CHAPTER 10a

PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES

10a-1. Title.

10a-2. Purpose.

10a-3. Findings.

10a-4. Definitions.

10a-5. Application of provisions.

10a-6. Site plan application requirements.

10a-7. Building permits.

10a-8. Priority of antenna site locations.

10a-9. Permitted uses.

10a-10. Non-permitted uses.

10a-11. Co-location requirement.

10a-12. Lease agreements for use of city land.

10a-13. Standards for antennas and antenna support structures.

10a-14. Conditional use permit considerations.

10a-15. Additional requirements for monopoles and towers.

10a-16. Safety requirements.

10a-17. Abandonment.

10a-18. Required site features.

10a-19. Maintenance requirements.

10a-1. Title.

This Ordinance shall be known as the Wireless Telecommunications Zoning Ordinance.

10a-2. Purpose.

The purposes of this ordinance are:

(1) To regulate personal wireless services antennas, with or without support structures, and related electronic equipment and equipment structures.

(2) To provide for the orderly establishment of personal wireless services facilities in the City.

(3) To minimize the number of antenna support structures by encouraging the co-location of multiple antennas on a single structure, by encouraging the location of antennas on pre-existing support structures, and by encouraging the use of City-owned property for antenna support structures.

(4) To establish siting, appearance and safety standards that will help mitigate potential impacts related to the construction, use and maintenance of personal wireless services facilities.

(5) To comply with the Telecommunications Act of 1996 by establishing

regulations that

(a) do not prohibit or have the effect of prohibiting the provision of personal

wireless services;

(b) do not unreasonably discriminate among providers of functionally equivalent services;

(c) are not based on the environmental effects of radio frequency emissions, other than the requirement that such facilities comply with the Federal Communication Commission’s regulations concerning such emissions.

10a-3. Findings.

The City Council makes the following findings:

(1) Personal wireless services devices are an integral part of the rapidly growing and evolving telecommunications industry, and present unique zoning challenges and concerns for the City.

(2) The City needs to balance the interests and desires of the telecommunications industry

and its customers to provide competitive and effective telecommunications systems in the City, against the sometimes differing interests and desires of others concerning health, safety, welfare, and aesthetics, and orderly planning of the community.

(3) The City has experienced an increased demand for personal wireless services facilities

to be located in the City, and expects the increased demand to continue into the future.

(4) It is in the best interests of the City to have quality personal wireless services available, which necessarily entails the erection of personal wireless services facilities in the City.

(5) The unnecessary proliferation of personal wireless services facilities throughout the City creates a negative visual impact on the community.

(6) The visual effects of personal wireless services facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use.

(7) Spacing personal wireless services facilities evenly throughout the city reduces the negative impact created by the proliferation of telecommunication towers.

(8) Because of the height and appearance of personal wireless services facilities, surrounding properties bear a disproportionate share of the negative impacts of a telecommunications tower.

(9) A private property owner who leases space for a personal wireless services facility is the only one who receives compensation for the facility, even though numerous other property owners in the area are adversely affected by the location of the facility.

(10) Encouraging personal wireless services facilities to be located on City property, with lease payments paid to the City instead of an individual property owner, indirectly compensates all citizens of the community for the adverse impacts of the facilities, and is therefore the fairest method of distributing burden and benefit.

(11) Locating antennas on existing buildings and structures creates less of a negative visual impact on the community than the erection of towers.

(12) Buildings and structures on public property can accommodate antenna arrays, thus

reducing the proliferation of towers in all areas of the City.

(13) The public policy objectives to reduce the proliferation of telecommunication

towers and to mitigate their impact can best be facilitated by permitting the locating of wireless communication systems on existing structures located on City owned property.

(14) Stealth facilities, which are facilities designed to disguise the presence of telecommunications facilities, are preferable to towers and other obtrusive support structures which create an unmitigated aesthetic impact on surrounding property.

(15) Because of the obtrusive height and size of telecommunications support structures, such facilities have a more substantial negative visual impact in residential areas than in commercial or industrial areas, which frequently contain other high profile structures.

(16) The site location requirements set forth in this ordinance for the placement of personal wireless services are necessary to protect the heath, safety and general welfare of the community.

(17) Chapter 69-3, Utah Code Annotated, grants cities the authority to create or acquire sites to accommodate the erection of telecommunication towers in order to promote the location of telecommunication towers in a manageable area and to protect the aesthetics and environment of the area. The law also allows the City to require the owner of any tower to accommodate the multiple use of the tower by other companies where feasible and to pay the City the fair market rental value for the use of any City-owned site.

10a-4 Definitions.

The following words shall have the described meaning when used in this ordinance, unless a contrary meaning is apparent from the context of the word.

(1) “Antenna” means a transmitting or receiving device used in telecommunications that radiates or captures radio signals.

(2) “Antenna Support Structures” means any structure that can be used for the purpose of supporting an antenna(s).

(3) “City” means Grantsville City, Utah.

(4) “City-owned Property” means real property that is owned, leased or controlled by the City.

(5) “Co-location” means the location of an antenna on an existing structure, tower or building that is already being used for personal wireless services facilities.

(6) “Guyed Tower” means a tower that supports an antenna or antennas and requires guy wires or other stabilizers for support.

(7) “Lattice Tower” means a self-supporting three or four-sided, open steel frame structure used to support telecommunications equipment.

(8) “Monopole” means a single, self-supporting, cylindrical pole, constructed without guy wires or ground anchors, that acts as the support structure for antennas.

(9) “Monopole Antenna with Platform” means a monopole which includes antennas and antenna support structure which exceed three feet (3') in width, but do not exceed fifteen feet (15') in width or eight feet (8') in height.

(10) “Monopole Antenna with no Platform” means a monopole which includes antennas and antenna support structure that do not exceed three feet (3') in width or ten feet (10') in height.

(11) “Personal Wireless Services” means commercial mobile telecommunications services, unlicensed wireless telecommunications services, and common carrier wireless telecommunications exchange access services.

(12) “Personal Wireless Services Antenna” means an antenna used in connection with the provision of personal wireless services.

(13) “Personal Wireless Services Facilities” means facilities for the provision of personal wireless services. Personal wireless services facilities include transmitters, antennas, structures supporting antennas, and electronic equipment that is typically installed in close proximity to a transmitter.

(14) “Private Property” means any real property not owned by the City, even if the property is owned by another public or governmental entity.

(15) “Roof Mounted Antenna” means an antenna or series of individual antennas mounted on a roof, mechanical room or penthouse of a building or structure.

(16) “Stealth Facilities” means personal wireless services facilities which have been designed to be compatible with the natural setting and surrounding structures, and which camouflage or conceal the presence of antennas and/or towers. The term includes, but is not limited to, clock towers, church steeples, light poles, flag poles, signs, electrical transmission facilities and water tanks.

(17) “Tower” means a free-standing structure, such as a monopole tower, lattice tower, or guyed tower, that is used as a support structure for antenna(s).

(18) “Wall Mounted Antenna” means an antenna or series of individual antennas mounted on the vertical wall of a building or structure.

(19) “Whip Antenna” means an antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending on the frequency and gain for which they are designed.

10a-5. Application of provisions.

This ordinance (the Wireless Telecommunications Zoning Ordinance) applies to both commercial and private low power radio services and facilities, such as “cellular” or PCS (personal communications system) communications and paging systems. This ordinance shall not apply to the following types of communications devices, although they may be regulated by other City ordinances and policies:

(1) Amateur Radio. Any tower or antenna owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

(2) Satellite. Any device designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service or direct satellite service.

(3) Cable. Any cable television headend or hub towers and antennas used solely for cable television services.

10a-6 Site plan application requirements.

Any person, firm or corporation desiring to develop, construct or establish a personal wireless services facility in the City shall submit an application for site plan approval to the City. The City shall not consider the application until all required information has been included. The application shall include the following:

(1) Fee. The fee for site plan review shall be $200.00.

(2) Site Plan. A site plan consisting of one or more pages of maps and drawings drawn to scale. The applicant shall submit five (5) copies of the proposed site plan to the zoning department. One of the copies shall be 8 ½” x 11", and the other four copies shall be at least 8 ½ “ x 11", but not larger than 24" x 36". The proposed site plan shall be drawn to a scale large enough to clearly show all details and in any case not smaller than sixty feet (60') to the inch. The site plan for personal wireless services facilities shall include the following information and items:

(a) Name and street address of the site or location.

(b) Name of applicant.

(c) Name of owner of property.

(d) North arrow.

(e) Scale of drawing.

(f) Area of lot in square feet.

(g) Lot line dimensions.

(h) A vicinity map containing sufficient information to accurately locate the property shown on the plan.

(i) Names and locations of fronting streets and locations and dimensions of public streets, private streets and driveways.

(j) Footprints of existing and proposed buildings and structures, including a notation of each unit’s height above the grade.

(k) Location and size of existing and proposed antennas, with dimensions to property lines.

(l) Location of existing and proposed fire protection devices.

(m) Location, dimensions, and distance to property lines of existing and proposed drive accesses.

(n) Location and dimensions of existing and proposed curbs, gutters, and sidewalks.

(o) Location and dimension of off-street parking spaces.

(p) Location and type of surface water drainage system.

(q) Drawings of proposed structure elevations showing the height, dimensions, appearance and materials proposed.

(r) Location and description (height, materials) of existing and proposed fences.

(s) Location and description (dimensions, distance to property lines and type of lighting (direct or indirect) of existing and proposed signs.

(t) A security lighting plan, if proposed.

(u) Landscape plan to scale indicating size, spacing and type of plantings

(v) A signed lease agreement with the City if the site is located on City property.

(3) Written descriptions to be included with application:

(a) Environment. A full description of the environment surrounding the proposed facility, including a description of adjacent uses, any adjacent residential structures, and any structures and sites of historic significance.

(b) Maintenance. A description of the anticipated maintenance needs for the facility, including frequency of service, personnel needs, equipment needs, and traffic noise or safety impacts of such maintenance.

(c) Service Area. A description of the service area for the antenna or tower and a statement as to whether the antenna or tower is needed for coverage or capacity.

(d) Location. A map showing the site and the nearest telecommunications facility sites within the network, a description of the distance between the telecommunications facility sites, and a description of how this service area fits into the service network.

(e) Licenses and Permits. Copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of the antenna.

(f) Radio Frequency Emissions. A written commitment to comply with applicable Federal Communications Commission radio frequency emission regulations.

(g) Liaison. The name, address, telephone number, and fax number of a contact person who can respond to questions concerning the application and the proposed facility.

(4) Requirements for Monopoles. If the applicant desires to construct a monopole, the applicant shall also submit a detailed written description of why the applicant cannot obtain coverage using existing buildings or structures.

(5) Requirements for Facilities Not Located on Highest Priority Site. If the applicant desires to locate antennas on a site other than the highest priority site (as described in Section 10a-8), the applicant shall provide the following information to the approving authority:

(a) Higher Priority Sites. The identity and location of any higher priority sites located within the desired service area.

(b) Reason for Rejection of Higher Priority Sites. The reason(s) why the higher priority sites are not technologically, legally or economically feasible.

(c) Justification for Proposed Site. Why the proposed site is essential to meet the service demands of the geographic service area and the citywide network.

(6) Approval Process. The application and site plan shall be reviewed by the City’s Planning Commission pursuant to its standard site plan and conditional use permit process. The City shall process all applications within a reasonable time and shall not unreasonably discriminate among providers of functionally equivalent services. Any decision to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by evidence contained in a written record.

10a-7. Building Permits.

(1) General Requirements. No tower or antenna support structure shall be constructed until the applicant obtains a building permit from the City. No building permit shall be issued for any project for which a site plan, amended site plan or conditional use permit is required, until the site plan, amended site plan or conditional use permit has been approved by the appropriate authority. If the design or engineering of the antenna support structure is beyond the expertise of the Building Official, the City may require third party review by an engineer selected by the City prior to the issuance of a building permit. The applicant shall pay an additional fee to cover the cost of the third party review.

(2) Requirements for Monopoles and Towers. If the applicant is constructing a monopole or other tower-type structure, the applicant shall, if requested by the City, submit a written report from a qualified, structural engineer licensed in the State of Utah, documenting the following:

(a) Height and design of the monopole or tower, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design.

(b) Seismic load design and wind load design for the monopole or tower.

(c) Total anticipated capacity of the monopole or tower, including number and types of antennas which can be accommodated.

(d) Structural failure characteristics of the monopole or tower and a demonstration that the site and setbacks are of adequate size to contain debris.

(e) Soil investigation report, including structural calculations.

10a-8. Priority of antenna site locations. (1) Personal wireless services antennas shall be located as unobtrusively as is reasonably possible. To accomplish this goal, the provider shall make a good faith effort to locate antennas on sites in the following order of priority:

(a) Existing structures. Lawfully existing buildings, structures and antenna support structures, provided that the buildings, structures or support structures are:

(i) located in a non-residential zone; or

(ii) located in a residential zone on property that is being used for non-residential uses (e.g. government, school or church); or

(iii) located in a residential zone on a property that is being used for a multi-family residential building having eight or more dwelling units and which is at least thirty-five (35) feet in height.

(b) Stealth facilities. Stealth facilities as defined by this ordinance.

(c) Monopoles on city-owned property. Monopoles constructed on City-owned property.

(d) Monopoles on non-residential private property. Monopoles constructed on private property, provided that the private property is:

(i) located in a non-residential zone; or

(ii) located in a residential zone on property that is used for a non-residential use (e.g. government, school or church); or

(e) Other. Sites other than those listed above.

(2) Burden of Proof. The applicant shall attempt to locate its antennas on sites in the order of priority set forth above. If the applicant desires to locate antennas on a site other than the highest priority site, the applicant shall have the burden of demonstrating to the approving authority why it could not locate antennas on sites with a higher priority than the site chosen by the applicant. To do so, the applicant shall provide the following information to the approving authority:

(a) Higher Priority Sites. The identity and location of any higher priority sites located within the desired service area.

(b) Reason for Rejection of Higher Priority Sites. The reason(s) why the higher priority sites are not technologically, legally or economically feasible. The applicant must make a good faith effort to locate antennas on a higher priority site. The City may request information from outside sources to justify or rebut the applicant’s reasons for rejecting a higher priority site.

(c) Justification for Proposed Site. Why the proposed site is essential to meet the service demands of the geographic service area and the citywide network.

10a-9. Conditional Uses.

The following antenna locations are conditional uses, provided that the applicant complies with other applicable laws and regulations:

(1) Existing Structures on City-owned Property. Existing buildings, structures and antenna support structures located on City-owned property.

(2) Existing Structures on Private Property. Lawfully existing buildings and structures located on private property, provided that the private property is

(a) located in a non-residential zone, or

(b) located in a residential zone on property that is used for a non-residential use (e.g. government, school or church), or

(c) located in a residential zone on property that includes a multi-family residential building having eight (8) or more dwelling units and which is at least thirty-five (35) feet in height.

(3) Co-location. Co-location on a lawfully existing antenna support structure located on private property.

(4) Monopoles in Industrial Areas. Monopoles constructed in industrial or manufacturing zones.

(5) Stealth Facilities in Non-residential Zones. Stealth facilities constructed in non-residential zones, unless they are constructed as part of a structure for which a conditional use permit is otherwise required, in which case they shall be conditional uses.

10a-10 Non-Permitted Uses.

The following antenna types and antenna locations are not permitted, except upon a showing of necessity (inability to achieve coverage or capacity in the service area) by the applicant, in which case they shall be considered as conditional uses:

(1) Lattice Towers and Guyed Towers. Lattice towers, guyed towers, and other non-stealth towers, with the exception of monopoles, are not permitted in any zone.

(2) Monopoles on Private Property in a Residential Zone. Monopoles located on residentially zoned private property, if the residentially zoned property has a residential use (as opposed to a school, church, or other non-residential use).

(3) Conditional Uses. Antennas proposed for any other location shall be considered as conditional uses, provided that the applicant complies with other applicable laws and regulations.

10a-11 Co-location Requirement.

Unless otherwise authorized by the approving authority for good cause shown, every new monopole shall be designed and constructed to be of sufficient size and capacity to accommodate at least one additional wireless telecommunications provider on the structure in the future. Any conditional use permit for the monopole may be conditioned upon the agreement of the applicant to allow co-location of other personal wireless providers on such terms as are common in the industry.

10a-12 Lease Agreement.

The City shall enter into a standard lease agreement with the applicant for any facility built on City property. The Mayor or the Mayor’s designee is hereby authorized to execute the standard lease agreement on behalf of the City. The Lease shall contain the condition that the site plan and/or conditional use permit must first be approved by the approving authority before the lease can take effect, and that failure to obtain such approval renders the lease null and void.

10a-13 Standards for Antennas and Antenna Support Structures.

Personal wireless services facilities are characterized by the type or location of the antenna structure. There are five general types of antenna structures contemplated by this ordinance: wall mounted antennas; roof mounted antennas; monopoles with no platform; monopoles with a platform; and stealth facilities. If a particular type of antenna structure is allowed by this ordinance as a conditional use, the minimum standards for that type of antenna are as follows, unless otherwise provided in a conditional use permit:

(1) Wall Mounted Antennas.

(a) Maximum Height. Wall mounted antennas shall not extend above the roof line of the building or structure or extend more than four (4) feet horizontally from the face of the building.