§ 24-70. Antennae, antenna support structures and wireless communications facilities.

(a)

Intent. The intent of this section is to:

(1)

Encourage the location of antenna support structures in non-residential areas and minimize the total number of antenna support structures throughout the city;

(2)

Require the joint use of new and existing antenna support structures when possible;

(3)

Require wireless communication facilities to be located, to the extent possible, in areas where the adverse impact on city residents is minimal;

(4)

Require wireless communication facilities to be configured in a way that minimizes the adverse visual impact of the towers and antennas; and

(5)

Enhance the ability of the providers of wireless communication services to provide such services as quickly, effectively, and efficiently as possible.

(b)

Permit requirements. All uses within the city for the location, construction, or modification of a new wireless communication facility, antenna support structure or amateur radio antenna support structure shall require compliance with the applicable Administration and Enforcement requirements of article IV.

(1)

In districts where amateur radio antenna support structures, antenna support structures, alternative antenna support structures, antennae, and amateur radio antennae in compliance with section 24-70(c) (below) are listed as a permitted use, the project shall require review of a zoning conformance permit pursuant to section 24-85.

(2)

In districts where wireless communications facilities are listed as a conditional use, the project shall require review of a Conditional Use pursuant to section 24-91.

(c)

Permitted uses. The following are permitted uses:

(1)

Amateur radio antenna support structures and alternative antenna support structures, within any district, that meet all of the following criteria:

a.

Are located within the rear yard of a lot;

b.

Are not located within any setback required in the zoning district in which it is located or across or upon any existing legal right-of-way or easement;

c.

Obtain a building permit under article IV;

d.

Have no lighting upon the structure except such hazard lighting as mandated by the FAA, provided, however, seasonal decorations which do not conflict with government regulations, may be permitted;

e.

Have no signage or displays of any type upon the structure except warning signs required by law or applicable regulation, provided, however, seasonal decorations which do not conflict with government regulations, may be permitted; and

f.

The maximum total antenna and support structure height is less than or equal to 100 feet;

(2)

Amateur radio antenna support structures and antenna support structures, that were in existence and in place or under actual construction in place prior to July 25, 2006, unless:

a.

Such amateur radio antenna support structure or antenna support structure is subsequently damaged or destroyed and the cost of repair or reconstruction of such support structure exceeds 50 percent of the replacement cost of such support structure; or

b.

Such antenna support structure has been abandoned. Abandonment is presumed if the support structure has not been utilized by any licensed user of the support structure for a period in excess of 180 consecutive days and use of the support structure has not been reinstated by any licensed user within 90 days of the city giving written notice of its declaration of abandonment to all licensed users of the support structure. If the city declares a support structure abandoned pursuant to this subsection, the burden shall be upon the licensed users of the support structure to document actual use of the support structure within such 180 consecutive day period; or

c.

Such antenna support structure is modified subsequent to July 25, 2006 and unless such modification is limited to:

i.

Addition of antenna arrays which do not result in an increase in the height of the tallest portion of the structure by more than 20 feet of the height of the structure as it existed on July 25, 2006 and do not result in the antenna support structure height exceeding 75 feet for an antenna support structure that was less than 75 feet in height on July 25, 2006;

ii.

Addition of antenna, otherwise complying with subsection (1), above, not exceeding the number of antennas for which the antenna support structure was originally designed to accommodate.

d.

Such amateur radio antenna support structure is modified subsequent to July 25, 2006 and such modification results in the antenna support structure height exceeding 75 feet.

(d)

Building permits required for all antenna support structures and certain amateur radio antenna support structures.

(1)

Any amateur radio antenna support structure shall require a building permit if the amateur radio antenna support structure together with any attached antenna have an antenna support structure height in excess of six feet, if ground mounted, or in excess of six feet above the highest point of the roof, if roof mounted. The application must include documentation that the amateur radio antenna support structure is adequately anchored and engineered to prevent collapse and damage to adjacent structures or property in the event of failure.

(2)

All antenna support structures shall require a building permit. The application must include documentation that the antenna support structure is adequately anchored and engineered to prevent collapse and damage to adjacent structures or property in the event of failure.

(e)

General requirements for location and construction of all wireless communication facilities.

(1)

All construction shall comply with all applicable local and State of Montana building codes;

(2)

All facilities shall comply with all other applicable government laws and regulations;

(3)

Minimum setback requirements from any residential structure or any lot line adjacent to any residential district:

a.

For antenna support structures one-half the height of the antenna support structure; and

b.

For accessory structures: The greater of 15 feet or the minimum yard setback requirements for the zone in which the structure is located.

(4)

Antenna support structures and accessory structures located in commercial or industrial zones shall meet the minimum yard setbacks for the zone in which they are located.

(5)

Antenna support structures and accessory structures shall not exceed the maximum lot coverage limits for the zone in which they are located.

(6)

Accessory structures shall not exceed the height limits for the district in which they are located.

(7)

A secure chain link fence with plastic lath inserts, painted solid wood fence, or masonry wall, with a minimum height of six feet, shall be constructed and maintained around the perimeter of the antenna support structure with any setbacks required for fences within the district in which the structure is located.

(8)

The only lighting permitted upon an antenna support structure shall be:

a.

Lighting mandated by FAA or other government regulation. Unless otherwise mandated by such regulations, all such mandated lighting shall be only red beacons; and

b.

Security lighting mounted no higher than 20 feet above ground level. All such security lighting shall be directed towards the ground to minimize light pollution, prevent off-site light spillage, and avoid illumination of the tower. Cut-off security lighting must be utilized adjacent to existing residences or lots zoned in a residential district. When incorporated into the approved design of the facility, light fixtures used to illuminate adjacent sport fields, parking lots or similar areas may be included in the facility upon approval of the administrator.

(9)

Signage shall be limited to non-illuminated warning and equipment identification signs, unless otherwise mandated by applicable government regulation.

(10)

To facilitate co-location, antenna support structures shall be designed and constructed to accommodate the applicant's antennas and the following additional comparable antennas:

a.

For structures with an antenna support structure height greater than 100 feet, two additional antennas;

b.

For structures with an antenna support structure height less than 100 feet but greater than 75 feet, one additional antenna.

(11)

All new antennas must be co-located on existing antenna support structures or alternative antenna support structures unless the application for special review demonstrates that it is not feasible to co-locate such antennas.

(12)

Equipment at a wireless communication facility shall be automated whenever feasible in order to minimize traffic and congestion upon the facility site.

(13)

All wireless communication facilities and the site upon which they are located shall be maintained at all times in compliance with all applicable government laws and regulations.

(14)

Wireless communications facilities shall comply with the following visual impact/aesthetics standards unless otherwise mandated by government law or regulation:

a.

Exterior finish shall be galvanized steel or a neutral color which blends with the color of structures adjacent to the site;

b.

Antennas installed on a structure other than a tower, together with associated electrical and mechanical equipment, shall be of a neutral color identical to or blending with the color of the support structure so as to render the antennas, electrical and mechanical equipment as visually unobtrusive as possible;

c.

Antennas and antenna support structures may be mounted on the roofs of buildings (other than buildings which are utilized primarily as equipment enclosures for a wireless communication facility) that are greater than 30 feet in height above street grade so long as the antennas and antenna support structure do not add more than 30 feet to the total height of the building upon which they are mounted. Only monopole antenna support structures with omni-directional (whip) or low profile single-directional (panel) antennas shall be mounted upon building roofs. Crows nest antenna arrays are prohibited upon building roofs.

d.

Wireless communication facilities attached to new or existing structures shall be designed to blend with the structure's architecture and placed so as to be incorporated with the vertical design elements of the structure.

e.

Wireless communication facilities shall not be located within any officially designated historic district unless:

i.

The location is required to be permitted by preemptive government law or regulation; or

ii.

The proposed facility, upon conditional use review and approval, is determined by the board of adjustment to be designed to be hidden, screened or otherwise blend with the historical district structures and surroundings so as to be virtually unnoticeable.

(15)

Antenna support structures with a height in excess of 75 feet shall be located at least one linear mile from any other antenna support structure with a height in excess of 75 feet, unless the proposed antenna support structure is to be located in a tower farm.

(16)

A tower farm shall be located at least one linear mile from any other tower farm.

(17)

Exceptions to requirements of subsections (15) and (16) above, may be granted by the board of adjustment during the conditional use review process, if the applicant satisfactorily documents:

a.

No existing antenna support structure within the required separation distance of the proposed location can accommodate the applicant's proposed antenna; or

b.

A critical need exists for the proposed location and it is not technically feasible to locate or co-locate structures at or beyond the required separation distance.

(f)

Conditional use permit applications.

(1)

Prior to commencing construction or modification of any wireless communication facility in the districts in which the use is listed as a conditional use, the person or entity proposing construction of such structure or facility, shall submit a conditional use permit application pursuant to section 24-91, which shall, in addition to the standard requirements for a conditional use permit application, contain all of the following information:

a.

The full name, current address and telephone number of the applicant and the address of the applicant's principal place of business;

b.

If the applicant is an entity, the form of entity, state of organization and, if a corporation or limited liability company, a certificate of good standing or certificate of existence issued by the Montana Secretary of State;

c.

A description of the proposed location of the facility or structure, including physical address, legal description of all land upon which the facility or structure will be sited, the height, latitude and longitude (or GPS coordinates) of the proposed location of the facility or structure, a map to scale showing the service area of the proposed facility or structure, and an explanation of the need for the facility or structure;

d.

A site plan showing the following:

i.

North arrow.

ii.

The location and dimensions of all vehicular points of ingress and egress, drives, alleys, streets, and easements.

iii.

Center line and names of streets relevant to the application.

iv.

The locations and dimensions of all existing and proposed buildings, structures, and improvements including those that will be removed. All information must be labeled.

v.

Setbacks from all property boundaries for existing and proposed structures and buildings.

vi.

Property boundaries and lot line dimensions.

vii.

Elevation drawing of proposed wireless communication facility including the antenna support structure, antenna platforms and associated equipment enclosures. Also indicate the maximum number of antenna platforms that can be supported.

viii.

Location of artificial light sources and the areas of illumination.

e.

Area map showing the property boundaries of all lots or tracts adjacent to the proposed site and the location of any existing buildings on the adjacent properties;

f.

Documentation of any mandated lighting requirements of the FAA or any other government;

g.

If applicable, documentation of any FAA airspace review and a copy of any FAA comments;

i.

If the application is for an amateur radio antenna support structure, a copy of the applicant's amateur radio FCC license. Otherwise, a copy of the applicant's FCC license authorizing it to provide the wireless communications services for which the facility or structure is proposed;

j.

Other than an application for an amateur radio antenna support structure, documentation of the applicant's inability to utilize an existing antenna support structure or wireless communication facility to accommodate the applicant's proposed antenna or antenna array. Such documentation shall include:

i.

A description of any existing antenna support structure or wireless communication facility which would meet the applicant's engineering requirements and documentation of the applicant's attempt to obtain permission to utilize such existing structure or facility and the owner's refusal to accommodate such request. If the inability to obtain permission is based upon applicant's position that the cost of use of such existing structure or facility is unreasonable, a comparison of the cost of such use with the cost of constructing and maintaining the proposed new structure or facility.

ii.

Documentation that no existing antenna support structure or wireless communication facility meets the applicant's engineering requirements. This documentation shall consist, at the minimum, of documentation that:

A.

No existing or approved antenna support structures are located within the geographic area required to meet the applicant's engineering requirements.

B.

Existing or approved antenna support structures are not of sufficient height to meet the applicant's engineering requirements.

C.

Existing or approved antenna support structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength.

D.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing or approved antenna support structures, or the antenna on the existing or approved antenna support structures would cause interference with the applicant's proposed antenna.

E.

The applicant demonstrates that there are other limiting factors that render existing or approved antenna support structures unsuitable.

k.

Other than an application for an amateur radio antenna support structure, a statement from the applicant that the applicant, upon commercially reasonable terms, will permit co-location by any FCC licensed wireless communication provider utilizing compatible technology up to the antenna support structures capacity to accommodate additional antennas. The statement shall include details of how requests for co-location will be processed;

l.

Documentation of the applicant's efforts to minimize adverse impact of the proposed structure or facility upon property values within a 400 feet radius of the proposed structure or facility.

m.

A map of all properties within a 400 feet radius of the proposed site, measured from the exterior boundaries of the lot containing the proposed site, together with a list of the names and mailing addresses of all record owners of tracts of land within such 400 feet radius, and envelopes, with proper prepaid postage attached, preaddressed to each such property owner.

n.

Such additional or supplemental information as the administrator shall designate in writing to the applicant as necessary for the consideration of the application.

(2)

At least 15 calendar days before the hearing, the administrator shall, in addition to the noticing requirements of section 24-91 and section 24-97, post in a conspicuous place upon the tract of land upon which the tower structure is proposed to be located a notice to the public stating the name of the applicant, the date of posting, applicant's intent to apply for a conditional use permit to construct a tower, the proposed height of the tower to be constructed, and, that the application for the permit may be examined at city hall. The notice shall be on fluorescent orange colored card stock of one and one-half feet by two feet nominal dimension with black lettering in at least 30-point bold type. The posting shall remain in place for at least 15 consecutive days.

(3)

The notification area for Conditional Use reviews of wireless communication facilities is extended from 150 feet (per section 24-97(b)(1)) to 300 feet of the exterior boundaries of the lot containing the proposed site.

(4)

Section 24-91 of these regulations outlines the other processes and criteria for conditional use review.

(5)

No application shall be denied or subject to conditions upon the basis of environmental effects of radio frequency emissions to the extent that such facility or structure complies with FCC regulations concerning such emissions.

(Ord. No. 1306 , § 1(Exh. A) 11-9-16)