APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE TWENTY – COMMUNICATION TOWERS

To enhance the public health, safety and welfare by establishing standards for the use and construction of radio or television broadcasting towers and/or apparatus; microwave transmitting and/or receiving towers and/or stations; or any tower or other similar structure 100 feet or more in height from the ground, or 40 feet in height as measured to the highest point of the tower/antenna if mounted on a structure or building; whether publicly or privately owned.

A.    The applicant shall submit a development plan in sufficient detail as determined by the Planning Department, so as to evaluate its conformance with applicable standards and guidelines.

B.    The development plan shall include:

(1)   The applicant shall provide written authorization from the property owner of the proposed tower site.

(2)   An application for tower approval shall include the submission of a site plan drawn to scale showing the property boundaries, tower, guy wire anchors and other apparatus, existing and proposed structures, proposed transmission buildings and/or other accessory uses, access roads location, access road surface material, parking area, fences, location and content of warning signs, exterior lighting specifications, a landscaping plan, land elevation contours, and existing land uses surrounding the site. 

(3)   If any accessory building is proposed details of the building, including elevations and proposed use of the building, shall be submitted with the application.

(4)   A report or written information which describes the tower height and design, including a cross-section of the structure, if applicable;

(5)   Engineering specifications detailing construction of tower, base and guy wire anchorage

(6)   Proposed painting and lighting schemes

(7)   Description of towers capacity, including the number and type of antennas that the tower can accommodate.

C.    A Use Permitted Upon Review Permit must be applied for in order to build a communication tower.  See Article 18-107 through 18-116 and Article 18-2224 through 18-2228

A.    A proposal for a new communications tower shall not be approved unless the applicant can document that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or other structure due to one or more of the following reasons:

(1)   The planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers, and existing and approved towers cannot be reinforced to accommodate the planned or equivalent equipment at a reasonable cost.

(2)   The planned equipment would cause frequency interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost.

(3)   Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively and reasonably in parity with other equipment in place or approved.

(4)   Other reasons that make it impractical to place the equipment planned by the applicant on existing and approved towers.

B.    All towers shall be designed to accommodate at least three two-way antennas for every 150 feet of tower height, or at least one two-way antenna and one microwave facility for every 150 feet of tower height.  The above requirements may be modified to provide the maximum number of compatible users within the radio frequency emission levels.

C.    The owner at the owner’s expense shall remove any tower that is not in use for a period of three years or more.  Failure to remove the tower pursuant to nonuse may result in removal and assessment of cost to the property pursuant to K.S.A. 12-6.A.17.

D.    The tower owner/operator shall submit a letter to the Planning Department by July 1 of each year listing the current users and types of antenna located on the approved tower.  A sign shall be posted on the tower or the exterior fence around the base of the tower noting the name and telephone number of the tower owner and operator.

A.    The location of a ground mounted tower must be such that it is set back at least equal to the height of the tower to the nearest property line measured from the center of the tower.  A ground mounted tower may be set back less than the tower height to the nearest property line if documentation from a registered engineer is submitted certifying that in the event of a tower failure or collapse, the fall zone of the tower will be contained within the proposed setback area.  All guy wires, similar support devices and other apparatus shall be no closer than twenty feet from any lot line.

B.    Towers may be placed on the roof of a building or on top of other structures using either of the following to determine tower height and setback:

(1)   Tower height above the roof/structure may be as high as the setback distance to the nearest roof/structure edge.

(2)   The height of a ground-mounted tower may be used for a roof/structure-mounted tower if the required setbacks for a ground tower are satisfied.

C.    Additional setbacks may be required to contain on-site substantially all icefall or debris from tower failures and/or to preserve the privacy of adjoining residential and public property. Setbacks shall apply to all tower parts including guy wire anchors, and to any accessory facilities.

D.    The height of a tower shall meet the setback requirements of this section.

E.    All towers should be located in areas zoned commercial or industrial, except that towers may be permitted in areas zoned residential if it can be demonstrated that all reasonable efforts ere made to locate the proposed tower in non-residentially zoned areas.

F.    All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.  Towers shall not be lighted except to assure human safety as required by the Federal Aviation Administration (FAA).  Towers shall be a galvanized finish or pained gray or light blue unless the FAA requires other standards.  In all cases, monopole towers shall be preferable to guyed towers or free standing structures Towers shall be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.