HomeMy WebLinkAboutOrd 1997-45 ORDINANCE #97-45
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTERS 5, 9,
10, 11, 12, 14, 15, AND 16, AND CREATING CHAPTER 17 OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY
ESTABLISHING RULES AND REGULATIONS FOR WIRELESS
COMMUNICATION TOWERS AND ANTENNAE.
WHEREAS The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993,
which adopted the Zoning Ordinance for the Town of Fountain Hills; and
WHEREAS Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills,
provides for a procedure to amend said ordinance, and
WHEREAS The Town of Fountain Hills desires to establish regulations governing wireless
communication towers and antennae; and
WHEREAS The Town of Fountain Hills desires to facilitate wireless communication towers
and antennae within the parameters established by the Telecommunications Act
of 1996; and
WHEREAS The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for
the Town of Fountain Hills has been followed; and
WHEREAS The Town of Fountain Hills has advertised the proposed text changes in the
official newspaper of general circulation, The Times of Fountain Hills on
November 26, December 3, 10, and 17, 1997 by showing the deletion of certain
items within the text of Chapter 5, Section 5.07 of the Zoning Ordinance of the
Town of Fountain Hills, in the "strike-out" form, and has shown the additions to
the text in double underlined letters; and
WHEREAS The Planning and Zoning Commission's public hearing and the Town Council's
public hearing was advertised in the official newspaper of general circulation, The
Times of Fountain Hills on November 26, December 3, and 10, and 17, 1997; and
WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission
on December 11, 1997, and by the Fountain Hills Town Council on December 18,
1997.
Ordinance#97-45 Page 1 of 24
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Revisions to CHAPTER 5, GENERAL PROVISIONS, Section 5.07 Building
Heights Requirements. B. Exceptions. of the Zoning Ordinance for the Town of
Fountain Hills is amended as follows, with the strikeout areas showing the
deletions and the double underlined portions showing the additions:
CHAPTER 5
GENERAL PROVISIONS
5.07 Building Height Requirements.
B. Exceptions. Height regulations established elsewhere in this
ordinance shall not apply:
6. Wireless communications towers and antennas as approved in
accordance with the requirements an provision stated in Chapter 17
of this ordinance.
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Section 2. Revisions to CHAPTER 9, OPEN SPACE RECREATIONAL ZONING
DISTRICT (OSR), Section 9.02 Use Regulations. F. of the Zoning Ordinance
for the Town of Fountain Hills is amended as follows, with the strikeout areas
showing the deletions and the double underlined portions showing the additions:
CHAPTER 9
OPEN SPACE RECREATIONAL ZONING DISTRICT (OSR)
9.02 Use Regulations: A building or premise in an OSR Zoning District shall
be used only for the following purposes:
F. Utility services, but not including offices, waste water treatment
plants,and generating stations, and wireless communication towers
and antennas, unless otherwise specifically permitted elsewhere in
the ordinance.
Ordinance#97-45 Page 2 of 24
Section 3. Revisions to CHAPTER 10, SINGLE-FAMILY RESIDENTIAL ZONING
DISTRICTS: R-190,R1-43,R1-35,R1-35H, R1-18, R1-10,R1-10A, R1-8,Ri-
8A, R1-6, R1-6A, Section 10.02 Permitted Uses. A. of the Zoning Ordinance for
the Town of Fountain Hills is amended as follows, with the strikeout areas
showing the deletions and the double underlined portions showing the additions:
CHAPTER 10
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R-190, R1-43,
R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A
10.02 Permitted Uses.
A. In R-190, R1-43, R1-35, R1-35H, R1-18, Ri-10, R1-10A, R1-8,
R1-8A, R1-6, and R1-6A Zoning Districts, a building or
premises shall be used only for the following purposes:
5. Utility services, but not including offices, waste water
treatment plants, generating stations, and wireless
communication towers and antennas, unless otherwise
specifically permitted elsewhere in the ordinance.
Section 4. Revisions to CHAPTER 11, MULTI-FAMILY RESIDENTIAL ZONING
DISTRICTS: M-1, M-2, M-3, R-2, R-3, R-4 and R-5. Section 11.02 Permitted
Uses. A. of the Zoning Ordinance for the Town of Fountain Hills is amended as
follows, with the strikeout areas showing the deletions and the double underlined
portions showing the additions:
CHAPTER 11
MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS,
M-1, M-2, M-3, R-2, R-3, R-4 and R-5.
11.02 Permitted Uses.
A. For M-1, M-2, M-3, R-2, R-3, R-4 and R-5 Zoning Districts. A
building or premises shall be used only for the following purposes,
unless otherwise stated:
5. Utility services, but not including offices, waste water
treatment plants, generating stations, and wireless
communication towers and antennas, unless otherwise
specifically permitted elsewhere in the ordinance.
Ordinance#97-45 Page 3 of 24
Section 5. Revisions to CHAPTER 12 COMMERCIAL ZONING DISTRICTS Section
12.02 Permitted Uses. B. Uses Permitted in C-1, C-C, C-2, and C-3, Zoning
Districts. Sub-section 3.f. of the Zoning Ordinance for the Town of Fountain Hills
is amended as follows, with the strikeout areas showing the deletions and the
double underlined portions showing the additions:
CHAPTER 12
COMMERCIAL ZONING DISTRICTS
12.02 Permitted Uses.
B. Uses Permitted in C-1, C-C, C-2, and C-3, Zoning Districts are
as follows:
3. Public and Quasi-Public Uses
f. Utility services, but not including offices, waste
water treatment plants, generating stations, and
wireless communication towers and antennas,unless
otherwise specifically permitted elsewhere in the
ordinance.
Section 6. Revisions to CHAPTER 14 UTILITY ZONING DISTRICT Section 14.02 Use
Regulations. D. of The Zoning Ordinance for the Town of Fountain Hills is
amended as follows, with the strikeout areas showing the deletions and the double
underlined portions showing the additions:
CHAPTER 14
UTILITY ZONING DISTRICT
14.02 Use Regulations. A building or premises shall be used only for the
following purposes:
D. Utility services, but not including offices, generating stations, and
wireless communications towers and antennas unless otherwise
specifically permitted elsewhere in the ordinance.
Ordinance#97-45 Page 4 of 24
Section 7. Revisions to CHAPTER 15 MOBILE HOME ZONING DISTRICT Section
15.02 Permitted Uses. E. of The Zoning Ordinance for the Town of Fountain
Hills is amended as follows, with the strikeout areas showing the deletions and the
double underlined portions showing the additions:
CHAPTER 15
MOBILE HOME ZONING DISTRICT
15.02 Permitted Uses.
E. Utility services, but not including offices, waste water treatment plants, 4
generating stations, and wireless communication towers and antennas, unless
otherwise specifically permitted elsewhere in the ordinance.
Section 8. Revisions to CHAPTER 16 LODGING ZONING DISTRICT Section 16.02
Permitted Uses. A.3.e. of The Zoning Ordinance for the Town of Fountain Hills
is amended as follows, with the strikeout areas showing the deletions and the
double underlined portions showing the additions:
CHAPTER 16
LODGING ZONING DISTRICTS
16.02 Permitted Uses.
A. Uses Permitted in the L-1, L-2 and L-3 Zoning Districts.
3. Public and Quasi-Public Uses
e. Utility Services, but not including public utility treatment and
generating plants or office, and wireless communication towers and
antennas, unless otherwise specifically permitted elsewhere in the
ordinance.
Ordinance#97-45 Page 5 of 24
Section 9. CHAPTER 17 WIRELESS TELECOMMUNICATIONS TOWERS AND
ANTENNAS of The Zoning Ordinance for the Town of Fountain Hills is created
and shown below as the double underlined portions showing the additions:
CHAPTER 17
WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS
17.01 Purpose
The purpose of this ordinance is to establish general guidelines for the
siting of wireless communications towers and antennas. The goals of this
ordinance are to: (1) protect residential areas and land uses from potential
adverse impacts of towers and antennas; (2) encourage the location of
towers in non-residential areas; (3) minimize the total number of towers
throughout the community; (4) strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction of
additional single-use towers; (5) encourage users of towers and antennas
to locate them, to the extent possible, in areas where the adverse impact
on the community is minimal; (6) encourage users of towers and antennas
to configure them in a way that minimizes the adverse visual impact of the
towers and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques; (7) enhance the ability of the
providers of telecommunications services to provide such services to the
community quickly, effectively, and efficiently; (8) consider the public
health and safety of communication towers; and(9) avoid potential damage
to adjacent properties from tower failure through engineering and careful
siting of tower structures. In furtherance of these goals, Town of Fountain
Hills shall give due consideration to the Town of Fountain Hills General
Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses,
and environmentally sensitive areas in approving sites for the location of
towers and antennas.
17.02 Definitions
As used in this ordinance, the following terms shall have the meanings set
forth below:
Alternative tower structure: means man-made trees, clock towers, bell
steeples, light poles and similar alternative-design mounting structures that
camouflage or conceal the presence of antennas or towers.
Antenna: means any exterior transmitting or receiving device mounted
on a tower, building or structure and used in communications that radiates
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Ordinance#97-45 Page 6 of 24
kbr or captures electromagnetic waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless telecommunications signals
or other communication signals.
Backhaul network: means the lines that connect a provider's towers/cell
sites to one or more cellular telephone switching offices, and/or long
distance providers, or the public switched telephone network.
Existing Structure: means light poles, power poles, chimneys, billboards,
and other similar structures which are placed within the Town at the time
of adoption of this Chapter, except existing buildings.
FAA: means the Federal Aviation Administration.
FCC: means the Federal Communications Commission.
Height: means, when referring to a tower or other structure, the vertical
distance measured from the natural grade level to the highest point of the
structure directly above the natural grade when such structure is not
located in a platted subdivision. If the structure is located in a platted
subdivision, the height shall be the vertical distance measured from the
finished grade as shown on the subdivision grading plans or finished grade
as shown on the individual lot's grading plans, (whichever is lower), to the
highest point of the structure directly above the finished grade. In the
event that terrain problems prevent an accurate determination of height, the
Zoning Administrator shall rule as to height and appeal from that decision
shall be to the Board of Adjustment.
Pre-existing towers and preexisting antennas: means any tower or
antenna for which a building permit has been properly issued prior to the
effective date of this ordinance, including permitted towers or antennas that
have not yet been constructed so long as such a..royal is current and not
expired.
Tower: means any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone, radio
and similar communication purposes, including self-supporting lattice
towers, guyed towers, or monopole towers. The term includes radio and
television transmission towers,microwave towers, common-carrier towers,
cellular telephone towers, alternative tower structures, and the like. The
term also includes the structure and any support thereto.
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Ordinance#97-45 Page 7 of 24
17.03 Applicability.
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A. New Towers and Antennas. All new towers or antennas in Town
of Fountain Hills shall be subject to these regulations.
B. Exceptions.
1. Amateur Radio Station Operators/Receive Only Antennas.
This ordinance shall not govern any tower, or the
installation of any antenna, that is under the maximum
building height of the zoning district in which such
structure is located and which is owned and operated by a
federally-licensed amateur radio station operator or is used
exclusively for receive only operations.
2. Preexisting Towers or Antennas. Legally established
preexisting towers and preexisting antennas shall not be
required to meet the requirements of this ordinance, other
than the requirements of Sections 17.04(F) & (G).
3. AM Array. For purposes of implementing this ordinance,
an AM array, consisting of one or more tower units and
supporting ground system which functions as one AM
broadcasting antenna, shall be considered one tower.
Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included
in the AM array. Additional tower units may be added
within the perimeter of the AM array by right.
17.04 General Requirements.
A. Principal or Accessory Use. Antennas and towers may be
considered either principal or accessory uses. A different
existing use of an existing structure on the same lot shall
not preclude the installation of an antenna or tower on such
lot.
B. Lot Size. For purposes of determining whether the
installation of a tower or antenna complies with district
development regulations, including but not limited to
setback requirements, lot-coverage requirements, and other
such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located
on leased parcels within such lot.
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C. Inventory of Existing Sites. Each applicant for an antenna
and/or tower shall provide to the Community Development
Director an inventory of its existing towers, antennas, or
sites approved for towers or antennas, that are either within
the jurisdiction of the Town of Fountain Hills or within one
mile of the border thereof, including specific information
about the location, height, and design of each tower. Each
applicant shall also provide a one-year build-out plan for all
other wireless communications facilities within the town.
The Community Development Director may share such
information with other applicants applying for
administrative approvals or special use permits under this
ordinance or with other organizations seeking to locate
antennas within the jurisdiction of Town of Fountain Hills,
provided, however that the Community Development
Director is not, by sharing such information, in any way
representing or warranting that such sites are available or
suitable.
D. Aesthetics. Towers and antennas shall meet the following
requirements:
1. Towers shall, subject to any applicable standards of
the FAA, be painted a neutral color so as to reduce
visual obtrusiveness.
2. At a tower site, the design of the buildings and
related structures shall, to the extent possible, use
materials, colors, textures, screening, and
landscaping that will blend them into the natural
setting and surrounding buildings.
3. If an antenna is installed on a structure other than a
tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color
that is identical to, or closely compatible with, the
color of the supporting structure so as to make the
antenna and related equipment as visually
unobtrusive as possible.
E. Lighting. Towers shall not be artificially lighted, unless
Ordinance#97-45 Page 9 of 24
required by the FAA or other applicable authority. If
lighting is required, the lighting alternatives and design
chosen must cause the least disturbance to the surrounding
views.
F. State or Federal Requirements. All towers must meet or
exceed current standards and regulations of the FAA, the
FCC, and any other agency of the state or federal
government with the authority to regulate towers and
antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by
this chapter shall bring such towers and antennas into
compliance with such revised standards and regulations
within six (6) months of the effective date of such standards
and regulations, unless a different compliance schedule is
mandated by the controlling state or federal agency. Failure
to bring towers and antennas into compliance with such
revised standards and regulations shall constitute grounds
for the removal of the tower or antenna at the owner's
expense.
G. Building Codes; Safety Standards. To ensure the
structural integrity of towers, the owner of a tower shall
ensure that it is maintained in compliance with standards
contained in applicable state or local building codes and the
applicable standards for towers that are published by the
Electronic Industries Association, as amended from time to
time. If, upon inspection, the Town of Fountain Hills
concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower,
the owner shall have thirty (30) days to bring such tower
into compliance with such standards. Failure to bring such
tower into compliance within said thirty (30) days shall
constitute grounds for the removal of the tower or antenna
at the owner's expense.
H. Measurement. For purposes of measurement, tower
setbacks and separation distances shall be calculated and
applied to facilities located in the Town of Fountain Hills
irrespective of municipal and county jurisdictional
boundaries.
I. Not Essential Services. Towers and antennas shall be
Ordinance#97-45 Page 10 of 24
regulated and permitted pursuant to this chapter and shall
not be regulated or permitted as essential services, public
utilities, or private utilities.
�. Franchises. Owners and/or operators of towers or antennas
shall certify that all franchises required by law for the
construction and/or operation of a wireless communication
system in the Town of Fountain Hills have been obtained
and shall file a copy of all required franchises with the
Community Development Director.
K. Public Notice. For purposes of this chapter, any special
use request shall require public notice pursuant to Section
2.02 (C) of this Zoning Ordinance except that the notice
required shall include posting of the property, and mailing
to all property owners within 300 feet of the proposed use,
and publication in a newspaper of general circulation
regardless of any expression to the contrary in Section 2.02.
L. Signs. No signs shall be allowed on an antenna or tower.
M. Buildings and Support Equipment. Buildings and support
equipment associated with antennas or towers shall comply
with the requirements of Section 17.08.
N. Co-location and Multiple Antenna/Tower Plan. The
Town of Fountain Hills encourages tower and antenna users
to submit a single al.lication for a.'royal of multiple
towers and/or antenna sites and to submit applications
which utilize co-location with an existing wireless
telecommunications provider. Applications for approval of
multiple sites or for co-location with an existing provider
shall be given priority in the review process.
O. Security fencing. Towers shall be enclosed by security
fencing not less than six (6) feet in height and no more than
eight (8) feet in height, shall be constructed of a block or
masonry, and shall be equipped with an appropriate anti-
climbing device; provided however, that the Town Council
may waive such requirements as it deems appropriate.
P. Landscaping. The following requirements shall govern the
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Ordinance#97-45 Page 11 of 24
landscaping surrounding towers;provided,however,that the
Town Council may waive such requirements if the goals of
this chapter would be better served thereby.
1. Tower facilities shall be landscaped with a buffer of
plant materials that effectively screens the view of
the tower compound from residential property. The
standard buffer shall consist of a landscaped strip at
least four (4) feet wide outside the perimeter of the
compound.
2. In locations where the visual impact of the tower
would be minimal, the landscaping requirement may
be reduced or waived.
3. Existing mature plant growth and natural land forms
on the site shall be preserved to the maximum
extent possible.
17.05 Permitted Uses.
A. General. The uses listed in this Section are deemed to be
permitted uses and shall not require administrative approval
or a special use permit.
B. Permitted Uses. The following uses are specifically
permitted:
Antennas or towers located on property owned, leased, or
otherwise controlled by the Town of Fountain Hills
provided a license or lease authorizing such antenna or
tower has been approved by the Town of Fountain Hills.
No such license or lease shall be issued for a tower located
within three hundred (300) feet of any residentially zoned
property until a public hearing has been held at a regular or
special Town Council meeting.
17.06 Special Use Permits.
A. General. The following provisions shall govern the
issuance of special use permits for towers or antennas by
the Town Council:
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1. If the tower or antenna is not a permitted use under
Section 17.05 of this chapter, then a special use
permit shall be required for the construction of a
tower or the placement of an antenna in all zoning
districts.
2. Applications for special use permits under this
Section shall be subject to the procedures and
requirements of Chapter 2, Section 2.02, of this
Zoning Ordinance, except as modified in this
Section.
3. In granting a special use permit, the Town Council
may impose conditions to the extent such conditions
are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
4. Any information of an engineering nature that the
applicant submits, whether civil, mechanical, or
electrical, shall be certified by an Arizona licensed
professional engineer.
5. An applicant for a special use permit shall submit
the information described in this section and a non-
refundable fee established pursuant to Section 2.02
(H) of this Zoning Ordinance.
6. A Special Use Permit issued under this Chapter
shall be conditioned upon verification by the Town
Engineer or designee that such tower structure is
structurally sound. Such verification shall be
received by the applicant prior to submission.
B. Towers.
1. Information required. In addition to any information
required for applications for special use permits
pursuant to Chapter 2, Section 2.02 of this Zoning
Ordinance, applicants for a special use permit for a
tower shall submit the following information:
a. A Plan of Development as required in
Section 2.04 plus zoning, General Plan
classification of the site and all properties
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within the applicable separation distances set
forth in Section 17.07(B),adjacent roadways,
proposed means of access, elevation
drawings of the proposed tower and any
other structures, and other information
deemed by the Community Development
Director to be necessary to assess
compliance with this chapter.
b. The setback distance between the proposed
tower and the nearest residential unit and
residentially zoned properties.
c. The separation distance from other towers
described in the inventory of existing sites
submitted pursuant to Section 17.04(C) shall
be shown on an updated site plan or map.
The applicant shall also identify the type of
construction of the existing tower(s) and the
owner/operator of the existing tower(s), if
known.
d. Method of fencing, and finished color and, if
applicable, the method of camouflage and
illumination.
e. A description of compliance with Sections
17.04(C), (D), (E), (F), (G), (J), (L), and
(M), (N), (0) and (P), 17.07(A), 17.07(B)
and all applicable federal, state or local laws.
f. A notarized statement by the applicant as to
whether construction of the tower will
accommodate collocation of additional
antennas for future users.
Identification of the entities providing the
backhaul network for the tower(s) described
in the application and other cellular sites
owned or operated by the applicant in the
municipality.
h. A description of the suitability of the use of
existing towers, other structures or
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alternative technology not requiring the use
of towers or structures to provide the
services to be provided through the use of
the proposed new tower.
i. A description of the feasible alternative
location(s) of future towers or antennas
within the Town of Fountain Hills based
upon existing physical, engineering,
technological or geographical limitations in
the event the proposed tower is erected.
A statement of compliance with Federal
Communications Commission (FCC) Radio
Frequency (RF) exposure standards.
2. Noise. No permit shall be issued for any facility
which generates a noise level greater than fifty
decibels (50 db) as measured at the edge of the
property upon which such facility is sited.
3. Factors Considered in Granting Special Use
Permits for Towers. In addition to any standards
for consideration of special use permit applications
pursuant to Chapter 2, Section 2.02 of this Zoning
Ordinance, the Town Council shall consider the
following factors in determining whether to issue a
special use permit, although the Town Council may
waive or reduce the burden on the applicant of one
or more of these criteria if the Town Council
concludes that the goals of this ordinance are better
served thereby:
a. Height of the proposed tower;
b. Proximity of the tower to residential
structures and residentially zoned district
boundaries;
c. Nature of uses on adjacent and nearby
properties;
d. Surrounding topography;
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e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular
reference to design characteristics that have
the effect of reducing or eliminating visual
obtrusiveness;
Proposed ingress and egress; and
h. Availability of suitable existing towers,other
structures, or alternative technologies not
requiring the use of towers or structures, as
discussed in Section 17.06(B)(4) of this
chapter.
4. Availability of Suitable Existing Towers, Other
Structures, or Alterative Technology. No new tower
shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Town Council
that no existing tower, structure or alternative
technology that does not require the use of towers
or structures can accommodate the applicant's a
proposed antenna. An applicant shall submit
information requested by the Town Council related
to the availability of suitable existing towers, other
structures or alternative technology. Evidence
submitted to demonstrate that no existing tower,
structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any
of the following:
a. No existing towers or structures are located
within the geographic area which meet
applicant's engineering requirements.
b. Existing towers or structures are not of
sufficient height to meet applicant's
engineering requirements.
c. Existing towers or structures do not have
sufficient structural strength to support
applicant's proposed antenna and related
equipment.
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d. The applicant's proposed antenna would
cause electromagnetic interference with the
antenna on the existing towers or structures,
or the antenna on the existing towers or
structures would cause interference with the
applicant's proposed antenna.
e. The fees, costs, or contractual provisions
required by the owner in order to share an
existing tower or structure or to adapt an
existing tower or structure for sharing are
unreasonable. Costs exceeding new tower
development are presumed to be
unreasonable.
f. The applicant demonstrates that there are
other limiting factors that render existing
towers and structures unsuitable.
The applicant demonstrates that an
alternative technology that does not require
the use of towers or structures, such as a
cable microcell network using multiple low-
powered transmitters/receivers attached to a
wireline system, is unsuitable. Costs of
alternative technology that exceed new tower
or antenna development shall not be
presumed to render the technology
unsuitable.
17.07 Minimum Setbacks and Separation
A. Setbacks. The following setback requirements shall apply
to all towers; provided, however, that the Town Council
may reduce the standard setback requirements if the goals
of this chapter would be better served thereby:
1. Towers must be set back a distance equal to at least
one hundred percent (100%) of the height of the
tower from any adjoining lot line. Provided,
however, that separation distances from residential
uses shall be in accordance with Table 1 set forth
below.
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2. Accessory buildings must satisfy the minimum
zoning district setback requirements.
B. Separation. The following separation requirements shall
apply to all towers and antennas provided, however,that the
Town Council may reduce the standard separation
requirements if the goals of this chapter would be better
served thereby.
1. Separation from off-site uses/designated areas.
a. Tower separation shall be measured from the
base of the tower to the lot line of the off-
site uses and/or designated areas as specified
in Table 1, except as otherwise provided in
Table 1.
b. Separation requirements for towers shall
comply with the minimum standards
established in Table 1.
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Ordinance#97-45 Page 18 of 24
Table 1
Separation Requirements From Offsite Uses/Areas
Off-site Use/Designated Area Separation Distance
Single-family or duplex residential units' 200 feet or 300% of tower height,
whichever is greater
Vacant single-family or duplex residentially 200 feet or 300% of tower height,
zoned land which is either platted or has whichever is greater2
preliminary plat approval which is not
expired
Vacant unplatted residentially zoned lands3 100 feet or 100% of tower height,
whichever is greater
Existing multi-family residential units 100 feet or 100% of tower height,
greater than duplex units whichever is greater
Non-residentially zoned lands or non- None, only setbacks apply
residential uses
2. Separation distances between towers.
Separation distances between towers shall be applicable for and measured
between the proposed tower and preexisting towers. The separation
distances shall be measured by drawing or following a straight line
between the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed in
linear feet) shall be as shown in Table 2.
' Includes modular homes and mobile homes used for living purposes.
2 Separation measured from base of tower to closest building setback line.
3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan and any
multi-family residentially zoned land greater than a duplex.
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Table 2
(14110 Separation Distances Between Towers
Monopole 65 ft. in Monopole less Monopole less
height or greater than 65 ft. in than 40 ft. in
height but height
greater than 40
ft. in height
Monopole 65 ft. in 2,000 feet 1,500 feet 1,000 feet
height or greater
Monopole less than
65 ft. in height but 1,500 feet 1,500 feet 1,000 feet
greater than 40 ft.
in height
Monopole less than
40 ft. in height 1,000 feet 1,000 feet 750 feet
17.08 Buildings or Other Equipment Storage.
A. Antennas Mounted on Structures or Rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
1. The cabinet or structure shall not contain more than one
hundred-twenty (120) square feet of gross floor area or be
more than eight (8) feet in height and shall be located on
the ground.
2. Equipment storage buildings or cabinets shall comply with
all applicable building codes.
B. Antennas Mounted on Utility Poles, Light Poles, or Towers.
The equipment cabinet or structure used in association with
antennas shall be located in accordance with the following:
Ordinance#97-45 Page 20 of 24
1. In residential districts, the equipment cabinet or structure
thirw may be located:
a. In a required front yard or required street side yard
provided the cabinet structure is no greater than
three and one-half(3.5) feet in height or twenty (20)
square feet of gross floor area and the
cabinet/structure is located a minimum of three (3)
feet from all lot lines. The cabinet/structure shall be
screened by sight-obscuring landscaping which
obscures at least ninety-five percent (95%) of the
structure at planting and throughout the duration of
the cabinet or structure's existence with an ultimate
height not to exceed forty-two (42) inches.
b. In a required rear yard, provided the cabinet or
structure is no greater than five (5) feet in height or
one hundred-twenty (120) square feet in gross floor
area. The cabinet/structure shall be screened by
sight-obscuring landscaping which obscures at least
ninety-five percent(95%) of the structure at planting
and throughout the duration of the cabinet or
structure's existence with an ultimate height of six
(6) feet.
c. The entry or access side of a cabinet or structure
shall be gated by a solid, sight-obscuring gate that
is separate from the cabinet or structure.
2. In commercial or industrial districts the equipment cabinet
or structure shall be no greater than fourteen (14) feet in
height or three hundred (300) square feet in gross floor
area. The structure or cabinet shall be screened by sight-
obscuring landscaping with an ultimate height of sixteen
(16) feet and a planted height of at least six (6) feet. The
entry or access side of a cabinet or structure shall be gated
by a solid, sight-obscuring gate that is separate from the
cabinet or structure. Such access way shall not face
residentially zoned property.
Cor Ordinance#97-45 Page 21 of 24
C. Modification of Building Size Requirements. The requirements
of Sections 17.08(A) through (C) may be modified by the Town
Council in the case of uses permitted by special use to encourage
collocation.
17.09 Co-Location.
A. Good Faith. Applicants and permittees shall cooperate and
exercise good faith in co-locating wireless telecommunications
facilities on the same support structures or site, if the Town so
requests. Good faith shall include sharing technical information to
evaluate the feasibility of co-location, and may include negotiations
for erection of a replacement support structure to accommodate co-
location. A competitive conflict to co-location or financial burden
caused by sharing such information normally will not be considered
as an excuse to the duty of good faith.
B. Third Party Technical Review. In the event a dispute arises as
to whether a permittee has exercised good faith in accommodating
other users, the Town may require the applicant to obtain a third
party technical study at the applicant's expense. The Town may
review any information submitted by the applicant and permittee(s)
in determining whether good faith has been exercised.
C. Exceptions. No co-location may be required where the shared use
would or does result in significant interference in the broadcast or
reception capabilities of the existing wireless telecommunications
facilities or failure of the existing wireless telecommunications
facilities to meet federal standards for emissions.
D. Violation; penalty. Failure to comply with co-location
requirements when feasible may result in denial of a permit request
or revocation of an existing permit.
Ordinance#97-45 Page 22 of 24
17.10 Removal of Abandoned Antennas and Towers.
Any antenna or tower that is not operated for a continuous period of
ninety (90) days shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within ninety (90) days of receipt
of notice from the Town of Fountain Hills notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within
said ninety (90) day period shall be grounds to remove the tower or
antenna at the owner's expense. If there are two or more users of a single
tower, then this provision shall not become effective until all users cease
using the tower for the prescribed period.
17.11 Nonconforming Uses.
A. Not Expansion of Nonconforming Use. Towers that are
constructed, and antennas that are installed, in accordance with the
provisions of this chapter shall not be deemed to constitute the
expansion of a nonconforming use or structure.
B. Pre-existing towers. Pre-existing towers shall be allowed to
continue their usage as they presently exist. Routine maintenance
(1 (including replacement with a new tower of like construction and
�r height) shall be permitted on such preexisting towers. New
construction other than routine maintenance on a preexisting tower
shall comply with the requirements of this chapter.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or
Antennas. Notwithstanding other provisions of this chapter, bona
fide nonconforming towers or antennas that are damaged or
destroyed may be rebuilt without having to first obtain a special
use permit and without having to meet the separation requirements
specified in Sections 17.07(A) and 17.07(B). The type, height, and
location of the tower onsite shall be of the same type and intensity
as the original facility approval; provided, however, that any
destroyed lattice or guyed tower shall be replaced with a monopole
structure only. Building permits to rebuild the facility shall comply
with the then applicable building codes and shall be obtained
within ninety (90) days from the date the facility is damaged or
destroyed. If no permit is obtained or if said permit expires, the
tower or antenna shall be deemed abandoned as specified in
Section 17.10.
thw
Ordinance#97-45 Page 23 of 24
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this eighteenth day of December, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
6044-a_ 46s ititLA)
Je Miles, ayor Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
7eaet-etAiPc (-?Ati
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
L
Ordinance#97-45 Page 24 of 24