Centerville City Zoning Code

The requirements of this Chapter shall apply to wireless telecommunications facilities such as "cellular" or "PCS" (Personal Communications System) communications and paging systems.

1. Facility Types. The following types of wireless telecommunication facilities shall be governed by this Chapter:
   
   1. Flush-mounted and non-flush-mounted wall antennas;
      
   2. Hidden antennas;
      
   3. Lattice towers;
      
   4. Monopoles;
      
   5. Roof-mounted antennas;
      
   6. Stealth-design antennas; and
      
   7. Whip antennas.
      
2. Other Laws. The requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Centerville Municipal Code, or other laws, including pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration.

The development standards set forth in this Section shall apply to a wireless telecommunication facility established as a permitted use. The standards in each Subsection are not mutually exclusive; thus the requirements of more than one Subsection may apply in any given case.

1. General Requirements. The following development standards shall be applicable to all facilities regardless of the facility type or zone within which the facility is proposed to be located.
   
   1. The proposed facility shall be located on an approved structure and/or site in conformance with the Centerville Municipal Code. If a proposed facility site does not conform to the Centerville Municipal Code, the carrier shall submit and have approved by the Zoning Administrator a plan to bring the structure and/or site into conformance with the Code prior to completion and operation of a proposed facility. This plan shall be submitted with a permitted use application in accordance with CZC 12.21.090.
      
   2. Any associated mechanical or electrical equipment shall be completely screened from view, from public rights of way, on site parking areas and adjacent properties, with a fence and/or landscaping.
      
   3. The proposed facility, including associated mechanical and electrical equipment, shall not be located within a public right-of-way.
      
   4. The proposed facility shall conform to the requirements of this Title, the Centerville Municipal Code, and other laws, including pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration.
      
   5. Copies of required permits from pertinent federal agencies establishing compliance with applicable federal regulations shall be filed with the City prior to the issuance of a permit for a proposed facility.
      
   6. The proposed facility shall conform to applicable development standards set forth in this Section.
      
2. Stealth-Design Antennas. The following provisions shall apply to stealth-design antennas. The intent of this subsection is to allow creativity in designing a proposed facility so that it will have essentially no visual impact.
   
   1. Stealth designs may include, but are not limited to, the use of one or more of the following:
      
      1. Screening, structure and/or antenna design which blend with the architecture of the existing structure upon which the antenna will be mounted;
         
      2. Screening, structure, antenna and/or location design which blend with and/or take advantage of existing vegetation and/or features of a site; and
         
      3. Color schemes that make an antenna less noticeable.
         
   2. The City shall determine whether or not a proposed facility design will have essentially no visual impact.
      
      1. The Zoning Administrator may determine whether a proposed stealth design meets the intent of this Subsection or may defer the matter to the Planning Commission.
         
      2. If a determination is made that a proposed facility design will have a visual impact, a conditional use permit shall be required as set forth in CZC 12.67.070.
         
3. Roof-Mounted Antennas. The following provisions shall apply to roof mounted antennas.
   
   1. Roof-mounted antennas shall be permitted on flat roofs and shall be screened, constructed and/or colored to match the structure to which they are attached.
      
   2. Roof-mounted antennas shall be permitted on pitched roof structures only if determined to be a stealth design as set forth in this section.
      
   3. Roof-mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms provided the following requirements are met:
      
      1. The antennas and antenna support structures are enclosed by a structure that creates a visual screen that is architecturally compatible with the building.
         
      2. The screening structure, antennas and antenna mounting structures do not extend more than eight feet above the existing roof line of a penthouse or mechanical equipment room.
         
   4. Roof-mounted antennas not mounted on a penthouse or mechanical equipment room shall be allowed as follows:
      
      1. On buildings without parapet walls, antennas shall be mounted a minimum of five feet from the exterior wall of a building.
         
         1. Antennas mounted between 5 and 10 feet from the exterior wall shall have a maximum height directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of 10 feet above the roof line of the building to which the antenna is attached.
            
         2. Regardless of setback from exterior walls, antennas shall not exceed a maximum height of 10 feet above the roof line of the building.
            
      2. On buildings with parapet walls, antennas shall be mounted at least five feet behind the parapet wall.
         
         1. For antennas mounted between 5 and 10 feet behind a parapet wall, the maximum height of the antenna shall be directly proportional to the distance the antenna is set back from the wall up to a maximum of 10 feet as measured from the top of the parapet wall.
            
         2. Regardless of setback from parapet walls, no antenna shall extend more than 15 feet above the roof line of the building itself unless approved pursuant to a conditional use permit. 
            
4. Wall-Mounted Antennas. The following provisions shall apply to flush and non-flush mounted wall antennas.
   
   1. Wall mounted antennas shall not:
      
      1. Extend above the wall line of the building; and
         
      2. Extend more than one foot horizontally from the wall surface.
         
   2. Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen.
      
   3. Antennas and the supporting structures on buildings shall be architecturally compatible with the building.
      
   4. Whip antennas shall not be allowed on a wall mounted antenna structure.
      
   5. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roof or parapet line of such structures, shall be considered wall mounted antennas.
      
   6. The maximum number of carriers per building shall be as follows:
      
      1. In commercial and industrial zones: one carrier for the front side of each building and no limit on other building sides.
         
      2. In residential and agricultural zones: one carrier per building side, up to a maximum of four building sides. All antennas shall be approved stealth- design antennas as set forth in this Section.
         
   7. The total antenna area per carrier shall be as follows:
      
      1. In commercial and industrial zones: each carrier’s total combined area allowed for wall mounted antennas and supporting structures shall not exceed 40 square feet for each exterior wall of the building or a total of 160 square feet per building. The total area is the sum of the area of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building.
         
      2. In residential and agricultural zones: Subsection (A) shall apply except on residential structures. Such structures shall be evaluated on a case-by-case basis as part of the stealth-design requirements set forth in this Section.
         
   8. Not more than four walls shall be occupied by antennas except on residential buildings which shall be evaluated on a case-by-case basis as part of the stealth-design requirements set forth in this Section. 
      
5. Monopoles with Antennas and Antenna Support Structures. The following provisions shall apply to monopoles with antennas and antenna support structures.
   
   1. The location of a monopole shall be as follows:
      
      1. A monopole shall not be located in a residential or agricultural zone, except a stealth-design monopole as may be allowed by a conditional use permit pursuant to CZC 12.67.070.
         
      2. A monopole may be located in commercial, or industrial zones so long as it is not within a required yard, landscaping, buffering, or parking area.
         
      3. A monopole may be located in a public facility zone if approved by a conditional use permit, so long as it is not within a required yard, landscaping, or parking area.
         
      4. A monopole shall be setback as follows:
         
         1. A minimum of two feet for every foot of pole height from the closest line of any property in an adjacent residential zone in which a residential use is located or may be located. The Planning Commission may reduce the required setback from a residential zone if practical difficulties are demonstrated by the carrier.
            
         2. In addition to the minimum setbacks required by the zone and other locational restrictions of this subsection, a monopole shall be set back from all public rights of way the greater of 100 feet or one foot for every one foot of monopole height, as set forth in this Section.
            
         3. A monopole shall not be located within 500 linear feet from another monopole.
            
   2. The height of a monopole shall be as follows:
      
      1. The maximum height of a monopole with antennas and antenna support structures shall be 60 feet.
         
      2. Height shall be measured from the average finished grade at the base of the monopole to the top of the highest portion of the facility.
         
   3. The maximum visible width of antennas and antenna mounting structures on a monopole shall not exceed 10 feet in height or 15 feet in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structure. 
      
   4. A monopole shall be fenced for security purposes as required in this Section.
      
   5. There shall be no climbing pegs located on the lower 20 feet of any monopole.
      
   6. Antennas may be co-located on a single monopole subject to the development standards of this Section.
      
6. Accessory Buildings and Equipment. Accessory buildings and equipment shall conform to required setback, height, and landscaping requirements of the zone in which they are located. Accessory equipment not located within an accessory building shall be fenced.
   
7. Fencing. A monopole, accessory equipment, and other apparatus associated with antennas and antenna support structures, shall be enclosed with a six foot high vinyl coated chain link fence unless located within a building.
   
8. Undergrounding of Lines. All communication and power lines to or between any accessory building, accessory equipment, and antenna structures shall be located underground.
   
9. Facilities Located in Commercial Zones. The facilities set forth below shall be permitted uses in commercial, public facility, and industrial zones so long as they meet the requirements of this Subsection and are not located on otherwise undeveloped property.
   
   1. Hidden antenna;
      
   2. Stealth-design antenna;
      
   3. Flush mounted wall antenna;
      
   4. Roof mounted antenna that is:
      
      1. Completely enclosed from view within an architecturally compatible screen; and
         
      2. Set back at least 10 feet from exterior walls of a building on non parapet wall buildings, or 10 feet from a parapet wall on parapet wall buildings; and
         
   5. Monopole so long as:
      
      1. An application is for a second carrier to co locate on an existing monopole previously approved by a conditional use permit; and 
         
      2. The height of an existing monopole will not be increased by more than 20 feet.
         
10. Facilities Located in Residential, Agricultural, and Public Facility Zones. The facilities set forth below shall be permitted uses in residential, agricultural, and public facility zones. 
    
    1. Hidden antennas mounted within any building or structure.
       
    2. Stealth-design antennas mounted on:
       
       1. Agricultural buildings or structures;
          
       2. Churches;
          
       3. Residential structures; and
          
       4. Public or private school buildings or structures.

The development standards of CZC 12.67.060 shall apply to a wireless telecommunication facility established as a conditional use except as otherwise modified by this Section.

1. Antennas and Mounting Structures On or Over Public Rights-of-Way. Antennas and mounting structures shall not encroach on or over the public sidewalk or on or over a public right-of-way unless:
   
   1. The facility is approved by conditional use permit on existing structures located in the right-of-way;
      
   2. Associated mechanical and electrical equipment is not located in the public right-of-way;
      
   3. The facility is virtually hidden from view;
      
   4. The existing structure is proven structurally sound to support the proposed facility; and
      
   5. The carrier signs an agreement with the City which includes provisions that:
      
      1. Hold the City harmless from any liability claims as a result of the facility;
         
      2. Require the carrier to provide, prior to permit issuance, proof to the City that the carrier has acquired sufficient liability insurance as may be required by the City; and
         
      3. Name the City as co-beneficiary of the insurance policy.
         
2. Facilities in Historic Districts. Any facility proposed within a historic district or on a landmark site as defined by the City, County, State or the Federal governments shall be approved by a conditional use permit and shall be subject to review by the Historic Preservation Commission in accordance with CZC 12.67.090.
   
3. Fencing and Screening Requirements. Specific fencing and screening plans for each facility shall be submitted to the City in conjunction with a conditional use permit application. Higher grade fencing, more aesthetic fence designs, and landscaping may be required for the purposes of visual screening, architectural compatibility, site compatibility, and other impact mitigation.
   
4. Monopoles.
   
   1. The height of an existing monopole located in a commercial public facility, or industrial zone may be increased if approved by a conditional use permit. No monopole with antennas and antenna support structures shall exceed a height of 100 feet.
      
   2. A monopole may be located within 500 linear feet from another monopole if approved by a conditional use permit.
      
   3. The maximum height of a monopole with antennas and antenna support structures may be increased if approved by conditional use permit for co-location of a second carrier on an existing monopole. In the event co-location for the second carrier is terminated, the original carrier shall reduce the height of the monopole to its originally approved height within 30 days from the date the second carrier files with the FCC a “Notice to Abandon" the facility. The City shall receive a copy of the “Notice to Abandon” filed with the FCC.
      
5. Non-Flush-Mounted Wall Antennas. A non-flush-mounted wall antenna may extend more than six feet horizontally from the wall surface if approved by a conditional use permit.
   
6. Stealth-Design Antennas and Monopoles. A stealth-design monopole may be located in residential, agricultural, or public facility zones if approved by a conditional use permit. Final determination of the acceptability of a stealth-design antenna or monopole shall be made as part of the conditional use permit process.
   
7. Additional Conditional Use Factors. In addition to conditional use standards outlined in CZC 12.21.100(e), the following factors shall be considered in evaluating an application for a conditional use permit:
   
   1. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures;
      
   2. For new sites, whether location of the antenna on other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is possible without significantly impacting antenna transmission or reception;
      
   3. Antenna location in relation to existing vegetation, topography, and buildings to obtain the best visual screening; and
      
   4. Whether spacing between monopoles creates quantifiable detrimental impacts to adjoining properties.
      
   5. If practical difficulties are demonstrated by the applicant or upon detailed demonstration by the applicant that a proposed facility can be effectively screened from the view of nearby sensitive land uses, the Planning Commission may reduce a required setback from a residential zone provided that no pole shall be closer than one and one-half times the height of the pole to any dwelling.

Prior to considering a conditional use permit application for any facility within a historic district or on a landmark site, the application shall be reviewed by the Historic Preservation Commission. The Historic Preservation Commission shall review the application with respect to the development standards set forth in this Chapter and standards for issuance of a conditional use permit.

1. Letter Agreement. Prior to approval of an application for any facility, an applicant shall supply the City with a letter agreeing to the requirements and processes of this Section. The letter agreement shall state that if technology renders the facility obsolete, the facility is not maintained, the facility is abandoned, or the facility is vacated, the carrier will provide the City with a copy of a “Notice to Abandon” to be filed with the FCC and will remove the facility as set forth in this Section.
   
2. Notice.
   
   1. If the Zoning Administrator determines that a facility is not maintained, is abandoned or is vacated, the Zoning Administrator shall send the carrier a Notice of Non Maintenance or Abandonment by certified mail.
      
   2. If a facility subject to the foregoing notice requirement has not been repaired, put into use or removed within 30 calendar days of the carrier’s receipt of the notice, the Zoning Administrator may send the carrier a certified Notice to Remove, which shall give the carrier 30 calendar days from the receipt of the notice to remove the facility as set forth in this Section.
      
3. Removal Requirements. Within 30 calendar days following receipt of a Notice to Remove, a carrier shall:
   
   1. Remove from the site:
      
      1. All antennas, support structures, and other associated apparatus; and
         
      2. The top three feet of the antenna footing and other building footings; and
         
   2. Restore the site to its original condition including but not limited to grading and revegetation as approved by the City.
      
4. Violation. In the event a facility is not removed as required, the City may undertake legal action to enforce removal as set forth in CZC 12.23 (Enforcement).

1. Lattice Tower. A lattice tower or wireless telecommunication antenna other than as allowed under the provisions of this Chapter shall be prohibited except as otherwise required by applicable state or federal law.