HomeMy WebLinkAbout2021-06-30-2211
AN ORDINANCE GOVERNING THE CONSTRUCTION AND MAINTENANCE OF
COMMUNICATION TOWERS IN THE CITY OF WAUKEE, IOWA.
§221.1 Telecommunications Ordinance. This ordinance shall be known and may
be cited and referred to as the “Telecommunications Ordinance” of the City of Waukee, Iowa, and
shall be referred to herein as “this ordinance.”
§221.2 Purpose. The purpose of this Chapter is to establish general guidelines
for the location or siting of telecommunication towers and equipment. The goal of this chapter is to
encourage the location of communication towers and equipment in areas of the city which would be
least adversely impacted by the visual, aesthetic and safety implications of their siting; minimize the
number of towers throughout the city; strongly encourage the joint use of new and existing tower
sites; and enhance the ability of the providers of telecommunication services to provide such services
to the community quickly, efficiently and effectively.
Section 221.3 Requirements. The following criteria will be consistently
applied to all telecommunication providers that request a permit to do business in the
City of Waukee:
A. Communication towers are permitted in C-1 or M zoning districts.
1. A site plan is required for all new communication tower and
equipment facility construction, expansion of existing facilities or
major modifications of existing facilities. The following must be
included as part of the site plan and telecommunication development
request:
a. Map showing the location of the applicant’s proposed
facility and any existing facilities within three miles of the
proposed site.
b. Report from a structural engineer showing the tower
antennae capacity by type and number and a certification that
the tower is designed to withstand winds in accordance with
ANS/EIA/TIA 222, latest revision, standards.
c. Evidence that a valid FCC license for the proposed
activity has been issued.
d. A written agreement signed by the communication
facility owner and property owner to remove the tower and
any other equipment within sixty (60) days after
abandonment. As used herein, the term ‘abandonment’ shall
mean that the communication tower has not been used for its
intended and approved purpose for more than one hundred
eighty (180) days.
e. Establish that the use of and frequencies emitted from
the tower and equipment will not interfere with the
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transmissions of law enforcement, fire, emergency response,
public works, or other service agencies.
f. Additional information as required to determine that
all applicable zoning and siting regulations are met.
2. Communication towers and equipment must meet the
following design standards:
a. Communication towers shall be set back from all
property lines and all other principle structures a distance not
less than one half of the tower’s height, unless a tower is
adjacent to a commercial or residential district or a city park,
in which case the tower will be set back a distance not less
than the full tower’s height.
b. Communication towers shall have a maximum height
of forty-five (45) feet.
c. When possible towers shall be located atop existing
structures (i.e. water tower or co-op grain tower) or disguised
as other objects that better blend in with the local
environment.
d. Communication towers that are not located atop
another structure as recommended in 3-c shall be disguised to
reduce the visual impact of typical tower installations.
Appearance of the tower must be approved by staff.
e. Lights and signage shall not be permitted on any tower
unless specifically required and permitted by the Federal
Communications Commission, Federal Aviation
Administration or the City of Waukee.
f. Security fencing, eight feet in height, shall surround
the communication towers, equipment facilities and guy
wires.
g. Communication tower equipment facilities and
accessory structures shall be designed to be architecturally
compatible with the surrounding area.
h. Communication tower facilities mounted to a building
wall shall be painted to blend with the color and materials of
the surface to which it is attached. All wiring and accessory
equipment shall be concealed from view. Communication
facilities located above the roof of the structure shall be
appropriately screened from view through use of panels,
walls, fences or other screening techniques approved by the
City.
3. Providers may be required to co-locate and enter into co-
location agreements to minimize the overall number of towers within
the city.
a. All new communication towers, and any pre-existing
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communication towers, owned by a licensed carrier, upon
which this chapter permits co-location of additional
communication facilities, shall be made available for use by
the owner or initial use thereof, together with as many other
licensed carriers as can be technically co-located thereon.
However, nothing in this chapter shall prevent licensed
carriers from charging a reasonable fee for the co-location of
additional communication facilities upon said tower, which
does not exceed the fair market value of the space occupied.
b. All licensed carriers shall cooperate with each other in
co-locating additional communication facilities upon such
towers. All licensed carriers shall exercise good faith in co-
locating with other licensed carriers and in the sharing of
towers, including technical information to evaluate the
feasibility of co-location. This covenant of good faith and fair
dealing shall be a condition of any permit issued pursuant to
this chapter for a new communication tower.
4. Communication towers and equipment shall meet or exceed
the current standards and regulations of the Federal Aviation
Administration and any other agency of the federal government with
the authority to regulate communication towers and equipment.
C. The Community Development Director is authorized to submit a
telecommunication development application to an independent technical
expert to review any technical materials submitted including, but not limited
to, those required in this chapter. The applicant shall pay all reasonable costs
of this review, including any administrative costs incurred by the City. Any
proprietary information disclosed to the City or to the technical expert hired
shall remain confidential and shall not be disclosed to any third party.
[November 11, 1986]
(Repealed in its entirety) May 20, 2002 – Ordinance 2376