A.

The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to:

1.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

2.

Encourage the location of towers in nonresidential areas;

3.

Minimize the total number of towers throughout the community;

4.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

5.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

6.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; and

7.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

B.

In furtherance of these goals, Bullhead City shall give due consideration to the city's master plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

(Ord. 2000-1053 § 3 (part))

A.

As used in this chapter, the following terms shall have the meanings set forth below.

"Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

"Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

"FAA" means the Federal Aviation Administration.

"FCC" means the Federal Communications Commission.

"Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

"Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

"Public safety tower or antenna" means a tower or antenna used exclusively by public safety service providers such as police, fire and emergency medical services.

Editor's note— Ord. No. 2010-23, § 1, adopted September 21, 2010, amended the Code by adding the definition of "public safety tower or antenna" to § 17.40.010. In order to keep definitions together, the definition has been added to § 17.40.020 at the discretion of the editor.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(Ord. No. 2010-23, § 1, 9-21-2010; Ord. 2000-1053, § 3 (part))

A.

The regulations set forth in this chapter shall apply to all new towers and antennas.

B.

The regulations set forth in this chapter shall not apply to the towers and antennas listed in subsections (B)(1) through (B)(3) of this section:

1.

Any tower or the installation of any antenna, that is under seventy feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas;

2.

Preexisting towers and preexisting antennas except that they shall comply with Section 17.40.040(D) of the city Code.

3.

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.

C.

Sections 17.40.040.C.6.—9. and 17.40.060 do not apply to public safety towers or antennas.

D.

Applications for small wireless facilities as described under Chapter 17.41 herein on private property will be processed in accordance with the design standards, concepts and requirements as required by that chapter.

(Ord. No. 2012-9, § 1, 9-18-2012; Ord. No. 2010-23, § 2, 9-21-2010; Ord. 2000-1053, § 3 (part))

A.

Towers and antennas 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 a tower or antenna on such lot. Towers and antennas shall be regulated and permitted pursuant to these regulations and shall not be regulated or permitted as essential services, public utilities or private utilities.

B.

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 towers or antennas may be located on leased parcels within such lot.

C.

For purposes of determining whether the installation of a tower or antenna is appropriate city staff and the Planning and Zoning Commission will consider the factors set forth in Chapter 17.08 and Section 17.40.080 of the city code.

D.

Towers and antennas shall comply with the general requirements set forth below.

1.

Maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

2.

The design of the buildings 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.

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.

4.

There shall not be, artificial lighting, 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.

5.

There shall not be any signs, unless required by the FAA or other applicable authority.

6.

The height of a tower or antenna may not exceed one hundred fifty feet unless a conditional use permit is obtained as described in Section 17.40.060. The height of a tower or antenna may not exceed two hundred fifty feet with a conditional use permit. Public safety towers and antennas may be approved up to two hundred fifty feet administratively.

7.

Towers and antennas must be set back a distance equal to at least seventy-five percent of the height of the tower or antenna from any adjoining lot line. This set back does not apply to public safety towers or antennas. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

8.

Buildings, cabinets, support equipment and storage facilities associated with towers or antennas shall comply with the requirements of Section 17.40.090 of the city code.

9.

Towers, antennas, accessory buildings, cabinets, support equipment and storage facilities shall be enclosed by security fencing not less than six feet in height and which is also equipped with an appropriate anti-climbing device.

10.

Towers, antennas, accessory buildings, cabinets, support equipment and storage facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound. Such materials shall be selected from the list included in Chapter 17.48 of the city code. The minimum buffer shall consist of a landscaped strip at least five feet wide outside the perimeter of the compound.

11.

All towers, antennas, accessory buildings, cabinets, support equipment and storage facilities shall be designed in accordance with and comply with all applicable FCC, FAA, federal, state and local building code regulations.

E.

All towers and antennas must be in continuous compliance with all applicable FCC, FAA, federal and state codes concerning tower or antenna operations and construction as well as any local building code regulations. If, upon inspection, the city concludes that a tower or antenna fails to comply with such regulations and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have thirty days to bring such tower or antenna into compliance with such regulations. Failure to bring such tower or antenna into compliance within such thirty days shall constitute grounds for the removal of the tower or antenna at the owner's expense in accordance with Chapters 17.54 and 17.56 of the city code.

(Ord. No. 2012-9, § 2, 9-18-2012; Ord. 2000-1053 § 3 (part))

A.

An application for the towers and antennas described below shall be reviewed by applicable city departments in accordance with Section 17.40.040(C) above. The department(s) will then make a determination and notify the applicant in writing, within thirty days of receipt of the submittal. If the application is denied, an appeal to the Planning and Zoning Commission may be made through the conditional use permit process described in Section 17.40.060. Such appeal shall be submitted within thirty days of the city's denial.

1.

Towers or antennas may be located on property owned, leased or otherwise controlled by the city; provided, a license or lease authorizing such tower or antenna has been approved by the city.

2.

Any antenna which is attached to a structure located on property zoned multiple-family, commercial or industrial may be permitted as an accessory use; provided, the antenna does not extend more than thirty feet above the highest point of the structure and it complies with all applicable FCC, FAA, federal, state and local building code regulations.

3.

Any antenna which is attached to an existing tower may be permitted subject to compliance with the regulations listed below.

a.

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the city allows reconstruction as a monopole.

b.

An existing tower may be modified or rebuilt to a taller height to accommodate the collocation of an additional antenna. However, the existing tower may not exceed one hundred fifty feet without a conditional use permit or two hundred fifty feet with a conditional use permit.

4.

Installation of a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers, may be permitted.

(Ord. No. 2012-9, § 3, 9-18-2012; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2000-1053, § 3 (part))

A.

An application for the towers and antennas that exceed one hundred fifty feet but not more than two hundred fifty feet will be reviewed by the Planning and Zoning Commission who shall make a determination and notify the applicant in writing, within thirty days of the submittal. Public safety towers and antennas do not require a conditional use permit.

B.

Applications for conditional use permits under this section shall be subject to the procedures and requirements of Section 17.40.080 and Chapter 17.08 of the city code.

(Ord. No. 2012-9, § 1, 9-18-2012; Ord. 2000-1053, § 3 (part))

A.

Applicants for administrative or conditional use permit approval of a tower or antenna shall submit the information listed below.

1.

A scaled site plan clearly indicating the location, type and height of the proposed tower or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other jurisdictions), general plan classification of the site, 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 city to be necessary to assess compliance with this chapter;

2.

Legal description of the parcel;

3.

A landscape plan showing the required buffer and the landscape materials to be used as permitted by Chapter 17.48 of the city code;

4.

Method of fencing and, if applicable, the method of camouflage and illumination;

5.

Evidence in writing from the FAA and FCC as applicable advising that the tower complies with applicable regulations.

6.

A statement from the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(Ord. No. 2012-9, § 5, 9-18-2012; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2000-1053, § 3 (part))

A.

In granting approval, city staff and/or planning and zoning commission may impose conditions to the extent they conclude that such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

B.

City staff and/or the planning and zoning commission shall consider the factors listed below in determining whether to approve a tower or antenna.

1.

Height of the proposed tower;

2.

Proximity of the tower to residential structures and residential district boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.

Proposed ingress and egress;

8.

Availability of suitable existing towers. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the information listed below.

a.

No existing towers or structures are located within the geographic area which meets the applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

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.

e.

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.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

g.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(Ord. No. 2012-9, § 6, 9-18-2012; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2000-1053, § 3 (part))

A.

Accessory buildings, cabinets, support equipment and storage facilities shall comply with all applicable building codes and the minimum zoning district setback requirements.

B.

Accessory buildings, cabinets, support equipment and storage facilities located on the roof of a building shall not occupy more than twenty-five percent of the roof area.

(Ord. 2000-1053 § 3 (part))

A.

Any antenna or tower that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within such ninety days shall be grounds to remove the tower or antenna at the owner's expense in accordance with Chapters 17.54 and 17.56 of the city code. 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.

B.

All towers and antennas shall be maintained in a safe and attractive manner, including the replacement of defective parts, painting, repainting, cleaning and other acts which may be required for the maintenance of such tower or antenna. The city may compel removal of any tower or antenna which is abandoned, dangerous, defective (either materially, electrically, or structurally) or which fails to comply with the requirements of this chapter.

C.

All violations of this chapter shall be processed in accordance with Chapters 17.54 and 17.56 of the city code.

(Ord. 2000-1053 § 3 (part))

A.

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.

Preexisting 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 preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.

C.

Notwithstanding Section 17.40.100, nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Permits to rebuild the facility shall comply with all applicable FCC, FAA, federal, state and local building code regulations and shall be obtained within one year from the date the facility is damaged or destroyed. If no permit is obtained or if such permit expires, the tower or antenna shall be deemed abandoned as specified in Section 17.40.100.

(Ord. No. 2012-9, § 1, 9-18-2012; Ord. 2000-1053, § 3 (part))