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Leeds City Zoning Code

12.03

Development criteria

The City of Leeds Zoning Administrator and City Engineer shall review all communications towers requesting permits for compliance with the applicable standards and criteria listed below. For communication towers that are subject to site review by the Zoning Board of Adjustment, any of these criteria may be waived or adjusted by this Body if the circumstances of a particular case so warrant, In any event, these criteria are considered the minimum necessary to protect the public health, safety, and general welfare. The Zoning Board of Adjustment may also impose higher standards if it deems them to be necessary to further the objectives of these guidelines.

A.

Setbacks.

1.

Where permitted, the distance between the base of the tower, including guys, accessory facilities, and property lines abutting urban residential districts, public parks and roads must equal twenty percent (20%) of the tower height, property lines adjacent to other uses (e.g. agriculture, industrial), shall require a setback equal to the rear yard setback established for the underlying zone.

2.

When located within or adjacent to a residential district or dwelling, the minimum standard setback from all adjoining residential property boundaries shall be fifty feet (50').

3.

The Site Review by the Zoning Board of Adjustment may reduce the standard setbacks in exceptional cases where a hardship would result due to unusual conditions on the site or other impracticalities. However, the Zoning Board of Adjustment shall not reduce the setbacks to the detriment of affected residential properties.

B.

Appearance.

1.

Towers shall maintain a galvanized steel or concrete finish so as to reduce the visibility of the structure, unless other standards are required by the Federal Aviation Administration (FAA).

2.

The design of the tower shall be of a type that has the least visual impact on the surrounding area.

3.

The design of the tower compound shall, to the greatest extent possible, maximize use of building materials, colors, textures, screening, and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment.

4.

Where communications towers are deemed appropriate for a given location, the type of tower shall be restricted to monopoles in or within 1,000 feet of residential areas and areas of special aesthetic concerns such as commercial revitalization areas, historic districts and scenic corridors.

C.

Lighting. Towers shall not be artificially lighted unless required by the FAA or other authority for safety purposes. Where required, the Zoning Board of Adjustment shall review the available lighting alternatives and approve that design that would cause the least disturbance to the surrounding views. "Dual lighting" (red at night/strobe during day) shall be preferred unless restricted by the FAA. Security lighting may be permitted in accordance with 12.03. (Security Devices) below.

D.

Landscaping.

1.

A landscaped buffer shall effectively screen the view of the tower compound from adjacent public ways and residential properties.

2.

The standard buffer shall consist of a minimum eight feet (8') wide landscaped strip outside the dark vinyl coated steel security fencing of the perimeter of the compound. The buffer strip shall be planted with an attractive combination of trees, shrubs, vines, and/or ground covers that can achieve the full height of the fence at maturity and enhances the outward appearance of the security fence. For sites within 1,000 feet of a residence, the Site Review by the Zoning Board of Adjustment may impose increased buffer standards to include a decay-resistant, solid wood fence, earth berms and brick or masonry walls in addition to the security fencing. All fencing and landscaping shall be maintained by the lessor/owner.

3.

In isolated non-residential areas, alternative-landscaping methods may be accepted, such as the use of earth-toned colored, vinyl-coated steel security fencing in combination with four feet of evergreen trees, shrubs, vines, and/or other plantings.

4.

In certain locations where the visual impact of the tower would be minimal, such as remote, agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the Zoning Board of Adjustment.

5.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers located on large, wooded lots, preservation of substantial natural growth around the property perimeter may be a sufficient buffer.

6.

Cellular facilities utilizing underground vaults in lieu of above-ground switching gear buildings shall be exempted from any buffer requirements.

E.

Security Devices. The facility shall be fully secured. A minimum eight feet (8') high, dark vinyl coated steel; chain link fence shall be installed around the entire perimeter of the compound (measured to the top of the fence or barbed wire, if applicable). Security fencing shall require screening in accordance with 4-E above. Other security measures shall include locks and alarms. Approved barbed or razor wire and lighting of the compound shall be permitted, if deemed necessary to fully secure the tower compound.

F.

Access. Driveways and parking shall be provided to assure the operator's access to the facility for maintenance or emergency services. In some cases, parking/access may be from an adjoining alley, public street, or off-street parking area.

G.

Co-Location. No new tower shall be established if space were structurally, technically and economically available on an existing tower that would serve the area that the new tower would serve. Documentation that reasonable efforts have been made by the applicant to achieve co-location shall be submitted in accordance with 4-F. Towers shall be designed to maximize shared use to the greatest extent possible, given the structural and technical limitations of the type of tower proposed. In any event, co-location shall be encouraged. If feasible, each tower shall, at a minimum, be designed for double its intended use for all transmitting and receiving antennae other than microwave dish antennae.

H.

Removal of Obsolete Towers. Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the Zoning Administrator with a copy of the notice of the FCC of intent to cease operations, which shall be given ninety (90) days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operation.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)