This chapter shall be known as the Hildale CITY WIRELESS TELECOMMUNICATIONS TOWER AND FACILITIES ordinance and may be so cited and pleaded.

The purpose of this chapter is to establish general requirements for the siting of wireless telecommunications towers and facilities. The intent of this chapter is to:

1. Encourage the location of facilities in nonresidential areas.
2. Minimize the total number of monopole and lattice tower facilities throughout the community.
3. Encourage the joint use of new and existing communication sites.
4. Encourage providers of facilities to locate them where the adverse impact on the community is minimal.
5. Encourage providers of facilities to use innovative design to minimize adverse visual impact.
6. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

This chapter shall apply to both commercial and private low power radio services and facilities such as "cellular" or "pcs" (personal communications services) communications and paging systems. All such facilities shall comply with the requirements of this chapter, other applicable Hildale City ordinances, the federal communications commission and the federal aviation administration. This chapter shall not apply to the following types of communications devices, although they may be regulated by other city ordinances and policies:

1. Amateur Radio:
   Any tower or antenna owned and operated by an amateur radio operator licensed by the federal communications commission.
2. Satellite:
   A device designed for the over the air reception of television broadcast signals, multichannel multipoint distribution service or direct satellite service.
3. Cable:
   Any cable television headend or hub towers and antenna used solely for cable television services.

For the purpose of this chapter, the following terms shall have the meanings set forth below and shall apply in addition to the terms defined in chapter 3 of this chapter:

ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures signals.

COLLOCATION: The location of an antenna on an existing structure, tower or building that is already being used for telecommunication service facilities.

GUYED TOWER: A tower that supports an antenna or antennas and requires guywires or other stabilizers for support.

LATTICE TOWER: A self-supporting multiple sided, open steel frame structure used to support telecommunications equipment.

MONOPOLE FACILITY: An antenna or series of individual antennas and any associated equipment mounted on a single cylindrical pole. For the purposes of this chapter, if a facility does conform to the definition of a roof or wall mounted facility it shall be considered a monopole facility.

ROOF MOUNTED FACILITY: An antenna or series of individual antennas and any associated equipment mounted on a flat or pitched roof, mechanical room or penthouse of a building or structure.

STEALTH FACILITY: A wall, roof, or monopole facility disguised or concealed from view, such as, but not limited to, artificial trees, synthetic rocks, or architectural elements such as corners, steeples, and chimneys.

WALL MOUNTED FACILITY: An antenna or series of individual antennas and any associated equipment mounted against the vertical wall of a building or structure.

WIRELESS TELECOMMUNICATION FACILITIES ZONING TABLE: Table 152-50-1 of section 152-50-5 of this chapter, incorporated herein by this reference.

WIRELESS TELECOMMUNICATIONS FACILITY: An unmanned structure consisting of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions which is typically attached to a transmission support structure.

Permitted and conditional uses allowed within the various zones established by this chapter shall be as set forth in table 152-50-1 of this section. Permitted and conditional uses are indicated by a "P" or "C", respectively, in the appropriate column. Uses not permitted are indicated by "N". Any use not shown on table 152-50-1 of this section shall be prohibited unless the zoning administrator determines the use is substantially the same as a permitted or conditional use as provided in subsection 152-7-18E4 of this chapter.

TABLE 152-50-1 PERMITTED AND CONDITIONAL WIRELESS TELECOMMUNICATION FACILITIES ALLOWED

All wireless telecommunication facility applicants shall submit a master plan of the area being serviced by wall mounted, roof mounted, monopole, stealth antenna, stealth tower or lattice tower facilities.

Wireless telecommunication facilities are characterized by four (4) general types of antenna structures: wall mounted; roof mounted; monopole; and lattice tower. Standards for the installation of each antenna types shall be as follows:

1. Wall Mounted Antenna:
   The following provisions shall apply to a wall mounted antenna:
   1. A wall mounted antenna shall not extend above the wall line of the building or structure or extend more than four feet (4') horizontally from the face of the building or structure.
   2. The antenna, 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. An antenna and supporting structures on buildings should be architecturally compatible with the building.
   3. An antenna mounted directly on existing parapet walls, with no portion of the antenna extending above the roofline of such structure, shall be considered a wall mounted antenna.
   4. Stealth wall mounted antennas are encouraged and are permitted in all zones.
   5. Any front mounted wall antenna shall be deemed a stealth antenna.
   6. A wall mounted antenna shall be a permitted or conditional use, or not permitted, as provided in table 152-50-1 in section 152-50-5 of this chapter. A wall mounted antenna permitted as a conditional use shall require a conditional use permit.
2. Roof Mounted Antenna:
   The following provisions shall apply to a roof mounted antenna:
   1. A roof mounted antenna and the antenna mounting structure shall not extend more than eight feet (8') above the existing roofline and ten feet (10') back of the exterior wall.
   2. An antenna and the antenna supporting structure mounted on a flat roof shall not extend more than eight feet (8') high and ten feet (10') back of the exterior wall.
   3. A roof mounted antenna on a pitched roof shall be allowed provided the antenna is no more than five feet (5') above the roof pitch.
   4. A roof mounted antenna shall be constructed and/or colored to match the surroundings where it is located.
   5. Stealth roof mounted antennas are encouraged and permitted in all zones.
   6. Any front mounted wall or roof antenna shall be deemed a stealth antenna.
   7. A roof mounted antenna shall be a permitted or conditional use, or not permitted, as provided in table 152-50-1 in section 152-50-5 of this chapter. A roof mounted antenna permitted as a conditional use shall require a conditional use permit.
3. Monopole:
   The following provisions shall apply to a monopole:
   1. The height limit for a monopole shall be one hundred feet (100') except where a greater height is allowed by a conditional use permit, provided that:
      1. The monopole shall blend in with surrounding structures, poles, or trees and is compatible with surrounding uses.
      2. The monopole shall be available for collocation of antennas owned by other companies.
      3. The monopole shall be set back at least three hundred feet (300') from any residential zone boundary.
      4. The height of the monopole shall be measured from the top of the structure, including antennas, to the original grade directly adjacent to the monopole.
   2. A monopole shall be set back from any residential structure a distance equal to its height.
   3. Stealth monopole facilities are encouraged and shall be permitted in all zones.
   4. A monopole shall be a permitted or conditional use, or not permitted, as provided in table 152-50-1 in section 152-50-5 of this chapter. A monopole permitted as a conditional use shall require a conditional use permit.
4. Guyed Tower:
   A guyed tower shall not be allowed.
5. Lattice Tower:
   The following provisions shall apply to a lattice tower:
   1. The height limit for a lattice tower shall be one hundred feet (100') except where a greater height is allowed by a conditional use permit, provided that:
      1. The lattice tower shall blend in with surrounding structures, poles, or trees and be compatible with surrounding uses.
      2. The lattice tower shall be available for collocation of antennas owned by other companies.
      3. The lattice tower will be set back at least three hundred feet (300') from any residential zone boundary. The height shall be measured from the top of the structure, including antennas, to the original grade directly adjacent to the lattice tower.
   2. Lattice towers shall not be allowed in any residential zone.
   3. A lattice tower shall be a permitted or conditional use, or not permitted, as provided in table 152-50-1 in section 152-50-5 of this chapter. A lattice tower permitted as a conditional use shall require a conditional use permit.
6. Collocated Antennas:
   The following provision shall apply to collocated antennas:
   1. Collocated antennas shall be permitted in any zone where a monopole or lattice tower is permitted. Collocated antennas shall conform to all applicable provisions of this chapter.
7. City Rights Of Way:
   Facilities locating in the city rights of way shall also comply with title 15, chapter 156 of this code.

Monopoles, lattice towers, antennas, towers, and any associated buildings or equipment shall be painted to blend with the surroundings in which they are most commonly seen. The color shall be determined on a case by case basis by the planning commission for conditional uses and by the zoning administrator for permitted uses. Within six (6) months after the facility has been constructed, the planning commission or the zoning administrator may require the color be changed if it is determined that the original color does not blend with the surroundings.

1. Compliance With FCC And FAA Regulations:
   All operators of personal (private) wireless services facilities shall demonstrate compliance with applicable federal communication commission (FCC) and federal aviation administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the zoning administrator. Failure to comply with applicable regulations shall be grounds for revoking a site plan or conditional use permit approval.
2. Other Licenses And Permits:
   The operator of every personal wireless services facility shall submit copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location, and operation of the facility to the zoning administrator, maintain such licenses and permits in good standing, and provide evidence of renewal or extension thereof upon request by the zoning administrator.
3. Protection Against Climbing:
   A monopole shall be protected against climbing by removing the climbing pegs from the lower twenty feet (20') of the monopole.
4. Miscellaneous Considerations:
   The following shall be considered by the planning commission in connection with a request for a conditional use permit for a wireless telecommunication facility:
   1. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures.
   2. Locating the antenna on other existing structures in the same vicinity, such as other monopoles, lattice towers, buildings, water storage facilities, utility poles, athletic field lights, and parking lot lights, etc., where possible without significantly impacting antenna transmission or reception.
   3. Location of the antenna in relation to existing vegetation, topography including ridgelines, and buildings to obtain the best visual screening.
   4. Spacing between monopoles or lattice towers which creates detrimental impacts to adjoining properties.
   5. Installation of, but not limited to, curb, gutter, sidewalk, landscaping, and fencing as required by this chapter.
   6. Color of facilities.
   7. Height of any lattice tower, including the antenna, over one hundred feet (100').
   8. Any antenna, monopole, and/or lattice tower proposed for a location within a historic district or landmark site shall have prior approval by the historic preservation commission.
   9. Security lighting of monopoles and lattice towers shall comply with FAA requirements for lighting. The planning commission may also require security lighting for the site. If security lighting is used, the lighting impact on surrounding areas, shall be minimized by using indirect lighting where appropriate.

Accessory buildings to antenna structures shall conform to required setback, height and landscaping requirements of the zoning district in which they are located. All utility lines leading to the accessory building and antenna structure shall be underground.

The building official may require a non-maintained or abandoned telecommunications facility to be removed from the building or premises when the facility has not been repaired or put to use by the owner or agent within ninety (90) calendar days after notice of non-maintenance or abandonment is given to the owner or agent, by certified mail, in person, or by personal service. The applicant shall post a site specific bond when a permit is issued to guarantee removal of the facility and site restoration. The type of bond and amount shall be determined by the zoning administrator. No bond shall be required for roof or wall mounted facilities. Failure to remove antennas, monopoles, and/or lattice towers after receiving written notice to remove is a violation of the terms of this chapter. The city may initiate criminal and/or civil proceedings against any person, firm, entity or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer, or otherwise, for failure to remove antennas and monopoles in accordance with this section. The city may seek a civil injunction requiring the removal of any structures on the site in accordance with this section. Any lease agreement with the city may also stipulate failure to remove antennas and monopoles after receiving written notice to do so pursuant to this section shall automatically transfer ownership of antennas, monopoles, towers, support buildings and all other structures on the site to the city.

Any person or entity desiring to develop, construct or establish a wireless telecommunication service facility in Hildale City shall submit an application which provides the following information. The application shall not be considered until all required information has been provided.

1. Site Plan:
   A site plan shall be submitted as provided in section 152-7-10 of this chapter. In addition to the requirements of section 152-7-10 of this chapter an application for a wireless telecommunication service facility shall include the following:
   1. Name of property owner and a written statement from the owner of the property where the facility is proposed to be located, stating that the owner has reviewed the plans for the proposed facility, understands the type of facility that is being installed and the obligations the owner is undertaking, and granting permission for the applicant to install and maintain the facility.
   2. Footprints of existing and proposed buildings and structures, including a notation of unit's height above the grade.
   3. Location and size of existing and proposed antennas, with dimensions to property lines.
2. Written Information:
   The following written information shall be provided:
   1. Signed lease agreement with property owner.
   2. Signed lease agreement with the city if site is located on city property.
   3. A description of the anticipated maintenance needs for the facility, including frequency of service, personnel, equipment needs, and traffic noise or safety impacts of maintenance activity.
   4. A description of the service area for the antenna or tower and a statement as to whether the antenna or tower is needed for coverage or capacity.
   5. A map showing the site and nearest or associated telecommunication facility sites within the network and a description of the distance between the telecommunication facility sites and how the proposed service area relates to the service network.
   6. Copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location, and operation of the antenna.
   7. A written commitment to comply with applicable federal communications commission radio frequency emission regulations.
   8. Contact information for a person who can respond to questions concerning the application and the proposed facility, including name, address, telephone number, facsimile number, and electronic mail address, if available.
3. Additional Information Requirements For Monopoles And/Or Lattice Towers:
   If an applicant desires to construct a monopole or lattice tower, the applicant shall also submit a detailed written description of why the applicant cannot obtain coverage using existing buildings or structures.
4. Additional Information Requirement For Facilities Not Located On Highest Priority Site:
   If an applicant desires to locate antennas on a site other than the highest priority site, the application shall provide the following information to the approving authority:
   1. The identity and location of any higher priority sites located within the desired service area.
   2. The reason(s) why higher priority sites are not technologically, legally, or economically feasible.
   3. Why the proposed site is essential to meet the service demands of the proposed geographic service area and the citywide network.

An application for a wireless telecommunication facility which is a permitted use in the zone where the facility is proposed to be located shall be reviewed pursuant to the site plan review provisions of section 152-7-10 of this chapter. If the facility is a conditional use in such zone, the review shall be pursuant to the conditional use permit process set forth in section 152-7-9 of this title.

Building permits shall be issued pursuant to the provisions set forth in section 152-7-13 of this chapter.

1. General Requirements:
   No tower or antenna structure shall be constructed until the applicant obtains a building permit from the city. No building permit shall be issued for any project for which a site plan or conditional use permit is required until the site plan or conditional use permit has been approved by the appropriate authority. If the design or engineering of an antenna support structure is beyond the expertise of the Hildale City staff or planning commission, the city may require third party review by an engineer selected by the city prior to the issuance of a building permit. The applicant shall pay an additional fee to cover the cost of the third party review.
2. Special Requirements:
   If the applicant is constructing a monopole, lattice tower or other tower type structure, the applicant shall, if required by the city, submit a written report from a qualified, structural engineer licensed in the state of Utah, documenting the following:
   1. Height and design of the monopole or lattice tower, including technical engineering, economic, and other pertinent factors governing selection of the proposed design.
   2. Seismic load design and wind load design for the monopole or lattice tower.
   3. Total anticipated capacity of the monopole or lattice tower and demonstration that the site and setbacks are of adequate size to contain debris.
   4. Soil investigation report, including structural calculations.