The purpose of the regulations contained within this Section is to protect the public health, safety, and welfare by establishing minimum locational
requirements, siting criteria and development standards for wireless
communications facilities, in accordance with Section 704(a) of the Federal Telecommunications Act of 1996, as amended.
The impact of these regulations is consistent with the objectives of the Federal Telecommunications Act of 1996 (the Act) to accommodate quality
telecommunications services for consumers at competitive pricing, encourage the rapid deployment of new technologies, and promote competition within a
framework of minimum necessary regulation. As authorized by the Act, the City finds it necessary to enact and enforce these minimum standards. These
standards are designed to: assure safety; ensure compatibility with adjacent land uses; preserve the character of community design; protect revitalization and redevelopment areas, historic districts, and other like areas of considerable City investment; avoid adverse visual impacts to the City landscape; and discourage unnecessary proliferation of wireless facilities.
It is the express intent of this Section that the construction of new communication towers be an option of last resort. To the extent feasible, collocation of antennas on existing towers and their attachment to building rooftops and other suitable structures should first be sought. However, where new tower construction is found absolutely necessary, compatible design measures, such as monopole towers at reduced heights, camouflaging techniques, and screening should be instituted to minimize detrimental effects to the community aesthetic standards.
Subsection 2. Definitions.
Certain terms used in this ordinance shall have the meanings defined by this Subsection. In the event a term is not listed in this Subsection or is not defined elsewhere in this Zoning Ordinance, the conventional meaning of the term shall apply. The Director is authorized to make a final determination of the meaning of any term used in this Section, and, in case of any dispute, an appeal of the
Director’s determination may be filed with the Zoning Board of Adjustment in accordance with Article VIII.
1. Act. The Federal Telecommunications Act of 1996, as amended.
2. Collocation. The placement of more than one communications antenna by more than one wireless communications service provider on a single communications tower.
3. Communications antenna. A device used to transmit and/or receive wireless communications services as authorized by the Federal Communications Commission (FCC), including all mounts and supporting structures other than
supporting communications towers. For the purpose of this Section, a communications antennae shall be classified by the Director into one of the following types:
a. Microwave dish antenna. Parabolic antennas that emit microwave signals.
b. Panel antenna. Vertical and horizontal plane antennas that aim radio signals in specific directions. Also referred to as a sector antenna.
c. Whip antenna. Cylindrical antennas which emit radio signals in a 360 degree horizontal plane and a compressed vertical plane. Also referred to as a stick, omni directional, or pipe antenna.
4. Communications Engineer. Such registered professional engineer(s) qualified in the design and installation of wireless communications facilities and appointed from time-to-time by the Mayor to advise and assist in the technical engineering aspects of the administration and enforcement of this Section.
5. Communications tower. Any ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more antennas. For the purpose of this Section, a communications tower shall be classified by the Director into one of the following structural types:
a. Guyed tower. A communications tower anchored with guy wires.
b. Lattice tower. A self-supporting communications tower with three or more sides of open-framed supports.
c. Monopole tower. A cylindrical self-supporting communications tower constructed as a single spire.
d. Camouflaged tower. A self-supporting communications tower concealed to resemble an object that blends with its surroundings, such as, by way of example but not limitation, a communications tower concealed to resemble a pine tree within a wooded setting, a street lamp, a lookout tower, a clock tower, or a light post on an athletic field.
6. Communications tower, temporary. A transportable communications tower operating temporarily to accommodate special circumstances or in conjunction with a special event. Also referred to as a COW - cellular on wheels or communications on wheels.
7. Compound. A land parcel or that area of a land parcel set aside by lease agreement or easement and developed for a communications tower or commercial satellite facility and accessory buildings, structures, and equipment. Typically, the compound is demarcated by a fence and may include a landscape screen or wooded preserve surrounding the enclosure, all within the compound.
8. Design Review Committee. A committee established by Section 7-1-185 of the General City Code, 1980, as amended, and charged, among other duties, with the review of the urban design elements of all proposed wireless communications facilities within designated commercial revitalization and
redevelopment districts, local historic districts, and other areas and sites where Design Review Committee approval is required by this Section.
9. Director. The Director of the Department of Planning, Engineering and Permits or that person(s) charged by the Director to administer and enforce the provisions of this Section.
10. Dispatch communications. Internal private communication services between a fixed base radio station and mobile units not intended for transmission to the general public and not conducted for a profit.
11. Engineer. A registered professional engineer qualified in the design and installation of wireless communications facilities.
12. FAA. The Federal Aviation Administration.
13. FCC. The Federal Communications Commission.
14. Height. When referring to a communications tower or ground-mounted commercial satellite facility, the distance measured from the structure_s lowest elevation at grade to the highest point of the structure and any projections from the structure; except a lightning rod of six (6) or less feet shall not be included in determining the height of the structure. When referring to a communications antenna or commercial satellite facility mounted to the roof of a building, the distance measured from the top roof line to the top of the antenna.
15. Multi-family complex. For the purpose of this Section, a tract of five (5) or more acres planned and developed as an integral unit under single ownership or control, consisting of three (3) or more buildings of multiple family dwellings for individual lease or sale.
16. Protected residential lot. A subdivided lot used, planned, or clearly intended for residential use other than a multi-family complex, as defined by this Section, regardless of zoning classification, or a vacant lot zoned residential.
17. Public utilities. Essential services to the public at-large, including water, sewer, telephone (except wireless), electricity, natural gas, and other services regulated by the Alabama Public Service Commission as a public utility, but excluding cable TV, radio, television, and any public utility operation of a wireless communications facility for a profit.
18. Roof line, bottom. A line which joins the vertical plane of a building face with the lowest horizontal member of the roof of a building.
19. Roof line, top. A horizontal line above which no roof surface on a building projects, excluding equipment, service penthouses, and other structures mounted to a roof.
20. Stealth concealment. The creative application of construction techniques designed to minimize the visual impact of communications towers, antennas, commercial satellite facilities, and accessory buildings and structures. Stealth concealment may include, but not be limited to such measures as, architecturally-compatible screening shields around a roof top antenna facility, specially-finished antenna panels affixed to a building wall, the design of an equipment shelter to resemble a garage or household storage building, or a church steeple, spire, or clock tower enclosing antennas mounted to a building.
21. Wireless communications facilities. For the purpose of this Section, wireless communications facilities shall be classified by the Director into one of the following functional use classifications:
a. Broadcast facilities. Transmission towers, relay towers, and accessory facilities used to transmit AM and FM radio signals, VHF and UHF television (TVBS) signals, wireless cable (MMDS) signals, and similar broadcast services.
b. Cellular communications facilities. Low-powered transmitters used to transmit signals in a cell for cellular radiotelephone services (cellular phones), personal communications services (PCS), enhanced specialized mobile radio (ESMR), trunk mobile cellular radio, paging services, and similar cellular-based communications services to the general public.
c. Commercial satellite facilities. Satellite earth stations which are greater than two (2) meters in diameter and used to send and/or receive satellite signals and similar communications services.
d. Microwave Relay Facilities. Facilities used to transmit radio signals between two or more fixed points by microwave antennas and similar transmission services.
e. Two-Way Radio Facilities. Fixed base stations used to communicate with mobile units or multiple points and similar radio transmission services.
Subsection 3. Exemptions.
1. Federally-mandated exemptions. The following wireless communications facilities shall be exempt from the requirements of this Section, in accordance with the Federal Telecommunications Act of 1996, provided however, such facilities may be subject to other provisions of this Zoning Ordinance, building and technical codes, and related parts of the City Code:
a. Amateur radio service antennas (HAMS), provided such antennas where accessory to a residential use shall not exceed twenty five (25) feet
above the established height of the zoning district.
b. Satellite earth station antennas that are one (1) meter or less in diameter and designed to receive direct broadcast satellite services (DBS), including direct-to-home satellite services.
c. Antennas which receive signals from television broadcast stations (TVBS)
or antennas that are one meter or less in diameter or diagonal measurement and are designed to receive wireless cable services via multi-channel multipoint distribution service providers (MMDS), provided such antennas shall not exceed twenty five (25) feet above the established height of the zoning district.
d. Satellite earth station antennas which are two (2) meters or less in diameter and located in any area zoned to generally permit commercial or industrial uses.
2. Additional exemptions. The following wireless communications facilities shall be exempt from the requirements of this Section, except as noted. Such facilities shall not be exempt from the requirements of Subsection 4.
Prohibitions; the height limitations in Subsection 6. District Use and Height Regulations; Subsection 8. Required Permits and Approvals; and other applicable provisions of this Zoning Ordinance, the building and technical codes, and related parts of the City Code. These facilities shall only be permitted by administrative review and approval as an accessory structure that is subordinate and incidental to an approved non-residential use on the same parcel. An Application to Develop a Wireless Communications Facility, as provided for in this Section, may be required.
a. Accessory facilities used exclusively for dispatch communications by public emergency agencies.
b. Accessory facilities used exclusively for dispatch communications by government agencies.
c. Accessory facilities used exclusively for dispatch communications by private providers, provided such facilities do not exceed fifteen (15) feet in height where mounted to a building roof top or twenty (20) feet in height where ground-mounted. Further, such facilities shall not bear advertising or be lighted.
d. Facilities, such as Supervisory Control and Data Acquisition (SCADA) or Distribution Automation (DA) facilities, exclusively used by public utilities (as defined by this Section) for monitoring and controlling the operation of public utility systems, where accessory to a permitted public utility installation, provided such facilities do not exceed twenty (20) feet in height where mounted to a building roof top or other structure or sixty (60) feet in height where ground-mounted.
Subsection 4. Prohibitions.
Except as provided for in Subsection 3-1.Federally-mandated exemptions, all wireless communications facilities shall be subject to the following prohibitions:
1. Lattice tower prohibition. Ground-mounted lattice towers exceeding forty (40) feet in height shall be prohibited throughout the City.
2. Protected residential lot prohibition. No communications tower, commercial satellite facility, broadcasting facility, or two-way radio facility shall be permitted on a protected residential lot, as defined by this Section.
3. Dwelling prohibition. No communications antenna shall be attached to a one or two-family dwelling or any other dwelling of less than fifty (50) feet in height.
4. Antenna height prohibition. No communications antenna exceeding twenty (20) feet in height shall be mounted to the roof of a building.
Subsection 5. Requirements Applicable to all Wireless Communications