(a)

Primary purpose. The purpose of these regulations is to promote the efficient and effective provisions of communication services in compliance with the Telecommunications Act of 1996 while protecting the health, safety, and welfare of the community. This article is adopted under the zoning authority of the city in furtherance of the more general purposes set forth in the zoning ordinance.

(b)

Secondary purposes.

(1)

To provide a range of locations for antenna arrays and telecommunications towers in all zones unless otherwise prevented by law;

(2)

To minimize the number of new towers needed by encouraging the use of existing towers and existing public and private structures;

(3)

To enhance the ability of providers of communications services to provide such services to the community quickly, effectively and efficiently;

(4)

To preserve the stability of land values of properties near and adjacent to proposed commercial tower locations; and

(5)

To protect the public health, safety, and welfare through the use of good engineering and urban design principles.

(Ord. No. 5880, § 1, 5-1-00; Ord. No. 6617, § 1, 2-19-19)

An antenna array or telecommunications tower may be erected, placed, established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this chapter.

(Ord. No. 5880, § 1, 5-1-00; Ord. No. 6617, § 1, 2-19-19)

The following words and phrases listed in this section shall have the following meanings unless a different meaning is plainly required by context:

Alternative tower structure means man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers and are built for the express purpose of serving as a tower or for locating antennas.

Antenna array means one (1) or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include an omni-directional antenna (rod), a directional antenna (panel) and a parabolic antenna (disc). The antenna array does not include the support structure defined below.

Attached antenna array or attached wireless communications facility (attached WCF) means an antenna array or small wireless facility that is attached to an existing building or structure which shall include, but not be limited to, utility poles, signs, water towers, with any accompanying poles or device which attaches the antenna array to the existing building or structure and associated connection cables, and any equipment facility which may be located either inside or outside the attachment structure.

Co-location or site sharing means use of a common WCF or common site by two (2) or more wireless license holders or by one (1) wireless license holder for more than one (1) type of communications technology or placement of a WCF on a structure owned or operated by a utility or other public entity.

Derrick tower means a structure constructed of lattice steel and which is entirely self-supporting.

Tower use permit (TUP) means a permit issued by the city specifically for the location, construction, and use of a telecommunications tower subject to an approved site plan and other required information and subject to any special conditions determined by the planning commission and/or city council to be appropriate under the provisions of this chapter.

Utility pole means a pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control signage, or a similar function regardless of ownership, including city-owned poles.

Wireless communication facility (WCF) means any unstaffed facility for the transmission or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.

Wireless communications means any personal wireless service as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless communications services including cellular, personal communication services (PCS), specialized mobile radio (SMR) enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

(Ord. No. 5880, § 1, 5-1-00; Ord. No. 6617, § 1, 2-19-19)

A telecommunications tower may be located in all zoning districts within the city and may be processed and approved, with necessary information and agreements, through administrative review of the zoning department when in conformance with this chapter.

(a)

Minor wireless communication facilities. The following minor wireless communication facilities may be permitted upon the completion, submittal, and approval of a minor WCF permit application accompanied by a scale site plan and a letter stating the proposed scope of work.

(1)

Installation of an antenna array or small wireless facility on an existing structure other than a tower (such as a building, sign, light pole, electric transmission tower and similarly sealed public utilities/facilities, water tower, or other free-standing non-residential structure) may be approved by the zoning administrator provided that the addition of the antenna array or small wireless facility is not less than fourteen (14) feet in height and does not add more than twenty (20) feet to the height of the existing structure.

(2)

Installation of an antenna array or small wireless facility on an existing tower of any height and the placement of additional buildings or other supporting equipment used in connection with such additional antenna array or small wireless facility may be permitted by the zoning administrator, so long as the proposed additions (A) would not increase the height of the tower above the maximum height permitted in the zone in which it is located, and (B) would cause no more than twenty-five (25) percent increase in the square footage occupied by the communication facility. The addition or modification of structures other than towers shall meet all setbacks of zoning district in which the tower or facilities are located.

(3)

Installation of a small wireless facility on a new or replacement utility pole may be approved by the zoning administrator so long as the proposed new structure and small wireless facility would not exceed the maximum height permitted in the zone in which it is located.

(4)

Collocation, modification or replacement of a wireless communication facility shall be approved by the zoning administrator if it does not substantially change the physical dimensions of the tower or base station within the meaning of 47 U.S.C. § 1455(a).

(5)

Placement of a small wireless facility on a city-owned pole pursuant to section 29-192 of this chapter.

(b)

Major telecommunication facilities. Telecommunications facilities not meeting the criteria specified in subsection (a) are classified as major telecommunication facilities that require a TUP. TUPs for major telecommunication facilities may be approved when all of the following development standards have been met and all of the following required documentation has been submitted.

(1)

In general.

a.

Each applicant shall agree to cooperate with the city and other applicants hereafter by designing towers such that other users may co-locate upon that same tower. In general, to the extent feasible any tower constructed to a height of one hundred twenty (120) feet shall be designed to accommodate two (2) users, and towers constructed to a height of one hundred fifty (150) feet and above shall be designed to accommodate three (3) or more users. Permitted heights specified are dependent upon the zoning district in which the tower is to be located. Applicants for TUPs must offer to lease space in good faith and at a fair market rate. Any tower owner operating under an approved TUP who does not offer to lease out extra space at a fair market rate may be subject to revocation of its TUP. Each such applicant shall notify the zoning department in writing of the name and address of any and all co-users of a tower or antenna.

b.

All TUP applications for new tower construction will be considered only after the applicant has demonstrated to the satisfaction of the Southeast Arkansas Regional Planning Director that:

1.

The applicant conducted a good faith search and did not identify available existing towers or support structures located within the geographic area that would meet the applicant's engineering requirements.

2.

Available existing towers or support structures are not of sufficient height to meet the applicant's engineering requirements.

3.

Available existing towers or support structures do not have sufficient structure strength to support applicant's proposed antenna and related equipment.

4.

With respect to existing towers or support structures, the applicant's proposed WCF would interfere with WCFs on the available existing towers or support structures, or the WCFs on the available existing towers or support structures would interfere with the applicant's WCF.

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. Any such costs that exceed the cost of new tower development, including but not limited to site locating, site purchase price or property lease, tower materials and construction, and any governmental development or review fees, are presumed to be unreasonable.

6.

There are other limiting factors that render existing towers and support structures unavailable, infeasible or unsuitable.

Supporting documentation claiming any of the above factors must be presented at the time of TUP submittal.

c.

All towers must meet or exceed the then current federal standards and regulations of the FAA, the FCC, and any other agency of the federal or state government with the authority to regulate towers and antennas and the construction and specifications thereof. If such standards and regulations are changed, then the tower and antenna owners governed by this chapter shall bring such towers and antennas into compliance to the extent so required by such changed standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to timely bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antennas at the owner's expense and/or grounds to terminate or not renew owner's approved TUP and the imposition of fines.

d.

To ensure the structural integrity of towers, the owner of a tower shall construct and maintain the tower in compliance with standards contained in applicable local building codes and the applicable then current standards for towers that are published by the Electronic Industries Association, as amended from time to time. To this end, prior to the initial issuance or the renewal of any permit, the tower shall be certified by a professional engineer licensed and/or registered by the state and knowledgeable in the design and/or analysis of towers as being safe and meeting all generally-applicable health and safety codes and standards. If upon inspection, the building inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the tower, the owner shall have sixty (60) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within sixty (60) days, the governing authority may, upon thirty (30) days' notice and an opportunity for hearing, terminate that owner's approved TUP, cause that owner's TUP not to be renewed, and/or treat such tower as abandoned under section 29-185.

e.

Every tower shall be inspected a minimum of every twenty-four (24) months at the owner's expense, by a structural engineer registered and/or licensed in and by the state who is regularly involved in the maintenance, inspection, and/or erection of communication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the Electronic Industries Association Standard 222, "Structure Standards for Steel Antenna Towers and Antenna Support Structure," as such standards may from time to time be amended. A copy of such inspection record shall be provided to the zoning department.

(2)

TUP submittal. The applicant requesting approval of a TUP shall at the time of submittal of the application to the zoning department provide the following information in addition to any documentation required above. All submitted supporting documentation must be signed and sealed by the appropriate licensed professionals.

a.

A scale site plan containing information showing the property boundaries, existing land uses, surrounding land uses and zoning, access road(s) location and surface material, existing and proposed structures, and topography. The site plan/attachments must contain information regarding any tower guy wire anchors and other apparatus needed for support and must indicate proposed landscaping, fencing, parking areas, location of any signage, and specifications on proposed lighting of the facility.

b.

A written report is to be submitted including information describing the tower height and design, a cross section of the structure, engineering specifications detailing construction of the tower, base, and guy wire anchorage. Information must also be included describing the proposed painting and lighting schemes and the tower's capacity, including the number and type of antennas that it can accommodate.

c.

A statement, in writing, stating the availability, or unavailability of space on other facilities within the city, to include reasons why co-location is not obtainable as set forth in section (b)(1)b. above.

(3)

Development standards for major telecommunication facilities TUPs.

a.

Height and supporting structures.

1.

An attached antenna array or an attached WCF shall not be less than fourteen (14) feet, nor add more than twenty (20) feet in height to the existing building or support structure to which it is attached.

2.

Towers shall have the following maximum height when other development standards can be met:

(i)

Residential zones: One hundred twenty (120) feet.

(ii)

Agricultural-residential zone: Two hundred (200) feet.

(iii)

Commercial zones: One hundred fifty (150) feet.

(iv)

Industrial zones: Two hundred (200) feet.

3.

Towers shall consist of the following types of supporting structures:

(i)

Residential zones: Monopole.

(ii)

Agricultural-residential zone: Monopole, derrick, lattice, guy-wired.

(iii)

Commercial zones: Monopole, derrick.

(iv)

Industrial zones: Monopole, derrick, lattice, guy-wired.

b.

General siting criteria and setbacks.

1.

Attached antenna array. Attached antenna arrays are exempt from the setback provisions of the zone in which they are located. An attached antenna array may extend up to thirty (30) inches horizontally beyond the edge of the attached structure so long as the antenna array does not encroach upon an adjoining parcel.

2.

General siting criteria. Regardless of the zoning district in which the tower is to be located, all antenna arrays and support structures shall not be located nearer to any existing single-family dwelling or any lot zoned for single-family dwelling development than a distance equal to the height of the support structure, even when the property on which the tower is to be located does not abut said residential use property or when the existing single-family residence(s) are not located in a residential zone. Existing residential dwellings or residential development lots within this distance that are owned either by the owner of the property being leased for tower purposes or by the owner of the proposed tower shall be considered to have met this requirement.

3.

Setbacks.

(i)

In addition to other siting requirements, when located in or abutting a residential zone, towers, antenna arrays or support structures must be setback from the property line a distance equal to the overall height of the tower constructed, or minimum setback for the zoning classification, whichever is greater.

(ii)

In addition to other siting requirements, when located in or abutting zoning districts other than residential, towers, antenna arrays or support structures shall meet the setback requirements for principal structures of the underlying zone in which they are located or against which they abut. Guy wires and support devices other than the supporting structure shall maintain a minimum setback of twenty (20) feet from any property line, or the minimum setback for the zoning classification, whichever is greater.

(iii)

Accessory facilities and structures other than towers and support structures must satisfy the minimum zoning district setback requirements.

c.

Landscaping and aesthetics.

1.

Existing mature tree growth and natural landform on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antenna or inhibits access to the equipment storage may be trimmed. Any trees in excess of six (6) inches in diameter which are to be cut must be indicated on the site plan.

2.

Towers shall be designed so as to be compatible with the existing structures and surroundings to the extent feasible. Such requirements shall not interfere with normal functioning of the tower or antenna array and may include the use of compatible or neutral colors, or stealth technology.

3.

If the base of a tower is visible from neighboring residences, the base of the tower shall be screened by privacy fencing or landscaping as appropriate to the context of the site and in harmony with the character of the surrounding environment.

4.

Access roads or driveways installed to access the tower site and base shall be improved to the standards set forth in article V, division 2, section 29-159(a) of this chapter.

d.

Lighting.

1.

Towers shall not be artificially illuminated, directly or indirectly, except as may be required by state or federal law or other applicable authority. It shall be the owner's responsibility to meet FAA lighting requirements, if necessary. If artificial lighting is required, the lighting design and intensity chosen should be that which complies with the applicable guidelines, yet causes the least disturbance to the surrounding and nearby properties.

2.

Security lighting or motion-activated lighting may be used around the base of a tower and within the telecommunication facility, provided that the lighting is shielded in such a way that no light is directed towards adjacent properties or rights-of-way.

3.

The tower shall not display any signage or message of a commercial nature except for an inconspicuous message containing provider identification and emergency telephone numbers.

e.

Security fencing. Towers shall be enclosed by a security fence not less than six (6) feet. Fencing must be constructed in accordance with the zoning ordinance.

(Ord. No. 5880, § 1, 5-1-00; Ord. No. 6617, § 1, 2-19-19)

Agreements accompanying a request for new supporting structures or attached antenna arrays shall include the following to be executed with the city:

(a)

Any tower whose use is discontinued shall be removed by the owner, and shall be reported to the city immediately. All discontinued facilities shall be removed within six (6) months and the site restored to its original condition, all at the owner's expense.

(b)

Any discontinued tower not removed within six (6) months may be removed by the city at the owner's expense.

(Ord. No. 5880, § 1, 5-1-00; Ord. No. 6617, § 1, 2-19-19)

Assessments of environmental impact are required by federal law to be prepared by personal wireless service carriers when facilities are located in officially designated wilderness or wildlife areas, threaten endangered species or critical habitats, affect historic sites or structures, located in floodplains, or significantly change a surface area involving wetlands, deforestation, or water diversions. Since these assessments are already required by federal law, these provisions are incorporated into this chapter.

(Ord. No. 5880, § 1, 5-1-00; Ord. No. 6617, § 1, 2-19-19)

The City of Pine Bluff shall complete review of any properly submitted TUP within forty-five (45) days of the filing of the application unless a request for extension is filed by the applicant or unless the TUP is incomplete as submitted.

(Ord. No. 5880, § 1, 5-1-00)

A TUP may be assigned or sold. All subsequent owners of assignees of a TUP shall be governed by the city regulations in effect at the time the TUP was approved, any amendments to these regulations that may affect the previously approved TUP, and any conditions placed upon the TUP prior to approval.

(Ord. No. 5880, § 1, 5-1-00)

Administration and enforcement shall be as set forth in article II of this chapter.

(Ord. No. 5880, § 1, 5-1-00)

Procedures for appeals and variances can be found in the zoning ordinance.

(Ord. No. 5880, § 1, 5-1-00)

(a)

An applicant seeking to co-locate a small wireless facility; to install, modify, or replace a utility pole for the co-location of a small wireless facility in the public right-of-way shall file an application for a minor WCF permit.

(b)

Fees. The following fee schedule establishes the fees and an annual payment or lease of city rights-of-way for small wireless facilities as follows:

(1)

Application fees. Unless otherwise provided by law, all applications for minor WCF permits for small wireless facilities pursuant to this chapter shall be accompanied by a fee for actual, direct, and reasonable costs incurred by the city related to processing the application but shall not exceed five hundred dollars ($500.00) each for up to five (5) small wireless facilities addressed in the application and one hundred dollars ($100.00) for each additional small wireless facility (maximum of ten (10) per application).

(2)

Use of right-of-way city property rental rates. A wireless provider authorized to place small wireless facilities in the rights-of-way shall pay to the city compensation for use of the rights-of-way in the amount of two hundred seventy dollars ($270.00) annually per small wireless facility, with no additional fee for each small wireless facility placed on a city-owned utility pole or other structure.

(3)

A wireless provider is authorized to remove its facilities at any time from the rights-of-way and cease paying the city compensation for use of the rights-of-way as of the next due date for payment following the removal.

(c)

Approval under this chapter shall not be required for: (1) routine maintenance of wireless facilities; (2) the replacement of a small wireless facility with another small wireless facility that is the same, substantially similar or smaller in size, weight, and height; (3) addition of equipment that will not change the appearance or weight of the existing small wireless facility.

(d)

Nothing in this chapter is intended to supersede or conflict with applications for eligible facilities requests according to the procedures established under 47 CFR 1.40001(c).

(e)

The city may only deny a proposed co-location of a small wireless facility or a proposed installation, modification, or replacement of a utility pole for the co-location of a small wireless facility that meets the requirements in subsection (f) if the proposed small wireless facility:

(1)

Materially and demonstrably interferes with the safe operation of traffic control equipment;

(2)

Materially and demonstrably interferes with sight lines or clear zones for transportation or pedestrians;

(3)

Materially and demonstrably interferes with the Americans with Disabilities Act or similar federal or state standard regarding pedestrian access or movement;

(4)

Fails to comply with generally-applicable health and safety codes; or,

(5)

Does not comply with the provisions of this section.

(f)

Small wireless facilities, and new or modified utility poles for the co-location of small wireless facilities may be placed in the rights-of-way as a permitted use subject to the following requirements:

(1)

Maximum height of permit use. Each new or modified utility pole installed in the rights-of-way shall not be less than fourteen (14) feet in height, nor exceed the greater of:

a.

Ten (10) feet in height above the tallest existing utility pole in the rights-of-way in place as of the effective date of this section located within five hundred (500) feet of the new pole in the same rights-of-way; or,

b.

Fifty (50) feet above ground level.

(2)

New small wireless facilities in the rights-of-way shall not be less than fourteen (14) feet above ground level, nor extend:

a.

More than ten (10) feet above an existing utility pole in the rights-of-way in place as of the effective date of this section; or

b.

The height for a new utility pole under subsection (f)(1); or

c.

Such greater height as authorized under applicable federal law.

(3)

Decorative poles. A wireless provider shall be permitted to replace a decorative pole when necessary to co-locate a small wireless facility, but any replacement pole shall reasonably conform to the design aesthetics of the decorative pole being replaced.

(4)

Underground districts. Applicant shall comply with nondiscriminatory undergrounding district designations, provided such requirements to not prohibit a wireless provider from co-locating on or replacing existing vertical infrastructure subject to the requirements of that district. The wireless provider is permitted to seek a waiver of undergrounding requirements for the placement of a new utility pole to support small wireless facilities.

(5)

Historic districts. The city may require reasonable, technically feasible, nondiscriminatory and technologically-neutral design or concealment measures in a historic district. Any such design or concealment measures may not limit a wireless provider's ability to provide wireless services; nor may any such measure be considered part of the small wireless facility for purposes of the size restriction in the definition of small wireless facility.

(g)

Right to occupy. Once a wireless provider has installed small wireless facilities pursuant to an approval pursuant to this division, the wireless provider shall be permitted to continue to maintain such small wireless facilities unless required to remove or relocate under this division or state law.

(h)

No interference. The city will not grant a permit or other authority for installation of small wireless facilities if the city knows or has reason to know that the proposed installation may in any way interfere with the use and operation of an existing and operational small wireless facility for which the city has previously issued a permit.

(Ord. No. 6617, § 2, 2-19-19)

(a)

Annual rate. The rate to place a small wireless facility on a city-owned pole in the right-of-way shall be included in the two hundred seventy dollar ($270.00) annual fee specified in section 29-191(b)(3). Such compensation shall be the sole compensation that the wireless provider shall be required to pay the city.

(b)

Cease payment. A wireless provider is authorized to remove its facilities at any time from a city-owned pole in the rights-of-way and cease paying the annual rate to the city.

(c)

Make-ready. For city-owned utility poles in the rights-of-way, the city shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested small wireless facility, including pole replacement if necessary, within thirty (30) days after approval of a minor wireless communication facilities permit under this division. Upon receipt of the good faith estimate, the wireless provider may, at its option, agree in writing to the city's good faith estimate or elect in writing to perform and coordinate make-ready work at its own expense. Make-ready work including any pole replacement shall be completed within sixty (60) days of the wireless provider's written agreement or election.

(d)

Exclusive use prohibited. The city may not enter into an exclusive arrangement with any person for the right to attach to city-owned poles.

(Ord. No. 6617, § 2, 2-19-19)

Notwithstanding any other provision of this chapter, the city may not deny, and shall approve, applications for eligible facilities requests pursuant to 47 U.S.C. § 1455(a), within sixty (60) days according to the procedures established under 47 CFR 1.40001(c). If the city fails to act on an eligible facilities request within this review timeframe, the application will be deemed granted upon the applicant providing notice to the city that the application has been deemed granted.

(Ord. No. 6617, § 2, 2-19-19)