Amendment to Zoning Ordinance - Towers and Antennas PlacementORDINANCE NO.3 -99
-
AN OROINANCE AMENOING APPENOIX A IT\-IE ZONING OROINANCE\ OF T\-IE CITY OF
DUBUQUE COOE OF OROINANCES, BY AOOING A SECTION 4-9 TO EST ABUS\-I
REGULATIONS FOR T\-IE PLACEMENT OF TOWERS AND ANTENNAS.
NOW T\-IEREFORE, BE IT OROAINEO BY T\-IE CITY COUNCIL OF T\-IE CITY OF OUBUQUE,
IOWA:
Section ,. APpendix A (the Zoning ordinancel of the City of Oubuque Code of Ordinances
is hereby amended bY adding a Section 4-g to establish regulations for the placement of towers
and antennas as follows:
Section 4.9
Towers and Antennas.
Section 4-9.1 General Statement of Intent.
The provisions of this section are intended to regulate the location of towers and antennas.
The Telecommunications Act of 1996 restructured and deregulated many aspects of the
country' 5 communication industry. New wireless telecommunication providers entering the
market desire to build a network that may require additional wireless telecommunications
towers and antennas mounted on existing buildings and other strUctures. The purpose oi
these regulations is to encourage the use of the neW technologies while protecting the
safety and aestheticS of the community.
Section 4-9.2 Definitions:
11 Antenn", Any exterior transmitting, reception or receiving device mounted on a
Tower, building or freestanding structure and used in transmission or reception
of electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals\. wireless telecommunication signals or other
communication signals.
21 Antenna array: a grouping of antennas that encompasses both transmitterls\
and receiverls\ of a single wireless telecommunication provider.
3\ Tower: Any structure that is designed and constructed primarilY for the purpoI
of supporting one or more Antennas, including seli-supporting lattice towers,
guyed towers, or monopole towers. The term also includes radio and teievisi'
transmission towers, microwave towers, cellular telephone towers, alternative
tower structures, and other simila, strUctures. The term includes the structUrE
and any support thereto.
Tower heigh" The distanCe measured from the grade level at the base of the
T owe' to the highest point on the Tower. including any antenna mounted on .
Tower.
4)
.
Support facilities: Support buildings. boxes. cabinets or similar strUctures
containing electrical or mechanical equipment and developed ior the receptio
5)
ORDINANCE NO. 3
Page 2
-99
transmission of electromagnetic waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless telecommunication signals or
other communication signals.
6) ANSI: American National Standards Institute.
7) FCC: Federal Communications Commission.
8) FAA: Federal Aviation Administration.
Section 4-9.3
Applicability.
1) Non-essential Services.
a) Wireless telecommunication towers and antennas shall be regulated
pursuant to this ordinance and not regulated as essential service, public
utility or private utility.
2) This section shall apply to all towers and antennas except the following:
a) Individually owned residential receive only antennas.
b) Satellite receiving dishes not larger than five (5) feet in diameter (see
accessory structures).
c) Existing or new public safety structures necessary for broadcast of
emergency communications or warning sirens operated by governmental
subdivisions.
Section 4-9.4 Towers.
1) No Tower, and their associated support facilities, shall be constructed, except in
accordance with the following requirements:
ZONING USE SETBACKS HEIGHT* COLOR LIGHTING
DISTRICTS
Agricultural, Conditional Equal to the Single users-- Towers shall No lighting of
Residential, Use Permit height of the not more than be finished in a tower unless
Office, required tower in all 75 feet. neutral color to required by
Commercial, directions. reduce visual FAA or other
Institutional, Two or more impact subject governmental
Planned users--not to applicable regulations.
Residential, more than 1 50 FAA
Planned feet. regulations.
Commercial
Industrial: Permitted Use Height allowed
L1, MHI, HI, PI by district in
which tower is
located.
*Tower height may be further restricted by Section 2-5.11 Restricted Height (RH) Overlay District.
ORDINANCE NO.
Page 3
3
-99
2) Applicants proposing to construct a tower higher than allowed by Subsection (1)
may apply for a variance to the Zoning Board of Adjustment.
3) Guys and support facilities must comply with setback requirements for the
district in which they are located.
4) Towers are prohibited in any Public Open Space District.
5) Towers are prohibited in Historic Districts and within 1,000 feet of any Historic
District.
6) Application requirements for site plan review.
a) Site plans for Towers shall be submitted and reviewed in accordance with
Section 4-4 of this Ordinance and shall be considered a major site plan. The
following information shall be submitted with the site plan:
. site and landscape plans drawn to scale;
. a report, including a description and visual depiction of the Tower, with
technical reasons for its design and an explanation of why existing Towers
or other structures cannot be utilized;
. engineered plans for the structure and foundation;
. the general capacity of the tower, and information necessary to assure that
ANSI standards are met;
. a statement of intent on whether excess space will be leased;
. proof of ownership of the proposed site or authorization to utilize it;
· copies of any easements necessary; and
. an analysis of the area containing existing topographical contours.
Section 4-9.5 Antennas.
1) Antennas, and their essential support facilities, shall be allowed as a permitted use
in any zoning district subject to the following:
a) A simple site plan shall be submitted for each Antenna or Antenna Array
providing the following information:
. Mounting location of proposed Antenna or Antenna Array on host structure.
. Description of Antenna or Antenna Array height and width, including a
photo (if available) or other visual representation.
. Proof of ownership of the proposed site or authorization to utilize it.
b) The antenna does not extend more than thirty (30) feet above the highest point
of the host structure.
c) Antennas may be mounted on non-residential structures, including, but not
limited to, existing towers, traffic signals, street lights, water towers,
billboards, telephone tower and emergency signal poles, bridges, and parking
deck structures.
ORDINANCE NO. 4
Page 4
-99
d) Antennas or Antenna Arrays shall comply with the maximum height requirement
of the zoning district in which they are located. Applicants proposing an
Antenna higher than allowed by the zoning district in which it will be located
may apply for a variance to the Zoning Board of Adjustment.
e) No Antenna or Antenna Array may, by virtue of this ordinance, occupy,
encroach or "overhang" any public right-of-way without the expressed approval
of the City of Dubuque.
f) Each Antenna installation shall require a separate building permit.
g) A building permit for the installation of an Antenna in a Historic District requires
the prior issuance of a Certificate of Appropriateness from the Historic
Preservation Commission.
Section 4-9.6 Support facilities.
1) Support facilities shall be of a color and construction that is compatible with
surrounding development.
2) Support facilities shall not be more than four hundred (400) square feet of gross
floor area and more than twelve (12) feet in height.
3) Setbacks for Support Facilities shall be the same as the setbacks required for other
structures in the zoning district in which they are located.
Section 4-9.7 Landscaping and screening requirements for towers and support facilities.
1) Support facilities and Tower bases shall be landscaped with a buffer of plant
materials that effectively screens from view the tower base and any Support
Facilities from adjacent property or street. The plantings installed shall be of a
size and species that can achieve a height of six (6) feet and seventy-five percent
(75%) opacity within three (3) growing seasons.
2) In locations where the visual impact of the tower and support facilities would be
minimal, the landscape requirement may be reduced or waived by the City Planner.
3) Existing mature tree growth and natural land forms on the property shall be
preserved to the maximum extent possible. Natural growth around the property
perimeter may be considered a sufficient buffer for a proposed Tower and support
facilities as determined by the City Planner.
Section 4-9.8 Application requirements for conditional use permits.
1) An applicant proposing a Tower that requires a conditional use permit for
construction in the zoning district for which it is proposed shall submit the
following information, in addition to requirements established in Section 5-3.4(A)
of this ordinance:
.
site and landscape plans drawn to scale;
a report, including a description and visual depiction of the Tower, with
technical reasons for its design and an explanation why existing Towers
.
ORDINANCE NO.
Page 5
5
-99
or other structures cannot be utilized, including pre-approved City-
owned locations;
. the general capacity of the Tower and information necessary to assure
that ANSI standards are met;
. a statement of intent on whether the excess space will be leased;
. proof of ownership of the proposed site or authorization to use it;
. copies of any easements necessary; and,
. an analysis of the area containing existing topographical contours.
Section 4-9.9 Non-conforming Towers or Antennas
1) Any existing tower or antenna which becomes non-conforming on the effective
date of this ordinance or becomes non-conforming at any future date shall be
regulated according to the rules set forth in Section 4-6 of the Zoning Ordinance,
except as follows:
a) New Antennas and Support Facilities may be mounted on a non-conforming
tower.
b) A non-conforming Tower within one thousand (1,000) feet of an Historic
Preservation District shall be considered a legal non-conforming Tower. As
such, the Tower may remain until it has been abandoned.
c) Should any lawful nonconforming Tower be destroyed by any means to an
extent of more than seventy-five percent (75%) of its replacement cost at the
time of destruction, it may only be reconstructed in conformance with the
provisions of this ordinance provided that the destruction was caused by an
accident or act of God occurring after the adoption of this ordinance and such
reconstruction does not increase the degree of nonconformity that existed prior
to destruction.
Section 4-9.10 Abandonment.
1) The operator of a Tower shall provide the City of Dubuque with a copy of the
notice to the FCC of intent to cease operations. The operator shall have ninety
(90) days from the date of ceasing operations to remove the Tower and Support
Facilities.
2) Any Antenna or Tower that is not operated for a continuous period of twelve (12)
months shall be considered abandoned, and the owner of such Antenna or Tower
shall remove the same within ninety (90) days of issue date of the notice to
remove the tower or antenna. A maximum of two (2) twelve (12) month
extensions may be granted by the City Planner if the tower operator is actively
seeking tenants for the subject tower.
3) If the owner of a Tower fails, after notice, to remove the Tower, the City shall
begin the civil citation process.
Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take affect immediately upon publication, as provided by
law.
ORDINANCE NO. 6
Page 6
-99
Passed, approved and adopted this 4th day of
Attest:
avis, City Clerk
PL\COUNCIL\tower.ord
PLANNING APPLICATION FORM
Zoning Board of Adjustment
Variance
Conditional Use Permit
Appeal
Special Exception
Limited Setback Waiver
Zoning Commission
_ Rezoning
_ Planned District
_ Preliminary Plat
_ Minor Final Plat
.JL. Text/Plan Amendment
Development Services
_ Simple Site Plan
_ Minor Site Plan
_ Major Site Plan
_ Major Final Plat
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):
Address:
Applicant/Agent: City of Dubuque
Address: 50 W. 13th Street
. Site Location/ Address: N/ A
N/A
City:
Telephone:
State:
Telephone: 589-4210
Dubuque State: IA
Zip:
City:
Zip:
52001
Existing Zoning:
N/A
Proposed Zoning:
N/A
Legal Description (metes and bounds. or lot number/block number/subdivision):
N/A
Total Property (lot) Area (Sq. Feet or Acres):
N/A
Number of lots:
N/A
Describe proposal and reason necessary (attach letter of explanation if needed): PrnpnlR~ text
a mend m ent provides regulations for the siting of teleco m m unication facilities, mc u ing towers
and antennas within the corporate 11 m its of the C 1ty ot LJ ubuque.
CERTIFICATION: I/we. the undersigned. do hereby certify that:
1) The information submitted herein is true and correct to the best of my/our knowledge and
upon submittal becomes a public record;
2) Fees are not refundable and payment does not guarantee approval; and
3) All additional required written and graphic materials are attached.
Property Owner(s):
Applicant / Agent:
Date:
Date:
. FOR OFFICE USE :2L~ ~L1CATION SUBMITTAL CHECKLIST
Fee, 1I1A- . Received by: ~ ~ Date, f!? - 3-4!!? Docket:
Property Ownership List: Sit Ian: Floor Plan: Plat:
Conceptual Development Plan: Improvement Plans: Other:
People
Inte!\r1ty
~esponslbility
Innovatton
TeamworK
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 28, 1998
TO:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner")': 1. "X
FROM:
SUBJECT:
Proposed Text Amendment to Provide New Regulations for
Communication Towers and Antennas
INTRODUCTION
The Telecommunications Act of 1996 restructured and deregulated many aspects
of the country's communications industry. The deregulation of the
telecommunications industry has increased the number of telecommunication
providers that can impact the planned use at the local level. The new
telecommunications providers desire to build networks that can require additional
freestanding communication towers as well as antennas mounted on existing
buildings and other structures. Local municipalities have been revising their
municipal and zoning codes to ensure that community needs are considered in the
placement of these facilities and the protection of the aesthetics of the community.
Currently, communication towers have been allowed in any district in the City
provided they are needed for communication purposes of a public utility or for
emergency communication by a governmental agency. The two most recent
towers constructed in town are the Sprint tower located at Cedar Cross Court and
the U.S. Cellular tower located at Jansen Avenue near Sunnycrest Manor Nursing
Home on the City's north side.
DISCUSSION
The Telecommunications Act of 1996 places limits on the authority of local
governments over the placement, construction and modification of wireless
telecommunication facilities. There are five conditions that local governments must
satisfy:
1) Local zoning requirements may not unreasonably discriminate among
Proposed Text Amendment to Provide New Regulations
for Communication Towers and Antennas
Page 2
wireless telecommunication providers that compete against one
another.
2) Local zoning requirements may not prohibit or have the affect of
prohibiting the provision of wireless telecommunication service.
3) A local government must act within a reasonable period of time on
requests for permission to place or construct wireless
telecommunication facilities.
4) Any city or county councilor zoning board decision denying a request
for permission to install or construct a wireless telecommunication
facility must be in writing and must be based on evidence in a written
record before the councilor board.
5) If a wireless telecommunication facility meets technical emissions
standards set by the FCC, it is presumed safe. A local government
may not deny a request to construct a facility on the grounds that its
radio frequency emissions would be harmful to the environment or the
health of residents if those emissions meet FCC standards.
.
Planning staff are recommending that Section 4-9 of the Zoning Ordinance be
amended to regulate communication towers and antennas. Section 4-9 has been
reserved for future use and staff believe it would be beneficial to provide all the
regulations on telecommunication facilities in one section of the Ordinance rather
than spread throughout the Ordinance.
Attached is a draft of the proposed Section 4-9 Telecommunication Facilities. The
first sections deal with the intent of the regulations and a list of definitions that
include towers, antennae, alternative tower structure and tower height. The
proposal provides that towers, as defined by this section, are conditional uses in all
agricultural, residential, office, commercial, institutional, planned residential,
planned office, and planned commercial districts. This would require that, prior to
the construction of any new towers, a conditional use permit be obtained from the
Zoning Board of Adjustment. Conditions attached to the granting of a conditional
use permit would include: 1) setbacks from the adjacent property are equal to the
height of the tower; 2) the tower base and any support equipment is adequately
screened as determined by the Zoning Board of Adjustment; 3) proof has been
provided that existing and alternative tower structures have been examined and
found to be inadequate or non-existent; and 4) a site plan shall be submitted and
approved as provided in Section 4 of this Ordinance.
. Towers would be a permitted use in the Light Industrial, Modified Heavy Industrial,
Heavy Industrial and Planned Industrial Districts provided they can comply with the
setback requirement that is equal to the height of the tower and they comply with
Proposed Text Amendment to Provide New Regulations
for Communication Towers and Antennas
Page 3
the height restrictions in those districts shown in the chart below. If the proposed
tower does not meet either the setback or height regulations, then a variance from
those standards will have to be reviewed and approved by the Zoning Board of
Adjustment following their standard variance procedures.
DISTRICT
MAXIMUM HEIGHT
LI Light Industrial
MHI Modified Heavy Industrial
HI Heavy Industrial
Planned Industrial
50 feet
1 50 feet
1 50 feet
Varies with District
New telecommunication towers will not be allowed within established historic
preservation districts nor within 1,000 feet of any established historic preservation
district. The community has had a long history of protecting these areas of the city
and in maintaining their historic significance. The exclusion of new
telecommunication towers is in keeping with the preservation goals of these
historic areas.
In addition, towers would not be allowed within public open space (POS) districts.
Existing POS districts are located east of Highway 61/151 near Farmland Foods,
Inc. and along Locust Street south of Highway 20.
Antennas can be mounted on an existing tower, building or other structures."
These antennas can be much less aesthetically intrusive than a new tower and
generally are more favorable than erecting a new tower. Antennas will be allowed
as an accessory use in all agricultural, residential, office, commercial, and industrial
zoning districts. Any antenna mounted on an existing tower, building or other
structure still must comply with the height and setback requirements of the district
in which it is established.
Antennas would be permitted as an accessory use within historic preservation
districts subject to receiving a certificate of approval from the Historic Preservation
Commission. Antennas, if properly located and camouflaged, could be located
within a historic preservation district without adversely impacting the historic
qualities that the existing districts and regulations for them are meant to protect.
SUMMARY
Proposed Text Amendment to Provide New Regulations
for Communication Towers and Antennas
Page 4
In summary, telecommunication towers will require a conditional use permit in all
agricultural, residential, office and commercial zoning districts, as well as
institutional districts and planned residential and planned commercial districts. In
industrial districts, including planned industrial districts, new telecommunication
towers will be permitted provided they are in compliance with established setback
and height requirements. Towers that cannot meet these requirements will have to
apply for a variance from the Zoning Board of Adjustment.
Antennas attached to existing towers, buildings and other structures are allowed as
an accessory use provided setbacks and height restrictions for the district in which
they are located are complied with.
New telecommunication towers are restricted from locating within public open
space districts and historic districts or within 1,000 feet of a historic district.
Antennas will be allowed as an accessory structure provided they first receive a
Certificate of Appropriateness from the Historic Preservation Commission.
.
Please review the enclosed information and be prepared to discuss it at the
upcoming Zoning Advisory Commission meeting. Staff anticipates sending this text
amendment on to the City Council if the Zoning Advisory Commission does not
have significant changes.
Attachments
KLK/dd
.
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
December 10, 1998
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Text Amendment - Regulations for Towers and Antennas
Amend Section 4-9 of the Zoning Ordinance
City of Dubuque
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your
review.
Discussion
Staff Member Kritz spoke in favor of the proposed amendment reviewing how the
Telecommunications Act of 1996 restructured and deregulated many aspects of the
Country's communication industry. No one spoke in opposition to the request. Staff
noted that the proposed regulations apply to all new towers and antennas, with the
exception of residential receive-only antennas and satellite dishes smaller than 5 feet
in diameter.
The Zoning Advisory Commission discussed the request noting that the new
regulations provide for the establishment of local telecommunications networks, while
ensuring that property owners near proposed tower sites have input into the process.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Jeff Stiles, Chairperson
City Zoning Advisory Commission
Attachments
Service
Peoplc
Responsibility
Tcamwork
Integrity
Innovation
RECEIVED
98 DEC 16 AM 8 33
MARY A. DAVIS
CITY CLERK
DUBUQUE, IOWA
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on
Monday, January 4, 1999 at a meeting to commence at 7:00 P.M. in the Public Library
Auditorium for the purpose to consider an Ordinance amending Code of Ordinances by
adding a Section 4-9 to establish regulations for the placement of Towers and
Antennas. (Copy of proposed Ordinance is on file in the City Clerk's Office and may be
viewed during normal working hours.)
Written comn:ents regar~ing ab.o'ft recla.lQn-may be submitted to the City Clerk
on or before time of public heann
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against satr(recla~srficati1m
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TOO (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 21 st day of December, 1998.
Mary A. Davis CMC
City Clerk
It 12/25
TELEGRAPH HERALD
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE Is hereby given that
tl10 Dubuque City Oouncil will
contJuct (] publiC hElaril19 on ,
Monday, JanUilry 4. '1999 at a
meeting to commonce at 7:00
P.M. In \he PulJlic Library
AlJdilorium for tho purpose to '
consider an Orcllnilnoe
t1mending Code of Ordinances
IlY adding B Sacllon 4-9 to
ostablish regulations for Ihe,
placement 01 Towers and
Antennas. (Copy of propo!:9d
Ordinlllnce is on file 'n lhe Cily
Clerk't OrriCQ .:In~ ~y be
vlClwGd during normal working
hoUl'S.)
WritlJegllrdlng
allov rccln$sificat'o"
subml ICier 011
or borore time 01 public hear.
inn.
At $;)Id time [lnd placo of
public l!oarinU, all Interesled
cili~ons and parties will bo ,
giw!n an opportunily lot;,
]lQl1I'q,!OI'.Qrgninst tai re>o
clnSlllr,Cillion. '
AllY vls~lal or hearing Im
p.alrod par$Oll::l nl:ll:lding SPI:I'
Clal asslstnnca or pOr'lmn$ wllh
specitll accc~liiblli!y' needs
should contact tho. City Clerk's'
Office at (319) 589-4120 or '
TDO (319) 509-4193 In Ihe ; ,
Human Righls Department at
Il:Iflst. 48 hours prior 10 the
meeting. '
Published by ordor of the
City Council given on Il1e 21st
day of December, 199B.
Mary A. Davis CMO
Cily Clerk
11 12/25
.
t' 'JAN-07~99 HU 01:03 PM TELEGRAPH HERALD
( C rU~'('4..~ '
l It,' D'klAuC" NO 3 99 of electromElgneUc ~ve.. 1,000 feat of any Historic
t utit .) " AN ORDIN'ANCe AMEND- digital signals, lll'Ialog ;lgWnal;, District.
. -. ING APPENPIX A {THE ragio frequencies (excfudin; 6) Application requirements
~\~... ZONING ORDINANC!) OF radar signals), wireless telll- for site plan ri;viGlw.
~ ~ THE CITY OF DUBUQUE communIcation signals or a) Site plans for Towers sl1all
CODE OF ORDINANCES. BY other oommunication signals. be 6ubmlUlild and reviewed in
ADDING A SECTION 4-8 TO 6) ANSI: AJnQriCO'ln National acoordance with Seotion 4-4
~STABLl5H REGULATIONS Standards Institute. of thIs Ordlnanoe 3l1d shall be
FOR THE PLACEMENT OF ~ FCC: I"ederal Gommunl- cOnsidered a major site pi",",
TOWERS AND ANTENNAS. cations Commission. The following information shall
NOW THEREFORE. BE IT 8) FAA:. Federal Aviation po submitted with the site
ORDAINED BY THE CITY Ac:lminilOtration. IP.~'
COUNCIL OF THE CITY OF Section 4-9.3 Applicabilily. I site and landscape plans
DUBUQUE, IOWA: 'l Non-essential Services. n to scale;
Seotlon 1, AppBndix A (the a Wireless teleQOn'lrT'lunlco- II report, Including a de-
Zoning Of diM nee) 01 the City tion towers and ilIlt9nnns shall I scription and vi5Ucl depiotion
of Dubuque Code of Ordi. be regulated as essential . of tho Tower, with technical
nnnces is hereby amend"d by service, publiC utility or prlvate J re;u:ons for its design llnd an
adding a Section 4-9 to est;<}!:l- utility. explooation of why existing
Iish regulations for the plaes- 2) this section shall apply to Towers or otl1i;r structures
ment of towers and antennos all towers ;ancl antennas eX-I ~not be utilized:
;1& follows: cept the following: F engineered plans for the
Section 4.9 Towers a) Individually owned N$I-{ cture and foundation:
Dnd Antennas. dential receive only cntennaa. the general capacity of the
Section ~-9.1 General b) Satellite receMn~ dishes wer, and information neces-
Slotement 01 Intel'll. not larger than five (a) leet !nl sary to assure that ANSI stan-
The provisions of this :lec- diameter (see accessoryl. ~ds are met;
tion are Intonded to regulate stl\leMes). i fj a lltlltemanl of intent on
the location of towers and c) Existing or neW PUb~IiCI ~. ether exoess space will be
antenn~s. sarety structures necessary fo l~sed:
The TlllGcommunications Act broadcast of emergen, . proof of owl'lershlp of the
of 1996 restructured and communications or WBming\ p oposed site or :luthoriz3tion
deregulated many aspects of sirens operated by govem- :ertilize it:
thl! country's communic.!llion mentlll ,ubdivisions. copies of any easemer'lll'>
industry. New wireless tele. Section 4-9.4 Towers. cessary and
communicaTion providers 1) No Tower, and their' a$$O- ~ R an analysis of the area
ent~rin!'J the market desire to ciated support faclUtius, shall ,c'rkltainlng existing topog-
build <l network that may be constructed, e)(cepted 11'1 raphical contourS.
require lldditionol wireless accordance with the following Section 4-9.lS AnlGl'lnns.
telecorT'lmunieations towers requirements: 1) Antennas. and their as-
and arltennas mounted on ZONING DISTRICTS: Agri- sentiat support faoilities, shall
~xistin" buildings and other cultural, Residential, Office, be allowed as a permitted use
structure!:. The purpose of Commercial. Institutional, in any zoning district subject
tl~OSIl regulations is to encour- Planned Ri;sidenti21, Planned to the following:
ogo the use of the new t~ch- Commercial. USE: Conditional II) A simple site plan shall be
nologies while protecting the Use Permit required. SET- $ubmitted for each Antenna or
safraty and Olll$th~tlcs of the BACKS: Equal to the height of Antenna Am.y providing the
community. the tower in ~1I directions. following In(orlT':ltion:
Section 4.9.2 Deflnition$: HEIGHT": Single users~ot F Mounting location of prQ-
1) Antenna; Ar'l'l exterior more thiln 75 feet. Two or f)oslld Antenna or Antenn;!
tnmsmittino, reception or more ijSlln:-nOt more than Array on host structure.
receiving device mounted on a 150 feet. COLOR: Towers shall F Description of AnteJ1na or
Tower, Duilding or freestW'lding be lini~hQd in a neutral color to Antenna Array height E1nd
5truerure ancl used in tr3ns- reduce visual impcot subject width, including a photo (If
mission or recaption of elee- to applicable FAA regulatiOns. available) or other visual repre-
lromagnotic waves, digital LIGHTING: No lighting of sentation.
$ignElls, onolog signal" radio tower unless required by I"AA r Proof of OWner~hip of the
frGquencies \eXCluding r.d01l' or other govemmental regula. proposed site or authorization
signalS). wire ess telecommu- ticns. ZONING DIS 5: .
nicalion sign31s or other com- Industrial : arml ed se. b) e antenna does not
municotion signals. SETBAC 5: Equal to the elltend more than thirty (30)
2) Antenna array; II grouping height of the lower in all direc- (eet above the highest point of
of antenna5 lhal encOfl'lpassed tio"-... HEIGHt'": Height al- the host structure.
both transrnitter(s) and re- lowed by district in which 0) Antennas may bQ
ceiver($) of a single wireless tow"r is located. COLOR: mounted on non-reSidential
talqcommunictltion provider. Towers shall b. linishld In a structures, inclutllng, bUI not
3) Tower: Any 5tructIJre that neutral color to reduce visual limited to, existing towers.
is designed and constructod impact subject to applicable traffic signals, street lights,
primarily for the purpose of FAA re91,ll:ltions. LIGHTING: waler towers, billboards. tele-
supportIng ona or more An- No I1ghttng of towel' uhles$ phone tower IlJld emergenCY
tennas. Including self- required by I"AA or other gov- signal poles, bridges, and
supporlin!) lattice towers, emmental regulations. parking deck structures,
guyed Iowors. or monopol" -Tower heigl1t may b. furthar d) Antennas or Antenna
towers. The term also Inotl,lc;le$ restricted by Section 2-5.11 Am.ys $1all eomply with the
r~diQ and televIsion Iransmis- Restrioted Height (RH) Overlay maxU'l'lUIll holght requirement
sion towers, microwave tow. District. of the zoning district in which
ers, cellulor telephone towers. 2) Applicants prg- they are located. Applicants
alternativG lower structures, posing to construct a tower proposing an Antenna higher
::md other similar slructurQs. higher than allowed by Sub- than allowed by the zoning
The term includu the struc- sectiOrt (1) may apply for a diEtriet in which it will be 10-
ture ;1nd any sUElport thereto. variance to the Zoning Board cated may apply for .. variance
4) Tower height: The dls- of Adjustment. to the Zoning Board of Ad-
trlnce measured from the 3) Guys and support jllstment.
grade level at the base of the facilities must ecmply with e) No Antenna or Antenna
Tl)wer to the high"'t point on setbaek requirements for the AJiay may. by virtue of this
the Tower. Including any an- district In which they anll 10- ordinance, occupy, enCl'oach
lenna mounted on the Tower. caled. or 'overhang' any public right-
5) Support facilities; Supporl 4) Tower$ are prohlb- or-way without the expressed
pyildingl;, ~~"!i;, e~binets or lted in any Public Open Space E1pproval of the City or Du-
similar structures containin~ District. bUqUll.
electrical or mQeh:lnical 5) Towel'$ are prohibited in 1) Each Antenna installetion
equipment and developed for Historio Districts and within shall require a separate puild-
tho recaption or transmission ing peJTT1it.
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FAX NO. 3195885782
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g) A building permit for the
installation of an Antenna in a
Hlstorie District requires the
prior issuance of a Certificate
01 Appropriateness Irom the
Historic Preservation Commis-
sion.
Section 4-9.6 Support facili-
ties.
') Support lacilities shall be
of 0 color and construction
that is compatIble with stir.
rounding development.
2) Support faciltties shall not
bo more than four hundred
(400) square feet of 9rO&$ floor
area and more than IWQlvo (12)
feet in height.
3) SetbaeK$ for Support
Facilities shall be the same D:I
the setbacks raquirad for other
structures in the zoning district
in which thoy llre locnted.
$Qction 4-9.7 Landscaping
and screening requirements
for tOWOl'S and support facili-
ties.
1) Support facillUes and
Tower b::lses shall be land-
scaped with 11 buffer of piai'll
materials that effectlvely
scr~cns from view the tower
bllSe and any SUpport Facili-
ties from adjacent properly or
street. The plantings Installed
5hall bQ of a size and species
that eat' o.chieve a height of alx
(6) rl1l11l1 and seventy-live per-
clint (75%) opacity within three
(3) growing seasons.
2) In 10000tions where It\e
visual impact of the tomr and
support facilities would be
mimmal. the landscape re.
quirement may bQ raduced or
waived by the City Planner.
3) Ell.lslfrJg mature tree
growth ood natural I<Ind forms
on the property shalt be pre-
served to the maximum extent
possible. Natural Qrowth
around the j:)I'operty penmlller
ma)! be considered a suffiolent
buffer for a proposed Tower
and support fcoililies as de-
terminod by the City PIOInner.
Section 4-9.8 Application
requircm~nts for conditional
1) An applicant proposing a
Tower that requires :l condi-
tional use permit for construc-
tion In the zonin9 district for which it is proposed ,hall
!:ubmit the follOWing inrorm;a.
tion, in addition to require-
met'llS established In Seclion
.5~~4(A) of this ordinancll:
CV site and landscape plans
dr;l.wn to $(:alo;
CEl a report. including a de-
scription and visual depiction
of the Tower, with technical
reasons for its dlll$ign and an
cxplanaliOl'l why exisling Tow-
ers or other $trUcturll9 cannol
be utilized, inclUding p~-
approved Clty-owned loca-
\ions:
Q:)the general capacIty of lhe
Tower atld information neeas-
sary to assure that ANSI stan-
]dS ore met;
, a ,tclllmflnl of Intent on
w ethrar the jllCecc space will
b'l.leasad;
f}proof of ownership of lI'1e
propo:sed ~illl or authorllation
Iodo!s8 it:
t:;'copies of any eC\~nts
neces$ary; anQ,
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JAN-OJ-99. THU 01:07 pn
TELEGRAPH HERALD
(#} an analysis of the area (J
ct5I,taining exi5ling topog-
raphioal contQ~In;;
Section "-9.9 Non-
conforming Towers or Anten.
n(l$
1) Any existing tower or
antenna which beeome~ non-
conrorminQ on lhe effective
dato of this ordinance or be-
comos non-conforming at any
kllure dale shall bo: regulated
according to the rules et forth
In See lion 4-6 of the Zoning
Ordinance, excapt as follows:
a) new Anl$noas and Sup-
port Facilities may be mounted
on a non-conforming tower.
b) A non-conforming Tower
within one thou~nd (1.000)
feet of EIn Historic Pfl~servation
District shall pe considered a
legal non-conrorming Tower,
As such. the Tow~r may re-
~in until it has been aban-
doned.
c} Should any lawful non-
conformil'lCl Tower be de-
stroyed by any means to an
extent of more than seventy-
five percent (75'Yo) of its re-
placement cosl at tile time of
destruCtion, it may only be
recon$vucted In conformance
with the provisioos of thi'
ordinance provided thot the
destruction was o;aused by :m
accident or act of God occur-
ring after the adoption of this
ordinance and such recon-
struction does not increase the
digree of nonconformity that
axisted prior to destruction.
Seelion H).'O Abandon-
ment.
1) The operator of a Tower
shall provide the City of Ou-
btl'lue with a COPy of !he
notice 10 the FCC of intent to
cease operatIons. The op<<a-
tor .:ihall have ninety (90) days
from the date of ceasing op-
erations to remOve the Tower
and Support FaCilities.
2) Any Antenna or Tower that
i$ not operated for continuous
period of twelve (12) months
shall be considlilred aban-
doned, :md the owner of such
Antenna or ToWElr shall remow
the same within nlnsty (90)
days of issue date of !he nO'
tice \0 removo the lower or
anI91'1n:l.. A mElXimum of two
(2) twelve ('2) mooth exten-
sions may be granted by the
City Planner if the tower op-
eralor is actively seeking
tenants for the subject tower,
3} If the owner of a TOW$r
fails, after notice, to remove
the TOWII', the City shall bl.;in
the civil citation process.
Section 2. This ordin:lnce
h<ls heretofore been reviewed
by the Zoning AdvillOry Com.
mission of the City of Du-
bUClue. Iowa,
SQction 3. Thi:; ordinance
shall take affect immedtatllly
upon pul:llication, as provIded
byll!lw.
Passed, ;approved and
adopled this 4th day of Janu-
ary,1999.
Terrance M. Duggan, Mnyor
AIIIst:
Mary A, Davis. City Clerk
PubUsheeJ officlally in the
Telegraph Herald newspaper
ttli::l1,lh day or January. '999.
Mary A, DaVIS, CMC
City Clerk
FAX NO. 3195885782
P, 02
1\ 1/11
STATE OF IOWA
{SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I Kathy Hefel, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald, a newspaper of general circu-
lation published in the City of Dubuque, County of Dubuque and State of Iowa;
hereby certify that the attached notice was published in said newspaper on the
following dates December 25
________________, 1998, and for which the
charge is $ 10.62