Current City of Tucson WTF Muni Code

~ Link to Definition

Wireless Communications Provider : The entity that provides the wireless communication service.

(Am. Ord. 11508, 12/5/2017)

Note: this Muni Code Doesn’t specify when it was last updated . . . best guess is Dec 2017

Chapter I. Communications (source)

Limited to a radio or television station, provided the buildings do not occupy more than 30% of the site and are set back at least 50 feet from any adjoining C-1 or more restrictive zoned property.
Provider ’s Communication Plan. Each wireless communication provider shall provide a plan of its facilities to the City prior to any application for the installation of a tower or antennas . The plan shall cover the entire City and within three miles of the City limits. The plan shall include the following.
- a. All of the provider ’s existing towers and antennas , by size and type, and their coverage areas.
- b. All presently anticipated future service areas and the types of antennas and heights desired for each of the service areas .
- c. The various types of antennas and towers used by the provider to furnish service and when they are used. This includes drawings providing the sizes and shapes of the antennas and equipment and written materials describing their application.
- d. The provider ’s policy direction for the mitigation and/or reduction of existing and proposed towers and antennas to avoid the negative proliferation of such facilities.
- e. The provider ’s policy direction on the mitigation and/or the reduction of the negative visual impact created by existing or proposed towers and antennas , including any proposals to conceal or disguise such facilities designed to be architecturally and/or environmentally compatible with their surroundings.
- f. The provider ’s policy direction on collocation of antennas on their own facilities or on ones from other providers or on other structures that provide the verticality required for the antennas . The policy shall also provide that the provider shall not enforce any requirement by an owner of property that would prohibit collocation .
- g. Designation of an agent of the provider who is authorized to receive communications and notices pursuant to this section.
General. The following shall be applicable to all wireless communication requests.
- a. Noninterference with Public Safety. No wireless communication transmitter, receptor, or other facility shall interfere with police, fire, and emergency public safety communications. The Director of Operations for the City is authorized to determine whether any transmitter, receptor, or other facility has interfered with public safety communications or is reasonably believed to be an imminent threat to public safety communications. Upon making that determination, the Director of Operations shall notify the Zoning Administrator and the provider responsible for that facility. The Zoning Administrator may obtain a temporary restraining order from the City Court with or without notice to enforce this section, provided a hearing is scheduled within five days of the Court’s order.
- b. All applications for towers / antennas will be reviewed by the Communications Division of the City of Tucson Operations Department and any other appropriate public safety department to ensure that the proposed installation of the towers / antennas will not interfere with any public safety communications or operations of the City . All applications shall include a certification by a registered or electrical engineer that each proposed antenna or tower will be in compliance with all standards established by the Federal Environmental Protection Agency and Federal Communications Commission (FCC) regarding potential health and safety hazards. Submittal of information and review of the application by the Department of Operations shall be in accordance with all applicable standards.
- c. Any antenna or tower for which the use is discontinued for six months or more shall be removed, and the property shall be restored to its condition prior to the location of the antenna or tower , all at the expense of the provider . The City may require financial assurances to ensure compliance with this provision.
- d. No new towers shall be permitted within 400 feet of a designated Scenic Route or Gateway Route ; within a designated Historic Preservation Zone (HPZ) or Environmental Resource Zone (ERZ); or on a protected peak or ridge as identified in a Hillside Development Zone (HDZ) except as follows:
  - (1) Communication towers and antennas shall be permitted on a protected peak or ridge that was used for such facilities prior to March 3, 1997, provided any new antennas and towers do not increase the area already disturbed and the placement of any new towers in such areas is approved as a special exception in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure.
  - (2) New antennas may be permitted under Section 4.9.4.I.4 and.5 if they also comply with the purposes and review procedures of the overlay zone.
  - (3) New communication towers may be permitted on Gateway Routes in exceptional circumstances, provided there is no alternative and the placement is approved in accordance with Section 3.5.3, Zoning Examiner Legislative Procedure.
- e. The dimensional provisions of Article 6 as applicable to towers and antennas shall be superseded by the provisions of Section 4.9.4.I.5 and by the height and setback provisions of Section 4.9.4.I.5, .6, and .7.
- f. All proposed wireless communication towers and antennas shall be in compliance with all Federal Communications Commission (FCC) regulations, including those protecting the public health and those protecting historic districts.
- g. Submittal Requirements. The following information is to be submitted with each application for the installation of a tower or antenna .
  - (1) An updated provider ’s Communication Plan, including any proposed changes in the service areas , antennas , towers , or policy direction;
  - (2) The proposed antennas /tower location, the type of antennas /tower , and the proposed service area ;
  - (3) A statement of compliance with FCC requirements and specifically the areas listed in Section 3.5.4.20.C.6.;
  - (4) If the proposed installation involves a new tower , then the following information is required.
    - (a) The searched area for the proposed location;
    - (b) All existing structures , buildings , towers , etc., of greater than 20 feet in height located within the searched area; and,
    - (c) A report on why collocation within the search area is not a viable alternative.
  - (5) Any technological or engineering requirements which effect or limit the location, height, or construction of the proposed tower / antennas should be included in reports.
The following requires approval in accordance with Section 3.3.3, PDSD Director Approval Procedure. The PDSD Director may forward the request to the Design Review Board (DRB) for design review and recommendation.
- a. Wireless communication antennas , provided:
  - (1) The antennas are mounted on the wall or roof of a building , or concealed within an architectural or structural element of the building , not exceeding the permitted height of the building ;
  - (2) The antennas and tower , or architectural or structural element, are architecturally and/or environmentally compatible with the building and general area; and,
  - (3) Wall or roof mounted antennas are limited to six feet above the building , or to 15 feet if the antennas are mounted on top of the roof, the building is 40 feet high or taller, and no more than six feet of the antennas can be seen from any point on the street which is a distance from the building equal to the height of the building .
- b. Wireless communication antennas , provided:
  - (1) The antennas are mounted on an existing structure within public right-of-way or public property;
  - (2) The antennas are architecturally and/or environmentally compatible with the structure and general area;
  - (3) The existing structure may be extended up to ten feet in height to allow for the placement and architectural treatment of the new antennas ; and,
  - (4) The new antennas do not substantially increase the visual mass of the existing facility.
The following requires approval in accordance with Section 3.3.4, 100′ Notice Procedure. The PDSD Director shall forward the request to the Design Review Board (DRB) for design review and recommendation.
- a. Wireless communication antennas , provided:
  - (1) The antennas are mounted on or within a new tower or structure in a manner that conceals or disguises the antennas or new tower . For purposes of this subsection, painting may be a method of concealing or disguising a tower ;
  - (2) The tower , antennas , and structure are architecturally and/or environmentally compatible with the surrounding structure(s) and general area;
  - (3) A new tower is set back at least two times the height of the towerstructure from the boundary of any other property zoned residential or office; and,
  - (4) The tower and antennas are 50 feet or less in height.
- b. Wireless communication antennas , provided:
  - (1) The antennas are collocated on an existing wireless communication tower ;
  - (2) The antennas and tower are architecturally and/or environmentally compatible with the surrounding structure(s) and general area;
  - (3) The existing tower is set back at least the height of the towerstructure from the boundary of any other property zoned residential or office;
  - (4) The existing tower may be replaced and/or extended up to six feet in height to allow for the placement and architectural treatment of the new antennas ; and,
  - (5) The maximum extension of the new antennas and associated attachments shall not exceed 36 inches as measured perpendicular to the tower at the point of attachment.
- c. Wireless communication antennas , provided:
  - (1) The antennas are mounted on a new tower or an existing structure in a manner that is designed or painted so as to minimize their visual impact;
  - (2) The tower and antenna are architecturally and/or environmentally compatible with the existing structures and general area;
  - (3) The tower is set back a minimum of 500 feet from nonindustrially zoned property except where the nonindustrially zoned property is used as an interstate highway or railroad; and,
    - (4) The tower and antennas are 80 feet or less in height.
The following requires approval as a special exception in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure. The Zoning Examiner may forward the request to the Design Review Board (DRB) for design review and recommendation.
- a. Wireless communication antennas , provided:
  - (1) The antennas are mounted on a new tower and the tower and antennas are concealed or disguised, or the antennas are collocated on an existing structure;
  - (2) The tower and antennas are architecturally and/or environmentally compatible with the surrounding structure(s) and general area;
  - (3) A new tower is set back at least two times the height of the structure from the boundary of any property zoned residential or office; and,
  - (4) The tower and antennas are 50 feet or less in height.
- b. Wireless communication antennas , provided:
  - (1) The antennas are mounted on a new tower and the tower and antennas are concealed or disguised, or the antennas are collocated on an existing structure;
  - (2) The tower and antennas are architecturally and/or environmentally compatible with the surrounding structure(s) and general area;
  - (3) A new tower is set back at least two times the height of the structure from the boundary of any property zoned residential or office; and,
  - (4) The tower and antennas are 80 feet or less in height.
The following requires approval as a special exception in accordance with Section 3.4.4, Mayor and Council Special Exception Procedure. The Mayor and Council may forward the request to the Design Review Board (DRB) for design review and recommendation.
- a. Wireless communication antennas , provided:
  - (1) The tower or antennas are not permitted by other provisions of this section;
  - (2) New towers require a minimum separation of one mile from any existing tower , regardless of ownership, unless documentation establishes that no practical alternative exists;
  - (3) All appropriate measures shall be taken to conceal or disguise the tower and antenna from external view;
  - (4) All appropriate measures shall be taken to reduce the negative proliferation of visible towers and antennas by the collocation of new antennas on existing towers or with the facilities of other providers that are located or planned for development within the proposed service area ; and,
  - (5) Notice shall be provided to all agents designated, in accordance with Section 4.9.4.I.2.g, at least 15 days prior to the date of the public hearing before the Zoning Examiner.