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HomeMy WebLinkAboutOrdinance 30-2004 ORDINANCE NO.30-04 AN ORDINANCE AMENDING CHAPTER 94,ZONING, OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING TO WIRELESS COMMUNICATION FACILITIES FOR PURPOSES OF ADMINSTRATION OF THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA THAT ARTICLES V AND VI OF CHAPTER 94 SHALL BE AMENDED AS FOLLOWS: I. Article V. Conditional Uses Division 3. Standards Sec. 94-301.4 Telecommunication Tower: Such uses shall be sited to minimize the visual impact on surrounding uses. The ability to provide stealth design elements and adequately screen the tower base and equipment facilities from any residential buildings shall be given special consideration. Co-location is important in minimizing the visual presence of towers within the community. Therefore, construction of any new tower shall have the capacity to accommodate more than one provider. A tower designed to accommodate up to three providers shall be allowed a maximum height of 120 feet. A tower designed for up to two providers shall be allowed a maximum height of 100 feet. II. Article VI. Supplemental Regulations Division 3. Yard Requirements Sec. 94-396 Wireless Communication Facilities The purpose of this section is to establish regulations and performance standards for the siting of Wireless Communication Facilities (WCFs) in a manner that will protect the public's health, safety, and welfare and maintain the aesthetic integrity of the community. (1)Permit required: An application for a building permit is required prior to the construction of any WCF. Compliance with all applicable building codes, Federal Aviation Administration Regulations and Section 94-164 shall be achieved before a permit will be issued. (2)Definitions: The following definitions shall apply: ORDINANCE NO. 30-04 S:\City of Brookings\Cityhall\City Clerk\ORDINANCES\Ord2004\30-04.doc 1 AN ORDINANCE AMENDING CHAPTER 94, ZONING, OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING TO WIRELESS COMMUNICATION FACILITIES FOR PURPOSES OF ADMINISTRATION OF THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA THAT ARTICLES V AND VI OF CHAPTER 94 SHALL BE AMENDED AS FOLLOWS: Amateur Radio Operator Tower: A structure used for the transmission,broadcast or reception of amateur radio or citizen band signals. Antenna: Any device that radiates or captures electromagnetic wave signals including digital and analog voice and data signals or video or microwave signals. Antenna Support Structure: An existing building or structure such as, but not limited to, utility poles, signs, elevated water tanks and steeples that supports wireless communications facilities. Broadcast Tower: A structure for the transmission of radio or television broadcast communications. This term does not include offices or studios. Co-Location/Site Sharing: Use of an antenna support structure or telecommunications tower by two or more wireless license holders or by one wireless license holder for more than one type of communication. This includes the placement of a WCF on a structure owned and operated by a public utility. Equipment Facility: A structure used to contain ancillary equipment for a WCF such as cables,wires, lines, cabinets,pedestals and similar devices. Height: The distance measured from the original grade to the highest point on the WCF, including the antenna(s). Stealth: The ability of freestanding telecommunication towers to blend into the neighborhood environment at a given location and the ability to camouflage or conceal the presence of wireless communication facilities when attached to antenna support structures. Telecommunications Tower: A self-supporting structure designed and constructed specifically to support antenna(s) and may include a lattice, guyed-lattice, monopole or similar structure. This term does not include towers attached to existing buildings or structures. Temporary WCF: A WCF that is placed in service for less than 180 days. Wireless Communications Facilities: Any cables, wires, lines, antennas, antenna arrays, shelters, towers or other equipment associated with the transmission or reception of telecommunication signals. S:\City of Brookings\Cityhall\City Clerk\ORDINANCES\Ord2004\30-04.doc 2 (3) Siting and Co-location Criteria: The siting and co-location of all WCFs shall be subject to the following criteria before consideration will be given to a new site: a. WCFs shall be located on existing antenna support structures such as utility poles, light poles, signs, elevated water tanks,buildings and other WCFs; or b. WCFs shall co-locate or site share on existing telecommunication towers; or c. WCFs shall consider the use of public property and structures. d. If an applicant has shown a good faith effort to co-locate but has found it to be infeasible, a written statement indicating the reasons why the project is not feasible shall be provided. e. In residential districts, WCFs shall be restricted to public parks, schools and athletic fields, and churches. Co-location requirements for a telecommunication tower in a residential district shall be determined through the Conditional Use Permit process. (4)Application requirements: The following information is required prior to the siting of all WCFs. Installing antenna(s) on existing WCFs and amateur radio operator towers are exempt from these requirements. a. In business and industrial districts, A scaled drawing or aerial map, showing the subject property and all properties within one and one-half(1.5) times the height of the proposed tower and the location of all existing buildings and structures, and the exact location of the tower and equipment facility. In residential districts, a WCF on an existing antenna support structure shall be approved through administrative review. A proposed telecommunication tower shall be approved through the Conditional Use Permit process. An application shall be accompanied by a scaled drawing or aerial map showing the subject property and all properties within three (3) times the height of the proposed tower and the location of all existing buildings and structures and the exact location of the tower and equipment facility. b. Written documentation under a licensed engineer's stamp verifying the need for a guyed- lattice tower when no other means of antenna support structure is available due to technical,engineering constraints. (5)Development Standards a. Location and setback. 1. Antenna: Antenna(s) that are attached to support structures are exempt from the setback requirements in the district in which they are located. The antenna(s) may extend up to five (5) feet horizontally beyond the edge of the support structure provided it does not encroach over the property line. 2. Telecommunication Towers: Telecommunication towers shall meet the setback requirements for the district in which they are located. Telecommunication towers in business and industrial districts shall also be constructed on a lot so that they are as far away as possible from existing off-site buildings and in no event nearer to any residential building than a distance of one hundred percent of the height of the tower. In addition, a telecommunication tower shall not be closer to a residential district boundary line than one hundred percent of its height. Where S:\City of Brookings\Cityhall\City Clerk\ORDINANCES\Ord2004\30-04.doc 3 telecommunication towers are required to meet FAA paint and/or lighting regulations, the distance between them shall not be less than one-half mile. 3. Equipment Facilities: All equipment facilities shall be recognized as accessory buildings and meet the setback requirements for the district in which they are located. 4. Amateur Radio Operator Tower: All amateur radio operator towers shall meet the setback requirements for the district in which they are located. b. Height. 1. Antenna(s) attached to antenna support structures shall not add more than twenty(20) feet in height to the existing building or structure to which it is attached. In residential districts, the maximum height including the antenna support structure and the antenna(s)shall be 100 feet. 2. Telecommunication towers: a. In all industrial districts and the Floodway District, the maximum height shall be 200 feet. b. In all business districts, except the RB-4, B-2A and B-5 districts, the maximum height shall be 100 feet. c. In the Agricultural/Conservation district, as depicted on the adopted Future Land Use Plan,the maximum height shall be 200 feet. d. In residential districts, the maximum height shall be determined through the Conditional Use Permit process. 3. Amateur Radio Operator Towers shall have a maximum height of 35 feet. Exception: For every one additional foot in from the side or rear building setback lines, one additional foot in height may be added to a maximum height of sixty(60) feet. 4. Broadcast Towers may be erected to a height as approved by the City Council upon Conditional Use review. c. Screening and Landscaping. Telecommunication tower sites and equipment facilities shall be screened when there exists a clear view from adjacent residential uses. A fence, wall, berm, shrubbery or tree plantings shall be installed to a sufficient height along the perimeter or in appropriate areas in order to reduce the visual impact of the tower base and buildings. Existing mature tree growth and natural landforms shall be preserved to the maximum extent possible and may be a sufficient buffer. If a chain link fence is erected, the fence shall have wood or plastic slats woven into the fence, open mesh windscreens installed or additional shrubbery or tree plantings located outside the fence. d. Illumination: Towers shall not be artificially lighted unless required by the FAA or other governing authority. Security or safety lighting for equipment facilities is permitted. e. Design: Towers shall be of a neutral color unless otherwise required by the FAA. Antenna(s) installed on support structures shall be of a neutral color that is the same as or compatible with the support structure. Buildings and other structures shall be made S:\City of Brookings\Cityhall\City Clerk\ORDINANCES\Ord2004\30-04.doc 4 of exterior materials and colors that will blend the facilities to the natural setting and built environment. In residential districts, aesthetics is a high priority. Therefore, only a monopole design shall be permitted. In addition, incorporating stealth design into the tower and equipment facilities whenever possible will be an important factor in the review of any Conditional Use Permit application. f. Maintenance: Telecommunication towers, antenna support structures, and WCFs shall be maintained in compliance with Electronic Industries Association/ Tele- communications Industries Association Standard (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures"as it may be updated or amended. g. Abandonment: Any Wireless Communication Facility that is no longer in use shall be reported to the City by the facility owner. If a WCF is not operated for a continuous period of 12 months, it shall be considered abandoned and the owner shall remove the WCF within six months. III. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: December 21, 2004 SECOND READING: January 11, 2005 PUBLISHED: January 14, 2005 40" 11111■144116 \�y of BRQO\`11 cott D. Munsterman, Mayor G:�NCORPpRq�,f ,!1! °o? MAR : / yl 1803 "f.:;;;;.alfAtee a , Shari Thornes / S:\City of Brookings\Cityhall\City Clerk\ORDINANCES\Ord2004\30-04.doc 5