03-1005 City Code Wireless Comm Tower
CITY OF MERIDIAN
ORDINANCE NO, 03- 1005'
BY: Hf}1~:J cf¿ f<}e£r~
AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW
CHAPTER 22 OF TITLE 11 ZONING REGULATIONS TO BE KNOWN AS
WIRELESS COMMUNICATIONS TOWER (WCT) PROVIDING FOR
WIRELESS COMMUNICATION FACILITIES, POLES, ANTENNAS, TOWERS,
AND OTHER SUCH STRUCTURES AND NOTICE TO PROPERTY OWNERS;
PROVIDING FOR APPEALS, SEVERABILITY, CONFLICT, VALIDITY,
SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE,
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: A new Chapter 22 of Title II to be known as Wireless Communications
Tower (WCT) is hereby enacted and shall read as follows:
11-22-1: Short Title: This Chapter maybe cited as the Wireless Communications
Tower (WCT).
11-22-2: 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:
I. 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;
Wireless Communication Ordinance
Chapter 22 Title II
3. Avoid potential damage to adjacent properties ITom 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.
11-22-3 Definitions:
Antenna:
Co-location:
Height:
Lattice Tower:
Monopole:
Stealth Tower:
Wireless
Communications
Facility:
11-22-4 Procedures:
Any transmitting and receiving device mounted on a tower,
building, or other structure and used in wireless communication.
The use of a single tower to support more than one wireless
telecommunication service provider's equipment, or the mounting
of an antenna to a pre-existing structure.
The vertical distance measured ITom finished grade to the top of the
pole, structure, or tower, including the antenna.
A tower made of an open metal framework consisting of strips of
metal overlapped in a pattern to achieve strength and height.
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.
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 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 is not visually intrusive.
A steel monopole, guy-wire tower, lattice tower or other similar
structure designed to support directional antennas, parabolic dishes
or antennas, microwave dishes; in addition to associated ground
equipment and other similar equipment used in the wireless
communications industry.
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
Wireless Communication Ordinance
Chapter 22 Title II
2
extending the height of an existing tower shall require a Conditional Use Permit. Co-
location 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 or extension 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:
1.
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 ofthe
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 wireless communication 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:
Wireless Communication Ordinance
Chapter 22 Title 11
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.
11-22-5 General provisions and requirements
A.ResidentialZones (R-2, R-4, R-8, R-15, R-40), CoN and Old Town: New
communication towers shall be prohibited, with the following exceptions:
1. Pursuant to the FCC's preemptive ruling PRB I, Towers supporting amateurradio
antennas (i.e., HAM radio antennas) ofless 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 0- T zones may be permitted through the certificate of zoning
compliance process.
B. Commercial (C-C, CoG, 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.
Wireless Communication Ordinance
Chapter 22 Title II
4
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. The base of all towers, other than approved stealth towers, constructed within
Meridian, shall be surrounded by a sight obscuring security fence, in
accordance with the underlying zone.
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 ofthe
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 maybe 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:
I. If the property is located next to a residentially zoned property, the setback
requirements shall be 125% ofthe height of the tower.
2. If the tower exceeds the maximum height allowance for the zoning district,
the setback requirements shall be I foot for every 10 feet oftower 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 AssociationlElectronic Industries Association
(TINEIA) 222 Revision F Standard entitled "Structural Standards for Steel
Antenna Supporting Structures" the setback requirement shall be one foot for
every foot in height ofthe 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.
Wireless Communication Ordinance
Chapter 22 Title It
E. Co-Location Requirements:
I. 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 existing or 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 (110') 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. No signs or banners shall be attached to any portion
of a wireless communications tower.
G. Abandoned or Unused Towers or Portions Of Towers: As a condition of approval of
any required Conditional Use Permit for wireless communication 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 wireless communication facility, unless
Wireless Communication Ordinance
Chapter 22 Title 11
6
a time extension is granted by the City Council. A copy of the relevant portions ofa
signed lease, which requires the applicant to remove the tower and associated
facilities upon cessation of the use as a wireless communication 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.
11-22-6 Noticing reqnirement:
A. All wireless communication facilities requiring a conditional use permit shall comply
with the Conditional Use Permit noticing 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.
SECTION 2: SEVERABILITY: The provisions of this chapter shall be deemed
severable and a finding by a court oflaw that a provision ofthis chapter is unlawful shall
have no effect on the remaining provisions.
SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 4: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this ordinance independent of the elimination
herefrom of any portion as may be declared invalid.
SECTION 5; SAVINGS CLAUSE: This ordinance does not affect an action or
proceeding commenced or right accrued before this ordinance takes effect.
SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
Wireless Communication Ordinance
Chapter 22 Title II
PASSEl> !!Y THE CITY zg,~~CIL OF THE CITY OF MERIDIAN, IDAHO, this
~ day of r rç:</ ¡r t{ ar;¡ , 2003,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
~ day of r/6h£t:l/t--tj ,2003,
~f-f) ~ <-
r Robert D Corrie
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An Ordinance of the City of Meridian B~ ~ ~p.~~ ~Qfty Clerk
First Reading: 2 - 4--tJ 3 '.0;.,;, '1 1 't:>~ ,,::::'
Adopted after firXading by suspension o{Í't4e~~al~Q.wèd pursuant to Idaho Code
50-902: YES NO- 'od",...,.\
Second Reading: -
Third Reading:
Attest:
STATE OF IDAHO,)
: ss.
County of Ada. )
On this-1~.ßay of ~ ~ ,2003, before me, the undersigned, a
Notary Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that
the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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Wireless Communication Ordinance
Chapter 22 Title II