A.

The ordinance codified in this chapter is known as the "wireless telecommunications facilities ordinance" and is referred to herein as "these regulations."

B.

The purpose of these regulations are as follows:

1.

To regulate the construction, installation, or modification of wireless telecommunication facilities (WTF);

2.

To allow wireless telecommunications service providers to operate effectively and efficiently within the community while minimizing the total number and overall impact of additional towers;

3.

To promote collocation or the construction of attached wireless telecommunications facilities, and encourage the use of appropriate public and semi-public properties where possible;

4.

To require design and construction of wireless telecommunications facilities to be compatible with adjacent land uses;

5.

To protect the scenic, historic, and environmental quality of the city from the adverse impacts of wireless telecommunications facilities development; and

6.

To protect the public health, safety, and general welfare of the community.

C.

All references to zoning in these regulations shall pertain to the comprehensive zoning ordinance of the city. These regulations are considered as a supplement to the zoning ordinance.

(Ord. No. 2015-14, 11-16-2015)

The term wireless telecommunications facilities is referred to hereafter as "WTF." The following definitions apply to these regulations:

Antenna, WTF. "WTF Antenna" means any exterior transmitting or receiving device which may be mounted on a tower, building, or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or other commercial signals. Such antenna includes, but is not limited to, an omni-directional antenna (whip), directional antenna (panel), or parabolic antenna (dish).

"Attached WTF" means an antenna that is attached or affixed to an existing building or structure, including public utility structures and freestanding signs.

"Collocation" means the location of more than one (1) WTF on the same structure by more than one (1) WTF owner, or the location of one (1) or more WTF on a public utility structure.

"Concealed WTF" means a WTF that is architecturally integrated with existing buildings or structures by means of color, massing, placement, design, or shape, and which does not stand out as a WTF.

"Freestanding WTF" means a WTF that consists of a stand-alone support structure, antennas, and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, guy-wire support tower, or other similar structure. This does not include a WTF antenna that is mounted on a public utility structure.

Height, WTF. "WTF Height" means the vertical dimension of a WTF or support structure, as measured from the ground elevation at the base of the WTF or support structure to the top of the structure, including the antenna.

"Public utility structure" means a structure, owned by a unit of government or by a public utility company, which includes but is not limited to an electric substation, gas transfer station, wastewater collection structures, public water supply structures, street light poles, or any other similar public utility structure. A WTF antenna may be attached to a public utility structure subject to any height requirements established herein.

"Wireless telecommunications facilities (WTF)" means a facility that transmits or receives signals radiated or captured by a WTF antenna. A WTF includes antennas, equipment for the transmission or reception of signals, support structures, equipment buildings or cabinets, parking areas, and other accessory development.

"Wireless telecommunications services" means the provision or offering for rent, sale, or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic, and video programming information between or among points of location, but excluding cable services. Such services are further defined in the Federal Telecommunications Act.

(Ord. No. 2015-14, 11-16-2015)

The following regulations apply to all WTF within the municipal limits of the city:

A.

Setbacks and Height.

1.

A freestanding WTF will be set back a minimum of seventy-five (75) feet from the property line, or at a one-to-one ratio (one (1) foot of setback for every foot of tower height from the property boundary of the WTF), whichever is greater, from any residentially zoned property.

2.

For any setbacks not covered above, setbacks must conform to the setback requirements of the zone district in which the WTF is located.

3.

A freestanding WTF shall not exceed a height of seventy-five (75) feet within lands zoned for residential purposes, however a freestanding WTF may be constructed up to one hundred (100) feet on lands zoned for industrial purposes.

4.

An attached WTF shall not extend more than twenty (20) feet above the height of the structure upon which the WTF is mounted.

B.

Lighting and Signage.

1.

Only security lighting or lighting required by a state and/or federal agency is allowed, if the location and direction of the lighting fixture will be such that it does not shine directly on any public right-of-way or any residential premises.

2.

The only signage that is permitted is that which is required by state or federal law.

C.

Telecommunications Equipment Building or Cabinet.

1.

Any telecommunications equipment building or cabinet shall not contain more than four hundred (400) square feet of gross floor area per user and shall not be more than twelve (12) feet in height.

2.

Setback of equipment buildings or cabinets shall conform to the setback requirements of the zone district in which the WTF is located.

D.

Abandonment.

1.

All WTF which are not in use for six (6) consecutive months will be removed by the WTF owner. Costs associated with removal of an abandoned WTF and site restoration will be paid by the service provider, owner of the WTF and/or property owner.

2.

Removal of a WTF shall take place within three (3) months of the end of such six-month period. Upon removal, the surface of the site shall be restored to a condition suitable for redevelopment.

E.

Collocation.

1.

No new freestanding WTF shall be permitted unless the city engineer determines, upon the applicant's demonstration, that no existing tower, structure or public utility structure can be used in lieu of new construction to accommodate the applicant's proposed WTF.

2.

Evidence submitted to the city which demonstrates that no existing tower structure, or public utility structure within a one-quarter-mile radius of the proposed facility can reasonably accommodate the applicant's proposed WTF shall consist of the following:

a.

That no existing tower, structure, or public utility structure is located within the one-quarter-mile radius which meets the applicant's engineering requirements;

b.

That no existing tower, structure, or public utility structure is located within the one-quarter-mile radius which has sufficient structural strength or space available to support the applicant's proposed WTF and related equipment;

c.

That the applicant's proposed WTF would not cause unavoidable electromagnetic interference with the antenna(s) on the existing towers, structures or public utility structures, or the antenna(s) on the existing towers, structures or public utility structures would not cause interference with the applicant's proposed WTF; or

d.

That the owners of existing towers, structures, or public utility structures within the one-quarter-mile radius will not allow the applicant to place its WTF thereon, or such owners are requiring payments for the use of their tower that substantially exceed commercially reasonable rates.

F.

Interference and Health Issues.

1.

Every WTF shall meet the regulations of the Federal Communications Commission regarding physical and electromagnetic interference.

2.

Every WTF shall meet health and safety standards for electromagnetic field emissions as established by the Federal Communications Commission and any other federal or state agency.

G.

Main Street Overlay Zone (Main Street District).

1.

Only a concealed WTF is allowed within the Main Street Overlay Zone (Main Street District), as delineated on the city zoning map.

2.

All freestanding WTF are prohibited within one-eighth (⅛) mile of the boundary of the Main Street Overlay Zone (Main Street District).

H.

Concealed WTF.

1.

Concealed WTF must be:

a.

Architecturally integrated with an existing building or structure by means of color, massing, placement, design, or shape;

b.

Located on existing vertical infrastructure, such as utility poles or public utility structures, if possible; and

c.

Located in areas where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

2.

A proposed concealed WTF will be subject to review and approval by the city of Belen planning and zoning commission in order to determine whether the WTF is "concealed".

I.

Applicability and Exclusions.

1.

Every WTF located within the city, whether upon private or public lands will be subject to these regulations and shall require a permit issued by the city.

2.

The following facilities are exempted from these regulations:

a.

Amateur radio station operator/receive-only antenna if owned and operated by a federally licensed amateur radio station operator or used exclusively for a receive-only antenna;

b.

Any tower or antenna existing prior to the effective date of these regulations provided that no alterations are made to the WTF unless they are in compliance with these regulations; and

c.

Any WTF used exclusively for emergency services including police, fire, and operations of the city water utility.

J.

Noise.

1.

Noise-producing equipment will be sited and/or insulated to guarantee that no increase in noise above ambient levels measured at the property line occurs.

2.

Backup generators shall only be operated during power outages and for testing and maintenance purposes conducted during regular business hours.

K.

Landscaping.

1.

Any freestanding WTF must incorporate sufficient landscaping as a screening device at the base of the tower and around associated structures, subject to the review and approval of the planning and zoning commission of the city of Belen. Existing vegetation and natural landforms on the site will be preserved to the maximum extent possible.

2.

All vegetation, landscaping, and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of any WTF, will be replaced or restored by the WTF owner as nearly as practicable to the condition existing prior to performance of work.

(Ord. No. 2015-14, 11-16-2015)

A.

No WTF may be constructed, installed, modified, or operated within the municipal limits of the city without first obtaining a permit from the city. An application for a WTF permit shall be submitted to the city zoning officer and shall include the following:

1.

A general location map showing the proposed site for the WTF and surrounding lands within a one-quarter-mile radius of the proposed site. This map should show major roads and other features necessary to locate the site.

2.

A vicinity map showing property lines of the land on which the WTF is located, and surrounding properties adjacent to the WTF property. On-site and off-site zoning and land uses will be indicated on the vicinity map, including the city of Belen and other zoning jurisdictions, if applicable;

3.

Documentation regarding collocation as described in these regulations;

4.

Site plans, drawn to scale, that include the following information:

a.

All property lines, showing distances and bearings, with topography sufficient to characterize site drainage;

b.

All existing and proposed site improvements, including buildings and structures, roadways and easements, utility lines, and landscaping, with dimensions and setbacks from property lines;

c.

A written statement and elevation drawings of the proposed WTF, indicating the type of construction, support structure, tower height, and visual image presented by the WTF;

d.

A notarized statement from the applicant that describes the facility's capacity and declares the number and type(s) of antenna(s) that it can accommodate, or an explanation of why the facility cannot be designed to accommodate other users;

e.

An engineer's stamp and registration number;

f.

A five-year plan stating their intentions and not subject to change; and

g.

Any other information as requested by the city.

5.

For any new WTF, a letter of intent committing the WTF owner and any successors to allowing shared use of the facility if an additional user agrees in writing to meet reasonable terms and conditions of shared use.

B.

Any requests for a WTF permit will be submitted with a filing fee of one hundred dollars ($100.00) to the zoning officer on a prescribed form obtainable at the planning and zoning office. The zoning officer shall transmit the applications and all supplementary information to the planning and zoning commission for consideration at a public meeting which will be held, subject to prior notice, within forty-five (45) days following the date the application is received by the zoning officer and deemed complete. The applicant shall pay additional costs associated with a technical engineering review on behalf of the city. A decision by the planning and zoning commission will be made by a formal action to approve, to approve with conditions, or to deny the application for a WTF permit. Any decision by the planning and zoning commission regarding a WTF permit will be based on the evidence contained in the written record established through the application process.

C.

A variance to the requirements of these regulations may be granted by the planning and zoning commission in the same manner and under the same procedures as an application for a WTF permit. A variance may be requested as part of the initial application for a WTF permit or for a preexisting WTF.

No variance will be granted if it is not in the best interest of the community as a whole, and it will not jeopardize the public health, safety, or welfare. The following conditions may be subject of a variance to the requirements of these regulations:

1.

The height of the proposed WTF;

2.

The setback of the tower or antenna to residential zone district boundaries;

3.

Changes to any other dimensional restrictions;

4.

The design of the tower or antenna, with particular reference to design characteristics intended to reduce or eliminate the tower's or antenna's visibility;

5.

The availability of suitable existing towers or other structures; and

6.

Such other factors as may be relevant.

D.

Any aggrieved person or persons affected by a decision made by the planning and zoning commission regarding a WTF permit may appeal to the city council within thirty (30) days after the date of the decision being appealed. Subject to fees and procedures as stated in the comprehensive zoning ordinance for appeal process. The city council shall conduct a public hearing on the appeal within forty-five (45) days following the request for appeal, subject to the prior notice. The city council may, by a majority vote of its members, uphold or reverse the decision of the planning and zoning commission.

(Ord. No. 2015-14, 11-16-2015)