Pilot Point City Zoning Code
Division 9
Telecommunication Regulations
§ 14.02.651 Definitions.
A human-made tree, clock, tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas.
A structure or device used to collect or radiate electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omnidirectional antennas such as whips, but not including satellite earth stations.
An arrangement of antennas and its supporting structure.
A single telecommunications tower and/or site used by more than one telecommunications service provider.
The city’s planning and zoning commission as presently constituted, or any successor commission.
A parabolic or bowl-shaped device that receives and or transmits signals in a specific directional pattern.
The Federal Aviation Administration as presently constituted, or any successor federal agency.
The Federal Communications Commission as presently constituted, or any successor federal agency.
Any telecommunications tower supported in whole or in part by cables anchored to the ground.
A permanent ground-mounted sign consisting solely of a single monolithic structure used to identify a development.
A self-supporting telecommunications tower which consists of a single vertical pole fixed into the ground and/or attached to a foundation.
An antenna which receives and/or transmits signals in a directional pattern.
A telecommunications tower which consists of an open network of metal braces forming a tower which is usually triangular or square in cross-section.
A telecommunications antenna that is effectively camouflaged or concealed from view.
An object including a mobile object constructed or installed by humans, including, but not limited to, buildings, poles, water towers, cranes, earth formations and overhead transmission lines.
The transmission, between or among points specified by the user of audio and/or visual information of the user’s choosing without change in the form or content of information as sent and received.
An antenna used to provide a telecommunications service. This excludes lighting rods, amateur radio antennas less than 50 feet in height and whip antennas less than four inches in diameter and less than ten feet in height.
The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
A self-supporting or guyed structure more than 20 feet in height, built primarily to support one or more telecommunications antennas.
The distance measured from grade to the highest point of any and all components of the structures, including antennas, hazard lighting and other appurtenance, if any.
An omni-directional dipole antenna cylindrical shape which is no more than six inches in diameter.
A structure used to provide a telecommunication service wirelessly.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.652 Abandonment.
(a)
In the event the use of any wireless communication facility, which would include telecommunications tower or other antenna support structure, has been discontinued for a period of 365 days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the chief building official who shall have the right to request documentation from the owner/operator regarding the issue of usage.
(b)
Upon the determination of abandonment, the owner/operator of the antenna support structure shall remove the antenna support structure within 90 days of receipt of notice from the building official notifying the owner/operator of such abandonment. If the antenna support structure is not removed within the 90-day period, the building official may cause it to be removed at the owner’s expense.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.653 Appeal.
Any person who desires to erect or utilize a telecommunication facility and who wishes to present evidence that such entity would be limited by the current regulations of the city dealing with zoning and land use may apply for such use under this article. The city council shall, upon a showing that stricter application of the regulations would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law, modify the subject regulations, consistent with the spirit and intent of this division and second to the extent necessary to prevent the prohibition.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.654 Violation.
(a)
Any violation of any section of this division shall constitute an offense affecting safety, zoning and/or public health and, upon conviction, is punishable as provided in section 1.01.009.
(b)
In addition to the penalties provided in subsection (a) above, any violation of this division is hereby declared to be a nuisance. In addition to any other relief to which the city may be entitled, the city attorney is authorized to file suit in any court of competent jurisdiction to enjoin any person from violating or causing to be violated any of the sections of this division.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.655 Tower location standards.
(a)
Historic.
Except for compatible alternative mounting structures approved by the city council that effectively camouflage or conceal the presence of telecommunications antennas, telecommunications facilities shall not be located on or within 300 feet of property included in a national or local historic district. In addition, said facilities should be located so as to ensure that historic or culturally significant vistas, and landscapes are protected and that the views of and vistas from architecturally and/or historically significant structures are not impaired or diminished.
(b)
Building/roof mounted dish antennas one meter or less in diameter are permitted in all zoning districts.
(c)
Dish antennas shall not be permitted in any front setback or side yard setback adjacent to any roadway.
(d)
Residential.
Except as otherwise provided in this division, telecommunications towers are permitted in any SF-1, SF-2, MF-1, MF-2, MF-3, C-1, or PD zoning district in accordance with the following standards:
(1)
Dish antennas in excess of ten feet in height or more than three meters in diameter shall not be permitted in any SF-1, SF-2, SF-3 MF-1, MF-2, MF-3, C-1, or PD zoning district.
(2)
Only one building/roof mounted dish antenna, two meters or less in diameter, is permitted per 5,000 square feet of building floor area on nonresidential buildings and on multifamily dwellings in the MF-1, MF-2, MF-3, C-1, or PD zoning districts.
(3)
All new alternative mounting structures located in a SF-1, SF-2, SF-3, MF-1, MF-2, MF-3, C-1, or PD zoning districts shall require a special use permit.
(e)
Nonresidential.
(1)
Must be two hundred fifty feet from any property, which is within SF-1, SF-2 SF-3, MF-1, MF-2, MF-3, C-1, or PD or is used for residential purposes, regardless of the zoning district if the tower height is 75 feet or less;
(2)
Must be a distance from any property which is within SF-1, SF-2 SF-3, MF-1, MF-2, MF-3, C-1, or PD or is used for residential purposes, regardless of the zoning district, calculated as follows:
(3)
Building/roof mounted dish antennas two meters or less in diameter are permitted on all buildings in excess of 5,000 square feet of building floor area in the C-2, I1, and I2 zoning districts.
(4)
Building/roof mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 100,000 square feet of building floor area in C-2, I1, and I2 zoning districts with a special use permit.
(f)
Fall zone.
A tower shall be constructed so as to minimize the potential safety hazards and located in such a manner that if the structure should fall along its longest dimension, it will remain within the property boundaries and avoid habitable structures, public streets, utility lines and other antennas or towers.
(g)
Tower spacing.
Any new telecommunication tower in excess of 180 feet in height must be located a minimum of one mile from any existing tower in excess of 180 feet in height.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.656 Use standards.
(a)
Freestanding monopole telecommunication towers 85 feet or less in height are permitted in the C-2, I1, and I2 zoning districts; provided that all of the applicable standards of this division are satisfied.
(b)
New alternative mounting structures 100 feet or less in height are permitted in the C-2, I1, and I2, zoning districts.
(c)
Towers requiring special use permits.
Except as otherwise provided in this article, telecommunication towers in excess of 50 feet in height and monopole towers in excess of 85 feet in height may be permitted in the C-2, I1, and I2 zoning districts with a special use permit.
(d)
Telecommunication towers erected to replace existing poles.
Telecommunication towers erected to replace existing poles are permitted in all zoning districts if:
(1)
The pole replaced is a functioning utility pole or light standard within a utility easement or public right-of-way, recreation facility light pole or telecommunication tower;
(3)
The pole replaced does not obstruct a public sidewalk, public alley or other public right-of-way; and
(4)
Pole appearance and function, except for antennae, are not significantly altered.
(e)
New alternative mounting structures in excess of 100 feet in height are permitted in the C-2, I1, and I2 zoning districts with a special use permit.
(f)
Alternative mounting structures must be similar in color, scale and character to adjoining buildings or structures or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.657 Antenna mounting standards.
The purpose of this section is to promote public safety and maintain order and harmony within the city’s zoning districts by restricting the size and location of telecommunication antennas in order to avoid creating visual distractions, preventing obstructions to the view of pedestrians and motorists on public thoroughfares and ensuring the structural integrity of supporting structures.
(1)
Whip and panel antenna mounting standards.
(A)
Individual telecommunications antennas are allowed on existing electric utility poles, light standards, and telecommunication towers in excess of 40 feet in height, provided that the total length of any antenna does not exceed 15 percent of the height of the structure. The height of a telecommunications tower is determined by the highest point of any and all components of the structure, including antennas.
(B)
Telecommunication antennas and arrays are allowed on existing electric transmission towers.
(C)
Existing structures in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure complies with all requirements of this division and the building code.
(D)
Panel antennas, which do not extend above the structures, or whip antennas 15 feet or less in height, are permitted on conforming and properly permitted ground sign structures.
(E)
Building mounted panel antennas are permitted on nonresidential buildings and multifamily dwellings in all zoning districts, provided that they are mounted flush with the exterior of the building and that they do not project above the roof line nor more than 30 inches from the surface of the building to which they are attached. The antenna’s appearance shall be such that its color and texture blends with the surrounding surface of the building.
(F)
Whip antennas are permitted on nonresidential buildings and multifamily dwellings in all zoning districts, except C-1 and the historic district, provided that the total length of the whip antennas, regardless of mounting method or location, does not exceed 15 feet of the height of the building.
(G)
One building/roof mounted antenna support structure, less than 100 square feet in area, is permitted per 5,000 square feet of building floor area.
(2)
Dish antenna mounting standards.
(A)
Ground mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six-foot high screening fence, evergreen hedge, or masonry wall.
(B)
Structural certification.
Applicant shall supply the building official with an engineer’s certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.658 Exception.
Towers and antennas erected or leased by a public agency for police, fire, EMS, 911 or other similar public emergency communications shall be exempted from requirements of this division.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.659 Measurement of distances.
Distances in this division shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of a historic property, or, SF-E, SF-1, SF-2 SF-3, MF-1, MF-2, MF-3, C-1, or PD zoned property or residential use.
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)
§ 14.02.660 Summary table.
The summary table in this section provides a tabular summary of the telecommunication facilities allowed in the various zoning and historic district.
(1)
Permitted by right.
Facilities identified with a “P” are permitted by right and shall be permitted in the corresponding district subject to all other applicable standards of this code.
(2)
Permitted with special use permit.
Facilities identified with a “SU[P]” are permitted by right, but shall be permitted in the corresponding district only in compliance with the supplementary use standards referenced in the final column of the table and subject to all other applicable standards of this article and code requirements.
(3)
Not permitted.
Uses not identified in a particular district column of the use table as permitted by right are not allowed in such district unless otherwise expressly permitted by other sections of this division.
(4)
Conditions.
The final column of the summary table contains references to the standards applicable to the telecommunication facility type in one or more districts or corridors.
Telecommunication Facility Type. | C-2, I1, and I2 | SF-E, SF-1, SF-2, SF-3, MF-1, MF-2, MF-3, C-1, PD | ||
|---|---|---|---|---|
New lattice, other towers | ||||
0 to 50 feet | P | –– | –– | |
> 50 feet | SUP | –– | –– | |
New monopole towers | ||||
0 to 85 feet | P | –– | –– | |
> 85 feet | SUP | –– | –– | ---- |
Alternative mounting structures | ||||
0 to 100 feet | P | SUP | Stealth | –– |
> 100 feet | SUP | SUP | Stealth | ---- |
Antenna only mountings | ||||
Electric transmission towers | P | P | P | |
Existing telecom towers > 40 feet | P | P | P | |
Utility poles > 40 feet | P | P | P | |
Light poles > 40 feet | P | P | P | |
Conforming and permitted ground signs | P | P | Stealth | |
Building mounted panels | Stealth | Stealth* | Stealth | |
Building mounted whips | P | P* | P**** | |
Roof mounted arrays | P** | P** | Stealth | |
Dish antenna mountings | ||||
Building/roof mounted = 1 m dia. | P | P | P | |
Building/roof mounted = 2 m dia. | P** | P* | ---- | |
Building/roof mounted > 1 m dia. | P*** | –– | ---- | |
Ground mounted = 3 m dia. | P | P | P | |
Ground mounted > 3 m dia. | P | –– | ---- | |
Ground mounted = 10 feet high | P | P | P | |
Ground mounted > 1[11] feet high | P | –– | P | |
Key |
* Nonresidential and multifamily structures only. |
** Nonresidential structures in excess of 5,000 square feet of floor area. |
*** Nonresidential structures in excess of 100,000 square feet of floor area. |
**** All multiple family uses except in C-1 and historic. P Permitted |
---- Not permitted |
(Ordinance 363-12-2018, ex. A, adopted 6/25/18)