West Point City Zoning Code
17.90 Telecommunications
17.90.010 Purpose.
The purpose of this chapter is to address planning issues resulting from the rapid growth and demand for low power radio services. This chapter distinguishes low power radio from other broadcasting-type telecommunications technologies and establishes provisions relating to demand, visual mitigation, noise, engineering, residential impact, health, safety and facility placement. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.020 Conditional uses.
All conditional uses shall be processed under Chapter 17.40 WPCC.
A. Lattice or monopole towers in PO, all C zones and the R/IP zone.
B. Monopole towers on public property in all residential zones.
C. Roof-mounted or wall-mounted antennas in PO, all C zones and the R/IP zone.
D. Towers that use a generator in all PO, all C zones and the R/IP zone.
E. Roof-mounted antennas for commercial providers and business users in the PO, all C zones and the R/IP zone. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.030 Yard requirements.
A. All telecommunications towers shall be located on the lot so that the distance from the base of the tower to any adjoining residential zone or any residential structure is a minimum of 100 percent of the proposed tower height with an additional 10-foot buffer. The total distance of the tower base from the residential zone or structure shall be no less than 100 percent of the tower height plus 10 feet. Towers that use generators shall at no time have an acoustic reading that exceeds 65 decibels (reference: U.S. EPA (1974) 11.4 and 24 CFR 51 Housing and Urban Development).
B. No towers shall be permitted in the required front yard in any zone and shall not be located in a required landscape area or required parking area. Towers located on vacant lots shall have a minimum front yard setback of 25 feet in all zones. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.040 Wall-mounted antennas.
Wall-mounted antennas may not extend above the wall line of the building or extend more than four feet horizontally from the face of the building. The supporting structure and equipment shall be painted to match the color of the building or structure or the background against which they are most commonly seen. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.050 Roof-mounted antennas.
The support structure for roof-mounted antennas may not extend more than 25 feet above the highest point of the roof. The antenna may not extend more than 15 feet above the support structure. Support structures extending less than 25 feet above the highest point of the roof, plus the mounted antenna length, may not exceed 40 feet above the highest point of the roof. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.060 Whip antennas.
Flexible whip antennas are not allowed in any zone. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.070 Review requirements for lattice and monopole towers.
Along with the general review conditional use standards in Chapter 17.40 WPCC the following shall be considered by the planning commission:
A. Compatibility with height of structures on surrounding parcels.
B. Height of the tower structure should be designed for operational purposes yet also with a consideration of the impact on the structures or buildings in the surrounding neighborhood.
C. Collocation. Consideration of whether collocation of the antenna on other structures in the same vicinity such as other towers, buildings, water towers, and utility poles, etc., is possible without significantly impacting antenna transmission or reception.
D. Lighting and Security. Any lighting on towers shall meet FAA and FCC requirements. When lighting is required and permitted by the FAA or any other federal or state authority, it shall be oriented inward and down directed so as not to project onto surrounding property. All towers shall be enclosed by a six-foot chain link or opaque fence. All climbing pegs shall be removed from the lower 20 feet of the tower. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.080 Accessory buildings.
Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zone in which they are located and require a building permit if more than 200 square feet in size. All storage of equipment and materials must be inside an enclosed building. Storage in open areas shall not be permitted. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.090 Structural integrity and inspections.
All new towers and any modifications to existing towers shall be certified by a licensed engineer according to structural standards for antenna towers of the Electronic Industries Association (EIA). The city may require periodic inspections of telecommunications towers to ensure structural integrity. The inspections shall be conducted by a licensed engineer, and based upon the results of an inspection, the city may require repair or removal of a telecommunications tower. The expense of the inspection and/or removal of the tower shall be the responsibility of the tower owner. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.100 Nonmaintained, abandoned, or obsolete facilities.
A. When a facility has not been repaired or used by the owner, the person having control of, or the person receiving benefit of the structure for a period of 30 days, it will be considered abandoned by the community development director or designee. Within 60 days after notice of abandonment is given to the owner, the person having control of, or the person receiving benefit of, the facility, the antenna, the tower, all support structures, and no less than the top three feet of footing must be removed by the owner of the tower.
B. If the tower is not removed after the conclusion of the 60-day notice of abandonment period, the community development director or designee is hereby authorized to cause the tower and accompanying structures deemed abandoned to be removed forthwith at the expense of the owner, agent, or person owning the facility. The city shall have the right to collect such costs as provided for in Title 10, Chapter 11, Utah Code Annotated 1953, as amended.
C. Obsolete antennas, towers and other equipment at the facility must be updated when it is financially feasible by the owner, the person having control of, or the person receiving benefit of the facility. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.110 Amateur radio facilities, towers and equipment.
Amateur radio facilities are governed by restrictions provided by the Federal Communications Commission (FCC). [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.120 Access to facility.
All telecommunications tower facilities must have reasonable access and fulfill all easement requirements necessary for construction, repair, or necessary access to the facility. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.130 Building permits.
A building permit shall be required for the construction or siting of all commercial or business use towers. [Ord. 08-17-2021B § 2 (Exh. A)].
17.90.140 Denial of request to install or construct.
Any application for construction of a wireless communication tower that is denied by any official of the city, the planning commission, or the West Point City council must be in writing and must be based on evidence with a written record of proceedings. Denial may not be based upon the grounds that radio frequency emissions from the facilities will be harmful to the environment or health of residents. FCC standards govern this application. [Ord. 08-17-2021B § 2 (Exh. A)].