05-E Tower Ordinance OptionsAGENDA INFORMATION SHEET
SUBJECT: Consider various regulations for inclusion in a proposed ordinance regulating the siting
of telecommunications towers within the City of Paris.
BACKGROUND: The City of Paris has previously adopted an ordinance imposing a moratorium
on the siting of new telecommunications towers in the City, pending adoption of a comprehensive
regulatory ordinance. The moratorium ordinance, which has recently been extended by the City to
allow completion of the ordinance process, applies only to newly constructed towers; it does not
prohibit collocation of antenna equipment on existing towers, nor does it in any way impose
regulations on towers in Lamar County but outside the city limits of the City of Paris.
In order to prepare an ordinance which hopefully will be a reflection of the needs of the Paris
community, several existing ordinances and model ordinances were requested and received by the
Legal Department and reviewed incident to the process of ordinance preparation. The firm of Faulk
and Foster, which represents the industry, forwarded a sample tower ordinance prepared by the
Telecommunication Subcommittee of the North Central Texas Council of Governments (NCTCOG).
In addition, Faulk and Foster provided copies of regulatory ordinances which presumably are
satisfactory to the industry from the cities of Monroe, Louisiana (MO); Shreveport, Louisiana (SH);
and Hot Springs, Arkansas (HS). Finally, Faulk and Foster also referred the Legal Department to
ordinances prepared by the City of Arlington (AR) and the City of Irving (IR) as ordinances which
were prepared based on the model telecommunications ordinance which they recommended from
NCTCOG. On its own initiative, the Legal Department requested ordinances from the City of Bryan,
Texas (BRY) and Mesquite, Texas (MESQ). Finally, comprehensive model ordinances were obtained
by the Legal Department from the International Municipal Lawyers Association (IMLA) and from
the law firm ofVarnum, Ridering, Schmidt, & Howlett, a major Michigan law firm which specializes
in providing representation to many cities in many states on issues related to telecommunications
(hereinafter referred to as VR).
The various provisions of these many ordinances have been reviewed by the Legal Department, and
a proposed draft of an ordinance is under preparation. However, City Council can provide valuable
assistance to the Legal Department at this stage in the process to advise the Legal Department on
various policy issues which have already been identified during the ordinance review and preparation
process. As a consequence, City Council will be asked to provide specific guidance to the Legal
Department on these issues as summarized in this agenda information sheet.
DESCRIPTION: For purposes of the issues requested for review and action by City Council,
reference will be made to the specific ordinances above as to the source of various alternative
information. For example, one of the issues on which City Council will be asked to consider and
provide guidance is the maximum height permissible under an ordinance regulating towers. Keeping
in mind that an answer to such an issue will still be subject to further review based on information and
input we may receive from the industry, the various height limitations, if any, in the ordinances which
are referenced above will be identified by their source ordinance using the abbreviations listed above.
Page -1-
By way of further example, and considering the question of a limitation on height, the height
limitation imposed by the City of Irving is 120 feet, and this will be identified in the following
discussion as: IR- 120"'
Using this key as a guide to source information, the following issues are requested for review and
comment by the City Council:
There are a number of purposes which can be served by this proposed ordinance. The Legal
Department has attempted to compile a comprehensive list of purposes from the other
ordinances, without being repetitive. To that end, it would not appear necessary to identify
the ordinance source of these purposes, but only necessary to advise council that each of
these proposed purposes has been derived from or has comparable language in many of the
ordinances reviewed.
Please advise whether or not the following stated purposes seem consistent with or
acceptable to City Council:
"The general purpose of this ordinance is to regulate the placement, construction, and
modification of towers and telecommunications facilities in order to protect the health, safety,
and welfare of the public, while at the same time not unreasonably interfering with the
development of the competitive wireless telecommunications market place in the City. More
specifically, the purposes of this ordinance are as follows:
(a) To regulate the locations of towers and telecommunications facilities in the city;
(b) To protect residential areas, historic areas, and land uses from potential adverse
impact of towers and telecommunications facilities;
(c) To provide a range of locations for wireless telecommunication facilities in all
zoned areas of the city unless otherwise prevented;
(d) Within any zoning district wherein wireless communication facilities are
permitted, to provide clear performance standards addressing the siting of wireless
communications facilities;
(e) To minimize adverse visual impact of towers and telecommunications facilities
through careful design, siting, landscaping, and innovative camouflaging techniques;
(f) To encourage the location of wireless communications facilities on existing
structures, including utility poles, signs, water towers, buildings, and other similar
facilities where feasible;
Page -2-
(g) To promote and encourage shared use/collocation of towers and
telecommunications facilities as a primary option rather than construction of
additional such facilities;
(h) To promote and encourage utilization of technological designs that will either
eliminate or reduce the need for erection of new towers and telecommunications
facilities;
(i) To streamline and expedite permitting procedures to effect compliance with the
Federal Telecommunications Act of 1996;
(j) To enhance the ability of providers of telecommunication services to provide such
service to the community quickly, effectively, and efficiently;
(k) To avoid potential damage to property caused by towers, support structures, and
telecommunications facilities by insuring such structures are soundly and carefully
designed, constructed, modified, maintained, and removed when no longer used or are
determined to be structurally unsound, and to ensure that towers, support structures
and telecommunication facilities are compatible with surrounding land uses.
Several other ordinances from other cities not only regulate towers and tower structures, but
also ground antennas and antenna dishes. While it was not the intention of the Legal
Department to incorporate regulations regarding these kinds of structures, the Legal
Department would ask that City Council confirm the intent of this ordinance is solely to
regulate the placement of antenna arrays on tower structures or other similar
structures intended to be elevated in the air?
One consideration in determining the scope of the regulations is whether or not this ordinance
would apply to telecommunications towers erected by other governmental entities. Currently
under the law, in all likelihood the City cannot regulate towers erected by agencies of the
Federal Government or direct agencies of the State Government, other than perhaps with
regard to regulating the zoning locations where such towers can go. Similarly, regulations
on towers erected by the County (again other than perhaps for land use purposes) would not
apply. On the other hand, it is unclear as to whether or not such regulations would apply to
towers erected by independent school districts and/or colleges and universities (such as Paris
Junior College) which are state support and tax supported. Does the City Council believe
that these regulations should apply to any of the governmental entities listed herein?
The next logical issue to be considered by the City Council is where or in what zoned
areas of the City towers may be located? Consistently across the board, towers are
prohibited in all areas of cities zoned residential. This is not necessarily limited exclusively
to single family zoning; nor is this necessarily an absolute prohibition, where the
circumstances might dictate allowing a tower in such a zoned area depending on engineering
and telecommunications considerations and the actual conditions of the area in question. On
Page -3-
the other hand, and in response to an inquiry by the Legal Department, the City's Building
Official has researched the City Zoning Map and believes that the towers should be allowed
only in the following zoned areas: Heavy Industrial, Light Industrial, Commercial, and
Agricultural. This would mean that not only would towers be prohibited in areas zoned single
family residential, multi-family residential, and two-family residential, but they would also be
prohibited in areas zoned for retail use, property used by public institutions, property located
in the central area, and office use. Does the City Council believe that such towers should
be permitted as a matter of right only in the areas of heavy industrial, light industrial,
and commercial zoning? In addition, should towers be permitted in an agriculturally
zoned area with a specific use permit? If the City Council believes that towers should
be located in areas other than industrial, commercial, and agricultural, in what zoned
areas should such towers be permitted?
Several of the ordinances exempt from coverage of the ordinance amateur radio station
antennas under thirty-five (35) to seventy-five (75) feet in height used by a licensed radio
operator or which is used exclusively for receive only purposes. Does the City Council
believe this kind of antenna use should be exempted from the ordinance? See
ordinances from NCTCOG - fifty (50) feet max; VR - seventy (70) feet; IMLA - all such
towers exempted; VR - seventy (70) feet; HS - all such antennas; SH - under seventy (70)
feet; BRY - thirty-five (35) feet, with other considerations; MESQ - seventy-five (75) feet.
Most ordinances impose a maximum height standard for such towers. What maximum
height would the City Council consider appropriate? Examples of similar limitations are
NCTCOG - none; HS - one hundred fifty (150) feet; MO - two hundred sixty (260) feet; AR -
none; BR - two hundred (200) feet; BR - two hundred (200) feet; MESQ - one hundred fifty
(150) feet; IMLA - one hundred fifty (150) feet without site plan; VR - one hundred fifty
(150) feet. In addition, previous ordinances have commonly imposed limitations on how high
above existing structure (such as buildings) antenna arrays can extend when they are added
to such structure. Limitations commonly run from twenty to fifty feet above the height of the
structure to which the antenna array is being added. Should the City impose height
limitations for such additions to existing structures, and if so what limitations should
be imposed in this range?
Another consideration in developing such an ordinance is a requirement for a tower to be set
back a distance from adjoining property lines. This is different from a separation requirement
which will be discussed under a separate heading. A setback requirement addresses how far
the tower location must be sited from the closest boundary line of the tower owner's property.
Representative setbacks include a multiple of the length of the tower, such as a setback equal
to the length of the tower (SH; 75% of the length of the tower) VR. Having a setback
measurement equal to the length of the tower would effectively establish a fall zone if that
setback applies to adjacent boundary lines or the curbline of streets. Should the City
require setbacks? If so, how much?
Page -4-
10.
11.
12.
13.
14.
The various ordinances also impose what are called separation requirements. These
separation requirements include distances that the tower must be from various off-site uses.
For example, separation distances may be imposed to keep towers a certain distance from
residentially zoned property (VR - 100 to 200 feet depending on the use; IMLA - 200 feet
or 200% of the height of the tower, whichever is greater; IR - 200 feet or three to one
distance to height ratio, whichever is greater; NCTCOG - three to one distance to height ratio
from SF and one to one distance to height ratio from MF). Should the City impose a
separation requirement requiring a tower to maintain a distance of say 200 feet from
any residentially zoned property? In addition to the separation requirement related to the
distance to residential property, ordinances commonly include separation requirements in
which the towers themselves are to be located a certain distance from the next tower.
Examples of this requirement include: NCTCOG - tower in excess of 180 feet must be one
mile from another similarly sized tower; IMLA - 750 feet to 150 feet depending on the kind
of tower; VR - 750 feet to 5,000 depending on the kind of tower; AR - towers in excess of
180 feet must be located a minimum of one mile from a similar tower; IR - 5,000 feet; BR -
limits the number of towers per square mile; MESQ - 750 to 1,500 feet depending on the size
of the tower). What separation requirements should the City of Paris impose, if any,
on the distance between towers?
Each of the ordinances includes language in varying degrees intended to control the aesthetics
of the towers. Some ordinances encourage towers to be constructed in ways they are less
visible from adjacent properties, either through the color or nature of the construction. Is
aesthetics a concern to the City of Paris?
Many ordinances limit the kind of lighting that can appear on towers to only that kind of
lighting imposed by state or federal law. Should a similar limitation be included in a Paris
ordinance?
Many ordinances limit the nature or kind of signage which can be placed on such towers to
only the signage, if any, necessary to identify the tower, and all commercial signage is
prohibited. Should a similar limitation be placed on towers in the City of Paris?
Many ordinances require security fencing around the tower itself. Should the City of Paris
ordinance require security fencing?
Some ordinances (for example NCTCOG and HS) require applicants for a permit to
reimburse the city for costs incurred in hiring a special consultant for permit applications
which involve tower issues that are extremely complex. Should the City of Paris require
a similar reimbursement?
Most if not all of the ordinances require an application fee to reimburse the city the cost of
administering the ordinance and processing and reviewing applications. Should the City of
Paris similarly impose a fee?
Page -5-
15.
Collocation. Collocation is the concept whereby city ordinances encourage entities desiring
to build telecommunication towers to place their antenna equipment either on existing towers
or other existing structures suitable for such equipment, thereby avoiding the necessity for a
proliferation of towers. The following ordinances address collocation in some fashion: (VR;
IMLA; HS; AR; SH; MO; IR; NCTCOF; BR; MESQ). Is the concept of collocation
something that the City of Paris should address?
If collocation is something that should be encouraged in Paris, there are other sub-issues
which can be considered. First of all, should new towers be required to be built to
structural standards that would accommodate one or more additional antenna array,
thereby assuring future collocation? Another common requirement is to require applicants
for new permits to submit detailed information as to their attempt to consider other optional
sites and locations and to explain to the City why such optional sites or locations were not
acceptable. Should the City similarly impose a requirement for an applicant to provide
assurance to the City that it has considered other collocation sites before applying?
Some cities even include some regulatory incentives dealing with the height, siting, etc. of
towers if they are collocated on existing structures. Should the City look at similar
incentive for its new ordinances?
There are certainly other provisions which may arise as the Legal Department drafts a proposed
ordinance for City Council's consideration. Certainly it is the intention of the Legal Department to
solicit further input from the industry for any proposed ordinance, as well as from the general public.
The City Council could also consider involving the planning and zoning commission in this process.
What suggestions does the City Council have for any further direct input from various
interested groups in the proposed ordinance before a draft ordinance is presented to the City
Council for discussion?
RECOMMENDED ACTION: Direction to the Legal Department on the issues raised in this
agenda information sheet.
STAFF CONTACT: City Attorney, Larry W. Schenk; Chief Building Official, Steve Methven
COST: Not applicable.
LOCATION: Not applicable.
SCHEDULE: Consideration of these issues will allow the Legal Department to prepare a draft
ordinance for future consideration by the City Council.
COUNCIL DATE: Resolve the issues summarized in this AlS at City Council's July 9, 2001,
regular Council meeting.
Page -6-
ADDITIONAL MATERIALS: Ordinances from the cities enumerated in this AlS will be made
available for review upon request.
Page -7-