§ 17.6.112. Low power radio service antenna facilities (cellular phone transmission towers and facilities).

A.

Intent. It is the intent of this section to establish an approval procedure and placement standards and criteria too more adequately address the various planning issues relating to the placement of low power radio service antenna facilities within the city—including issues of demand, visual mitigation, noise, engineering, residential impacts, health, safety and facility sites—while ensuring that such procedure, standards, and/or criteria do not unreasonably discriminate among competing wireless telecommunications service providers.

B.

Procedure for approval. The applicable procedure to be followed in securing approval of a low power radio service antenna facility shall be as follows:

1.

When proposed for placement within the I-1 Industrial, CC-1 Central Commercial or GC-1 General Commercial zones, approval shall be sought and obtained from the planning commission in accordance with the provisions of Section 17.6.101.

2.

When proposed for placement in any other zone, approval shall be sought and obtained from the city council following receipt of a recommendation from the planning commission.

3.

The appropriate governmental body under subsections B.1. and B.2. above (i.e., the approval authority) shall act on a request for such approval within a reasonable period of time.

C.

Standards and criteria—Definitions. For purposes of facilitating regulation, low power radio service antenna facilities are divided into three categories. The characteristics of each category and the specific standards and criteria applicable to each shall be as hereinafter set forth.

1.

Monopole antenna. (A single cylindrical steel or wooden pole attached directly to the ground that acts as the support structure for the antenna and antennas)

a.

Location. Monopole antennas shall be permitted in any zone or development project in which low power radio service antenna facilities are listed as a permitted or conditional use. The pole may be placed on a separate site owned by the user and dedicated exclusively as an antenna or may be "co-located" on a site occupied by a primary or "host" structure and occupied on a lease basis. The placement site shall have adequate access, and in the instance of a lease site shall not have the effect of reducing the requirements applicable to the host structure or use in violation of the development code or an approved development plan.

b.

Maximum height. The maximum height of any monopole structure shall be sixty feet as measured from the prevailing ground surface in the vicinity of the pole to the top of the pole or the top of the highest antenna attached thereto, whichever is higher, except when authorized pursuant to the provisions of paragraph k. of this section. Each monopole structure shall be freestanding and shall not require the use of guy wires for support. In addition, a monopole may contain one whip type antenna which extends above the monopole, provided, that the point of attachment to the monopole is at or below the maximum height as set forth in this paragraph and does not extend more than ten feet above the top of the antenna array.

c.

Antenna(s). Each monopole may contain one or more antenna structures. The size, type and placement of each antenna structure attached to the monopole shall be in accordance with the standards for antenna type as set forth on Figures 1 and 2 of this section. Any proposal to add an additional antenna or antenna array to an existing monopole, additional base facilities, rungs, or other modification to an approved cell tower shall require a separate approval.

d.

Spacing. Except as specifically provided herein, no monopole structure shall be located closer than one-half mile from any other monopole structure. A monopole structure described and provided for in subsection k.(1) of this section may be located closer than one-half mile from another monopole structure described and provided for by such subsection.

e.

Distance from residences.

(1)

New monopole. No monopole structure shall be located closer than six hundred fifty feet from any residence when the pole is located in a residential zone, or six hundred fifty feet from any residential zone boundary when proposed for placement in a professional office, commercial, industrial or public facilities zone.

(2)

Additional antenna on existing monopole. Notwithstanding the provisions of subparagraph (1) above, additional antenna may be added to an existing monopole structure located in any commercial or industrial zone provided, that the existing pole is located not closer than four hundred feet from any residence or the boundary of any residential zone district located within the city.

f.

Placement on undeveloped parcels not permitted. Monopoles proposed to be located within a residential zone shall be placed only upon property currently developed, e.g., park, golf course, and school campus property. No such facility shall be permitted on lands which are currently vacant, used for agriculture, or otherwise considered probable for development for residential purposes.

g.

Lighting. No portion of the antenna or structure shall be lighted and no such structure shall be permitted in a location which requires the use of flashing or other warning lights.

h.

Color. The color of the monopole and antenna structure shall be white, or such other color as will blend with the surrounding environment, as approved by the approval authority.

i.

On-site placement. Co-located monopole structures shall be placed in the interior yard area of the host lot. Such structures shall not be placed in required landscape areas or required parking spaces.

j.

Accessory facilities. Appurtenant buildings or facilities shall comply with the setback requirements of the zone or development plan. Monopoles shall be protected from unauthorized access through the use of an enclosure fence having a height of six feet, and by ensuring that the climbing pegs are removed from the lower twenty feet of the pole. All electric power lines leading to any free standing accessory building or structure shall be underground.

k.

Exception to height and lighting restrictions. The height and lighting restrictions of paragraphs C.1.b. and C.1.g. may be waived by the approval authority where the low power radio service antenna facility is to be mounted on the following types of poles or monopoles, subject to the conditions set forth herein:

(1)

When proposed for placement on a municipal or public utility pole used for other purposes. An antenna structure may be attached to a municipal or public utility pole that is lawfully erected and maintained and is used for a primary purpose other than that of providing low power telecommunications service (e.g. electric transmission, street lights, and ball park lighting), subject to the following: (a) the proposed antenna structure shall be situated not more than twenty feet above the location of the primary (i.e., not telecommunications-related) facilities on the pole (e.g. the sports field lighting cluster) or eighty feet above the prevailing ground surface in the vicinity of the pole, whichever is lower, (b) the pole shall contain not more than one antenna structure (or cluster), (c) the pole is already in existence at the time that an application is made for approval of the placement of the antenna structure, or is a proposed replacement of an existing pole (including a proposed replacement at a greater height than the pole being replaced, but only if the approval authority finds that the proposed enlarged replacement is consistent with the intent of this code and with the vicinity where the proposed replacement is requested to occur - considering such factors as zoning, public safety, location and aesthetics); and (d) the pole conforms to all other provisions related to monopole structures as set forth under this section.

(2)

When proposed for placement on an existing communication monopole. Additional antenna structures may be attached to an existing monopole that lawfully exists under current law and was erected and is used primarily for low power telecommunications service, subject to the following: (a) the existing pole is capable of accommodating the proposed antenna cluster without structural modifications, (b) the pole and antenna structure conform to all other applicable provisions of this section and (c) no portion of the proposed antenna structure shall be higher than permitted under paragraph C.1.b. above, except that in the event the pre-existing monopole was initially constructed at a height greater than permitted under paragraph C.1.b., the maximum height of any portion of an additional antenna shall be eighty feet.

(3)

When proposed for placement in an I-1 industrial zone located south of 1500 South. When proposed to be placed within any portion of the I-1 industrial zone located south of 1500 South Street, the maximum height of a monopole may be increased to ninety feet and the minimum spacing of monopole structures may be reduced to one thousand feet.

(4)

Monopole overlay zone authorized—Maximum height allowed within a designated cell tower overlay zone—Other condition. To more adequately facilitate placement and regulation of monopoles in areas containing adverse topographic conditions, there is hereby established the following cell tower overlay zone. The boundaries of said zone and the specific elevation applicable thereto shall be as hereafter adopted by the city council.

The maximum height of a monopole located within the cell tower overlay zone shall be not more than forty-five feet above the elevation of the topography surrounding the overlay zone or eighty feet, whichever is less. In addition, the design of the monopole shall utilize a stealth design resembling trees or other natural condition which is acceptable to the city.

l.

Distance from boundary of historic district. No monopole structure shall be located closer than six hundred fifty feet from the boundary of any designated historic district.

2.

Wall mounted antenna. (An antenna or series of individual antennas mounted against the vertical wall of a building.

a.

Location. Wall-mounted antennas shall be permitted in any zone or development project in which low power radio service antenna facilities are listed as a permitted or conditional use.

b.

Antenna placement. The size, type and placement of antenna structure shall be in accordance with the standards for antenna type as set forth on Figure 3. No portion of the antenna shall project above the wall to which it is attached.

c.

Color, architectural compatibility. Antennas, equipment and supporting structure shall be painted or otherwise colored to match the building facade, structure or background against which they are most commonly seen, and shall be architecturally compatible with the building to which they are attached.

d.

Accessory facilities. All facilities and equipment for the operation of the antenna shall be located within the structure to which the antenna is attached.

3.

Roof mounted antenna. An antenna or series of individual antennas mounted on a flat roof, mechanical room or penthouse of a building.

a.

Location. Roof-mounted antennas shall be permitted in any zone or development project in which low power radio service antenna facilities are listed as a permitted or conditional use.

b.

Antenna placement. The size, type and placement of antenna structure shall be in accordance with the standards for antenna type as set forth on Figure 4 and shall be located within the placement envelope as defined therein.

c.

Roof placement. Roof-mounted antennas shall be permitted only on a flat roof, and shall be screened, constructed and/or colored to match the structure to which they are attached.

D.

Review criteria—Additional requirements may be attached. In conducting its review and/or making its determination, the approval authority and/or reviewing body shall, in addition to any other matters it may choose to consider, consider the following:

1.

Compatibility of the proposed structure with the height and mass of existing buildings in the area.

2.

Whether placement of the structure in the proposed location will result in a significant impact to other uses or the reception or transmission of existing facilities.

3.

The location of the antenna in relation to existing vegetation, topography, and buildings—to obtain the best visual screening.

4.

Visual and economic impacts upon the adjacent properties.

5.

Compliance with Federal Communications Commission (FCC) emission standards.

The approval authority may deny placement of a low power radio service antenna facility which does not conform to the required standards and criteria, or which is inconsistent with the review criteria of this subsection; or it may require changes or additional measures in order to more fully protect the interests of adjacent properties and the public and to accomplish the purposes of this section.

E.

Denial.

1.

The approval authority may not deny a request for approval of a proposed low power radio service antenna facility unless it satisfies the requirements of this subsection:

a.

Evidence, facts, arguments, comments, advice, and/or recommendations, not otherwise protected from disclosure by law or legally-recognized privilege, which are relied upon by the approval authority in denying the request, must be reduced to written form.

b.

The approval authority shall prepare and issue its findings, conclusions, final decision or determination, and supporting reasons therefor, in writing.

2.

The approval authority, or any recommending governmental body or officer, may require the applicant, city staff members, and/or interested member(s) of the public to prepare their comments and arguments in the form of written submissions to the approval authority.

3.

Written minutes of any public meeting of the city wherein a request made under this section results in a denial shall be kept in accordance with the Utah Open Meetings Act.

4.

The official minutes of the public meeting(s), along with the written submissions and documentation referenced above in this subsection, shall constitute the approval authority's written record as required by provisions of the Telecommunications Act of 1996; shall be made available upon request to the applicant and the public pursuant to the Utah Government Records Access and Management Act; and shall constitute the official written record for the purpose of any legal, equitable, or administrative review of said denial.

F.

Continuing obligation—Business license required.

1.

Every antenna, pole or support structure, and all ancillary facilities, comprising a low power radio service antenna facility, shall at all times be maintained in good structural and aesthetic condition. The owner of any property on which any such antenna, pole, support structure, or ancillary facility or facility, is located— and those responsible for or receiving benefit from its placement—shall keep the area clean and free from noxious or offensive substances, rubbish, and/or flammable waste material.

2.

In addition to complying with any and all standards and criteria, review criteria, conditions, and requirements of the city under this section, a low power radio service antenna facility is expected to and shall fully comply with all other applicable ordinances of this city, and with all applicable state and federal laws and regulations, including but not limited to the regulations of the FCC (including emissions standards of any radio frequency emissions emitted, discharged, or otherwise radiating from such facility); the Federal Aviation Administration (FAA), and the Environmental Protection Agency (EPA).

3.

Each separate low power radio service antenna facility shall be considered as a separate use; and an annual business license shall be required for each such facility.

4.

Failure:

a.

To properly maintain the low power radio service antenna facility, or the premises upon which it is located, as set forth in subsections F.1. and F.2. of this section; or

b.

To secure and maintain the required business license for a continuous period of one year—shall be considered an abandonment of said low power radio service antenna facility.

5.

Failure to comply with any of the requirements of this section, any applicable ordinance of this city, or any state or federal law or regulation, may constitute grounds to revoke the business license of and pertaining to the low power radio service antenna facility, under Chapter 5.04 of the American Fork City Code.

(Ord. No. 96-05-21; Ord. No. 05-07-37; Ord. No. 98-11-46; Ord. No. 2000-8-24; Ord. No. 01-07-41; Ord. No. 2008-12-48, 12-16-2008; Ord. No. 2010-12-27, § 1, 12-14-2010)