Southern View City Zoning Code
WIRELESS TELECOMMUNICATION
FACILITIES, ANTENNAS, MONOPLES, TOWERS AND SATELLITE DISHES
§ 154.070 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BENEFICIAL INTEREST. Any interest, regardless of how small or minimal such interest may be, in a land trust, held by a trustee for the benefit of beneficiaries of such land trust.
CO-LOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
COMMERCIAL. A use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form or the right to occupy space over any period of time.
HEIGHT. The vertical measurement from an identified base such as the ground or roof to the vertical apex of the measured wireless telecommunications antenna, tower or satellite dish.
LATTICE TOWER. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
PERSONAL WIRELESS FACILITIES. A transmitter/receiver, antenna structure and other types of installation used for the provision of personal wireless services.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services; facilities for the provision of personal wireless services.
TELECOMMUNICATION. The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
WIRELESS TELECOMMUNICATIONS ANTENNA. A physical device through which electromagnetic, wireless communications signals authorized by the Federal Communication Commission are transmitted or received.
WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. The structure in which the electronic receiving and relaying equipment for a wireless communications facility is housed.
WIRELESS TELECOMMUNICATIONS FACILITY. A facility consisting of the equipment and structures involved in receiving, relaying and transmitting voice, video or data signals by means of electrical or electromagnetic systems.
WIRELESS TELECOMMUNICATIONS TOWER. A dedicated structure intended to support equipment used to transmit and/receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
ZONING TRUSTEE. The member of the Board of Trustees designated to review matters to which this chapter applies.
(Prior Code, § 154.070) (Ord. 2000-03-01, passed 3-13-2000)
§ 154.071 PURPOSE AND GOALS.
(A) The purpose of this subchapter is to establish requirements for the siting of towers and antennas.
(B) The goals of this subchapter are to:
(1) Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the village;
(2) Encourage the joint use of new and existing tower sites;
(3) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the village is minimal;
(4) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;
(5) Enhance the ability of the providers of telecommunication services to provide such services to the village;
(6) Encourage the use of suitable public sites and structures for wireless antenna location; and
(7) Comply with the Federal Telecommunications Act of 1996.
(Prior Code, § 154.071) (Ord. 2000-03-01, passed 3-13-2000)
§ 154.072 EXEMPTIONS.
The following are considered exempt telecommunication facilities and are not covered by this subchapter when erected as an accessory structure:
(A) Satellite dish antennas less than one meter in diameter in residential districts and less than two meters in diameter in non-residential districts including direct-to-home satellite services; and
(B) A single ground or building mounted radio or television antenna including any mast on which the radio or television antenna is located for the sole use of the tenant or owner occupying a residential parcel, with an antenna height not exceeding height limitations by more than ten feet.
(Prior Code, § 154.072) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999
§ 154.073 APPLICABILITY.
The requirements of this subchapter will govern the siting, operation and maintenance of antennas and towers.
(A) All new antennas and/or tower placements within the village will be required to obtain an antenna and/or tower use permit and shall be subject to this subchapter, except as provided herein.
(B) Telecommunications facilities shall be located and co-located on suitable village-owned property, subject to administrative approval and provided that the operation of said facilities will not disrupt normal public communications or operations.
(Prior Code, § 154.073) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999
§ 154.074 GENERAL REGULATIONS.
(A) Any wireless telecommunications facility, antenna, monopole, tower or satellite dish not expressly permitted by this chapter is prohibited in the village. All wireless telecommunications facilities, antennas, monopoles, towers and satellite dishes must comply with all applicable codes. This subchapter does not apply to wireless facilities used by amateur (HAM) radio operators licensed by the Federal Communication Commission.
(B) This subchapter applies to radio and television transmission facilities, cellular telephone facilities and personal wireless facilities.
(C) A wireless telecommunications antenna, monopole, tower or satellite dish may constitute an accessory use on a lot containing a principal use.
(Prior Code, § 154.074) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999
§ 154.075 USE REGULATIONS.
For R-1 Residential District and C-1 and C-2 Commercial Districts, the following regulations apply:
(A) Commercial wireless telecommunications towers with a 125-foot height limit are allowed with administrative review;
(B) Building mounted wireless telecommunications antennas are allowed with administrative review; and
(C) Co-location commercial wireless telecommunications monopoles with a 150-foot height limit are allowed with administrative review.
(Prior Code, § 154.075) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999
§ 154.076 BULK REGULATIONS.
(A) All structures, principal and accessory, located at a wireless telecommunications facility shall meet the required front yard and rear yard setbacks of the underlying zoning district, except when the underlying lot borders a lot with a residence, the setback from the residence shall be equal to the height of the tower.
(B) The required side yard setbacks for all monopoles and lattice towers at a commercial wireless telecommunications facility shall be one-half the required front yard when adjoining an equal or more intensely zoned district and the same as the front yard setback when adjoining a less intensely zoned district. On corner lots, the required side street side yard setback shall be the same as the required front yard.
(C) All commercial wireless communication equipment shelters shall meet the side yard setbacks of the underlying district. Commercial wireless communication equipment shelters are limited to 18 feet in height.
(Prior Code, § 154.076) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999
§ 154.077 PARKING REQUIREMENTS.
§ 154.078 LANDSCAPING AND AESTHETIC REQUIREMENTS.
(A) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(B) All structures located at a commercial wireless telecommunications facility shall be architecturally designed to blend in with the surrounding environment. All structures shall be constructed out of a non-reflective material.
(C) All traffic and parking areas located at a wireless telecommunications facility shall be effectively screened on each side adjoining an equal or less intensely zoned property with a six foot opaque fence. Any fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure. No fence may be electrified.
(D) Security fencing may be constructed around the base of the tower. Buffer evergreen plantings shall be located around the perimeter of the security fence consisting of either a hedge planted three feet on center maximum or a row of evergreen trees planted five feet on center maximum.
(E) Security lighting at a commercial wireless telecommunications facility shall be arranged so as not to reflect rays of light into adjacent districts and streets. Wireless telecommunication towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration and the Federal Communications Commission or other federal or state authority for a particular site.
(F) Advertising of any type is prohibited at wireless telecommunications facilities.
(G) Antennas, monopoles, towers and satellite dishes shall be painted in a way that matches the typical sky color in that location or a color minimizing its visibility unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration. These structures should include anti-climbing measures to reduce potential for trespass and injury.
(Prior Code, § 154.078) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999
§ 154.079 ADMINISTRATIVE REVIEW.
(A) This procedure has been developed to permit certain building mounted antennas in certain zoning districts to be approved by the Zoning Trustee, or his or her designee, when such antennas meet established standards set forth in this subchapter.
(B) Upon receiving an application for an antenna for administrative approval, the Zoning Trustee, or his or her designee, shall process the application to determine its conformity with the application standards. If the antenna and its structure meets the standards, a building permit application may be applied for. Approval of the administrative review does not ensure issuance of the building permit. If the antenna or its structure does not meet the standards, the permit shall be denied. The Zoning Trustee’s denial may be appealed to the Zoning Board of Appeals, pursuant to § 154.096. Action on application shall take place within a reasonable amount of time. Approval or denial of application shall be in writing.
(C) The standards for application review by the Zoning Board shall be as follows.
(1) The request for administrative review shall be in writing, in petition format, signed by the applicant or a legal representative and include the legal description and common address, a site plan and an elevation drawing.
(2) The applicant shall be the owner of the property or have beneficial interest in the property.
(3) The request for administrative review shall include two sets of sealed plans from a structural engineer or architect.
(4) Photos of similar, previously constructed antennas shall be included with the request.
(D) The standards for approval by the Zoning Board shall be as follows.
(1) The proposed location, design and method of operation of such antenna will not have a detrimental effect on the surrounding properties.
(2) All construction shall conform to the best standards for safety and meet the current building code of the village.
(3) All antennas and their structures shall be architecturally designed to blend with the surrounding environment to minimize visibility. Antennas and their structures shall be constructed of a non-reflective material.
(E) The Zoning Trustee is explicitly authorized, at his or her discretion, to employ on behalf of the village an independent technical expert to review any technical materials submitted, including, but not limited to, those required under this subchapter and shall pay all the reasonable costs of said review, including any administrative costs incurred by the village. Any proprietary information disclosed to the village or the expert hired shall remain confidential and shall not be disclosed to any third-party.
(F) The Zoning Trustee may revoke a use granted with administrative approval upon giving the owner and any interested persons who applied for the use at least ten days’
(1) The owner or interested person applying for the approval has knowingly furnished false or misleading information or withheld relevant information on any application;
(2) The owner, his or her agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of this chapter required to obtain the facility, antenna, tower or satellite dish with administrative approval, or that the property no longer complies with the standards necessary to obtain such device with administrative approval; and
(3) The property has become a nuisance.
(G) The property owner shall be responsible for the acts of his or her agents, employees, officers, tenants, licensees and occupants.
(H) A property shall be considered a nuisance when any of the following shall occur:
(1) The antenna or its structure, in the opinion of the Building Inspector, becomes structurally unsound, unsafe or dangerous; and
(2) The antenna interferes with the reception of other legal pre-existing antennas in the area.
(Prior Code, § 154.079) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999
§ 154.080 CONDITIONAL PERMITTED USE.
(A) Application requirements include the following:
(1) Site plan drawn to scale showing principal and accessory structures, with elevations;
(2) Proposed traffic plan, including ingress, egress, parking, circulation and surfaced areas;
(3) Proposed screening, fencing, landscaping and aesthetics features;
(4) Proof of approval or compliance with FAA standards;
(5) Proof of approval or compliance with FCC standards; and
(6) Proof of co-location, contracts, agreements or statement that petitioner will allow co-location and the like.
(B) The Zoning Board may permit commercial wireless telecommunications facilities, antennas, towers or satellite dishes provided that the following special findings are made:
(1) The telecommunications facility, antenna, tower or satellite dish will conform to the established standards for safety in construction;
(2) The proposed location, design and method of operation of such antenna will not have a detrimental effect on the surrounding properties;
(3) All antennas and their structures shall be architecturally designed to blend with the surrounding environment to minimize visibility;
(4) All landscaping and aesthetic requirements have been met; and
(5) All applications requirements have been met.
(C) A request for a conditional permitted use to allow a commercial wireless telecommunications facility, antenna, tower or satellite dish shall be processed in the same manner as appeals under this subchapter.
(Prior Code, § 154.080) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999
§ 154.081 LEGAL NON-COMPLYING STRUCTURES.
(A) The use of a non-complying structure may be continued, except as otherwise provided in this subchapter.
(B) If a non-complying structure is destroyed or damaged by any means, it may be reconstructed as it existed prior to the destruction or damage; provided that the reconstruction does not create a new compliance of any structure as it previously existed.
(C) A non-complying structure may be enlarged, provided that no enlargement is permitted which would either create a new non-compliance or increase the degree of non-compliance of the structure or any portion thereof.
(D) Normal maintenance, repairs or structural alterations are permitted in a non-complying structure, except that alterations creating enlargements are subject to division (C) above.
(Prior Code, § 154.081) (Ord. 2000-03-01, passed 3-13-2000)
§ 154.082 TERMINATION OF USE.
Any antenna, tower or satellite dish that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna, tower or satellite dish shall remove the same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna, tower or satellite dish is not removed within said 90 days, the governing authority may remove such antenna, tower or satellite dish at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Prior Code, § 154.082) (Ord. 2000-03-01, passed 3-13-2000)