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HomeMy WebLinkAboutORD985ORDINANCE NO.985 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT CODE BY ADDING CHAPTER 8,ARTICLE 8-1-1,WIRELESS COMMUNICATIONS FACILITIES, REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. SECTION I IN GENERAL;AMENDMENT OF APACHE JUNCTION CITY CODE VOLUME II.LAND DEVELOPMENT CODE That the Apache Junction City Code,Volume II,Land Development Code,be amended by adding Chapter 8,Article 8-1 Wireless Communications Facilities to read as follows: Section 8-1-1 Intent and purpose The purpose of this chapter is to establish a comprehensive set of regulations pertaining to the location,siting,development,design and permitting of wireless communications facilities for all zones existing in this City in order to: 1.facilitate the development of a wireless communications infra- structure in the City for commercial,public and emergency uses, and 2.protect the health,safety,welfare and aesthetic concerns of the public. Section 8-1-2 Applicability This ordinance shall apply to all types of aerials and associated facilities used for wireless communications,that is,the transmitting and/or receiving of voice,data,video images and other information through the air via signals in the radio and microwave frequency band.This includes aerials for amateur radio,television,wireless modems,cellular phones,enhanced specialized mobile radio (ESMR),personal communications services (PCS),paging systems, satellite communications and other wireless communication technologies utilizing signals in the radio and microwave band.No wireless communication facility;antennas,masts,towers and associated equipment shall be hereafter erected,structurally altered or enlarged other than in conformance with the provisions of this chapter and other applicable provisions of this title. ORDINANCE NO.985 PAGE ONE OF EIGHT Section 8-1-3 Definitions A."Aerial"means a stationary transmitting and/or receiving wireless communication device consisting of one or any combination of the elements listed below: 1."Antenna"means a horizontal or vertical element or array,panel or dish that may be attached to a mast or tower for the purpose of transmitting or receiving radio or microwave frequency signals. 2."Mast"means a vertical element consisting of a tube or rod which supports an antenna. 3."Tower"means a vertical framework of cross elements which supports either an antenna,mast or both. 4."Guy wires"means wires necessary to insure the safety and stability of an antenna,mast or both. B."Collocation"means the placement of aerials and other facilities belonging to two or more communications service providers on a single mast or building. Section 8-1-4 Site Locations A.Residential and Home Occupation Aerials 1.Aerials intended for residential and home occupation use may be allowed on all residentially zoned and used properties. HAM aerials are included in this designation. B.Commercial,Industrial and Public/Semi-public Properties 1.Aerials intended for commercial,office,industrial and public/semi-public use are prohibited on residentially zoned and used properties,and/or historically designated properties. 2.Administrative Review -aerials proposed on public/semi- publicly owned properties shall be required to undergo an administrative review process. ORDINANCE NO.985 PAGE TWO OF EIGHT 3.Conditional Use Permit -aerials proposed on properties zoned for commercial or industrial purposes shall be required to go through the Conditional Use Permit process and the associated public hearings before the Planning and Zoning Commission. Section 8-1-5 General Site Development Regulations A.Aerials 1.Aerials located on public or semi-public property shall have a maximum height allowance that is compatible to existing communication structures on the subject property.If no other wireless communication facilities exist on the subject property then the height shall be consistent with other existing structures within the City of Apache Junction, subject to approval by the Director of Development Services. 2.Overall height of the aerials on commercial and industrial zoned property shall meet the maximum height requirement of the zoning district plus ten (10)feet.Proposed aerials exceeding this height may request an exception during the Conditional Use Permit process for an aerial exceeding the maximum height allowed.Except those wireless communication facilities that meet the criteria as listed in Section 8-1- 5-8-1 of this Ordinance. 3.All aerials,either based on the ground or based on an existing structure,shall require a building permit.The building permit requirements shall include adequate engineering analysis and details of the location of support devices including,but not limited to,footing,guy wires and braces conforming to all applicable codes,as adopted by the City of Apache Junction,to the satisfaction of the Building Official. 4.The section of masts and towers more than thirty (30)feet above ground shall have a cross-section that can be fitted within a square with a side of twelve (12)inches,unless an exception is granted by the Planning and Zoning Commission through the Conditional Use Permit process. ORDIANCE NO.985 PAGE THREE OF EIGHT B.Antenna 1.An antenna consisting of a single vertical element not more than four inches in diameter in lieu of a horizontal arrangement shall have a maximum height of sixty-five (65) feet and be an original manufactured antenna.HAM antennas exceeding the sixty-five (65)foot height limit are required to apply for an exception as outlined in Section 8-1-10 of this Ordinance. 2.Antennas and/or guy wires shall not overlap adjoining properties and shall not encroach upon an easement without the written consent of the owner of the easement which shall be attached to the application for the building permit. C.Masts and Towers 1.Concentration of Towers and Masts The number of towers and detached masts exceeding eight (8) inches in diameter at the base and thirty (30)feet in height above ground level,allowed per lot shall be as follows: Maximum Number of Lot Size Towers and Detached Masts Less than 30,000 square feet One. 30,000 square feet or more Two.Additional towers,and detached masts,above two,not meeting the criteria stated in Section 8-1-5-C-1 require conditional use permit approval by the Planning and Zoning Commission. 2.Wood towers shall not be erected. 3.Masts and towers must be located to the rear of the property in accordance with placement of accessory structures on a parcel and shall not be closer that six feet to any property boundary. ORDIANCE NO.985 PAGE FOUR OF EIGHT 4.All commercial,office,and industrial aerial mast and tower approvals shall be conditioned to allow the collection of aerials and related facilities of other commercial,office, and industrial users where appropriate and feasible. D.Associated Facilities 1.Back up power generators shall comply with the setbacks of the zoning districts and city's noise standards as outlined in Section 10-1-12 of the City Code. Section 8-1-6 Specific Site Development Regulations A.Residential and Home Occupation Aerials 1.Aerials with panel or dish antennas of more than ten (10) square feet shall comply with the setbacks and height limits for accessory structures. B.Commercial,Industrial and Public,Semi -Public Properties 1.Aerials mounted on buildings may extend six (6)feet above the building parapet wall.An additional one (1)foot of height is allowed for every ten (10)feet that the aerial is setback from the parapet,to a maximum height of ten (10) feet above the building parapet,before a height exception is required. 2.Detached masts and towers shall be located no closer to a residentially zoned property than fifty (50)feet or a distance equal to one (1)foot for every one (1)foot of structure height,whichever,is greater.Building mounted aerials should be located a minimum of fifty (50)feet horizontally from any residentially zoned property. Section 8-1-7 Design and Siting Review For aerials requiring discretionary review,the Director of Development Services or the Planning and Zoning Commission shall review the design and siting of the aerial.The primary objective is to blend the design of the aerial into the surrounding environment,or site the aerial in such a manner to minimize the visual intrusiveness of the structure.This review may include,but not be limited to,the following criteria: ORDINANCE NO.985 PAGE FIVE OF EIGHT A.The weighing of the design and site advantages and disadvantages of a wall -mounted aerial versus a roof -mounted aerial versus a freestanding aerial. B.The use of colors,materials and textures to integrate the aerial into the surrounding environment or building. C.The use of landscaping to screen the aerial and its associated structures. D.The proximity and visibility OF THE aerial to residential properties and public rights -of -way. E.The dispersal of aerial locations to avoid visual clutter. F.The concentration of aerial locations to avoid visual clutter. G.Opportunities for collocation of aerials on existing masts and towers where visual intrusiveness is reduced. H.The design of the building which houses the related equipment and its compatibility with the adjoining building architecture. I.The balancing of aesthetic concerns with the need to provide a functional communications system. Section 8-1-8 Application Requirements In addition to the standard application requirements listed in Section 8-1-7 of this Ordinance,the applicant may be required to provide the following materials: A.A master plan shall be prepared by the provider of all facilities that can be reasonably foreseen,showing the proposed aerial locations within a one (1)mile radius of the proposed site(s). The purpose of this requirement is to identify opportunities for clustering,dispersal and collocation of aerials to reduce visual intrusiveness. B.Erection of a mock aerial (model aerial to scale),and a computer simulation of sight -line elevations for all aerials,to help assess the visual effects. ORDINANCE NO.985 PAGE SIX OF EIGHT C.Documentation that the technology and usage of that technology meets Federal Communications Commission adopted safety standards. Section 8-1-9 Permitting A.For all zoning districts,aerials that exceed maximum height limits require a height exception except as otherwise provided in Section 8-1-10. B.All City approvals for new aerials and modifications of existing aerial approvals shall by conditioned to require the removal of the aerial and its associated facilities if the aerial is not used for its permitted purpose for a period of one -hundred -eighty (180) days.The property owner or applicant shall bear the entire cost of demolition and site restoration. Section 8-1-10 Exceptions A.Exceptions may be granted by the Planning and Zoning Commission for tower and mast cross section widths and aerial heights exceeding the maximum limits where practical difficulties, unnecessary hardships,or results inconsistent with the purpose and intent of the chapter result from strict application of the chapter provisions. B.A request for exception must be submitted on a form as prescribed by the Director of Development Services.The application shall be accompanied by a fee prescribed by City Council resolution.Upon receipt of an exception application,a time and place for a public hearing before the Planning and Zoning Commission shall be set.A Notice of Public Hearing for an exception under this chapter shall be given in the same manner as provided in Section 13.0105 of the Zoning Ordinance for the City of Apache Junction.The Planning and Zoning Commission may grant the exception based upon all the following findings: 1.That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; 2.That granting of an exception will not result in a condition that will be detrimental or injurious to property or improvements in the vicinity and will not be materially detrimental to the public health,safety or welfare; ORDINANCE NO.985 PAGE SEVEN OF EIGHT 3.That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic. C.After closing the public hearing,the Planning and Zoning Commission may approve,conditionally approve,or deny the application for exception.The Commission's decision on the exception request may be appealed to the City Council as provided for in Section 6.0101.4 of the Zoning Ordinance for the City of Apache Junction. SECTION III REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION IV PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 18TH DAY OF MARCH ,1991. SIGNED AND ATTESTED TO THIS 18TH DAY OF MARCH 1997. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: WILLIAM FARREL Interim City Attorney ORDINANCE NO.985 PAGE EIGHT OF EIGHT „DOUGLAS COLEMAN Mayor