Blanding City Zoning Code

Regulations governing communication towers, antennas, and base units are established to provide for appropriate locations for communications towers, antennas, and base units, to ensure compatibility with surrounding uses, to promote the co-location of communication antennas, and to preserve the City's ability to provide a public safety communication system. 

HISTORY:

(Ord. 2018-3, 11-13-2018)

As used in this chapter, the following words shall mean:

COMMUNICATION ANTENNA: A device intended for receiving or transmitting television, radio, digital, microwave, cellular, personal communication service (PCS), paging or similar forms or wireless electronic communication, including but not limited to directional antennas such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whip antennas.

COMMUNICATION TOWER: Any pole, spire, structure, or combination thereof, including support lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers or monopole towers. A communication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and personal communication service towers.

COMMUNICATION TOWER AND ANTENNA HEIGHT: The height of a freestanding communication tower and antenna shall be measured as the distance from the ground level to the highest point on the tower, including the antenna. The height of a rooftop communication antenna shall be measured as the distance from the point where the base of the tower and antenna is attached to the roof, to the highest point on the supporting structure, including the antenna.

INSTITUTIONAL USE: Educational facilities, parks, cemeteries, golf courses, sport arenas, religious institutions, athletic fields, and publicly owned property.

PUBLIC SAFETY COMMUNICATION SYSTEM: A communication system owned or operated by a governmental entity such as a law enforcement agency, Public Works Department, Municipal transit authority, or medical facility.

PUBLICLY OWNED PROPERTY: Land, buildings, or structures owned by any governmental body or public agency including City, County, State, or Federally owned properties, other than public rights- of-way.

TRANSMISSION EQUIPMENT: Any equipment that facilitates transmission for wireless communication, including, but not limited to, radio transceivers, antennas, and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply. 

HISTORY:

(Ord. 2018-3, 11-13-2018)

1. Notwithstanding any other provisions to the contrary, communication towers and antennas designed for private reception of television and radio signals, used for amateur or recreational purposes, and facade mounted communication antennas attached to existing City-owned light poles and traffic signals in public rights-of-way, shall be permitted in all districts, provided such antennas and towers comply with this Code, and the following:
2. Notwithstanding the height limitations of the zoning district, freestanding towers and antennas shall not exceed thirty five feet (35') in height and rooftop mounted antennas shall not exceed fifteen feet (15') in height.
3. Antennas shall not exceed one meter (1 m) in diameter in Residential Districts and two meters (2 m) in diameter in all other districts.
4. Towers and antennas shall not be located in any required front, side or rear setback.
5. Only one freestanding tower and antenna shall be allowed per residential zoning lot.

HISTORY:

(Ord. 2018-3, 11-13-2018)

1. The following communication towers, antennas, and base units may be allowed as a conditional use.
2. Freestanding communication towers and antennas, including antennas mounted on light poles and similar structures. These towers will not be allowed in Residential Zones.
3. Rooftop mounted communication towers and antennas exceeding fifteen feet (15') in height.
4. Communication towers and antennas designed for private reception of television and radio signals and used for amateur or recreational purposes which exceed thirty five feet (35') in height if freestanding or fifteen feet (15') in height if rooftop mounted, or antennas which exceed one meter (1 m) in diameter in residential districts and two meters (2 m) in diameter in all other districts.
5. Communication towers and antennas that use any portion of a structure, other than the roof for structural support and are not a facade mounted communication antenna.
6. Exceptions are communication antennas and transmission equipment mounted to City-owned light poles or traffic signal davits in public right-of-ways for which a valid attachment permit has been granted.

HISTORY:

(Ord. 2018-3, 11-13-2018)

1. Conditional Use Standards:
2. Tower Type: Communication towers shall be of a monopole design. The City Planner may consider the substitution of alternative tower types in cases where structural, radio frequency, and design considerations, location or the number of co-locators suggests a tower other than a monopole.
3. Co-Location: Shared use of existing communication towers shall be preferred to the construction of a new tower.
4. Height Of Freestanding Towers And Antennas:
5. Commercial Districts: The height of freestanding communication towers and antennas located in a Commercial District shall not exceed one hundred feet (100').
6. Excess Height: The City Planning Commission may increase the height of freestanding towers and antennas, provided that such increase shall not exceed the maximum height by more than fifty percent (50%). The applicant shall submit an inventory of existing and approved communication towers within a one mile radius of the proposed site outlining opportunities for shared use as an alternative to the construction of a new tower, and shall demonstrate to the satisfaction of the City Planning Commission the following:
7. The proposed antenna cannot be accommodated on an existing or approved tower due to one or more of the following reasons:
8. The unwillingness of the owner of the existing or approved tower to co-locate an additional antenna.
9. The planned antenna would exceed the structural capacity of an existing or approved tower.
10. The planned antenna would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented.
11. Other reasons affecting technical performance, system coverage, and system capacity make it impractical to place the proposed equipment on existing or approved towers.
12. The proposed co-location on an existing or approved tower would not conform to the requirements of this title.
13.  The surrounding topography, structures, vegetation, and other factors make a tower that complies with the height regulations impractical.
14. The proposed tower is designed to structurally accommodate both the applicant's antenna and at least one additional user. The applicant shall submit a letter indicating the proposed tower is available for co-location with a phone number for interested parties to call. 

HISTORY:

(Ord. 2018-3, 11-13-2018)

1. All Permitted And Conditional Use Towers, Antennas, And Base Units:
2. Encroachments And Setbacks:
3. The tower site and setback shall be of adequate size to contain guyed wires, debris, and the tower in the event of a collapse.
4. Communication towers shall maintain a minimum distance from the nearest residential structure equal to twice the height of the tower. For the purposes of this chapter, residential structures shall also include any parking structure attached to a principal residential structure.
5. No part of any communication tower, antenna, base unit, equipment, guyed wires, or braces shall extend across or over any part of the public right-of-way, except communication antennas and transmission equipment mounted to City-owned light poles or traffic davits in public rights-of-way for which a valid attachment permit has been granted.
6. Communication towers, antennas, and base units shall comply with applicable regulations as established by the Federal Aviation Administration.
7. Compatibility With Nearby Properties: Communication towers, antennas, and base units shall utilize building materials, colors, and textures that are compatible with the existing principal structure and that effectively blend the tower facilities into the surrounding setting and environment to the greatest extent possible. Metal towers shall be constructed of, or treated with, corrosive resistant material.
8. Base Units: Base units shall not exceed five hundred (500) square feet of gross floor area.
9. Security: All sites shall be reasonably protected against unauthorized climbing. The bottom of the tower, measured from ground level to twelve feet (12') above ground level, shall be designed in a manner to discourage unauthorized climbing.
10. Signage: Advertising or identification of any kind on towers, antennas, and base units shall be prohibited, except for applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local regulations.
11. Lighting: Communication towers and antennas shall not be illuminated by artificial means, except when mounted on an existing light pole or where the illumination is specifically required by the Federal Aviation Administration or other Federal, State, or local regulations.
12. Radio Frequency Emissions And Noninterference: The applicant shall comply with all applicable Federal Communication Commission standards.

HISTORY:

(Ord. 2018-3, 11-13-2018)

All obsolete or unused communication towers, antennas and base units or accessory facilities shall be removed within twelve (12) months of the cessation of operations unless an extension is approved by the City Planning Commission. If an extension is not approved, such towers, antennas and base units shall be deemed a nuisance, and the City may act to abate such nuisance and require their removal at the property owner's expense. The operator shall provide the City with a copy of the Federal Communication Commission notice of intent to cease operations at the same time it submits such notice to the FCC. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all operators cease operation for a period of twelve (12) consecutive months, provided each operator shall provide the City with notice of intent to cease operations. After the facilities are removed, the owner or operator of the site shall restore the site to its original, or to an improved, condition.

HISTORY:

(Ord. 2018-3, 11-13-2018)