The purpose of this chapter is to establish predicable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communicating systems within the City while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-2, 6-3-1997)

The following standards shall apply to all personal wireless service, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and shortwave radio transmitting and receiving antennas:

   A.   All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Council. The removal shall be the joint responsibility of the tower owner or communication provider and landowner.

   B.   All antennas shall be in compliance with all City Building and Electrical Code requirements and, as applicable, shall require related permits.

   C.   Structural design, mounting and installation of the antennas shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer.

   D.   Unless the antennas/antenna support structures and land are under the same ownership, written authorization for antenna erection shall be provided by the property owner.

   E.   No advertising message shall be affixed to the antenna structure.

   F.   Antennas shall not be artificially illuminated, unless required by law or by a governmental agency to protect the public health and safety.

   G.   When applicable, proposals to erect new antennas shall be accompanied by any required Federal, State, or local agency licenses.

   H.   If a new antenna support structure is to be constructed, it shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user, including, but not limited to, other personal wireless service companies or local police, fire and ambulance companies. The antenna support structure must be designed to allow for future rearrangement of antennas upon it and to accept antennas mounted at varying levels.

   I.   Antenna support structures under two hundred feet (200') in height shall be painted a noncontrasting color consistent with the surrounding area, such as blue, gray, brown or silver, or have a galvanized finish to reduce visual impact, unless otherwise allowed by Federal law.

   J.   Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for Federally licensed amateur radio stations and used in the amateur radio service are exempt from subsections C, F and I of this section, and must comply with subsection K of this section.

   K.   Amateur radio support structures (towers) shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.

   L.   All small cell wireless facilities not within a public right of way shall adhere to all other requirements in the chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-2, 6-3-1997; Ord. 2019-13, 12-16-2019)

The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs two meters (2m) or less in diameter, shortwave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers:

   A.   Accessory and secondary use antennas shall be allowed as permitted accessory uses in all zoning districts. The installation of more than one support structure per property shall require the approval of a conditional use permit.

   B.   Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of ten feet (10') from all lot lines.

   C.   Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five feet (5') from all lot lines.

   D.   Accessory or secondary use antennas and necessary support structures, monopoles or towers (either ground or structure mounted) may not exceed the height limitation of the zoning district in which they are located, except support structures and antennas used in the amateur radio service may extend a maximum of seventy feet (70') above "grade", as defined in section 200.2 of this ordinance, in any zoning district. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-2, 6-3-1997)

Personal wireless service antennas shall be allowed in all commercial, industrial and public/institutional districts of the city subject to the following standards as may be applicable:

   A.   Antennas Located Upon A Public Structure: Personal wireless service located upon a public structure shall be processed in accordance with the provisions of chapter 1500 of this ordinance and shall comply with the following standards:

      1.   Consideration shall be given to the location of existing as well as planned public structures (i.e., joint powers water towers) to take advantage of collocation opportunities and avoid potential interference problems.

      2.   Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. Where receiving and switching equipment does not require an equipment building for protection from the elements, it may be housed at the base of the tower, provided it is screened from view by fencing or other manmade materials (in the case of an antenna located upon a structure) or landscaping (in the case of ground mounted antenna).

   B.   Antennas Not Located Upon A Public Structure: Personal wireless service antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards:

      1.   A proposal for a new commercial wireless telecommunication service tower shall not be approved unless it can be demonstrated 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 (1/2 mile search radius for towers under 120 feet in height and/or 1/4 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 or building 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 radio frequency 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 engineer.

         d.   In spite of its best efforts, within sixty (60) days, the applicant was unable to obtain approval to collocate on an existing or approved tower or building. The applicant's efforts must be documented in writing, including who was contacted and the written denial of the request.

         e.   Other reasons that make it impractical to locate the planned telecommunications equipment upon an existing or approved tower or building.

      2.   The applicant shall provide a scale map of the city and surrounding locality which shows the coverage area of the proposed antenna.

      3.   The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen feet (15') above the structural height of the structure to which they are attached.

      4.   If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole; provided, that:

         a.   The pole not exceed one hundred feet (100') in height, unless it can be demonstrated that the extra height is necessary to optimize coverage, allow greater siting flexibility/collocation opportunities or to eliminate the need for multiple (shorter) towers.

         b.   The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a registered structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

      5.   Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. Where receiving and switching equipment does not require an equipment building for protection from the elements, it may be housed at the base of the tower, provided it is screened from view by fencing or other manmade materials (in the case of an antenna located upon a structure) or landscaping (in the case of ground mounted antenna).

      6.   Unless the antenna is mounted on an existing structure, a security fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure.

      7.   The conditional use permit provisions of chapter 400 of this ordinance are considered and determined to be satisfied.

   C.   Temporary Mobile Towers: Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is located and permanent tower is constructed shall require review and approval by the city administrator and shall comply with the following standards:

      1.   Temporary mobile towers are exempt from collocation and permanent tower structure design standards contained in subsections 2500.2H and I of this chapter and subsection B1 of this section.

      2.   The termination date of the permit shall not exceed one hundred twenty (120) days. Temporary mobile towers located on a site longer than one hundred twenty (120) days shall require approval of the city administrator.

      3.   Guyed towers are prohibited.

      4.   Mobile units shall have a minimum tower design wind load of eighty (80) miles per hour, or be set back from all structures a distance equal to the height of the tower.

      5.   All towers shall be protected against unauthorized climbing.

      6.   The height of the tower shall not exceed ninety feet (90'). (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-2, 6-3-1997)

   A.   Residential District Standards: Single satellite dish TVROs greater than one meter (1m) in diameter located within any residential zoning district of the city shall require the processing of a conditional use permit and shall comply with the following standards:

      1.   All accessory and secondary use provisions of section 2500.3 of this chapter are satisfactorily met.

      2.   The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free receive window can be maintained within the limits of the property ownership.

      3.   Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

      4.   The satellite dish antenna is not greater than three meters (3m) in diameter.

      5.   The conditional use permit provisions of chapter 400 of this ordinance are considered and determined to be satisfied.

   B.   Commercial, Industrial, And Public/Institutional District Standards: Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters (2m) located within any commercial, industrial, or public/institutional zoning district of the City shall require the processing of a conditional use permit and shall comply with the following standards:

      1.   All accessory and secondary use provisions of section 2500.3 of this chapter are satisfactorily met.

      2.   The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership.

      3.   Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

      4.   The conditional use permit provisions of chapter 400 of this ordinance are considered and determined to be satisfied. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-2, 6-3-1997)

Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards:

   A.   Such antennas shall be considered an allowed conditional use within the P/I Public/Institutional District of the City and shall be subject to the regulations and requirements of chapter 400 of this ordinance.

   B.   The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

   C.   Unless the antenna is mounted on an existing structure, a fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure and other equipment.

   D.   Antennas regulated under this section shall not interfere with neighboring property communication/reception transmission devices of any kind. (Ord. 1988-12, 12-19-1988; amd. Ord. 1997-2, 6-3-1997; 2005 Code)

   A.   Purpose: The purpose of this section is to establish zoning regulations related to the siting of small cell wireless facilities in the public right-of-way as defined and regulated by chapter 200 of this ordinance. Terms used herein are defined in chapter 200 of this ordinance.

   B.   Conditional Use Permit Required: Small cell wireless support structures and/or antennae shall require a conditional use permit when located adjacent to or within the R-1A through R-MH Districts or any PUD District with an underlying designation of R-1A through R-MH.

   C.   Conditional Use Standards: No conditional use permit shall be granted unless it meets the following standards:

      1.   No new wireless support structure shall be greater than fifty feet (50') in height.

      2.   No new wireless support structure shall be closer than five feet (5') to a curb, driveway, or pedestrian way.

      3.   No new wireless support structure shall be more than five feet (5') from the side lot line extended to the street.

      4.   To the extent possible, all antennas and equipment shall be shrouded and/or camouflaged.

      5.   New wireless support structures shall be constructed from earth-tone fiberglass.

      6.   All facilities shall use colors to minimize the visual impact when viewed from the public right-of-way and nearby properties, except in instances where the color is dictated by the Federal or State authorities.

      7.   Small cell wireless facilities shall be served by underground power and communication lines. The structure shall not be served by any above-ground power or communication lines.

      8.   Equipment enclosures shall be screened from view with landscaping materials.

      9.   If the proposed facility results in significantly increased sound levels, sound buffers may be required, including but not limited to baffling, barriers, enclosures, walls, and plantings.

      10.   Small cell facilities shall not be illuminated by artificial means and shall not display lights.

      11.   The design of utility poles shall be similar in appearance to other poles located in the right-of-way.

   D.   Requirements When Facilities Not Within Right-Of-Way: All small cell wireless facilities not within a public right-of-way shall adhere to all other requirements in this chapter. (Ord. 2017-11, 12-4-2017)

AL849   Zoning Ordinance - Appendix A   App A-2600