Lincoln City Zoning Code
DIVISION 4.17
Wireless Communication Towers
§ 4.17.1 Location and siting.
A.
Preamble and adherence to applicable federal laws and regulations. The City recognizes that wireless communication facilities (WCF), and the location of them, are regulated by federal law, and this ordinance is not intended to conflict with federal law, including the Federal Telecommunications Act of 1996, 47 U.S.C. § 332, in any way. This ordinance has been adopted so that the location and installation of wireless communication facilities can be located and installed in a manner that best protects the health, welfare and safety of the citizens of Lincoln, and seeks to regulate the location and installation only to the extent permitted by federal telecommunications law. It is also specifically noted that the City has reviewed publicly owned property in Lincoln, specifically property owned by the City and has noted that in many instances the location and institutional and public uses of that property make location of telecommunications facilities appropriate. This ordinance seeks to recognize this fact by encouraging the location of such facilities on City-owned property wherever appropriate.
B.
Placement of new wireless facilities or communication towers. New communication towers shall be allowed by conditional use permit only within all zoning districts.
C.
Statement of goals and intent with regard to new communication towers. It is the intent of the City of Lincoln to address the following issues when permitting the siting of a newly proposed wireless facility or communication tower:
(1)
Provision of adequate wireless services throughout the City to provide the citizens, businesses, health-care facilities, schools, and other institutions with the coverage and capacity needed, through:
(a)
Assurance of good tower aesthetics.
(b)
Requiring the screening of the tower base and accessory ground equipment.
(c)
Requiring attractive screening, and vegetation and landscaping where appropriate.
(d)
Minimization of noise and light.
(e)
Assuring an attractive and minimally invasive tower structure.
(2)
Provision for the health, safety and welfare of citizens.
(3)
Working to minimize the impact to surrounding property owners.
(4)
Assurance of environmental compliance.
(5)
Assurance that towers are well placed within the community.
(6)
Creating an environment where multiple carriers can be placed on each tower and needless over-proliferation of towers throughout the City is avoided.
§ 4.17.2 Requirements for new facilities and towers.
A.
The following general requirements shall apply to all new wireless communications facilities.
(1)
Noise requirements. Equipment used in connection with a tower or antenna array shall not generate noise that can be heard beyond the site. This prohibition does not apply to air-conditioning units no noisier than ordinary residential units or generators used in emergency situations where regular power supply for a facility is temporarily interrupted, provided that any permanently installed generator shall be equipped with a functional muffler and any on-site fuel storage meet all applicable building codes.
(2)
Compliance with federal regulations. The applicant shall comply with all applicable federal regulations. Proof of compliance shall be provided before the issuance of the facility building permit, or after the facility's construction.
(3)
Lighting and signage. Wireless communications facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Security lighting or motion-activated lighting may be used around the base of a tower and within the wireless communication facility, provided that the lighting is shielded in such a way that no light is directed towards adjacent properties or rights-of-way.
(4)
Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No signs, symbols, identifying emblems, flags, or banners shall be allowed on towers.
B.
New towers. New wireless communications towers shall meet the following requirements:
(1)
Type of towers allowed. New towers shall be limited to monopole-type structures (with internal antennas) or stealth/camouflaged-type tower structures.
(2)
Tower or antenna height limitations. Towers or tower structures shall be evaluated on an individual basis regarding the appropriate height of the requested tower or tower structure.
(3)
Fall zone. The minimum distance from the base of any tower to any residential dwelling unit shall be the tower height or required setback, whichever is greater, unless all persons owning said residence or the land on which said residences are located consent in a signed writing to the construction of said tower. This setback is considered a "fall zone." In the event that an existing structure (i.e., existing water tower, building or pole) is proposed as a mount for a wireless communication facility, a fall zone shall not be required.
(4)
Camouflaging or stealth technology for new towers. If the applicant demonstrates that it is not feasible to locate on an existing structure, towers shall be designed to be camouflaged to the greatest extent practical, including, but not limited to, use of compatible building materials and colors, screening, landscaping, and placement within trees and other structures that may screen or partially screen the view of the tower from adjacent properties or rights-of-way.
(5)
Color of towers. To the extent that any tower or antenna extends above the height of the vegetation immediately surrounding it, they shall be a neutral color, painted or unpainted, unless the FAA requires otherwise.
C.
Information required to process new tower requests.
(1)
Provide a map of the approximate geographic area that your project will serve;
(2)
Provide a map showing the approximate location of all other existing communication towers within the area and a written explanation as to why co-location is not possible on an existing tower structure. Describe your efforts to co-locate your facility on one of the poles or towers that currently exists or is under construction. The applicant should demonstrate a good-faith effort to co-locate with other carriers. This subsection does not apply to applicants who desire to construct a tower for the primary purpose of attracting other persons to co-locate on the tower.
(3)
Provide a scaled site plan containing information showing the property boundaries, proposed tower lease area (if applicable), proposed tower, existing land use, surrounding land uses and zoning, access road(s) location and surface material, existing and proposed structures and topography. The plan shall indicate proposed landscaping, fencing, parking areas, location of any signage and specifications on proposed lighting of the facility;
(4)
Provide a letter stating why the proposed site was chosen.
(a)
Submit a written statement describing how your proposed site and plan meet the City of Lincoln's Statement of Goals and Intent (above).
(b)
Each goal should be addressed individually and in detail.
(c)
The document should also include visual aspects, setbacks, and proximity of single-family residences.
(d)
Describe how you will accommodate other antenna arrays that could co-locate on your facility. Describe how this accommodation will impact both your pole or tower, and your ground-mounted facilities. Provide documentation of your provider's willingness to accommodate other providers who may be able to co-locate on your facility.
(5)
Sight line representation. A sight line representation shall be drawn from four points 90° apart and 100 feet from the proposed tower. Each sight line shall be depicted in section, drawn at one inch equals 40 feet. The sections shall show all intervening trees and buildings.
§ 4.17.3 Construction requirements; co-location; exemptions; use of municipal property; abandonment.
Requirements for new communication towers if conditional use permit is granted:
A.
Structural integrity and inspections of towers.
(1)
If a conditional use permit for the tower is approved, the applicant shall provide a complete set of plans for the proposed tower and a site plan of the property or proposed lease area.
(a)
Tower plans.
1.
Engineer-stamped plans for the proposed tower and an accompanying structural analysis.
2.
Engineer-stamped plans for the proposed tower foundation based on the local geotechnical information gathered for the specific site.
3.
A statement that the tower meets or exceeds design criteria for federal requirements regarding the construction of the tower.
(b)
Site plan.
1.
Name and address of owner, applicant and surveyor.
2.
Date, scale (one inch equals 100 feet preferred), and North arrow.
3.
Vicinity map covering a minimum of one mile with a scale and North arrow indicating surrounding roads, municipal limit lines, growth area boundaries, state lines and county lines as applicable.
4.
Legal description of the property on which the tower is to be placed, with dimensions and angles sufficient to locate all lines. Property shall be located by section, township and range, and tied to the nearest defined and referenced section or quarter section corner.
5.
The precise location and dimensions of the proposed tower or existing tower as it is to be modified.
6.
The location and identification of existing roads or accessways within and to the property (including proposed access easements).
7.
The location and size of existing access and/or utility easements on or adjoining the property, or a note there are none.
8.
The location of flood areas on the property or a note indicating there are none.
9.
The location of USGS documented perennial and intermittent watercourses on or adjoining the property or a note indicating there are none.
10.
The area set aside to accommodate future outbuildings and/or equipment pads to be placed on the property in the future in connection with the tower.
11.
The location of all personal residences within the height of the tower from the perimeter of the base of the tower.
12.
The names of the owners of such residences and copies of their signed consent to the placement of the proposed tower (if applicable).
13.
The existing topography on the property, as per existing U.S. Geological Services survey maps or other more current source.
14.
A note describing any plat and deed restrictions, or a note indicating there are none.
(c)
If a wireless communication facility fails to comply with the requirements and criteria above and constitutes a danger to persons or property, then upon written notice being provided to the owner of the tower, the owner shall have 90 days to bring such tower into compliance with such requirements and criteria. If the owner fails to bring such tower into compliance within 90 days, the City may terminate the owner's conditional use permit and/or cause the removal of such tower (at the owner's expense). In no instance shall this process prevent the City from taking whatever action to protect the public from imminent harm, including but not limited to immediate removal of a tower.
(d)
By making application hereunder, the applicant agrees to regularly maintain and keep in a reasonably safe and workmanlike manner all towers, antenna arrays, fences and outbuildings owned by the applicant which are located in the City. The applicant further agrees to conduct inspections of all such facilities not less frequently than every 12 months. The applicant agrees that said inspections shall be conducted by one or more designated persons holding a combination of education and experience so that they are reasonably capable of identifying functional problems with the facilities.
(2)
Security fencing and anti-climbing device. Using security fencing, towers and equipment shall be enclosed by opaque fencing eight feet in height. The fencing material shall be wood or other opaque fencing material. The tower shall also be equipped with an appropriate anti-climbing device. The facility shall place signs indicating "No Trespassing," "High Voltage," or other pertinent information on the outside of the fence, unless it is decided that the goals of this ordinance would be better served by waiving these provisions in a particular instance. Barbed wire fencing or razor wire shall be prohibited, unless a variance is requested and granted in all zones except M-1 and M-2. Refer to § 6.10.7, Industrial design standards, Subsection B(4)(f), for fencing regulations within M-1 and M-2 Zones.
(3)
Vegetative screening requirements. Wireless communications facilities shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both.
(a)
Vegetative screening should be designed to visually screen the area by using groups of clustered vegetation to achieve a screen natural in appearance. The screened area may exclude access and utility easements.
(b)
The screened area should include a mixture of evergreen and deciduous vegetation types of varying heights. Depending on the setting and existing vegetation on or near the tower property or leased area, a landscape easement adjacent to the site/leased area may be required. If a landscape easement is needed, it must be at least a minimum of 15 feet in width.
(c)
In order to effectively screen the tower site, for every 25 linear feet of perimeter of the leased area, property line (or defined property used for the tower site), the following landscaping is required to be installed (See attached plant list for approved varieties.[1]):
(d)
If there is existing vegetation on site or within close proximity that currently provides screening for the site, then the Administrative Official may grant a variance from the appropriate portions of the landscape screening requirements. Off site landscape easements may be required to assure the existing vegetation persists.
(e)
A landscape plan depicting varieties, sizes (upon planting), and proposed placement of all landscape materials shall be submitted with the conditional use permit application. All proposed or existing easements should also be shown (utility, access, rights-of-way, and landscape easements, etc.). If the applicant proposes to use existing on-site or nearby vegetation in lieu of required landscaping materials, then that existing vegetation must be shown on the plan.
(f)
Irrigation shall not be required, but the owners shall be required to care for the planted vegetation and replace any vegetation that does not survive.
(4)
Setbacks from property lines. Wireless communication facilities shall meet current setbacks as required by zoning.
B.
Co-location. The Administrative Official, following an administrative review without the requirement of an issuance of conditional use permit, may approve the following antenna installations:
(1)
Locating on existing structures. Installation of an antenna or antenna array on an existing structure other than a tower (such as a building, light pole, electric transmission tower, water tank, or other freestanding nonresidential structure), provided that the antenna or antenna array and its support are not more than 20 feet in height. The Administrative Official may grant a variance of up to 10 additional feet in height when such additional height is necessary for improved functionality or safety and where the requirements of Subsection D have been accomplished.
(2)
Locating on existing towers. Additional antennas may be placed or upgraded upon any tower so long as such additional antenna would not violate any requirements of the conditional use permit or other provisions of the original approval. Antennas may be replaced by similar antennas at the same height and for the same basic usage as the antennas being replaced, however, a statement regarding the loading of the replacement equipment shall be submitted and the applicant shall certify that the loading of the proposed equipment shall be less than or equal to the existing. If no certification can be made, then a structural analysis for the tower and the proposed equipment shall be required.
(3)
For the purpose of co-location, the applicant must submit information from a licensed professional engineer certifying the capacity of the tower for additional providers and a letter of intent from the applicant indicating their intent to share space. Existing antennas may be replaced by updated antennas or equipment, however, a statement regarding the loading of the replacement equipment shall be submitted and the applicant shall certify that the loading of the proposed equipment shall be less than or equal to the existing equipment. If no certification can be made, then a structural analysis for the tower and the proposed equipment shall be required.
C.
Other requirements.
(1)
Wireless communications facilities placed on top of buildings. When a wireless communications facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Stealth (RF transparent) screening visually appropriate to the specific site should be explored as an effective compatibility tool.
(2)
Wireless communications facilities placed on sides of buildings. Antennas which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
D.
Exemptions.
(1)
Personal use: towers for personal use which, including the height of all antenna arrays, are less than 50 feet in height from the ground and shall meet the current setbacks as required by zoning.
(2)
Temporary structures: Temporary structures designed to be used for not more than 14 days in connection with a special event or for any reasonable period of time in and immediately following an emergency, including without limitation those towers which are identified as "C.O.W.s" or "cellular on wheels."
(3)
Existing towers.
(a)
All existing towers may be replaced with the same type and height of tower structure as currently exists. All replacement towers shall comply with Subsections A and B regarding color of towers, structural integrity and inspections of towers, security fencing and anti-climbing device, and vegetative screening requirements.
(b)
All existing guyed towers shall also be subject to the following conditions:
1.
A demolition permit shall be issued prior to a building permit being issued for the replacement tower;
2.
The demolition permit shall expire within 90 days and shall require the existing tower to be demolished within 90 days from issuance of the building permit for the replacement tower;
3.
The new tower shall be constructed as close as technically feasible to the existing tower;
4.
The guyed replacement structure may be increased in width to a maximum of 36 inches. Existing guyed towers over 36 inches shall not be increased in width with a replacement tower.
(4)
Emergency and utility towers and antennas: towers and antennas under 35 feet in height used for 9-1-1 services and utility monitoring (gas, water, sewer, traffic lights, etc.).
(5)
Emergency services pole antennas and microwave dish antennas; mayoral determination. If sufficient information concerning gaps in vital emergency services radio coverage or microwave relay capability and the lack of any reasonable alternative is presented to the Mayor who concludes an exemption to the 150-foot height limitation or to a requirement that antennas must be mounted internal within a permitted cell tower may be made to ensure public safety, the Mayor may grant the following exemptions.
(a)
Emergency services antenna. The Mayor may authorize the placement or extension of emergency service antennas affixed to the top of a permitted cell phone tower as long as the antenna has a main supporting section diameter no larger than four inches.
(b)
Emergency services microwave dish antenna. The Mayor may authorize the placement of an emergency services microwave dish antenna on the outside of a permitted cell phone tower as long as this dish antenna does not have a diameter of more than four feet.
E.
Municipal property availability.
(1)
The City should actively market its own property as locations for new wireless communications facilities where appropriate and existing structures as suitable co-location sites.
(2)
The City may not require the applicant to give preferential or priority consideration. The City may not impose on the applicant a requirement of first examination to municipal-owned locations or other locations as owned or controlled by public type entities (schools, hospitals, libraries) over privately owned properties or locations.
(3)
The City may consider as a factor. The appropriate leasing and use of City property to house wireless communication facilities may lessen the overall impact to the community at large by returning a tangible benefit to partially offset any real or perceived impact, and that this benefit would not the community if the facility was located on private land.
(a)
The lease amount for such facilities, either a co-location on an existing City-owned structure, or a lease of City land that the applicant may build a new facility, should be charged per the fair market value of the location.
(b)
As noted above, the review process is shortened and simplified when co-location on existing City or private structures is submitted by the applicant.
F.
Abandoned antennas and towers. At such time that all licensed carriers abandon or discontinue operation from a wireless communication facility for a continuous period of one year, the wireless communications facility shall be considered abandoned upon such discontinuation of operations. Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communications facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
(1)
Removal of antenna, equipment shelters and security barriers from the subject property.
(2)
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
(3)
Restoring the location of the wireless communications facility to its natural condition, except that any landscaping, grading, and subsurface construction shall remain in the after-condition.