North Ogden City Zoning Code

11-17

WIRELESS TELECOMMUNICATION

11-17-1: PURPOSE AND INTENT

The purpose of this chapter is to establish general guidelines for the siting of wireless communications facilities in consideration of the public health, safety and general welfare and without substantial adverse impacts to the visual integrity of the City, its neighborhoods, and its important view corridors. To achieve this objective, these regulations require the use of stealth design through Camouflage and Concealment Design Techniques, with limited exceptions, and encourage the use of Attached Communications Facilities. In furtherance of these goals, the city shall give due consideration to the general plan, this title, existing land uses and environmentally sensitive areas in approving sites for the location of wireless communication facilities.

11-17-2: APPLICABILITY

New Towers and Antennas. All new towers or antennas in the city shall be subject to these regulations.
Exceptions.
1. Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is located on the lot so the reclining length is entirely on the operator's property and which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only operations.
2. Preexisting Towers or Antennas. Legally established preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of CCNO 11-17-3F and G.
3. AM Array. For purposes 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 perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
4. City-owned property should be the first priority for the location of a telecommunications tower. Regulations including setbacks may be reduced by Planning Commission on city-owned property to incentivize city-owned properties first. A lease/easement agreement between the City and tower owner will be required to receive City Council approval.

HISTORY
Amended by Ord. 2025-04 on 3/25/2025

11-17-3: GENERAL REQUIREMENTS

Classifications.
1. Attached Wireless Communications Facility. A Wireless Communications Facility is an Attached Wireless Communications Facility if it is affixed to an existing permanent structure (including buildings, water tanks, and communications towers, but excluding an existing freestanding Wireless Communication Facility as defined below) provided such structure conforms to all applicable regulations, including building and zoning regulations.
2. Freestanding Wireless Communications Facility. A Wireless Communications Facility that is not an attached communications facility is defined as either a Stealth Freestanding Wireless Communications Facility or a Non-stealth Freestanding Wireless Communications Facility, as follows.
  1. A Stealth Freestanding Wireless Communications Facility is a freestanding facility that meets the requirements for Camouflage and Concealment Design Techniques.
  2. A Non-stealth Freestanding Wireless Communications Facility is a freestanding facility that does not meet the definition of a Stealth Freestanding Wireless Communications Facility.
3. All wireless communication facilities shall be processed as a site plan review per CCNO 11-2-9.
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.
1. Attached Wireless Communications Facilities. Attached Wireless Communications Facilities are permitted in all zoning districts provided they are permanently attached to agricultural, commercial, industrial, institutional, or multifamily buildings and utilize Camouflage and Concealment Design Techniques.
2. Stealth Freestanding Wireless Communications Facilities.
  1. Stealth Freestanding Wireless Communications Facilities are permitted in all districts if the property contains a principal use and such principal use of the property is either a multifamily or institutional/civic use. In such areas, stealth towers shall be incorporated into lighting structures.
  2. Commercial and Manufacturing Districts. Stealth Freestanding Wireless Communications Facilities are permitted in these districts and are required to be incorporated into light poles as part of a lighting plan, such as for a parking lot or a recreational facility, or to resemble a tree.
3. Non-Stealth Freestanding Wireless Communications Facilities. Non-stealth Freestanding Wireless Communications facilities are not permitted.
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.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Planning Director an inventory of existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, co-location potential and design of each tower. Each applicant shall also provide a one-year build-out plan of its facilities for all other wireless communications facilities within the city. The Planning Director may share such information with other applicants applying for administrative approval under this chapter or with other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the Planning Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
Aesthetics. Towers and antennas shall meet the following requirements:
1. All Wireless Communications Facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area through the use of camouflage and concealment design techniques (stealth) to the maximum extent possible.
2. Towers, two hundred feet (200') or greater in height, shall be subject to any applicable standards of the FAA. Such regulations include, but not limited to, those specified in FAA advisory circulars AC 70/7460-1-H "Obstruction Marketing & Lighting" and AC 150/5345-43-D "Specifications for Obstruction Lighting Equipment". Towers, less than two hundred feet (200') in height, shall be painted a neutral color so as to reduce visual obtrusiveness.
3. If an antenna is installed on a structure other than a tower, 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.
4. Attached Wireless Communications Facilities (roof mounted), including the antenna, support structures and screening, shall not project more than ten (10) feet above the roof line of a building.
5. Attached Wireless Communications Facilities (façade mounted), including the antenna, support structures and screening, shall not extend above the parapet wall, or, in the case of a pitched roof, above the roof ridge.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives shall be evaluated, and a design chosen that uses the least amount of light required for safety purposes.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, 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, then 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 state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
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. This may include tower upgrades if new codes suggest the tower may be unsafe. If, upon inspection, the city 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 standards, unless a longer time is reasonably necessary. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
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 city have been obtained and shall file a copy of all required franchises with the Planning Director.
Signs. No signs shall be allowed on an antenna or tower.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of CCNO 11-17-6.
Colocation and Multiple Antenna/Tower Plan. Applications for approval of multiple sites or for collocation with an existing provider are given priority in the review process.
Security Fencing. Towers shall be enclosed by security fencing not less than six feet (6') in height and no more than eight feet (8') in height, which shall be constructed of cement block or masonry, and shall be equipped with an appropriate anticlimbing device.
Landscaping. The following requirements shall govern the landscaping surrounding towers:
1. All ground-based equipment must be screened by a solid fence or screen wall six (6) feet in height. This requirement may be waived by the Director in areas where the City determines buildings or other structures provide a comparable or better screening effect.
2. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound.
3. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
4. Existing mature plant growth and natural landforms on the site shall be preserved to the maximum extent possible.
Noise. No permit shall be issued for any facility which generates a noise level greater than fifty (50) decibels as measured at the edge of the property upon which such facility is sited.
Availability of Suitable Existing Towers, Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following.
1. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
5. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

11-17-4: MINIMUM SETBACKS AND SEPARATION BETWEEN TOWERS

Setbacks. The following setback requirements shall apply to all towers.
1. Antennas shall be setback from any residentially zoned property line a minimum distance equal to the height of the tower. In Civic, Commercial, and Manufacturing Zones the minimum setback distance shall be 10 feet from the property line, unless a compelling reason to reduce the setback is determined by the Planning Commission during site plan review. .
2. Accessory buildings must satisfy the minimum zoning district setback requirements.

Separation. The following separation requirements shall apply to all towers and antennas.

Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table 2. Separation distances between towers does not apply if they are located on City owner property and use stealth technology.

Table 2
Separation Distances Between Towers
Towers 65 feet in height or greater	2,000 feet	1,500 feet	1,000 feet
Towers less than 65 feet in height, but greater than 40 feet in height	1,500 feet	1,500 feet	1,000 feet
Towers less than 40 feet in height	1,000 feet	1,000 feet	750 feet

HISTORY
Amended by Ord. 2025-04 on 3/25/2025

11-17-5: BUILDINGS OR OTHER EQUIPMENT STORAGE

Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas mounted on structures or rooftops shall comply with the following.
1. The cabinet or structure shall not contain more than one hundred twenty (120) square feet of gross floor area or be more than eight feet (8') in height and shall be located on the ground.
2. Equipment storage buildings or cabinets shall comply with all applicable building codes and be setback from the building edge by a minimum distance of 10’.
Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in association with antennas mounted on utility poles, light poles or towers shall be located in accordance with the following.
1. In residential districts, the equipment cabinet or structure may be located:
  1. In a required front yard or required street side yard, provided the cabinet structure is no greater than three and one-half feet (3 1/2') in height or twenty (20) square feet of gross floor area and the cabinet/structure is located a minimum of three feet (3') from all lot lines. The cabinet/structure shall be screened by sight obscuring landscaping which obscures at least ninety five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height not to exceed forty-two inches (42").
  2. In a required rear yard, provided the cabinet or structure is no greater than five feet (5') in height or one hundred twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by sight obscuring landscaping which obscures at least ninety five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height of six feet (6').
  3. The entry or access side of a cabinet or structure shall be gated by a solid, sight obscuring gate that is separate from the cabinet or structure.
2. In commercial or industrial districts, the equipment cabinet or structure shall be no greater than fourteen feet (14') in height or three hundred (300) square feet in gross floor area. The structure or cabinet shall be screened by sight obscuring landscaping with an ultimate height of sixteen feet (16') and a planted height of at least six feet (6'). The entry or access side of a cabinet or structure shall be gated by a solid, sight obscuring gate that is separate from the cabinet or structure. Such accessway shall not face residentially zoned property.

11-17-6 COLLOCATION

Good Faith. Applicants and permittees shall cooperate and exercise good faith in collocating wireless telecommunications facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.
Exceptions. No collocation is required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions.
Failure to Comply. Failure to comply with collocation requirements when feasible may result in denial of a permit request or revocation of an existing permit.

11-17-7: REMOVAL OF ABANDONED ANTENNAS AND TOWERS

Any antenna or tower that is not operated for a continuous period of one (1) year shall be considered abandoned, and the owner of such antenna or tower shall remove the same within six (6) months of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said six (6) month period shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period.

11-17-8: NONCONFORMING USES

Expansion of Existing Towers. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

2025-04

North Ogden City Zoning Code

11-17

WIRELESS TELECOMMUNICATION

11-17-1: PURPOSE AND INTENT

The purpose of this chapter is to establish general guidelines for the siting of wireless communications facilities in consideration of the public health, safety and general welfare and without substantial adverse impacts to the visual integrity of the City, its neighborhoods, and its important view corridors. To achieve this objective, these regulations require the use of stealth design through Camouflage and Concealment Design Techniques, with limited exceptions, and encourage the use of Attached Communications Facilities. In furtherance of these goals, the city shall give due consideration to the general plan, this title, existing land uses and environmentally sensitive areas in approving sites for the location of wireless communication facilities.

11-17-2: APPLICABILITY

New Towers and Antennas. All new towers or antennas in the city shall be subject to these regulations.
Exceptions.
1. Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is located on the lot so the reclining length is entirely on the operator's property and which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only operations.
2. Preexisting Towers or Antennas. Legally established preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of CCNO 11-17-3F and G.
3. AM Array. For purposes 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 perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
4. City-owned property should be the first priority for the location of a telecommunications tower. Regulations including setbacks may be reduced by Planning Commission on city-owned property to incentivize city-owned properties first. A lease/easement agreement between the City and tower owner will be required to receive City Council approval.

HISTORY
Amended by Ord. 2025-04 on 3/25/2025

11-17-3: GENERAL REQUIREMENTS

Classifications.
1. Attached Wireless Communications Facility. A Wireless Communications Facility is an Attached Wireless Communications Facility if it is affixed to an existing permanent structure (including buildings, water tanks, and communications towers, but excluding an existing freestanding Wireless Communication Facility as defined below) provided such structure conforms to all applicable regulations, including building and zoning regulations.
2. Freestanding Wireless Communications Facility. A Wireless Communications Facility that is not an attached communications facility is defined as either a Stealth Freestanding Wireless Communications Facility or a Non-stealth Freestanding Wireless Communications Facility, as follows.
  1. A Stealth Freestanding Wireless Communications Facility is a freestanding facility that meets the requirements for Camouflage and Concealment Design Techniques.
  2. A Non-stealth Freestanding Wireless Communications Facility is a freestanding facility that does not meet the definition of a Stealth Freestanding Wireless Communications Facility.
3. All wireless communication facilities shall be processed as a site plan review per CCNO 11-2-9.
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.
1. Attached Wireless Communications Facilities. Attached Wireless Communications Facilities are permitted in all zoning districts provided they are permanently attached to agricultural, commercial, industrial, institutional, or multifamily buildings and utilize Camouflage and Concealment Design Techniques.
2. Stealth Freestanding Wireless Communications Facilities.
  1. Stealth Freestanding Wireless Communications Facilities are permitted in all districts if the property contains a principal use and such principal use of the property is either a multifamily or institutional/civic use. In such areas, stealth towers shall be incorporated into lighting structures.
  2. Commercial and Manufacturing Districts. Stealth Freestanding Wireless Communications Facilities are permitted in these districts and are required to be incorporated into light poles as part of a lighting plan, such as for a parking lot or a recreational facility, or to resemble a tree.
3. Non-Stealth Freestanding Wireless Communications Facilities. Non-stealth Freestanding Wireless Communications facilities are not permitted.
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.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Planning Director an inventory of existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, co-location potential and design of each tower. Each applicant shall also provide a one-year build-out plan of its facilities for all other wireless communications facilities within the city. The Planning Director may share such information with other applicants applying for administrative approval under this chapter or with other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the Planning Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
Aesthetics. Towers and antennas shall meet the following requirements:
1. All Wireless Communications Facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area through the use of camouflage and concealment design techniques (stealth) to the maximum extent possible.
2. Towers, two hundred feet (200') or greater in height, shall be subject to any applicable standards of the FAA. Such regulations include, but not limited to, those specified in FAA advisory circulars AC 70/7460-1-H "Obstruction Marketing & Lighting" and AC 150/5345-43-D "Specifications for Obstruction Lighting Equipment". Towers, less than two hundred feet (200') in height, shall be painted a neutral color so as to reduce visual obtrusiveness.
3. If an antenna is installed on a structure other than a tower, 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.
4. Attached Wireless Communications Facilities (roof mounted), including the antenna, support structures and screening, shall not project more than ten (10) feet above the roof line of a building.
5. Attached Wireless Communications Facilities (façade mounted), including the antenna, support structures and screening, shall not extend above the parapet wall, or, in the case of a pitched roof, above the roof ridge.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives shall be evaluated, and a design chosen that uses the least amount of light required for safety purposes.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, 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, then 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 state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
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. This may include tower upgrades if new codes suggest the tower may be unsafe. If, upon inspection, the city 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 standards, unless a longer time is reasonably necessary. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
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 city have been obtained and shall file a copy of all required franchises with the Planning Director.
Signs. No signs shall be allowed on an antenna or tower.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of CCNO 11-17-6.
Colocation and Multiple Antenna/Tower Plan. Applications for approval of multiple sites or for collocation with an existing provider are given priority in the review process.
Security Fencing. Towers shall be enclosed by security fencing not less than six feet (6') in height and no more than eight feet (8') in height, which shall be constructed of cement block or masonry, and shall be equipped with an appropriate anticlimbing device.
Landscaping. The following requirements shall govern the landscaping surrounding towers:
1. All ground-based equipment must be screened by a solid fence or screen wall six (6) feet in height. This requirement may be waived by the Director in areas where the City determines buildings or other structures provide a comparable or better screening effect.
2. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound.
3. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
4. Existing mature plant growth and natural landforms on the site shall be preserved to the maximum extent possible.
Noise. No permit shall be issued for any facility which generates a noise level greater than fifty (50) decibels as measured at the edge of the property upon which such facility is sited.
Availability of Suitable Existing Towers, Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following.
1. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
5. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

11-17-4: MINIMUM SETBACKS AND SEPARATION BETWEEN TOWERS

Setbacks. The following setback requirements shall apply to all towers.
1. Antennas shall be setback from any residentially zoned property line a minimum distance equal to the height of the tower. In Civic, Commercial, and Manufacturing Zones the minimum setback distance shall be 10 feet from the property line, unless a compelling reason to reduce the setback is determined by the Planning Commission during site plan review. .
2. Accessory buildings must satisfy the minimum zoning district setback requirements.

Separation. The following separation requirements shall apply to all towers and antennas.

Table 2
Separation Distances Between Towers
Towers 65 feet in height or greater	2,000 feet	1,500 feet	1,000 feet
Towers less than 65 feet in height, but greater than 40 feet in height	1,500 feet	1,500 feet	1,000 feet
Towers less than 40 feet in height	1,000 feet	1,000 feet	750 feet

HISTORY
Amended by Ord. 2025-04 on 3/25/2025

11-17-5: BUILDINGS OR OTHER EQUIPMENT STORAGE

Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas mounted on structures or rooftops shall comply with the following.
1. The cabinet or structure shall not contain more than one hundred twenty (120) square feet of gross floor area or be more than eight feet (8') in height and shall be located on the ground.
2. Equipment storage buildings or cabinets shall comply with all applicable building codes and be setback from the building edge by a minimum distance of 10’.
Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in association with antennas mounted on utility poles, light poles or towers shall be located in accordance with the following.
1. In residential districts, the equipment cabinet or structure may be located:
  1. In a required front yard or required street side yard, provided the cabinet structure is no greater than three and one-half feet (3 1/2') in height or twenty (20) square feet of gross floor area and the cabinet/structure is located a minimum of three feet (3') from all lot lines. The cabinet/structure shall be screened by sight obscuring landscaping which obscures at least ninety five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height not to exceed forty-two inches (42").
  2. In a required rear yard, provided the cabinet or structure is no greater than five feet (5') in height or one hundred twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by sight obscuring landscaping which obscures at least ninety five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height of six feet (6').
  3. The entry or access side of a cabinet or structure shall be gated by a solid, sight obscuring gate that is separate from the cabinet or structure.
2. In commercial or industrial districts, the equipment cabinet or structure shall be no greater than fourteen feet (14') in height or three hundred (300) square feet in gross floor area. The structure or cabinet shall be screened by sight obscuring landscaping with an ultimate height of sixteen feet (16') and a planted height of at least six feet (6'). The entry or access side of a cabinet or structure shall be gated by a solid, sight obscuring gate that is separate from the cabinet or structure. Such accessway shall not face residentially zoned property.

11-17-6 COLLOCATION

Good Faith. Applicants and permittees shall cooperate and exercise good faith in collocating wireless telecommunications facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.
Exceptions. No collocation is required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions.
Failure to Comply. Failure to comply with collocation requirements when feasible may result in denial of a permit request or revocation of an existing permit.

11-17-7: REMOVAL OF ABANDONED ANTENNAS AND TOWERS

Any antenna or tower that is not operated for a continuous period of one (1) year shall be considered abandoned, and the owner of such antenna or tower shall remove the same within six (6) months of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said six (6) month period shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period.

11-17-8: NONCONFORMING USES

Expansion of Existing Towers. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

2025-04

North Ogden City Zoning Code

11-17

WIRELESS TELECOMMUNICATION

11-17-1: PURPOSE AND INTENT

The purpose of this chapter is to establish general guidelines for the siting of wireless communications facilities in consideration of the public health, safety and general welfare and without substantial adverse impacts to the visual integrity of the City, its neighborhoods, and its important view corridors. To achieve this objective, these regulations require the use of stealth design through Camouflage and Concealment Design Techniques, with limited exceptions, and encourage the use of Attached Communications Facilities. In furtherance of these goals, the city shall give due consideration to the general plan, this title, existing land uses and environmentally sensitive areas in approving sites for the location of wireless communication facilities.

11-17-2: APPLICABILITY

New Towers and Antennas. All new towers or antennas in the city shall be subject to these regulations.
Exceptions.
1. Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is located on the lot so the reclining length is entirely on the operator's property and which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only operations.
2. Preexisting Towers or Antennas. Legally established preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of CCNO 11-17-3F and G.
3. AM Array. For purposes 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 perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
4. City-owned property should be the first priority for the location of a telecommunications tower. Regulations including setbacks may be reduced by Planning Commission on city-owned property to incentivize city-owned properties first. A lease/easement agreement between the City and tower owner will be required to receive City Council approval.

HISTORY
Amended by Ord. 2025-04 on 3/25/2025

11-17-3: GENERAL REQUIREMENTS

Classifications.
1. Attached Wireless Communications Facility. A Wireless Communications Facility is an Attached Wireless Communications Facility if it is affixed to an existing permanent structure (including buildings, water tanks, and communications towers, but excluding an existing freestanding Wireless Communication Facility as defined below) provided such structure conforms to all applicable regulations, including building and zoning regulations.
2. Freestanding Wireless Communications Facility. A Wireless Communications Facility that is not an attached communications facility is defined as either a Stealth Freestanding Wireless Communications Facility or a Non-stealth Freestanding Wireless Communications Facility, as follows.
  1. A Stealth Freestanding Wireless Communications Facility is a freestanding facility that meets the requirements for Camouflage and Concealment Design Techniques.
  2. A Non-stealth Freestanding Wireless Communications Facility is a freestanding facility that does not meet the definition of a Stealth Freestanding Wireless Communications Facility.
3. All wireless communication facilities shall be processed as a site plan review per CCNO 11-2-9.
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.
1. Attached Wireless Communications Facilities. Attached Wireless Communications Facilities are permitted in all zoning districts provided they are permanently attached to agricultural, commercial, industrial, institutional, or multifamily buildings and utilize Camouflage and Concealment Design Techniques.
2. Stealth Freestanding Wireless Communications Facilities.
  1. Stealth Freestanding Wireless Communications Facilities are permitted in all districts if the property contains a principal use and such principal use of the property is either a multifamily or institutional/civic use. In such areas, stealth towers shall be incorporated into lighting structures.
  2. Commercial and Manufacturing Districts. Stealth Freestanding Wireless Communications Facilities are permitted in these districts and are required to be incorporated into light poles as part of a lighting plan, such as for a parking lot or a recreational facility, or to resemble a tree.
3. Non-Stealth Freestanding Wireless Communications Facilities. Non-stealth Freestanding Wireless Communications facilities are not permitted.
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.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Planning Director an inventory of existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, co-location potential and design of each tower. Each applicant shall also provide a one-year build-out plan of its facilities for all other wireless communications facilities within the city. The Planning Director may share such information with other applicants applying for administrative approval under this chapter or with other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the Planning Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
Aesthetics. Towers and antennas shall meet the following requirements:
1. All Wireless Communications Facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area through the use of camouflage and concealment design techniques (stealth) to the maximum extent possible.
2. Towers, two hundred feet (200') or greater in height, shall be subject to any applicable standards of the FAA. Such regulations include, but not limited to, those specified in FAA advisory circulars AC 70/7460-1-H "Obstruction Marketing & Lighting" and AC 150/5345-43-D "Specifications for Obstruction Lighting Equipment". Towers, less than two hundred feet (200') in height, shall be painted a neutral color so as to reduce visual obtrusiveness.
3. If an antenna is installed on a structure other than a tower, 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.
4. Attached Wireless Communications Facilities (roof mounted), including the antenna, support structures and screening, shall not project more than ten (10) feet above the roof line of a building.
5. Attached Wireless Communications Facilities (façade mounted), including the antenna, support structures and screening, shall not extend above the parapet wall, or, in the case of a pitched roof, above the roof ridge.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives shall be evaluated, and a design chosen that uses the least amount of light required for safety purposes.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, 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, then 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 state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
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. This may include tower upgrades if new codes suggest the tower may be unsafe. If, upon inspection, the city 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 standards, unless a longer time is reasonably necessary. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
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 city have been obtained and shall file a copy of all required franchises with the Planning Director.
Signs. No signs shall be allowed on an antenna or tower.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of CCNO 11-17-6.
Colocation and Multiple Antenna/Tower Plan. Applications for approval of multiple sites or for collocation with an existing provider are given priority in the review process.
Security Fencing. Towers shall be enclosed by security fencing not less than six feet (6') in height and no more than eight feet (8') in height, which shall be constructed of cement block or masonry, and shall be equipped with an appropriate anticlimbing device.
Landscaping. The following requirements shall govern the landscaping surrounding towers:
1. All ground-based equipment must be screened by a solid fence or screen wall six (6) feet in height. This requirement may be waived by the Director in areas where the City determines buildings or other structures provide a comparable or better screening effect.
2. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound.
3. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
4. Existing mature plant growth and natural landforms on the site shall be preserved to the maximum extent possible.
Noise. No permit shall be issued for any facility which generates a noise level greater than fifty (50) decibels as measured at the edge of the property upon which such facility is sited.
Availability of Suitable Existing Towers, Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following.
1. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
5. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

11-17-4: MINIMUM SETBACKS AND SEPARATION BETWEEN TOWERS

Setbacks. The following setback requirements shall apply to all towers.
1. Antennas shall be setback from any residentially zoned property line a minimum distance equal to the height of the tower. In Civic, Commercial, and Manufacturing Zones the minimum setback distance shall be 10 feet from the property line, unless a compelling reason to reduce the setback is determined by the Planning Commission during site plan review. .
2. Accessory buildings must satisfy the minimum zoning district setback requirements.

Separation. The following separation requirements shall apply to all towers and antennas.

Table 2
Separation Distances Between Towers
Towers 65 feet in height or greater	2,000 feet	1,500 feet	1,000 feet
Towers less than 65 feet in height, but greater than 40 feet in height	1,500 feet	1,500 feet	1,000 feet
Towers less than 40 feet in height	1,000 feet	1,000 feet	750 feet

HISTORY
Amended by Ord. 2025-04 on 3/25/2025

11-17-5: BUILDINGS OR OTHER EQUIPMENT STORAGE

Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas mounted on structures or rooftops shall comply with the following.
1. The cabinet or structure shall not contain more than one hundred twenty (120) square feet of gross floor area or be more than eight feet (8') in height and shall be located on the ground.
2. Equipment storage buildings or cabinets shall comply with all applicable building codes and be setback from the building edge by a minimum distance of 10’.
Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in association with antennas mounted on utility poles, light poles or towers shall be located in accordance with the following.
1. In residential districts, the equipment cabinet or structure may be located:
  1. In a required front yard or required street side yard, provided the cabinet structure is no greater than three and one-half feet (3 1/2') in height or twenty (20) square feet of gross floor area and the cabinet/structure is located a minimum of three feet (3') from all lot lines. The cabinet/structure shall be screened by sight obscuring landscaping which obscures at least ninety five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height not to exceed forty-two inches (42").
  2. In a required rear yard, provided the cabinet or structure is no greater than five feet (5') in height or one hundred twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by sight obscuring landscaping which obscures at least ninety five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height of six feet (6').
  3. The entry or access side of a cabinet or structure shall be gated by a solid, sight obscuring gate that is separate from the cabinet or structure.
2. In commercial or industrial districts, the equipment cabinet or structure shall be no greater than fourteen feet (14') in height or three hundred (300) square feet in gross floor area. The structure or cabinet shall be screened by sight obscuring landscaping with an ultimate height of sixteen feet (16') and a planted height of at least six feet (6'). The entry or access side of a cabinet or structure shall be gated by a solid, sight obscuring gate that is separate from the cabinet or structure. Such accessway shall not face residentially zoned property.

11-17-6 COLLOCATION

Good Faith. Applicants and permittees shall cooperate and exercise good faith in collocating wireless telecommunications facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.
Exceptions. No collocation is required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions.
Failure to Comply. Failure to comply with collocation requirements when feasible may result in denial of a permit request or revocation of an existing permit.

11-17-7: REMOVAL OF ABANDONED ANTENNAS AND TOWERS

Any antenna or tower that is not operated for a continuous period of one (1) year shall be considered abandoned, and the owner of such antenna or tower shall remove the same within six (6) months of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said six (6) month period shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period.

11-17-8: NONCONFORMING USES

Expansion of Existing Towers. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.