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Wireless FacilitiesPersonal Wireless Facilities, Poles, Antermas, Towers, And Other Such Structures: Section 11-?-1: Short Title: This chapter may be cited as the "Wireless Communications Tower (WCT) Ordinance". Section 11-?-2: Intent and Purpose: A. The City of Meridian seeks to accommodate the communications needs of its residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. The purpose of the cell tower ordinance is to regulate the impact of communications towers within the City limits and to provide for the needs of the public and businesses for wireless communications. B. The intent of this ordinance is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Meridian; 2. Minimize the adverse visual effects of communications towers and other similar structures through careful design standards; 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements; and 4. Require the co-location of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the City. 11-?-3 Definifions: Antenna: Any transmitting and receiving device mounted on a tower, building, or other structure and used in wireless communication. Co-location: T'he use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna to a preexisting structure. Height: The vertical distance measured from finished grade to the top of the pole, structure, or tower, including the antenna. Lattice Tower: A tower made of an open metal framework consisting of strips of metal overlapped in a pattern to achieve strength and height. Monopole: A cylindrical shaped pole usually made of steel that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. Stealth Tower: Communication facilities that are not visually intrusive by means of camouflage. Camouflage techniques may include, but are not limited to placing antennas within or on a church steeples or existing structures, designing a tower as a utility pole, flag pole or street light, or the location of a tower within a group of mature trees. All accessory equipment shelters are required to be camouflaged in manner that in not visually intrusive. Wireless Communications Facility: A steel monopole, guy-wire tower, lattice tower or other similar structure designed to support directional antennas, parabolic dishes or antennas, microwave dishes, associated ground equipment and other similar equipment used in the wireless communications industry. 11-?-4 Procedures: A. Permits Required: It shall be unlawful for any person to erect, construct, add to or increase the height of any wireless communications tower without first securing the proper permits from the Planning and Zoning Department and the Building Department of the City of Meridian. Construction of new communication towers or extending the height of an existing tower shall require a Conditional Use Permit. Co- loration of new equipment on an existing tower shall require a Certificate of Zoning Compliance prior to installation. B. Stealth, hidden or otherwise camouflaged cell towers, shall be reviewed by the Planning and Zoning Director to determine if a Conditional Use Permit shall be required. Stealth or otherwise hidden towers shall not exceed the height limitation of the zone in which it is located. C. Application for Conditional Use Permit for a Communications Tower: Conditional Use Permit applications for the construction of monopole communications towers shall be accompanied by such information as may be required by this ordinance. D. General requirements for all communications towers shall include the following: Documentation from a qualified and licensed engineer showing that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RF) emissions. 2. A report from a qualified and licensed structural engineer which describes the tower height and design. The report shall include the following: a cross section of the tower, elevations that document the height above grade for all potential mounting positions for co-located antennas, and the minimum separation distances between antennas. The report must also include a description of the tower's capacity regarding the number and type of antennas that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request. 3. For all personal wireless facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this Code, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 4. A statement regarding compliance with regulations administered and enforced by the Federal Aviation Administration (FAA). 5. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. 6. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. The analysis shall include, but is not limited to, the following: a. Description of the surrounding area, including topography; b. Natural and man-made impediments, if any, that would obstruct adequate cellular telephone transmissions; c. Physical site constraints, if any, that would preclude construction of a cellular telephone facility on any other site; d. Technical limitations of the system that limit siting options. 11-?-5 General provisions and requirements A. Residential Zones (R-2, R-4, R-8, R-15, R-40), C-N and Old Town: New communication towers shall be prohibited, with the following exceptions: 1. Pursuant to the FCC's preemptive ruling PRB 1, Towers supporting amateur radio antennas (i.e., HAM radio antennas) of less than thirty-five (35) feet in height are permitted, antennas with a height in excess of thirty-five (35) feet shall require a Conditional Use Permit. No towers or antennas shall be placed within the front, side or street side yard. 2. Stealth towers or otherwise hidden communications facilities in the R-15, R-40, C-N and O-T zones may be permitted though the conditional use permit process. B. Commercial (C-C, C-G, RSC), Industrial (I-L), Office (L-O) and Technical (T-E) zones: All new communications towers, other than approved stealth towers, shall be required to secure a Conditional Use Permit from the City Council prior to construction. C. Design Standards: All new communications towers shall meet the following minimum design standards: 1. Towers and antennas shall be required to blend into the surrounding environment by paint or other camouflaging architectural treatment, except in instances where the color is dictated by Federal or State authorities such as the Federal Aviation Administration. All metal shall be corrosive resistant or treated to prevent corrosion. 2. All new communication towers shall be of monopole design, unless the City Council determines that an alternative design (i.e., lattice, guy-wire etc...) would be appropriate due to location or necessity. 3. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of way or property line. 4. All towers, other than approved stealth towers, constructed within Meridian shall be surrounded by a sight obscuring security fence. 5. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five (5) feet wide outside the perimeter of the compound. A minimum of 50% of the plant material shall be of an evergreen variety. In locations of where the visual impact of the tower is minimal, the Planning and Zoning Administrator may waive this requirement. 6. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed and shall be used only when the tower is being serviced. 7. All lighting on the tower, other than may be required by the FAA, shall be prohibited. D. Setback Requirements: If the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: 1. If the property is located next to a residentially zoned property, the setback requirements shall be 125% of the height of the tower. 2. If the tower exceeds the maximum height allowance for the zoning district, the setback requirements shall be 1 foot for every 10 feet of tower height, in addition to the zoning district's setback requirements. 3. If the tower is not constructed to meet the standards set forth in the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Supporting Structures" the setback requirement shall be one foot for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone". Only the accessory equipment building shall be permitted to be located within the fall zone. 4. Communication towers must be setback from all public owned right of way by a minimum of two times the height of the tower to be installed. If this setback requirement is in conflict with any other set back requirement, the set back shall be the greater distance. 5. All communication towers shall be setback at least 3 times the height of the tower from all principal arterial streets. E. Co-Location Requirements: 1. A proposal for a new commercial communication tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower. 2. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an approved tower or structure. One or more following pieces of documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed co-location of an existing tower or facility would be in violation of any State or Federal law. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. d. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed engineer. 3. All proposed communication towers shall be designed, (structurally, electrically, and in all respects) to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred ten feet (125') in height and for at least one additional user if the tower is over fifty feet (50') in height. F. Attachments to Tower: No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. G. Abandoned or Unused Towers or Portions Of Towers: As a condition of approval of any required conditional use permit for personal wireless facilities, all abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a personal wireless facility, unless a time extension is granted by the City Council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a personal wireless facility, shall be submitted at the time of application and re-submitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the City and the costs of removal assessed against the real property. 11-?-6 Noticing requirement: A. All personal wireless facilities requiring a conditional use permit shall comply with the conditional use notice requirements within the Zoning Ordinance with the following additional requirement: All property owners within six-hundred feet (600') of external boundaries of the proposed property shall be notified of the public hearing by the City, via first class mail, a minimum of fifteen (15) days before the scheduled public hearing. The city will provide the list of property owners when requested. CITY OF MERIDIAN Planning and Zoning Department 660 E. Watertower, Ste. 202, Meridian ID, 83642 Communications Tower. Personal Wireless Facility or Antenna Conditional Use Permit Application (Ord # ???) APPLICANT: ADDRESS: PHONE: OWNER(S) OF RECORD: ADDRESS: PHONE: FAX: FAX: E-MAIL: E-MAIL: ENGINEER, SURVEYOR, PLANNER: ADDRESS: PHONE: FAX: E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: ZONING DISTRICT: DESCRIPTION OF PRESENT USE: HEIGHT OF PROPOSED TOWER: I have read the information contained herein and certify the information is true and correct. APPLICANT'S SIGNATURE: CONTENTS OF CONDITIONAL USE APPLICATION (Incomplete applications wall not be processed) An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. The application shall contain the following information: 1. Completed and signed conditional use application form. 2. Legal description of property. 3. Proof of ownership of subject property (most recently executed deed). 4. Notarized consent from titled owner of property. 5. One (1) copy of a vicinity map at a scale of one inch equals three hundred feet (1 "=300'). This map can be obtained from the Planning & Zoning Department upon request. Please request this map seven (7) days prior to submitting application. 6. A plan (with a scale of not less than 1 "=50') of the proposed site for the conditional use (30 folded copies). The site plan shall include the location of the tower, equipment, fencing, and landscaping. 7. Ten (10) copies of a landscape plan in compliance with the Landscape Ordinance. 8. One (1) 11"x17" copy of tower/anteru~a elevations 9. A reduced (8 '/Z" x 11 ") site plan of the proposed site for the. conditional use. 10. A list of the mailing addresses of all property owners within 1000 feet of the external boundaries of the land being considered. This list must be obtained from the City of Meridian Planning & Zoning Department. Please request list seven (7) days prior to submitting application. 11 Written description of characteristics of subject property that makes a conditional use desirable. The description shall also include one (1) or more ofthe following reasons that the tower or antenna cannot be located on an existing tower: (a)Existing or approved towers within the service area cannot accommodate the equipment at a height necessary to function adequately as documented by a licensed and qualified RF engineer; (b) Unwillingness of another tower or facility owner to allow the co-location of equipment; (c)The proposed co-location of any ~uipment on an existing tower would violate a State or Federal law; (d) Documentation that the proposed equipment would exceed the structural capacity of an existing approved tower. This document must be provided by a licensed and qualified structural engineer; (e)That the proposed equipment would not be able to co-exist with the existing equipment due to radio or electrical interference that would render the existing equipment useless. 12. Documenation that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RFC emissions. 13. A report from a qualified and licensed structural engineer which describes the tower height and design. The report shall include the following: a cross section of the tower, elevations that documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. The report must also include a description of the tower's capacity regarding the number and type of antennas that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request. 14. For all new personal wireless facilities, a letter of intent committing the tower owner and his, her or it's successors to allow the shared use of the tower, as required by this Code, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 15. Documentation showing that the proposed tower complies with regulations administered by the Federal Aviation Administration. 16. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. 17. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate azea. For the purposes of this subsection, the analysis shall include all properties within the seazch radii stated above. The analysis shall include, but is not limited to, the following: (A) Description of the surrounding area, including topography; (B) Natural and manmade impediments that would obstruct adequate cellular telephone transmissions; (C) Physical site constraints, if any, that would preclude construction of a cellulaz telephone facility on any other site; (D) Technical limitations of the system, if any, that limit siting options. 18. Conditional Use Permit fee is: $325.00 Fee. 19. The property must be posted 1 week prior to the public hearing, stating they have applied for a Conditional Use Permit. There must be a signed afFidavit that this will be done as part of the application. 20. After the property has been posted, the applicant shall deliver to the Zoning Administrator a notarized statement that he/she has posted the property and the date the posting was placed. If two public heazings aze required, please submit a notarized statement for each hearing.