§ 17.20.6.250. Telecommunications facility.

A.

Purpose. The provisions of this section are established to promote the public health, safety, and welfare, while at the same time not unduly restricting the development of needed telecommunications facilities, and are intended to accomplish the following purposes, to the full extent permitted by law:

1.

Protect the visual character of the City from the potential adverse effects of telecommunication facility development and minor antenna installation.

2.

Insure against the creation of visual blight within or along the City's scenic corridors and ridgelines.

3.

Retain local responsibility for and control over the use of public rights-of-way to protect citizens and enhance the quality of their lives.

4.

Protect City residents from the possible adverse health effects associated with exposure to high levels of non-ionizing electromagnetic radiation (NIER).

5.

Protect environmental resources.

6.

Insure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided.

7.

Create and preserve telecommunication facilities that will serve as an important and effective part of the City's emergency response network.

B.

Applicability. The provisions of this section apply to all telecommunication facilities, except City government owned or public service use/facility owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems, public education and transportation with heights not exceeding thirty-five (35) feet. Additionally, the provisions of this section do not apply to single satellite dishes smaller than ten (10) inches in diameter.

(Ord. 2950, 2007)

C.

City licensing. Telecommunications carriers and providers engaged in the business of transmitting, supplying, or furnishing of telecommunications originating or terminating in the City shall register with the City pursuant to Title 5, OCCGF.

(Ord. 2950, 2007)

D.

Other permitting and licensing. Prior to issuance of a building permit, the applicant shall obtain other applicable permits/approvals from other governmental agencies which may have jurisdiction over the project.

E.

FCC compliance. Commercial telecommunication facilities and antennas shall comply at all times with FCC rules, regulations, and standards. In event of conflict between federal law and this chapter, federal law shall prevail.

F.

Yard setbacks. Facilities and antennas shall not be located in the required yard setback of the zoning district in which it is located.

G.

Placement of satellite dish and parabolic antennas. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

H.

Historic districts. Commercial telecommunication facilities and antennas shall not be located in a historic district, unless fully concealed and not otherwise visible.

I.

Structural requirements. No telecommunication facility shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end, any telecommunication tower, located at a distance of less than one hundred ten (110) percent of its height from an inhabited area or other tower shall be designed and maintained to withstand without failure the maximum forces expected from wind and earthquakes when the tower is fully loaded with antennas, transmitters and other equipment, and camouflaging, if any.

1.

Initial compliance. Initial demonstration of compliance with this chapter shall be provided via submission of a report to the City Building Official prepared by a structural engineer licensed by the State that describes the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed.

2.

Continued compliance. Proof of ongoing compliance shall be provided via submission to the City Building Official at least every five (5) (self-supporting and guyed towers)/ten (10) (monopoles) years of an inspection report prepared by a structural engineer licensed by the State indicating the number and types of antennas and related equipment actually present and indicating the structural integrity of the tower. Based on this report, the building official may require repair or, if a serious safety problem exists, removal of the tower.

J.

Basic tower and building design. All telecommunication facilities shall be designed to blend into the surrounding environment. To this end, all the following measures shall be implemented:

1.

Telecommunication towers shall be constructed out of metal or other non-flammable material, unless specifically conditioned by the City to be otherwise.

2.

Telecommunication towers taller than thirty-five (35) feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted to the Director of Planning and Community Development that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes.

3.

Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence shows that this is not feasible.

4.

Telecommunication support facilities (e.g., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be placed in underground vaults to the greatest extent possible.

5.

Telecommunication support facilities shall be no taller than fifteen (15) feet and shall be designed and constructed to look like a building or facility typically found in the area.

6.

Telecommunication support facilities in areas of high visibility shall, where possible, be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.

7.

All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that will minimize their visibility to the greatest extent feasible. Improvements which will be primarily viewed against soils, trees, or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.

8.

The project description and permit shall include a specific maximum allowable gross cross-sectional area, or silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective.

9.

The City shall have the authority to require special design of the telecommunication facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

10.

Antennas and supporting electrical/mechanical equipment installed on the rooftop or above a structure shall be screened, constructed, and/or colored to match the structure to which they are attached.

11.

Telecommunication facilities shall insure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

12.

No sign shall be placed on a tower.

13.

When a telecommunication facility is located in a residential zoning district, no employee shall be based at the site. Routine maintenance and monitoring is permissible.

K.

Required setback. Telecommunication towers shall be set back at least twenty-five (25) percent of the tower height from all property lines. Guy wire anchors shall be set back at least twenty (20) feet from any property line.

L.

Maximum height. Towers shall not exceed the heights listed in Exhibit 20-7. Not withstanding the preceding, no tower shall exceed the height limitations described in Chapter 54 of this Title.

Exhibit 20-7. Maximum tower/antenna height

	Maximum Height
Residential zoning districts	35 feet
Commercial zoning districts	45 feet
Mixed use zoning districts	45 feet
Industrial zoning districts	100 feet, 50 additional feet may be added to accommodate co-location if the applicant submits information certifying the capacity of the tower for 2 additional providers and a letter of intent from the applicant indicating their intent to share space. A lightening rod, not to exceed 10 feet, shall not be included within the height limitations.

 

M.

Visibility. All telecommunication facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented for all telecommunications facilities:

1.

No telecommunication facility shall be installed within the influence zone of the Great Falls International Airport or any helipad unless the airport owner/operator indicates that it will not adversely affect the operation of the airport or helipad;

2.

No telecommunication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the Director of Planning and Community Development is submitted showing that this is the only technically feasible location for this facility;

3.

No telecommunication facility shall be installed on an exposed ridgeline, in or at a location readily visible from Interstate 15, a public trail, public park or other outdoor recreation area, or in property designated as a floodway unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible;

4.

No telecommunication facility that is readily visible from off-site shall be installed closer than one-half (½) mile from another readily visible, un-camouflaged or unscreened, telecommunication facility unless it is a co-located facility, situated on a multiple-user site, or blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable; or technical evidence acceptable to the Director of Planning and Community Development is submitted showing a clear need for this facility and the unfeasibility of co-locating it on one (1) of these former sites;

5.

No telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the Director of Planning and Community Development is submitted showing a clear need for this facility and the unfeasibility of co-locating it on one (1) of these former sites; and

N.

Lighting. Lighting shall comply with the standards contained in Chapter 40 of this Title.

O.

Vegetation protection and facility screening. All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility, where necessary. To this end, all of the following measures shall be implemented for all telecommunication facilities:

1.

A landscape plan shall be submitted with project application submittal indicating all existing vegetation, identifying landscaping that is to be retained on the site and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land uses and public view areas. The landscape plan shall be subject to approval during the site plan review process.

2.

Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.

3.

All areas disturbed during project construction other than the access road and parking areas required under Chapter 36 of this Title shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances) to the satisfaction of the Director of Planning and Community Development.

4.

Any existing trees or significant vegetation, on the site or along the affected access area that die shall be replaced with native trees and vegetation of a size and species acceptable to the Director of Planning and Community Development.

P.

Fire prevention. All telecommunication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one (1) that otherwise occurs. To this end, all of the following measures shall be implemented, when determined necessary by the Building Official:

1.

At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

2.

Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.

3.

Rapid entry systems shall be installed.

Q.

Environmental resource protection. All telecommunication facilities shall be sited so as to minimize the effect on environmental resources. To that end the following measures shall be implemented for all telecommunication facilities:

1.

No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect on the historic character of a historic feature or site;

2.

No telecommunications facility shall be sited such that its presence threatens the health or safety of migratory birds;

3.

Potential adverse visual impacts which might result from project related grading or road construction shall be minimized;

4.

Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.

R.

Noise. Telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to the residents of nearby homes and the users of nearby recreational areas such as public parks and trails.

S.

Use of backup generators. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m. If the facility is located within one hundred (100) feet of a residential dwelling, noise levels at the property boundary shall not exceed an Ldn (Day-Night Average Level) of fifty (50) dB (decibels).

T.

Visual compatibility. Facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community.

U.

Visual analysis. A visual analysis, which may include photo montage, field mock-up, or other techniques, shall be prepared by or on behalf of the applicant that identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. The City may require the applicant to provide funding to the City to cover the cost of a second analysis if the analysis submitted by the applicant does not accurately or completely analyze the visual effects of the proposed project.

V.

NIER (non-ionizing electromagnetic radiation) exposure. No telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the ANSI C95.1-1992 standard for human exposure or any more restrictive standard subsequently adopted or promulgated by the City, county, State, or the federal government.

1.

Initial compliance. Initial compliance with this requirement shall be demonstrated for any facility within four hundred (400) feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc. and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed eighty (80) percent of the NIER standard established by this Section, the applicant shall hire a qualified electrical engineer licensed by the State to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the Director of Planning and Community Development. Said facility shall not commence normal operations until it complies with, or has been modified, to comply with this standard. Proof of said compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's expense, independent verification of the results of the analysis.

2.

Ongoing compliance. Every telecommunication facility within four hundred (400) feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five (5) years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the Director of Planning and Community Development. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited areas where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed eighty (80) percent of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the State to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author's/engineer's findings with respect to compliance with the current NIER standard shall be submitted to the Director of Planning and Community Development within five (5) years of facility approval and every five (5) years thereafter. In the case of a change in the standard, the required report shall be submitted within ninety (90) days of the date said change becomes effective.

3.

Failure to submit required reports. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement.

W.

Co-located and multiple-user facilities. An analysis shall be prepared by or on behalf of the applicant, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the City and surrounding rural and urban areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant's expense. Facilities which are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.

1.

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including but not limited to, parking areas, access roads, utilities and equipment buildings shall be shared by site users when, in the determination of the Director of Planning and Community Development, this will minimize overall visual impact to the community.

2.

The facility shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the City. Unresolved disputes may be mediated by the Board of Adjustment. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host to go off-line for a significant period of time.

3.

Approval for the establishment of facilities improved with an existing microwave band or other public service use or facility, which creates interference or interference is anticipated as a result of said establishment of additional facilities, shall include provisions for the relocation of said existing public use facilities. All costs associated with said relocation shall be borne by the applicant for the additional facilities.

X.

Waiver. The City Commission may grant a waiver to the requirements specified in this section when the waiver would not increase the visibility of the facility or decrease public safety. Tower setback requirements may be waived when:

1.

The facility is proposed to be co-located onto an existing, legally-established telecommunication tower; or

2.

The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(Ord. No. 3056, § 1, 8-17-2010)