12.140 Wireless Telecommunications Facilities

A. Purpose. The purposes of this section are: 1. to establish location, appearance, and safety standards that will help mitigate potential impacts related to the construction, use, and maintenance of telecommunications facilities; 2. to provide for the orderly establishment of telecommunications facilities in the City; 3. to minimize the number of antenna support structures by encouraging the location of antennas on pre-existing support structures, encouraging the use of stealth facilities, encouraging the co-location of multiple antennas on a single structure, and encouraging the use of City– owned property for antenna support structures; and 4. to comply with the Telecommunications Act of 1996 by establishing regulations that do not prohibit or have the effect of prohibiting the provision of personal wireless services, do not unreasonably discriminate among providers of functionally equivalent services, and are not based on the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission’s regulations concerning such emissions. B. Definitions. The following words shall have the described meaning when used in this Section: Antenna. A transmitting or receiving device used in telecommunications that radiates or captures radio signals. Antenna Support Structure. Any structure that can be used for the purpose of supporting an antenna. City. The City of Lehi, Utah. City-owned Property. Real property that is owned, leased, or controlled by the City. Co-location. The location of an antenna on an existing structure, tower, or building that is already being used for telecommunications facilities. Equipment Facility. Any building, shelter, or cabinet used by telecommunication providers to house switching, backup, or other equipment at a telecommunications facility. Guyed Tower. A tower that supports an antenna and requires guy wires or other stabilizers for support. Lattice Tower. A self-supporting three or foursided, open steel frame structure used to support telecommunications equipment or antennas. Monopole. A single, self-supporting, cylindrical pole, constructed without guy wires or ground anchors that acts as the support structure for antennas. Non-Residential Use. A school, church, clubhouse, or public or government building in a Residential Zoning District. For the purposes of this Section the Mixed Use Zone shall be considered a residential zone. For projects located in the PC and RC Zones, the determination of whether a property is zoned residential or non-residential shall be based on the approved area plan land use map. Non-Residential Zone and Residential Zone. For the purposes of this Section, the Mixed Use Zone shall be considered a residential zone. For properties located in the PC and RC Zones, the determination of whether a property is zoned residential or non-residential shall be based on the approved area plan land use map. Non-Stealth Design. Any antenna or equipment facility not camouflaged in a manner to blend with surrounding land uses, features or architecture. The design does not conceal the intended use of the telecommunications facility. A monopole with equipment facilities above ground and unscreened would be considered non-stealth. Personal Wireless Services or PCS. “Personal wireless services” has the same meaning as provided in Section 704 of the Telecommunications Act of 1996 (47 U.S.C. § 332(c)(7)(c)), which includes what is commonly known as cellular and Personal Communication System (PCS) services. Private Property. Any real property not owned by the City or another public or governmental entity. Roof Line. On buildings without a pitched roof, the roof line shall mean the top of the exterior wall elevation. On buildings with a pitched roof, roof line shall mean the ridgeline of the roof. Roof Mounted Antenna. An antenna or series of individual antennas mounted on a roof, mechanical room, or penthouse of a building or structure. Stealth Facilities. Wireless facilities that have been designed to be compatible with the natural setting and surrounding structures, which camouflage or conceal the presence of antennas or towers, and that have been certified as “stealth facilities” by the Planning Commission. Telecommunications Facility. An unmanned structure which consists of equipment, including transmitters, antennas, antenna support structures, and equipment facilities as defined herein, that transmit or receive voice or data communications through wireless radio signals such as cellular or PCS communications and paging systems. Top-hat Antenna. A spatial array of Antennas, generally located on a free-standing structure, where the visible width of antennas and antenna mounting structures are more than three feet in width as viewed looking directly at the structure. Tower. A free-standing structure, such as a monopole tower, lattice tower, or guyed tower, that is used as a support structure for an antenna. Utility Pole Antenna. Any antenna mounted directly to an existing City-owned power pole or street light pole with the exception of decorative streetlights. This definition shall not include poles carrying telephone lines or any other type of utility not specifically included above. Wall Mounted Antenna. An antenna or series of individual antennas mounted on the vertical wall of a building or structure. Whip Antenna. An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed. Wireless Telecommunication Facility. See Telecommunication Facility. C. Findings. The Planning Commission and City Council make the following findings: 1. Personal wireless services are of increasing importance and value to the citizens of Lehi. The growing industry and evolving technology continue to increase the quality of life for city residents and contribute to the public safety, health, and welfare of the city. Accommodating the expansions of networks and transmission facilities is important to creating a well-connected, functioning 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 safety, welfare, aesthetics, and orderly planning of the community. 3. The unnecessary proliferation of telecommunications facilities throughout the City creates a negative visual impact on the community. 4. The visual effects of telecommunications facilities can be mitigated by fair standards regulating their sitting, construction, maintenance, and use. 5. Locating antennas on existing buildings and structures, or constructing an antenna as a stealth facility, creates less of a negative visual impact on the community than the erection of towers. 6. The public policy objectives to reduce the proliferation of telecommunication towers and to mitigate their impact can best be facilitated by encouraging the use of less visually intrusive antennas and permitting the locating of wireless communication systems on telecommunication towers and antenna support structures that are located on property that is owned, leased, or used by the City. 7. The City owns numerous large parcels of property evenly spread throughout the City, where telecommunications facilities can be located so as to be as inoffensive as possible to the residents and businesses of the City. 8. Transmission facilities are subject to State and Federal Laws that include possible requirements for wireless providers to make room on transmission facilities for collocation of other carriers as well as local government authority to create or acquire sites to accommodate the erection of telecommunication towers. This authority allows a city to promote the location of telecommunication towers in a manageable area and to protect the aesthetics and environment of the area. D. Applicability. This Section applies to both commercial and private low power radio services and facilities, such as cellular or PCS communications and paging systems. All cellular facilities shall comply with the regulations set forth in this Section and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration. Neither the term “telecommunication facility” nor the requirements of this Section shall apply to the following types of communications devices, although they may be regulated by other City ordinances and policies: 1. amateur radio, meaning any tower or antenna owned and operated by an amateur radio operator licensed by the Federal Communications Commission; 2. satellite, meaning any device designed for over-the-air reception of television broadcast signals, multi-channel multipoint distribution service, or direct satellite service; 3. cable, meaning any cable television headend or hub towers and antennas used solely for cable; or 4. wireless internet broadcasting. E. Approval Process. All applications for telecommunications facilities require review and approval by the Planning Commission. Applications shall be processed in accordance with the City’s permitted or conditional use permit approval process, whichever is applicable according to the requirements of this Section. An exception to this is when a wireless carrier applies for a facility to be collocated on a monopole or other structure that was specifically designed and approved with room for one or more collocated transmission facilities. In this case, the submission requirements will be the same, but the site plan may be approved administratively by the Zoning Administrator or the Administrator’s designee. F. Application Requirements. Any person desiring to develop, construct, or establish a telecommunication facility in the City shall submit an application for site plan approval to the City in accordance with the requirements of Section 11.230 of this Code. Telecommunication facilities that require conditional use approval shall also file an application for conditional use and will be subject to the conditional use requirements of this section and Chapter 9 regarding Conditional Uses. G. Building Permits Required. Prior to the construction of any telecommunications facility, the applicant shall obtain the proper building permits, road cut permits, and other permits as required by the City. No building permit shall be issued until the facility has been approved by the appropriate authority based on the requirements of this section. H. Location and Type Priority. 1. Priority of Antenna Site Locations. Telecommunication facilities shall be located as unobtrusively as is reasonably possible. To accomplish this goal, the provider shall make a good faith effort to site antennas in the following order of priority: (a) Existing Structures or Stealth Facilities. First priority shall be granted to antennas lo- cated on existing structures or antennas qualifying as stealth facilities, as follows: (i) Existing Structures. Antennas located on lawfully existing buildings, structures, and antenna support structures, provided that the buildings, structures, or support structures are: (1) located on a telecommunication facility designed and approved for collocation, (2) located in a non-residential zoning district, or (3) located in a residential zoning district on property that is being used for nonresidential uses such as government, school, or church; or (ii) Stealth Facilities. Antennas certified as stealth facilities as set forth in this ordinance. (b) Monopoles on City-owned Property. Monopoles constructed on City-owned property. (c) Monopoles on property owned by a non-City public agency. Monopoles constructed on property owned by a non-City public agency. (d) Monopoles on Nonresidential Private Property. Monopoles constructed on private property, provided that the private property is (1) located in a nonresidential zoning district, or (2) located in a residential zoning district on property that is used for a nonresidential use such as government, school, or church. (e) Other. Any combination of antenna type and location other than those listed in this subsection. 2. Burden of Proof. 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 Planning Commission 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 reasons why the higher priority sites are not technologically, legally, or economically feasible. The applicant shall 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. 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, structures, or stealth facilities. I. Permitted Uses. The following combinations of antenna types and locations are permitted uses, provided that the applicant complies with this Section and any other applicable laws and regulations: 1. existing antennas located on existing buildings, structures and antenna support structures located on City-owned property; 2. existing wall and roof mounted antennas located on lawfully existing buildings and structures located on private property, provided that the private property is: (a) located in a nonresidential zone, or (b) located in a residential zone on property that is used for a nonresidential use such as government, school, or church; 3. co-location on a lawfully existing antenna support structure approved for collocation provided the new antennas meet the size, height and other applicable monopole antenna requirements contained in this Section; and 4. stealth antennas certified as such by the Planning Commission that are located on a parcel in a nonresidential zoning district or in a residential zoning district containing a nonresidential use. J. Conditional Uses. The following combinations of antenna types and locations shall be considered as conditional uses, provided that the applicant complies with this Section and other applicable laws and regulations: 1. wall mounted antennas, roof mount antennas, and stealth facilities located in an R-2, R-2.5, R-3 or PC zone on property that is being used for a multi-family residential building having ten or more dwelling units; 2. monopoles in nonresidential zoning districts, including the I, LI, C, and BP Zones; and 3. combinations of antenna types and locations other than those listed in this section as permitted uses or as not permitted uses. K. Not Permitted Uses. The following antenna types and antenna locations are not permitted, except upon a showing by the applicant of necessity of inability to achieve coverage or capacity in the service area, in which case they shall be considered as conditional uses: (a) lattice towers, guyed towers, and other non-stealth towers, with the exception of monopoles, are not permitted in any zoning district; (b) monopoles located on residentially zoned private property, if the residentially zoned property has a residential use, as opposed to a school, church, or other nonresidential use; and (c) whip antennas on wall mounted support structures. L. Specific Regulations by Type. Wireless facilities are characterized by the type or location of the antenna structure. There are four general types of antenna structures contemplated by this ordinance: wall mounted antennas, roof mounted antennas, stealth facilities, and monopoles. If a particular type of antenna structure is allowed by this ordinance as a permitted or 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 feet horizontally from the face of the building. (b) Setback. Wall mounted antennas shall not be located within 20 feet of a residential zoning district unless it is located on a nonresidential structure as approved by this Section. (c) Mounting Options. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered to be wall mounted antennas if no portion of the antenna extends above the roof line of the parapet wall, penthouse, or mechanical equipment room. (d) Color. Wall mounted antennas, equipment, and supporting structures shall be painted to match the color of the building or structure, or the background against which they are most commonly seen. Antennas and the supporting structure on the building shall be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure, but may be camouflaged in a stealth facility as per stealth requirements of this Section. (e) Maximum Area. The total area for all wall mounted antennas and supporting structures on any one building shall not exceed five percent of any exterior wall of the building. 2. Roof Mounted Antennas. (a) Maximum Height. The maximum height of a roof mounted antenna shall be 18 feet above the roof line of the building. (b) Setback. Roof mounted antennas shall be setback from the exterior wall of the building or structure a distance at least equal to the height of the antenna above the roof. (c) Mounting Options. A roof-mounted antenna shall be mounted only on structures with flat roofs. Roof mounted antennas may be mounted directly on a roof, or on top of existing penthouses or mechanical equipment rooms if the total height of the antennas do not exceed 18 feet above the roof line of the building. (d) Color. Roof mounted antennas, equipment, and supporting structures shall be painted to match the color of the building or structure, or the background against which they are most commonly seen. Antennas and supporting structures shall be architecturally compatible with the building. (e) Combination of Wall and Roof Mounted Antennas. Any building may have a combination of wall and roof mounted antennas meeting the requirements of this Section. 3. Stealth Facilities. (a) Determination. Not every disguised or screened telecommunication facility qualifies as a stealth facility. Whether or not a particular facility qualifies as a stealth facility shall be decided by the Planning Commission as part of the approval process. In making the decision, the Planning Commission shall consider the definition of stealth facilities set forth in this Section and shall consider whether the facility is disguised, blended or screened in a manner that eliminates any negative impact of the telecommu- nication facility. Each stealth facility certification applies to one location only. Because of differing circumstances specific to each site, an antenna that qualifies as a stealth facility in one location may not qualify as a stealth facility in a different location. (b) Maximum Height. The overall height of any structure proposed to be used for a stealth fixture antenna shall be consistent with any similar structure being used as a model for the stealth structure. A stealth fixture shall be no more than ten feet higher than the structure to which it is attached, provided the fixture and the structure to which it is attached is consistent with the character of similar structures located in the same area, as determined by the Planning Commission. The Planning Commission shall make specific findings to support its determination. (c) Disguise. A stealth fixture antenna shall be disguised as part of the structure to which it is attached or otherwise concealed from public view as much as reasonably possible. A stealth fixture antenna may be attached to or disguised as a flag pole, light pole, power pole, manmade tree, clock tower, steeple, or a structure used primarily for another use so long as any antenna located on the structure does not detract visually from the primary use. Stealth fixture antennas and all associated equipment visible to public view shall be painted to match the color of the structure to which it is attached. Equipment and/or equipment shelters used in connection with stealth fixture antennas shall be camouflaged. (d) Engineered Structure. A structure to which a stealth fixture antenna is attached shall be designed by a state certified engineer to verify that the structure can support the stealth fixture antenna. (e) Antenna Size. A stealth fixture antenna, including the mounting structure, shall not exceed 30 inches in diameter, provided, however, that antennas exceeding 30 inches, including the mounting structure, may be permitted if the antenna is a stealth fixture antenna located on or within a clock tower, steeple, manmade tree, or other similar structure. (f) Conversion. Subject to Planning Commission approval, stealth facilities may include the conversion of existing flagpoles, light standards, athletic field lights or other similar structures to a stealth facility provided the structure’s height is not increased more than ten feet. (g) Utility Pole Antennas. Utility pole antennas may be allowed as a stealth facility at the discretion of the Planning Commission and subject to the following minimum requirements: (i) Location. Utility Pole Antennas may only be located on existing City owned utility poles except for decorative street lights. (ii) Method of Mounting. Such antennas shall be designed and installed by the applicant according to Lehi City Power Department specifications and requirements. (iii) Height. Antennas shall not extend more than ten feet above the top of the pole. (iv) Antenna Size. The antennas, including the mounting structure, shall not exceed 24 inches in diameter. (v) Electrical Equipment. Electrical equipment shall not be located in the public right-of-way. (vi) Agreement. Each telecommunication provider is required to enter into an agreement with the City prior to installing any telecommunication facilities in a public right of way. The City shall review site plan conditions prior to the execution of the agreement. 4. Monopoles. (a) Justification. If the applicant desires to construct a monopole, the applicant shall first submit a detailed written description of why the applicant cannot obtain coverage using existing buildings, structures, or stealth facilities. The description shall include a radio frequency engineering review of the proposed Monopole Telecommunication Facility in relation to the requested height and possible alternative locations. (b) Visual Analysis. The applicant shall submit a visual analysis which may include photo simulation, field mock up, or other techniques, which identifies the potential for visual impacts of the proposed monopole. The analysis shall consider views from public areas (streets, parks, etc.) and from private residences. (c) Maximum Height. The maximum height of the monopole or monopole antenna shall be 60 feet, although the Planning Commission may allow an antenna or antenna support structure up to 120 feet in height, if the applicant demonstrates to the satisfaction of the approving body that the additional height is necessary to obtain coverage or to allow co-location, and that the applicant has taken steps to mitigate adverse effects on the surrounding neighborhood. The antenna itself shall not exceed ten feet in height. (d) Setback. Monopoles shall be set back a minimum distance equal to four times the height of the proposed monopole structure from any residential lot line, measured from the base of the monopole to the nearest residential lot line unless the applicant can demonstrate that a lesser distance is necessary as demonstrated in a certified radio frequency engineering report. (e) Antenna Sizing. The maximum visible width of antennas and antenna support structures on a monopole shall not exceed eight feet in height or three feet in width as viewed looking directly at the Monopole at same elevation as the Antennas and Antenna Support Structure. “Top Hat” design is not permitted. (f) Color. A surface treatment may be required as part of the conditional use permit so that monopoles, antennas, and related support structures match the background against which they are most commonly seen. (g) Distance from other Monopoles. Monopoles and towers shall be located at least one half mile from each other, except upon a showing of necessity by the applicant, or upon a finding by the Planning Commission that a closer distance would adequately protect the health, safety, and welfare of the community. This distance requirement shall not apply to stealth facilities or to antennas attached to lawful structures such as transmission towers, utility poles, outdoor lighting structures, and water tanks. (h) Location on Parcel. Monopoles shall be located as unobtrusively on a parcel as possible, given the location of existing structures, nearby residential areas, and service needs of the applicant. Monopoles shall not be located in a required landscaped area or buffer area. (i) Co-Location Requirement. Unless otherwise authorized by the Planning Commission 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. M. Additional Conditional Use Permit Considerations. In addition to the conditional use permit considerations listed in Chapter 9 of this Code, the Planning Commission shall also consider the following factors when deciding whether to grant a conditional use permit for a telecommunication facility: 1. Compatibility. Compatibility of the facility with the height, mass, and design of buildings, structures, and uses in the vicinity of the facility. 2. Screening. Whether the facility uses existing or proposed vegetation, topography, or structures in a manner that effectively screens the facility. 3. Parcel Size. Whether the facility is located on a parcel of sufficient size to adequately support the facility. 4. Location on Parcel. Whether the structure is situated on the parcel in a manner that can best protect the interests of surrounding property owners, but still accommodate other appropriate uses of the parcel. 5. Location in General. Whether location or colocation of the facility on other structures in the same vicinity is practicable, without significantly affecting the antenna transmission or reception capabilities. 6. Co-location. The willingness of the applicant to allow co-location on its facility by other personal wireless services providers on such terms as are common in the industry. N. Lease Agreement. The City has no implied obligation to lease any particular parcel of City-owned property to an applicant. The City shall enter into a standard lease agreement with the applicant for any facility built on City property. The City Manager or 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 or conditional use permit shall first be approved by the Planning Commission before the lease can take effect, and that failure to obtain such approval renders the lease null and void. O. Safety. 1. Regulation Compliance. (a) Compliance with FCC and FAA regulations. All operators of wireless facilities shall demonstrate compliance with applicable Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the City. Failure to comply with the applicable regulations shall be grounds for revoking a site plan or conditional use permit approval. (b) Other licenses and permits. The operator of every telecommunications facility shall submit copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location, and operation of the facility to the City, shall maintain such licenses and permits in good standing, and shall provide evidence of renewal or extension thereof upon request by the City. 2. Monopole Safety. (a) Protection against Climbing. Monopoles shall be protected against unauthorized climbing by removing the climbing pegs from the lower 20 feet of the monopole. (b) Fencing. Monopoles and towers shall be fully enclosed by a minimum 6-foot-tall fence or wall, as directed by the City, unless the Planning Commission determines that a wall or fence is not needed or appropriate for a particular site due to conditions specific to the site. (c) Security Lighting Requirements. Monopoles and towers shall comply with the FAA requirements for lighting. As part of the conditional use permit consideration, the City may also require security lighting for the site. If security lighting is used, the lighting impact on surrounding residential areas shall be minimized by using indirect lighting, where appropriate. 3. Abandonment. The City may require the removal of all antennas and monopoles if the facility has been inoperative or out of service for more than 12 consecutive months. (a) Notice. Notice to remove shall be given in writing by personal service, or by certified mail addressed to the operator’s last known address. (b) Violation. Failure to remove the antennas and monopoles after receiving written notice to remove is a violation of the terms of this Chapter. The City may initiate criminal and/or civil legal proceeding against any person, firm, entity, or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer, or otherwise, for failure to remove antennas and monopoles in accordance with this Chapter. The City may seek a civil injunction requiring the removal of any structures on the site in accordance with this Chapter. The City may also remove such structures itself, and may bill its costs in removing the structures to the operator. Any lease agreement with the City may also stipulate failure to remove the antennas and monopoles after receiving written notice to do so pursuant to this Chapter automatically transfers ownership of the antennas, monopoles, support buildings, and all other structures on the site to the City. 4. Emergency. The City shall have authority to move or alter a telecommunication facility in case of emergency. Before taking any such action, the City shall first notify the owner of the facility, if feasible. P. Additional Requirements. 1. Storage Areas and Solid Waste Receptacles. No outside storage or solid waste receptacles shall be permitted on a telecommunications facility site. 2. Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any telecommunication facility shall, whenever possible, be located within a lawfully pre-existing structure. When a new structure is required to house such equipment, the structure shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure. 3. Accessory Buildings. Freestanding accessory buildings used with a telecommunication facility shall not exceed a combined total of 450 square feet and shall comply with the setback requirements for structures in the zoning district in which the facility is located. 4. Parking. The City may require a minimum of one parking stall for sites containing a monopole, tower, and/or accessory buildings, if there is insufficient parking available on the site. 5. Maintenance Requirements. All wireless facilities shall be maintained in a safe, neat, and attractive manner. 6. Landscaping. All telecommunications facilities shall be adequately landscaped in order to provide visual screening as deemed necessary by the Planning Commission on a site specific, case by case basis. For monopoles where there are no buildings immediately adjacent to the monopole and equipment facilities, the site shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted as part of the site improvements. The Planning Commission may require additional landscaping as part of the site plan approval. 7. Fencing. If the Planning Commission does not require the applicant to place the equipment facility underground or utilize stealth design technology, then the telecommunications facility shall be fenced with a six-foot high black vinyl coated chain-link fence or other fencing as approved or required by the Planning Commission. 8. Power Lines. All power lines on the lot leading to the telecommunications facility shall be underground. Q. Historic Districts. Any telecommunications facility proposed for a location within a historic district or on a historic landmark site as listed on the National or State Register of Historic Places shall be reviewed by the Planning Commission as a conditional use.