CHAPTER 15

TELECOMMUNICATION TOWERS

1510    Definitions

1520    Telecommunication Towers

SECTION 1510  DEFINITIONS

For the purpose of this section, the following words and phrases shall have the meaning ascribed to them as follows:

 

1.                  The term “telecommunications tower” means a structure more than ten feet tall, built primarily to support one or more telecommunications antennas.

2.                  The term “telecommunications” means the transmission, between or among points specified by the user, or information of the user’s choosing, without change in the form or content or information as sent and received.

3.                  The term “telecommunications service” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

4.                  The term “antenna” means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels or dishes, and omni-directional antennas, such as whips, but not including satellite earth stations.

5.                  The term “telecommunications antenna” means an antenna used to provide a telecommunications service.

6.                  The term “antenna array” means a structure attached to a telecommunication tower that supports telecommunication antennas.

7.                  The term “whip antenna” means an omni-directional dipole antenna of cylindrical shape that is no more than six inches in diameter.

8.                  The term “non whip antenna” means an antenna that is not a whip antenna, such as dish antennas, panel antennas, etc.

9.                  The term “EIA-222” means Electronic Industries Association Standard 222, “Structural Standards for Steel Antenna Towers and Antenna Support Structures”

10.              The term “historically significant landscapes” and “architecturally significant structures” shall apply to those areas identified as such within the National Register of Historic Places.

 

SECTION 1520          TELECOMMUNICATION TOWERS

 

(A)              NO SPECIAL EXCEPTION REQUIRED

 

(1)               Permitted By Right – Telecommunication towers are a permitted use in all CG, CH, IL, IM, and IH if proposed towers satisfy the following requirements.  Telecommunication towers permitted under this subsection may exceed compatibility and base district height restrictions.

 

(a)                Aesthetic Protection

 

            Telecommunication facilities shall be so located to ensure that historically significant landscapes are protected.  The views of vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities.

 

(b)               Setback

           

            Tower shall be a minimum of 200’ from any RS-3 or more restrictive district.

 

(c)                Height

 

            Tower height, excluding antenna array, does not exceed:

 

(1)               75 feet, if the tower is at least 200 feet but less than 250 feet, from any RS-3 or more restrictive district.

(2)               100 feet, if the tower is at least 250 feet but less than 350 feet, from any RS-3 or more restrictive district.

(3)               120 feet if the tower is 350’ or greater, from any RS-3 or more restrictive district.

 

(d)               Antenna Array Height

 

The antenna array does not exceed the tower height by more than 10 feet.

 

(e)                Setback of Guy Wires

 

All guy wires and guy anchors are setback a minimum of 20 feet from any property line.

 

(f)                 Tower Type

 

The tower is of monopole design, or one of equal or lesser impact, if located within 350’ of any RS-3 or more restrictive district.

 

(g)                Co-Location

 

A telecommunication tower must be designed and built so as to be capable of use by at least three wireless communication providers such as cellular or PCS providers using antenna arrays of 9 to 12 antennas each within 15 vertical feet of each other with no more than three degrees twist and sway at the top elevation.  The owner of the tower and the property on which the tower is located must certify to the City that the antenna is available for use by at least two other wireless telecommunication providers on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities.  If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the building permit application.

 

(h)                Security Fencing

 

The base of tower is enclosed by security fencing.

 

(i)                  Compliance with Applicable Regulations

 

The tower is constructed and operated in compliance with current Federal Communication Commission and other applicable federal and state standards.

 

(j)                 Neighborhood Impact

 

The proposed tower location will not cause a negative impact on any residential neighborhood.  In determining neighborhood impact, the Director shall consider the opinion of record property owners within 300’, but the Director shall not be bound by such opinions expressed.

 

(k)               Removal of Tower

 

Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant/owner.

 

(2)               Replacement of Existing Poles – Telecommunication towers erected to replace existing poles are permitted in all zoning districts, provided that:

 

(a)                The pole replaced is a functioning utility pole or light standard within an established utility easement or public right-of-way, recreational facility light pole, or telecommunication tower.

 

(b)               Replacement tower height, including antenna array does not exceed:

 

(1)   The height of the original utility, light standard, or recreational facility light pole by more than 10 feet; or

(2)   The height of the original telecommunication tower and antenna array.

 

(c)                The pole replaced does not obstruct a public sidewalk, public alley, or other public right-of-way, and

 

(d)               Pole appearance and function, except for antenna, are not significantly altered.

 

(3)               Placement on Existing Poles – permitted in all zoning districts, provided that:

 

(a)                Telecommunication antennas are permitted on existing utility, lighting, telecommunication towers, and sign structures at or exceeding 50 feet in height.

 

(b)               Provided that the antenna does not exceed the height of the structure by more than ten (10) feet if a non-whip type or fifteen (15) feet if a whip type.

 

(c)                Telecommunication antennas located on existing structures are not subject to the 5,000 feet separation requirement.

 

(d)               If any additions, changes, or modifications are to be made to the monopole, the Director of Community Development shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Owasso.

 

(4)               Roof Mounted Telecommunication Antennas – allowed on non-residential buildings in all districts, provided that:

 

(a)                Non-whip antennas do not exceed the height of the building by more than ten (10) feet and is screened from view from any adjacent public roadway.

 

(b)               Whip antennas do not exceed the height of the building by more than fifteen (15) feet and are located no closer than fifteen (15) feet to the perimeter of the building.

 

Prior to the installation of a roof mounted antenna, the Community Development Department shall be provided with an engineer’s certification that the roof will support the proposed antenna and associated roof-mounted antennas and equipment.

 

Roof mounted antennas and associated equipment may either be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so they are not visible from an adjacent public roadway.

 

(5)               Building Mounted Telecommunication Antennas of the nonwhip type are allowed on non-residential buildings in all zoning districts, provided that:

 

(a)                The antenna is mounted flush with the exterior of the building so that it projects no more than 30 inches from the surface of the building to which it is attached.

 

(b)               The antenna’s appearance is such as to blend with the surrounding surface of the building.

 

(c)                Associated equipment shall be place either within same building or in a separate building that matches the existing building in character and materials or blends with landscaping and other surrounding material adjacent to the separate building housing the equipment.  Associated equipment for roof mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway.

 

(6)               When an application for a building permit to locate a telecommunication antenna on an existing building or other structure is made, the Community Development Department shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure as it would appear viewed from the closest residential property.  The applicant shall also submit photographs of the same views showing current appearance of the site without the proposed antenna.

 

(7)               Distance Measurement – distances in this section shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of identified historic property or RS_3 or more restrictive district or use.  For the purposes of applying restrictions set forth in this section, “RS-3 or more restrictive zoning district or use” excludes property that is:

 

(a)                Used as public or private primary or secondary educational facility;

 

(b)               Used as a college or university educational facility;

 

Owned by the US, State of Oklahoma, Tulsa County, or the City of Owasso, and not used for RS-3 or more restrictive residential uses;

Used primarily for religious assembly;

 

Used as a cemetery;

 

Occupied by non-residential, non-conforming uses; or

 

Any other site similar to those listed above and determined by the Director of Community Development to be consistent with the purposes of this section.

 

(8)               Exceptions and Exemptions

 

(a)                A telecommunication tower that fails to meet the requirements of this section may be authorized by obtaining a Special Exception through the Owasso Board of Adjustment.

 

(b)               Towers erected by a public agency for police, fire, EMS, 911 or other similar public emergency communication shall be exempt from the requirements of this section.

 

(B)       SPECIAL EXCEPTION REQUIRED

 

(1)               This section is designed to encourage placement of telecommunication towers in permitted areas.  If a proposed telecommunication tower is not to be located in a permitted by right district, a Special Exception is required.

 

(2)               All Special Exception requests for telecommunication towers may be so authorized by the Owasso Board of Adjustment, subject to the following additional requirements:

 

(a)                Setback from Historical Property

 

The tower shall not be on, or within 300 feet, or property recognized as a historical property or a property of historical significance.

 

(b)               Setbacks General

 

The telecommunication tower must be a minimum of 200 feet, or 3 to 1 distance to height ratio, whichever is greater, from structures used for residential purposes.

 

(c)                Height

 

Tower height, excluding antenna array, shall not exceed:

(1)        75 feet if the tower is at least 75 feet, but less than 100 feet, from any RS-3 or more restrictive zoning district.

(2)        100 feet if the tower is at least 100 feet, but less than 200 feet, from any RS-3 or more restrictive district or use.

(3)        120 feet if the tower is at least 200 feet, but less than 300 feet, from any RS-3 or more restrictive district or use.

(4)        Maximum height shall be an appropriate height set by the Board of Adjustment, if the tower is in excess of 300 feet from any RS-3 or more restrictive zoning district or use.

 

(d)               Array Height

 

The antenna array shall not exceed the tower height by more than 10 feet.

 

(e)                Guy Wires

 

All guy and guy wires shall be set back a minimum of 20 feet from any property line.

 

(f)                 Monopole Required

 

Any tower within 200 feet of any RS-3 or more restrictive district shall be of a monopole design, or one of equal or lesser impact.

 

(g)                Security Fencing

 

The base of the tower shall be enclosed by security fencing at a height of 8 feet.

 

(h)                Compliance with Applicable Regulations

 

The tower is constructed and operated in compliance with the current Federal Communications Commission and other applicable federal and state standards.

 

(i)                  Distance from Other Towers

 

New telecommunication towers must be a minimum distance of 5,000 feet from any other telecommunication tower, unless in a by right district.

 

(j)                 Removal of Tower

 

Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant/owner.