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HomeMy WebLinkAboutOrdinance 5527 ORDINANCE NO. 5527 AN ORDINANCE TO AMEND §163.13 WIRELESS COMMUNICATION FACILITIES OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY HEIGHT LIMITATIONS FOR ANTENNAS PLACED UPON EXISTING STRUCTURES, TO EMPOWER THE ZONING AND DEVELOPMENT ADMINISTRATOR TO GRANT A VARIANCE IN APPROPRIATE CIRCUMSTANCES AND TO DECLARE AN EMERGENCY WHEREAS, for well over a decade, the City's express and clear policy is to encourage co-location of new antennas on existing towers and structures; and WHEREAS, reasonable height limitations for antennas placed upon structures are necessary to assure reduced adverse visual impact to the building's silhouette and to preserve aesthetics, but should have a variance procedure to authorize the Zoning and Development Administrator to allow slightly taller antennas in appropriate circumstances with appropriate screening or other safeguards; and WHEREAS, KNWA needs to have its dish antennas installed promptly at the right height to ensure traffic safety on the drive-aisle under the dish antenna so it can continue to transmit news and weather reports to ensure the peace and safety of our citizens. NOW, THEREFORE 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 amends §163.13 Wireless Communication Facilities (c) Co-location by repealing (1) Locating on existing structures and enacting a replacement (1) Locating on existing structures as shown below: "(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 free-standing non-residential structure) provided the antenna or antenna array and its support are not more than 20 feet in height. The Zoning and Development Administrator may grant a variance of up to 10 additional feet in height when such additional Page 2 Ordinance No. 5527 height is necessary for improved functionality or safety and where the requirements of(D) have been accomplished." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby declares that, pursuant to the need for traffic safety and the need for KNWA's continued public service for news and weather reports and warnings, an emergency is declared so that this ordinance shall take effect immediately and be in full force and effect upon its passage by the City Council and execution by Mayor Jordan. PASSED and APPROVED this 18th day of September, 2012. APPROVED: ATTEST: `'� B Y: y. L NELD J N, Mayor SONDRA E. SMITH, City Clerk/Treasurer T Y' FAYETTEVILLE:'! %�sy.QkA N s P�•����`` '''�V1/.1,Y1i�TON i�+o�`,` AGENDA REQUEST FOR: COUNCIL MEETING OF SEPTEMBER 18, 2012 FROM: JEREMY PATE, DEVELOPMENT SERVICES DIRECTOR KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §163.13 Wireless Communication Facilities Of The Unified Development Code To Clarify Height Limitations For Antennas Placed Upon Existing Structures, To Empower The Zoning And Development Administrator To Grant A Variance In Appropriate Circumstances And To Declare An Emergency APPROVED FOR AGENDA: Department Dir elor Date � j /961-L- /3 City Attorney Date Finance Director Date 09-04-11 -' P05-:05 c v �tyw' 1 WX-2- ;;1�iefo,faff Date ate • ae 101 T Ile Departmental Correspondence LEGAL ARKANSAS www.accessfayetteville.orgDEPARTMENT Kit Williams TO: Mayor Jordan City Attorney City Council Jason B.Kelley Assistant City Attorney CC: Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorney _ DATE: August 31, 2012 RE: Amending §163.13 (C) to provide authority to grant height variance for antennas mounted on a building's roof KNWA is moving to the Dickson Building and needs to install two dish antennas on its parking deck for its television programming. The station will then be able to remove their dish antennas installed above the parking lot west of the Campbell Bell Building which had housed its current television station. In order to preserve parking and ensure drive-aisle safety, the two new dish antennas would slightly exceed the twenty-foot limit of§163.13 (C)(1). Jeremy and I met with Scott Broadbent of pb2 Architecture & Engineering (which is doing the engineering for KNWA's move) about this problem. We concluded that this section would be improved if the Zoning and Development Administrator could grant a slight height variance as long as the placement of the antennas and any additional necessary screening would limit the visual impact on the building's silhouette (which is the purpose for the height limitation). Thus, we have drafted the attached ordinance which amends §163.13 (C)(1) and authorizes Jeremy to grant a height variance of up to an additional 10 feet for functionality and safety concerns. KNWA will probably only need an additional 2-3 feet, but I felt we should give our Administrator discretion to grant up to 10 feet if necessary in another context as long as (D) is accomplished. (D) requires appropriate screening and placement of any antenna to conceal or limit the visual impact of the antennas from streets. I placed an Emergency Clause with the ordinance because of the time constraints to install these antennas to ensure proper continuous functioning of Fayetteville's TV station so that it can continue its public service by broadcasting news and weather alerts as needed for the safety and peace of our citizens. ORDINANCE NO. AN ORDINANCE TO AMEND §163.13 WIRELESS COMMUNICATION FACILITIES OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY HEIGHT LIMITATIONS FOR ANTENNAS PLACED UPON EXISTING STRUCTURES, TO EMPOWER THE ZONING AND DEVELOPMENT ADMINISTRATOR TO GRANT A VARIANCE IN APPROPRIATE CIRCUMSTANCES AND TO DECLARE AN EMERGENCY WHEREAS, for well over a decade, the City's express and clear policy is to encourage co-location of new antennas on existing towers and structures; and WHEREAS, reasonable height limitations for antennas placed upon structures are necessary to assure reduced adverse visual impact to the building's silhouette and to preserve aesthetics, but should have a variance procedure to authorize the Zoning and Development Administrator to allow slightly taller antennas in appropriate circumstances with appropriate screening or other safeguards; and WHEREAS, KNWA needs to have its dish antennas installed promptly at the right height to ensure traffic safety on the drive-aisle under the dish antenna so it can continue to transmit news and weather reports to ensure the peace and safety of our citizens. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends §163.13 Wireless Communication Facilities (c) Co-location by repealing (1) Locating on existing structures and enacting a replacement (1) Locating on existing structures as shown below: "(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 free-standing non-residential structure) provided the antenna or antenna array and its support are not more than 20 feet in height. The Zoning and Development Administrator 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(D) have been accomplished." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby declares that, pursuant to the need for traffic safety and the need for KNWA's continued public service for news and weather reports and warnings, an emergency is declared so that this ordinance shall take effect immediately and be in full force and effect upon its passage by the City Council and execution by Mayor Jordan. PASSED and APPROVED this 18th day of September, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer r (4)dU)LU12) Kit Williams-Title XV Updates 1st Qtr. 2012 pdf Seite 57 TITLE XV. UNIFIED DEVELOPMENT CODE (3) Fall zone. The minimum distance from the setbacks, and proximity of single-family g�'i base of any tower to any residential dwelling residences; �, a►^ unit shall be the lower height or required r setback, whichever is greater, unless all i� Persons owning said residence or the land (� Describe your efforts le co-locate your on which said residences are located facility on one of the poles or towers that ' Pi consent in a sign writing to the construction currently exists,oris under construction. J,J�J9� of said tower. This setback is considered a The applicant should demonstrate a V" "fall zone." In the event that an existinggood faith effort to co-locate with other carriers. The Planning Commission may structure is proposed as a mount for a wireless communication facility, a fall zone deny a permit to an applicant that has not demonstrated a good faith effort to shall not be required. Provide for co-location. Such good faith effort includes: (4) Camouflaging or stealth technology for new towers. If the applicant demonstrates that it is not feasible to locate on an existing (i) th survey of all existing structures that may be feasible sites for co- structure, towers shall be designed to be camouflaged to the greatest extent possible locating wireless communications facilities; including, but not limited to, use of compatible building materials and colors, (��) Contact with all other wireless screening, landscaping, and placement communications facilities; within trees. (iii) Sharing information necessary to (5) Color of towers. To the extent that an determine if co-location is feasible y under the design configuration most antenna extending above the height of the vegetation immediately surrounding it, they accommodating to co-location; and shall be a neutral color, painted or unpainted, unless the FAA requires (iv) Letter from tower owner stating why otherwise. co-location is not feasible. 6 (g) Describe how you will accommodate ( ) Information required to process new tower other antenna arrays rethat could co- locate on your facility. Describe how this accommodation will impact both (a) Provide a map of the geographic area your pole or tower, and your ground that your project will serve; mounted facilities. Provide documentation of your provider's (b) Provide a map that shows other existing willingness to accommodate other or planned facilities that will be used by providers who may be able to co-locate the wireless communication service on your facility. Provider who is making the application; (7) Required (after condition) balloon test and (c) Provide a map that shows other crane test photographs. The proposed tower potential stand alone locations for your shall be photographed from four locations facility that have been explored; taken 90°apart and 300 feet from the center of the tower. The proposed tower shall be (d) Provide a scaled site plan containing superimposed on the photographs. A information showing the property balloon or crane test shall be performed to boundaries, proposed tower, existing illustrate the height of the tower and land use, surrounding land uses and photographed from the same four locations. zoning, access road(s) location and The time period, not to exceed one week, surface material, existing and proposed within which the test will be performed, shall structures and topography. The plan be advertised in a newspaper of general shall indicate proposed landscaping, circulation in the city at least 14 days, but not fencing, parking areas, location of any more than 21 days prior to the test. The four signage and specifications on proposed locations shall be approved by the Zoning lighting of the facility; and Development Administrator. (e) Describe why the proposed location is (8) Sight line representation. A sight line superior, from a community perspective, representation shall be drawn from four to other potential locations. Factors to points 90° apart and 100 feet from the consider in the community perspective proposed tower. Each sight line shall be should include: visual aspects, depicted in profile, drawn at one inch equals CD163:9 (4/30/2012) Kit Williams Title XV U dates�' 1st Qtr 2012 df Seite 58 Fayetteville Code of Ordinances 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 proposed facility ora combination of both. (a) The applicant shall provide a certification letter that states the tower (12)Setbacks from property lines. Wireless meets orexceeds 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. tower. The Zoning and Development Administrator, p (b) If a tower fails to comply with the following an administrative review without the requirements and criteria above and requirement of an issuance of conditional use to constitutes a danger to persons or permit, may approve the following antenna property, then upon written notice being installation. provided to the owner of the tower, the owner shall have 30 days to bring such (i) Locating on existing structures. Installation tower into compliance with such of an antenna on an existing structure other n requirements and criteria. If the owner than a tower (such as a building, sign, light r 1� fails to bring such tower into compliance pole, electric transmission tower and within 30 days, the city may terminate similarly scaled public utilities/facilities, water the owner's conditional use permit tower, or other free-standing nonresidential and/or cause the removal of such tower structure), provided that the addition of the (at the owner's expense), antenna does not add more than 20 feet of height to the original structure. (c) By making application hereunder, the applicant agrees to regularly maintain (2) Locating on existing tower not previously and keep in a reasonably safe and approved through §163.14 of the U.D.C. workmanlike manner all towers, antenna Existing towers that do not have cell arrays, fences and outbuildings owned antennas or arrays may not add such by applicant which are located in the capability without securing a conditional use. city. The applicant further agrees to Antennas may be replaced by similar conduct inspections of all such facilities antennas at the same height and for the not less frequently than every 12 same basic usage as the antennas being months. The applicant agrees that said replaced. inspections shall be conducted by one or more designated persons holding a (3) Locating on existing towers previously combination of education and approved through §163.14. Additional experience so that they are reasonably antennas may be placed upon any tower capable of identifying functional already approved through §163.14 of the problems with the facilities. U.D.C. so long as such additional antenna would not violate any requirements of the (10)Security fencing and anti-climbing device. conditional use permit or other provisions of Through the use of security fencing, towers §163.14. and equipment shall be enclosed by wood board fencing not less than six feet in height. (4) For the purpose of co-location,the applicant The tower shall also be equipped with an must submit information from a licensed appropriate anti-climbing device. The facility professional engineer certifying the capacity shall lace signs P indicating "No 0 9 f the tower for additi'' onalP roviders and a Trespassing," "High Voltage," or other letter of intent from the applicant indicating pertinent information on the outside of the their intent to share space. fence, unless it is decided that the goals of this ordinance would be better served by (D) Other requirements. waiving this provisions in a particular instance. Barbed wire fencing or razor wire (1) Wireless communications facilities placed on shall be prohibited, top of buildings. When a wireless J communications facility extends above the (11)Vegetative screening requirements. roof height of a building on which it is ` Wireless communications facilities shall be mounted, every effort shall be made to -e*jr surrounded by buffers of dense tree growthconceal the facility within or behind existing CD163:10 Updates 1st Qtr 2012 pd U/2012 Klt f"_-----—`- Williams Title XVt 59'{{ ... Sel e i TITLE XV. UNIFIED DEVELOPMENT CODE CK�� architectural features to limit its visibility fromq ( ) Emergency and utility towers and antennas. public ways. Facilities mounted on a roof Towers and antennas under 35 feet in height shall be stepped back from the front fagade used for 9-1-1 services and utility monitoring in order to limit their impact on the building's (gas,water,sewer,traffic lights,etc.). silhouette. (5) Emergency services pole antennas and (2) Wireless communications facilities placed on microwave dish antennas. sides of buildings. Antennas which are side- mounted on buildings shall be painted or (a) Mayoral determination. If sufficient constructed of materials to match the color of information concerning gaps in vital the building material directly behind them. emergency services radio coverage or (E) Exemptions. microwave relay capability and the lack of any reasonable alternative is (1) Personal use. Towers for personal use presented to the Mayor who concludes an exemption to the which, including the height of all antenna foot height arrays,do not extend more than 80 feet from limitation ta requirement that the ground and shall meet the current antennas must b be within a permitted cell tower should be made to ensure public setbacks as required by zoning. safety, the Mayor may grant the (2) Temporary structures. Temporary structures following exemptions. designed to be used for not more than 14 (b) Emergency services antenna. The days in connection with a special event orfor Mayor may authorize the placement or any reasonable period of time in and extension of an emergency services immediately following an emergency, pole antenna affixed to the top of a including without limitation those towers permitted cell phone tower as long as which are identified as"C.O.W.s" or"Cellular the top of this antenna does not exceed on Wheels." 155 feet above the ground, nor has a (3) Existing towers. All existing towers may be diameter larger than four inches, replaced with the same type and height of (c) Emergency services microwave dish tower structure as currently exists. All antenna. The Mayor may authorize the replacement towers shall comply with placement of an emergency services §163.14(A) and (B) regarding color of microwave dish antenna on the outside towers, structural integrity and inspections of of a permitted cell phone tower as long towers, security fencing and anti-climbing as this dish antenna does not have a device, and vegetative screening diameter more than four feet. requirements. All existing guyed lowers shall also be subject to the following (F) Municipal profits from towers. The City of conditions: Fayetteville should actively market its own property and existing structures as suitable co- (a) A demolition permit shall be issued prior location sites. As noted above, the review to a building permit being issued for the process is shortened and simplified when co- replacement tower; location on city property is submitted by applicant. An annual lease amount should be (b) The demolition permit shall expire within charged according to the fair market value of the 90 days and shall require the existing location. In cases where the company no longer tower to be demolished within 90 days needs the tower, the city may require it to be from issuance of the building permit for removed. Applicants can provide co-location the replacement tower; space for city-owned antenna. (c) The new tower shall be constructed as (G) Abandoned antennas and towers. At such time close as technically feasible to the that a licensed carrier abandons or discontinues existing tower; operation of a wireless communication facility, such carrier will notify the city of the proposed (d) The replacement structure may be date of abandonment or discontinuation of increased in width to a maximum of 36 operations. Such notice shall be given no less inches. Existing guyed towers over 36 than 30 days prior to abandonment or inches shall not be increased in width discontinuation of operations. In the event that with a replacement tower, licensed carrier fails to give such notice, the wireless communications facility shall be considered abandoned upon, such CD163:11 j i 1 NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NEWSPAPE LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 479.442.1700 1 WWW.NWANEWS.COM RECEIVED AFFIDAVIT OF PUBLICATION OCT 0 3 2012 CITY OF FAYETTEVILLE I, Karen Caler, do solemnly swear that I am the Legal Clerk of the CITY CLERKS OFFICE Northwest Arkansas Newspapers, LLC,printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: ORDINANCE NO. 5527 AN ORDINANCE TO AMEND §16113 7,7 � k City of Fayetteville- WIRELESS 'COMMUNICATION FACILITIES yV OF THE UNIFIED DEVELOPMENT CODE V TO CLARK( HEIGHT IMITATIONS ,FORnnicnNsr ANTENNAS`" PLACED UPON; EXISTING Ordinance 5527 STRUCTURES TO EMPOWER THE ZONING A?dD DE1/Fl OPMENT ADMItVISTRATOR TO GRANT VARIAt9CE IN ABPROPRIATE'CIFCUIUISTANCESAND`TO=DECLAREAN=EMERGENCY " Was inserted in the Regular Editions on: WHEREAS for well over a decade the Citys express and clear,policy is to encourage °location of new antennas 9n.existing towers and structures>and September 27, 2012 WHEREAS,reasonable heightlimtations'forantennas placed upon structures are necessary to,assure reduced adverse casual impact to the building-s silhouette and to prase ve aesthetics butshould have`a varlapceprocedu[e'to,authorize the Zoning and_Development Adrninistrator to"allow slightly taller antennas in appro- priate circumstances with appropriate screening or other safeguards and i*snn Publication Charges: 123.21 WHEREAS,<KNWA;needs.totiave�its tlish� as"installthe right etl prbrnptly t g height to ensure traffic safety on the drive-aisle under the dish antenna so it can continue to transmit news and weather reports to ensure the peace and safety of our cltrzens , NOW,THEREFORE,BE IT ORDAINED'BY;THE`CITY 06ONCIL 6F."TI4 CITY OF FAYETTEVILLE,ARKANSAS. Section 1That the City Council of the City ofFayetteV d Arkansas.hereby amends§16313 Wireless Communication Facilities(c)Co location by repealing C4 (1)Locating on existing structures and enacting a replacement(1)Locating on l�1` existing struetur6s as shovfn beloJv "(1) Locating on existing structures. Installation of an antenna or antenna array Karen Caler on an existing structure other than a tower(such as a building light pole,electric transmission tower water ank or,other free slatTdibly;non resitlenttal„structure) providetl the antennaMorantennaarray and its support are not..more than 20 feet in height Tie Zornng and Development Administrator may grant a variance ofup tor10 additional feetln height wFTen such additopalheight is;-necessary for improve 'ifunctionality or safety and where ttie.reguirements;of(D)have been Subscribed and sworn to before me accomplished C�— Section 2 That t_d City Council of thg City of Fayettewile Arkansas hereby This �? day of U , 2012. declares that,pursuant to the need for traffic"safety and the need for KNWA's con- ` U tinued public service for news and weather reports and warnings an emergency is declared so that this ordinance shall take effect immediately and be in full force 1 antl effect upon ds passage by the City Council and execution by,,,May or Jordan PASSED and ARPROVED this 18th day of September 2D12 V By By LIONELD JQRDAN-Mayor, SONDRA E,SMITH City_ClerYTreasurer Notary Public My Commission Expires: 2,v alai CATHY JC .$ . Benton Nty Commissr_ February 2i: nuinm **NOTE** Please do not pay from Affidavit. Invoice will be sent.