A.
Preamble and adherence to applicable federal laws and regulations.
The City recognizes that wireless communication facilities (WCF),
and the location of them, are regulated by federal law, and this ordinance
is not intended to conflict with federal law, including the Federal
Telecommunications Act of 1996, 47 U.S.C. § 332, in any
way. This ordinance has been adopted so that the location and installation
of wireless communication facilities can be located and installed
in a manner that best protects the health, welfare and safety of the
citizens of Lincoln, and seeks to regulate the location and installation
only to the extent permitted by federal telecommunications law. It
is also specifically noted that the City has reviewed publicly owned
property in Lincoln, specifically property owned by the City and has
noted that in many instances the location and institutional and public
uses of that property make location of telecommunications facilities
appropriate. This ordinance seeks to recognize this fact by encouraging
the location of such facilities on City-owned property wherever appropriate.
B.
Placement of new wireless facilities or communication towers. New
communication towers shall be allowed by conditional use permit only
within all zoning districts.
C.
Statement of goals and intent with regard to new communication towers.
It is the intent of the City of Lincoln to address the following issues
when permitting the siting of a newly proposed wireless facility or
communication tower:
(1)
Provision of adequate wireless services throughout the City
to provide the citizens, businesses, health-care facilities, schools,
and other institutions with the coverage and capacity needed, through:
(a)
Assurance of good tower aesthetics.
(b)
Requiring the screening of the tower base and accessory ground
equipment.
(c)
Requiring attractive screening, and vegetation and landscaping
where appropriate.
(d)
Minimization of noise and light.
(e)
Assuring an attractive and minimally invasive tower structure.
(2)
Provision for the health, safety and welfare of citizens.
(3)
Working to minimize the impact to surrounding property owners.
(4)
Assurance of environmental compliance.
(5)
Assurance that towers are well placed within the community.
(6)
Creating an environment where multiple carriers can be placed
on each tower and needless over-proliferation of towers throughout
the City is avoided.
A.
The following general requirements shall apply to all new wireless
communications facilities.
(1)
Noise requirements. Equipment used in connection with a tower
or antenna array shall not generate noise that can be heard beyond
the site. This prohibition does not apply to air-conditioning units
no noisier than ordinary residential units or generators used in emergency
situations where regular power supply for a facility is temporarily
interrupted, provided that any permanently installed generator shall
be equipped with a functional muffler and any on-site fuel storage
meet all applicable building codes.
(2)
Compliance with federal regulations. The applicant shall comply
with all applicable federal regulations. Proof of compliance shall
be provided before the issuance of the facility building permit, or
after the facility's construction.
(3)
Lighting and signage. Wireless communications facilities shall
be lighted only if required by the Federal Aviation Administration
(FAA). Security lighting or motion-activated lighting may be used
around the base of a tower and within the wireless communication facility,
provided that the lighting is shielded in such a way that no light
is directed towards adjacent properties or rights-of-way.
(4)
Signs shall be limited to those needed to identify the property
and the owner and warn of any danger. No signs, symbols, identifying
emblems, flags, or banners shall be allowed on towers.
B.
New towers. New wireless communications towers shall meet the following
requirements:
(1)
Type of towers allowed. New towers shall be limited to monopole-type
structures (with internal antennas) or stealth/camouflaged-type tower
structures.
(2)
Tower or antenna height limitations. Towers or tower structures
shall be evaluated on an individual basis regarding the appropriate
height of the requested tower or tower structure.
(3)
Fall zone. The minimum distance from the base of any tower to
any residential dwelling unit shall be the tower height or required
setback, whichever is greater, unless all persons owning said residence
or the land on which said residences are located consent in a signed
writing to the construction of said tower. This setback is considered
a "fall zone." In the event that an existing structure (i.e., existing
water tower, building or pole) is proposed as a mount for a wireless
communication facility, a fall zone shall not be required.
(4)
Camouflaging or stealth technology for new towers. If the applicant
demonstrates that it is not feasible to locate on an existing structure,
towers shall be designed to be camouflaged to the greatest extent
practical, including, but not limited to, use of compatible building
materials and colors, screening, landscaping, and placement within
trees and other structures that may screen or partially screen the
view of the tower from adjacent properties or rights-of-way.
(5)
Color of towers. To the extent that any tower or antenna extends
above the height of the vegetation immediately surrounding it, they
shall be a neutral color, painted or unpainted, unless the FAA requires
otherwise.
C.
Information required to process new tower requests.
(1)
Provide a map of the approximate geographic area that your project
will serve;
(2)
Provide a map showing the approximate location of all other
existing communication towers within the area and a written explanation
as to why co-location is not possible on an existing tower structure.
Describe your efforts to co-locate your facility on one of the poles
or towers that currently exists or is under construction. The applicant
should demonstrate a good-faith effort to co-locate with other carriers.
This subsection does not apply to applicants who desire to construct
a tower for the primary purpose of attracting other persons to co-locate
on the tower.
(3)
Provide a scaled site plan containing information showing the
property boundaries, proposed tower lease area (if applicable), proposed
tower, existing land use, surrounding land uses and zoning, access
road(s) location and surface material, existing and proposed structures
and topography. The plan shall indicate proposed landscaping, fencing,
parking areas, location of any signage and specifications on proposed
lighting of the facility;
(4)
Provide a letter stating why the proposed site was chosen.
(a)
Submit a written statement describing how your proposed site
and plan meet the City of Lincoln's Statement of Goals and Intent
(above).
(b)
Each goal should be addressed individually and in detail.
(c)
The document should also include visual aspects, setbacks, and
proximity of single-family residences.
(d)
Describe how you will accommodate other antenna arrays that
could co-locate on your facility. Describe how this accommodation
will impact both your pole or tower, and your ground-mounted facilities.
Provide documentation of your provider's willingness to accommodate
other providers who may be able to co-locate on your facility.
(5)
Sight line representation. A sight line representation shall
be drawn from four points 90° apart and 100 feet from the proposed
tower. Each sight line shall be depicted in section, drawn at one
inch equals 40 feet. The sections shall show all intervening trees
and buildings.
Requirements for new communication towers if conditional use
permit is granted:
A.
Structural integrity and inspections of towers.
(1)
If a conditional use permit for the tower is approved, the applicant
shall provide a complete set of plans for the proposed tower and a
site plan of the property or proposed lease area.
(a)
Tower plans.
1.
Engineer-stamped plans for the proposed tower and an accompanying
structural analysis.
2.
Engineer-stamped plans for the proposed tower foundation based
on the local geotechnical information gathered for the specific site.
3.
A statement that the tower meets or exceeds design criteria
for federal requirements regarding the construction of the tower.
(b)
Site plan.
1.
Name and address of owner, applicant and surveyor.
2.
Date, scale (one inch equals 100 feet preferred), and North
arrow.
3.
Vicinity map covering a minimum of one mile with a scale and
North arrow indicating surrounding roads, municipal limit lines, growth
area boundaries, state lines and county lines as applicable.
4.
Legal description of the property on which the tower is to be
placed, with dimensions and angles sufficient to locate all lines.
Property shall be located by section, township and range, and tied
to the nearest defined and referenced section or quarter section corner.
5.
The precise location and dimensions of the proposed tower or
existing tower as it is to be modified.
6.
The location and identification of existing roads or accessways
within and to the property (including proposed access easements).
7.
The location and size of existing access and/or utility easements
on or adjoining the property, or a note there are none.
8.
The location of flood areas on the property or a note indicating
there are none.
9.
The location of USGS documented perennial and intermittent watercourses
on or adjoining the property or a note indicating there are none.
10.
The area set aside to accommodate future outbuildings
and/or equipment pads to be placed on the property in the future in
connection with the tower.
11.
The location of all personal residences within
the height of the tower from the perimeter of the base of the tower.
12.
The names of the owners of such residences and
copies of their signed consent to the placement of the proposed tower
(if applicable).
13.
The existing topography on the property, as per
existing U.S. Geological Services survey maps or other more current
source.
14.
A note describing any plat and deed restrictions,
or a note indicating there are none.
(c)
If a wireless communication facility fails to comply with the
requirements and criteria above and constitutes a danger to persons
or property, then upon written notice being provided to the owner
of the tower, the owner shall have 90 days to bring such tower into
compliance with such requirements and criteria. If the owner fails
to bring such tower into compliance within 90 days, the City may terminate
the owner's conditional use permit and/or cause the removal of such
tower (at the owner's expense). In no instance shall this process
prevent the City from taking whatever action to protect the public
from imminent harm, including but not limited to immediate removal
of a tower.
(d)
By making application hereunder, the applicant agrees to regularly
maintain and keep in a reasonably safe and workmanlike manner all
towers, antenna arrays, fences and outbuildings owned by the applicant
which are located in the City. The applicant further agrees to conduct
inspections of all such facilities not less frequently than every
12 months. The applicant agrees that said inspections shall be conducted
by one or more designated persons holding a combination of education
and experience so that they are reasonably capable of identifying
functional problems with the facilities.
(2)
Security fencing and anti-climbing device. Using security fencing,
towers and equipment shall be enclosed by opaque fencing eight feet
in height. The fencing material shall be wood or other opaque fencing
material. The tower shall also be equipped with an appropriate anti-climbing
device. The facility shall place signs indicating "No Trespassing,"
"High Voltage," or other pertinent information on the outside of the
fence, unless it is decided that the goals of this ordinance would
be better served by waiving these provisions in a particular instance.
Barbed wire fencing or razor wire shall be prohibited, unless a variance
is requested and granted in all zones except M-1 and M-2. Refer to
§ 6.10.7, Industrial design standards, Subsection B(4)(f),
for fencing regulations within M-1 and M-2 Zones.
(3)
Vegetative screening requirements. Wireless communications facilities
shall be surrounded by buffers of dense tree growth and understory
vegetation in all directions to create an effective year-round visual
buffer. Trees and vegetation may be existing on the subject property
or installed as part of the proposed facility or a combination of
both.
(a)
Vegetative screening should be designed to visually screen the
area by using groups of clustered vegetation to achieve a screen natural
in appearance. The screened area may exclude access and utility easements.
(b)
The screened area should include a mixture of evergreen and
deciduous vegetation types of varying heights. Depending on the setting
and existing vegetation on or near the tower property or leased area,
a landscape easement adjacent to the site/leased area may be required.
If a landscape easement is needed, it must be at least a minimum of
15 feet in width.
(c)
In order to effectively screen the tower site, for every 25
linear feet of perimeter of the leased area, property line (or defined
property used for the tower site), the following landscaping is required
to be installed (See attached plant list for approved varieties.[1]):
[1]
Editor's Note: See § 5.3.16.
(d)
If there is existing vegetation on site or within close proximity
that currently provides screening for the site, then the Administrative
Official may grant a variance from the appropriate portions of the
landscape screening requirements. Off site landscape easements may
be required to assure the existing vegetation persists.
(e)
A landscape plan depicting varieties, sizes (upon planting),
and proposed placement of all landscape materials shall be submitted
with the conditional use permit application. All proposed or existing
easements should also be shown (utility, access, rights-of-way, and
landscape easements, etc.). If the applicant proposes to use existing
on-site or nearby vegetation in lieu of required landscaping materials,
then that existing vegetation must be shown on the plan.
(f)
Irrigation shall not be required, but the owners shall be required
to care for the planted vegetation and replace any vegetation that
does not survive.
(4)
Setbacks from property lines. Wireless communication facilities
shall meet current setbacks as required by zoning.
B.
Co-location. The Administrative Official, following an administrative
review without the requirement of an issuance of conditional use permit,
may approve the following antenna installations:
(1)
Locating on existing structures. Installation of an antenna or antenna array on an existing structure other than a tower (such as a building, light pole, electric transmission tower, water tank, or other freestanding nonresidential structure), provided that the antenna or antenna array and its support are not more than 20 feet in height. The Administrative Official may grant a variance of up to 10 additional feet in height when such additional height is necessary for improved functionality or safety and where the requirements of Subsection D have been accomplished.
(2)
Locating on existing towers. Additional antennas may be placed
or upgraded upon any tower so long as such additional antenna would
not violate any requirements of the conditional use permit or other
provisions of the original approval. Antennas may be replaced by similar
antennas at the same height and for the same basic usage as the antennas
being replaced, however, a statement regarding the loading of the
replacement equipment shall be submitted and the applicant shall certify
that the loading of the proposed equipment shall be less than or equal
to the existing. If no certification can be made, then a structural
analysis for the tower and the proposed equipment shall be required.
(3)
For the purpose of co-location, the applicant must submit information
from a licensed professional engineer certifying the capacity of the
tower for additional providers and a letter of intent from the applicant
indicating their intent to share space. Existing antennas may be replaced
by updated antennas or equipment, however, a statement regarding the
loading of the replacement equipment shall be submitted and the applicant
shall certify that the loading of the proposed equipment shall be
less than or equal to the existing equipment. If no certification
can be made, then a structural analysis for the tower and the proposed
equipment shall be required.
C.
Other requirements.
(1)
Wireless communications facilities placed on top of buildings.
When a wireless communications facility extends above the roof height
of a building on which it is mounted, every effort shall be made to
conceal the facility within or behind existing architectural features
to limit its visibility from public ways. Stealth (RF transparent)
screening visually appropriate to the specific site should be explored
as an effective compatibility tool.
(2)
Wireless communications facilities placed on sides of buildings.
Antennas which are side-mounted on buildings shall be painted or constructed
of materials to match the color of the building material directly
behind them.
D.
Exemptions.
(1)
Personal use: towers for personal use which, including the height
of all antenna arrays, are less than 50 feet in height from the ground
and shall meet the current setbacks as required by zoning.
(2)
Temporary structures: Temporary structures designed to be used
for not more than 14 days in connection with a special event or for
any reasonable period of time in and immediately following an emergency,
including without limitation those towers which are identified as
"C.O.W.s" or "cellular on wheels."
(3)
Existing towers.
(a)
All existing towers may be replaced with the same type and height of tower structure as currently exists. All replacement towers shall comply with Subsections A and B regarding color of towers, structural integrity and inspections of towers, security fencing and anti-climbing device, and vegetative screening requirements.
(b)
All existing guyed towers shall also be subject to the following
conditions:
1.
A demolition permit shall be issued prior to a building permit
being issued for the replacement tower;
2.
The demolition permit shall expire within 90 days and shall
require the existing tower to be demolished within 90 days from issuance
of the building permit for the replacement tower;
3.
The new tower shall be constructed as close as technically feasible
to the existing tower;
4.
The guyed replacement structure may be increased in width to
a maximum of 36 inches. Existing guyed towers over 36 inches shall
not be increased in width with a replacement tower.
(4)
Emergency and utility towers and antennas: towers and antennas
under 35 feet in height used for 9-1-1 services and utility monitoring
(gas, water, sewer, traffic lights, etc.).
(5)
Emergency services pole antennas and microwave dish antennas;
mayoral determination. If sufficient information concerning gaps in
vital emergency services radio coverage or microwave relay capability
and the lack of any reasonable alternative is presented to the Mayor
who concludes an exemption to the 150-foot height limitation or to
a requirement that antennas must be mounted internal within a permitted
cell tower may be made to ensure public safety, the Mayor may grant
the following exemptions.
(a)
Emergency services antenna. The Mayor may authorize the placement
or extension of emergency service antennas affixed to the top of a
permitted cell phone tower as long as the antenna has a main supporting
section diameter no larger than four inches.
(b)
Emergency services microwave dish antenna. The Mayor may authorize
the placement of an emergency services microwave dish antenna on the
outside of a permitted cell phone tower as long as this dish antenna
does not have a diameter of more than four feet.
E.
Municipal property availability.
(1)
The City should actively market its own property as locations
for new wireless communications facilities where appropriate and existing
structures as suitable co-location sites.
(2)
The City may not require the applicant to give preferential
or priority consideration. The City may not impose on the applicant
a requirement of first examination to municipal-owned locations or
other locations as owned or controlled by public type entities (schools,
hospitals, libraries) over privately owned properties or locations.
(3)
The City may consider as a factor. The appropriate leasing and
use of City property to house wireless communication facilities may
lessen the overall impact to the community at large by returning a
tangible benefit to partially offset any real or perceived impact,
and that this benefit would not the community if the facility was
located on private land.
(a)
The lease amount for such facilities, either a co-location on
an existing City-owned structure, or a lease of City land that the
applicant may build a new facility, should be charged per the fair
market value of the location.
(b)
As noted above, the review process is shortened and simplified
when co-location on existing City or private structures is submitted
by the applicant.
F.
Abandoned antennas and towers. At such time that all licensed carriers
abandon or discontinue operation from a wireless communication facility
for a continuous period of one year, the wireless communications facility
shall be considered abandoned upon such discontinuation of operations.
Upon abandonment or discontinuation of use, the carrier shall physically
remove the wireless communications facility within 90 days from the
date of abandonment or discontinuation of use. "Physically remove"
shall include, but not be limited to:
(1)
Removal of antenna, equipment shelters and security barriers
from the subject property.
(2)
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
(3)
Restoring the location of the wireless communications facility
to its natural condition, except that any landscaping, grading, and
subsurface construction shall remain in the after-condition.
