HomeMy WebLinkAboutORD 23830 0
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BILL NO. 19
ORDINANCE NO. 2353
An ordinance amending Chapter 10 Article 2 of the Municipal Code of the City
of Caldwell by creating a new section 10 -02 -11 termed "Wireless
Communication Facilities." In addition, amend Zoning Ordinance No. 1451 by
adding Wireless Communication Facilities to Article 2, Section 10- 02 -02, Land
Use Schedule, as a special use in all land use categories; and to provide a
definition in Article 3, Section 10- 03 -11.
10 -02 -11 - Wireless Communications Facilities, to include Poles,
Antennas, Towers, and Related Accessories
The purpose of this ordinance is to establish guidelines for the construction and
placement of all wireless communications facilities and towers within the City of
Caldwell. The goal is to minimize all adverse visual, and safety effects on the
community by employing co- location innovative design, location, and camouflaging
techniques.
10 -02 -11.01 — This ordinance establishes standards for the placement of antennas,
Wireless Communication Facilities and their accessories within Caldwell's Zoning Districts
as well as the City's Area of Impact.
10 -02 -11.02 — Applicability — This ordinance shall not govern antennas or towers
which are used exclusively for the transmission of emergency signals.
10 -02 -11.03 - Definitions — Certain terms are defined to provide clarity to this
ordinance:
A. "Accessory Use" means a use incidental and subordinate to the principal use of
the premises, as set forth in Section 10 -03 -11 of this code.
B "Aesthetic Zone" means the area of a circle, centered about the center of the
base of the WCF and whose radius is the height of the WCF when applied to a
residential zone and 1 /2 the height when applied to a non - residential zone, to
include easements dimensions as part of the zone consideration. The purpose of
the aesthetic zone is to minimize visual obtrusiveness by relating setback
distances to the height of the tower.
C. "Airport height restrictions" shall mean those set forth in 10 -02 -11.11
D. "Antenna" means any exterior transmitting or receiving device mounted on a
tower, building, or structure and used in communications.
E. "Co- location" means the use of a single tower to support more than one wireless
telecommunication service provider's equipment, or the mounting of an antenna
on a preexisting structure.
F. "Design review approval" means the standard internal review process
implemented by the City of Caldwell Community Development Department.
G. "Height," when referring to a tower or other structure, means the distance
measured from the finished grade of the platform or two (2) feet above the
ground, whichever height is the lesser, to the highest point on the tower or other
structure, including any antenna.
H. "Non - residential" means any parcel that is not zoned as a residential zone, to
include commercial, industrial, and manufacturing zones.
I. "Presentation streets," for purposes of this ordinance, shall include Blaine St. and
Cleveland Boulevard between 12` Ave. and 21 Ave., and 21' Ave. from
Cleveland Blvd. to Franklin Rd. (the lasso). This ordinance is intended to cover
all future presentation streets in a similar fashion.
1. "Principal Structure" means a preexisting structure located on the same lot as the
WCF, as used in this chapter. If a lot is previously undeveloped, the WCF shall be
considered the principal structure.
K. "Residential Zones" means any parcel that is zoned R -1 (Single Family
Residential), R -2 (Combined Medium Density Residential), any R -3 zone
(Multifamily High Density Residential), and R -S (Semi Rural Residential), or other
residential zones created by the City after the effective date of this ordinance.
L. "Structure" means anything constructed, the use of which requires location on
the ground or attachment to something having a fixed location on the ground.
Structures include, but are not limited to, buildings, walls, fences, and billboards.
For the purpose of this ordinance, structures shall not include WCFs.
M. "Tower" means any facility designed and constructed solely for the purpose of
supporting one or more antennas for telephone, radio, and similar
communication purposes. The term includes radio and television transmission
towers, microwave towers, cellular telephone towers, alternative tower
structures, and the like. The term includes the structure and its associated
means of support.
N. "WCF" — Wireless Communications Facility — refers to a tower and all
attachments.
10 -02 -11.04 — Co- location
A. Any co- location shall require an administrative review and shall be subject to an
independent building code review and permit process.
B. If a new antenna is attached to an existing WCF, all setbacks required by Section
10 -02 -11.06 of this ordinance must be maintained.
C. If an antenna is co- located on a public utility, such as a power pole, the applicant
must provide documentation from the utility stating that it does not object to the
co- location.
D. An existing utility pole may be replaced with a taller pole to accommodate co-
location, provided that the owner or person who otherwise controls the pole
finds it to be acceptable.
E. The owner or person who otherwise controls the WCF or structure under
consideration for co- location shall undertake to charge fair and reasonable
market rent or other compensation for co- location.
F. If the owner or person who otherwise controls a WCF shall fail or refuse to alter
a structure so as to accommodate a proposed and otherwise feasible co- location,
such facility shall thereupon and thereafter be considered a nonconforming
structure and shall not be altered, expanded, or extended in any respect, as set
forth in Section 10 -02 -08 (Nonconforming Uses) of this code unless such
changes are made to accommodate additional carriers. The maximum height of
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antennas mounted on preexisting structures shall be eight (8) feet above the
height of the structure, or not above the maximum allowable height in the
underlying zone, whichever height is greater.
G. Antennas may be attached to light standards, power line support devices, or
flagpoles, provided the owner or authority agrees in writing to such placement.
The applicant must provide verification from a qualified and licensed engineer
that the antenna placement will not create safety hazards and is compatible with
the item's structural integrity.
H. A WCF may be rebuilt at a new location onsite in a non - residential zone through
an administrative review process, providing that its new location adheres to the
aesthetic zone requirement. The existing WCF must be removed within six (6)
months of the approval of its replacement. The owner(s) of the existing tower
must agree to pay fees incurred by the City to remove the WCF should they fail
to comply with the removal procedures. This removal agreement will be a
condition of approval.
I. In order to be considered for new WCF construction, the applicant will be
responsible for obtaining a list of existing WCFs from Canyon County
Development Services, and to demonstrate in writing that co- location is not
feasible on the existing WCFs due to any combination of the following:
1. Existing towers or structures located within the applicant's search
radius are not sufficient in terms of location, height, or structural
strength.
2. The proposed co- location of an existing tower or facility would be in
violation of any local, state, or federal law.
3. The unwillingness of another tower or facility owner to entertain the
shared use.
4. The fees, costs, or contractual provisions required to share or adapt
existing WCFs and structures located within the existing zones that
meet applicant's needs are unreasonable. For purposes of this
ordinance, unreasonable costs are those determined to exceed the
costs of new tower development. Contractual provisions will be
reviewed on a case -by -case basis.
5. The applicant's proposed antenna would cause electromagnetic
interference with the antenna located on the existing WCFs or the
existing antenna would cause interference with the applicant's
proposed antenna.
6. The applicant demonstrates that there are other limiting factors that
prevent co- location.
10 -02 -11.05 — Procedure
A. It shall be unlawful for any person to erect, construct, or replace any Wireless
Communications Facility or antenna within the City or its Area of Impact without
first making application to the Caldwell Community Development Department,
securing the appropriate permits and reviews, and paying all associated fees.
B. All antennas, WCFs, utility buildings and structures accessory to a WCF shall be
subject to the design review approval process prior to their construction.
C. Application- in addition to standard requirements for obtaining a building permit,
all applications for the construction or modification of an antenna or a Wireless
Communication Facility must include the following information:
1. Applicant's name, address, and telephone number.
2. Name, address, and phone number of the carrier.
3. Documentation from a licensed and qualified engineer showing that
the proposed facility will meet or exceed all Federal Communications
Commission Standards regarding radio frequency emissions and other
energy considerations.
4. Documentation showing that the proposed facility conforms to all
regulations administered by the Federal Aviation Administration,
including light and height restrictions (see 10- 02- 11.11).
5. For new towers only: Caldwell grants Special Use Permits (SUP)
through legislative process to afford a land parcel additional or
exceptional uses. All new WCF's must obtain an SUP prior to
obtaining a building permit. In addition to all information required for
an SUP application, WCFs must also include the following:
a. A letter of intent from the owner of the WCF committing the tower
to co- location of additional antennas, as set forth in Section 11-
02- 11.04, provided the co- locator is agreeable to reasonable
terms and conditions for shared use.
b. A report from a qualified and licensed engineer, including his/her
stamp and registration number on all items. The report shall
describe the proposed facility, and include the following
information:
1. A description of the WCF height and design to include a cross
section, elevation profile and stabilization method.
2. The documented height above grade for the positions of all
potential co- located antennas.
3. Lighting plans, if any.
4. The minimum mounting distances for co- located antennas.
5. The tower's capacity to accept co- located antennas, including
the number and types of antennas that may be mounted.
6. Documentation that the WCF is constructed to meet industry
standards, as set forth in Section 10- 02- 11.07.1.
7. Documentation that the WCF and accessory structures will not
produce any adverse noise, as set forth in Section 10 -02-
11.07.].
c. A written analysis, demonstrating that the proposed location is the
most appropriate within the immediate area and the basis for that
determination offered in a narrative format; the analysis shall
include:
1. The topography and description of the surrounding area.
2. Impediments that would obstruct transmissions.
3. Technical limitations.
d. Roadway access to the WCF.
6. Documentation of the steps the applicant will take to avoid
electromagnetic interference with other communication facilities.
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7. Written evidence of compliance with all building and electrical codes.
D. The City may require the applicant to provide additional information about the
WCF or antenna beyond the information required above. Additionally, the city
may retain a qualified consultant at the applicant's expense for review purposes.
E. The owner of any tower must send a letter to the City of Caldwell Community
Development Department annually advising the municipality of the tower's
continued operation.
10 -02 -11.06 — Height and Setbacks— Towers and antennas will be permitted in all
City zones subject to the following height and setback limitations. For purposes of land
use, height, and setback considerations, land is divided into residential and non-
residential use:
A. Residential Zones:
1. WCFs will be restricted to a height of eighty (80) feet. This residential
limit is based on the average height of a mature tree in Caldwell.
2. The eighty (80) foot height limitation may be extended by means of a
height bonus up to twenty -five (25) per cent of the residential limit as
a co- location incentive, provided the height addition does not exceed
the parcel's ability to meet the underlying aesthetic zone.
3. A residential parcel cannot be rezoned to a non - residential parcel for
the purpose of constructing a WCF to a greater height.
4. No variance or administrative exception is available to extend the
WCF beyond the noted height provision.
5. WCFs must comply with all airport height restrictions.
B. Non Residential Zones:
1. The WCFs aesthetic zone and airport height restrictions will restrict
allowable heights.
2. WCFs located in a non - residential zone must be set back from any
abutting residential zone a distance equal to the height of the WCF as
a means to further buffer incompatible uses.
C. Each of Caldwell's land use zones has an accompanying height restriction. The
Community Development Director has the discretion through an administrative
process to increase a zone's maximum height by up to twenty -five (25) per cent.
If the height of the WCF is less than the permitted height within the underlying
zone, to include the Community Development Director's administrative height
discretion, the WCF is not subject to the aesthetic zone provisions.
D. Each of Caldwell's land use zones has an accompanying setback restriction.
WCFs not subject to the aesthetic zone requirements shall meet the setback
requirements of the underlying zone, as set forth in Section 10 -02 -03 of this
Code.
E. WCFs are prohibited within 500' of hospitals, schools, institutions of higher
education, and day care centers for purpose of allaying possible safety concerns.
F. No structure accessory to a WCF or antenna shall be more than twelve (12) feet
in height and shall not contain more than 250 square feet of gross floor area per
carrier to a maximum of 1000 square feet.
G. All WCFs must be set back 400 feet from any property listed on the National
Register of Historic Places. The Community Development Director may reduce
the setback after consultation with the Historic Preservation Commission,
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provided the WCF is creatively designed so that it will not detract from its
surroundings.
H. If there is a conflict between setback requirements, the greater setback shall
prevail.
10 -02 -11.07 -- Uses
A. A WCF may be considered the principal or accessory use.
B. A WCF may be placed on a land parcel with a preexisting land use if the uses are
compatible. It is the responsibility of the applicant to demonstrate to the
community Development Director's satisfaction that the uses are compatible.
C. If an applicant is seeking to place a WCF on a land parcel already subject to a
Special Use Permit, it may be a basis for denying the application.
D. A temporary WCF or antenna erected for test purposes, emergency
communication, or for broadcast remote pick -up operations shall not require a
building permit. The temporary time frame must be established and approved
prior to the placement of the WCF or antenna.
10.02 -11.08 — Design
A. Co- location is encouraged for its visually enhancing attributes and its potential to
minimize land use impacts.
1. WCFs that are one hundred (100) feet in height, up to and including
one hundred twenty-five (125) feet in height shall be structurally
designed to accommodate at least two (2) service providers.
2. WCFs that are between one hundred twenty -five (125) feet and one
hundred fifty (150) feet in height shall be structurally designed to
accommodate at least three (3) service providers.
3. WCFs that are one hundred fifty (150) feet in height or greater shall
be structurally designed to accommodate at least four (4) service
providers.
4. Towers greater than two hundred (200) feet in height are
discouraged.
B. Materials:
1. Colors, materials, textures, screening, and landscaping shall be used
to blend the WCF into the natural setting and/or the built
environment and shall be approved by the city as a part of the design
review procedure.
2. Metal towers shall be treated with corrosive resistant materials; wood
poles shall be treated with a rot - resistant application.
C. Lighting - No antenna or WCF shall have stationary lights, strobe lights,
reflectors, flashers, or other illumination devices attached to it except during
times of repair or as specifically required by the Federal Aviation Administration,
the Federal Communications Commission, or other agencies of jurisdiction. If
lighting is required, the design chosen must cause the least disturbance to the
surrounding views.
D. Signage- Signs, including advertisement, are prohibited on WCFs, other than to
provide warning or equipment information.
E. Access:
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1. Climbing pegs shall be removed from the bottom 20' of the WCFs and
replaced only for maintenance purpose to discourage use by
unauthorized persons. Climbing guards shall be placed on conduit
risers to prevent climbing of underground risers.
2. All WCFs shall be surrounded by a security fence as a means of
further deterrence. The security fence shall not exceed a height of
six (6) feet in a residential zone. The fence shall have a locked gate
and shall be at least eighty -five (85) per cent opaque. Landscaping
may be required.
F. Identification - A sign no larger than two (2) feet in height or width shall be
mounted on the outside of the security fence identifying the owner of the tower
and a contact number.
G. Landscaping - All required landscaping shall be xeriscape tolerant or irrigated and
properly maintained to ensure its good health and vitality; existing vegetation
shall be maintained to the greatest extent possible.
H. Compliance
1. The WCF design shall comply with all applicable building and electrical
codes, as administered by the City building official.
2. All WCFs shall be constructed to the Telecommunications Industry
Association /Electronic Industries Association (TIA/EIA) 222 Revision F
Standard entitles "Structural Standards for Steel Antenna Supporting
Structures" or as may be amended.
3. All towers must meet or exceed current standards and regulations of
the Federal Communications Commission, Federal Aviation
Administration, or other agencies of jurisdiction regulating WCFs. If
the standards and regulations change, the WCF shall come into
compliance with them within six (6) months. The failure to bring
towers and antennas into compliance with new standards and
regulations in a timely manner will constitute grounds for removal of
the WCF at the owner's expense.
4. If a WCF is built on an undeveloped lot, it may be required to come
into compliance with other land use requirements such as placement
of curbs and gutters.
I. Noise - The WCF and accessory structures shall not produce noise levels
separate or accumulative above 45dB as measured from the nearest property
line on which the WCF is located.
1. The installation of a WCF or an antenna shall not violate any existing deed.
10- 02- 11.09— Abandoned towers
A. The owner of any WCF must notify the Caldwell Community Development
Department in writing within thirty (30) days that a WCF is no longer
operational. Any WCF not operated for a continuous period of twelve (12)
months shall be considered abandoned.
B. A non - operational WCF shall be removed within six (6) months of the city's
determination that the structure is abandoned or non- operational.
C. In the event that a WCF and accompanying facilities are not removed within six
(6) months, they may be removed by the city and the associated costs assessed
against the property.
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D. The abandonment provision shall become effective when the WCF has no
operational component.
E. Determination of the date of abandonment shall be made by the Community
Development Director based upon documentation and/or affidavits from the WCF
or antenna owner/operator regarding the issue of usage.
10 -02 -11.10 — Preexisting WCFs and Antennas
A. A Notice of Continuing Use must be filed with the City of Caldwell Community
Development Department by the owner/operator for all WCFs or antennas
existing prior to the effective date of this ordinance, certifying that the structure
continues to be used as a WCF or as an antenna.
B. Once a Notice of Continuing Use is filed, the WCF or antenna shall then be
considered a preexisting use and shall be allowed to continue to be used as it
presently exists.
C. Failure to file a Notice of Continuing Use within one year of the effective date of
this ordinance and provided the carrier has been notified sixty (60) days in
advance of that notice deficiency shall constitute abandonment.
D. Routine maintenance and minor modifications that do not extend the height of
the WCF may be made on preexisting WCFs to allow for co- location.
Replacement of antennas shall be considered routine maintenance, so long as
the new antenna does not increase the height of the WCF. All other
modifications shall require the WCF to comply with the provisions of this
ordinance.
E. For purposes of this section, all antennas and WCFs that have received final
approval in the form of a building permit prior to the effective date of this
ordinance shall be considered existing.
10 -02 -11.11 Airport
A. Any construction sponsor is required to submit a notice to the City, Federal
Aviation Administration (FAA) and Idaho Transportation Department, Division of
Aeronautics if the construction exceeds the following:
1. If the proposed object would be, more than one hundred and fifty
(150) feet above ground level at its location.
2. If the proposed object would be within twenty thousand (20,000) feet
and would exceed one (1) foot in height for each one hundred (100) feet
(100:1) horizontally from the nearest point of the nearest runway.
B. The preferred form of notification is the FAA Form 7460 -1; this form needs to be
filled out in full and include all recommended attachments.
C. An antenna tower will be prohibited if its height exceeds the following:
1. Any of the imaginary surfaces as defined by Federal Aviation
Regulation Part 77 for the most demanding future approach anticipated
for the airport,
2. Any of the surfaces as defined by FAA Handbook 8260.3, United States
Standards for Terminal Instrument Procedures (TERPS) for the most
demanding future approach anticipated for the airport,
3. If it is determined to be a Hazard to Air Navigation by the FAA.
D. Any antenna tower will be marked and lighted in accordance with FAA Advisory
Circular 70/7460 -1K Change 1 if it is determined that:
1. It is a hazard to air flight as defined by Idaho Code 21 -513 through 21-
520 and Idaho Transportation Department Rule No. 39-04.02.
2. It is one hundred and fifty (150) feet above ground level at its location,
3. Lighting and marking is recommended by either the FAA or the Idaho
Division of Aeronautics.
E. The City will use the obstruction determinations prepared by the Federal Aviation
Administration and the Idaho Division of Aeronautics as their own for the purposes
of administering these height restrictions.
10 -02 -11.12 - Other -
A. The placement of WCFs in historical designated areas and within 100 feet of
future designated Presentation Streets is discouraged and may subject the WCF
to additional requirements.
B. In addition to the conditions imposed by this chapter, the Planning and Zoning
Commission and the Hearing Examiner reserve the right to attach additional
conditions, to include specific placement provisions, time durations and financial
bonds.
10 -02 -11.13 - Violations —
A. Any WCF or antenna in violation of this code will receive notification from the City,
including a time provision during which the owner must bring the WCF or antenna
into compliance, which will be based upon the nature of the violation.
B. Once a WCF or an antenna is found to be in violation of this code, the owner shall
make no further construction or modifications of any WCF or antenna located within
the City or its Area of Impact until the requirements for compliance are met.
C. In the event that police, fire, ambulance, or other emergency services experience
interference attributable to the transmissions of a WCF or antenna, the antenna or
WCF will be considered to be in violation of the Ordinance and the service provider
shall immediately reconcile the conflict and provide the municipality a written
correspondence explaining the actions that were taken to pronounce remedy.
D. Failure to comply within a timely manner will result in the removal of the WCF or the
antenna by the city at the owner's expense, equal to 200% of the cost of removal.
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