1. Purpose: The purpose of this chapter is to provide standards and regulations for the height, location and general design of low power communication towers in the City. The requirements of this chapter apply to both commercial and private low power radio systems, such as cellular or personal communication systems (PCS), amateur radio systems, and paging systems. All facilities approved under this chapter shall comply with these regulations and all other ordinances of the City and any pertinent State or Federal regulations.
2. Separate Use; Business License Required: Each facility shall be considered as a separate use and shall conform to all adopted business license requirements.
3. Staff Review: The staff will review each application for approval to ensure that the proposed facility conforms with adopted ordinances and standards and shall present their findings and recommendations to the Land Use Authority for review and approval. (Ord. 2017-03, 4-12-2017)
   

The following list of definitions is provided to add clarification to the terms used in this chapter. If further clarification of these terms is required, it will be interpreted by the Zoning Administrator pursuant to this title:

AMATEUR RADIO TOWER: Any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers and used by a licensed amateur radio operator for amateur radio reception and transmission, with no commercial activity. The term includes any antenna or antenna array attached to the tower structure.

ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio signals.

COLLOCATION: The act of siting facilities on an existing tower or monopole without the need to construct a new tower, monopole or support structure.

DISTRIBUTED ANTENNA SYSTEM (DAS): A distributed antenna system network consisting of one or more nodes connected by a fiber system to a carrier's base transceiver station or other location commonly referred to in the communications industry as an "eNodeB", or "NodeB", or similar designation.

EXISTING STRUCTURE: Previously erected support structure or any other structure, including, but not limited to, base stations, buildings, water tanks, transmission towers, poles, light poles, traffic signals, signs, or similar structures to which facilities can be attached.

FACILITY: Any facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, wireless services, wireless or mobile telephone service, cellular telephone service, personal communications service (PCS), and paging service. A facility can consist of one or more antennas and accessory equipment attached to a support structure, base station, light pole, structure, node, attachment, or facility, and associated frequencies, technologies, and equipment. A facility may also include a small wireless facility or distributed antenna system.

GUYED WIRE TOWER: An open steel frame supported by guyed wires that extend eighty percent (80%) of the height of the structure away from the structure.

LATTICE TOWER: A self-supporting, multiple sided, open steel frame structure used to support telecommunications equipment.

MICRO WIRELESS FACILITY: A type of small wireless facility:

1. That, not including any antenna, is no larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height;
2. On which any exterior antenna is no longer than eleven inches (11"); and
3. That only provides Wi-Fi service.

MONOPOLE: A single cylindrical steel or wood pole that acts as the support structure for antennas.

ROOF MOUNTED ANTENNA: An antenna or series of antennas mounted on an existing roof, mechanical room or penthouse of a building.

SMALL WIRELESS FACILITY: A type of wireless facility:

1. On which each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and
2. For which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than twenty eight (28) cubic feet in volume, not including any:
   1. Electric meter;
   2. Concealment element;
   3. Telecommunications demarcation box;
   4. Grounding equipment;
   5. Power transfer switch;
   6. Cut-off switch;
   7. Vertical cable run for the connection of power or other service;
   8. Wireless provider antenna; or
   9. Coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility.

STEALTH FACILITY: Any facility that is integrated as an architectural feature of an existing structure or changes a support structure design so that the purpose of the facility or support structure for providing wireless services is not readily apparent and architecturally compatible with its natural surroundings including, but not limited to, monopines, water tanks, bell towers, small wireless facilities, utility poles, light poles, traffic signals, adornment poles, or similar structures to which a facility or small wireless facility may be attached.

SUPPORT STRUCTURE(S): A structure designed to support facilities including, but not limited to, monopoles, vertical facilities, utility poles, light poles, traffic signals, billboards, and other freestanding self-supporting structures.

UTILITY POLE: A pole or similar structure, whether owned by a public utility or the City, that is in a right-of-way and is or may be used, in whole or in part, for:

1. Wireline communications;
2. Electric distribution;
3. Lighting;
4. Traffic control;
5. Signage; or
6. The collocation of a small wireless facility.

WALL MOUNTED ANTENNA: An antenna or series of antennas mounted against the vertical wall of a building or structure.

WHIP ANTENNA: An antenna that is cylindrical in shape that can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed. (Ord. 2017-03, 4-12-2017; amd. Ord. 2018-28, 11-14-2018)

1. Staff Review: All applications for approval of a low power or amateur radio tower or cellular or PCS facility will be reviewed by the staff for conformance to adopted standards.
2. Administrative Approval And Land Use Authority: If the proposed tower is a permitted use in the zone, the application may be approved administratively by the Zoning Administrator. All applications that require a conditional use permit for approval of a low power radio tower or cellular or PCS facility, if approved, shall be in accordance with chapter 20 of this title. Applications for small wireless facilities, micro wireless facilities, and DAS shall follow the procedure and comply with the provisions set forth in subsection 11-24-4F of this chapter.
3. Appeal: Any interested party, including the applicant, may appeal any action of the Planning Commission pursuant to the appeal of conditional use permit procedures contained in section 11-20-5 of this title. Appeals of an action of the Zoning Administrator shall be directed to the Appeals and Variance Hearing Officer pursuant to the procedures contained in section 11-36-6 of this title. (Ord. 2018-28, 11-14-2018)
4. Conformance: All structures or additions to structures shall conform to all adopted Building Codes.
5. Landscaping Requirements: For all facilities requiring a conditional use permit, it shall be within the discretion of the Zoning Administrator as to whether landscaping is required. (Ord. 2017-03, 4-12-2017)
   

Low power or amateur radio tower or cellular or PCS facilities are characterized by the type or location of the antenna structure. The general types of such antenna structures include wall mounted, roof mounted, monopoles less than two feet (2') in diameter, monopoles two feet (2') or greater in diameter, stealth facilities, and small wireless facilities and amateur radio towers. Standards for installation and construction of each type of structure are listed below:

1. Wall Mounted Antenna: A wall mounted antenna is an antenna or series of antennas mounted against the vertical wall of a building or structure. Structures include, but are not limited to, buildings, smokestacks, water tanks and grain elevators. Types of approval required for wall mounted antennas are as listed in section 11-24-5, "Charts", of this chapter. Any wall mounted antenna shall comply with the following standards:
   1. Wall mounted antennas shall not extend above the wall line of the structure more than four feet (4'), nor shall it protrude more than four feet (4') from the wall.
   2. Wall mounted antennas and associated equipment shall be painted to match the color of the predominant background against which they are most commonly seen. All support structures and antennas should be architecturally compatible with the building or structure. Whip antennas are not allowed on a wall mounted antenna structure.
   3. If any associated equipment is located on the ground, it shall be enclosed by a sight obscuring fence and landscaped to match the surrounding landscaping subject to the discretion of the Zoning Administrator.
   4. The owner of any structure on which a wall mounted antenna is located must, in person or in writing, agree to all conditions of approval, including the removal of a vacated antenna.
2. Roof Mounted Antenna: A roof mounted antenna is an antenna or series of antennas mounted on the roof, mechanical room or penthouse of a building or structure. Types of approval required for roof mounted antennas are as listed in section 11-24-5, "Charts", of this chapter. Any roof mounted antenna shall comply with the following standards:
   1. Roof mounted antennas may only be erected on buildings or structures with a flat roof and shall be screened, constructed and/or colored to match the structure on which they are located.
   2. Antennas must be set back from the edge of the structure no less than one foot (1') for every one foot (1') of vertical antenna height to a maximum height of ten feet (10'). In no case shall a roof mounted antenna be closer than five feet (5') from the edge of the structure on which it is erected.
   3. If any associated equipment is located on the ground, it shall be enclosed by a sight obscuring fence and landscaped to match the surrounding landscaping subject to the discretion of the Zoning Administrator.
   4. The owner of any structure on which a roof mounted antenna is located must, in person or in writing, agree to all conditions of approval, including the removal of a vacated antenna.
3. Monopole Structures Less Than Two Feet In Width: A monopole structure less than two feet (2') in width is a single cylindrical steel or wooden pole that acts as the support structure for an antenna or series of antennas. Types of approval required for monopole structures less than two feet (2') in width are as listed in section 11-24-5, "Charts", of this chapter. These types of structures are intended to be placed on light poles, light standards, flagpoles and other existing or planned vertical structures. The following requirements must be satisfied prior to construction of a monopole less than two feet (2') in width:
   1. The total antenna structure mounted on a monopole shall not exceed two feet (2') in width or diameter, nor exceed ten feet (10') in height. The entire monopole itself shall not exceed sixty feet (60') in height.
   2. No monopole antenna shall be placed in or within two hundred feet (200') of a residential zone.
4. Monopole Structures Two Feet Or Greater In Width: A monopole structure two feet (2') or greater in width is a single cylindrical steel or wooden pole that acts as the support structure for an antenna or series of antennas. Types of approval required for monopole structures two feet (2') or greater in width are as listed in section 11-24-5, "Charts", of this chapter. The following requirements must be satisfied prior to construction of a monopole two feet (2') or greater in width:
   1. The actual antennas and antenna support structure on a monopole shall not exceed thirteen feet (13') in width and eight feet (8') in height.
   2. No monopole shall be erected within two hundred feet (200') of a residential zone or within a one-half (1/2) mile radius to another monopole tower, unless grid documentation is supplied by an independent consultant stating that collocation will create an unreasonable hardship.
   3. All monopoles shall be less than sixty feet (60') in height, unless the tower is designed for collocation of antenna structures. In the case of collocation, the height of the tower may be increased by twenty feet (20') for each potential collocation, not to exceed three (3) potential collocations or one hundred feet (100') in total monopole height.
   4. Collocation of more than one antenna structure is a permitted use on all approved monopoles and is approved administratively by the Zoning Administrator.
   5. The applicant must supply the City with a letter indicating that if technology renders the tower obsolete or the tower is vacated, the applicant will remove the tower and all associated equipment within ninety (90) days of the vacation of the tower.
   6. Monopole towers may not be constructed in the required setback, landscape buffer area or required parking area of any zone.
   7. All associated equipment located on the ground shall be enclosed by a fence and landscaped similar to surrounding landscaping subject to the decision of Zoning Administrator.
   8. The owner of any property on which a monopole tower mounted antenna is located must, in person or in writing, agree to all conditions of approval, including the removal of a vacated antenna.
5. Stealth Facilities: Types of approval required for stealth facilities are as listed in section 11-24-5, "Charts", of this chapter. The following requirements must be satisfied prior to construction of stealth facility:
   1. The actual antennas and antenna support structure on a stealth facility shall not exceed thirteen feet (13') in width and ten feet (10') in height.
   2. A stealth facility shall be set back from any residential property lines a distance equal to twenty five percent (25%) of its height measured from the base of its structure to its highest point or within a one-half (1/2) mile radius to another stealth facility unless grid documentation is supplied by an independent consultant stating that collocation will create an unreasonable hardship.
   3. All stealth facilities shall be no greater than eighty feet (80') in height, unless the facility is designed for collocation of antenna structures. In the case of collocation, the height of the facility may be increased by ten feet (10') for each potential collocation, not to exceed two (2) potential collocations or one hundred feet (100') in total height.
   4. Collocation of more than one antenna structure is a permitted use on all approved stealth facilities and is approved administratively by the Zoning Administrator.
   5. The applicant, if technology renders the tower obsolete or the stealth facility is vacated, shall remove the stealth facility and all associated equipment within ninety (90) days of the vacation of the stealth facility, and shall provide the City with a letter to that effect.
   6. Stealth facilities may not be constructed in the required setback, landscape buffer area or required parking spaces of any zone.
   7. All associated equipment located on the ground shall be enclosed by a fence and landscaped similar to surrounding landscaping subject to the decision of the Zoning Administrator.
   8. The owner of any property on which a stealth facility is located must, in person or in writing, agree to all conditions of approval, including the removal of a vacated stealth facility.
6. Small Wireless Facilities, Micro Wireless Facilities, And DAS: Types of approval required for small wireless facilities and DAS are as listed in section 11-24-5, "Charts", of this chapter. The following requirements must be satisfied prior to construction of small wireless facilities: (Ord. 2017-03, 4-12-2017)
   1. Compatible With Surroundings: Small wireless facilities shall be architecturally compatible with the natural surroundings and designed and located so as to minimize any adverse aesthetic impact.
   2. Painting And Screening: Small wireless facilities shall be painted or reasonably screened to match as closely as possible the color and texture of the existing structure or pole on which it is mounted.
   3. Placement On Existing Structures: Applicants shall have the right to place small wireless facilities on existing structures, including, but not limited to, base stations, buildings, water tanks, transmission towers, utility poles, or similar structures to which small wireless facilities can be attached.
   4. Monopole Or Replacement Pole In Public Rights-Of-Way: A monopole or replacement poles that will support a small wireless facility shall be permitted within utility easements (but excluding public utility easements surrounding lots or parcels) or public rights-of-way, in accordance with requirements of this section.
      1. Small wireless facility located within utility easements or public rights-of-way are exempted from setback requirements.
      2. The public right-of-way may also contain overhead utility transmission and/or distribution structures that are eighty feet (80') or greater in height.
      3. The height of the monopole or replacement pole may not exceed fifty feet (50').
      4. Single carrier monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by subsection F4c of this section.
      5. Small wireless facilities that use the structure of a utility pole for support are permitted under this section. Such poles may extend up to ten feet (10') above the height of the utility pole.
   5. Poles Supporting Public Facilities: Monopoles or replacement poles located on public property or within public rights-ofway that will support public facilities or equipment in addition to small wireless facilities shall be permitted in accordance with requirements of this section. Examples include, but are not limited to, Municipal communication facilities, athletic field lights, traffic lights, streetlights, and other types of utility poles in the public right-of-way.
   6. Application Required: Any person seeking to collocate a small wireless facility or DAS in a right-of-way, or install a new, modified, or replacement utility pole associated with a small wireless facility in a right-of-way shall submit an application and pay the applicable fees.
   7. Application Review: Applications for all small wireless facilities, DAS and other similar networks shall be reviewed administratively and received administrative approval by the Zoning Administrator in according with subsection 11-24-3B of this chapter.
   8. Fees; Rates:
      1. Fees: Application fees shall be as follows:
         1. Collocation of a small wireless facility or DAS on an existing or replacement utility pole, one hundred dollars ($100.00) for each small wireless facility on the same application.
         2. Installation, modification, or replacement of a utility pole associated with a small wireless facility or DAS, two hundred fifty dollars ($250.00).
      2. Rates:
         1. Collocate On Authority Pole: The rate to collocate a small wireless facility or DAS on a City-owned pole is fifty dollars ($50.00) per year, per pole.
         2. Use Of Right-Of-Way: The rate to use or occupy a right-of-way shall be the greater of 3.5 percent of all gross revenue related to the wireless provider's use of the right-of-way for small wireless facilities or two hundred fifty dollars ($250.00) annually for each small wireless facility.
   9. Completeness Of Application:
      1. Within thirty (30) days after the day on which the City receives an application for the collocation of a small wireless facility or for a new, modified, or replacement utility pole, the authority shall:
         1. Determine whether the application is complete; and
         2. Notify the applicant in writing of the authority's determination of whether the application is complete.
      2. If the City determines within the time specified that the application is incomplete:
         1. The City shall specifically identify the missing information in the written notification sent to the applicant; and
         2. The processing deadline is tolled from the day on which the City sends the applicant the written notice to the day on which the City receives the applicant's missing information, or as otherwise agreed by the City and the applicant.
         3. The City shall approve or deny a revised application within thirty (30) days after receipt of a revised application.
   10. Exemptions From Application Requirement: Applications, permits and accompanying fees are not required for the following:
       1. Routine maintenance;
       2. The replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or
       3. The installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code. Nothing in this subsection may be interpreted as eliminating the requirement to obtain an encroachment permit for work that requires work within a public right-of-way.
   11. Expiration Of Application: An application for a small wireless facility expires if the City notifies the applicant that the application is incomplete and the applicant fails to respond within ninety (90) days after the day on which the City notifies the applicant.
   12. Administrative Review And Approval: Small wireless facilities, micro wireless facilities, DAS and other similar networks shall be allowed in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this chapter.
       1. The City shall approve or deny an application:
          1. For the collocation of a small wireless facility, within sixty (60) days after the day on which the City receives the complete application, and
          2. For a new, modified, or replacement utility pole, within one hundred five (105) days after the day on which the City receives the complete application.
       2. If the City fails to approve or deny an application within the applicable time period, the application is approved.
       3. The City may extend the applicable period for a single additional period of ten (10) business days if the City notifies the applicant before the day on which approval or denial is originally due.
       4. The City may deny an application to collocate a small wireless facility or to install, modify, or replace a utility pole that meets the height limitations only if the action requested in the application:
          1. Materially interferes with the safe operation of traffic control equipment;
          2. Materially interferes with a sight line or a clear zone for transportation or pedestrians;
          3. Materially interferes with compliance with the Americans With Disabilities Act of 1990, 42 USC section 12101 et seq., or a similar Federal or State standard regarding pedestrian access or movement;
          4. Fails to comply with applicable laws or legal obligations;
          5. Creates a public health or safety hazard; or
          6. Obstructs or hinders the usual travel or public safety of the right-of-way.
       5. If an application is denied, the City shall document the basis for the denial, including any specific law upon which the denial is based and send the documentation to the applicant on or before the day on which the City denies the application. Thereafter, an applicant may cure deficiencies in an application as set forth in the Utah Small Wireless Facilities Deployment Act ("Act").
   13. Location Of Small Wireless Facilities Within A Public Right-Of-Way: Small wireless facilities may be located within a public right-of-way that is designated by the City a local, collector, or arterial street, with a right-of-way at least fifty feet (50') in width.
   14. Franchise Agreement Required: Any applicant to place a small wireless facility in a public right-of-way shall enter into a franchise agreement with the City in accordance with title 7, chapter 3, "Telecommunications Use Of Rights-Of-Way", of this Code.
   15. Design Standards: Applicants shall comply with the City's adopted Standards and Specifications.
   16. Decorative Poles: If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetic of the displaced decorative pole in the City's reasonable discretion.
   17. Underground Or Concealed Facilities: Applicants shall comply with the requirements of section 7-3-13, "Underground Facilities Within Public Rights-Of-Way", of this Code or completely conceal equipment, excluding antennae, within utility poles. An applicant may seek a waiver from this requirement by submitting a written request to the City Council setting forth the reasons why a waiver is just under the applicable circumstances. The City Council in its sole discretion may approve or deny a waiver request. The City Council shall allow the applicant to be heard and shall consider the applicant's request in a fair, reasonable, and nondiscriminatory manner. The City Council shall have a rational basis for its decision to either approve or deny the waiver request.
   18. Compliance With Law: An applicant for a small wireless facility shall comply in all respects with the Act, franchise agreements, and all other applicable local, State, and Federal law. In case of conflict between the provisions of this chapter and the Act, the Act shall control.
   19. Appeals: Appeals of final orders and decisions of the Zoning Administrator shall be made to the City's Appeals and Variance Hearing Officer pursuant to section 11-3-4 of this title, variance and appeal procedures.
   20. Removal: An applicant shall remove a facility or utility pole within sixty (60) days of non-use. (Ord. 2018-28, 11-14-2018)
7. Amateur Radio Towers: Amateur radio towers, as defined in this chapter, shall comply with the following standards:
   1. Types of approval required for amateur radio towers are as listed in section 11-24-5, "Charts", of this chapter.
   2. Amateur radio towers shall not be placed within any front setback area and must be located on a site so as to provide a minimum distance equal to seventy percent (70%) of the height of the tower from all property lines. The minimum distance required by this paragraph shall be measured from the base of the amateur radio tower to all abutting property lines. Guywires must be anchored within the applicant's property boundary.
   3. No signals or illumination shall be permitted on any amateur radio tower unless required by the Federal, State law or local ordinance. Should lighting be required by Federal, State or local law or ordinance, the lighting shall be placed on the amateur radio tower and designed in such a way as to minimize the glare on adjacent residential and nonresidential properties.
   4. No signs shall be permitted on amateur radio towers with the exception of signs required by FCC regulations or signs containing warning or safety instructions. Signs are limited to four (4) square feet in size and commercial advertising is expressly prohibited.
   5. Every amateur radio tower shall be protected from trespassers in order to discourage the climbing of the tower by unauthorized persons.
   6. The application for a permit shall be submitted on a form designated by the Zoning Administrator and at a minimum shall include the following information: a) a complete plot plan containing a drawing showing the property boundaries, tower, guywires, and other apparatus, fences, and existing land uses surrounding the site, and b) a statement as to the height of the proposed amateur radio tower.
   7. All amateur radio towers and support structures shall conform to all adopted Building Codes. (Ord. 2017-03, 4-12-2017)
      

The chart below indicates where low power radio communication towers, facilities and antennas may be located in the city and what type of approval is required:

(Ord. 2017-03, 4-12-2017)

The chart below indicates where amateur radio communication towers, facilities and antennas may be located in the city and what type of approval is required:

(Ord. 2015-03, 4-22-2015; amd. Ord. 2017-03, 4-12-2017)