Chapter 25.85 -T TELECOMMUNICATION TOWER OVERLAY ZONE


Section 25.85.040 General requirements.

    1. Rezoning.  A petition for approval of a rezoning to a –T Telecommunication Tower Overlay zone shall be considered for approval in the same manner as any other zoning map amendment pursuant to subchapter I of chapter 25.12 with the following additional submittal and approval requirements:
        a. A development plan, prepared by a licensed professional engineer, showing:
            (1) The names and addresses of the property owner, the petitioner/developer;
            (2) A legal description of the property and either a plat of survey, prepared by a licensed land surveyor, or a dimensioned, scalable drawing of the site if it is an entire separate parcel;
            (3) The existing zoning classification of the subject property and all adjacent property within 100 feet;
            (4) The locations and dimensions of each proposed tower and support facilities shown within a construction site envelope, which constitutes the limits of adjustment in placement of the structures. Dimensions should be sufficient to establish the minimum separations and setbacks for the towers and support facilities within any construction site envelopes from property lines;
            (5) The height of proposed towers relative to the ground at the tower location;
            (6) Location, description and height of fences and/ or screening to be provided; and
            (7) A grading plan showing the existing and proposed contours in compliance with the standards in the city’s grading regulations, Chapter 20.30 of the Municipal Code;
        b. A report from a licensed professional engineer that describes the structural capacity of the tower in terms of the number and type of antennas it can accommodate.  Towers shall be designed to carry the antennas of at least three providers.
        c. A propagation study, prepared by a radio frequency engineer, showing the need for the proposed telecommunication facility to maintain or secure the geographic coverage or operational integrity of the telecommunication system.  The need for the proposed telecommunication facility is to be demonstrated by showing that identified gaps in service will be eliminated by coverage to be provided.  A map showing the affected service areas of the telecommunication system with and without the proposed telecommunication tower should be included as part of this explanation.
        d. A study comparing all potential host sites within a one-half mile radius of the subject site.  The Planning Director may require that the comparison study be extended beyond the one-half mile radius to include other specific identifiable potential host sites.  Potential sites shall include existing buildings and towers,  properties where towers would be permitted as a matter of right, and any sites specifically approved by a lease of public property for use as a site for a telecommunication tower.  The study shall include a description for the surrounding sites, a discussion of the ability or inability of the site to host a telecommunication facility and the reasons that the surrounding sites were excluded from consideration. The applicant must demonstrate that the other sites are not available due to one or more of the following reasons:
            (1) Unwillingness of the owner to entertain a telecommunications facility proposal;
            (2) Topographic limitations of the site;
            (3) Adjacent impediments that would obstruct telecommunication transmission;
            (4) Physical site constraints that would preclude the construction of a telecommunication tower;
            (5) Technical limitations of the system;
            (6) The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned use for those facilities;
            (7) Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably; or
            (8) Other factors that render the site or facility unsuitable as demonstrated by the applicant.
        e. A photographic simulation of the proposed telecommunication tower and facilities as seen from affected residential areas and from public right-of-way or other public property.  
        f. A binding commitment to lease space on the tower  to other providers at a fair market cost.  
        g. A copy of any lease between the applicant and the owner of the land.  The lease shall contain the following provisions:
            (1) The landowner and the applicant shall have the ability to enter into leases with other telecommunications carriers for co-location.
            (2) The landowner shall be responsible for the removal of the communications tower or facility in the event the lessee fails to remove it upon abandonment.
        h. Notification of the public hearing on the rezoning petition to -T Overlay Zone pursuant to section 25.22.020(2)(c)(2) shall be extended from 200 feet to a distance equal to five times the height of the tower proposed in the development plan under consideration.
 (Ord. 2001-0886; 2001-0364; 2001-0219)