Dalworthington Gardens
City Zoning Code
City Zoning Code
Division 16
Telecommunications Tower and Stealth Telecommunication Tower 1
§ 14.02.701 Definitions.
An action that marks the consummation of the governing body's decision-making process.
See tower owner.
A facility that is designed in such a way that the facility is not readily recognizable as a telecommunication tower or telecommunication equipment. Stealth facilities may include, but are not limited to, totally enclosed antennas; wireless facilities that replicate, duplicate, or simulate the construction of common structures such as flagpoles, monopoles with totally enclosed antennas, or light poles and that serve as a function of the use(s) of the site; and camouflaged wireless facilities that are constructed to blend into the surrounding environment.
A facility, including self-supporting lattice towers, guy towers, or monopole towers, but not including stealth telecommunication towers, designed to support one or more antennas and to contain ancillary facilities designed and used for the purpose of transmitting, receiving, and relaying voice, data, and other similar signals to or from various wireless communication devices. For purposes of this definition, amateur radio transmission facilities not used for commercial purposes and facilities used exclusively for the transmission of television and radio signals are not telecommunication towers.
The person or entity that owns the telecommunication tower.
(Ordinance 2025-09 adopted 8/21/2025)
§ 14.02.702 Telecommunication towers.
(a)
All telecommunications towers shall be erected and operated in compliance with current Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) rules and regulations and other applicable federal, state, and local standards.
(b)
Towers shall be designed and built to accommodate a minimum of two wireless providers, if over 75 feet in height. The tower owner must certify to the city that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis.
(c)
Telecommunication towers will be allowed in the following districts:
(1)
Allowed by right in the Industrial zoning district.
(2)
Allowed by special exception in the "B-1," "B-2," and "B-3" zoning districts.
(3)
Not allowed in residential zoning districts "SF," "MF", and "GH" districts or in municipal parks.
(4)
Not allowed on properties adjacent to streets or thoroughfares that are not more than 50 feet wide and adjacent to SF, MF, or undeveloped land that is designated for residential use by zoning or deed restrictions.
(d)
Setback requirements.
(1)
Telecommunication towers shall be setback one foot for each foot in height from a SF, MF, or GH district.
(e)
Letter of authorization.
A letter of authorization signed by the property owner granting the agent/applicant the authority to represent the property owner if the applicant is required to seek a grant of approval from the City Council or any other board or commission.
(f)
Construction requirements.
(1)
All telecommunication towers shall be of monopole construction.
(2)
Telecommunication towers shall not be illuminated by artificial means or shall display strobe lights or other warning lighting unless required by the FAA or any other federal, state, or city law, rule, or regulation. Any lighting shall be shielded or directed so as not to project directly onto adjacent property zoned residential or any residential use.
(3)
All new telecommunication towers must be constructed to support at least two separate antenna arrays. In addition, any new telecommunication tower must be able to support at least one additional antenna for every 15 feet (or fraction thereof) above 60 feet in height and provide the ground space for any equipment necessary for the operation of additional antenna.
(g)
Screening, fencing, and landscaping requirements.
All telecommunications towers and support facilities shall have the following:
(1)
In order to protect the aesthetic integrity of adjacent properties, the station site shall be screened by a wrought iron type fence along boundary lines that front a dedicated public street right-of-way of any type, or that front a private street right-of-way dedicated for public use. Brick or stone columns shall be constructed on approximately 50 foot centers for such fence. Screening shrubs shall be installed around the fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting, and the potential to grow to a mature height of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times by the tower owner; or
(2)
Screening shrubs shall be installed around a fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting and the potential to grow to a mature height of six feet in three years, and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times by the tower owner. The fence may not be constructed of wood.
(h)
Outdoor storage.
No outdoor storage of vehicles, materials, or equipment is permitted. Equipment not used in direct support of the facility shall not be stored or parked on the premises unless a technician is present.
(i)
Commercial message prohibited.
No signs, including commercial advertising, logos, political signs, flyers, flags or banners, graphics or other attention devices shall be allowed on any part of the telecommunication tower or ancillary support facilities except for warning and safety signage.
(j)
Removal.
(1)
Upon cessation for more than 180 days of the use of a telecommunication tower structure for the support of active communications antennas, the tower owner of record must notify the planning and development department. Disconnection of electric service for more than 180 days at the telecommunications tower site shall be considered cessation of use.
(2)
All transmission telecommunications towers or antennas shall be removed by the tower owner or property owner within one year from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communications devices.
(3)
The person who constructed the facility, the person who operates the facility or tower owner of record must notify the City Secretary of any change in the status of the telecommunication tower. If the use of the antennas on the telecommunication tower has not been restored within the one-year period from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices, the telecommunication tower must be removed and the telecommunication tower site restored to its original condition to a depth of two feet, at the tower owner's or property owner's expense.
(k)
Fees.
Notwithstanding any other provision of this division, the city may require, as part of any application fees for a telecommunication facility, an amount sufficient to recover all of the city's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication expertise.
(Ordinance 2025-09 adopted 8/21/2025)
§ 14.02.703 Stealth telecommunication towers.
(a)
Stealth telecommunication towers will be allowed in the following districts:
(1)
Allowed by right in "MF," "B-1," "B-2," "B-3," and "LI" zoning districts;
(2)
Allowed by special exception in residential districts "SF" and "GH" or municipal parks; and
(3)
Allowed by special exception on properties adjacent to streets or thoroughfares that are not more than 50 feet wide and adjacent to SF, MF, or undeveloped land that is designated for residential use by zoning or deed restrictions.
(b)
Setback requirements.
(1)
Stealth telecommunication towers shall be setback one foot for each foot in height from a SF, MF, or GH district or use, or if located adjacent to these uses, unless located in such a district and permitted by special exception.
(c)
Height.
The height of a tower shall not exceed 55 feet in height. Height shall be measured from the base of the tower to the highest point of the tower, including any installed antennae and appurtenances.
(d)
Administrative approval of stealth telecommunication towers.
A monopole flag, athletic light pole, parking or street light pole, or other monopole design with internal antenna for a stealth telecommunication tower design may be approved administratively by the City Administrator, or his or her designee, in any district not requiring a special exception, subject to the following:
(1)
Conforms to the definition of a stealth tower;
(2)
Has a monotone color of light gray or off-white;
(3)
Displays a light fixture of 175 watts or less, if applicable;
(4)
Displays an American, or state flag without copy (must meet proper flag etiquette), if applicable;
(5)
Being appropriately located to functionally serve the use(s) of the site; and
(6)
Screening the support equipment with a wrought iron type fence along boundary lines that front a dedicated public street right-of-way of any type, or that front a private street right-of-way dedicated for public use. Brick or stone columns shall be constructed on approximately 50 foot centers for such fence, or, in other locations, screening the support equipment and fence with shrubs that are a minimum of three feet in height at planting, have the potential to grow to a mature height of a minimum of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials.
(7)
Being no more than 55 feet in height.
(e)
Design and appearance requirements.
(1)
Any design plan not eligible for administrative approval in accordance with subsection (d) above may apply to the City Council for a special exception. In granting the special exception, the Council shall consider the overall design of the stealth telecommunication tower, including the scale, placement on the site, materials, form, and color.
(2)
A design plan must be submitted by the applicant at the time of application.
(3)
The design plan must include:
(A)
Visual study, visualization, or simulation showing the appearance of the proposed stealth telecommunication tower and ancillary facilities, to scale and in the existing natural or built environment from at least two points of public view;
(B)
General capacity of the proposed tower, in terms of the number and types of antennas it is designed to accommodate;
(C)
Statement outlining the rationales for the particular location, design, and height of the stealth telecommunication tower;
(D)
Landscape plan drawn to scale showing the proposed and existing fencing and landscaping, including type, spacing, size, and irrigation methods;
(E)
Visual depiction or architect's rendering (drawn to scale) of the stealth telecommunications tower; and
(F)
Site plan (drawn to scale) indicating the location and height of the stealth telecommunication tower, with ancillary facilities, as well as their proximity to buildings and to other structures on adjacent properties to include a radius of 200 feet.
(f)
Construction requirements.
(1)
Stealth telecommunication towers shall not be illuminated by artificial means or shall display strobe lights or other warning lighting unless required by the FAA or any other federal, state, or city law, rule, or regulation. Any lighting shall be shielded or directed so as not to project directly onto adjacent property zoned residential or any residential use.
(2)
Any new stealth telecommunication tower must be able to support at least one additional antenna for every 15 feet (or fraction thereof) above 60 feet in height and provide the ground space for any equipment necessary for the operation of an additional antenna.
(g)
Screening, fencing, and landscaping requirements.
All stealth telecommunication towers and all support facilities shall have the following:
(1)
In order to protect the aesthetic integrity of adjacent properties, the station site shall be screened by a wrought iron type fence along boundary lines that front a dedicated public street right-of-way of any type, or that front a private street right-of-way dedicated for public use. Brick or stone columns shall be constructed on approximately 50 foot centers for such fence. Screening shrubs shall be installed around the fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting, and the potential to grow to a mature height of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times by the tower owner; or
(2)
Screening shrubs shall be installed around a fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting and the potential to grow to a mature height of six feet in three years, and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times by the tower owner. The fence may not be constructed of wood.
(h)
Outdoor storage.
No outdoor storage of vehicles, materials, or equipment is permitted. Equipment not used in direct support of the facility shall not be stored or parked on the premises unless a technician is present.
(i)
Commercial message prohibited.
No signs, including commercial advertising, logos, political signs, flyers, flags or banners, graphics or other attention devices shall be allowed on any part of the telecommunication tower or ancillary support facilities except for warning and safety signage.
(j)
Removal.
(1)
Upon cessation for more than 180 days of the use of a stealth telecommunication tower structure for the support of active communications antennas, the tower owner must notify the planning and development department. Disconnection of electric service for more than 180 days at the stealth telecommunications tower site shall be considered cessation of use.
(2)
All transmission stealth telecommunications towers or antennas shall be removed by the tower owner or by the property owner within one year from the time the facilities have ceased being used to transmit, receive, or relay voice and data signals to or from wireless communications devices.
(3)
The person who constructed the facility, the person who operates the facility or tower owner of record must notify the City Administrator of any change in the status of the stealth telecommunication tower. If the use of the antennas on the stealth telecommunication tower has not been restored within the one-year period from the time the facilities have ceased being used to transmit, receive, or relay voice and data signals to or from wireless communication devices, the stealth telecommunication tower must be removed and the stealth telecommunication tower site restored to its original condition to a depth of two feet, at the tower owner's or property owner's expense.
(k)
Fees.
Notwithstanding any other provision of this division, the city may require, as part of any application fees for a telecommunication facility, an amount sufficient to recover all of the city's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication expertise.
(l)
City Council.
Except for stealth communication towers built under subsection (d) above, the City Council shall review proposed designs considering the materials, colors, textures, screening, and landscaping designs of the equipment of the structure and any other permitted structures to determine the visibility, aesthetic impact and compatibility to the surrounding natural or built environments.
(m)
Final action.
Any action taken by the City Administrator or City Council is a final action.
(Ordinance 2025-09 adopted 8/21/2025)