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1 ORDINANCE NO. 17,664
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3 AN ORDINANCE AMENDING LITTLE ROCK, ARK. REV.
4 CODE (1988), CHAPTER 36, BY ADDING A NEW ARTICLE TO
5 THE ZONING ORDINANCE ENTITLED "WIRELESS
6 COMMUNICATIONS FACILITIES"; PROVIDING
7 DEFINITIONS; PROVIDING FOR PERMITTED LOCATIONS,
8 CONDITIONS FOR PLACEMENT; PROVIDING FOR
9 SEVERABILITY; REPEALER; PROVIDING FOR AN
10 EMERGENCY.
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12 WHEREAS, the Federal Government through the Federal Communications
13 Commission (FCC), has issued wireless communications licenses for personal communication
14 services and other wireless technologies in order for those license holders to provide wireless
15 services throughout the United States of America;
16 WHEREAS, the demand by citizens for new wireless communications services has
17 produced an increased need for installation of wireless antennas and wireless communications
18 facilities to serve the public, including the citizens in Little Rock;
19 WHEREAS, Wireless Communication Facilities (WCF) are supportive of public
20 health, safety and welfare in that they provide useful portable communication services for
21 personal convenience, business and emergency purposes;
22 WHEREAS, the FCC has required license holders to provide coverage to areas where
23 wireless communication licenses have been acquired and this may require such facilities to be
24 constructed in specified locations and manners determined by engineering standards to achieve
25 such coverage, and thus there may be limited ability to choose alternative locations;
26 WHEREAS, the Federal Telecommunications Act of 1996 (FTA) preserves local
27 zoning authority to regulate WCF; provided, however, that the FTA mandates that localities
28 may not unreasonably discriminate between FCC license holders and that localities cannot
29 prohibit or effectively prohibit the provision of wireless services, and the FTA gives the FCC
30 sole jurisdiction over Radio Frequency emissions provided the WCF meet FCC standards
31 therefor;
32 WHEREAS, additional WCF are required to provide quality communication services
33 to meet the growing needs of the public and businesses for wireless communication and should
34 be accommodated just as infrastructure for utilities has been accommodated in the City;
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1 WHEREAS, WCF should be reasonably regulated to minimize potential aesthetic
2 impacts on the surrounding area; and
3 WHEREAS, The Board of Directors imposed a 90 day moratorium on the
4 development of WCF and subsequently extended the moratorium 45 days in order that the
5 Planning Commission may complete its review and provide a recommendation on the enactment
6 of WCF regulations; and
7 WHEREAS, the Planning Commission has completed its review and has unanimously
8 recommended the adoption of the regulations set forth herein.
9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
10 OF THE CITY OF LITTLE ROCK, ARKANSAS:
11 SECTION 1: Chapter 36 is amended to add a new Article X11 to be entitled "Wireless
12 Communications Facilities" and to provide as follows:
13 See. 36 -590 DEFINITIONS
14 Antenna Array means one or more rods, panels, discs or similar devices used
15 for the transmission or reception of radio frequently signals, which may include an omni
16 directional antenna (rod), a directional antenna (panel) and a parabolic antenna (disc). The
17 Antenna Array does not include the Support Structure defined below.
18 Attached Wireless Communications Facility (Aldached WCF) means Antenna
19 Array attached to an existing building or structure which shall include, but not be limited to,
20 utility poles, signs, water towers, with any accompanying pole or device that attaches the
21 Antenna Array to the existing building or structure and associated connection cables, and any
22 Equipment Facility which may be located either inside or outside the Attachment Structure.
23 Collocation or Site Sharing means use of a common WCF or common site by
24 two or more wireless license holders or by one wireless license holder for more than one type
25 of communications technology or placement of a WCF on a structure owned or operated by
26 a utility or other public entity.
27 Development Standards. As used in this article Development Standards shall
28 mean those standards set forth in Sec. 36 -593 of this Article.
29 Director means the Director of the Department of Planning and Development.
30 Equipment Facility means any structure used to contain ancillary equipment for
31 a WCF that includes cabinets, shelters, a build -out of an existing structure, pedestals, and other
32 similar structures.
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1 FAA means the Federal Aviation Administration.
2 FCC means the Federal Communication Commission.
3 FTA means the Federal Telecommunications Act of 1996.
4 Height. When referring to a WCF, Height shall mean the distance measured
5 from ground level to the highest point on the WCF, including the Antenna Array.
6 Review Process. As used in this article, Review Process shall mean those
7 processes set forth in Section 5 of this Article.
9 Setback means the required distance from the WCF to the property lines of the
9 parcel on which the WCF is located.
10 Stealth Technology means systems, components and materials used in the
11 construction of WCF which are designed to mask or conceal the WCF to make it compatible
12 with the surrounding property.
13 Support Strucnrre means a structure designed and constructed specifically to
14 support an Antenna Array, and may include a monopole, tower, and other similar structures.
15 Support Structure shall not include a self supporting (lattice) or guy -wire supported tower. Any
16 device used to fasten an Attached WCF to an existing building or structure shall be excluded
17 from the definition of and regulations applicable to Support Structures.
18 Temporary Wireless Communication Facility (Temporary WCF) means a WCF
19 to be placed in use for ninety (90) or fewer consecutive days at the same location.
20 Tower Use Permit (TUP) means a permit issued by the City specifically for the
21 location, construction and use of a WCF subject to an approved site plan and special conditions
22 determined by the Planning Commission to be appropriate under the provisions of this Article.
23 Wireless Commmrications means any personal wireless service as defined in the
24 Telecommunications Act of 1996, which includes FCC licensed commercial wireless
25 telecommunications services including cellular, personal communication services (PCS),
26 specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and
27 similar services that currently exist or that may in the future be developed.
28 Wireless Communication Facility (WCF) means any unstaffed facility for the
29 transmission or reception of wireless telecommunications services, usually consisting of an
30 Antenna Array, connection cables, an Equipment Facility, and a Support Structure to achieve
31 the necessary elevation.
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i Section 36 -591 PURPOSE AND GOALS
2 A. The purpose of this ordinance is to establish general guidelines for the siting
3 of WCF.
4 B. The goals of this ordinance are to:
5 1. provide a range of locations for WCF in all zones unless otherwise prevented
6 by law;
7 2. within each zoning district, provide clear performance standards addressing the
8 siting of WCF;
9 3. encourage the location of WCF on existing structures, including utility poles,
10 signs, water towers, buildings and other WCF where feasible;
11 4. encourage Collocation and Site Sharing of new and existing WCF;
12 5. facilitate the use of public property and structures for WCF;
13 6. streamline and expedite permitting procedures to effect compliance with the
14 Federal Telecommunications Act of 1996;
15 7. enhance the ability of providers of telecommunications services to provide such
16 service to the community quickly, effectively, and efficiently;
17 S. protect residential areas from the uncontrolled development of WCF by
18 requiring reasonable siting conditions.
19 Section 36 -592 APPLICABILITY
20 A. Pre - existing WCF. WCF for which a permit has been issued prior to the effective
21 date of this ordinance shall not be required to meet the requirements of this ordinance as further
22 specified in Sec. 36 -598 of this Article.
23 B. Relationship to Other Ordinances. This ordinance shall supersede all conflicting
24 requirements of other code provisions and ordinances regarding the locating and permitting of
25 WCF.
26 Sec. 36 -593 DEVELOPMENT STANDARDS
27 A. Height Standards
28 1. Attached WCF
29 Attached WCF shall not add more than twenty (20) feet in height to the existing
30 building or structure to which it is attached (Attachment Structure).
31 2. WCF With Support Structures
32 WCF with Support Structures shall have a maximum height of 150 feet in all
33 zones.
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1 B. Setback Standards
2 1. Attached WCF. Antenna Arrays for Attached WCF are exempt from the setback
3 provisions of the zone in which they are located. An Attached WCF Antenna Array may extend
4 up to 30 inches horizontally beyond the edge of the Attachment Structure so long as the
5 Antenna Array does not encroach upon an adjoining parcel.
6 2. WCF with Support Structures. WCF with Support Structures shall meet the
7 setback requirements for principle structures of the underlying zone in which they are located.
8 3. WCF with Support Structures abutting residential abutting property. WCF with Support
9 Structures which abuts residential property on any side shall be set back a distance at least the
10 height of the tower measured from the base of the tower to the property line of the residential
11 lot.
12 C. Landscaping and Screening
13 1. New WCF With Support Structures and Attached WCF with new building
14 construction shall be landscaped in accordance with Chapter 15 and shall comply with the
15 buffer requirements of Chapter 36 of this code.
16 2. Existing mature tree growth and natural landform on the site shall be preserved
17 to the extent feasible; provided, however, that vegetation that causes interference with the
18 antennas or inhibits access to the Equipment Facility may be trimmed.
19 3. Existing vegetation on a WCF site may be used in lieu of required landscaping
20 where approved by the Planning Commission.
21 D. Aesthetics, Placement, Materials and Colors
22 WCF shall be designed so as to be compatible with the existing structures and
23 surroundings to the extent feasible, including placement in a location which is consistent with
24 proper functioning of the WCF, the use of compatible or neutral colors, or stealth technology.
25 E. Lighting and Signage
26 1. WCF shall not be artificially illuminated, directly or indirectly, except as may be
27 required by State or federal law, and except for:
28 (a) security and safety lighting of equipment buildings if such lighting is
29 appropriately down shielded to keep light within the boundaries of the site; and
30 (b) such illumination of the WCF as may be required by the FAA or other
31 applicable authority installed in a manner to minimize impacts on adjacent residences.
32 2. WCF shall not display any signage, logos, decals, symbols or any messages of
33 a commercial or noncommercial nature, except for a small message containing provider
34 identification and emergency telephone numbers.
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F. Security Fencing
WCF with Support Structures shall be enclosed by a security fence not less than
6 feet in height. Security features may be incorporated into the buffer, landscaping and
screening requirements for the site. Nothing herein shall prevent security fencing which is
necessary to meet requirements of State or Federal agencies.
G. Radio Frequency Emissions
1. The FTA gives the FCC sole jurisdiction of the regulation of Radio
Frequency (RF) emissions, and WCF which meet the FCC standards shall not be conditioned
or denied on the basis of RF impact.
2. In order to provide information to its citizens, copies of ongoing FCC
information concerning WCF and RF emission standards may be requested. Applicants for
WCF shall be required to provide information with the application on the measurement of the
effective radiated power of the facility and how this meets the FCC standards.
3. No sound emissions such as alarms, bells, buzzers or the like are
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16 A. Structural Integrity
17 WCF with Support Structures shall be constructed to the Electronic industries
18 Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard
19 entitled "Structural Standards for Steel Antennas Towers and Antenna Supporting Structures"
20 (or equivalent), as it may be updated or amended. WCF with Support Structure shall be capable
21 of supporting at least two antenna arrays.
22 1. Collocation Agreement
23 All applicants for WCF With Support Structures are required to execute a
24 statement upon filing the application agreeing to allow collocation of other WCF providers.
25 See. 36 -594 REVIEW PROCESS
26 A. General
27 The applicable Development Standards referred to herein are those set forth in
28 Sec. 36 -593 of this Article.
29 B. Permitting Procedures
30 Attached WCF with or without new building construction and WCF With
31 Support Structures that meet the Development Standards are permitted by Administrative
32 Review. All WCF applications that do not conform with the Development Standards shall be
33 permitted through a Tower Use Permit (TUP) review.
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I C. WCF As Part of Coordinated Development Approval
2 WCF as part of a proposed residential or nonresidential subdivision, Planned
3 Zoning District (PZD), site plan, conditional rezoning, or other coordinated development
4 approval shall be reviewed and approved through those processes.
5 D. WCF for Temporary Term
6 Temporary WCF for a term not to exceed 90 days are permitted by
7 Administrative Review, and in case of emergency shall be given expedited review.
8 Sec. 36 -595 APPROVAL PROCEDURES
9 A. Administrative Review
10 1. Review of WCF under this Section shall be conducted by the Department
11 of Planning and Development upon filing a WCF application.
12 2. Review Criteria. The Department of Planning and Development
13 shall review the application for compliance with the Development Standards.
14 3. Timing f Decision The Department of Planning and Development
15 shall render a decision on the WCF application by written response to the applicant within five
16 (5) business days after receipt of the application, except that an extension may be agreed upon,
17 by the applicant.
18 4. If administrative approval is not obtained due to noncompliance with the
19 Development Standards the applicant may apply for a TUP.
20 B. Tower Use Permit (TUP)
21 1. Approval Bpd V. The body that. shall review and approve and have final
22 authority of TUP shall be the Planning Commission.
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23 2. (a) Application Contents. Each applicant requesting a TUP under this
24 Article shall submit a scaled site plan containing a scaled elevation view and other supporting
25 drawings, calculations and other documentation showing the location and dimensions of the
26 WCF and all improvements associated therewith, including information concerning
27 specifications, antenna locations, Equipment Facility and shelters, landscaping, parking, access,
28 fencing, and if relevant as determined by staff, topography, adjacent uses and existing
29 vegetation.
30 (b) Proprietary Information. Any proprietary information required to
31 comply with the application process shall be placed in a separate envelope clearly marked
32 "Proprietary Information - To Be Returned." Upon completion of staff review, or upon request
33 by any other person for this information, this marked material shall be returned to the applicant.
34 Under no circumstances shall the City maintain proprietary information as a public record.
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1 3. Submission Reglirements. Application for a TUP shall be submitted to
2 the Department of Planning and Development on forms provided by staff. The application shall
3 be accompanied by a site plan containing the information described above, together with the
4 appropriate fee described in §23 -3. The site plan shall be filed for review by the Planning „
5 Commission not later than the filing date set by calendar.
6 4. Notice. Notice of the application and the public hearing by Planning
7 Commission shall be given in accordance with the procedures under the zoning ordinance for
8 notice of applications and hearings before the Planning Commission.
9 5. Hearing, The Planning Commission shall review and consider the
10 application for a TUP at a public hearing. At the hearing interested persons may appear and
11 offer information in support or opposition to the proposed application. The Planning
12 Commission shall take one of the following actions:
13 1. approve the application as submitted;
14 ii. approve the application with conditions or modifications;
15 iii. defer the application for additional information or neighborhood input;
16 iv. deny the application.
17 (a) Development Standards. Every application for a TUP shall be
18 reviewed for compliance with the Development Standards set forth in Sec. 36 -593; provided
19 that the applicable Development Standards may be reduced or waived so long as the approval
20 of the WCF meets the goals and purposes of Sec. 36 -591 herein. The Planning Commission
21 may authorize a variance from the Development Standards by specific inclusion in a motion for
22 approval. No such variance authorized by the Planning Commission shall be subsequently
23 applied for a variance to the board of zoning adjustment.
24 (b) Tower Siting Conditions. The Planning Commission may impose
25 conditions and restrictions on the application or on the premises benefitted by the TUP as it
26 deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of
27 the WCF with the surrounding property, in accordance with the purposes and intent of this
28 Chapter. The violation of any condition shall be grounds for revocation of the TUP. The
29 Planning Commission may impose such conditions in addition to the Development Standards
30 upon the following findings:
31 1. The WCF would result in probable significant adverse visual impact on
32 nearby residences.
33 ii. The conditions are based upon the purpose and goals of this ordinance
34 as set forth in Sec. 36 -591.
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I iii. The conditions are reasonable and capable of being accomplished.
2 6. Findings. All decisions rendered by the Planning Commission under
3 a TUP shall be final and shall be supported by written findings of fact and conclusions of law
4 based upon substantial evidence in the record.
5 7. Timing of Decision. The Planning Commission shall render its decision
6 on the date of the next scheduled public hearing for which the application is filed.
7 8. Appeals. The decision of the Planning Commission may be appealed to
8 the Board of Directors of the City under the following circumstances:
9 (a) Only the applicant and those who registered an objection to the TUP in
10 the record of the Planning Commission shall have standing to appeal.
11 (b) Only such evidence or testimony in support of or opposition to the
12 issuance of the TUP which was provided to the Planning Commission may be presented to the
13 Board of Directors unless the Board, by majority vote, decides to hear new information.
14 (c) In the course of its consideration of an application the Planning
15 Commission may deem it necessary to employ an engineer(s) qualified in the design and
16 installation of WCF to assist the City in the technical engineering aspects of the application. In
17 such cases, any reasonable costs incurred by the City not to exceed fifteen hundred dollars
18 ($1,500) for the engineer review and recommendation shall be reimbursed by the applicant
19 prior to the final City hearing on the TUP.
20 (d) Appeal of decisions of the Board of Directors shall be filed in Chancery
21 Court within thirty (30) days of the final decision on the TUP.
22 See. 36 -596 SHARED FACILITIES AND COLLOCATION POLICY;
23 FACILITATING LOCATION ON PUBLIC PROPERTY
24 A. Collocation
25 All WCF With Support Structure shall be constructed to be capable of sharing
26 the facility with other providers, to collocate with other existing WCF and to accommodate the
27 future collocation of other WCF, where technically and practically feasible. Applicants
28 proposing a new WCF With Support Structure shall demonstrate that it has made a reasonable
29 good faith attempt to find a collocation site acceptable to engineering standards and that none
30 was technically or practically feasible. Competitive conflict and financial burden are not deemed
31 to be adequate reasons against collocation.
32 B. Location On Public Property
33 The City will work with telecommunication providers to facilitate the siting of WCF on
34 City owned or controlled property, by identifying existing facilities, the appropriate contact
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1 persons, and the appropriate procedures in accordance with this Article.
2 Sec. 36 -597 REMOVAL OF ABANDONED WCF
3 Any WCF that is not operated for a continuous period of twelve (12) months or such
4 lesser time if the City is so advised by the provider or landowner, shall be considered
5 abandoned, and the owner of such WCF shall remove same within ninety (90) days of notice
6 to the City that the WCF is abandoned. If the abandoned WCF is not removed within ninety
7 (90) days, the City may remove it and recover its cost from the owner of the WCF or from the
8 landowner. If there are two or more users of a single WCF this provision shall not become
9 effective until all providers cease to use the WCF.
10 Sec. 36 -598 NONCONFORMING WCF
11 WCF in existence on the date of the adoption of the ordinance, which do not comply
12 with the requirements of this ordinance (nonconforming WCF) are subject to the following
13 provisions.
14 (a) Nonconforming WCF may continue in use for the purpose now used, but
15 may not be expanded without complying with this Article, except as further provided in this
16 Section.
17 (b) Nonconforming WCF may add additional antennas (belonging to the
18 same provider or other providers) subject to Administrative Review under Sec. 36 -595 of this
19 Article.
20 (c) Nonconforming WCF which become damaged or destroyed due to any
21 reason or cause, may be repaired and restored to its former use, location, and physical
22 dimensions subject to the provisions of this Article.
23 SECTION 2. SEVERABILITY
24 The various parts, sections and clauses of this ordinance are hereby declared to be
25 severable. If any part, sentence, paragraph, section or clause in adjudged unconstitutional or
26 invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
27 thereby.
28 SECTION 3. REPEALER
29 Any ordinances or parts thereof in conflict with the provisions of this ordinance are
30 hereby repealed to the extent of such conflict.
31 SECTION 4. EMERGENCY
32 The City has experienced a significant increase in the number of requests for
33 permission to erect Wireless Communication Facilities in the City. In order to provide adequate
34 time to draft and consider regulations to control the placement of such WCF a moratorium was
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I declared to suspend the processing of WCF applications. The Little Rock Planning
2 Commission has now completed its review and recommendation of the proposed regulations
3 and the WCF providers need to proceed with the new application process as soon as possible
4 in order to provide coverage to areas in which their licenses have been acquired. Therefore,
5 an emergency is declared to exist and this ordinance shall become effective on the date of its
6 passage for the health, safety and welfare of the citizens of the City of Little Rock.
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8 PASSED: January 20, 1998
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10 ATTEST: APPROVED:
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14 ROBBIE HANCOCK J DAILEY
15 CITY CLERK MAYOR
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18 APPROVED AS TO FORM:
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21 THOMAS M. CARPENTE
22 CITY ATTORNEY
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