Highland City Zoning Code

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

Encourage the location of towers in nonresidential areas;

Minimize the total number of towers throughout the community;

Encourage the joint use of new and existing tower sites (co-location) as a primary option rather than construction of single-use towers;

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

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;

Enhance the ability of providers of wireless telecommunications services to provide such services to the community quickly, effectively and efficiently;

Consider the public health and safety of wireless telecommunication towers;

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

Retain local responsibility for and control over the use of the public right-of-way to protect citizens and enhance the quality of their lives;

Create and preserve telecommunication facilities that will serve as an important and effective part of the city's emergency response network; and

Promote fair and effective wireless telecommunication services and ensure that a broad range of competitive telecommunications services with high quality telecommunications infrastructure are available to serve the community.

New Towers and Antennas. All new towers or antennas shall be subject to these regulations, except as provided in subsections B through D of this section, inclusive.

Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator, or is used exclusively for receive only antennas.

Pre-Existing Towers or Antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section, other than the requirements of HMC § 16.45.030(B) and (C).

AM Array. For purposes of implementing this section, 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.

Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the community development director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The community development director may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the community development director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

State or Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the tower the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Measurement. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the community development director.

Public Notice. For purposes of this section, any conditional use permit request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in HMC § 16.45.100(B)(5), in addition to any notice otherwise required by state law or the municipal code.

Multiple Antenna/Tower Plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.

Sight Analysis. A visual impact analysis or demonstration (including mock-ups and/or photomontages) demonstrating views from public areas as well as private residences. The analysis shall be "worst case" and shall assess the cumulative impact of the proposed facility, including the provision of electrical service to the site, and other existing and forseeable telecommunication facilities in the area, and shall identify and incorporate all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

The city may as a condition of approval of a wireless telecommunication facility require that a bond and/or other financial assurance in an amount equal to the estimated costs of removing an abandoned antenna and/or tower and related facility be posted with the city.

Stealth facilities and concealed antennas are preferred.

Wireless telecommunication facilities shall be located where the existing topography, vegetation, building or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the community development director, or as otherwise required.

Ground-mounted wireless telecommunication facilities shall be located only in close proximity to existing above-ground utilities, such as permanent electrical towers, light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.

Wireless telecommunication facilities shall be located in the following order of preference:

Applicants for wireless telecommunication facilities shall be required to provide written documentation demonstrating good faith efforts to satisfy the site selection guidelines set forth in HMC § 16.45.040.

Applicants for wireless telecommunication facilities shall be required to provide written documentation of the proposed site and alternative site analysis and facility design. The analysis shall identify all reasonable, technically feasible site locations which could provide the proposed telecommunication service. The analysis shall address the potential for co-location at an existing or at the proposed site. It shall explain the rationale for selection of the proposed site in view of the relative merits of the alternative sites.

Applicants for wireless telecommunication facilities may be required to provide a visual analysis with cross-sections of the proposed site as determined by the community development director.

Wireless telecommunication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals and legally required signage.

Accessory equipment associated with the operation of the wireless telecommunication facility shall be located within a building, enclosure, or underground vault that complies with the development requirements of the land use district in which the accessory equipment is located, subject to city approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.

Wireless telecommunication facilities shall, to the extent possible, use nonreflective materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

If an antenna is located on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be compatible with the existing architecture and 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.

Towers shall not be artificially lighted, 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 view.

Monopoles and antennas shall be no greater in diameter or cross-sectional dimensions than is necessary for proper function of the wireless communication facility. The applicant shall provide documentation satisfactory to the community development director establishing compliance with this subsection.

Any wireless telecommunication facility located within an airport approach zone shall be constructed in accordance with requirements of FAA Part 77 Regulations.

Minor wireless communication facilities shall be subject to approval by the community development director, pursuant to HMC § 16.08.090(C)(1), Minor Design Review.

Each applicant for administrative review and approval shall apply to the community development director, providing the information set forth in this section and a nonrefundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.

Considering applications for minor wireless telecommunication facilities, the community development director shall be guided by both the provisions of HMC § 16.08.090(A), Purposes of Design Review, and this section. However, in the event of any inconsistency in said standards, the provisions of this section shall govern.

The community development director shall respond to each such application within 60 days after accepting the application as complete, by either approving or denying the application.

In connection with any such administrative approval, the community development director may, in order to encourage shared use, administratively waive any land use district setback requirements up to 50 percent.

In connection with any such administrative approval, the community development director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an exiting tower to monopole construction.

If an administrative approval is denied, the applicant may file an appeal application under HMC § 16.08.210.

The following are considered minor wireless telecommunications facilities subject to the administrative approval set forth in HMC § 16.45.060.

Minor wireless communication facilities shall be subject to approval by the planning commission pursuant to HMC § 16.08.090(D), Planning Commission.

Each applicant for planning commission review and approval shall apply to the planning commission, providing the information set forth in HMC § 16.45.060 and a nonrefundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.

Considering applications for minor wireless telecommunication facilities, the planning commission shall be guided by both the provisions of HMC § 16.08.090(A), Purposes of Design Review, and this section. However, in the event of any inconsistency in said standards, the provisions of this section shall govern.

The planning commission shall respond to each such application within 60 days after accepting the application as complete by either approving or denying the application.

In connection with any such approval, the planning commission may, in order to encourage shared use, administratively waive any land use district setback requirements up to 50 percent.

In connection with any such approval, the planning commission may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

If an administrative approval is denied, the applicant may file an appeal application under HMC § 16.08.210 to allow the reconstruction of an existing tower to monopole construction.

The following are considered minor wireless telecommunications facilities subject to planning commission approval set forth in HMC § 16.45.080.

General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the planning commission:

Towers.

Antennas Mounted on Structures or Rooftops.

Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

Antennas Located on Towers. The related unmanned equipment structure shall not contain more than 350 square feet of gross floor area or be more than 11 feet in height, and shall be located in accordance with the minimum yard requirements of the land use district in which it is located. The unmanned equipment structure or cabinet shall be screened as approved by the city. The screening shall be delineated on a landscape plan which provides visual screening from adjacent properties subject to review and approval by the city. The color, materials and style of the unmanned equipment structure or cabinet shall be compatible with surrounding structures as approved by the city.

Modification of Building Size Requirements. The requirements of HMC § 16.45.100(A) through subsection C of this section may be modified by the community development director in the case of administratively approved uses, or by the planning commission in the case of planning commission approved uses and in the case of uses permitted by conditional use permit, to encourage collocation.

Any antenna or tower that is not operated for a period of 180 days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 30 days of receipt of written notice from the community development director notifying the owner of such abandonment. The community development director may extend the 30-day removal period upon the submittal of a extension of time request. If the owner does not remove the equipment or does not request a hearing before the planning commission on the issue of whether the equipment is abandoned and subject to removal, the city may remove the equipment and store it in a secure location. The owner shall have 30 days from the date the city provides the owner with written notice of removal of the equipment and notification of the current location of equipment, to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the city may dispose of the equipment in accordance with the city's existing policy for disposal of abandoned or lost property.

Upon written request for a hearing made pursuant to subsection A of this section, the community development director shall schedule a hearing on the matter to be conducted before the planning commission at which time the owner may present any relevant evidence on the issue of abandonment. The planning commission may affirm, reverse or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the planning commission shall be final.

Failure to remove an abandoned antenna or tower within 30 days of the final determination of abandonment shall be grounds to remove the tower or antenna at the owner's expense. 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.

No Expansion of Nonconforming Uses. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

Pre-Existing Towers. Installed towers preexisting the effective date of the ordinance codified in this section 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 pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this section.

Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding HMC § 16.45.110, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in HMC § 16.45.100(B)(4) and (5). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in HMC § 16.45.120.