Tower Ordinance of Linn County, Iowa (Cedar Rapids area)

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.


Last modified: Sun Feb 11 14:13:10 CST 1996