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Aurora City Zoning Code

CHAPTER 1165

Wireless Telecommunications Towers and Antennas

1165.01 PURPOSE.

   The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas and to comply with the requirements of the Telecommunications Act of 1996 in providing for the ability of providers of telecommunications services to make available such services in an expeditious manner. While enabling such services, these regulations are designed to protect the public health, safety and welfare of the community through the careful siting of said installations to avoid potential damage to adjacent properties from either tower failure or visual impact. In preparing applications for permits to erect wireless communications towers, antennas, and accessory buildings or structures in the City, applicants are hereby advised of the following standards which shall govern such applications and installations when approved by the City:
   (a)   The protection of residential areas and land uses from potential adverse impacts of towers and antennas and appurtenant structures;
   (b)   Requiring the location of towers on City owned property only;
   (c)   Minimizing the total number of towers throughout the community through the use of collocation of joint use of new or existing towers or structures in lieu of the construction of single use towers. Collocation is required unless sufficient proof of the inability to do so can be furnished by the applicant;
   (d)   In reviewing applications for telecommunications facilities, the City shall consult its overall comprehensive master plan, the permitted and conditionally permitted uses of land by zoning district, existing land uses, and the impact of such structures upon environmentally and historically sensitive areas;
   (e)   Adverse visual impact is to be minimized through careful design, siting, landscape screening and innovative camouflaging techniques;
      (Ord. 2000-143. Passed 6-26-00.)

1165.02 STANDARDS.

   The standards enumerated herein are deemed to be the minimum required to enable the City Administration, Planning Commission and Council to evaluate a proposed telecommunications facility and as such may be increased, modified, or amended as required to address the characteristics of a given site.
(Ord. 2000-143. Passed 6-26-00.)

1165.03 PERMITTED DISTRICTS.

   Wireless communication towers and appurtenant structures are conditionally permitted in the following districts subject to approval by Planning Commission and City Council: On city owned tracts of five (5) acres or larger. Antennas may be located, modified or reconstructed on an existing structure or tower in any zoning district subject to Section 1165.07 .
(Ord. 2000-143. Passed 6-26-00.)

1165.04 APPLICATION AND SITE PLAN REQUIREMENTS.

   Applicants for telecommunications towers shall complete an application for Conditional Zoning Certificate along with an Application to Appear to enable the Planning Commission to review the proposed site. The following information shall accompany the application for Conditional Zoning Certificate:
   (a)   A site development plan showing proposed tower and all appurtenant structure(s) location, distances to all property lines, streets (as measured from right-of-way line), existing and proposed easements, driveway location, and parking spaces.
   (b)   A current certified survey of the property.
   (c)   A statement from the applicant that it has inventoried all structures in the vicinity of the proposed site capable of supporting the proposed antenna to ascertain the inability to utilize said structures for the proposed facility (collocation).
   (d)   A listing of existing zoning and land uses on the proposed site and adjacent properties.
   (e)   An inventory of existing towers, antennas or sites approved for same that are located either within the City or within its search area thereof, including specific information regarding the location, height, and design of each tower.
   (f)   A landscaping plan which includes a specific list of proposed planting materials and provides the following minimum requirements:
(1)   Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound and is satisfactory to the City Arborist.
(2)   The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound.
   (g)   Evidence supporting compliance with current FCC standards for EMR emissions.
   (h)   A statement regarding lighting requirements as mandated by the FAA.
      (Ord. 2000-143. Passed 6-26-00.)

1165.05 APPLICABILITY.

   (a)   New Towers and Antennas. All new towers or antennas in the City of Aurora shall be subject to these regulations, except as provided in subsections (b) through (d) hereof, inclusive.
   (b)   Amateur Radio Statio Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. District height, setback and lot area requirements shall apply.
   (c)   Pre-existing Towers or Antennas. Pre-existing towers and pre-existing antennas not be required to meet the requirements of this chapter, other than the requirements of Section 1165.07 (f) and (g).
   (d)   AM Array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(Ord. 2000-143. Passed 6-26-00.)

1165.06 GENERAL REQUIREMENTS.

   (a)   Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
   (b)   Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. The minimum lot size shall be five (5) acres except where an antenna is proposed for attachment to an existing building or structure.
   (c)   Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Aurora or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or Conditional Zoning Certificates under this chapter or other organizations seeking to locate antennas within the jurisdiction of the City of Aurora, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
   (d)   Aesthetics. Towers and antennas shall meet the following requirements:
      (1)   Towers shall either maintain a galvanized steel finish or, subject to any applicable standard of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
      (2)   At a tower site, the design of the building and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Such building design shall be approved by the Architectural Board of Review prior to issuance of a Building Permit.
      (3)   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
   (e)   Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Advertising is prohibited. (White ) strobes shall operate during daylight hours only. A dual lighting system is required.
   (f)   State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owners’s expense.
   (g)   Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City of Aurora concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
   (h)   Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City of Aurora irrespective of municipal and county jurisdictional boundaries.
   (i)   Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
   (j)   Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Aurora have been obtained and shall file a copy of all required franchises with the Zoning Administrator.
   (k)   Public Notice. For purposes of this chapter, any Conditional Zoning Certificate request, shall require public notice to all abutting property owners and all property owners of properties that are located within 500 of the boundaries of the proposed site.
   (l)   Signs. No signs shall be allowed on an antenna or tower.
   (m)   Buildings and Support Equipment. Building and support equipment associated with antennas or towers shall comply with the requirements of this section.
(Ord. 2000-143. Passed 6-26-00.)

1165.07 LOCATION.

   New wireless communication towers and antennas may be located only on City owned property and shall be subject to the regulations set forth in this Chapter and the regulations  applicable to the I1 Manufacturing, Processing and Wholesaling District but only to the extent such regulations do not conflict with the regulations set forth in this Chapter. Wireless communication antenna may be located in residential zoning districts provided they are not associated with wireless communication towers but are part of an existing structure and shall be subject to the regulations set forth in this Chapter and the regulations of the particular zoning district in which the antenna is proposed to be located but only to the extent such regulations do not conflict with the regulations set forth in this Chapter. Wireless communication towers shall be on sites of five (5) acres or larger provided a Conditional Zoning Certificate has been issued by the Planning Commission with the approval of Council.
(Ord. 2000-143. Passed 6-26-00.)

1165.08 WIRELESS COMMUNICATION ANTENNA AND/OR TOWER INSTALLATION.

   Only the following types of wireless communication antenna and/or tower installations may be permitted under this Chapter.
   (a)   Wireless communication antenna attached to permitted institutional, recreational, public utility, office, industrial or commercial building or structure provided the antenna does not exceed ten feet (10') above the highest point of the structure and the transmission and receiving equipment, where feasible, is stored inside the existing building or structure or on the roof in an enclosure. If the wireless communication antenna is located on the roof of a structure, it shall be located as far as possible away from the edge of the building. All wireless communication antennas shall be painted or otherwise treated so as to match the exterior of the building. The foregoing does not preclude the use of small base stations and repeaters on the sides of the buildings, utility poles or in ground mounted pedestals. Telecommunication facility in residential zones, as approved pursuant to Section 1165.07, shall be placed within an existing lattice high tension tower.
   (b)   Wireless communication monopole or lattice tower constructed up to, but not including, two hundred feet (200') in height above the finished grade, unless a lesser height is technically feasible to service the geographical service area of the applicant and the transmission and receiving equipment is stored inside a building constructed for that purpose. All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above the finished grade. Such structure shall be designed to have sufficient structural capacity to allow for at least three (3) providers to be located on the structure when constructed to the maximum allowable height. The wireless communication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment building large enough to accommodate at least three (3) users. If an equipment building is initially constructed to accommodate only one (1) user, space shall be reserved on site for equipment building expansions to accommodate up to at least three (3) users. Underground equipment shelters are encouraged especially in nonindustrial district and may be requested by the Architectural Board of Review and/or Planning Commission. The maximum size of the above ground equipment buildings is 300 square feet for one provider and in no circumstances more than 750 square feet in total.
      (Ord. 2000-143. Passed 6-26-00.)

1165.09 CONDITIONAL ZONING CERTIFICATES; REQUIRED INFORMATION.

   (a)   General. The following provisions shall govern the issuance of Conditional Zoning Certificates for towers or antennas by the Planning Commission subject to final approval by the City Council:
      (1)   Applications for Conditional Zoning Certificates under this Section shall be subject to the procedures and requirements of Section 1139.02 of the Zoning Ordinance, except as modified in this section.
      (2)   In granting a Conditional Zoning Certificate, the Planning Commission may impose conditions to the extent the Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
      (3)   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
      (4)   An applicant for a Conditional Zoning Certificate shall submit the information described in this Section and a non-refundable fee as established by resolution of the city Council to reimburse the City of Aurora for the costs of reviewing the application.
   (b)   Towers.
      (1)   Information required. In addition to any information required for applications for Conditional Zoning Certificates pursuant to Section 1139.02 of the Zoning Ordinance, applicants for a Conditional Zoning Certificate for a tower shall submit the following information:
         A.   A scaled site plan clearly indicating the location, type and height of the proposed tower, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in subsection (b) (1)E. hereof, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this Chapter.
         B.   Legal description of the parent tract and leased parcel (if applicable).
         C.   The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
         D.   The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 1165.06 shall be shown on the updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
         E.   A landscape plan showing specific landscape materials.
         F.   Method of fencing and shall include fencing no less than eight feet (8') in height, finished color if applicable, the method of camouflage and illumination.
         G.   A description of compliance with Sections 1165.06 (c), (d), (e), (f), (g), (j), (l), and (m) and all applicable federal state or local laws.
         H.   A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
         I.   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Municipality.
         J.   A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
         K.   A description of the feasible location(s) of future towers or antennas within the City of Aurora based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
      (2)   Factors Considered in Granting Conditional Zoning Certificates for Towers. In addition to any standards for consideration of Conditional Zoning Certificate applications pursuant to Section 1153.02, Standards for All Conditional Uses, of the Zoning Ordinance, the Planning Commission shall consider the following factors in determining whether to issue a Conditional Zoning Certificate, although the Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this chapter are better served thereby;
         A.   Height of the proposed tower;
         B.   Proximity of the tower to residential structures and residential district boundaries;
         C.   Nature of uses on adjacent and nearby properties;
         D.   Surrounding topography;
         E.   Surrounding tree coverage and foliage;
         F.   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusieness;
         G.   Proposed ingress and egress; and
         H.   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection (b) (3) hereof.
      (3)   Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology.
         A.   Calculations verifying need for the use of a tower at the proposed location(s).
         B.   No existing towers or structures are located within the geographic area which meet applicants engineering requirements.
         C.   Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
         D.   Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
         E.   The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
         F.   The fees, costs, or contractual provisions required by the Owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
         G.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
         H.   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
      (4)   Setbacks. The following setback requirements shall apply to all towers for which a Conditional Zoning Certificate is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby;
         A.   In I-1 Districts not contiguous to residentially zoned districts, existing I-1 district setbacks shall apply.
         B.   In I-1 districts contiguous to residential districts, setbacks shall be 100 feet (100') or 100% of tower height, whichever is greater.
            (Ord. 2000-143. Passed 6-26-00.)
 

1165.10 CERTIFICATION OF REGISTERED ENGINEER.

   Prior to action by the Planning Commission, the City shall require a review by an independent registered engineer engaged by the City and paid for by the applicant pursuant to its reimbursement of City expenses pursuant to Section 1165.12. Among other things, the engineer shall review and approve the written certification of the applicant’s engineer filed pursuant to Section 1165.09(a)(3);  shall review and approve the applicant’s propagation studies showing the necessity for and location of the tower; and shall review and approve the structural integrity, electrical integrity and electrical safeness of the wireless telecommunication facility in its projected uses so as to assure the protection of the health, safety and welfare of the citizens of Aurora.
(Ord. 2000-143. Passed 6-26-00.)
 

1165.11 TIME LIMITATION FOR BEGINNING OF CONSTRUCTION.

   (a)   After issuance of a permit to construct a wireless communication facility, the permittee shall begin construction within one hundred eight (180) days and shall complete construction within three hundred sixty (360) days or the permit and approval shall expire. As a condition of the permit, the Planning Commission shall require the applicant and site owner to certify that if construction is not commenced within one hundred eight (180) days or completed within three hundred sixty (360) days that the site shall be available for another wireless telecommunications facility.
   (b)   A survey bond or other assurance of payment acceptable to the Law Director of the City in the amount of Five Thousand Dollars ($5,000.00).
   (c)   A One Hundred Dollar ($100.00) fee to defray the Cities cost of inspecting the tower compound sites. Commencing the third year after issuance of a Certificate of Completion, the certificate holder shall pay to the City an annual inspection fee of One Hundred Dollars ($100.00).
   (d)   The submittal of a liability insurance policy naming the City as additional insured in the amount of Five Hundred Thousand Dollars ($500,000.00).
(Ord. 2000-143. Passed 6-26-00.)

1165.12 REIMBURSEMENT OF EXPENSES.

   The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary to perform the reviews required by this Chapter.
(Ord. 2000-143. Passed 6-26-00.)
 

1165.13 EXEMPTION OF CITY OWNED PROPERTY.

   Wireless communication antennas and/or towers owned by the City, by permission of the City Council, shall be exempt from the regulations set forth in this Chapter and any other provisions of the Zoning Code. Notwithstanding any of the foregoing provisions of this section, if a wireless communication tower is to be City owned, the tower in all cases shall be subject to a special exception by public hearing, notice of which hearing shall be given to all adjacent and affected property owners. The Planning Commission and/or City Council may hold such public hearing(s). Furthermore, the application and proposed type of construction and standards of the proposed tower shall comply with the requirements as set forth in the applicable building codes and other relevant codes of the City.
(Ord. 2000-143. Passed 6-26-00; Ord. 2003-059. Passed 6-12-03.)
 

1165.14 REMOVAL OF ABANDONED ANTENNAS AND TOWERS.

   Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City of Aurora notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Upon compliance of the owner with the requirements of this Section the insurance and bond requirements of Section 1165.11 shall be released. Upon noncompliance following thirty (30) day notice by the City to the Owner’s last known address, the City may give notice to the bond or surety company demanding performance.
(Ord. 2000-143. Passed 6-26-00.)
 

1165.15 NONCONFORMING USES.

   (a)   Non Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
   (b)   Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this chapter.
   (c)   Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section  1165.11, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Sections 1165.09(b)(1)D. And E. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 1165.11.
(Ord. 2000-143. Passed 6-26-00.)
 

1165.16 SEVERABILITY.

   The various parts, sections and clauses of this chapter are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected thereby.
(Ord. 2000-143. Passed 6-26-00.)
 

1165.17 REPEALER.

   Any ordinances or parts thereof in conflict with the provisions of this chapter are hereby repealed to the extent of such conflict.
(Ord. 2000-143. Passed 6-26-00.)
 

1165.99 PENALTY.

   Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the second degree and shall be fined not more than Seven Hundred Fifty Dollars ($750.00) or imprisoned not more than ninety (90) days for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2000-143. Passed 6-26-00.)