Purpose. This section is established in order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, by the establishment of regulations which: facilitate the providing of wireless telecommunication services to the residents and businesses of the city; minimize adverse visual effects of towers through careful design and siting standards; avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and, maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

(Ord. No. 1375, art. II, 8-10-10)

Unless a contrary intention clearly appears, the following words have, for the purpose of this article, meanings interpreted as follows:

Antenna. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Commercial wireless telecommunication services. Licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Lattice tower. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

Monopole. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

Open space. Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

Public utility. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer or land line telephone service to the general public. For the purpose of this ordinance, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

Telecommunication. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

Tower facility(ies). A tower and its appurtenant devices including, but not limited to antennae, buildings, fences, gates and related equipment.

Tower, multi-user. A tower to which is attached the antennas of more than one (1) commercial wireless telecommunication service provider or governmental entity.

Tower, single-user. A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code.

Tower. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 40 feet, including supporting lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Wireless telecommunications antenna. The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

Wireless telecommunications equipment shelter. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

Wireless telecommunications facility. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

Wireless telecommunications tower. A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.

(Ord. No. 1375, art. II, 8-10-10)

(a)

Permit. It shall be unlawful for any person to erect, construct, or place any new tower facility without first receiving the appropriate permit from the city manager or his designee. Tower facilities must comply with all local, state and federal regulations. It shall be unlawful to alter, modify, transform, add to, or change in any way, an existing tower structure without first receiving permits from the city manager or his designee. Addition of antennas and transmission lines shall not require a permit.

(b)

Amateur radio. The provisions contained herein shall not govern any privately owned tower, or the installation of any antenna that is less than forty (40) feet in height or owned and operated by a federally licensed amateur radio station operator, or is used exclusively as a receive only antenna.

(c)

Time. The city manager or his designee shall render its decision within thirty (30) days of the time a complete submittal is made. Failure to render a decision within the prescribed timer period shall result in approval of the application or a recommendation of approval.

(d)

Appeal. Any party aggrieved by a decision of the city manager or his designee may appeal that decision pursuant to article 29-08 of the Alamogordo Municipal Code.

(e)

Variances. Variances from the area regulations imposed by this section may be granted pursuant to section 29-01-070 of the Alamogordo Municipal Code.

(Ord. No. 1375, art. II, 8-10-10)

All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements:

(1)

A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the city manager or his designee 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 one hundred twenty (120) feet in height, one-quarter-mile search radius for towers under eighty (80) feet in height) of the proposed tower due to one (1) 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 unforeseen 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 (2) additional users if the tower is over one hundred (100) feet in height or for at least one (1) additional user if the tower is over sixty (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.

(3)

Wireless telecommunication facilities and antennas may co-locate with existing poles or towers on property owned, leased or otherwise controlled by the city, irrespective of the zoning district, provided that a lease or other agreement to authorize the tower has been approved by the city.

(Ord. No. 1375, art. II, 8-10-10)

(a)

Sole use on a lot. Wireless telecommunications facilities that include towers are not permitted in single-family or two-family residential districts as a sole use.

(b)

Antenna combined with a nonresidential use.

(1)

An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to, a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility. The following conditions shall be met:

a.

Maximum height, 40 feet above the existing building or structure, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

b.

If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:

1.

The shelter shall comply with the minimum setback requirements for the subject zoning district.

2.

The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

3.

Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

(c)

Tower located on a nonresidential-use property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, hospital, school, municipal or government building, facility or structure, agricultural use and a utility use, subject to the following conditions:

(1)

A tower shall be located not closer than a distance equal to one hundred (100) percent of the height of the tower from any adjoining lot line. Guy wires and appurtenant equipment and buildings shall comply with requirements of the underlying zoning district in which the tower is located.

(2)

Maximum height.

a.

Tower: (includes antenna) height shall not be restricted, provided such device is installed and maintained in accord with applicable state or local building codes, and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate the tower, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

b.

Equipment shelter: The shelter shall comply with the height regulations for the subject zoning district.

(3)

The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

(4)

Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

(5)

In order to locate a telecommunications facility on a property that is vacant or with an agricultural use the tract shall be at least two and one-half (2.5) acres.

(d)

Antenna located on a residential building. An antenna for a wireless telecommunications facility may be attached to an apartment building subject to the following conditions:

(1)

Maximum height, forty (40) feet above the existing building, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

(2)

If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located in, or attached to, the building), the shelter shall comply with the following:

a.

The shelter shall comply with the maximum setback requirements for the subject zoning district.

b.

The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

c.

Vehicular access to the shelter shall, if at all possible, use the existing circulation system.

(e)

Located in open space. A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:

(1)

The open space shall be owned by the municipality, county or state government, a homeowners association, charitable organization, or a private, non-profit conservation organization.

(2)

Maximum height.

a.

Tower: (includes antenna) height shall not be restricted, provided such device is installed and maintained in accord with applicable state or local building codes, and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate the tower, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

b.

Equipment shelter: The shelter shall comply with the height regulations for the subject zoning district.

(3)

The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

(4)

The tower shall be located not closer than a distance equal to one hundred (100) percent of the height of the tower from any adjoining lot line. Guy wires and appurtenant equipment and buildings shall comply with requirements of the underlying zoning district in which the tower is located.

(Ord. No. 1375, art. II, 8-10-10)

Wireless telecommunications facilities proposed for the following zoning districts—industrial, commercial and institutional are subject to the following conditions:

(1)

Sole use on a lot: A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:

a.

Minimum lot size: The lot size shall meet the requirements of the underlying zoning district.

b.

Minimum yard requirements:

1.

Tower: The tower shall be located not closer than a distance equal to 100% of the height of the tower from any adjoining lot line. Guy wires and appurtenant equipment and buildings shall comply with requirements of the underlying zoning district in which the tower is located.

2.

Equipment shelter: (include the minimum setbacks/yard requirements for the district).

c.

Maximum height:

1.

Tower: (includes antenna) height shall not be restricted, provided such device is installed and maintained in accord with applicable state or local building codes, and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate the tower, provided, however, nothing in this Ordinance shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

2.

Equipment shelter: (insert maximum building height for the district)

d.

Maximum size of equipment shelter:

1.

Three hundred (300) square feet for a single shelter, or, if there is more than one (1), seven hundred fifty (750) total square feet

(2)

Combined with another use: A wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:

a.

The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a nonconforming use.

b.

Minimum lot area: The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter, and security fencing, provided, the minimum lot area shall not be less than the requirements of the underlying zoning district.

c.

Minimum yard requirements:

1.

Tower: The tower shall be located not closer than a distance equal to one hundred (100) percent of the height of the tower from any adjoining lot line. Guy wires and appurtenant equipment and buildings shall comply with requirements of the underlying zoning district in which the tower is located.

2.

Equipment shelter: shall comply with the minimum setback requirements for the primary lot

d.

Access: The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

e.

Maximum height:

1.

Tower: (includes antenna) height shall not be restricted, provided such device is installed and maintained in accord with applicable state or local building codes, and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate the tower, provided, however, nothing in this Ordinance shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

2.

Equipment shelter: (include the maximum building height for the district)

f.

Maximum size of equipment shelter: Three hundred (300) square feet for a single shelter, or, if there is more than one (1), seven hundred fifty (750) square feet

(3)

Antenna combined with an existing structure. Where possible an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:

a.

Maximum height: 40 feet above the existing building or structure, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

b.

If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:

1.

The minimum setback requirements for the subject zoning district.

2.

Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principle use.

3.

The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

(Ord. No. 1375, art. II, 8-10-10)

Tower facilities and antennas in all zoning districts and in existence as of July 13, 2010 that do not conform to or comply with this ordinance are subject to the following provisions:

(1)

Towers may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with the provisions contained herein.

(2)

If a nonconforming tower is hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a permit if the cost of repairing the tower to its former use, location, and physical dimensions would be less than fifty (50) percent of its fair market value, as determined by the county assessor.

(3)

If a conforming tower is hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired or restored to its former use, location, and physical dimensions upon obtaining a permit from the city manager or his designee.

(Ord. No. 1375, art. II, 8-10-10)