Highland Hills City Zoning Code
TITLE SEVEN
Telecommunications
1171.01 PURPOSE.
This chapter provides for the regulation of communication towers and antennas in all zoning districts so as to;
(1) Protect residential areas and land uses from the potential adverse impacts of towers and antennas;
(2) Encourage the location of towers in non-residential areas;
(3) Minimize the number of towers throughout the community;
(4) Strongly encourage the joint use of existing towers;
(5) Protect the public and adjacent property from the potential of damage resulting from tower failure; and,
(6) To minimize the visual impacts associated with towers and antennas.
(Ord. 1999-72. Passed 11-10-99.)
1171.02 DEFINITIONS.
As used in this Chapter, the terms listed below shall be interpreted according to the following definitions. Other terms shall be interpreted according to the definitions provided elsewhere in these regulations or according to their ordinary English usage.
(a) Collocation: The use of a telecommunications facility by more than one telecommunications provider.
(b) Lattice tower: A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(c) Monopole: A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(d) Open Space: Land devoted to conservation or recreational purposes or designated by a municipality to remain undeveloped (may be specified on a zoning map).
(e) Telecommunications: The technology which enables information transfer through the transmission of voice, video, or data signals by means of microwave or electromagnetic systems.
(f) Wireless telecommunications antenna: The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(g) Wireless telecommunications equipment shelter: The structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.
(h) Wireless telecommunications facility: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(i) Wireless telecommunications tower: A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
(j) Use area: The use area shall be the area needed to accommodate the tower (any guy wires if used), the equipment shelter security fencing and buffer planting.
(Ord. 1999-72. Passed 11-10-99.)
1171.03 APPLICABILITY.
The following requirements apply to all new towers and antennas in the Village of Highland Hills except as follows:
(a) Amateur radio station operators and receive-only antennas under thirty-five feet in height owned and operated by a federally-licensed amateur radio station operator or used exclusively for receive-only antennas.
(b) Pre-existing towers or antennas shall not be required to meet the requirements of this chapter except as required to meet or exceed current standards and regulations of the FCC, the FAA, 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, the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling agency. Failure to bring towers into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and antenna at the owner's expense.
(c) For the purpose of implementing this chapter, 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 perimeters of the towers included in the AM array. Additional units may be added within the perimeter of the AM array by right.
(Ord. 1999-72. Passed 11-10-99.)
1171.04 GENERAL REQUIREMENTS.
(a) Principal or Accessory Use. Antennas and towers 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 an antenna or tower on such lot.
(b) Lot Size. 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 antennas or towers may be located on leased parcels within such lot.
(c) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Chief Building Official an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the Village of Highland Hills or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Chief Building Official may share such information with other applicants applying for administrative approvals or permits under this chapter or other organizations seeking to locate antennas within the Village of Highland Hills provided, however, that the Chief Building Official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(d) Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers shall either 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) At a tower site, 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) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.
(4) The applicant shall present a landscaping plan that indicates how the telecommunications facility will be screened from adjoining uses. At a minimum, buffer plantings consisting of an evergreen hedge, planted three feet on center maximum or a row of evergreen trees planted five feet on center maximum must be provided around the perimeter of the security fence. Other landscaping may be required by Planning Commission if deemed necessary to protect adjacent uses.
(5) If an antenna is installed on a structure other than a tower, then 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.
(6) All towers above 100 feet shall be artificially lighted. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. Security lighting around the equipment shelter is permitted, however, such lighting shall not cause glare or disturbances to adjacent properties.
(7) No advertising or signage is permitted anywhere on the facility, with the exception of identification signage or signs prohibiting trespass.
(8) "No trespassing" signs shall be posted around the facility with a telephone number to contact in case of emergency.
(e) Building Codes; 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 Chief Building Official concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such codes and standards. Failure by the owner to bring the tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(f) 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 Village of Highland Hills have been obtained and shall file a copy of all required franchises including Federal Communications Commission (FCC) Licensure with the Chief Building Official which shall be acknowledged in writing annually to the Chief Building Official.
(g) Tower Capacity. All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to the maximum height set forth in the applicable zoning district. Although the initial capacity may be for one antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for four (4) providers when constructed to the maximum allowable height.
(h) The applicant will provide evidence of written agreements with all service providers sharing the applicable tower.
(i) Signs. No signs shall be allowed on an antenna or tower.
(Ord. 1999-72. Passed 11-10-99.)
1171.05 SUBMITTAL REQUIREMENTS.
The following information is required to be submitted with applications for a zoning permit for communications towers:
(a) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines in compliance with the regulations and setback requirements of the district in which the use is proposed, elevation drawings of the proposed tower and other structures, topography, parking, and other information deemed necessary by the Zoning Administrator to assess compliance with this chapter.
(b) Legal description of the parent tract and leased parcel (if applicable).
(c) Setback distances between the proposed tower and the nearest residential unit, platted residential lot, and/or distances to any adjacent un-platted residentially zoned land.
(d) A landscape plan.
(e) A notarized statement by the applicant as to whether the construction of the tower will accommodate collocation of additional antennas for future use.
(f) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
(g) A permit fee as set forth in Section 1171.11 as may be amended by an ordinance of Council.
(Ord. 1999-72. Passed 11-10-99.)
1171.06 ADMINISTRATIVE APPROVAL.
The following may be permitted by the Chief Building Official after conducting an administrative review:
(a) Locating antennas on existing structures or towers consistent with the terms of subsection (1) and (2) below:
(1) Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Chief Building Official as an accessory use to any industrial structure provided:
A. The antenna is not more than the maximum permitted height in the district.
B. The antenna complies with all applicable FCC and FAA regulations; and
C. The antenna complies with all building codes.
(2) Antennas to be attached on existing towers may be approved by the Chief Building Official. Location of antennas on existing towers is encouraged in order to minimize adverse visual impacts associated with the proliferation and clustering of towers.
(b) Modification or reconstruction of existing towers to accommodate collocation, provided that after the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
(Ord. 1999-72. Passed 11-10-99.)
1171.07 TOWERS IN RESIDENTIAL DISTRICTS.
Towers shall be permitted by conditional use and shall not exceed thirty-five feet above ground level in any residential district, subject to the following:
(a) The lot upon which the tower is to be located meets minimum lot size requirements for the district in which it is located.
(b) The structure, including equipment shelters, shall be placed on the lot so as to conform with minimum yard requirements of the district in which it is located.
(c) Towers shall be situated at least 35 feet from any adjacent residential lot line.
(d) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.
(e) An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum as deemed appropriate by the Planning Commission.
(Ord. 1999-72. Passed 11-10-99.)
1171.08 TOWERS IN NONRESIDENTIAL DISTRICTS.
Telecommunications towers may be located as a sole use, or located on a legally conforming lot with conforming buildings and uses in a nonresidential district provided all the following conditions are met:
(a) The lot meets or exceeds minimum lot size requirements for the district in which it is located.
(b) Structures, including equipment shelters, shall be placed on the lot so as to conform with the minimum yard requirements of the district in which it is located.
(c) The minimum distance to any residential district lot line shall be 300 feet.
(d) Maximum tower height shall not exceed 250 feet.
(e) The minimum distance from the base of any tower to any adjacent lot line shall be at least the height of the tower.
(Ord. 1999-72. Passed 11-10-99.)
1171.09 REMOVAL OF ABANDONED TOWERS AND ANTENNAS.
Any antenna or tower that is not operated for a continuous period of twelve (12) 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 Village of Highland Hills. Failure to remove an abandoned antenna or tower within said ninety days shall be grounds to remove the tower at the owner's expense.
(Ord. 1999-72. Passed 11-10-99.)
1171.10 REIMBURSEMENT OF EXPENSES.
The applicant shall be responsible for all expenses incurred by the Village for any technical engineering services deemed necessary by the Zoning Administrator, Planning Commission, Architectural Review Board or Village Council to perform the reviews required by this Chapter.
(Ord. 1999-72. Passed 11-10-99.)
1171.11 PERMIT FEES.
Upon receipt of expense reimbursement set forth in Section 1171.10 and appropriate fees, the Building Commissioner shall authorize the issuance of permits required by this Chapter and shall collect the fees as provided in Chapter 105.
(Ord. 1999-72. Passed 11-10-99.)
1171.99 PENALTY.
Any individuals violating any provision of this Chapter shall be deemed upon conviction of the first offense guilty of a misdemeanor of the third degree and shall be fined not more than $500.00 or imprisoned not more than 60 days or both. Any organization violating any provision of this Chapter shall also be deemed upon conviction of the first offense guilty of a misdemeanor of the third degree and shall be fined not more than $3,000.00. Any individual convicted of a subsequent violation of this Chapter shall upon conviction be deemed guilty of a misdemeanor of the first degree and shall be fined not more than $1,000.00 or imprisoned not more than 6 months or both. Any organization convicted of a subsequent violation of this Chapter should also upon conviction be deemed guilty of a misdemeanor of the first degree and shall be fined not more than $5,000.00. Such individual or organization shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, permitted or continued.
(Ord. 1999-72. Passed 11-10-99.)
CODIFIED ORDINANCES OF HIGHLAND HILLS