The purpose of this article is to ensure that residents and businesses have reliable access to wireless telecommunications networks while also protecting the health, safety, welfare, and aesthetic character of the community. The City of Sedgwick recognizes that facilitating the development of wireless service technology can be an economic development asset to the City and a benefit to residents. This chapter is intended to ensure that the placement, construction, and modification of wireless telecommunications facilities complies with all applicable Federal laws and is consistent with the City's land use policies, zoning, planning, and design standards. This chapter is intended to meet the following specific objectives:
(a) Ensure access to reliable wireless communications services throughout the City of Sedgwick.
(b) Encourage the use of existing monopoles, towers, utility poles and other structures for the collocation of telecommunications facilities.
(c) Encourage the location of new monopoles and towers in non-residential areas.
(d) Minimize the number of new monopoles and towers that would otherwise need to be constructed by providing incentives for the use of existing structures.
(e) Encourage the location of monopoles and towers in areas where adverse impact on the community will be minimal.
(f) Minimize the potential adverse effects associated with the construction of monopoles and towers through the implementation of reasonable design, landscaping and construction practices.
(Ord. 751; Code 2022)
(a) Accessory Equipment: Any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.
(b) Antenna: Any structure or device used to collect or radiate electromagnetic waves for the provision of cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas such as whips.
(c) Collocation: The act of siting telecommunications facilities in the same location on the same support structure as other telecommunications facilities. Collocation also means locating telecommunications facilities on an existing structure (for example: water tanks, towers, utility poles, etc.) without the need to construct a new support structure.
(d) Carrier on Wheels or Cell on Wheels (“COW”): A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
(e) Disguised (Stealth) Telecommunications Facility: Any telecommunications facility that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer. Examples of disguised telecommunications facilities include, but are not limited to, structures designed to resemble trees, flagpoles, or building elements.
(f) Ordinary Maintenance: Ensuring that telecommunications facilities and support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing, and modifications that maintain functional capacity, aesthetic and structure integrity (such as the strengthening of the support structure foundation or the support structure itself). Ordinary maintenance includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include minor and major modifications.
(g) Major Modifications: Improvements to existing telecommunications facilities or support structures that result in a substantial change to the facility or structure. Collocation of new telecommunications facilities on an existing support structure without replacement of the structure shall not constitute a major modification. Major modifications include, but are not limited to, increasing the height of the support structure by more than ten (10) feet or ten percent (10%), whichever is greater, and expansion of the compound area for additional accessory equipment.
(h) Minor modifications: Improvements to existing telecommunications facilities and support structures that result in some material change to the facility or support structure but of a level, quality, or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, a one-time increase in the height of the support structure by less than ten (10) feet or percent (10%), whichever is greater.
(i) Monopole: A single, freestanding pole-type structure supporting one or more antenna. For the purpose of this article, a monopole is not a tower.
(j) Replacement: Constructing a new support structure of proportions and of equal height or such other height as would be allowed under the definition of minor modification to a pre-existing support structure in order to support a telecommunications facility or to accommodate collocation, and removing the pre-existing support structure.
(k) Support Structure: A structure designed to support telecommunications facilities including, but not limited to, monopoles, towers, and other freestanding self-supporting structures.
(l) Telecommunications Facility: Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images, or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A telecommunications facility can consist of one or more antennas and accessory equipment, or one base station.
(m) Tower: A lattice-type structure, guyed or freestanding, that supports one or more antennas.
(Ord. 751; Code 2022)
(a) Co-location:
(1) Monopoles shall be subject to the following:
(A) Monopoles shall be designed to accommodate at least five (5) telecommunications providers.
(B) The compound area surrounding the monopole must be of sufficient size to accommodate accessory equipment for at least five (5) telecommunications providers.
(C) For all monopoles, the applicant shall give Harvey or Sedgwick County, whichever is applicable depending on location, the option of co-locating, for governmental use, where such co-location will not interfere with other providers. There shall be no access fee charged for said co-location.
(2) Towers shall be subject to the following:
(A) Towers shall be designed to accommodate at least five (5) telecommunications providers.
(B) A compound area surrounding the tower must be of sufficient size to accommodate accessory equipment for at least five (5) telecommunications providers.
(C) For all towers, the applicant shall give Harvey or Sedgwick County, whichever is applicable depending on location, the option of co-locating, for governmental use, where such co-location will not interfere with other providers. There shall be no access fee charged for said co-location.
(3) Disguised telecommunications facilities shall be designed to accommodate the collocation of other antennas whenever economically and technically feasible or aesthetically appropriate, as determined by the Planning Commission.
(4) Upon request of the Applicant, the Planning Commission may waive the requirement that new support structures accommodate the collocation of other service providers if it finds that collocation at the site is not essential to the public interest, that the construction of a shorter support structure with fewer antennas will promote community compatibility, or that collocation would cause interference with existing telecommunications facilities, as demonstrated by submitted technical evidence.
(b) Modifications to Existing Facilities:
(1) Minor modifications to telecommunications facilities and support structures may be permitted upon the granting of approval by the Planning Commission
(2) Major modifications to telecommunications facilities and support structures may be permitted only upon the granting of a special use permit by the Governing Body.
(c) Platting: Where the applicant is proposing a new support structure, and the underlying parent property has not been previously platted, a final plat shall be recorded with Harvey or Sedgwick County as applicable and/or approved by the Governing Body prior to the issuance of a building permit. The area to be platted shall include the land proposed to be altered to allow for the new support structure, including required setbacks and any proposed or future accessory equipment.
(d) Replacement: Replacement, as defined herein and for purposes of this article, of an existing support structure may be permitted upon the granting of administrative approval by the Planning Commission In cases where a new support structure exceeds such height as would be allowed under the definition of minor modification to a pre-existing support structure, a special use permit shall be required. Replacement of non-conforming support structures must conform to applicable requirements of City Code.
(e) Setbacks:
(1) Commercial and Industrial Zoning Districts: Unless otherwise stated herein, monopoles and towers shall be set back from all platted property lines a distance equal to fifty percent (50%) of the height of the structure measured from the base of the structure to its highest point. In addition, where monopoles and towers are located on property zoned for commercial or industrial use that is adjacent to property zoned for residential use, the monopoles and towers shall be set back from the residential property line a distance equal to the height of the structure measured from the base of the structure to its highest point. Setbacks for other structures shall be governed by the underlying zoning district.
(2) Agricultural and Residential Zoning Districts: Unless otherwise stated herein, monopoles and towers shall be set back from all platted property lines a distance equal to the height of the structure measured from the base of the structure to its highest point. Setbacks for other structures shall be governed by the underlying zoning district.
(3) Measurement: Unless otherwise stated herein, setbacks for monopoles, towers, and other support structures shall be measured from the outermost point of the structure to the platted property line.
(Ord. 751; Code 2022)
(a) Access: Paved access shall be provided to all telecommunication equipment shelters and cabinets and to all telecommunication support structures. The Planning Commission may waive this requirement if it concludes that the goals of the City are better served thereby. Paved access shall not be required when collocating telecommunications facilities on existing structures or buildings.
(b) Accessory Structures:
(1) Accessory equipment, including any buildings, cabinets, or shelters shall be used only to house equipment and other supplies in support of the operation of the telecommunication facility or support structure. Any equipment not used in direct support of such operation shall not be stored on the site.
(2) Area and height:
(A) An equipment building, shelter, or cabinet must not exceed five hundred sixty (560) square feet in area and twelve (12) feet in height.
(B) Exception to height restriction: The Planning Commission may waive the height restriction if it concludes that the goals of the City are better served thereby. The Planning Commission may also waive the height restriction where a higher support structure is needed to raise the equipment above a slope or flood plain.
(3) Buildings or shelters must be faced with materials that are compatible with surrounding development. In the case of stacked equipment buildings, additional screening/landscaping measures may be required by the Planning Commission.
(c) Color: Unless otherwise required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or the City of Sedgwick, monopoles and towers shall have a galvanized silver or grey finish.
(d) Disguised (stealth) Telecommunications Facilities:
(1) Disguised telecommunications facilities must be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.
(2) The structure utilized to support the antennas must meet the requirements of the underlying zoning district, including, but not limited to, height, setback, and use.
(e) Landscaping: In all districts the Planning Commission or City Planner shall have the authority to impose reasonable landscaping requirements surrounding accessory equipment. Required landscaping shall be maintained by the facility owner. The Planning Commission may choose to not require landscaping for sites that are not visible from the public right-of-way or adjacent property or in instances where in the judgment of the Planning Commission, landscaping is not appropriate or necessary.
(f) Lighting and Marking: Telecommunications facilities or support structures shall not be lighted or marked unless required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or the City of Sedgwick.
(g) Security and Fencing: Ground mounted accessory equipment and support structures shall be secured and enclosed with fencing not less than six (6) feet in height. Fencing shall be constructed with materials and design compatible with surrounding development.
(h) Signage: No advertising or display is permitted on any telecommunication facility or related equipment, unless required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or the City of Sedgwick.
(i) Wall and Roof Mounted Antennas:
(1) The maximum height (measured from the highest point) of any wall or roof-mounted antenna shall be fifteen (15) feet above the roofline.
(2) Wall and roof-mounted antennas shall be designed and located to minimize visual impact and shall be architecturally compatible with the building.
(Ord. 751; Code 2022)
(a) Administrative Review Process:
(1) All administrative review applications for telecommunications facilities and support structures must conform to the requirements of City Code at the time of application.
(2) All administrative review applications for telecommunications facilities and support structures must contain the following:
(A) Number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure.
(B) Elevations showing the height of proposed telecommunications facilities and all associated buildings and structures.
(C) In the case of a new support structure:
(i) Line-of-sight diagram or photo simulation, showing the proposed support structure set against the skyline and viewed from at least four (4) directions within the surrounding area.
(ii) The applicant shall provide a statement documenting why collocation cannot meet the applicant's requirements. Such statement may include such technical information and other justifications as are necessary to document the reason why collocation is not a viable option.
(iii) The applicant shall provide a list of all existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical, or financial reasons. If an existing tower or monopole is listed among the alternatives, the applicant must specifically address why the modification of such structure is not a viable option.
(iv) The applicant shall provide a statement that the proposed support structure will be made available for collocation to other service providers at commercially reasonable rates, except when the requirement to accommodate additional telecommunications providers has been waived by the Planning Commission.
(b) Special Use Permit Process
(1) All special use permit applications for telecommunications facilities and support structures must conform to the requirements of current City Code.
(2) All Special Use Permit applications for telecommunications facilities and support structures must contain the following:
(A) Number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure.
(B) Elevations showing the height of proposed telecommunications facilities and all associated buildings and structures.
(C) In the case of a new support structure:
(i) Line-of-sight diagram or photo simulation, showing the proposed support structure set against the skyline and viewed from at least four (4) directions within the surrounding area.
(ii) The applicant shall provide a statement documenting why collocation cannot meet the applicant's requirements. Such statement may include such technical information and other justifications as are necessary to document the reason why collocation is not a viable option
(iii) The applicant shall provide a list of all existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical, or financial reasons. If an existing tower or monopole is listed among the alternatives, the applicant must specifically address why the modification of such structure is not a viable option.
(iv) The applicant shall provide a statement that the proposed support structure will be made available for collocation to other service providers at commercially reasonable rates, except when the requirement to accommodate additional telecommunications providers has been waived by the Planning Commission.
(c) Agricultural Districts:
(1) Within the City's agricultural zoning districts, the following types of proposed telecommunications facilities shall require building permit approval:
(A) Collocation of telecommunications facilities on existing support structures.
(B) Telecommunications facilities on existing buildings.
(2) Within the City's agricultural zoning districts, the following types of proposed telecommunications facilities shall require administrative review approval:
(A) Disguised (stealth) telecommunications facilities.
(B) Minor modifications to existing telecommunications facilities.
(3) Within the City's agricultural zoning districts, the following types of proposed telecommunications facilities shall require special use permit approval:
(A) Major modifications to existing telecommunications facilities.
(B) New support structures of a height of one hundred fifty (150) feet or less.
(4) Within the City's agricultural zoning districts, the following types of proposed telecommunications facilities are not permitted:
(A) New support structures of a height greater than one hundred fifty (150) feet.
(d) Residential Districts:
(1) Within the City's residential zoning districts, the following types of proposed telecommunications facilities shall require building permit approval:
(A) Collocation of telecommunications facilities on existing support structures.
(2) Within the City's residential zoning districts, the following types of proposed telecommunications facilities shall require administrative review approval:
(A) Telecommunications facilities on existing buildings.
(B) Minor modifications to existing telecommunications facilities.
(3) Within the City's residential zoning districts, the following types of proposed telecommunications facilities shall require special use permit approval:
(A) Disguised (stealth) telecommunications facilities.
(B) Major modifications to existing telecommunications facilities.
(C) New support structures of a height of ninety (90) feet or less.
(4) Within the City's residential zoning districts, the following types of proposed telecommunications facilities are not permitted:
(A) New support structures of a height greater than ninety (90) feet.
(e) Mixed-Use Districts:
(1) Within the City's mixed-use zoning districts (TN, NC, PMUD), the following types of proposed telecommunications facilities shall require building permit approval:
(A) Collocation of telecommunications facilities on existing support structures.
(2) Within the City's mixed-use zoning districts (TN, NC, PMUD), the following types of proposed telecommunications facilities shall require administrative review approval:
(A) Telecommunications facilities on existing buildings.
(B) Minor modifications to existing telecommunications facilities.
(3) Within the City's mixed-use zoning districts (TN, NC, PMUD), the following types of proposed telecommunications facilities shall require special use permit approval:
(A) Disguised (stealth) telecommunications facilities.
(B) Major modifications to existing telecommunications facilities.
(f) Commercial Districts:
(1) Within the City's commercial zoning districts, the following types of proposed telecommunications facilities shall require building permit approval:
(A) Collocation of telecommunications facilities on existing support structures.
(B) Telecommunications facilities on existing buildings.
(2) Within the City's commercial zoning districts, the following types of proposed telecommunications facilities shall require administrative review approval:
(A) Disguised (stealth) telecommunications facilities.
(B) Minor modifications to existing telecommunications facilities.
(3) Within the City's commercial zoning districts, the following types of proposed telecommunications facilities shall require special use permit approval:
(A) Major modifications to existing telecommunications facilities.
(B) New support structures of a height of one hundred fifty (150) feet or less.
(4) Within the City's commercial zoning districts, the following types of proposed telecommunications facilities are not permitted:
(A) New support structures of a height greater than one hundred fifty (150) feet.
(g) Industrial Districts:
(1) Within the City's industrial zoning districts, the following types of proposed telecommunications facilities shall require building permit approval:
(A) Collocation of telecommunications facilities on existing support structures.
(B) Telecommunications facilities on existing buildings.
(2) Within the City's industrial zoning districts, the following types of proposed telecommunications facilities shall require administrative review approval:
(A) Disguised (stealth) telecommunications facilities.
(B) Minor modifications to existing telecommunications facilities.
(3) Within the City's industrial zoning districts, the following types of proposed telecommunications facilities shall require special use permit approval:
(A) Major modifications to existing telecommunications facilities.
(B) New support structures of a height of one hundred ninety-nine (199) feet or less.
(4) Within the City's industrial zoning districts, the following types of proposed telecommunications facilities are not permitted: a. New support structures of a height greater than one hundred ninety-nine (199) feet.
(Ord. 751; Code 2022)
(a) Abandonment and Removal
(1) Abandonment: Any telecommunications facility or support structure that is not operated for a period of one hundred eighty (180) consecutive days shall be considered abandoned.
(2) Removal: The owner of the telecommunications facility or support structure shall remove the facility within one hundred eighty (180) days of its abandonment. The City Administrator shall ensure and enforce removal by means of existing regulatory authority.
(b) Exemptions
(1) The following facilities are not subject to the provisions of this article:
(A) Antennas used by residential households solely for broadcast radio and television reception.
(B) Satellite antennas used solely for residential or household purposes.
(C) Carrier-on-wheels (COW) placed for a period of not more than one hundred twenty (120) days at any location within the City of Sedgwick after a declaration of an emergency or a disaster by the Governor or by the responsible official of the City of Sedgwick. In non-emergency situations, COWs or other temporary communication towers require approval of a temporary permit.
(D) Television and AM/FM radio broadcast towers and associated facilities (see Planning and Zoning Regulations, Special Uses).
(E) Facilities owned and operated by a federally-licensed amateur radio station operator.
(c) Federal Regulations: All telecommunications towers and facilities must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the State or Federal Government with the authority to regulate telecommunications facilities, towers, and antennas.
(d) Interference Requirements: All telecommunications facilities, towers, and antennas shall be installed, operated, and maintained in accordance with all applicable laws, regulations, and ordinances so as not to interfere or cause interference with existing communications including, but not limited to, radios, televisions, computers, and the City's or other public entity's emergency broadcast systems.
(e) Maintenance: Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, shall be exempt from permitting requirements.
(f) Structures in Existence on the Date of Adoption of Ordinance No. 751:
(1) Telecommunications facilities and support structures that were legally permitted on or before the date this article was enacted shall be considered a permitted and lawful use.
(2) Non-Conforming Telecommunications Facilities:
(A) Ordinary maintenance may be performed on non-conforming antennas and accessory equipment.
(B) Minor modifications to non-conforming telecommunications facilities may be permitted upon the granting of approval by the Planning Commission
(C) Major modifications to non-conforming telecommunications facilities may be permitted only upon the granting of a special use permit by the Governing Body.
(D) Notwithstanding other provisions of the Unified Development Ordinance denying modifications for non-conforming structures, minor/major modifications to telecommunication facilities and supporting structures shall be allowed for the sole purpose of collocation of facilities.
(3) Non-Conforming Support Structures:
(A) Ordinary maintenance may be performed on a non-conforming support structure.
(B) Collocation of telecommunications facilities on an existing non-conforming support structure is permitted upon the granting of approval by the Planning Commission
(C) Minor modifications may be made to non-conforming support structures to allow for collocation of telecommunications facilities. Such minor modifications shall be permitted only upon the granting of approval by the Planning Commission. Prior to the consideration of any minor modifications, the applicant shall submit a letter or signed lease agreement with a telecommunications provider indicating intent to collocate.
(D) Major modifications may be made to non-conforming support structures to allow for collocation of telecommunications facilities. Such major modifications shall be permitted only upon the granting of a special use permit granted by the Governing Body. Prior to the consideration of any major modifications, the applicant shall submit a letter or signed lease agreement with a telecommunications provider indicating intent to collocate.
(e) Replacement of a non-conforming support structure shall be considered a major modification, and shall be permitted only upon the granting of a special use permit by the Governing Body.
(Ord. 751; Code 2022)