Brookings City Zoning Code
CHAPTER 17
164 WIRELESS TELECOMMUNICATION FACILITIES
§ 17.164.010 Purpose.
The purpose of this section is to provide criteria to regulate the siting and operation of wireless telecommunication facilities within the city of Brookings, that meet the provisions of federal law and do not unreasonably discriminate among wireless telecommunication providers.
(Ord. 89-O-446 § 1; Ord. 99-O-446.GG § 1)
§ 17.164.020 Definitions.
A.
“Antenna”
means a device commonly in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. An antenna is typically mounted on a supporting tower, pole, mast or building.
B.
“Collocation”
means the placement of two or more antenna systems or platforms by separate FCC license holders (“providers”) on a structure such as a tower, building, water tank or utility pole.
C.
“Stealth characteristics”
means the use of camouflage techniques to disguise or minimize the visual impact of a tower or antennas (i.e., located in conjunction with a church, steeple, stadium lighting, made to look like a tree or flagpole, etc.)
D.
“Wireless telecommunication”
means the transmission, via radio frequency electromagnetic waves, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
E.
“Wireless telecommunication facility”
means an unmanned facility for the transmission and reception of radio frequency (RF) signals; usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure (tower), antennas or other, transmission and reception devices.
F.
“Wireless telecommunication provider”
means a person or company in the business of offering telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
G.
“Wireless telecommunication tower”
means a structure more than 10 feet tall, built primarily to support one or more telecommunication antennas.
(Ord. 89-O-446 § 1; Ord. 99-O-446.GG § 1)
§ 17.164.030 Application.
An application for a wireless telecommunication tower shall be made and processed pursuant to Chapter 17.136 BMC, Conditional Use Permits, except when in the public open space zone as allowed in Chapter 17.40 BMC, Public Open Space (P/OS) District.
(Ord. 89-O-446 § 1; Ord. 99-O-446.GG § 1)
§ 17.164.040 Siting requirements.
A.
Height. The maximum tower height shall not exceed 100 feet from the finished grade at the base of the tower.
B.
Front, Side and Rear Yard Setbacks. Front and yard setbacks shall be determined by the underlying zone in which the tower is to be placed.
C.
Construction. All new wireless telecommunication towers shall be of a lattice or monopole structure. Where possible new towers will be located in such a manner that they blend in with the background around them, using stealth characteristics. If the new wireless telecommunication facility is to be collocated on an existing tower, the design of any antenna(s), accessory structures or equipment shall, to the extent possible, use materials colors and textures that will match the existing tower structure to which the equipment of the collocating provider is being attached.
D.
Collocation. New towers shall be constructed so as to allow at least two or more users to collocate on the facility. If collocation is not possible, all applications shall include findings which demonstrate why it is not possible.
E.
Fencing and Security. For security purposes, towers and accessory facilities shall be enclosed by a minimum eight-foot sight-obscuring fence.
F.
Lighting. No lighting shall be permitted on a tower except as required by the FAA.
G.
Advertising/Signs. No advertising or signs of any type are to be placed on the tower at any time except those required or necessary for safety and warnings.
H.
Landscaping. All sites shall be landscaped pursuant to the requirements of the underlying zone. Towers located in the P/OS (public open space) and I-P (industrial-park) zones will also include sight-obscuring landscaping around the security fence. The planning commission may require additional landscaping as a condition of approval.
(Ord. 89-O-446 § 1; Ord. 99-O-446.GG § 1)
§ 17.164.050 Abandoned towers.
A.
Wireless telecommunication towers that do not have functioning antennas for a period of six months shall be considered to be abandoned and shall be removed by the operator within 60 days thereafter.
B.
Upon written application, prior to the expiration of the six-month period, the planning commission may, in writing, grant a six-month time extension for reuse of the facility. Additional extensions beyond the first six-month extension may be granted by the planning commission subject to any conditions required to bring the project or facility into compliance with current regulation(s) and make it compatible with surrounding development.
(Ord. 89-O-446 § 1; Ord. 99-O-446.GG § 1)
