Hennessey City Zoning Code
TELECOMMUNICATION FACILITIES
§ 154.270 PURPOSE.
Telecommunication towers, antennas and other wireless facilities, including supporting structures, present land use concerns that should be dealt with by protecting residential uses, encouraging co- location, minimizing the number of wireless facilities in a manner that does not discourage market access or competition, and preventing or limiting adverse effects on off-site premises. The intent of these provisions is to provide for the continued establishment of new wireless communication providers and the expansion of existing wireless communication services within the town, while simultaneously protecting neighborhoods, all through minimizing adverse visual and operational effects of facilities through careful design, sighting, screening, camouflage and co-location requirements encouraging creative design and camouflage measures.
(Ord. 382, passed 7-8-2021)
§ 154.271 EXCLUSIONS; APPLICATION PROCESS.
(A) Exclusions.
(1) Any tower installed by a government entity that is for emergency communications systems is exempt from these standards.
(2) Any antenna of less than 35 feet in total height is exempt from this subchapter, but all installations must comply with all rules and regulations of applicable state and local building codes and the standards published by the Electronic Industries Association. All support structures and antennas must be constructed and operated in a manner that does not create electromagnetic or other interference with the town’s radio frequencies and public safety operations as required by the Federal Communications Commission.
(3) All existing structures established prior to this subchapter are permitted as they were previously.
(4) All antennas used exclusively for amateur communications are exempt from this subchapter.
(B) Application for telecommunication tower permit.
(1) All new communication antennas and towers require a permit if they exceed 35 feet in height.
(2) Applications must be made at least 30 days prior to the following Planning and Zoning Commission meeting to be heard. All applications must be reviewed by the Planning and Zoning Commission and approved by Town Board of Trustees.
(3) Plans certified by a licensed engineer must be on file with the building inspector at the time when application is made. These plans must contain the following:
(a) A site plan, three copies, drawn to scale specifying the location of tower(s), guy anchors, if any, transmission or support building(s) and other accessory uses, parking areas, access roads and detailed landscaped areas. The site plan shall be designed in accordance with § 154.041. The plan must also include provisions for proper drainage.
(b) A report from a registered structural or civil engineer indicating the tower height and design, structure, installation and total anticipated capacity of the structure, including the number and types of antennas which could be accommodated. This data shall satisfactorily demonstrate that the proposed tower conforms to all applicable requirements of the International Codes Council Section 3108 and American National Standards Institute (TIA-222-G).
(C) Fee for application and permit.
(1) Permit fees.
(a) The permit fees for performing the activity described in this chapter shall be set periodically by the Town Board of Trustees, by duly adopted resolution, and the fees may be amended by resolution of the Town Board of Trustees.
(b) All towers must obtain a business license from the town.
(2) Sales tax. All commercial tower permits must reflect the town as the point of sale with regard to communications using the tower. The town’s sales tax shall be collected as required by applicable sales tax ordinances.
(D) Leasing public properties. The cost of erecting a new antenna support structure on public properties shall be evaluated on a case by case basis, based upon consideration of previous agreements and current market values in surrounding areas.
(E) Hearings. All antenna applications will be heard by the Planning and Zoning Commission and its recommendation shall be forwarded to the Town Board of Trustees for final approval or disapproval of antenna applications.
(F) Ownership list required.
(1) (a) The applicant shall submit a current list of names and addresses of all record property owners within a 300-foot radius of the exterior boundaries of the proposed site of the tower, certified by a bonded abstractor or the County Assessor of Kingfisher County.
(b) Regardless of the distance requirement, the list shall include the names and addresses of all property owners who own property abutting the parcel on which the tower is located.
(2) Where the tower is located on leased property, then the list shall include those persons abutting the entire tract owned by the lessor. For example, if the tower site is leased from a quarter section of land, then the owners abutting the quarter section would be notified.
(3) Where the proposed tower exceeds 100 feet in height, then the list of surrounding property owners shall be extended to include those property owners within a radius of the site equal to three times the height of the proposed tower, plus all abutting landowners.
(G) Notice of hearing.
(1) At least 20 days prior to hearing before the Planning and Zoning Commission, the Zoning Administrator shall mail a notice of public hearing to all persons within the areas described above.
(2) The notice shall include the following:
(a) Legal description and approximate street address of area for location of the tower;
(b) A brief description of the proposed tower; and
(c) Date, time and place of public hearing.
(Ord. 382, passed 7-8-2021)
§ 154.272 CRITERIA FOR REVIEW OF APPLICATION.
(A) All new antennas must be erected on an existing communications tower already located in the town unless it is proven by the applicant that this requirement is ineffective, non-feasible or impossible.
(B) If there are not existing towers that are suitable for co-location, then an alternative is to erect a tower on public land unless it is proven by the applicant that this requirement is ineffective or not feasible.
(C) If co-location on an existing tower or location on public land is not effective, feasible or possible, then the Planning and Zoning Commission and Town Board of Trustees may consider approval of an antenna support structure in the A, LC, HC or I-1 Zoning Districts, providing the applicant accurately addresses the following issues:
(1) Whether the applicant proves the tower or site will be designated or laid out to accommodate future multiple users; and
(2) Whether the proposed tower is to be located in an area where it would be unobtrusive and would not substantially detract from the aesthetics or neighborhood character due to either location, natural setting of the area or lack of visibility caused by natural growth or other factors.
(Ord. 382, passed 7-8-2021)
§ 154.273 SITE REQUIREMENTS.
All tower sites must adhere to the following requirements.
(A) (1) All sites must be enclosed by a fence at least six feet in height, the nature and type to be determined by the Planning and Zoning Commission.
(2) The Planning and Zoning Commission may require evergreen screening where necessary to protect adjacent property owners.
(B) The proposed site must have an approved, all-weather, ingress/egress road and shall meet all design specifications.
(C) No on-site advertising will be permitted.
(D) The site must be continually maintained in accordance with town ordinances and permit requirements.
(E) Hazard warning and no trespassing signs must be posted on all sides of the fence.
(F) Noise levels for any combustion-fired generators or other apparatus must be less than 100 Dba as registered from the property immediately adjoining the site on the nearest side.
(G) A set back of at least the height of the proposed tower is required.
(Ord. 382, passed 7-8-2021)
§ 154.274 RESTRICTIONS AND CONDITIONS.
(A) All structures must be able to withstand a minimum wind load of 90 mph.
(B) All antennas that are mounted on an existing building or structure shall be aesthetically pleasing with the surrounding areas as approved by the Planning and Zoning Commission.
(C) All antenna support structures must be of monopole design unless it is proven by the applicant that this type of structure cannot be utilized without undue hardship.
(D) No advertisement shall be allowed on any tower.
(E) Lighting shall be as required by the Federal Communications Commission and/or by the Federal Aviation Administration. No other lighting shall be incorporated if not required by either agency or specified by the town’s Planning and Zoning Commission as a condition of the use permit.
(Ord. 382, passed 7-8-2021)
§ 154.275 HEIGHT OF TOWER.
Communication towers may exceed the height limitations of the zoning district in which it is located, as provided in this subchapter, provided no tower may exceed 200 feet in height. All communication towers shall comply with federal, state and local airport height regulations in accordance herewith.
(Ord. 382, passed 7-8-2021)