Subject: 10705/Code/Zoning/CellTowerOrdinance Date: Mon, 20 Apr 1998 09:23:22 -0500 ORDINANCE NO. 10705 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, KNOWN AS THE CHATTANOOGA ZONING ORDINANCE, AS AMENDED, BY ADDING THERETO REGULATIONS REGARDING ISSUANCE OF SPECIAL EXCEPTIONS PERMITS AND STANDARDS FOR COMMERCIAL TOWERS. WHEREAS, the Chattanooga-Hamilton County Regional Planning Commission recommends the amendment of existing Chattanooga zoning regulations regarding commercial communications towers; and WHEREAS, the City Council finds that the public welfare requires that the number of commercial towers be minimized by encouraging co-location of applications on each tower; and WHEREAS, the City Council finds that commercial towers should be encouraged to locate in most commercial and industrial zones and discouraged from locating in residential zones; and WHEREAS, the City Council finds that the detrimental impact of commercial towers can be alleviated through the use of landscaping; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA; SECTION 1. That Article II of the Zoning Ordinance, Section 100, be amended to add the following new definitions: 0C 3.01 Antenna: An apparatus designed for telephonic, radio, television or other communications through the sending or receiving of electromagnetic waves, including but not limited to panel antenna, parabolic, or dish antenna. This definition shall not apply to a ground or building mounted antenna if the height including any post or supporting structure and antenna does not exceed thirty-five (35) feet for a ground mounted antenna, the applicable height restriction for the zone, or twenty feet above a building whichever is less. 15.01 Carrier application: The total number of antennas needed for a single carrier to place their equipment on a communication tower. 16.01 Communications Tower: Any structure that is designed and constructed primarily for the purpose of supporting any telecommunication antenna, dish or transmitter, including monopole communication towers and lattice communication tower. 16.02 Communications Tower Height: The distance measured from the ground level to the highest point on the communication tower excluding antennae. 50.01 Lattice Communication Tower: A self supporting support multi-leg structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment. 67.01 Monopole Communication Tower: A communication facility which consists of monopolar structure, erected on the ground to support communication antennas and connecting appurtenances. SECTION 2. BE IT FURTHER ORDAINED, That Article V of the Zoning Ordinance be and is hereby amended by adding thereto Sections 116, 126, 166, 209, 256, 308(3), 407(3), 415, 424, 503(15), 504(F), 603(20), 703(3), 804(13), 811, 903(5), 909, 924(3), 1002(7), 1011(1), 1012(8), 1021(1), and 1022(8) as follows: 116. Uses Permitted as Special Exceptions by Board of Appeals: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 126. Uses Permitted as Special Exceptions by Board of Appeals: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 166. Uses Permitted as Special Exceptions by Board of Appeals: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 209. Communications Towers: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 256. Uses Permitted as Special Exceptions by Board of Appeals: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 308(3). Communications Towers: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 407(3). Communications Towers: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 415. Uses Permitted as Special Exceptions by Board of Appeals: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 424. Uses Permitted as Special Exceptions by Board of Appeals: The Board of Appeals for Variances and Special Permits may issue a special exceptions permit for Communications Towers under the terms specified in Article VIII. 503(15). Monopole communication towers. 504(F). Lattice communication towers under the terms specified in Article VIII. 603(20). Monopole communication towers. 604(8). Lattice communication towers under the terms specified in Article VIII. 703(3). Monopole communication towers, providing the applicant can demonstrate that it is impractical to locate the antenna on existing structures, and subject to the other terms specified in Article VIII. 804(13). Monopole communication towers. 811. Add the sentence: "Communications Towers may be built without height restriction providing they comply with building codes and other federal, state, and local regulations, providing that lattice communication towers can be built only with a special exceptions permit as specified in Article VIII." 903(5). Monopole communication towers. 909. Add the sentence: "Communications Towers may be built without height restriction providing they comply with building codes and other federal, state, and local regulations, providing that lattice communication towers can be built only with a special exceptions permit as specified in Article VIII." 924(3). Communications Towers. 1002(7). Communications Towers may be built without height restriction providing they comply with building codes and other federal, state, and local regulations, providing that lattice communication towers can be built only with a special exceptions permit as specified in Article VIII. 1011(1). Add the phrase: "Communications Towers, providing that lattice communication towers can be built only with a special exceptions permit as specified in Article VIII." 1012(8). Communications Towers may be built without height restriction providing they comply with building codes and other federal, state, and local regulations, and providing further that lattice communication tower can be built only with a special exceptions permit as specified in Article VIII. 1021(1). Add the phrase: "Communications Towers, providing that lattice communication towers can be built only with a special exceptions permit as specified in Article VIII." 1022(8). Communications Towers may be built without height restriction providing they comply with building codes and other federal, state, and local regulations, and providing further that lattice communication towers can be built only with a special exceptions permit as specified in Article VIII. SECTION 3. BE IT FURTHER ORDAINED, That Article VIII of the Zoning Ordinance be amended by deleting Section 107(13) and substituting in lieu thereof a new Section 107(13) as follows: 107(13). Commercial radio, television, telephone, and microwave towers are subject to the following provisions: (a) Exemptions and Administratively Approved Sites: A special exceptions permit shall not be required under the following circumstances: 1) Concealed Devices - Communication equipment which is concealed within a building or structure so that it is architecturally indiscernible may be permitted in all zoning districts subject to building permit procedures and standards. Architecturally indiscernible shall mean that the addition or feature containing the antenna is architecturally harmonious in such aspects as material, height, bulk, scale and design with the building or structure to which it is to be a part. 2) Additions To Existing Structures In Any Zoning District - An antenna, a dish or transmitter may be placed inside or on an existing structure, including but not limited to steeples, silos, spires, utility water tanks or towers, athletic field lighting poles, utility poles and similar structures, (but excluding single-family or duplex dwellings for any commercial use), subject to structural adequacy and provided the addition of the antenna and any supporting structure shall not add more than twenty (20) feet to the existing structure without obtaining a special permit. The setback requirements for freestanding communications towers shall not be applied to existing structures used to support or house the antenna. Additional antennas may be placed on existing communication towers without obtaining a special permit. The placement of antennas in or on existing structures or communications towers shall be subject to the screening landscape standards of this section if the addition of the antenna or associated equipment causes any significant change to the ground level view of the existing structure in the discretion of the Building Official. 3) Existing Communication Towers - Antennas, dishes, or similar equipment or additional users which do not add to the tower height, may be added to existing communications towers without obtaining a special permit, but shall be subject to all applicable zoning, set-back, design, and building code regulations. 4) Allowed within zone - An application for monopole communication towers can be approved by the Building Official where regulations for a particular zone do not require that a special exceptions permit be approved by the Board of Appeals; provided that the applicant shall fulfill the requirements for special permit procedures, landscape requirements, co-location requirements, and other requirements set forth below. (b) Special permits required: Except as exempted by regulations of a particular zone, special exceptions permits shall be required for all lattice communication towers and for monopole communication towers as provided herein: 1) Towers shall be permitted in residential zones or on property in a non-residential zone where fifty percent (50%) or more of the property line of said site abuts property in a residential zone, provided the tower is set back from any residential dwelling in said residential zone the length of the tower height plus ten (10) feet, and subject to the special permit, landscaping, co-location, and other requirements set forth herein. 2) Towers shall be permitted in other zones subject to any applicable provision of said zone, structure setback requirements from adjacent property lines, and the special permit, landscaping, co-location, and other requirements set forth in the special permit procedures. Provided that if fifty percent (50%) or more of the property line of said site abuts property in a residential zone, then the tower must also be set back from any residential dwelling on the residentially zoned property the length of the tower height plus ten (10) feet. (c) Special Permit Procedures: The following information must be provided at the time of application for a special permit: 1) A schematic site plan, including schematic landscape plan with an elevation view of the type of facility to be placed on the site. The site plan shall depict where the tower is to be located on the site and where additional co-located communication equipment, shelters or vaults can be placed. 2) Identification of the intended user(s) of the tower. 3) Adequate documentation by the applicant that no suitable existing facilities within the applicable coverage area are available to the applicant. Adequate documentation may include consideration given to the service area needs, propagation studies, tower height, maps, and letters from nearby existing facility owners. Existing facilities shall include other towers, buildings, and other structures of suitable height. 4) Documentation of the number of other users that can be accommodated within the design parameters of the tower as proposed. If the tower will not accommodate the required number of users, the applicant must demonstrate with compelling evidence why it is not economically, aesthetically, or technologically feasible to construct the tower with the required co-location capability. No application not fulfilling the co-location requirement is eligible for administrative approval by the Building Official. 5) A statement indicating the owner's commitment to allow feasible shared use of the tower within its design capacity for co-location. 6) The applicant or the landowner shall provide proof of the establishment of a financially secure and legally enforceable method of removing a communications tower when it ceases to be used for a period of twelve (12) months. This financial assurance can be provided through a sinking fund, a lien upon land which has a greater unencumbered appraised value than the cost of removal of the communications tower, a removal bond, a letter of credit or any alternative financial arrangement which is approved by the Finance Officer as to financial adequacy and the City Attorney as to legal enforceability. If the applicant or landowner owns more than one (1) tower, a blanket removal bond or alternative financial assurance may cover multiple sites. 7) The applicant shall furnish the names and addresses of all property owners within three hundred (300) feet of the site as measured from the property lines of the site upon which the tower is to be constructed to the nearest property line of any property within said distance. (d) Landscape Requirements: Commercial telecommunication tower sites shall be subject to the following landscaping standards: 1) The visual impact of a tower on adjacent properties and streets shall be minimized to the extent practicable by utilizing existing topography, structures, and natural vegetation to screen the tower. For all visual exposures not equivalently screened by existing structures or natural vegetation, all tower sites shall be landscaped with a ten (10) foot deep landscape yard with evergreen trees spaced a maximum of ten (10) feet on-center or two (2) staggered rows of shrubs spaced a maximum of eight (8) feet apart. The Building Official shall deny any application in his or her discretion when the applicant has not reasonably minimized the visual impact of the tower, subject to the applicant's right of appeal to the Board of Appeals for Variances and Special Permits. The Building Official may also when he or she is of the opinion that placement of the cellular communications tower at a particular location on the parcel would minimize the adverse visual impact of the tower on adjacent properties and public streets through utilization of site specific screening such as existing structures and natural vegetation, refer the application to the Board of Appeals for Variances and Special Permits with a specific recommendation for a variance under the provisions of Article VIII. All plantings shall meet the installation and planting size requirements as specified below: a) Intent: All landscaping materials shall be installed in a professional manner, and according to accepted planting procedures specified in the current edition of American Studies for Nursery Standard. b) Screening Trees: Screening trees are used to meet the tree planting requirements of this ordinance and shall be installed at a minimum height of eight (8) feet and have a minimum expected mature spread of eight (8) feet. Recommended species are American Holly, Foster Holly, Southern Magnolia, Eastern Red Cedar, Atlas Cedar, Deodar Cedar and Virginia Pine. c) Screening Shrubs: All screening shrubs shall be installed at a minimum size of three (3) gallons and have an expected maturity height of at least eight (8) feet and mature spread of at least five (5) feet. Recommended species include: Fragrant Olive, English Holly, Burford Holly, Nellie R. Stevens Holly, Wax Myrtle, Cherry Laurel, English Laurel and Leatherleaf Viburnum. d) Prohibited Plants: The following plants are prohibited from being used to meet these requirements due to problems with hardiness, maintenance, or nuisance: Kudzu Vine, Purple Loosetrife, Japanese Honeysuckle, Shrub Honeysuckle, Autumn Olive, Common Privet, Tree of Heaven, Lespedeza, Garlic Mustard, Paulownia, Multiflora Rose, Siberian Elm, Silver Poplar, Mimosa, Mulberry and Silver Maple. e) Maintenance: The property owner (or lessee if so provided in a written lease) shall be responsible for the maintenance of all provided landscaping. All landscaped areas must present a healthy, neat and orderly appearance and shall be kept free from refuse and weeds. Any dead or diseased plant material shall be replaced by the property owner (or lessee if provided in a written lease) with new plantings that meet the requirements of these regulations. 2) A break in the landscape not to exceed sixteen (16) feet in width, shall be allowed for access for maintenance personnel and vehicles. 3) New or existing vegetation, earth berms, existing topographic features, walls, screening fences, buildings and other features other than prescribed above may be used to meet the requirements of these regulations if the Chief Building Official finds that they achieve reasonably equivalent screening as subsection 1 herein. 4) In Commercial and Industrial Districts a sight-obscuring fence at least eight (8) feet in height and a minimum of seventy-five percent (75%) opaque may be substituted for screening trees or screening shrubs as specified in subsection 1 herein by special exception from the Board of Appeals when the applicant can demonstrate that it is impractical to provide living screening material. 5) No screening shall be required if the base of the communication tower site is not visible from adjoining property or is not otherwise visible from a dedicated public right-of-way. 6) Site landscaping is not required for antennas which are being co-located on existing towers, or which are being placed on other buildings or structures where the antenna is allowed as an accessory use. 7) No screening shall be required when this screening is explicitly prohibited by Federal Communications Commission regulations or is otherwise restricted by site limitations. The Board of Appeals shall review and approve any deviations from the standards specified herein. (e) Co-location requirements: New communication towers of a height of more than one hundred (100) feet and less than two hundred (200) feet must be designed and built to accommodate three (3) or more personal communication system carrier applications and must be made available upon reasonable terms for co-location to at least three (3) additional single antenna applications such as paging, 911, two-way, and emergency management communications. Additionally, the site must be sufficiently large to accommodate at least three (3) telecommunication equipment shelters, cabinets or additions to existing structures. New communication towers of a height of two hundred feet (200) or more must be designed and built to accommodate at least three (3) personal communication system applications and at least three (3) additional single antenna applications plus at least one (1) additional personal communication system application and at least one additional single antenna applications for each additional fifty (50) feet of height, to a maximum of six (6) personal service communication system carriers and six (6) single antenna applications, to be made available upon reasonable terms for co-location. (f) Other requirements: 1) Design standards: The proposed site plan and tower design plans meet or exceed all applicable standards, including without limitation those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), the National Electrical Code, and the American Steel Institute. 2) Construction plans: Construction plans or drawings prepared by a registered engineer certifying that the tower has sufficient structural integrity and equipment space to accommodate multiple users shall be required at the time of applying for a building permit. 3) Landscape plans: Landscape plans that comply with the landscaping requirements of this ordinance shall be required at the time of applying for a building permit. 4) Maintenance: The property owner (or lessee if provided in a written lease) shall be responsible for the maintenance of all provided landscaping. All landscaped areas must present a healthy, neat and orderly appearance and shall be kept free from refuse and weeds. Any dead or diseased plant material shall be replaced by the property owner with new plantings that meet the requirements of these regulations. 5) Removal of Abandoned Antennas and Towers: Any tower permitted under Article VIII, Section 107(13)(b) that is not operated as a personal communication system carrier application for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the Building Inspector. Failure to do so shall be deemed to be a violation of these regulations and shall be subject to the penalty provisions of Article XII. The owner of the antenna or tower may appeal the decision of the Building Official to the Board of Appeals for Variances and Special Permits, but at such hearing shall be required to show just cause why the antenna or tower should not be considered abandoned and subject to removal. 6) Towers and appurtenances shall be set back from principal arterials, minor arterials, and collector streets a minimum of fifty (50) feet. SECTION 4. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage, as provided by law. PASSED on Third and Final Reading June 2, 1998. s/__________________________________ CHAIRPERSON APPROVED:__X___ DISAPPROVED: _______ DATE: June 4, 1998 s/__________________________________ MAYOR MAM:cjc