https://codelibrary.amlegal.com/codes/pimacounty/latest/pimacounty_az/0-0-0-15840#JD_18.07.030
H. Communication towers:
1. Purpose:
a. To regulate the placement, construction and modification of communications towers and related equipment areas in order to protect the health, safety and welfare of the public in accordance with the guidelines and intent of the Telecommunications Act of 1996 and other applicable federal, state and local ordinances;
b. To minimize the total number of communication towers throughout unincorporated Pima County by maximizing the use of existing communication towers in order to reduce the number of new towers needed;
c. To maintain and preserve the existing unique attributes of community character including, but not limited to, architecture, historic and cultural features, historic development patterns, landscape, hardscape and the size, scale and spacing of buildings and other structures that define the community identity of rural and residential neighborhoods, and to preserve property values in those neighborhoods;
d. To encourage the location of communication towers in business and industrial zones and in areas of compatible uses;
e. To minimize the adverse impacts of communications towers and related equipment areas on visually sensitive areas including, but not limited, to skylines, rock outcroppings, foothills, mountain backdrops, unique vegetation, streams and natural drainageways through the careful design, siting, landscape screening and innovative camouflaging techniques utilizing current and future technologies;
f. To promote and encourage shared use or co-location of communication towers and antenna support structures;
g. To protect the aesthetic quality of neighborhoods by encouraging the siting of communication towers to minimize negative aesthetic impacts and ensure to the extent possible that communications towers and related equipment areas are compatible with surrounding land uses;
h. To allow unincorporated Pima County access to the latest in wireless techonologies by collaborating with the wireless industry in developing sound siting policy.
2. Applicability:
a. Communication towers are permitted in any zone subject to the requirements of the Pima County Zoning Code.
b. Lattice-type communication towers intended for commercial uses are not permitted within public rights-of-way.
c. Towers over two hundred fifty feet in height are permitted only in business or industrial zones and shall comply with FAA painting and lighting (over one hundred ninety-nine feet in height) standards to provide for aircraft safety.
d. New communication towers in rural and residential zones, in gateway overlay zones and within two hundred feet of a designated scenic route shall be stealth design so as to minimize or mitigate the adverse visual impact through proper design and aesthetics to ensure that the communication tower is compatible with the built environment in which it is located. Because of differing circumstances specific to each site, a communication tower that is considered to be stealth in one location may not be considered to be stealth in a different location. Methods of stealth design include, but are not limited to:
1) Design that mimics surrounding existing vegetation such as palm trees (monopalms), pine trees (monopines) and Saguaro cacti not to exceed forty feet in height. If monopalms are used in areas where palm trees are not naturally prevalent in the vicinity of the communication tower location, two palm trees shall be planted on the site. Each palm tree shall be equal to one-half of the height of the monopalm at planting but must be a species that will grow to a minimum height of thirty feet. Monopalms and monopines are not permitted in buffer overlay zones.
2) Mounting antennas on existing structures that blend with the architecture of the structure on which the antennas are located.
3) Using color schemes that make the communication tower less noticeable.
4) Using church steeples, clock towers, bell towers, roof features or other such vertical architectural elements to conceal antennas and equipment.
5) Placing antennas on new or existing street signs, outdoor lighting poles, flag poles, windmills (both functional and faux), chimneys, cupolas, silos, smokestacks and utility poles which are designed to match the context and color of the host structure.
e. Communication towers in all zones require approval of a Type III conditional use permit, except for the following:
1) A new communication tower in the CB-2, CI-1, CI-2 and CI-3 zones.
2) A new communication tower monopole in the CB-1 and CPI zones requires a Type I conditional use permit.
3) A new communication tower in the MU zone shall be permitted through the MU zone special use procedure as set forth in Section 18.37.020.
4) An antenna attached to an existing, non-residential building with a maximum height of sixteen feet (above roof line or highest point of the building), and a communication tower equipment area obscured from public view. The total height of the structure, including the antenna, shall not exceed two hundred feet.
5) A co-located, flush-mounted antenna attached to an existing utility pole, or attached to an existing, conforming structure within a public right-of-way, provided the co-located antenna does not increase the height of the existing structure more than sixteen feet. If a new communication tower equipment area is added or an existing communication tower equipment area is expanded, a Type I conditional use permit is required. Equipment placed inside a vault, or equipment placed inside an existing walled or existing screened compound (e.g. utility substation or existing, previously approved communication tower equipment area) or equipment placed in the right-of-way of a street with a designation of an arterial or collector street or higher is exempt from the conditional use permit requirement.
6) A co-located antenna attached to an existing permitted communication tower, provided the tower height is not increased and the co-located antenna does not increase the height of the tower by more then two feet. And provided that the co-located antenna does not extend from the tower a distance that is greater than that of the existing antennas, or the co-located antenna is flush mounted. If a new communication tower equipment area is added or an existing communication tower equipment area is expanded, a Type I conditional use permit is required. Equipment placed inside a vault, or equipment placed inside an existing walled or existing screened compound (e.g. utility substation or existing, previously approved communication tower equipment area) or equipment placed in the right-of-way of a street with a designation of an arterial or collector street or higher is exempt from the conditional use permit requirement.
7) A new communication tower replacing an existing communication tower or utility pole provided the new tower meets all the following conditions:
a) Replaces the existing tower or pole;
b) Is located not more than six feet from the existing tower or pole foundation, and is within the same alignment relative to property boundaries and adjacent poles;
c) Is no higher than the existing tower or is no more than sixteen feet beyond the height of the existing utility pole, not to exceed a maximum total height of two hundred feet;
d) Antenna(s) are flush-mounted or does not extend from the communication tower a distance that is greater than that of the existing antennas.
e) If a communication tower equipment area is added or expanded, a Type I conditional use permit is required. Equipment placed inside a vault, or equipment placed inside an existing walled or existing screened compound (e.g. utility substation or existing, previously approved communication tower equipment area) or equipment placed in the right-of-way of a street with a designation of an arterial or collector street or higher is exempt from the conditional use permit requirement.
8) A communication tower together with any antenna and associated communication tower equipment area used solely for internal communication purposes at a utility substation as long as the height of the communication tower was specified in the legal advertisement and public notice for any required utility substation permit hearing. The structure and its height shall be shown on the substation site plan.
9) New antennas replacing existing antennas located on a permitted communication tower or utility pole as long as no changes are being made to the existing tower or pole, the communication tower equipment area is not being expanded or added, and the replacement antennas are of the same type as the existing antennas.
10) A new communication tower fifty feet or less in height with flushed mounted antennas requires a Type I conditional use permit.
11) A new communication tower that places communication tower equipment inside a vault requires a Type I conditional use permit.
12) New antenna added to a communication tower that are not flush mounted or extend from the communication tower a distance that is greater than that of the existing antennas requires a Type I conditional use permit.
13) Any communication tower that does not qualify for exemption from the Type III conditional use permit requirement under subparagraphs 1 through 12 above and that is increased in height by less than five feet requires a Type I conditional use permit.
14) Speculative communication towers are not permitted.
15) Communication tower structures and additions that are exempt under A.R.S. Title 11 Chapter 13, Article 1.
16) A new communication tower thirty feet or less may be approved through the communication tower notice permitting process.
3. Application procedures:
a. A site plan is required for a communication tower and appurtenances and a communication tower equipment area.
b. The applicant shall submit documentation detailing that applicable Federal Communications Commission and Federal Aviation Administration regulations have been reviewed and that the regulations are being complied with or that the communication tower is exempt from regulation prior to the issuance of the building permit.
c. The applicant shall submit with the site plan before and after photo simulations showing the tower and surrounding area.
d. Prior to the issuance of a building permit, the applicant shall submit a license agreement to use the public right-of-way and approval from the department of transportation as conditions of site plan approval for any communication tower or co-located antenna and associated communication tower equipment area to be located in a public right-of-way.
e. The minimum notification area for communication towers requiring a conditional use permit hearing is one thousand feet in the IR zone.
f. For new towers the applicant shall submit a narrative explanation describing the community necessity for the new tower and resulting increase in coverage. The narrative shall list, and include a discussion of, the pros and cons of each prospective new tower site and co-location opportunity considered (along with maps showing the locations of each site) and shall state the reasons why each of the alternative sites and co-locations was not considered to be feasible. The narrative report shall be accompanied by before and after propagation maps prepared and signed by a radio frequency engineer evidencing that a gap in coverage exists and demonstrating how the proposed tower will eliminate the existing gap.
g. Applicants for a communication tower for cellular phone antennas must provide evidence in writing that at least one cellular phone provider is committed to locate on the tower.
h. Upon completion of the construction of any communication tower activity requiring a permit or right-of-way license, the applicant shall submit two sets of as-built photographs of the completed project as evidence of compliance with the provisions of the permit or right-of-way license.
4. Development standards:
a. Lattice-type communication tower and associated equipment area not within the public right-of-way:
1) Minimum site area: None.
2) Minimum lot setbacks: A distance equal to the height of the tower.
b. Monopole communication tower and associated communication tower equipment area within the public right-of-way:
1) Minimum site area: None.
2) Minimum setbacks – tower: A distance equal to the height of the tower from a residence.
c. Monopole communication tower and associated communication tower equipment area not within the public right-of-way:
1) Minimum site area: None.
2) Minimum lot setbacks – tower:
a) Adjacent to a residential zone or use, or within the IR zone: A distance equal to the height of the tower.
b) Adjacent to a non-residential zone: A minimum of fifty feet to all lot lines except internal lot lines within the boundaries of an approved development plan. Exceptions to this requirement for side and rear setbacks may be obtained through an approved modification of setback requirements request. Monopole communication towers adjacent to an industrial zone shall meet the setback requirements of the zone in which the tower is located.
3) Minimum lot setbacks – communication tower equipment area: The communication tower equipment area shall meet the setback requirements for accessory structures in the zone in which the tower is located.
d. Co-located antenna(s) attached to an existing, conforming structure including replacement poles and associated communication tower equipment area within the public right-of-way:
1) Minimum site area: None.
2) Minimum site setbacks: None.
e. An antenna(s) attached to an existing, permitted structure, including replacement poles, and associated communication tower equipment area not located within the public right-of-way:
1) Minimum site area: None.
2) Minimum lot setbacks: None.
f. Communication monopoles and lattice towers located within two hundred feet of a designated scenic route shall be stealth design, so long as this is not in conflict with FAA standards. If a new utility pole is used for the communication tower and the new utility pole replaces an existing utility pole which is one of a line of utility poles, then the color of the replacement utility pole and the new antennas shall match the color of the adjacent utility poles.
g. Towers shall be located with access to a publicly maintained road.
h. Landscaping shall be in accordance with Chapter 18.73 and shall screen the communication tower equipment area from adjacent residential uses and public streets. This requirement is not applicable within public rights-of-way.
i. Barbed wire may be used on fences and walls for security purposes in nonresidential zones if the wire is a minimum of six feet above ground level.
j. The light source of any outdoor security lighting shall not be visible from adjoining residential properties and shall be arranged to eliminate glare towards adjoining residential properties.
k. A minimum of one parking space shall be provided for each tower either within the site area or off-site if demonstrated to be safe and reliable.
5. Termination of Use.
Any tower, structure or antenna that ceases operation for a period of twelve consecutive months shall be deemed to have terminated use and shall be removed within ninety days at the property owner’s expense.
6. Communication Tower Notice Permitting Process.
a. Applicability.
New communication towers thirty feet or less may be permitted by the zoning inspector in accordance with the provisions of this subsection.
b. Application.
Applications for communication towers shall be made on forms provided by the development services department and shall include all information in Section 18.07.030(H)(3) of the Pima County Zoning Code.
c. Notice to owners of affected properties.
1) The zoning inspector shall mail notice of the application, including a site plan and photo simulation, to property owners within one thousand feet for requests in RH, GR-1, SR and SR-2 zones, and property owners within three hundred feet for all other zones.
2) The zoning inspector may waive the sending of notice to any property owner that provides written consent to the request.
d. Action by the zoning inspector.
1) The zoning inspector shall review all submitted information and provide a written response to the applicant.
2) If no protest has been received, approval may be granted and building permits may be issued for the tower in accordance with Section 18.93.050 of the Pima County Zoning Code.
3) If a written protest is received from a property owner in the notice area within fifteen days of the date of the mailing of notice the application shall be denied and the applicant shall be informed of the protest. The applicant may submit a conditional use application for the communication tower.
7. Administrative Waiver Process (A.R.S. § 11-1803(C)).
a. An applicant may apply for an administrative waiver for a small wireless facility as defined by A.R.S. § 11-1801(17). An administrative waiver may only be requested for items listed in A.R.S. § 11-1803(B)5, 6, or 7.
b. The zoning inspector will consider the purpose statement found in Section 18.07.030(H)(1) of the Pima County Zoning Code when determining whether to grant an administrative waiver.
c. For requests to waive an undergrounding requirement and allow a utility pole in the right-of-way on a scenic route under A.R.S. § 11-1803(C), the zoning inspector will permit the pole when the proposed utility pole is within twenty feet of an existing utility pole, street light or similar structure and the proposed utility pole is no higher than the existing structure that is within twenty feet.