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HomeMy WebLinkAbout10074o, N I N w u, 0 ea N d w p 00 LA I i 0 4j F0 v b q a u K d w 0 L 0 0 Z v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. 10,074 A RESOLUTION ESTABLISHING A 90 DAY MORATORIUM ON PERMITS . FOR ERECTION OF WIRELESS COMMUNICATIONS FACILITIES IN THE CITY. Ph 0ffi WHEREAS, the Federal government, through the Federal Communications Commission (FCC), has issued wireless communications licenses for personal communication services and other wireless technologies in order for those license holders to provide wireless services throughout the country; WHEREAS, the demand by citizens for new wireless communications services has produced an increased need for installations of wireless antennas and wireless communications facilities (WCF) to serve the public, including the citizens in Little Rock; WHEREAS, while the City has processed a substantial number of requests for WCF permits under, its current regulations, the City is aware that due to the rapidly advancing technology of personal wireless services, together with the additional licenses which have been awarded by the FCC to providers in this area, will cause a substantial increase in the number of applications; WHEREAS, the current provisions of the zoning ordinance do not adequately address the variety of issues presented by the growing number of WCF permit requests, and the City requires a reasonable period of time without new permit requests in order to develop sufficient regulations concerning the technical issues related to facility siting; WHEREAS, reasonable and temporary moratoria on permits for wireless communication facilities have been held not to violate the Telecommunications Act of 1996. Sprint Spectrum, L.P. v. City of Medina, 924 F. Supp. 1036 (W.D. Wash. 1996). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Upon the effective date of this resolution, no new permit applications for wireless communications facilities, and no requests for modifications to existing permits, shall be accepted for processing by the City for a period of ninety (90) days. This moratorium shall not apply to applications pending on the effective date of this resolution. SECTION 2. During the moratorium the City will be developing and drafting siting regulations for wireless communications facilities for placement in the zoning ordinance, a draft of which is being distributed for public review and comment and is attached to this resolution as Exhibit "A ". M •. 1 SECTION 3. This moratorium on new WCF permits and modifications of existing 2 permits shall expire at the conclusion of such 90 day period. 3 4 ADOPTED: September 9, 1997 5 6 ATTEST: APPROVED: 7 8 9 ROBBIE HAN OCK JI DAILEY 10 11 CITY CLERK MAYOR 12 APPROVED AS TO FORM: 13 14� 15 THOMAS M. CARPEN R 16 CITY ATTORNEY 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 � M M M M '(�k'a WIRELESS CONINIUNICATIONS FACILITIES SECTION 1.0 DEFINITIONS a. Antenna Array means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequently signals, which may include omni directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The Antenna Array does not include the Support Structure defined below. b. Attached Wireless Communication Facility (Attached WCF) means Antenna Array that is attached to an existing building or structure (Attachment Structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device ( Attachment Device) which attaches the Antenna Array to the existing building or structure and associated connection cables, and any Equipment Facility which may be located either inside or outside of the Attachment Structure. C. Collocation or Site Sharing means use of common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology or placement of a WCF on a structure owned or operated by a utility or other public entity. d. Development Standards. As used in this article Development Standards shall mean those standards set forth in Section 4.0 e. Director means the Director of the Department of Planning and Development. f Equipment Facility means any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a build out of an existing structure, pedestals, and other similar structures. g. FAA means the Federal Aviation Agency. h. FCC means the Federal Communication Commission. I. FTA means the Federal Telecommunications Act of 1996. j. Height. When referring to a WCF, Height shall mean the distance measured from ground level to the highest point on the WCF, including the Antenna Array. k. Review Process. As used in this article, Review Process shall mean those processes set forth in Section 5 of this Article. 1. Setback means the required distance from the WCF to the property lines of the parcel on which the WCF is located. M. Stealth Technology means systems, components and materials used in the construction of WCFs which are designed to mask or conceal the WCF to make it compatible with the surrounding property. n. Support Structure means a structure designed and constructed specifically to support an Antenna Array, and may include a monopole, tower, and other similar structures. Support Structure shall not include a self supporting (lattice) or guy -wire supported tower. Any device (Attachment Device) which is used to fasten an Attached WCF to an existing building or structure (Attachment Structure) shall be excluded from the definition of and regulations applicable to Support Structures. o. Temporary Wireless Communication Facility (Temporary 6VCF) means a WCF to be placed in use for ninety (90) or fewer days. P. Wireless Communications means any personal wireless service as defined in the 1) Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. q. Wireless Communication Facility (WCF) means any unstaffed facility for the transmission or reception of wireless telecommunications services, usually consisting of an Antenna Array, connection cables, an Equipment Facility, and a Support Structure to achieve the necessary elevation. WCFs. SECTION 2.0 PURPOSE AND GOALS A. The purpose of this ordinance is to establish general guidelines for the siting of B. The goals of this ordinance are to: 1. provide a range of locations for WCFs in a variety of zones; 2. within each zone, provide clear performance standards addressing the siting of WCFs; 3. encourage the location of WCFs on existing structures, including utility poles, signs, water towers, buildings and other WCFs where feasible; 4. encourage Collocation and Site Sharing of new and existing WCFs. 5. facilitate the use of public property and structures for WCFs. 6. streamline and expedite existing permitting procedures in accordance with the intent of State statutes enacted which purpose is to effect compliance with the Federal Telecommunications Act of 1996; and 7. enhance the ability of providers of telecommunications services to provide such 3 service to the community quickly, effectively, and efficiently. 8. protect, to the extent possible, residential areas from the uncontrolled proliferation of WCFs by requiring reasonable siting conditions. SECTION 3.0. APPLICABILITY A. Pre - existing WCFs. WCFs for which a permit has been issued prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance as further specified in Section 9.0 herein. B. Relationship to Other Ordinances. This ordinance shall supersede all conflicting requirements of other code provisions and ordinances regarding the locating and permitting of WCFs. SECTION 4.0 DEVELOPMENT STANDARDS A. Heigbt Standards 1. Attached WCFs Attached WCFs shall not add more than twenty (20) feet in height to the existing building or structure to which it is attached (Attachment Structure). 2. WCFs With Support Structures WCFs with Support Structures shall have a maximum height of 75 feet in all zones. B. Setback Standards 1. Attached WCF. Antenna Arrays for Attached WCFs are exempt from the setback provisions of the zone in which they are located. An Attached WCF Antenna Array may extend up to 30 inches horizontally beyond the edge of the Attachment Structure so long as the Antenna Array does not encroach upon an adjoining parcel. 4 2. `�.1�Q WCFs with Support Structures. WCFs with Support Structures shall meet the setback requirements for principle structures of the underlying zone in which they are located. 3. WCFs with Support Structure proposed for construction on a lot that abuts any residential zone shall be set back a distance at least the height of the tower. C. Landscaping and Screening WCF sites shall be landscaped in accordance with the landscape requirements contained in Chapter 15 and the buffer requirements of this Chapter 36, except that the Antenna Array for any attached WCF is exempt unless the proposed site does not comply with the landscaping and buffer requirements of this code, in which case all features of the WCF shall comply. 2. Existing mature tree growth and natural landform on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the Equipment Facility may be trimmed. 3. Existing vegetation on a WCF site may be used in lieu of required landscaping where approved by the Planning Commission. D. Aesthetics, Placement, Materials and Colors WCFS shall be designed so as to blend with the existing structures and surroundings to the extent feasible, including placement in a location which is consistent with proper functioning of the WCF, the use of compatible or neutral colors, and stealth technology. E. Lighting and Signage 1. WCFs shall not be artificially illuminated, directly or indirectly, except for: a. security and safety lighting of equipment buildings if such lighting is 5 appropriately down shielded to keep light within the boundaries of the site; and b. such illumination of the WCF as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences. 2. WCFs shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature. F. Security Fencing WCFs with Support Structures shall be enclosed by a security fence not less than 6 feet in height and the Support Structures shall be equipped with an appropriate anti - climbing device, unless the applicant can demonstrate to the Planning Commission that the site is adequately secured by other measures. 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 WCFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. 2. In order to provide information to its citizens, copies of ongoing FCC information concerning WCFs and RF emission standards shall be made available. Applicants for WCFs shall be required to provide information with the application on the projected power density of the facility and how this meets the FCC standards. I. Structural Integrity WCFs with Support Structures shall constructed to the Electronic Industries M. Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antennas Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. SECTION 5.0 REVIEW PROCESS A. General The applicable Development Standards referred to herein are those set forth in Section 4.0 herein. B. Permitting Procedures 1. Attached WCFs I Attached WCFs in the Industrial, Commercial, Office and Residential zones that meet the Development Standards are permitted by right. Attached WCF applications that do not conform with the Development Standards, and Attached WCF applications that request new building construction, shall be permitted through a CUP review. 2. WCFs With Support Structures WCFs with Support Structures in the Industrial, Commercial, Office and Residential zones that meet the Development Standards are permitted by Administrative Review. WCFs with Support Structures in the Industrial, Commercial, Office and Residential zones that do not meet the Development Standards shall be permitted through a CUP review. C. WCF As Part of Coordinated Development Approval WCFs proposed as part of a residential or nonresidential subdivision, Planned Zoning District (PZD), site plan, conditional rezoning, or other coordinated development approval shall be reviewed and approved through those processes. VA D. WCF on City Property WCFs which do not require new building construction proposed to be constructed on property owned, leased or otherwise controlled by the City of little Rock, provided that the WCF has been approved by the governing authority, are permitted by right. E. WCF for Temporary Term Temporary WCFs for a term not to exceed 90 days are permitted by Administrative Review. SECTION 6.0 APPROVAL PROCEDURES A. Permitted By Right Where a facility is permitted by right only a building permit is required. B. Administrative Review 1. Review of WCFs under this Section shall be conducted by the Department of Planning and Development upon application for a building permit. 2. Review Criteria. The Department of Planning and Development shall review the application for compliance with the Development Standards. 3. Timing of Decision. The Department of Planning and Development shall render a decision on a complete building permit application by written response to the applicant within five (5) days after receipt of the application, except that an extension may be agreed upon by the applicant. 4. If administrative approval is not obtained, the applicant shall be required to obtain a CUP. C. Conditional Use Permit (CUP) �i I . Approval Body. The body that shall review and approve CUPS shall be the Planning Commission. 2. Application Contents. Each applicant requesting a CUP under this Article shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the WCF and all improvements associated therewith, including information concerning lower specifications, antenna locations, equipments shelters, landscaping and fencing and if relevant, topography, adjacent users and existing vegetation. Such submittal shall be in addition to the submission requirements of LRC §36 -101. 3. Notice. Notice of the application and the public hearing by Planning Commission shall be given in accordance with the procedures under the zoning ordinance for notice of applications and hearings before the Planning Commission. 4. Hearing. The Planning Commission shall review and consider the application for a Conditional Use Permit at a public hearing held in accordance with LRC § 36- 101 - -109. 5. Conditional Use Criteria a. Development Standards. Every application for a CUP shall be reviewed for compliance with the Development Standards set forth in Section 4.0 herein; provided that the applicable Development Standards may be reduced or waived so long as the approval of the WCF meets the goals and purpose of Section 2.0 herein. The Development Standards may be increased as provided in subsection 5.b herein. b. Conditional Use Conditions. The Planning Commission may impose conditions in addition to the Development Standards if all of the following findings have been made: I. The WCF would result in probable significant adverse visual impact on Vol f nearby residences. ii. The conditions are based upon the purpose and goals of this ordinance as set forth in Section 2.0 and other adopted policies or regulations of the City. iii. The conditions are reasonable and capable of being accomplished. 6. Findings. All decisions rendered by the Planning Commission under a Conditional Use Permit shall be supported by findings of fact and conclusions of law based upon substantial evidence in the record. 7. Timing of Decision. The Planning Commission shall render its decision at the next scheduled public hearing for which the application is filed, unless the Planning Commission can demonstrate that more time is required and the time extension is agreed to by the applicant. 8. Appeals. The decision bf the Planning Commission may be appealed to the Board of Directors of the City in accordance with the zoning ordinance procedures for appeal for such decisions. SECTION 7.0 SHARED FACILITIES AND COLLOCATION POLICY; FACILITATING LOCATION ON [CITY] PUBLIC PROPERTY A. Collocation FCC licensed Wireless Communication providers are [encouraged] [required] to construct and site their WCFs with a view towards sharing facilities with other utilities, to collocation with other existing WCFs and to accommodating the future collocation of other future WCFs, where technically and practically feasible. FCC Licensed Wireless Communication providers proposing a new WCF with a Support Structure shall demonstrate that it made a reasonable attempt to find a collection site acceptable to engineering standards and that none was 10 l_ • technically or practically feasible. B. Location On Public Property i The City will work with telecommunication providers to facilitate the siting of WCF's on publicly owned property, by identifying existing facilities, the appropriate contact persons, and the appropriate procedures. SECTION 8.0 REMOVAL OF ABANDONED WCFs Any WCF that is not operated for a continuous period of twelve (12) months or'such lesser time if the City is so advised by the provider or lessor landowner, shall be considered abandoned, and the owner of such WCF shall remove same within ninety (90) days of notice to the City that the WCF is abandoned. If the abandoned WCF is not so removed within ninety (90) days, the City may remove it at the owner's expense. If there are two or more users of a single WCF, then this provision shall not become effective until all users cease using the WCF. SECTION 9.0 NONCONFORMING WCFs WCFs in existence on the date of the adoption of the ordinance, which do not comply with the requirements of this ordinance ( nonconforming WCFs) are subject to the following provisions. a. Nonconforming WCFs may continue in use for the purpose now used, but may not be expanded without complying with this ordinance, except as further provided in this Section 9.0 b. Nonconforming WCFs may add additional antennas (belonging to the same carrier or other carriers) subject to Administrative Review pursuant to Section 6.0(b) of this ordinance. C. Nonconforming WCFs which are hereafter damaged or destroyed due to any reason -45 ® or cause may be repaired and restored to their former use, location, and physical dimensions subject