18.130.050 Antennas and towers requiring conditional use permits.
A. General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the city council:
1. For purposes of this section, any conditional use permit request shall require public notice pursuant to MCC 18.140.060, Public Hearing Notification.
2. If the tower or antenna does not meet the requirements of MCC 18.130.040 or does not meet the requisite dimensional requirements, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
3. Applications for conditional use permits under this chapter shall be subject to the procedures and requirements of Chapter 18.150 MCC except as specifically modified in this chapter.
4. In granting a conditional use permit, the reviewing authority may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower.
5. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Arizona-licensed professional engineer.
6. A conditional use permit issued under this chapter shall be conditioned upon verification by a licensed structural engineer that such tower or antenna is structurally sound, prior to final inspection.
B. Tower and Antenna Information Required. In addition to any information required for applications for a conditional use permit pursuant to Chapter 18.150 MCC, applicants for a conditional use permit for a tower or antenna shall submit the following information:
1. A scaled site plan clearly indicating the location, type, and height of the proposed tower or antenna, including:
a. On-site structures, land uses and zoning designation(s);
b. Adjacent structures, land uses and zoning within 20 feet of the property line (including when adjacent to other municipalities);
c. The setback distance between the proposed tower or antenna to all nearest building structures, residential uses, and commercial and industrial zoned properties as set forth in Table 18.130.050.E;
d. Adjacent roadways and proposed means of access; and
e. Required and proposed setbacks from property lines.
2. Color elevation drawings of the proposed wireless facility and associated structures as deemed by the city to be necessary to assess compliance with this chapter;
3. A photo simulation of the proposed tower and structures associated with the wireless facility as seen from adjacent right-of-way(s). The city may request additional simulations as necessary to determine the visual impact of the proposed facility;
4. The separation distance from other towers or antennas described in the inventory of existing sites submitted, pursuant to MCC 18.130.030, shall be shown on a site plan or map. The applicant shall also identify the type of construction of the existing tower(s) or antenna(s) and the owner/operator of the existing tower(s) or antenna(s), if known;
5. A description of compliance with MCC 18.130.030, General Requirements, and all applicable federal, state, county or local laws;
6. A notarized statement by the applicant as to whether construction of the tower or antenna will accommodate co-location of additional towers or antennas for future users;
7. An analysis explaining the reasons co-location is not feasible on existing towers, antennas, or other vertical structures in the vicinity, and describing the alternative technologies considered to provide similar services in lieu of a new tower or antenna;
8. A description of the feasible alternative location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is not erected;
9. A statement of compliance with applicable Federal Communications Commission (FCC) radio frequency (RF) exposure standards; and
10. Additional information may be required as deemed necessary to determine compliance with the goals of this chapter.
C. Factors Considered in Granting Conditional Use Permits for Towers or Antennas. In addition to any standards for consideration of conditional use permit applications pursuant to this chapter, the reviewing authority shall consider the following factors in determining whether to issue a conditional use permit, although the reviewing authority may waive or reduce the burden on the applicant of one or more of these criteria if it is determined that the goals of this chapter are better served thereby:
1. Height of the proposed tower or antenna;
2. Proximity of the tower or antenna to any residential structures and uses;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and vegetation;
6. Design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress; and
8. Analysis on the availability of suitable existing towers, antennas, other structures, or alternative technologies not requiring the use of towers or antennas, as discussed in subsection (D) of this section.
D. Availability of Suitable Existing Towers, Antennas, Other Structures, or Alternative Technology. No new tower or antenna shall be permitted unless the applicant demonstrates that no existing tower, antenna, structure, or alternative technology that does not require the use of towers, antennas, or structures can accommodate the applicant’s proposed tower or antenna. An applicant shall submit information requested by the city related to the availability of suitable existing towers, antennas, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, antenna, structure, or alternative technology can accommodate the applicant’s proposed tower or antenna may consist of any one or more of the following:
1. No existing towers, antennas or structures are located within the geographic area which meets applicant’s engineering requirements;
2. Existing towers, antennas or structures are not of sufficient height to meet applicant’s engineering requirements;
3. Existing towers, antennas or structures do not have sufficient structural strength to support applicant’s proposed tower or antenna and related equipment;
4. The applicant’s proposed tower or antenna would cause electromagnetic interference with the equipment on the existing towers, antennas or structures, or the existing towers, antennas or structures would cause interference with the applicant’s proposed tower or antenna;
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower, antenna or structure or to adapt an existing tower, antenna or structure for sharing are unreasonable. For this purpose, costs exceeding the construction of a new tower or antenna are presumed to be unreasonable;
6. The applicant demonstrates that there are other limiting factors that render existing towers, antennas and structures unsuitable;
7. The applicant demonstrates that an alternative technology that does not require the use of towers, antennas or structures, such as a cable microcell network using multiple low-powered transmitters or receivers attached to a wireless system, is unsuitable. For this purpose, costs of alternative technology that exceed new tower or antenna development shall be presumed to render the technology unsuitable; or
8. If the proposed location is in a residential district, that the location is necessary for the provision of personal wireless services to Maricopa residents and businesses, or their owners, customers, guests, or invitees, or other persons traveling in or about the city, based on substantial evidence that siting the facility outside of a residential district is infeasible and without the proposed facility, the operator will be unable to provide personal wireless services to its customers in the proposed coverage area, or unable to provide the capacity necessary to meet call and data volumes.
E. Minimum Setback, Separation and Maximum Height Requirements. The following height, setback, and separation standards shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the reviewing authority may reduce the standard setback, separation and height requirements if the goals of this chapter would be better served thereby:
1. Towers and antennas shall be set back a distance equal to at least 100 percent of the height of the tower or antenna from any adjoining lot line, excluding existing alternative tower structures; provided, however, that separation distances from residential uses shall be in accordance with Table 18.130.050.E, set forth below.
2. Accessory buildings must satisfy the minimum zoning district setback requirements set forth in this code.
3. Separation distances between towers and antennas shall be measured between the proposed tower or antenna and preexisting towers or antennas. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower or antenna and the proposed base, pursuant to a site plan, of the proposed tower or antenna. The separation distances (listed in linear feet) shall be as shown in Table 18.130.050.E, set forth below.
Maximum Height in All Zoning Districts | Setback from Residential Uses | Separation from Other Antennas over 50 ft. Height | |
|---|---|---|---|
Freestanding | 65 ft. | 400 ft. | 600 ft. |
Alternative/Co-Location | 10 ft. above existing structure | 300 ft. | 600 ft. |
Buildings | 15 ft. above existing structure | 150 ft. | - |
Stealth | 75 ft. | 100 percent of height to property line | - |
[Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.05.]