Zoning Ordinance/Subdivision Regulations/Master Plan/Other Applicable Ordinance or Regulation}, site plans for wireless communications facilities shall include the following supplemental information:
1. Location and approximate size and height of all buildings and structures within 500 feet adjacent to the proposed wireless communication facility.
2. Site plan of entire development, indicating all improvements including landscaping and screening.
3. Elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site.
4. Plans shall be drawn at the scale of 1 inch equals 50 feet.
Generally, approval of a wireless communications facility can be achieved if the following items are met:
1. The location of proposed tower is compatible with the municipality's Master Plan and Zoning Ordinance
2. All efforts to locate on an existing tower have not been successful or legally/physically possible.
3. The submitted site plan complies with the performance criteria set in these regulations.
4. The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor.
5. The lowest six (6) feet of the facility/tower be visually screened by trees, large shrubs, solid walls, or fences and/or nearby buildings.
6. The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety.
7. The owner of the wireless communication facility has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus which do not interfere with the primary purpose of the facility.
8. There exists no other existing facility/tower that can reasonably serve the needs of the owner of the proposed new facility/tower.
9. The proposed facility/tower is not constructed in such a manner as to result in needless height, mass, and guy-wire supports.
10. The color of the proposed facility/tower will be of a light tone or color (except where required otherwise by the FAA) as to minimize the visual impact and that the tower will have a security fence around the tower base or the lot where the tower is located.
11. The facility/tower is in compliance with any other applicable local, state, or federal regulations.
Article 3 is designed to clarify the requirements for submitting an application for a wireless facility siting. By setting out in the regulations specifically what will be required with a siting application, the permitting process will be more efficient for both the municipal and service provider. The standard site plan requirements for the municipality are the base for applications for wireless facility sitings, with these additional requirements to be used for wireless facility sitings.
The General Approval Standards are provided as a clarification method for applicants. By spelling out the items necessary for the application to be approved, it should streamline the application and permitting process. These standards were developed by using a variety of communities' ordinance language, as well as articles and reports from service providers and commercial publications. These standards are meant to be modified to each municipality's individual needs, so that they are in line with the existing approval process that is used in each municipality.
Application Procedure and Approval Process Sources:
Language adapted from Timothy J. Thompson (Londonderry, NH Ordinance Report),
Pensacola, FL Ordinance excerpt (PAS Information Packet), Bloomington,
MN Tower Ordinance, Sprint Spectrum Handbook.
All commercial wireless telecommunication towers erected, constructed, or located within the municipality shall comply with the following requirements:
1. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the {governing body} finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (one half mile search radius for towers under 120 feet in height, one quarter mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:
A. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
B. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.
C. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
D. Other unforseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
2. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
Proposed or modified towers and antennas shall meet the following design requirements:
1. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
2. Commercial wireless telecommunication service towers shall be of a monopole design unless the {governing body} determines that an alternative design would better blend in to the surrounding environment.
The maximum tower height permitted in this municipality are calculated by applying the following:
1. If the tower is designed to accommodate only one service provider, the maximum height shall be {120} feet from grade.
2. If the tower is designed to accomodate two service providers, the maximum height shall be {160} feet from grade.
3. If the tower is designed to accomodate more than two service providers, the maximum height shall be {200} feet from grade.
{see Rationale and Notes on this section for explanation on maximum heights}
All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower.
The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the {person responsible for enforcement, as stated in Section 1.9.1}, provided the antennas meet the requirements of these regulations, after submittal of:
1. a final site and building plan as specified by Article 3 of these regulations, and;
2. a report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.
Any facility designed for temporary use (as defined in Article 2), is subject to the following:
1. Use of a temporary facility is allowed only if the owner has received a temporary use permit from the {Municipality Name} {Department Name}.
2. Temporary wireless facilities are permitted for use of no longer than 30 days for use while constructing permanent facilities, and no longer than 5 days for use during a special event.
3. The maximum height of a temporary wireless facility is 50 feet from grade.
4. Temporary facilities are subject all applicable portions of these regulations, excluding Sections 3.2 and 3.3.
No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the municipality at least ten calendar days in advance of such changes and allow the municipality to monitor interference levels during the testing process.
Abandoned or unused towers or portions of towers shall be removed as follows:
1. The owner of a wireless facility shall file annually a declaration with {person responsible for enforcement, as stated in Section 1.9.1} as to the continuing operation of every facility installed subject to these regulations. Failure to do so shall be determined to mean that the facility is no longer in use and considered abandoned, thus subject to the following:
2. All abandoned or unused towers and associated facilities shall be removed within 180 days of the cessation of operations at the site unless a time extension is approved by the {person responsible for enforcement, as stated in Section 1.9.1}. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 180 days of the cessation of operations at a site, the tower and associated facilities may be removed by the municipality and the costs of removal assessed against the property.
3. Unused portions of towers above a manufactured connection shall be removed within 180 days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new wireless facility permit.
The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
Article 4 is the backbone of these regulations. These standards apply to wireless facilities regardless of the zoning district in which they are located. Rather than reinventing the wheel, the majority of the language contained in this section has been modified slightly from the Bloomington, MN, Tower Ordinance. Of all the ordinances researched for this project, this ordinance had the most complete information on general requirements.
Section 4.1 is probably the most important and most controversial aspect of these regulations. One of the easiest ways to prevent proliferation of wireless facilities is to require tower sharing between two or more service providers. Service providers determine a lease agreement for the space used for additional antennas. The reason this is controversial, is because such a requirement has yet to be tested in court. There is some concern that language of this sort may be seen as a detriment to free-market competition between service providers. Tower sharing, however, is a very effective way to reduce the number of towers that would locate within a given municipality. These requirements are taken from the Bloomington Tower Ordinance, which has the most complete co-location language of any ordinance examined during research.
The tower and antenna design requirements, Section 4.2, are a second way to help reduce the visual impact of new wireless communications facilities. Of note particularly in this section is the requirement of monopole towers unless the governing body deems otherwise. This is an optional requirement for this model, as some communities may wish not to regulate the type of tower providers construct. Monopole towers are more expensive to build, but are generally less visually intrusive than other towers (such as lattice towers or guyed towers).
Section 4.3, dealing with tower height, is designed to aid in the facilitation of multi-user facilities. The greater the tower height, the more area it can serve. By providing height bonuses, the goal is that multi-user towers become a more attractive alternative. Also, when accommodating multiple users on a single tower, the antennas must be places far enough apart so that they do not interfere with one another. While a 200 foot tower may seem like a price for the municipality to pay in aesthetics, the alternative of several shorter towers may be even more detrimental to community aesthetics. It should be noted that these standards should differ depending on the population of the community. In rural areas, a 200 foot maximum height should be a viable choice; since there will be fewer towers, greater height is needed for adequate coverage. In more urbanized areas, the maximum heights should be lower, as there are more antennas and smaller cell sizes. The person using this model should craft the maximum heights so that they are appropriate to his/her community's characteristics.
Section 4.7 deals with a very new wireless practice, the use of temporary facilities, or "Cells on Wheels (COW's). Many providers, wishing to establish service as soon as they can, will construct a temporary facility to serve its customers until a permanent facility is constructed. Temporary facilities are also often used in conjunction with conferences or other special events where a majority of the attendees are wireless users (this prevents an overload of a community's existing system). Without a section dealing with temporary facilities, a community runs the risk of the temporary tower becoming a detriment to aesthetics and safety.
Accessory utility buildings (Section 4.4), often housing equipment necessary for the facility to operate, are subject to the requirements of the zoning district in which they are located. Efforts for compatibility with the surrounding neighborhood context is desired, but screening may be used to hide these buildings as well.
Section 4.9 is another critical element of these regulations, as the technology involved in wireless communications is likely to render towers and antennas unnecessary in the coming years. It is important to stipulate that it is the owner's responsibility to remove the tower and antennas when they are no longer used. The removal and demolition of towers is expensive and should not be left to the municipality to deal with. By requiring what essentially is a contract for removal during the applications phase, municipalities need not worry about the large expenses associated with tower removal.
Sections 4.5, 4.6, 4.8, and 4.10 are pretty self explanatory. Lighting is unnecessary unless required by the FAA, building mounted antennas are dealt with more specifically in Article 5, interference with public safety communications is essential, and towers should not be used as a means of advertising or signage.
General Wireless Communications Facilities Performance
Standards Sources:
Language adapted from Bloomington, MN Tower Ordinance, Cincinnati Tower
Ordinance, Noblesville Indiana Ordinance, & Timothy J. Thompson (from
general research)
{This section will vary from community to community, since each municipality will have different zoning classifications and districts. This model is set up so that each municipality can "plug in" its zoning classifications and districts. The model divides zoning into the following categories:
The model will be designed around these general categories; when applying this model to your community, the zoning classifications for your municipality should be substituted throughout this Article for these general categories. While these categories represent a cross-section of typical zoning districts, they may not cover all the classifications used in your community. It is assumed that these general categories will be inclusive enough for the user to substitute any types of zoning not covered in this model.}
1. Commercial wireless communications facilities are a permitted use in the following districts, subject to Section 5.4, Performance Criteria:
A. Heavy Industrial
B. Light Industrial
C. Mixed Use II (Commercial and Industrial)
D. Heavy Commercial
E. Moderate Commercial
F. Light Commercial
2. Commercial wireless communications facilities are allowed only as a {conditional use/special exception use/whatever term used for a use requiring a special permit}, requiring the approval of a {conditional use permit/special exception permit/other permit as applicable in municipality}, in the following districts, subject to Section 5.4, Performance Criteria:
A. Mixed Use I (Commercial and Residential)
B. High Density Residential
C. Medium Density Residential
D. Low Density Residential
3. Commercial wireless communications facilities are not allowed in the following districts:
A. Historic/Special Districts
B. Open Space/Conservation/Agricultural
4. Non-commercial wireless facilities (amateur radio antennas) are subject to Section 5.3, Non-Commercial Wireless Facility Standards.
1. Towers supporting amateur radio antennas and conforming to all applicable provisions of these regulations shall be allowed only in the rear yard of residentially zoned parcels.
2. In accordance with the Federal Communications Commission's preemptive ruling PRB1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 30 feet in height provided that a determination is made by the {person responsible for enforcement, as stated in Section 1.9.1} that the proposed tower height is technically necessary to successfully engage in amateur radio communications.
| {Zones Described in Section 5.2.3} | {Zones Described in Section 5.2.2} | {Zones Described in Section 5.2.1} | |
| Cellular Antenna to be affixed to a new (proposed) ground tower | Not Allowed | {conditional use/special exception}Permit Required | Maximum Tower Height: See Section 4.3
Setbacks: The GREATER distance by application of the following: 1. Tower Height + 10 feet from street rights-of way or site boundaries 2. 2 times the tower height from abutting residential property lines |
| Cellular antenna to be affixed to an existing building without a roof tower | Not Allowed | {conditional use/special exception}Permit Required | 1. Antenna may be placed on the facade or roof of conforming building
or structures without regard to height or setback of the building.
2. Antenna support structures will be considered to be roof towers if the height of the structure exceeds 10 feet above permitted height of building. |
| Cellular antenna to be affixed to a new (proposed) roof tower | Not Allowed | {conditional use/special exception}Permit Required | Roof Towers may be placed on the roof of a conforming building using
either of the following to determine tower height and setback:
1. Tower height above the roof may be as high as the setback distance to the nearest roof edge. 2. The heights allowable for a ground tower may be used for a roof tower if the required setbacks for a ground tower are met. |
| Cellular antenna to be added to an existing approved ground tower | Not Allowed | {conditional use/special exception}Permit Required | Allowed if following conditions are met:
1. The tower height is not increased. 2. No ancillary features are added to the tower other than antenna, required safety hardware and ancillary equipment buildings. 3. All conditions of the previous tower approval have been satisfied. |
| Existing Nonconforming Tower | Not Allowed | Subject to zoning requirements concerning nonconforming structures | Subject to zoning requirements concerning nonconforming structures |
| Accessory Structures (Equipment Buildings, etc.) | Not Allowed | May be included in {conditional use/special exception} permit | Subject to all requirements of appropriate zone (ie, bulk, setback, etc.) |
The most important part of this Article is the delineation of zoning classifications. This obviously cannot be done in a model, as it would be impossible to incorporate the zoning classifications of every community in the United States. It is incumbent upon the user to substitute the zoning classifications of his/her community into Article 5. Once the zoning classifications are put into place, these regulations will become complete.
One may wonder why this model allows wireless communications facilities (with a special exception, conditional use permit, etc.) in residential zones. The reason this is done is simply a case of protecting against a legal challenge. In most communities, the vast majority of zoned land is classified as residential. By not allowing any chance of placing a wireless facility in a residential district, you may be eliminating up to 75 or 80 percent of a community's land area. Because this limits wireless providers so much, it may be seen as a violation of Section 704 of the Telecommunications Act of 1996. Instead of banning wireless facilities from residential zones, these regulations make it much more difficult for wireless facilities to be placed in residential areas, in terms of applications requirements and permits, that it creates a sort of incentive for wireless service providers to locate in non-residential areas.
Another important point to make about Article 5 is the separation of commercial wireless facilities from non-commercial facilities, in particular amateur radio antennas. While amateur radio antennas fall into the wireless communications facility definition, they are treated differently from commercial facilities. Most amateur facilities are located in the yards of or are attached to the user's home. Obviously it is not the intention of these regulations to prevent amateur radio enthusiasts from participating in their hobbies. Also, the FCC determined (as stated in the regulations) that amateur radio antennas are protected by federal laws, which supersede any local regulations.
Setbacks and other standards for all different kinds of potential wireless facility siting applications are contained in Section 5.4. These standards cover what should be the whole range of potential wireless issues that could come up in any community. Sections 5.5 and 5.6 are graphical illustrations which are designed to aid the users of these regulations in visualizing a potential site configuration.