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South Ogden City Zoning Code

CHAPTER 20

WIRELESS TELECOMMUNICATIONS EQUIPMENT

10-20-1: Application Of Commercial And Residential Requirements In Form-Based Code Subdistricts

Edge and Gateway Edge Subdistricts should be considered residential when applying wireless communication equipment requirements. All other form-based code subdistricts should be considered commercial when applying the requirements. (Ord. 17-27, 12-19-2017, eff. 12-19-2017)

10-20-2: Commercial Districts

Wireless telecommunication equipment may be allowed with the following requirements:

  1. Wall Mounted Antennas: Wall mounted antennas are permitted in the commercial zones. Wall mounted antennas must comply with the following criteria:
    1. Wall mounted antennas shall not extend above the roof line of the building more than four feet (4').
    2. Antennas and all associated equipment shall be galvanized, powder coated, or have another similar suitable finish to match the color of the building infrastructure or surrounding area.
    3. Wall mounted antennas may have a maximum area of five percent (5%) of the wall area of each side elevation of the building. Area of a penthouse wall shall be included in the wall area of the building. The area of the antennas is determined by drawing straight lines between the outermost portions of the antennas until enclosed.
    4. All equipment associated with the use must be screened by a view obstructing structure and located a minimum of ten feet (10') from the edge of the building wall.
    5. If the associated equipment is located on the ground, it must be landscaped to be compatible with the surrounding area and approved by staff.
    6. Any appeals from a decision by the staff shall be to the Hearing Officer and must be in writing, filed within fourteen (14) days of the written staff decision.
  2. Roof Mounted Antennas: Roof mounted antennas are permitted in the commercial zones. The following provisions and any applicable provisions in subsection A of this section shall apply to roof mounted antennas:
    1. Pitched-roof mounted antennas:
      1. The antenna will be mounted on the roof of a building such that the roof will obstruct the view of the antenna from the front of the building as seen from the front property line.
      2. The antenna will be less visible from the ground level than the typical antenna mounted on a flat roof.
      3. Disagreements to staff decisions may be appealed to the Hearing Officer.
    2. Flat-roof mounted antennas must be set back from the building edge one foot (1') for every one foot (1') of antenna height to a maximum of fifteen feet (15').
  3. Monopole Towers: Monopole towers are allowed in commercial districts as a conditional use. Towers must comply with all requirements set forth in subsection 10-20-3C of this chapter.
  4. Collocation On Existing Monopole Towers: Collocation on existing monopole towers is a permitted use in commercial zones. However, if the compound area needs to be expanded to handle additional equipment, then the expansion must comply with all of the existing conditions of approval.
  5. Pole-Mounted Small Cellular Antennas: Small cellular (DAS) antenna poles may be allowed as conditional uses. Any applicable criteria in subsections A, B and C of this section, as well as the following criteria, shall apply to small cell towers and facilities:
    1. All small cellular (DAS) antenna poles must be of a monopole construction. No lattice constructed towers of any kind shall be allowed.
    2. The height of small cell wireless support structures shall not exceed thirty feet (30') unless otherwise approved by the Planning Commission. Evidence documenting the need for exceptions to the height limitation should be indicated in the application.
    3. No more than sixteen (16) small cell wireless poles or similar equipment on similar types of wireless support structures shall be permitted within a two-mile radius. However, if a master cell site plan is presented by industry representatives and approved by the Planning Commission and City Council, this requirement may be waived.
    4. Collocation on an existing small cell pole structure is a permitted use and is handled administratively.
    5. The agent must supply the City with a letter stating that if technology renders the pole obsolete and it is vacated, the agent will remove the pole, all other apparatus associated with it, and restore the site to its original condition within ninety (90) days of vacation.
    6. Antennas and all associated equipment shall be sited, designed and galvanized, powder coated, or have another similar suitable finish so as to be non-rusting and durable. They shall also be maintained by the owner to ensure they remain durable and harmonious with the surrounding area.
    7. Any appeals from a decision by the Planning Commission shall be to the Hearing Officer and must be in writing, filed within fourteen (14) days of the written Planning Commission decision. (Ord. 17-27, 12-19-2017, eff. 12-19-2017)

10-20-3: Residential Districts

Wireless telecommunication equipment may be allowed with the following requirements:

  1. Wall Mounted Antennas: Wall mounted antennas are conditional in residential zones at institutional uses such as City buildings, hospitals, churches, Post Offices, schools, etc. Wall mounted antennas must comply with the following criteria:
    1. Wall mounted antennas shall not extend above the roof line of the building more than four feet (4').
    2. Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.
    3. Wall mounted antennas may have a maximum area of five percent (5%) of the wall area of each side elevation of the building. Area of a penthouse wall shall be included in the wall area of the building. The area of the antennas is determined by drawing straight lines between the outermost portions of the antennas until enclosed.
    4. All equipment associated with the use must be screened by a view obstructing structure.
    5. If the associated equipment is located on the ground, it must be landscaped to be compatible with the surrounding area and approved by staff.
    6. Any appeals from a decision by the Planning Commission shall be to the Hearing Officer and must be in writing, filed within fourteen (14) days of the written Planning Commission decision.
  2. Roof Mounted Antennas: Roof mounted antennas are conditional in residential zones and institutional uses such as City buildings, hospitals, Post Offices, schools, churches, etc. The following provisions and any applicable provisions in subsection A of this section shall apply to roof mounted antennas:
    1. Pitched-Roof Mounted Antennas:
      1. The antenna will be mounted on the roof of a building such that the building will obstruct the view of the antenna from the front of the building as seen from the front property line.
      2. The antenna will be less visible from the ground level than the typical antenna mounted on a flat roof.
    2. Flat-Roof Antennas: Flat-roof antennas must be set back from the building edge one foot (1') for every one foot (1') of antenna height to a maximum of fifteen feet (15').
    3. Appeals In Writing: Any appeals from a decision by the Planning Commission shall be to the Hearing Officer and must be in writing, filed within fourteen (14) days of the written Planning Commission decision.
  3. Monopole Structures: Monopole towers may be allowed as conditional uses. Any applicable criteria in subsections A and B of this section, as well as the following criteria, shall apply to monopole structures:
    1. All towers must be of a monopole construction. No lattice constructed towers of any kind shall be allowed.
    2. All towers must allow for collocation and supply engineering calculations by a State certified engineer that will allow for as many as three (3) separate users on a single pole. A letter must also be supplied stating that the owners of the tower will allow for collocation and that the structure has been constructed to allow for this.
    3. No tower may be located within a one-mile radius to another tower until supporting documentation is supplied by an independent consultant stating that collocation will create a hardship. However, if a master cell site plan is presented by industry representatives and approved by the Planning Commission and City Council, the one-mile radius does not apply.
    4. Collocation on an existing monopole structure is a permitted use and is handled administratively.
    5. The agent must supply the City with a letter stating that if technology renders the tower obsolete and the tower is vacated, the agent will remove the tower, all other apparatus associated with it, the top three feet (3') of the footing and restore the site to its original condition within ninety (90) days of vacating the tower.
    6. Antennas and all associated equipment shall be galvanized, powder coated, or have another similar suitable finish so as to be non-rusting and durable. They shall also be maintained by the owner to ensure they remain durable and harmonious with the surrounding area.
    7. Any appeals from a decision by the Planning Commission shall be to the Hearing Officer and must be in writing, filed within fourteen (14) days of the written Planning Commission decision.
  4. Pole-Mounted Small Cellular Antennas: Small cellular (DAS) antenna poles may be allowed as conditional uses. Any applicable criteria in subsections A, B and C of this section, as well as the following criteria, shall apply to small cell towers and facilities:
    1. All small cellular (DAS) antenna poles must be of a monopole construction. No lattice constructed poles of any kind shall be allowed.
    2. The height of small cell wireless support structures shall not exceed thirty feet (30') unless otherwise approved by the Planning Commission. Evidence documenting the need for exceptions to the height limitation should be indicated in the application.
    3. No more than sixteen (16) small cell wireless poles or similar equipment on similar types of wireless support structures shall be permitted within a two-mile radius. However, if a master cell site plan is presented by industry representatives and approved by the Planning Commission and City Council, this requirement may be waived.
    4. Collocation on an existing small cell pole structure is a permitted use and is handled administratively.
    5. The agent must supply the City with a letter stating that if technology renders the pole obsolete and it is vacated, the agent will remove the pole, all other apparatus associated with it, and restore the site to its original condition within ninety (90) days of vacation.
    6. Antennas and all associated equipment shall be sited, designed and galvanized, powder coated, or have another similar suitable finish so as to be non-rusting and durable. They shall also be maintained by the owner to ensure they remain durable and harmonious with the surrounding area.
    7. Any appeals from a decision by the Planning Commission shall be to the Hearing Officer and must be in writing, filed within fourteen (14) days of the written Planning Commission decision.
  5. Additional Criteria: The additional following criteria may be addressed for approval of electronic communication equipment in residential zones:
    1. Whether collocation of the antenna on existing structures in the same vicinity, such as, towers, buildings, water towers, standalone poles, utility poles, athletic field lights, parking lot light poles, etc., is feasible without impacting neighboring uses.
    2. Whether the location of the antenna in relation to existing vegetation, topography, buildings, residential uses and zoning districts is acceptable.
    3. Whether there are any negative impacts associated with the use that must be mitigated through screening, height limits, pole or tower design, specifying construction materials and colors, etc. (Ord. 17-27, 12-19-2017, eff. 12-19-2017)

10-20-4: Business License Required

All approved locations shall obtain an annual business license from the City. (Ord. 17-27, 12-19-2017, eff. 12-19-2017)