HomeMy WebLinkAboutCity/County Planning Board Minutes 10.04.2001 MINUTES
LAUREL CITY-COUNTY PLANNING BOARD
OCTOBER 4, 2001 7:00 PM
COUNCIL CHAMBERS
MEMBERS PRESENT:
Gerald Shay, Chairman
Ed Thumer, City Rep.
Kate Stevenson, City Rep.
Ziggy Ziegler, County Rep.
Kurt Baltrusch, County Rep.
Tom Robertus, County Rep.
Betty Hart, County Rep.
Laurel Haggart, City Rep.
Steve O'Neil, City Rep.
OTHERS PRESENT:
Cal Cumin, City Planner
Cheryll Lurid, City Secretary
The minutes of August 2, 2001 were reviewed and approved.
The bill for $2400.00 for administrative services for July 2001 through June 30, 2002 was reviewed.
Motion by Kurt Baltrusch, second by Laurel Haggart to approve the bill. Motion carried 8-0.
PUBLIC I-IEARING- WIRELESS COMMUNICATIONS TOWERS
Chairman Shay opened and closed the public hearing; no one was present.
The board reviewed the proposed changes to existing chapter 17.21 of Laurel Municipal Code,
Telecommunications Towers and Antennae. (see attached)
On page 5, first paragraph, last sentence, the word ordinance should be replaced by the word "section".
Betty Hart questioned who would be financially responsible to dismantle the tower if it is abandoned?
She would like to see research done on this and a section be added to the chapter. She suggested that a
bond be posted at the time of construction o£the tower.
Gerald Shay suggested that the owner of the tower set up an escrow account before the construction
process begins.
Cai ;viii resem:ch this issue and, if possible, will add wording to the section before it is presented to the
City Com~cil.
Motion by Ed Thurner, second by Kurt Baltrush to recommend the proposed change to Section 17.21,
Telecommunications Towers and Antennae, with the possible addition of ways of fmancing of the
dismantling of an abandoned tower. Motion carried 8-0.
ENTRS'~VAY ZONING
Cai suggested the board think about components for an entryway zone for the entrances to Laurel, which
would help eliminate future problems and issues such as towers. He will research this issue and report
back.
Cai also suggested that the board go on the website fischerandassociates.corn/laurel to view what the
Laurel Revitalization has come up with regarding future city planning.
Gerald Shay asked if any board members were planning to go to the Montana Association of Planners
2001 annual conference in Billings October 10-127 Several members are planning to attend.
Next month the board ~vill hold a public hearing for a proposed zone change and preliminary plat for
Little Dude Ranchettes. Cheryll will send out the information next week so the board can have plenty of
time to review the water availability study done by Aquaneering.
A question on whether or not Tacy Desjarlals's daycare on the south side has put up the fencing that the
board required for her daycare? Cheryll will look into it and contact Cal.
The meeting was adjourned at 8:00 pm.
Respectfully submitted,
REPLACE EXISTING CHAPTER 17.21 (as adopted by City Ordinance No. 099-28)
WITH THE FOLLOWING
CHAPTER 17.21
TELECOMMUNICATIONS TOWERS AND ANTENNAE
Sections:
17.21.010 Intent
17.21.020 Standards for Amateur Radio Antenna Support Structures
17.21.030 Standards for Wireless Communication Facilities
17.21.040 Standards for Land Mobile Radio and Radio and Television Broadcast
Antermae and Antennae Support Structures
Section 17.21.010 Intent.
This section is established to regulate the placement of telecommunications
towers and antennae within the Laurel zoning jurisdictional area (one mile outside the
municipal limits).
Section 17.21.020 Standards For Amateur Radio Antenna Support Structures.
A. Definitions. For the purposes of this section, the terms used shall be defined as
follows:
1. Amateur Radio Antenna: A ground-, building- or tower-mounted antenna
operated by a federally licensed amateur radio operator as part of the Amateur Radio
Service, 49 CFR § 97 and as designated by the Federal Communications Commission
(FCC).
2. Amateur Radio Antenna Support Structure: Any structure or device
specifically designed, constructed and/or erected for the purpose of attaching, mounting
or otherwise affixing amateur radio antennae. The term includes the structure and any
support thereto.
3. Antenna Support Structure Height: The vertical distance measured from
the base of the antenna support structure at grade to the highest point of the structure
including any attached antennae. If the support structure is on a sloped grade, then the
average between the highest and lowest grades shall be used in calculating the antenna
heightl
General Provisions. Ail amateur radio towers shall comply with the folloxving
requirements:
Amateur radio antenna support structures and antennae shall be located only
within the rear yard and shall not be placed within any required setback and
shall be located so as to minimize their impact on adjacent residential
properties and adjacent rights-of-way while maintaining acceptable signal
quality.
Amateur radio antenna support structures and antennae exceeding six (6) feet
in height above grade (if ground-mounted) or above the roof or ridge of the
building on which they are located (if building-mounted), shall require a
building permit if located within the municipal limits of LaureI. If located
within one mile of such municipal limits, applicants must provide evidence to
the Laurel Code Enfomement Office that the device is adequately anchored,
designed, and/or constructed so as to safeguard the general public and/or
adjacent property from damage in the event of failure of the device.
It is recommended that amateur radio antenna support structures be designed,
installed, and maintained so as to blend into the surrounding environment
through the use of color and alternative designs, except in instances where the
color is dictated by the Federal Aviation Administration (FAA)
In accordance with the FCC's preemptive ruling PRB 1, 101 FCC 2d 952
(1985), antenna support structures erected for the primary purpose of
supporting amateur radio antennae may exceed height limitations of the
underlying zoning.
5. Attacbanents to amateur radio antenna support structures, such as guy wires,
shall not cross any property line or any existing or proposed easement.
6. No lighting shall be permitted on any amateur radio antenna support
structures except as mandated by the FAA.
7. No signage (other than required warning signs) or displays of any type shall
be permitted on any amateur radio antenna support structure.
C. Applicability.
All amateur radio antenna support structures and antennae located within the City
of Laurel or its surrounding zoning jurisdictional area whether upon private or public
lands shall be subject to this ordinance. This ordinance shall apply to amateur radio
antenna support structures and antennae upon state and federal lands to the extent of. the
City's jurisdiction by way of law, pursuant to any memoranda of understanding or
otherwise. Only the following facilities shall be exempted from the application of this
ordinance: Pre-existing amateur radio antenna support structures or antennae. Pre-
existing amateur radio antenna support structures and pre-existing amateur radio antennae
shall not be required to meet the requirements of this ordinance, so long as said pre-
existing antenna support structures and antennae have received all required approvals,
permits, and exceptions prior to adoption of this ordinance.
Section 17.21.030 Standards for Wireless Communications Facilities.
A. Purpose.
The purpose of this section is to establish regulations for the siting of antenna
support structures and antennae on public and private property. The goals of this section
are to:
1. Encourage the location of antenna support structures in non-residential areas
and minimize the total number of antenna support structures throughout the community;
2. Strongly encou-rage the joint use of new and existing antenna support
structures;
3. Require wireless communication facilities to be located, to the extent possible,
in areas where the adverse impact on the community is minimal;
4. Require wireless communication facilities to be configured in a way that
minimizes the adverse visual impact of the towers and antennae; and
5. Enhance the ability of the providers of wireless communication services to
provide such services to the community, as quickly, effectively, and efficiently as
possible.
B. Definitions.
1. Abandoned Antenna Support Structures: Any antennae or antenna support
structures that are not utilized for the provision of wireless communications services for a
continuous period of six (6) months shall be considered abandoned.
2. Alternative Antennae Support Structure: An antenna support structure
designed to shield, conceal, or disguise the presence of antennae or towers and blend with
the surrounding setting. Alternative structures may include, but are not limited to,
unobtrusive architectural features on new or existing structures, utility poles, clock
towers, flagpoles, and church steeples.
3. Antenna: .~ny structure or device used for the purpose of collecting or
transmitting electromagnetic waves, including but not limited to directional antennae,
such as panels, microwaves dishes, and satellite dishes, and omni-directional antennae.
such as whip antennae but not including satellite earth stations.
4. Antenna Support Structure: Any structure or device specifically designed,
constructed an&'or erected ~br the purpose of attaching, mounting, or otherwise affixnig
anteunae. Antenna support structures may include, but are not limited to, self-supporting
lattice towers, guyed towers, or monopole towers. The term also includes radio and
television transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative antenna support structures, and the like. The term includes
the structure and any support thereto. Land mobile radio and radio and television antenna
support structures are regulated under Section I7.21.040 of this regulation.
5. Antenna Support Structure Height: The vertical distance measured from the
base of the antenna support structure at grade to the higl~est point of the structure
including any attached antennae. If the support structure is on a sloped grade, then the
average between the highest and lowest grades shall be used in calculating the anterma
height. The height of roof-mounted antenna support structure height does not include the
height of building on which they are mounted.
6. Antenna or Tower Farm: An antenna or tower farm is a tract of land that
contains no more than three (3) antenna support structures within seven hundred fifty
(750) linear feet of each other. No antenna support structures located in tower farms shall
exceed two hundred fifty (250) feet in height. Legal tracts must be adjacent to each other
to be included in this definition.
7. Co-location: The use of a wireless conm~unications facility by more than one
wireless conu-nunications provider.
8. Commercial Wireless Communications Services: Licensed commercial
wireless telecommunication services including cellular, personal communications
services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio
(ESMR), paging, and similar services that are marketed to the general public.
9. Equipment Enclosure: A structure, shelter, cabinet, or vault used to house
and protect the electronic equipment necessary for processing wireless communication
signals. Associated equipment may include air conditioning, backup power supplies, and
emergency generators.
I0. Wireless Communication Facility: An unstaffed facility for the
transmission ancTor reception of radio frequency (RF), microwave or other signals for
commercial communications purposes, typically consisting of an equipment enclosure, an
antenna support structure and one or more antennae. Amateur radio, land mobile radio,
and commercial radio and television facilities axe excluded from this definition.
11. FAA: Federal Aviation Administration.
12. FCC: Federal Communications Commission.
C. Applicability.
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All wireless communication facilities located within the City of Laurel and its
one-mile zoning jurisdictional area whether upon private or public lands shall be subject
to this ordinance. This ordinance shall apply to wireless commun2cafion facilities upon
state and federal lands to the extent of the City's jurisdiction by way of law, pursuant to
any memoranda of understanding or otherwise. Only the following facilities shall be
exempted from the application of this o~bn-mlee~.
I. Amateur radio stations and antenna support structures.
television.
Antennae and antenna support structures for land mobile radio and radio and
3. Pre-existing antenna support structures or antennae. Pre-existing antenna
support structures and pre-existing antennae shall not be required to meet the
requirements of this ordinance, so long as said pre-existing antenna support structures
have received all required approvals, permits, and exCeptions prior to adoption of this
ordinance.
D. Commercial Antenna Support Structures and Antennae Located in
Residential Zoning Districts.
1. Antenna support structures and antennae shall be permitted as an allowed use
in all residential zoning districts provided they meet all of the following criteria:
a. Alternative antenna support structures conforming to all applicable
provisions of this ordinance and roof-mounted antennae that do not add more than twenty
(20) feet to the total height of the building on which they are mounted shall be permitted
as an allowed use only when located on school, government-owned utility, and other
government sites.
Proposed antennae or antenna support structures that are contrary to this section
are subject to the special review requirements of these zoning regulations. After the
special review hearing and reaching its decision, the City-County Planning Board shall
forward its recommendations to the City Council tbr its decision.
b. Antennae co-located on existing or approved alternative antenna
support structures or existing or approved antenna support structures that have previously
received all required approvals and permits shall be permitted as an allowed use.
2. Anteuna support structures and antennae shall be permitted in the Agricultural-
Open Space (AO) zoning district provided the tbllowing conditions and all applicable
setback, lot coverage, and building (commercial equipment enclosures) height
requirements are met:
a. Antenna support structures conforming to all applicable provisions of
this ordinance shall be permitted when:
(I) Located on school, government-owned utility, and government
sites and alternative antenna support structures for roof-mounted antenna are used.
Proposed antennae or antenna support structures that are contrary to this section are
subject to the special review requirements of Laurel's Zoning Ordinance. After the
special review hearing and reaching its decision, the City-County Planning Board shall
forward its recommendations to the City Council for its decision.
(2) Antenna support structures fifty (50) feet or less in height.
b. Antenna support structures that are greater than fifty (50) feet in height
shall be required to obtain special review approval.
c. Antennae co-located on existing or approved alternative antenna
support structures or existing or approved antenna support structures that have
previously received all required approvals and permits shall be permitted as an allowed
12Se.
d. Antennae or tower farms for antennae support structures fifty (50) feet
or less in height are permit[ed by special review.
E. Commercial Antenna Support Structures and Antennae Located in
Commercial Zoning Districts.
1. Alternative antenna support strncmres shall be permitted as an allowed use in
all commercial zoning districts.
2. Antenna support structures shall be permitted as an allowed use in ail
commercial zoning districts when located on school, government-owned utility, and other
government sites.
Proposed antennae or antenna support structures that are contrary to this section
are subject to the special review requirements of Laurel's Zoning Ordinance. After the
special review hearing and reaching its decision, the City-County Planning Board shall
forward its recommendations to the City Council for its decision.
3. Antermae co-located on existing alternative antenna support structures or
existing antenna support structures which have previously received all required approvals
and permits shall be permitted as an allowed use in all commercial zones.
4. Antenna support structures and antennae located in Residential Professional
(RP) that do not meet the requirements of preceding subsections El, E 2, and E 3 shall be
required to obtain special review approval.
5. New antenna support structures shall not be erected in the Community
Ent .ryway Zone. Antennae may be placed on existing antenna support structures and
alternative anteuna support structures that have previously received all required approvals
and permits and meet the provisions and requirements of this ordinance without obtaining
permit zoning approval.
6. ga~tenna support structures and antennae located in Neighborhood
Commercial (NC), Highway Commercial (HC), Light Industrial (LI), Central
Business District (CBD), Heavy Industrial (HI), and Public (P) zoning districts shall
be permitted as an allowed use provided that the towers meet the requirements
subsections El, E 2, and E 3, or:
a. Roof-mounted antenna that do not add more than twenty (20) feet to
the total height of the building on which it is mounted shall be permitted as an allowed
use. (See additional requirements for roof-mounted antenna in subsection G. 10).
b. Antenna support structures fifty (50) feet in height or less shall be
permitted as an allowed use. Antennae or tower farms for antennae support structures
fifty (50) feet or less in height are permitted by special review.
c. Antenna support structures that are greater than fifty (50) feet in height
shall not be allowed in the CBD or HC Zones.
F. Antenna Support Structures Located in Parks.
The presence of certain wireless communication facilities may conflict with the
purpose of some City and County-owned parks. Wireless conuuunic'ation facilities will
be considered only following a recommendation by the City-County Planning Board, the
City Parks Committee, or the County Board of Park Commissioners and approved by the
City Council. Factors that will be considered include:
1. Public parks ora sufficient scale and character that are adjacent to an existing
commercial or industrial use;
2. Commercial recreation areas and major playfields; and,
Park maintenance facilities.
G. General Requirements.
The requirements set forth in this section shall govern the location and
construction of all wireless communications facilities governed by this ordinance.
1. Building codes and safety standards. To ensure the structural integrity of
wireless communication ±hcilities, the owner of a facility shall ensure that it is maintained
in compliance with standards contained in applicable local building codes and the
applicable standards tbr such wireless communication fhcilities, as amended from time to
time.
2. Regulatory compliance. All wireless communication facilities must meet or
exceed current standards and regulations of the FAA. the FCC, and other local, state or
federal agencies with the authority to regulate facilities governed by this ordinance. Ail
wireless communication facilities must comply with all revised standards and regulations
within the date established by the agency promulgating the standards or regulations.
3. Setbacks:
a. Antenna support structures adjacent to residential uses or zoning.
Antenna support structures must be set back from all property lines a distance equal to
one-half (~A) the height of the structure from any off-site residential structure or
residentially-zoned lot. Accessory structures must maintain a minimum ora fifteen (15)
foot setback from any lot line adjacent to a residential structure or residentially-zoned lot,
or the required setback of the zoning district where the antenna support structure is
located, whichever is greater.
b. Commercial and industrial zoning setbacks. Antenna support
structures and accessory facilities must meet the minimum yard setback requirements,
including arterial setbacks, for the commercial or industrial zoning district in which they
are located.
4. Lot coverage and height: Antenna support structures and accessory structures
shall not exceed lot coverage requirements for the zoning district in which they are
located. Accessory structures shall not exceed the height restrictions for the zoning
district in which they are located.
5. Fencing and buffering.
a. Fencing. A chain link or solid wood fence, or masonry wall at least six
(6) feet in height (eight (8) feet if razor or barbed wire is to be used) shall be constructed
and maintained around the perimeter of the antenna support structure site. Climb-proof
shields can be substituted for a fence or wall around the structure. Solid fences, at least
six (6) feet in height, are required adjacent to residential uses and residentially-zoned
property.
b. Landscaping. For all facilities the following will be required: a
continuous evergreen hedge at least four (4) feet in height when planted, shall be planted
and maintained around the perimeter of the antenna support structure outside of the
required fencing and spaced close together to provide a continuous visual screen. Shrubs
shall also be planted and maintained around the guy anchors for visual screening
purposes.
A performance bond or letter of credit for one hundred fifty percent (150%) of the
landscaping and fencing materials and labor costs shall be posted with the Laurel Code
Enforcement Office, prior to zoning approval or issuance of building permit, to ensure
the placement of required landscaping and fencing.
c. Commercial landscaping. Landscaping requirements shall not apply to
antenna support structures located in the I-leavy Industrial (HI) zoning district.
d. Exceptions for Laurel Airport. If federal safety and security standards
at the airport prevent an antenna support structure from being fenced or landscaped,
preceding items (5)(a) and (5)(b) will not apply. Documentation of these standards must
be submitted with the application.
6. Lighting. Antenna support structures shall not be artificially lighted unless
required by the FAA or other local, state, or f`ederal agency. If the FAA requires safety
lighting, the use of red beacons is preferred to flashing strobe lights.
Security lighting on site may be mounted up to twenty (20) feet high on the tower,
and shall be directed towards the ground to reduce light pollution, prevent off-site light
spillage, and avoid illuminating the tower. Cut-off security lighting must be used
adjacent to residential uses or residentially zoned lots. When incorporated into the
approved design of the facility, light fixtures used to illuminate sports fields, parking lots,
or similar areas may be included in the facility.
7. Signage. Signage shall be limited to non-illuminated waning and equipment
identification signs.
8. Co-location.
a. Antenna support structures should be designed in all respects to
accommodate both the applicant's antennae and antennae for at least two (2) additional
comparable antennae if the antenna support structure is over one hundred (100) feet in
height or for at least one (1) additional comparable antennae if the tower is between fifty
(50) feet and one hundred (100) feet in height.
b. All new antennae must co-locate on existing or approved antenna
support structures or alternative antenna support structures unless it can be demonstrated
co-location is not feasible as provided for in subsection K.7.
9. Maintenance.
a. Equipment at a wireless communication facility shall be automated to
the greatest extent possible to reduce traffic and congestion. Where the site abuts or has
access to a collector or local street, access ~br maintenance vehicles shall be exclusively
by means of the collector or local street.
b. All property used for the siting of an antenna support structure or
antenna shall be maintained, without expense to The City so as to be safe, orderly,
attractive, and in contbrmity with City codes including those regarding the removal of
weeds, trash, and landscape maintenance.
10. Visual impact/aesthetics.
a. Wireless communication facilities shall either maintain a galvanized
steel finish or (subject to any applicable standards of the FAA or other applicable local,
state, or federal agency) be painted a neutral color or painted and/or textured to match the
existing structure so as to reduce visual obtrusiveness.
b. If an antenna is installed on a structure other than a tower, the antenna
and associated electrical and mechanical equipment must be of a neutral color that is
identical to, or closely compatible with, the color of the supporting structure so as to
make the antenna and related equipment as visually unobtrusive as possible. Antennae
and antenna support structures may be mounted on existing buildings that are thirty (30)
feet or more in height above the street grade.
c. Roof-mounted antennae and antenna support structures shall not add
more than twenty (20) feet to the total height of the building on which they are mounted.
Roof-mounted equipment shall be made visually unobtrusive to match existing air
conditioning nnits, stair, elevator towers, or other architectural elements. Only monopole
antennae support structures with omni-directional (whip) or low profile single-directional
(panel) shall be installed on building roofs. Crow's nest antennae arrays are prohibited
on roof-top structures.
d. Wireless communication facilities attached to new or existing
structures shall be designed to blend with the structure's architecture and should be
placed directly above, below, or incorporated with vertical design elements ora structure.
e. Wireless communication facilities shall be located as to minimize their
visibility and not be placed within lfistoric or scenic view corridors as designated by the
Laurel City Council or by any state or federal law or agency.
11. Antenna support structure separation. Ali antenna support structures over
fifty (50) feet in height, regardless of the zoning district in which the structure is located,
shall be located at least one (1) mile from any other antenna support structure that is over
fifty (50) feet. Up to three (3) antenna support structures located within an approved
wireless communication facility tower farm shall be located at least one (1) mile from
any other tower farm.
Exceptions to the terms of subsection G. I I may be granted by the City of Laurel
during the special review process when it is found that no existing or approved antenna
support structure within the required separation distance of the proposed site can
accommodate the applicant's proposed antenna; or a critical need exists fbr the proposed
location, and it is technically infeasible to locate or co-locate structures at or beyond the
required separation distance.
H. Nonconforming Wireless Communication Facilities.
Anterma support structures and/or lhcilities in existence on the date of the
adoption of these regulations, that do not comply with the requirements of these
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regulations, (nonconforming anterma support structures) are subject to the following
provisions:
1. Nonconforming antenna support structures may continue their present use, but
may not be expanded or increased in height without complying with these regulations,
except as further provided in this section.
2. Nonconforming antenna support structures which are hereafter damaged and
destroyed, by less than fifty (50) percent of its replacement value, due to any reason or
cause may be repaired and restored to their former use, location, and physical dimensions
subject to obtaining a building permit and other necessary approvals thereof, but without
otherwise complying with these regulations. If an antenna support structure is destroyed
or damaged by more than fifty (50) pement of its replacement, the antenna support
structure must be brought into compliance with these regulations.
3. The owner of any nonconforming antenna support structure may make minor
modifications in order to improve the structural integrity of the facility, to allow the
facility to accommodate co-located antennae or facilities, or to upgrade the facilities to
current engineering, technological, or communications standards without having to
conform to the provisions of these regulations.
I. Modifications of Existing Wireless Communication Facilities That Meet the
Requirements of These Regulations.
1. Minor modifications. Minor modifications to facilities permitted under these
regulations shall be approved by the City-County Planning Board so long as they comply
with the original approved design. Minor modifications are as follows: the addition of
more antenna arrays to any existing antenna support structure, so long as the addition of
the antenna arrays add no more than twenty (20) feet in height to the facility and the
increase in height of the support structure is no greater than ten (10) percent. Placement
of additinnal antennae, up to the number the antenna support structure was originally
designed to accommodate, shall be considered a minor modification.
2. Major modifications. Major modifications to antenna support structures
permitted under these regulations shall be approved through a special review. Major
modifications are any that exceed the definition of minor modifications.
J. AbandonmenL
Wireless communications facilities will be considered abandoned if they are
unused by all providers at the facility tbr a period of six (6) motors. Determination of
abandonment shall be made by the City-County Planning Board which shall have the
right 'to request documentation from rhe facility owner regarding support or antenna
usage. Upon abandonment, the facility owner shall have ninety (90) days to:
l. re-use the facility or transfer it to another owner who will re-use it: or
2. dismantle the facility. If the facility is not removed within n/nety (90) days of
abandomnent, the City may remove the facility at the facility and/or property owner's
expense. If the facility is removed, City approval of the facility will expire.
If the facility owner is unable to remove the facility within the ninety (90) days
due to unusual circumstances, the City-County Planning Board may grant the facility
owner an additional ninety (90) days in which to comply with the requirements of this
section.
K. Special Review submittal requirements.
The applicant of new wireless communication facilities shall provide the
following documentation for review by the City-County Planning Board:
1. A map to scale showing the service area of the proposed wireless
communication facility and an explanation of the need for that facility.
2. A site/landscaping plan showing the following items:
a. North arrow.
b. The location and dimensions of all vehicular points of ingress and
egress, drives, alleys and streets.
c. Property boundaries and lot line dimensions.
d. The Iocations and dimensions of all existing and proposed buildings,
structures, and improvements including those that will be removed. All information must
be labeled.
e. Setbacks from all property boundaries for existing and proposed
structures and buildings.
f. Centerline and names of major and minor arterial streets relevant to the
application.
g. Elevation drawing of proposed wireless communication facility
including the antenna support structure, anterma platforms and associated equipment
enclosures. Also indicate the maximum number of antenna platforms that can be
supported.
h. Detailed landscaping plan of the site.
i. Location of artificial light sources and the areas of illumination.
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j. Applications for tower farms shall include items a through i and an
overall development plan showing the location of furore structures and equipment
enclosures.
k. Latitude, longitude, and height of proposed antenna support structures.
City.
1. Other pertinent features as determined by the Planning Board or the
3. Area map showing the property boundaries of adjacent property and the
location of existing buildings.
4. Inventory of existing and approved sites. Each applicant for one or more
antenna support structure shall provide to the City-County Planning Board a map
showing the locations and service area of existing and approved antenna support
structures operated or utilized by the applicant, including specific information on the
location, height, and design of each antenna support structure. The City-County Planning
Board shall maintain an inventory of existing and approved antenna support structures,
including specific information about the location, height, and design of each antenna
support structure. The City may share such information with other persons, organizations,
or governmental authorities.
5. Documentation of minimum light requirements from the FAA or other local,
state or federal agency for the antenna support structure and/or antennae. Where
applicable, applicant will provide documentation of the FAA airspace review and a copy
of comments from the FAA.
6. When the applicant is a wireless service provider, proof that the applicant is
licensed by the FCC to provide the wireless communication services that the proposed
facility is designed to support.
7. Availability of suitable existing or approved antenna support structures. No new
antenna support structure shall be permitted unless the applicant clearly
demonstrates, in writing, to the reasonable satisfaction of the City that no existing or
approved antenna support structure within the required separation distance of the
proposed site can accommodate the applicant's proposed antenna. Closer separation
distances may be approved if the applicant clearly demonstrates a critical need for the
alternative location and the infeasibility of locating or co-locating wireless
communication facility at or beyond the required separation distance. Evidence
submitted to demonstrate that no existing or approved structure can accommodate the
applicant's proposed antenna must include a discussion of the tbllowing items, if
relevant.
a. No existing or approved antenna support structures are located within
the geographic area required to meet the applicant's engineering requirements.
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b. Existing or approved antenna support structures are not of sufficient
height to meet the applicant's engineering requirements.
c. Existing or approved antenna support structures do not have sufficient
structural strength to support the applicant's proposed antenna and related equipment and
cannot be reinforced to provide sufficient structural strength.
d. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing or approved antenna support structures, or
the antenna on the existing or approved antenna support structures would cause
interference with the applicant's proposed antenna.
e. The fees or costs required to share an existing or approved antenna
support structure or to adapt an existing or approved antenna support structures for
sharing are unreasonable. Costs below new tower development are presumed reasonable.
f. Property owners or owners of existing or approved antenna support
structures are unwilling to accommodate the applicant's needs.
g. The applicant demonstrates that there are other limiting factors that
render existing or approved antenna support structures unsuitable.
8. Co-location agreement. If co-location is feasible, the owner of the antenna
support structure shall certify, prior to permit approval, that the owner will accept for co-
location any FCC licensed wireless communication provider using compatible
technology on commercially reasonable terms up to the antenna support structure's
capacity to accommodate additional antennae. The applicant shall also include a
statement on how requests for co-locaters will be processed.
9. Effect of surrounding property values. The applicant must submit information
that substantiates there wilI be no adverse effects on surrounding property values
resulting from the proposed facility.
L. Special review uses.
1. A request for a special review shall be initiated by application to the City-
County Planning Beard and handled in accordance with the special review procedure
provided in Section 17.68 of these zoning regulations. The Laurel City Council may
issue special review approval under these sections provided it has determined that the
requirements of this ordinance has been satisfied and, further, that the benefits of and
need for the proposed wireless communication facilities are greater than possible
depreciating effects and damage to neighboring properties.
2. In granting special review approval, the City Council may impose additional
conditions to the extent determined necessary to buffer or otherwise minimize adverse
effects of the proposed wireless communication facilities on surrounding properties.
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3. Expiration of special review approval.
a. If located within the one-mile zoning jurisdictional area of Laurel,
construction of the facility must be completed within one year of special review approval.
If located within the City of Laurel, a building permit must be applied for within six (6)
months of special review approval and the project shall be completed within one (1) year
from the date the special review is granted by the City Council. For the purpose of these
regulations, the term standard of construction shall be defined as the installation ora
permanent foundation for the antenna support structure. The City Council may grant one
(1) six (6) month extension of the period.to start construction upon written request by the
applicant.
b. The City Council shall not approve an extension unless the
development plan is brought into conformance with any relevant zoning regulations that
have been amended subsequent to the original approval and unless the applicant provides
adequate evidence that construction is able to begin wktfin the time period sought. This
evidence shall include, but not be limited to, the acquisition of any or all required
government approvals and project financing, the City Council may as a condition of
approval of a special review establish the period of time such special review may remain
in effect.
M. Appeals.
Appeals from any decision of the City-Connty Planning Department, not
requiring City Council approval, may be taken by any person aggrieved by the decision
to Board of Adjustment or to the City Council pursuant to Section 17.64 of these
regulations.
N. Nuisances.
Wireless communication facilities, including without limitation, power source,
ventilation, and cooling, shall not be maintained or operated in such a manner as to be a
nuisance.
Section 17.21.040 Standards for Land Mobile Radio and Radio and Television
Broadcast Antennae and Antennae Support Structures.
A. Purpose. The purpose of this section is to eslmblish regulations for the siting of
broadcast facilities, including land mobile radio services and radio and television
broadcast antennae, antenna support structures, and associated equipment and buildings
on public and private property. The goals of this section are to:
1. Encourage the location of broadcast facilities in non-residential areas and
minimize the total number of antenna support structures throughout 'the community;
15
2. Strongly encourage thejoint use of new and ex/sting broadcast antenna support
structures;
3. Require broadcast facilities to be located, to the extent possible, in areas where
the adverse impact on the community is minimal;
4. Require broadcast facilities to be configured in a way that minimizes the
adverse visual impact of antenna support structures and ante~urae; and
5. Enhance the ability of the providers of land mobile radio services and radio and
television broadcast services to provide such services to the community as quickly,
effectively, and efficiently as possible.
B. Definitions. For the purposes of this section, the terms used shall be defined as
follows:
1. AM: Amplitude-modulated broadcasting in the frequency band 535-I,705
Kilohertz.
2. Antenna/antenna support structure height: The vertical distance measured
from the base of the antenna support structure at grade to the highest point of the
structure including any attached antennae. If the support structure is on a sloped grade,
then the average between the highest and lowest grades shall be used in calculating the
antenna height.
3. Broadcast antenna: A ground-, building- or tower-mounted antenna operated
as a land mobile radio service or as a broadcast radio and/or television service as defined
by the Federal Communications Commission (FCC) under Code of Federal Regulations
and subsequent title amendments;
- Title 47, PART 90 (47 CFR § 90) - PRIVATE LAND MOBILE RADIO
SERVICES,
- Title 47, PART 73 (47 CFR § 73) - RADIO BROADCAST SERVICES, which
includes AM, FM, and Television Services, and
-Title 47, PART 74 (47 CFR § 74) - EXPERIMENTAL RADIO, AUXILIARY,
AND SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL
SERVICES.
4. Broadcast antenna support structure: Any structure or device specifically
designed, constructed, and/or erected for the purpose of attaching, mounting, or otherwise
affixing antennae. Antenna support structures may include, but are not limited to, self-
supporting lattice towers, guyed towers, or monopole towers. In this section, the term
applies to land mobile radio service and broadcast radio and television transmission
antenna support structures. The term includes the structure and any support thereto.
5. Broadcast antenna or tower farm: A tract of land that contains t~ee (3) or
more broadcast or land mobile radio service antenna support structures, any two are
I6
spaced no more than seven hundred fifty (750) linear feet of each other. Legal tracts
must be adjacent to each other to be included in this definition. The term is inclusive of
all antenna support structures, equipment enclosures, buildings, and any additions thereto.
6. Broadcast facilities An unstaffed facility for the transmission and/or
reception of radio signals for communications purposes, typically consisting ofnn
equipment building or enclosure, an antenna support structure, and one or more antennae.
This definition applies exclusively to land mobile radio fixed systems, and radio and
television broadcast transmission facilities.
7. FAA: Federal Aviation Administration.
8. FCC: Federal Communications Commission.
9. Land Mobile Radio Service (LMRS): A mobile service between base
stations and land mobile stations or between land mobile stations as defined in Title 47,
PART 90 (47 CFR § 90) - Private Land Mobile Radio Services.
C. Applicability.
All land mobile radio service and radio and television broadcast antenna and
antenna support structures located within the City of Laurel zoning jurisdiction whether
upon private or public lands shall be subject to th/s ordinance. This ordinance shall apply
to broadcast antenna and antenna support structures upon state and federal lands to the
extent oft he City's jurisdiction by way of law, pursuant to any memoranda of
understanding or otherwise.
Pre-existing land mobile radio and radio and television broadcast antenna support
structures and antennae shall not be required to meet the requirements of this
ordinance/resolution except as provided under///// Section 17.56, "Nonconforming
broadcast facilities".
D. Broadcast antenna support structures and antennae located in residential zoning
districts.
1. Land mobile radio and radio and television broadcast antenna support
structures and antennae shall be permitted as an allowed use in all residential zoning
districts provided they meet all of the following criteria:
a. Alternative broadcast antenna support structures contbrming to all applicable
provisions of this ordinance and roof-mounmd antennae that do not add more than twenty
(20) feet to the total height of the building on which it is mounted shall be permitted as an
allowed use only when located on school, government-owned utility, and other
goverrument sites. Proposed antennae or antenna support structures that are contrary, to
this section are subject to the special review requirements of Laurel's Zoning Ordinance.
After the special reviexv hearing and reaching its decision, the City-County Planning
Board shall tbrward its recommendations to the City Council for irs decision.
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b. Antermae co-located on existing or approved alternative broadcast
antenna support structures or existing or approved broadcast antenna support structures,
which have previously received all required approvals and permits shall be permitted as
an allowed use.
2. Broadcast antenna support structures and antennae shall be permitted in the
agricultural-open space (AO) zoning district provided the following conditions and ail
applicable setback, lot coverage, and building (commercial equipment enclosures) height
requirements are met:
a. Broadcast antenna support structures conforming to all applicable
provisions of this ordinance shall be permitted when:
(I) Located on school, government-owned utility, and government sites and
alternative antenna support structures or roof-mounted antenna are used. Proposed
antennae or antenna support structures that are contrary to this section are subject to the
special review requirements of Laurel's Zoning Ordinance. After the special review
hearing and reaching its decision, the City-County Planning Board shall forward its
recommendations to the City Council for its decision.
(2) Broadcast antenna support structures fifty (50) feet or less in
height.
b. Broadcast antenna support structures that are greater than fifty (50) feet
in height shall be required to obtain special review approval.
c. Broadcast antennae co-located on existing or approved alternative
broadcast antenna support structures or existing or approved broadcast antenna support
structures that have previously received all required approvals and permits shall be
permitted as an allowed use.
d. Broadcast antenna or tower farms are permitted by special review.
E. Broadcast Antenna Support Structures and Antennae Located in Commercial
Zoning Districts.
1. Broadcast antenna support structures fifty (50) feet in height or less shall be
permitted as an allowed use.
2. Broadcast antenna support structures that exceed 50 feet in height or the
maximum height limitations in the underlying commercial and industrial zoning districts
(wl'fichever is greater) are permitted by special review.
3. Broadcast antenna or tower farms are permitted by special review, except in
EntD-~vay Zone aud the CBD and HC zoning districts.
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4. All broadcast antenna support structures located in heavy industrial (HI) shall
be permitted as an allowed use, including broadcast antenna or tower farms.
5. Al1 broadcast facilities located within the boundaries of an approved or
preexisting broadcast antenna or tower farm shall be permitted as an allowed use.
F. General requirements.
The requirements set forth in this section shall govern the location and
construction of all land mobile radio service and radio and television transmission
facilities governed by this ordinance.
1. Building codes and safety standards. To ensure the structural integrity of
broadcast facilities, the owner ora facility shall ensure that it is maintained in compliance
with standards contained in applicable local building codes and the applicable standards
for such facilities.
2. Regulatory compliance. All broadcast facilities must meet current standards
and regulations of the FAA, the FCC, and other local, state or federal agencies with the
authority to regulate facilities governed by this ordinance.
3. Setbacks:
a. Broadcast antenna support structures adjacent to residential uses or
zoning. Broadcast antenna support structures must be set hack, from all property lines, a
distance equal to one-half (½) the height of the structure from any off-site residential
structure or residentially zoned lot. Accessory structures, such as equipment enclosures or
transmitter buildings, must maintain a minimum of a fifteen (I 5) foot setback from any
lot line adjacent to a residential structure or residentially zoned lot, or the required
sethack of the zoning district where the antenna support structure is located, whichever is
greater.
b. Commercial and industrial zoning setbacks: Broadcast antenna support
structures and accessory facilities must meet the minimum yard setback requirements,
including arterial setbacks, for the zoning district in which they are located.
c. Broadcast facilities in broadcast antenna or tower farms: Antenna
support structures and accessory facilities located in antenna or tower [hrms must meet
the minimum yard setback requirements, including arterial sethacks, for the zoning
district in which they are located.
4. Lot coverage and height: Broadcast antenna support structures and accessory
structures shall not exceed lot coverage requirements ~tbr the zoning district in which they
are located. Building and equipment enclosures shall not exceed the height restrictions
for the zoning district in which they are located.
19
5. Fencing and buffering.
a. Fencing. A chain Iink or solid wood fence, or masonry wall at least six
(6) feet in height (eight (8) feet if razor or barbed wire is to be used) shall be constructed
and maintained around the perimeter of the broadcast antenna support structure site.
Climb-proof shields can be substituted for a fence or wall around the structure. Solid
fences, at least six (6) feet in height are required adjacent to residences and residentially
zoned property. All AM broadcast antenna support structures must be surrounded by a
suitable fence as required by FCC regulations.
b. Landscaping adjacent to residential uses and/or residential zoning. For
broadcast facilities located in a residential zoning district, adjacent to a residential use, or
adjacent to a residentially zoned parcel, the following will be required: a continuous
evergreen hedge at least four (4) feet in height when planted, shall be planted and
maintained around the perimeter of the antenna support structure outside of the required
fencing and spaced close together to provide a continuous visual screen. Shrubs shall
also be planted and maintained around the guy anchors for visual screening purposes.
AM Broadcast stations are exempt from this requirement due to overriding FCC
regulations regarding vegetation in ground radial systems.
A performance bond or letter of credit for one hundred fifty percent (150%) of the
landscaping and fencing materials and labor costs shall be posted with the City to ensure
the placement of required landscaping and fencing.
c. Commercial landscaping. Landscaping requirements shall not apply to
broadcast antenna support structures located in Agricultural-Open Space or approved
broadcast antenna or tower farms.
d. Exceptions for Laurel Airport. If federal safety and security standards
prevent a broadcast antenna support slructure from being fenced or landscaped, items
(5)(a) and (5)(b) will not apply. Documentation of these standards must be submitted
with the special review applications.
6. Lighting. Broadcast antenna support structures shall not be artificially lighted
unless required by the FAA or other local, state, or federal agency. Security lighting may
be placed on a support structure no higher than twenty feet above ground. Cut-off
security lights must be used in or adjacent to residential areas to prevent light spillage
onto adjacent property.
7. Signage. Signage shall be limited to non-illuminated warning and equipment
identification signs unless otherwise required by the FAA and/or FCC.
8. Maintenance.
a. Equipment at a broadcast faciliW shall be automated to the ~eatest
extent possible to reduce traffic and congestion. Wl~ere the site abuts or has access to a
2O
collector or local street, access for maintenance vehicles shall be exclusively by means of
the collector or local street.
b. All property used for the siting of a broadcast anterma support
structure or antenna shall be maintained, without expense to the city and/or county, so as
to be safe, orderly, attractive, and in conformity with city and/or county codes including
those regarding the removal of weeds, trash and landscape maintenance.
9. Visual impact/aesthetics.
a. Broadcast antenna support structures shall either maintain a galvanized
steel finish or, subject to any applicable standards of the FAA or other applicable local.
state, or federal agency, be painted a neutral color or painted and/or textured to match ~he
existing structure so as to reduce visual obtrusiveness.
b. If a broadcast antenna is installed on a structure other than a tower, the
associated electrical and mechanical equipment must be of a neutral color that is identical
to, or closely compatible with, the color of the supporting structure so as to make the
related equipment as visually unobtrusive as possible. Broadcast antennae and antenna
support structures may be mounted on existing buildings that are thirty (30) feet or more
in height above the street grade.
c. Roof-mounted antennae and antenna support structures shall not add
more than twenty (20) feet to the total height of the building on which they are mounted.
Roof-mounted equipment shall be made visually unobtrusive to match existing air
conditiohing units, stair, elevator towers or other background. Crow's nest antennae
arrays are prohibited on rooftop structures.
d. Broadcast antenna or antenna support structures attached to new or
existing structures shall be designed to blend with the structure's architecture and should
be placed directly above, below or incorporated with vertical design elements of a
structure.
G. Nonconforming broadcast facilities.
Broadcast facilities in existence on the date of the adoption of these regulations,
that do not comply with the requirements of these regulations, are subject to the
following provisions:
1. Nonconforming broadcast facilities may continue their present use, but may not
be expanded without complying with these regulations, except as further provided in this
section.
2. Nonconforming broadcast antenna support structures which are hereafter
damaged and destroyed, by less than fifty (50) percent of its replacement value, due to
an)' reason or cause may be repaired and restored to their lbrmer use. location, and
2~
physical dimensions subject to obtaining a building permit and other necessary approvals
thereof, but without otherwise complying with these regulations. If a broadcast antenna
support structure is destroyed or damaged by fifty (50) percent or more of its replacement
the broadcast antenna support structure must be brought into compliance with these
regulations.
3. The owner of any nonconforming broadcast antenna support structure may
make minor modifications in order to improve the structural integrity of the structure, to
allow the structure to accommodate co-located antennae, or to upgrade the facilities to
current engineering, technological or communications standards, without having to
conform to the provisions of these regulations.
H. Modifications of Existing or Broadcast Facilities That Meet the Requirements of
These Regulations.
1. Minor modifications. Minor modifications to facilities permitted under these
regulations shall be approved by the City-County Planning Board so long as they comply
with the original approved design. Minor modifications are as follows:
a. The addition of one or more antenna arrays to any existing antenna
support structure, so long as the addition of the anterma arrays add no more than twenty
(20) feet in height to the facility and the increase in height of the support structure is no
greater than ten (10) percent.
b. Placement of additional antennae, up to the number the antenna support
structure was originally designed to accommodate, shall be considered a minor
modification.
c. Repairs to or replacement of existing antennae or feedlines or support
members (such as guy wires) are not considered modifications under this part.
2. Major modifications. Major modifications to antenna support structures
permitted under these regulations shall be approved through a special review. Major
modifications are any that exceed the definition of minor modifications.
I. Abandonment.
Broadcast facilities will be considered abandoned if they are unused by all
providers at the facility Ibr a period of six (6) months. Determination of abandonment
shall be made by the City-Comity Planning Board which shall have the right to request
documentation from the facility owner regarding support or antenna usage. Upon
abandonment, the facility owner shall have ninety (90) days to:
1. Re-use the facility or transfer it to another owner who will re-use it; or
2. Dismantle the facility. If the facility is not removed within ninety (90) days of
abandonment, the city and/or county may remove the facility at the facility and/or
property owner's expense. If the facility is removed, city and/or county approval of the
facility will expire. If the facility owner is unable to remove the facility within the ninety
(90) days due to unusual circumstances, the City-County Planning Board may grant the
facility owner an additional ninety, (90) days in which to comply with the requirements of
this section.
J. Special Review Submittal requirements.
The applicant of new broadcast facilities shall provide the following
documentation for review by the City-County Planning Board:
1. A map to scale showing the service area of the proposed broadcast facility.
2. A site/landscaping plan showing the ~bllowing items:
a. North arrow.
b. The location and dimensions of all vehicular points of ingress and
egress, drives, alleys a_nd streets.
c. Property boundaries and lot line dimensions.
d. The locations and dimensions of ail existing and proposed buildings,
structures, and improvements including those that will be removed. All information must
be labeled.
e. Setbacks from all property bounda.ries for existing and proposed
structures and buildings.
f. Centerline and names of major and minor arterial streets relevant to the
application.
g. Elevation drawing of proposed broadcast facility including the antenna
support structure, antenna platforms and associated equipment enclosures.
h. Latitude, longitude and height of proposed antenna support structures.
i. Location of artificial light sources and the areas o£ illumination.
j. Applications tbr tower farms shall include items a through h and a
general overall development plan showing the location of future structures and equipment
enclosures.
k. Detailed landscaping plan of the site when applicable.
1. Other pertinent features as determined by the City.
3. Area map showing adjoining property boundaries and the location of existing
buildings within a distance equal to the required setbacks as set forth in section F (3).
4. Documentation of minimum light requirements from the FAA or other local
state or federal agency for the antenna support structure and/or antennae. Wl~ere
applicable, applicant will provide documentation of the FAA airspace review and a copy
of the comments provided by the FAA. Where an application has been filed with the
FAA for the services proposed and decision on minimum light requirements by the FAA
is still pending, submittal of a copy of the proposed application shall be sufficient to meet
the requirements of the is paragraph.
5. When the applicant is a land mobile radio service provider, or a radio or
television broadcaster, proof must be provided that the applicant is licensed by the FCC
to provide the services that the proposed facility is designed to support or the applicant
must prove the necessary application have been filed with the FCC and/or FAA for the
services proposed, together with proof all filing fees have been paid.
K. Special review uses.
1. A request for a special review shall be initiated by application to the City-
County Planning Board and handled in accordance with the special review procedure
provided in Section 17.68 of these zoning regulations. The City of Laurel may issue
special review approval under these sections provided they have determined that the
requirements of these regulations have been satisfied.
2. In granting special review approval, the City Council may impose additional
conditions to the extent determined necessary to buffer or otherwise minimize adverse
effects of the proposed broadcast facilities on sm-rounding properties.
3. Expiration of special review approval.
a. If located within the one-mile zoning jurisdictional area of Laurel,
construction of the facility must be completed within one year of special review approval.
Within the City limits, a building permit must be applied for within six (6) months of a
special review approval and the project shall be completed within one (1) year from the
date the special review is granted by the City Council. For the purpose of these
regulations, the term standard of construction shall be defined as the installation of a
permanent foundation for the antenna support structure. The City Council may grant one
(1) six (6) month extensions of the period to start construction upon written request by
the applicant.
b. The CiW Council shall not approve an extension unless the
development plan is brought into conformance with any relevant zoning regulations that
have been amended subsequent to the original approval and unless the applicant provides
24
adequate evidence that construction is able to begin within the time period sought. This
evidence shall include, but not be limited to, the acquisition of any or all required
government approvals and project financing, the City Council may as a condition of
approval of a special review establish the period of time such special review may remain
in effect.
c. Small increases in the height of existing antenna support structures
approved by special review may be approved by the City-County Planning Board on an
administrative basis provided that the increase in the height of the antenna support
structure is ten (10) percent or less.
d. Special review approvals for broadcast antenna or tower farms shall not
expire until such time as all facilities within the boundaries of the antenna or tower farm
have been abandoned.
L. Appeals.
. . Appeals from any decision of the City-County Planning Department, not
requmng City Council approval, may be taken by any person aggrieved by the decision
to Board of Adjustment or to the City Council pursuant to Section 17.64 of these
regulations.
M. Nuisances.
Wireless communication facilities, including without limitation, power source,
ventilation, and cooling, shall not be maintained or operated in such a manner as to be a
nuisance.
ADD TO TABLES 17.16.010 AND 17.20.010 IN APPROPRIATE
ALPHABETICAL QRDER
Cell Towers (see Sections 17.21.020, 17.21.030, and 17.21.040 of this
Ordinance)
Communication Towers (see Sections 17.21.020, 17.21.030, and 17.21.040 of
this Ordinance)
Towers (see Sections 17.21.020, 17.21.030, and 17.21.040 of this Ordinance)
25