HomeMy WebLinkAboutOrdinance 4856 ORDINANCE NO. 4856
AN ORDINANCE TO AMEND SUBSECTION (C) AND (E) (3)
(d) § 163 . 14 WIRELESS COMMUNICATION FACILITIES
OF THE UNIFIED DEVELOPMENT CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 163 . 14 subsection (E) (3) (d) in its entirety and renumbers subsection (e) to (d).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 163 . 14 subsection (C) in its entirety and enacts a replacement (C) as shown below:
"(C) Co-location.
"The Zoning and Development Administrator, following an
administrative review without the requirement of an issuance
of conditional use permit, may approve the following antenna
installation.
"(1) Locating on existing structures. Installation of an antenna
on an existing structure other than a tower (such as a building,
sign, light pole, electric transmission tower and similarly scaled
public utilities/facilities, water tower, or other free-standing
nonresidential structure), provided that the addition of the antenna
does not add more than 20 feet of height to the original structure.
"(2) Locating on existing tower not previously approved through
,¢163. 14 of the U.D. C. Existing towers that do not have cell
antennas or arrays may not add such capability without securing a
conditional use. Antennas may be replaced by similar antennas at
the same height and for the same basic usage as the antennas being
replaced.
"(3) Locating on existing towers previously approved through §163. 14.
Additional antennas may be placed upon any tower already approved
through § 163 . 14 of the U.D.C. so long as such additional antenna would
not violate any requirements of the conditional use permit or other
provisions of § 163 . 14.
"(4) 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."
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PASSED and APPROVED this 18 day of April, 2006.
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APPROVED- ATTEST: �
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By: By:
DA OOD , Mayor SONDRA SMITH, City Clerk
CITY ATTORNEY AGENDA REQUEST
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FOR: COUNCIL MEETING OF MARCH 7, 2006
FROM:
r KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §163.14 Wireless Communication Facilities Of The Unified
Development Code
APPROVED FOR AGENDA:
City Attorney Date
Com. l� GG
Mayor Date
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FAYET 'TEVILLE
THE CITY OF FAYETTEVIIIE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY 1
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
4 C TO: Dan Coody, Mayor
City Council
CC: Jeremy Pate, Director of Current Planning
FROM: Kit Williams, City Attorney 61(.
DATE: February 14, 2006
RE: Clarification of Cell Tower Ordinance
The Exemption section of the Cell Tower Ordinance needs to be clarified to
ensure existing towers with slender antennas are not replaced administratively
with a cell tower containing a ten foot cell antenna array.
This problem surfaced after the City Council voted to deny a conditional
use for a cell tower near the Washington-Willow Historic District. A news story
indicated that the existing data transfer tower/antenna might be able to be replaced
administratively with a cell tower. Since this would obviously frustrate the will of
the City Council, I drafted the amended language to make it crystal clear that a
tower/antenna could not be altered to become a cell tower without going through
the conditional use process. I also removed the right to increase a tower' s height
by twenty feet. Ultimate tower height is usually an important issue that should be
decided by the Planning Commission rather than being administratively granted.
The City needs to come up with a comprehensive cell tower location plan
in conjunction with the cell phone companies. Such a plan should designate
whatever new sites the City believes 'should be allowed for cell towers within
Fayetteville and limit cell towers to these co-location sites. Any such plan could
obviously be changed in the future, but this location plan should limit some of our
recent problems. Such a plan could: even remove the conditional use requirement
for cell towers to be located in these "pre-approved" locations.
I
r.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 163 . 14 WIRELESS
COMMUNICATION FACILITIES OF THE UNIFIED
DEVELOPMENT CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby
repeals § 163 . 14 subsection (E) (3) in its entirety and enacts a replacement subsection
(E) (3) as shown below:
"(E) (3) Existing towers.
"(a) All existing towers may be replaced with a monopole
tower of the same height and usage as currently exists.
Existing towers that do not have cell antennas or arrays may
not add such capability without securing a conditional use.
"(b) All replacement towers shall comply with § 163 . 14 (A)
and (B).
"(c) An applicant for a replacement tower must secure a
demolition permit for the existing tower prior to receiving a
building permit for the replacement tower. The tower being
replaced must be demolished within 90 days of the date the
building permit is issued.
"(d) Antennas may be replaced by similar antennas at the
same height and for the same usage as the antennas being
replaced."
PASSED and APPROVED this Th day of March, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
Krr WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
Jeremy Pate, Current Planning Director
FROM: Kit Williams, City Attorney
DATE: April 12, 2006 /
RE: Revision of §163.14 Wireless Communication Facilities
Two provisions within §163.14 Wireless Communication Facilities
relate to placing antennas on existing towers. Subsection (C) Co-Location
encourages placing antennas on existing towers, but fails to distinguish
between cell towers approved in conformance with this ordinance and pre-
existing towers that could be inappropriately close or intruding into residential
zones. Subsection (E) (3) exempts pre-existing towers and allows their
replacement "with the same type and height of tower structure as currently
exists." Unfortunately, it then muddies the water by authorizing additional
antennas to be placed upon those old towers which were constructed prior to
city regulations to protect nearby residential uses. A "whip" antenna on an
existing tower has much less visual impact than a ten foot wide and somewhat
thick cell antenna array.
To remove this sometimes conflicting provision from the exemption for
existing towers, I simply recommend deleting Subsection (3) (d) which related
to additional antennas. Control of additional . antennas would then be handled
exclusively within the subsection (C) Co-Location which was redrafted to
distinguish between towers in existence before § 163 . 14 was passed and those
towers approved pursuant to §163 . 14 (which allow administrative approval
without the need fora further conditional use permit).
Attached is the proposed revision as well as the current ordinance.
evq...
ORDINANCE NO,
AN ORDINANCE TO AMEND SUBSECTION (C) AND
(E) (3) (d) § 163 . 14 WIRELESS COMMUNICATION
FACILITIES OF THE UNIFIED DEVELOPMENT CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 163 . 14 subsection (E) (3) (d) in its entirety and renumbers subsection (e) to (d).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 163 . 14 subsection (C) in its entirety and enacts a replacement (C) as shown below:
"(C) Co-location.
"The Zoning and Development Administrator, following an
administrative review without the requirement of an issuance
of conditional use permit, may approve the following antenna
installation.
"(1) Locating on existing structures. Installation of an antenna
on an existing structure other than a tower (such as a building,
sign, light pole, electric transmission tower and similarly scaled
public utilities/facilities, water tower, or other free-standing
nonresidential structure), provided that the addition of the antenna
does not add more than 20 feet of height to the original structure.
1'(2) Locating on existing tower not previously approved through
§163. 14 ofthe U.D. 0 Existing towers that do not have cell
antennas or arrays may not add such capability without securing a
conditional use. Antennas may be replaced by similar antennas at
the same height and for the same basic usage as the antennas being
replaced.
"(3) Locating on existing towers previously approved through §163. 14.
Additional antennas may be placed upon any tower already approved
through § 163. 14 of the U.D.C. so long as such additional antenna would
not violate any requirements of the conditional use permit or other
provisions of § 163 . 14.
"(4) 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."
PASSED and APPROVED this 18`s day of April, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
, y
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i
TITLE XV. UNIFIED DEVELOPMENT CODE
.;. ...� - - (ii) Contact with all other wireless tower into compliance With such
communications facilifies; requirements and criteria. If the owner
fails to bring such tower into compliance
(iii) Sharing information necessary to within 30 days, the city may terminate
determine if co-location is feasible the owner's conditional use permit
under the design configuration most and/or cause the removal of such tower
accommodating to co-location; and (at the owner's expense).
(iv) Letter from tower owner stating why (c) By making application hereunder, the
co-location, is not feasible. applicant agrees to regularly maintain
and keep in a reasonably -safe and
(g) Describe how you will accommodate workmanlike manner all towers, antenna
other antenna arrays that could co- arrays, fences and outbuildings owned
locate on your facility. Describe how by applicant which are located in the
this accommodation will impact both city. The applicant further agrees to
your pole or tower, and your ground conduct inspections of all such facilities
mounted facilities. Provide not less frequently than every 12
documentation of your providers months. The applicant agrees that said
Willingness to accommodate other inspections shall be conducted by one
providers who may be able to co-locate . or more designated persons holding a
on your facility. combination of education and
experience so that they are reasonably
(7) Required (after condition) balloon test and capable of identifying functional
crane test photographs. The proposed tower problems with the facilities.
shall be photographed from four locations
taken 90° apart and 300 feet from the center (10) Security fencing and anti-climbing device.
of the tower. The proposedtower shall be Through the use of security fencing, towers
superimposed on the photographs. A and equipment shall be enclosed by wood
balloon or crane test shall be performed to board fencing not less than six feel in height.
illustrate the height of the tower and The tower shall also be equipped with an
photographed from the same four locations. appropriate anti-climbing device. The facility
The time period, not to exceed one week, shall place signs indicating "No
within which the .test will be performed, shall Trespassing,, "High Voltage," or other
be advertised in a newspaper of. general pertinent information on the outside of the
circulation in the city at least 14 days, but not fence, unless it is decided that the goals of
more than 21 days prior to the test. The four this ordinance would be better served by
locations shall be approved by the Zoning waiving this provisions in a particular
and Development Administrator. instance. Barbed wire fencing or razor wire
(8) Sight line representation. A sight line shall be prohibited.
representation shall be drawn from four
points 90" apart and 100 feet from the (11) Vegetative screening requirements.
proposed tower. Each sight line shall be Wireless communications facilities .shall be
depicted in 'profile, drawn at one inch equals surrounded by buffers of dense tree growth
40 feet. The profiles shall show all and understory vegetation in all directions to
intervening trees and buildings. create an effective year-round visual buffer.
Trees and vegetation may be existing on the
(9) Structural integrity and inspections of towers. subject property or installed as part of the
(a) The
proposed facility or a combination of both.
applicant shall provide a
certification letter that states the tower (12) Setbacks from property lines. Wireless
meets or exceeds design criteria and all communication facilities shall meet current
local, state, and federal requirements setbacks as required by zoning.
regarding the construction,
maintenance, and operation of the (C) Co-location. Applicants for co-location shall meet
tower. the following requirements:
(b). If a tower fails to comply with the (1 ) Administrative . approval for antenna co-
requirements and criteria above and locations and locations on other structures.
constitutes a danger to persons or The Zoning and Development Administrator,
property, then upon written notice being following an administrative review without
provided to the owner of the tower, the requiring the issuance of a conditional use
owner shall have 30 days to bring such
CD163:11
Fayetteville Code of Ordinances
permit, may approve the following antenna (2) Temporary structures. Temporary structures
installation: designed to be used for not more than 14 ":•I
days in connection with a special event or for
(a) Locating on existing structures any reasonable . _period of time in and
Installation of an antenna on an existing immediately following . an emergency,
structure other than a tower (such as a including without limitation those towers
building, . sign; light pole, electric which are identified as "C.O.W.s" or "Cellular
transmission tower and similarly scaled on Wheels"
public utilitiesifacilities, watertower, or
other free-standing nonresidential (3) Existing towers. All existing towers may be
structure),: provided that the addition of replaced with the same type and height of
the antenna does not add more than 20 tower structure as currently exists. All
feet of.height to the original structure; replacement towers shall comply with
§163.14(A) and . (B) regarding color of
(b) Locating on exiting towers. Installation towers, structural integrity and inspections of
of an antenna on an existing tower of towers, security fencing and anti-climbing
any height, and. the placement of device, and vegetative screening
additional buildings or other supporting requirements. All existing guyed towers
equipment used in connection with such shall also tie subject to the following
additional antenna, so long as the conditions:
proposed additions would add no more
than 20 feet of height to the original (a) A demolifion permit shall be issued prior
height of the tower. The addition or to a building permit being issued for the
modification, to the extent possible, replacement tower;
should be designated to minimize
.visibility; and (b) The demolition permit shall expire within
90 days and shall require the existing
(c) For the purpose of co-location, the tower to be, demolished within 90 days
applicant must submit information from from issuance of the building permit for
a . licensed professional engineer the replacement tower,
certifying the .capacity of. the tower for
additional providers and a letter of intent (c) The new tower shall be constructed as
from the, applicant indicating their intent close as technically feasible to the
to share space. existing tower;
(D) Other requirements. (d) Additional antennas may be installed on
an existing tower of any height, and
(1) Wireless.communications facilities placed on additional buildings or other supporting
top of buildings. When a wireless equipment used in connection with such
communications .facility extends above the additional ,antennas may be placed at
sroofi, height of a building on which it is the tower site so long as the proposed
mounted; .every effort shall be made to additions would add no more .than 20
conceal the facility within or behind existing feet height to the original height of the
architectural features do limit its visibility from existing tower. The addition or
public ways. Facilities mounted on a roof modification, to the extent possible,
shalt be stepped back :from the front facade should be designed to minimize
in order to limit their:impact on the building's visibility;
silhouette:
(e) The replacement structure may be
(2) Wireless communications facilities placed on increased. in width to a - maximum of 36
sides of buildings. Antennas which are side- inches. Existing guyed .towers over 36
mounted . on buildings shall be painted or inches shall not be increased in width
constructed of materials to match the color of with a replacement tower.
the building material directly behind them.
(4) Emergency and utility towers and antennas.
(E) Exemptions. Towers and antennas under 35 feet in height
used for 9-1 -1 services and utility monitoring
(1 )- Personal use. Towers for personal use .. (gas, water, sewer, traffic lights, etc.).
which, including the height of all antenna
arrays, do not extend more than 80 feet from (F) Municipal profits from towers. The City of
the ground and shall meet the current Fayetteville should actively market its own j
setbacks as required by zoning. property and existing structures as suitable co-
CD163:12
Clarice Pearman - Ord. 4855 4856 4859 4860 & 4861 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 4.21 .06 3:30PM
Subject: Ord. 4855, 4856, 4859, 4860 & 4861
Jeremy,
Attached is a copy of the above ordinances passed by City Council, April 18, 2006.
Have a good weekend.
Thanks.
Clarice
CC: Audit; GIS
Arkansas Democrat $axette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6415
AFFIDAVIT OF PUBLICATION
I , Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of:
Ordinance 4856
Was inserted in the Regular Editions:
April 26, 2006
Publication Charge: $ 137 . 97 ORDINANCE MO. 4896 F 0
AN ORDINANCE T3. AMEND SUBSECTION (C) . .
AND (E) (3)ITI § OFTH ynRF.LED COMMU Et
TION FACILITIES OF THE UNIFIED DEVELOPMEM
CODE
BE IT ORDAINED OT THE CITY COUNCIL ARKANSAS
Subscribed and worn^ to before me OF THE CITY OF FAYETTEVILLE, I r
Thi��day of 2006 . ARIIAN6AS: ( _ • • ,t
F
Section E That me City Betty l d the City of Fayetteville, Arkansas hereby repeals §163.14 sub=
section (E) (3) (d) N its entirety and rerwmberssubsecHon (e)to (tl).
( , Section 2: That the City Council of the City of Fayettelile, Arkansas hereby repeals §163.14 sub-
section (C)
/,/1' C' section (C) in its enlirey and enacts a replacement (C) as shown below: I
Notary Public I . wC) C040cari
�. ^... - w - Sharlene D. Williams _ 'Tice Zoning and Development Administrator. following an administrative review without the .
Trequlremont of en'issuance of coddBionaa)-use:perglIt, may approve the t000wing antenna
Notary Public
installation. - -
of Arkansas lure t e�ehq to extolling atnsturec Installation 16 an antenna on an i existing rand
My Commission Exp�fi@� tore other than a lower (such as a building, sign, light pole, electric transmission tower and
My commission Expires similarly scaled public utilitiestlatilities, water rower, or other free-standilg wnresidenlial
structure), provided that the addition of the antenna does not add more than 20 feel of height
October 18, 2014 to the original structure.
vL
.0(2) Locating on eatel torror out prarioYaly app or through $1163.14 of
the U.O.C. Existingtowersthat darothavecellantennasorarraysmaynotaddsuchcapa-
**NOTE** Please do not pay from Affidai bility without securing a condBional use. Antenna may be replaced by similar antennas at
the same height and for the same basic usage as the antennas being replaced.
Invoice will be sent. "(31 Locating on existing tomoi prerleualy approved through 6+53.14. .
Additional antennas may be placed upon any tower already approved through §163,14 of the
U.D.C. so long as such additional antenna wattle not violate any requirements of the conic k
tional use permit or other provisions of §163.14.
"(4) Far the purpose of eo4oeaUon, the applicant must subma Information from a
licensed professional engineer cenifying the capacity of the tower for additional providers and
. a letter of Intent from the applicant Indicating their intent to share space.'
PASSED and APPROVED this 16th day of April, 2006. 4 l
6�' `- EIVF'� APPROVED: L ATTEST:
6y: . .. . By:
DAN GOODY, Mayor . SONDRA SMITH, City Clerk
APR 2 8 2000
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=Y CLEFK"E C:HCE
