The following is the text of the tower ordinance. This ordinance was passed by the Linn County, Iowa Board of Supervisors in June of 1995.
ORDINANCE NO. AN ORDINANCE ENACTING A NEW CHAPTER 2A OF THE LINN COUNTY CODE OF ORDINANCES, "COMMUNICATION TOWERS", ESTABLISHING STANDARDS FOR INSTALLATION, SITING AND REGULATION OF COMMUNICATION TOWERS. BE IT ORDAINED BY THE LINN COUNTY BOARD OF SUPERVISORS, as follows: Section 1. GENERAL INTENT. The general intent of these minimum standards for installation, siting and regulation of communication towers are: A. To minimize adverse visual effects of towers through careful design, siting, and vegetative screening; B. To avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structure; C. To allow for reasonable location and use for communication towers; and D. To address adverse effects on human health and safety. Section 2. DEFINITIONS. A. "Communication tower" means a structure that is used primarily as a communication antenna or as a communications antenna support structure. 1. "Broadcast/common carrier communications tower" means a tower used for communications services for commercial gain or public reception. 2. "Private business/government communications tower" means a tower used for purposes to augment or facilitate the primary function of a business or governmental agency. 3. "Non-commercial communications tower" means a tower used for purposes in which there is no commercial gain, i.e. amateur radio, Civil Air Patrol, Red Cross, etc. B. "Tower height" means the distance between the ground which the tower or tower base sits and the top of the highest appurtenance mounted on the tower. C. "Building Department" means the Linn County Building Department. D. "Building Code" means the most recently adopted or amended Linn County Building Code. E. "ANSI C-95.1" means the most recently adopted standard of the American National Standards Institute which establishes guidelines for human exposure to non-ionizing electromagnetic radiation. F. "EIA-222" means Electronics Industries Association Standard 222, 'Structural Standards for Steel Antenna Towers and Antenna Support Structures'. G. "Free standing tower" means a tower which has the tower base as the only or primary means of resisting the designed tower loads. H. "Guy supported tower" means a tower which requires the use of flexible guying cables or wires as the only or principle means of resisting the designed tower loads. I. "Effective tower height" means the distance from the highest point of rigid, non-guyed support to the top of the highest appurtenance mounted on the tower. J. "FCC" means the Federal Communications Commission. K. "FAA" means the Federal Aviation Administration. L. "Retractable tower" means a tower whose height can be changed by extension or retraction without structural modification. Tower height of a retractable tower shall be determined in the extended position. Section 3. Regulation of Towers between 35 and 80 feet in height. A. Registration All owners or operators of towers between, 35 and 80 feet in height shall register their towers with the Linn County Planning and Zoning Department within 120 days of publication of this ordinance. Registration shall include the following information: 1. Name and address of the tower owner; 2. Name and address of the tower operator; 3. Name, address, phone number and title of primary contact person; 4. Address and short legal description of the tower location; 5. Principal use of the tower; 6. Tower height; 7. A list of appurtenances mounted on the tower including model numbers, if available, and their location on the tower, or a drawing indicating location; 8. Site plan which clearly delineates distance to adjoining property line from the base of the tower; 9. Date of the last inspection of the tower; 10. Date the tower was originally erected. B. Application A building permit and conditional use permit (if applicable) shall be obtained prior to construction of communications towers. Towers shall be registered at the time the permit is obtained. Each application for a permit shall include the following information, supplied by the tower owner, operator, or contractor installing the tower. 1. A site plan prepared by the owner or his/her representative drawn to a scale of one inch (1") equals fifty feet (50') unless a different scale is approved by the Building Department. The plan shall show the property boundaries, tower(s), guy wire anchors (if any), existing structures, proposed transmission buildings and/or other accessory uses, access, parking, fences, landscape plan. (specifying size, spacing and plant materials proposed), and existing land uses adjoining the site. 2. Towers shall be subject to all applicable County codes. 3. Plans and specifications for the tower design as specified by the tower manufacturer or as approved by a registered professional engineer experienced in the design and/or analysis of communication towers shall be submitted to the Building Department by the tower owner, operator, or contractor installing the tower. C. Site and Structure Requirements 1. The site of the base of any tower shall meet the minimum setback requirements for a principal structure. 2. Guy anchor installations shall comply with the front and, where applicable, corner side yard setback requirements and shall not be placed closer than three (3) feet from any side or rear property line or closer than ten (10) feet from any principal structure. 3. Towers and/or guy anchors may be attached to principal or accessory buildings in accordance with the Building Code. 4. No guy anchors or towers shall be located in an easement located on the property. No tower accessories or appurtenances shall defeat the purpose of any easement on the property. D. Tower Inspection The following requirements apply to tower(s) sited where the distance from the base of the tower to any adjoining property line is less than 100% of the tower height. 1. Towers shall be inspected at least once every thirty-six (36) months by the owner or his/her representative. 2. A checklist provided by the Building Department, based upon applicable EIA-222 standards, shall be used for each tower inspection. 3. Inspection records shall be kept by the tower owner and made available upon request to the Building Department during regular business hours. 4. The Building Department, may at its discretion or by complaint, inspect any tower within its jurisdiction. Section 4. Regulation of Towers between 80 and 200 feet in height. A. Registration All owners or operators of towers between 80 and 200 feet in height shall register their towers with the Linn County Planning and Zoning Department within 120 days of publication of this ordinance. Registration shall include the following information: 1. Name and address of the tower owner; 2. Name and address of the tower operator; 3. Name, address, phone number and title of primary contact person; 4. Address and short legal description of the tower location; 5. Principal use of the tower; 6. Tower height; 7. A list of appurtenances mounted on the tower including model numbers, if available, and their location on the tower, or a drawing indicating location; 8. Site plan which clearly delineates distance to adjoining property line from the base of the tower; 9. Date of the last inspection of the tower; 10. Date the tower was originally erected. B. Application A building permit and conditional use permit (if applicable) shall be obtained prior to construction of communications towers. Towers shall be registered at the time the permit is obtained. Each application for a permit shall include the following information, supplied by the tower owner, operator, or contractor installing the tower. 1. A site plan prepared by the owner or his/her representative drawn to a scale of 1" equals 50' unless a different scale is required by the Building Department. The plan shall show the property boundaries, tower(s), guy wire anchors (if any), existing structures, proposed transmission buildings and/or other accessory uses, access, parking, fences, landscape plan (specifying size, spacing and plant materials proposed), and existing land uses adjoining the site. 2. Towers shall be subject to all applicable County codes. 3. Plans and specifications for the tower design as specified by the tower manufacturer or as approved by a registered professional engineer experienced in the design and/or analysis of communication towers shall be submitted to the Building Department by the tower owner, operator, or contractor installing the tower. C. Site and Structure Requirements 1. The site of the base of any tower shall meet the minimum setback requirements for a principal structure. 2. Guy anchor installations shall comply with the front and, where applicable, corner side yard setback requirements and shall not be placed closer than three (3) feet from any side or rear property line or closer than ten (10) feet from any principal structure. 3. Free standing towers shall be located so that the distance from the base of the tower to any adjoining property line is a minimum of one hundred percent (100%) of the proposed effective tower height. 4. Guy supported towers shall be located so that the distance from the base of the tower to any adjoining property line is a minimum of seventy percent (70%) of the effective tower height from its base. 5. Towers and/or guy anchors may be attached to principal or accessory buildings in accordance with the Building Code. 6. No guy anchors or towers shall be located in an easement located in an easement located on the property. No tower accessories or appurtenances shall defeat the purpose of any easement on the property. 7. Part or all of the property required to meet the area requirements set forth in paragraphs 3 and 4 of this subsection can be provided by a recorded lease and/or easement, however the following additional requirements shall apply: a. The lease and/or easement must be for the duration commensurate with the structural life and use expectancy of the tower. b. The tower owner has primary authority and responsibility for the property/tower for compliance to this ordinance. c. Dwelling units shall not be built in areas set forth in paragraphs 3 and 4 of this subsection obtained by lease and/or easement. For purposes of this subsection lease does not mean the renting of residential property. D. Tower Inspection The following requirements apply to tower(s) sited where the distance from the base of the tower to any adjoining property line is less than one hundred percent (100%) of the tower height. 1. Towers shall be inspected at least once every thirty-six (36) months by the owner or his/her representative. 2. A checklist provided by the Building Department, based upon applicable EIA-222 standards, shall be used for each tower inspection. 3. Inspection records shall be kept by the tower owner and made available upon request to the Building Department during regular business hours. 4. The Building Department may, at its discretion or by complaint, inspect any tower within its jurisdiction. Section 5. Regulation of Towers in excess of 200 feet in height. A. Registration All owners or operators of towers 200 feet or taller shall register their towers with the Linn County Planning and Zoning Department within 120 days of publication of this ordinance. Registration shall include the following information: 1. Name and address of the tower owner; 2. Name and address of the tower operator; 3. Name, address, phone number and title of primary contact person; 4. Address and short legal description of tower location; 5. Principal use of the tower; 6. Tower(s) height; 7. List of appurtenances mounted on the tower including model numbers, if available, and their location on the tower, or a drawing indicating location; 8. Site plan; 9. Date of last inspection; 10. Date the tower was originally erected. B. Application A building permit and conditional use permit (if applicable) shall be obtained prior to construction of communications towers. Towers shall be registered at the time the permit is obtained. Each application for a permit shall include the following information, supplied by the tower owner, operator, or contractor installing the tower: 1. A site plan, professionally prepared, drawn to a scale of one inch (1") equals fifty feet (50') unless a different scale is approved by the Building Department Official. The plan shall show the property boundaries, tower(s), guy wire anchors (if any), existing structures, proposed transmission buildings and/or other accessory uses, access, parking, fences, landscape plan (specifying i. e., spacing and plant materials proposed), and existing land uses adjoining the site. 2. Plans and Specifications from a registered professional engineer experienced in the design and/or analysis of communication towers. The Plans and Specifications shall include: a. Tower height; b. Type of structure; c. Type of materials; d. Specification for materials used for structural elements of the tower(s); e. Name of tower manufacturer; f. Soils investigation (where required for footing design); g. List of the type and location of all antennas, cables and other appurtenances which will be installed at the time the tower is erected; h. List of the type and location of all antennas, cables and other appurtenances which may or could be installed in the future. 3. The Plans and Specifications shall include a statement that to the best of the engineer's knowledge, information, and belief, the proposed structure has been designed in accordance with all of the following: a. The current Linn County Building Code; b. Applicable ordinances as adopted by Linn County; c. The current version of EIA-222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures"; 4. A written statement certifying that all FAA and FCC requirements will be met or addressed. 5. The tower owner shall supply a report stating that the tower has been constructed and installed according to the design submitted to obtain the building permit. This report shall be accompanied by "as-built" drawings and test results and submitted to the Building Department. C. Site and Structure Requirements 1. Guy anchor installations shall comply with the front and, where applicable, corner side yard setback requirements and shall not be placed closer than three (3) feet from any side or rear property line or closer than ten (10) feet from any principal structure. 2. Free standing towers shall be located on the lot so that the distance from the base of the tower to any adjoining property line is a minimum of 100 percent of the proposed tower height. 3. Guy supported towers shall be located so that the distance from the base of the tower to any adjoining property line is a minimum of seventy percent (70%) of the effective tower height from its base. 4. No guy anchors or towers shall be located in an easement located in an easement located on the property. No tower accessories or appurtenances shall defeat the purpose of any easement on the property. 5. Accessory structures or buildings shall be located on the property according to the setback and structure requirements of the zoning district in which they are located. 6. Part or all of the property required to meet the area requirements set forth in paragraphs 2 and 3 of this subsection can be provided by recorded lease and/or easement, however the following additional requirements shall apply: a. The lease and/or easement must be for the duration commensurate with the structural life and use expectancy of the tower. b. The tower owner has primary authority and responsibility for the property/tower for compliance to this ordinance. c. Dwelling units shall not be built within the area set forth in paragraphs 2 and 3 of this subsection. D. Tower Inspection Inspection records shall be kept by the tower owner and made available upon request to the Building Department during regular business hours. 1. At least once every thirty-six (36) months the tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communication towers. At a minimum, this inspection shall be conducted in accordance with the provisions of this ordinance and in accordance with the tower inspection check list provided in the EIA-222 as applicable. This is considered a major inspection. 2. At least once every twelve (12) months a visual inspection from the ground shall be conducted by properly trained staff members or tower consultants. This inspection shall include, but not be limited to, visual inspection of tower foundations, structures, guys, and connections for evidence of settlement or lateral movement; soil erosion; condition of paint or galvanizing; rust or corrosion, loose or missing bolts, loose or corroded lightning protection connectors; tower plumbness; significant variation in guy sags (i.e. guy tensions), and other material areas or matters relating to the structural integrity of the tower. This is considered a minor inspection. 3. In addition to the regularly scheduled major and minor inspections set forth in paragraphs 1 and 2 above, a minor inspection, at a minimum, will be conducted if the tower or its appurtenances are noted at any time to be visibly damaged. Additionally a major inspection should be conducted if the visible damage to the tower is significant or when, after conducting a minor inspection, significant questions remain about the structural integrity of the tower. E. Screening/Fencing/Signage 1. On site vegetation shall be preserved to the maximum extent practical. 2. Where the site abuts residentially developed land, residential zoning districts, public land or streets, or is located in a primary residential development area as designated on the Linn County Land Use Map, the site perimeter shall be landscaped with at least one row of deciduous trees, not less than 1 1/2 inches in diameter measured three feet above the grade, spaced not more than 20 feet apart and within 25 feet of the site boundary, as well as at least one row of evergreen trees or shrubs, at least four feet high when planted and spaced not more than 15 feet apart and within 40 feet of the site boundary. Alternatives such as walls or fences may be permitted by the Linn County Board of Adjustment based on security or other reasons. 3. Eight (8) feet high security fencing, with barbed wire shall be required around the base and guy anchors of the tower. 4. Appropriate signage shall be posted indicating that trespassing and/or vandalism to the property may be punishable under local, state, or federal statutes. Section 6. Structurally Unsafe or Unused Towers. A. Any tower found, through inspection by the owner or by inspection of the Building Department, to be structurally unsafe and cannot be brought into compliance within 180 days must be removed at the owner's expense. B. Any tower that is no longer used and maintained as a tower for a period of five (5) years shall be removed at the owner's expense. Section 7. Compliance with Standards. Current or former EIA standards shall apply to the addition of antennas or other appurtenances to communications towers under the following conditions: A. Additions to tower constructed prior to the effective date of this ordinance regardless of whether the additions were accounted for in the original design, shall comply with the current EIA standards, and the wind loading specified therein. Additions to towers constructed subsequent to the effective date of this ordinance shall comply with standards set forth in Section 9. If the EIA standards have changed since the tower was designed, a structural analysis must be performed before any appurtenances or equipment are added. B. Existing towers which will not have any appurtenances added to them shall at a minimum comply with the EIA standards in existence at the time the tower was erected. C. Replacement of antennas or other appurtenances shall at a minimum comply with the EIA standard in existence at the time the tower was erected if the replacement does not add to the original design loading. D. If a structural analysis shows a tower is not in compliance with the appropriate EIA standards, the owner shall notify the Building Department promptly, and provide the Building Department with a plan to bring the tower into compliance within six (6) months. E. The Building Department shall be notified in writing when a required analysis is complete. A copy of the analysis report shall be made available to the County upon request. That report shall also give details of the net result of any changes made to the tower or its appurtenances since the last inspection. F. Retractable towers shall conform to all provisions of this Ordinance, except that a retractable tower must either meet the EIA-222 standards for wind loading when extended or be sited a distance of at least 100% of the extended tower height from any adjoining property line. For either case, the retractable tower must meet EIA-222 standards when retracted. Section 8. Fees. The Linn County Board of Supervisors shall, from time to time, establish by resolution fees for the registration, processing, and permitting of communication towers. No application shall be considered filed with the County unless and until said application is accompanied by the fee, as established by resolution. Section 9. Analysis of Existing Towers. Within twelve (12) months of the effective date of this ordinance an analysis shall be performed on all towers in excess of 200 feet in height. This analysis shall determine the tower's compliance or lack thereof with the EIA standards in effect at the time the tower was constructed or when the most recent structural loading change was made. The tower owner shall, within thirty (30) days of completion of the analysis or the passage of this Ordinance, provide the Building Department with a letter from a registered professional engineer stating the current structural status of the tower. If the tower does not meet the aforementioned EIA standards, the letter shall indicate what would be required to bring the tower up to standard. Section 10. Non-lonizing Electromagnetic Radiation (NIER). A source of non-ionizing electromagnetic radiation (NIER), when combined with existing sources of NIER, shall not expose the general public to ambient radiation exceeding standards established by ANSI C-95.1 or applicable Environmental Protection Agency regulations. Section 11 . Lighting. No permanent lighting is allowed on towers except as required by the FCC or the FAA. Section 12. Interference. Any signal interference complaints associated with communications towers or related equipment shall be addressed in accordance with FCC rules and procedures. Section 13. Appeals. Appeals of order, decisions or determinations relative to site and structure requirements, screening, fencing and signage requirements of this Ordinance shall be heard and decided by the Linn County Zoning Board of Adjustment as established and authorized in Section 1.25 of the Linn County Zoning Ordinance. All other appeals of order, decision or determination of this Ordinance relative to the applications and interpretations of this ordinance shall be heard and decided by the Linn County Building Board of Appeals as established and authorized in Section 3.2(2) (replacing UBC Section 204(a)), Linn County Code of Ordinances. Section 14. Violations. Violations of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of conditional uses or variances) shall be enforced in accordance with Chapter 19, Linn County Code of Ordinances.