The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means a transmitting and/or receiving device used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas, and satellite earth stations, antennas used to receive video programming and all other antennas exempt from local restrictions as defined by the Telecommunication Act of 1996.

Colocation means the shared use of or physical location of antennas belong to two or more telecommunication service providers on a single telecommunication tower.

Guyed tower means a telecommunication tower that is supported, in whole or in part, by guy wires and ground.

Monopole tower means a telecommunication tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors.

Qualified share facility means a telecommunication tower designed and engineered for the co-location of antennas, where the facility owner is prepared to make available adequate space to two or more telecommunication providers.

Self-support/lattice tower means a telecommunication tower that is constructed without guy wire and ground anchors.

Stealth antennas means antennas which are mounted on an existing structure with or without a mast and which are painted to match the color of the exterior material of the structure and placed so as not to obscure any significant architectural feature of the structure.

Stealth facility means any telecommunication facility which is designed to blend into the surrounding environment.

Telecommunication tower means a guyed, monopole or self-support/lattice tower, constructed as a freestanding or guyed structure, containing one or more antennas used in the provision of commercial wireless services.

(Code 1961, § 19-80)

Cross reference— Definitions generally, § 1-2.

(a)

Telecommunication towers are permitted in the heavy industrial districts.

(b)

Telecommunication towers are permitted on public property, subject to the applicable minimum lot size and minimum yard size standards of the particular zoning district, and provided that the use of municipal property be further conditioned through the execution of a lease agreement between the applicant and the city, in a form and manner as may be prescribed by the chief administrative officer, and as otherwise governed by section 2-09 of the Charter. For the purposes of this section and R.S. 33:4711, the placement of telecommunication towers on municipal property shall be considered an incidental and limited use of a portion of municipal property that will not impair or impede the existing, public or other use of municipal property, such that the portion of municipal property subject to lease may be deemed no longer necessary for a public purpose other than such leasing. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth in this article.

(c)

Telecommunication towers are permitted, subject to the applicable minimum lot size and minimum yard size standards of the particular zoning district, and the site development plan and minimum standard requirements set forth in section 126-248, in the following zoning districts: commercial, planned commercial, convention, general plaza, general business, business restricted, and R-2 planned unit development.

(d)

For all telecommunication towers in all districts and on public property, a statement prepared by a professional registered engineer licensed to practice in the state shall be submitted to the utilities department, which statement shall certify the tower's compliance with applicable standards as set forth in the applicable building codes and regulations and describe the tower's capacity, including an example of the number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For towers attached to existing structures, the statement shall include certification that the structure can support the superimposed tower load. All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two users, and at a minimum, self-support/lattice or guyed towers shall be able to accommodate three users.

(Code 1961, § 19-81)

Except in heavy industrial districts and on public property, every telecommunication tower shall require the submission of a site development plan and shall meet the following minimum standards:

(1)

Prior to the issuance of a building permit, a site development plan shall be presented for consideration to the planning and zoning director. A building permit shall not be issued unless the site development plan is approved by the planning and zoning director. The planning and zoning director may develop procedures and requirements for site development plan approval consistent with the powers and duties conferred by R.S. 33:101—33:119. Site development plan approval may be predicated on requirements for stealth towers, designed to emulate existing structures already on the site, and/or requirements that the tower be a qualified shared facility as set forth in section 126-251.

(2)

Minimum standards shall be as follows:

a.

The height of a telecommunication tower shall not exceed 200 feet. Tower height shall be measured from the crown of the nearest public street.

b.

Monopole, lattice or guyed telecommunication towers shall not be located within 750 feet of any existing monopole, lattice or guyed telecommunication tower.

c.

All buildings and other structures to be located on the same property as a telecommunication tower shall conform with the setbacks established for the underlying zoning district.

d.

An eight-foot fence or wall, as measured from the finished grade of the site, shall be required around the base of any lattice tower and may be permitted around any accessory buildings or structures.

e.

Landscaping shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. Landscaping shall be installed on the outside of the perimeter fence or wall. Landscaping consistent with perimeter and on-site requirements shall be installed around any accessory buildings or structures.

f.

Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication facility unless repairs are being made.

g.

All abandoned or unused telecommunication facilities shall be removed by the tower owner/operator within 90 days of the cessation of use unless ownership and use has been transferred to the property owner. A tower shall be considered abandoned if use has been discontinued for 180 consecutive days. Telecommunication towers being utilized for other purposes, including but not limited to light standards and power poles, may be exempt from this provision. The planning and zoning commission may extend this time period or waive this requirement if it is shown that the facility has not been abandoned.

h.

The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc., shall be strictly prohibited. This does not apply to an installation where an outdoor advertising sign is used as the base foundation for an antenna installation.

i.

All necessary buildings or structures shall meet all applicable building design standards and shall require a building permit.

j.

Except where superseded by the requirements of state or federal regulatory agencies possessing jurisdiction over telecommunication facilities, telecommunication towers or monopoles shall be constructed of galvanized or unpainted metal or shall be painted in neutral colors designed to blend into the surrounding environment.

(3)

Each application to allow construction of a telecommunication tower shall include a statement that the construction and placement of the tower:

a.

Is in compliance with Federal Aviation Administration regulations.

b.

Is in compliance with the rules and regulations of other federal or state agencies that may regulate telecommunication tower siting, design and construction.

c.

Is in compliance with current radio frequency emissions standards of the Federal Communications Commission.

d.

Will not unnecessarily interfere with public safety communications and the usual and customary transmission or reception of radio and television service enjoyed by adjacent residential and nonresidential properties.

(Code 1961, § 19-82)

Notwithstanding other provisions of this article, telecommunications antennas shall be permitted uses if placed on existing towers with sufficient loading capacity after approval by the utilities department. Notwithstanding the other provisions of this article, towers in existence as of September 1, 1997, may be replaced with a tower of equal or less visual impact and in accordance with the minimum standards set forth in this article.

(Code 1961, § 19-83)

(a)

Antennas are permitted in:

(1)

Heavy industrial districts.

(2)

On public property in accord with section 126-247(b).

(b)

Stealth antennas are permitted subject to the minimum standards set forth below in the following zoning districts: commercial, planned commercial, convention, general plaza, general business, business restricted, mobile home park, R-1A residential, R-1B residential, R-1C residential, R-2 planned unit development, R-3 residential, and R-4 residential.

(c)

Building or rooftop antennas shall be subject to the following minimum standards:

(1)

No commercial advertising shall be allowed on an antenna unless such antenna is actually located on an existing, approved sign;

(2)

No signals, lights or illumination shall be permitted on an antenna unless required by the Federal Aviation Administration;

(3)

Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than 14 feet in height;

(4)

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25 percent of the roof area; and

(5)

Each application shall contain a drawing and description of the antenna, including but not limited to colors and screening devices, subject to planning and zoning commission approval.

(Code 1961, § 19-84)

(a)

Notwithstanding any other provision of this article, to minimize adverse visual impacts associated with the proliferation and clustering of telecommunication towers, colocation of facilities on existing or new towers shall be encouraged by issuing permits to qualified shared facilities only, at locations where it is demonstrated that there may exist more demand for towers than the property can reasonably accommodate or giving preference to qualified shared facilities over other facilities in authorizing use at particular locations.

(b)

For a facility to become a qualified shared facility, the applicant must show that the facility:

(1)

Is appropriately designed for sharing; and

(2)

Owner is prepared to offer adequate space on the facility to others on fair and reasonable, nondiscriminatory terms.

(c)

Colocation of antennas by more than one provider on existing or new telecommunication towers shall take precedence over the construction of new single-use telecommunication towers.

(d)

For any telecommunications tower approved for shared use, the owner of the tower shall provide notice of the location of the telecommunication tower to the department of utilities.

(Code 1961, § 19-85)

Approved telecommunication towers or antennas may be transferred to assigns and successors of the approved party, subject to all of the conditions which applied to original approval.

(Code 1961, § 19-86)

See fee schedule, section 22-35.

(Ord. No. 10-07, § 1, 4-27-10)