HomeMy WebLinkAbout4321-09/14/1998 BLACK HAWK COUNTY IOWA:SS 14��t�-1
Filed for record Dec 23 , 19 98 at '�^
4:00 P ,;;. and recorded IT Book 332
!2ECORDER's NOTE Mi sc of Misc Page 837
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page 844 of this i !11 Recorder
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document, it may campA CITY Oh wATERLO0 45 �0/
not microfilm uniformly. CLERK/AUDITOR
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4321
AN ORDINANCE AMENDING ZONING ORDINANCE NO.
2479, AS AMENDED, BY ADDING SUBSECTION (0)
WIRELESS COMMUNICATION TOWERS TO SECTION 2A-
48, EXCEPTIONS AND MODIFICATIONS, OF PART
XXIV, EXCEPTIONS AND MODIFICATIONS .
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA:
That Subsection (0) Wireless Communication Towers, of
Section 2A-48, Exceptions and Modifications, of Part XXIV,
Exceptions and Modifications, of the Waterloo Zoning Ordinance
No. 2479, as amended, is hereby added as follows :
0. Wireless Communication Towers
1. Purpose. The special provisions of this section are
intended to regulate the location of new communication
towers and antennas . The Telecommunications Act of 1996
restructured and deregulated many aspects of the country' s
communication industry. New telecommunication providers
entering the market desire to build a network that can
require additional freestanding communication towers as well
as antennas mounted on existing buildings and other
structures.
It is the desire of the City of Waterloo to encourage an
aesthetically pleasing local environment . It is also the
intent of the City to encourage the expansion of wireless
technology, because it provides a valuable service to
residents and businesspersons in the city. It is not the
City' s goal to unreasonably discriminate among providers of
functionally equivalent services; and to not have the effect
of prohibiting, either directly or indirectly, the
provisions of personal wireless services . It is the goal to
encourage wireless providers to construct new facilities
disguised as public art pieces, as natural vegetation, or to
mount antenna on buildings in a way that blends
architecturally with the built environment . In accordance
with applicable zoning regulations, any request to place,
construct, or modify personal wireless service facilities
shall be acted on within a reasonable time after the request
is duly filed with the proper City office, taking into
account the nature and scope of each request . Any decision
to deny a request to place, construct, or modify personal
wireless service facilities shall be in writing and
supported by substantial evidence contained in a written
record.
MK 332 PACE U:! I
'Ordinance No. 4321
Page 2
a. Goals.
1) To minimize the adverse visual effects of communication
structures through careful design, siting, locating,
and screening;
2) To locate and engineer communications support
structures to mitigate potential damage to adjacent
properties from structural failure.
3) To allow for the reasonable location and efficient use
of communication structures through co-location of
carriers; and
4) To preserve and improve the peace, safety, health,
welfare, comfort, and convenience of the citizens of
the City of Waterloo.
2 . Definitions, as used in this Chapter:
a. "Multiple use facilities (Co-location effort) " - wireless
communication facilities that are shared with other
existing or newly constructed uses, such as, but not
limited to, (sports field lights, retail business
highway signs, flag poles, or other shared competing
communications facilities, etc . ) .
b. "Monopoles" - a self-supporting, cylindrical , metallic
pole used as a communications support structure and
engineered to support more than one communications
carrier in exchange for a rental fee.
c . "Camouflage Design" - Camouflage design is a term
describing a piece of art, or an architectural structure
or element, that functions as a communications facility
and aesthetically blends with the surrounding historical
or aesthetically-sensitive environment . Examples of
camouflage design include, but are not limited to, flag
poles, clock towers, monuments, and church steeples .
Camouflage design also applies in the architectural
integration of communication facilities onto existing
buildings, sports field lights, highway signs, water
towers, etc . All such designs are subject to review and
approval of the communications carrier, the landlord, and
the Planning Programming & Zoning Staff . If deemed to be
of major significance, the request would be contingent
upon final approval by the Board of Adjustment, after
review by the Planning Programming & Zoning Commission.
d. "Structure height" -- The vertical distance measured from
the base of the antenna support structure at grade to the
highest point of the structure. If the support structure
is on a sloped grade, then the average between the
highest and lowest grades of the cell site shall be used
in calculating the height .
COOK 332 paer 838
' 'Ordinance No. 4321
• . Page 3
e. "Communications structure" - Any tower or any other
structure that supports devices used in the transmission
or reception of microwave energy, analog data transfer
techniques, radio frequency energy, and other digital
data transfer techniques .
f . "Communication structure site" - A tract or parcel of
land that contains the wireless communication structure,
accessory building (s) , and parking, and may include other
uses associated with and necessary for wireless
communication and transmission.
g. "Tall structure" - Any structure the top of which is more
than fifty (50) feet above grade.
h. "Minimum height" - The lowest vertical distance at which
the structure can still operate at an efficient level of
service. An efficient level of service is deemed to be
95% or greater of possible operative levels .
i . "Effectively screened"- An area of planting which
provides an effective visual barrier. For a single row
the screen shall consist of Spruce, Firs, or Pines spaced
at a maximum spacing of 15 feet or a double staggered row
of Spruce, Firs, or Pine spaced at a maximum spacing of
20 feet within each row; for Arborvitae and Juniper the
spacing shall be a double staggered row with maximum
spacing of 10 feet within each row, or a single row with
maximum spacing of 6 feet .
j . "Significance, Minor" - requests meeting the criteria as
described in the Process Section 3a. Also, in compliance
with the Design Standards.
k. "Significance, Major" - requests meeting the criteria as
described in the Process Section 3b. Also, any deviation
from the Design Standards may classify a formerly minor
significant request to this stature. Such decision is up
to the discretion of the City Planner and his/her
designee .
3 . Process
a. Minor significance. The proposed structure shall be
subject to staff review by the City Planner and his/her
designee, if any of the following are true:
1) Agricultural and Industrial zoning classifications
a. All proposed structures to be constructed using
camouflage design, to visually disguise them or
architecturally integrate them from the public view
and their surroundings.
b. All proposed structures co-located onto an existing
communications facility or structure at least 50
feet in height .
c. All proposed structures set back 1 . 5 times the
height of the tower from the nearest property line
and are of monopole design.
Eos 33?pper 8?9
Ordinance No. 4321
• Page 4
2) Commercial zoning classifications
a. All proposed structures to be constructed using
camouflage design, to visually disguise them or
architecturally integrate them from the public view
and their surroundings.
b. All proposed structures co-located onto an existing
communications facility or structure equal to or
greater than 50 feet in height .
3) Residential zoning classifications
a. All proposed structures to be constructed using
camouflage design, to visually disguise them or
architecturally integrate them from the public view
and their surroundings .
b. Major significance. The proposed structure shall require
review by the Planning Programming & Zoning Commission
contingent upon final approval by the Board of
Adjustment, if any of the following are true:
1) Agricultural and Industrial zoning classifications
a. Lattice or guyed design towers as specified in
Section 6e as contained herein.
2) Commercial zoning classifications
a. Any structure not employing camouflage design or co-
located upon an existing communications facility or
structure equal to or greater than 50 feet in
height .
3) Residential zoning classifications or uses
a. Any structure not employing camouflage design.
4 . Where Permitted. The proposed structure is classified as a
permitted use, upon approval as noted above in Sections 3a
and 3b, if any of the following are true :
a. Agricultural and Industrial zoning classifications and
any other specific plans allowing such uses :
1) Communication structures are not permitted within 150
feet of an interstate or state highway. The tower
shall be setback a distance equal to 1 . 5 times the
height of the tower. This shall be measured from the
outer most point of the base to the nearest property
line.
2) When mounted on a building and architecturally
integrated into an existing structure and/or multiple
use facilities .
3) When designed with camouflage design.
b. Residential and Commercial zoning classifications and
specific plans allowing such uses:
1) When mounted on a building and architecturally
integrated into an existing structure and/or multiple
use facilities .
2) When designed with camouflage design.
Pocx 332e.,r:F 840
Ordinance No. 4321
Page 5
5. Design Standards. The proposed structure must comply with
the following provisions prior to the issuance of any
permits.
a. Necessity. The wireless communications company shall
demonstrate that the antenna must be located where it is
proposed in order to satisfy the antenna' s function in
the company' s grid system.
b. Co-location Effort. If the wireless communications
company proposes to build a tower (as opposed to mounting
the antenna on an existing tall structure) , it shall
demonstrate a reason of substantial nature describing
the inability to co-locate . This demonstration shall
utilize one or more of the following criteria to
satisfactorily illustrate why co-location on an existing
tall structure is infeasible :
i. Structural Infeasibility. The wireless communications
company shall provide a structural analysis to show the
structural loading, minimum height, available space on
the existing structure, or available ground space at
the proposed site is inadequate to serve its needs for
a viable communications structure site.
ii. Engineering Infeasibility. The wireless communications
company shall provide engineering studies to show that
the existing tall structure cannot be satisfactorily
engineered to meet the coverage and/or capacity demands
of its customers or function in its grid system.
iii. Economic Infeasibility. Co-location on an existing
tall structure is an incentive to, and is in the
economic best interest of, each wireless communication
company as co-location reduces the cost to deploy each
communication site. Where negotiation to co-locate on
an existing tall structure fails, the wireless
communications company shall provide evidence, to
include written assurances in the form of affidavits,
that it could not obtain permission from owners of tall
structures within a quarter (1/4) mile radius of the
proposed site to install its antennas on those tall
structures.
The Zoning Board of Adjustment may deny the permit if it
concludes that the applicant has not made a good faith
effort to mount the antenna on an existing structure or
for any other reason within the scope of the Board of
Adjustment' s authority.
c. Structure Height . The applicant shall demonstrate, to
the reasonable satisfaction of the Planning, Programming,
and Zoning Commission; and the Board of Adjustment, that
the structure is the minimum height required to function
satisfactorily while simultaneously providing adequate
structural height for possible co-locators . The Board of
Adjustment has the right to deny any structures above the
determined height unless otherwise shown the structure
would be inoperable.
BOK 332 wF 841
Ordinance No. 4321
Page 6
d. Setbacks From Base of Structure. The minimum distance
between the base of the structure or any guy anchors and
any property line shall be the largest of the following:
1) Fifty (50%) percent of antenna height .
2) The minimum setback in the underlying zoning district .
3) Sixty (60) feet .
e. Structure Safety. The applicant shall demonstrate
through proof of insurance, compliance with setback
requirements, and submittal of engineering studies, that
the proposed structure is safe, according to the
Electronic Industries Association Standards (EIA Standard
222 in regards to structural standards for steel antenna
towers and antenna support structures) for its design,
according to 1996 FCC Regulations in terms of radio
frequency transmissions, and the surrounding areas will
not be negatively affected by structure failure. All
support structures shall be fitted with anti-climbing
devices, as approved by the manufacturers . Any such
failure or interference shall be the responsibility of
the applicant to remedy.
f. Fencing and Landscaping. An opaque fence shall be
installed around the antenna support structure and other
equipment, unless the antenna is mounted on an existing
structure or stealth technology is employed. . The fence
shall be a minimum of six (6) feet in height and serve to
screen the base of the structure and improve security.
No such fence may use barbed wire closer than six (6)
feet to the ground. Said fencing shall be effectively
screened on the outside (as defined in this section) .
g. Co-location. In order to reduce the number of
communication structures in the community, the proposed
structure shall be required to accommodate other users,
including other wireless communication companies, and
local police, fire and ambulance companies .
h. FCC License. The wireless communication company shall
provide proof that it is licensed by the Federal
Communications Commission to conduct business in the
Waterloo market .
i. Required Parking. If the communication structure site is
fully automated, adequate parking shall be required for
maintenance workers . If the site is not automated, the
number of required parking spaces shall equal the number
of people on the maximum working shift . Structures must
be constructed of a material compatible with existing
abutting property building unless specifically proven to
be unattainable. This is to reduce the visual impact of
the structure and create an appearance which is
compatible and harmonious with the surroundings .
j. Painting. Antenna support structures shall be painted,
if determined necessary in process of request, in such a
manner as to reduce the visual impact and create a
harmonious appearance with their surroundings.
EOCK 332 r4 E 842
Ordinance No. 4321
Page 7
k. Site Plan. A full site plan shall be required for all
communication structure sites, showing the structure,
antenna, antenna support structure, building, fencing,
buffering, and access.
1. Air Safety. All structures will be in compliance with
the City of Waterloo Airport Ordinance and meet the
guidelines for an FAA Determination (of no hazard) .
6 . Other Design Requirements.
a. Support facilities such as equipment rooms and cabinets
and cellular switching devices shall be designed to match
the architecture of adjacent buildings . In the event the
wireless company chooses not to house support facilities
such as equipment rooms and cellular switching devices,
the facility shall be screened from public view by walls,
fences., trellises, landscaping, or similar treatments .
b. No chain link fence associated with any wireless
communication facility is permitted unless effectively
screened as defined in this section.
c . Temporary poles may be permitted for a period of up to
six months, subject to review and extension, if an
application for a permanent facility has been filed and
the necessity for temporary service can be proven to the
satisfaction of the City. Final approval of a temporary
facility shall be subject to the review and approval as
defined in the process section.
d. Lattice towers shall not be permitted anywhere in the
City unless located in an Agricultural zone, designated
in the Long Range Land Use Plan for industrial use, or an
Industrial zone. These towers shall be constructed with
a setback from any r-o-w lines, property lines, or
residential districts which shall be equal to or greater
than 1 . 5 times the height of the tower.
e . All utilities associated with wireless communication
facilities shall be underground unless demonstrated by
the company that the local utility company has determined
that it is impractical . This regulation applies only in
residential or commercial zoning classifications.
f . The facility operator or property owner shall be
responsible for maintaining the facility in good
appearance, which shall include but not be limited to,
regular cleaning of the facility, keeping the facility
painted as needed, keeping bird nests and other similar
items clear of the antenna area, and all-around
maintenance of the facility.
EG K 332wE840
Ordinance No. 4321
Page 8
7 . Abandonment.
a. All approvals for wireless communication facilities shall
be in effect only while the facilities are being operated
on a continual basis . When the use is replaced or
discontinued for a period of six months, the approvals
will lapse; and the operator or property owner shall be
required to remove the facility and all associated
equipment and restore the property to its original or
otherwise acceptable condition, subject to the approval
of the City Planner or his/her designee .
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EXHIBIT C
Examples of Possible Public:Art Pieces that Provide Antenna Space
FocK 3 2Pa.�E844
Ordinance No. 4321
Page 9
INTRODUCED: September 14, 1998
PASSED 1ST CONSIDERATION: September 14, 1998
PASSED 2ND CONSIDERATION: September 14, 1998
PASSED 3RD CONSIDERATION: September 14, 1998
PASSED AND ADOPTED by the City Council of the City of Waterloo,
Iowa, on the 14th day of September, 1998, and approved by the
Mayor on the 16th day of September, 1998 .
1 , '/td4l
Jo n R Roof f, May./1
ATTEST:
‘4111/1
Nancy Ec rt, City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4321, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 14th day of September, 1998 .
Witness my hand and seal of office this 16th day of September,
1998 .
sem-
Nancy Ec rt, City Clerk
SEAL
ROOK 33?PArc 84.5
•
FORM 1 1 T.
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Black Hawk County, Ordinance 4321
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