§ 17.16.080. Communication uses.

(Refer to zoning district land use table)

A.

Printing and Publishing. Each establishment shall be limited to five thousand square feet of gross floor area, maximum.

B.

Communications Hut.

1.

Maximum Building Size. The gross floor area shall be limited to a maximum of five hundred square feet.

2.

Height. Height shall be limited to one story.

3.

Required Setbacks. A minimum setback of thirty feet from residentially zoned property or public rights-of-way is required and is measured from the building to the property line.

4.

Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect lighting levels.

5.

Landscaping.

a.

Perimeter Landscaping. Perimeter landscaping is required around the outside of the fenced area, or for sites without fencing around the communications hut, when the communication hut is visible from residentially zoned property, public rights-of-way or on metro property used by the public, such as parks, greenways, schools and housing developments.

b.

Landscape Materials. One tree shall be preserved or planted for each one hundred feet perimeter landscaping. Trees planted to meet this requirement shall measure a minimum of two inches in caliper, and six feet in height, as applicable for the type of material specified. The remaining area within the perimeter landscape strip shall be planted with one continuous row of evergreen shrubs which shall be expected to mature at a height not greater than two and one-half feet. The remainder of the area within all perimeter strips not occupied by trees or shrubs shall be covered by organic or mineral mulches, other shrubs, groundcover plants or grassed lawns.

c.

Maintenance. Landscaping shall be maintained as outlined in Section 17.24.080.

6.

Integration into Site. The communications hut may be integrated into a larger site design with walls or other enclosures with the approval of the department of the Metropolitan Government of Nashville Davidson County that owns the property. In cases of approved site design integration, landscaping and setback requirements may be waived by the zoning administrator.

C.

Telecommunications Facility.

1.

Application requirements. An applicant for a telecommunications facility, including co-locating on an eligible support structure or adding transmission equipment to an alternative structure shall provide the codes department and the historic zoning commission, for applications within Historic Overlays and/or public rights-of-way abutting a Historic Overlay, with the following information at the time of application for the final site plan or building permit (for eligible facilities requests, it is not necessary to meet the requirements of d through g, below):

a.

A schematic site plan, including schematic landscape plan for any application where landscaping is required, and an elevation view of the type of facility to be placed on the site. The site plan shall depict where the facility is to be located on the site and where additional co-located communication equipment, shelters or vaults will be or can be placed.

b.

If the application is not for collocation, a statement justifying why collocation is not possible. Such statement shall include:

(i)

Such structure and technical information and other justifications as are necessary to document the reasons why collocation is not possible; and

(ii)

The applicant shall provide a list of all eligible support structures and alternative structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were impossible due to technical or physical alternatives.

c.

Identification of any radio frequencies that would be utilized on the telecommunications facility. If any frequency is later changed, notice of the new frequency shall be provided to the Information Technology Services (ITS) Department.

d.

The applicant shall demonstrate that through location, construction, or stealthing, the proposed facility or network of facilities will have minimum visual impact upon the appearance of adjacent properties and the views and vistas from adjacent residential neighborhoods and pedestrian environment, while retaining viable opportunities for future collocation, provided applications for designs consistent with the design guidelines provided for in subsection 5.f of this section shall be deemed to have met the requirement of this subsection.

e.

Documentation of the number of other users that can be accommodated within the design parameters of the telecommunications facility as proposed.

f.

A statement indicating the owner's commitment to allow feasible shared use of the facility within its design capacity for collocation.

g.

The proposed site plan and design plans meet or exceed all applicable standards, including without limitation those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), the National Electrical Code, and the American Steel Institute. The telecommunications facility must comply with building codes and other federal, state, and local regulations, Applicant must also comply with Section 106 of the National Historic Preservation Act of 1966.

2.

Collocation Requirements. Collocation or location on existing alternative structures is required where possible. Applicants for a new Telecommunications Facility must explore all collocation opportunities and opportunities to locate their antenna on existing alternative structures. Applicant shall utilize eligible support structures first and then alternative structures.

3.

Removal of Abandoned Telecommunication Facilities: Any telecommunication facility that is replaced with a new or updated telecommunication facility, including conduit, wire or cable, or any telecommunication facility permitted under this chapter that is not operated as a personal communication system carrier application for a continuous period of twelve months shall be considered abandoned and the owner of such telecommunication facility shall notify the Codes Department of the abandonment and remove same within ninety days. Failure to do so shall be deemed to be a violation of these regulations. The owner of the antenna or tower may appeal the decision of the department of codes administration to the board of zoning appeals, but at such hearing shall be required to show just cause why the antenna or tower should not be considered abandoned and subject to removal.

4.

Telecommunication facilities outside of the public right-of-way.

a.

Landscape Requirements: Along all residential zone districts and districts permitting residential use, screening in the form of Landscape Buffer Yard Standard A shall be applied.

(i)

The following plants are prohibited from being used in any district, to buffer a telecommunications facility, including a new microwave or cellular tower due to problems with hardiness, maintenance, or nuisance: Kudzu Vine, Purple Loosestrife, Japanese Honeysuckle, Shrub Honeysuckle, Autumn Olive, Common Privet, Tree of Heaven, Lespedeza, Garlic Mustard, Paulownia, Multiflora Rose, Siberian Elm, Silver Poplar, Mimosa, Mulberry and Silver Maple.

(ii)

The maintenance standards set forth in Section 17.24.080 shall be applicable to all required landscaping.

b.

New support structures or substantial changes to eligible support structures 150' and greater, shall be designed to accommodate a minimum of three PWSF providers. This number shall be inclusive of any emergency management communication systems.

c.

A permit for a COW is limited to thirty days, but when circumstances reasonably warrant, the permit may be renewed.

d.

Additional provisions for substantial changes to eligible support structures or placement of new telecommunications equipment on alternative structures.

(i)

New telecommunications equipment placements on alternative structures, shall be designed with screening and other stealth elements so as to minimize the visual impact from a pedestrian viewpoint within any abutting public right-of-way, excluding alleys, even after any eligible facilities request. Once said alternative structure is approved and becomes an eligible support structure, any subsequent modifications must meet established design guidelines. The maximum height of a tower shall be determined by the height standards of Chapter 17.12.

(ii)

Communication equipment or any new structure 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 or which is concealed within a building or structure so that it is architecturally indiscernible may be permitted in all zoning districts subject to building permit procedures and standards. Architecturally indiscernible shall mean that the addition or feature containing the antenna is architecturally harmonious in such aspects including but not limited to material, height, bulk, scale and design with the building or structure to which it is to be a part.

e.

Additional provisions for towers.

(i)

Setbacks. A tower shall be set back from all property lines on which the tower is located by the distance equal to the height of the lowest engineered break point on the proposed structure or the height of the tower.

(ii)

Lights. No lights shall be permitted on a tower except such lighting that is required by state or federal law.

(iii)

Height. The maximum height of a tower shall be determined by the standards of Chapter 17.12. Guy wire anchors, if used, shall be set back a minimum of five feet from all property lines.

(iv)

Final Site Plans: Final site plans for a tower shall be accompanied by a certification from a qualified structural engineer that the tower has sufficient structural integrity and equipment space to accommodate multiple users shall be required at the time of applying for a building permit.

(v)

Notification. Prior to the issuance of a zoning permit, and immediately after receiving an application for a new tower, the zoning administrator shall notify the district councilmember that an application for a new tower has been submitted. Such notification shall only be required when a tower is proposed within a residential district, a district permitting residential uses (excluding the MUI, MUI-A, ORI, ORI-A, CF, DTC, and SCR districts), or within one thousand feet of the zoning boundary line of a residential district or a district permitting residential uses. Such notification shall also be required when a telecommunications facility is within a Historic Overlay District or right-of-way abutting a Historic Overlay District. Within thirty days from the date on which the tower application was filed, the district councilmember may hold a community meeting on the proposed tower. If a meeting is held, the applicant shall attend and provide information about the tower's safety, technical necessity, visual aspects, and alternative tower sites and designs considered.

(vi)

When an application to construct a new tower is received, the department of codes administration shall consult with the district councilmember, and the councilmember may request that the applicant accommodate tornado sirens and their associated equipment to further the public interest, as well as equipment needed for First Net. The councilmember's request shall be submitted in writing to the applicant within fifteen business days from the date the application was submitted to the Department of Codes Administration, and the request shall be accompanied by a written statement from the mayor's office of emergency management that a siren is needed in the area where the tower is to be located and that the proposed tower site is suitable for a siren. The applicant shall make good faith efforts to comply with this request, provided that if such use materially increases the cost of the tower, requires utilization of land otherwise reserved for additional wireless carriers on the tower, or would otherwise delay the permitting of the proposed tower, the applicant shall not be required to consider such request. Because tornado sirens require additional tower space and have varying design qualities, applicants will be allowed a fifty percent increase in height over the otherwise applicable height limitation and will not be required to utilize camouflaged designs, but shall comply with all applicable landscaping standards set forth in this section. This subsection applies to tornado sirens only and is not applicable for other public safety tower uses.

5.

Telecommunication facilities within public rights-of-way.

a.

Support structures and above-ground transmission equipment are prohibited within the pedestrian travelway, but may be located within a grass strip/green zone or frontage zone. For substantial changes to eligible support structures or for new telecommunications use of an alternative structure, the eligible support structure or alternative structure shall be relocated outside of the pedestrian travelway and all above-ground utilities consolidated with the permit application. For eligible support structures that already have wireless telecommunications facilities on them, the structure need not be relocated unless it exceeds the zoning height limitation set in subsection 17.16.080.C.5.d., unless such structure is owned by the metropolitan government.

b.

No new telecommunication facility support structure may be erected in the public right-of-way within 500' of an existing telecommunication support structure. The term "new telecommunications facility support structure" as used in this subsection shall not include a relocation and/or replacement of a pole pursuant to Section 17.16.080.C.5.a.

c.

New telecommunication facilities or relocated telecommunication facilities pursuant to subsection 17.16.080.C.5.a. shall place all transmission equipment, excluding antennas and remote radio units, underground to the extent possible consistent with departmental regulations. To the extent transmission equipment cannot be placed underground, business justification, excluding cost, for this must be provided.

d.

New telecommunication facility support structures may not be erected to a height greater than the height surrounding utility poles or street lights, whichever is greater. If no utility poles are present, the total height shall be built to a maximum height of 35', including antennas, lightning rods or other extensions. All new proposed structures, or a stealth telecommunications support structure replacing an existing support structure or alternative structure, within the ROW shall be designed for a minimum of two PWSF providers.

e.

A permit for a COW is limited to five days, but when circumstances reasonably warrant, the permit may be renewed.

f.

Telecommunication facilities shall be constructed consistent with the design requirements of the planning Department, and, where applicable, the historic zoning commission. The design guidelines will provide greater detail, description and examples of acceptable telecommunications facilities, including visual descriptions. The requirements in this section shall be in addition to those required by Chapter 6.26 of the Metropolitan Code.

6.

Recommendations and other actions from departments of the metropolitan government. Prior to the consideration of a variance for or issuance of a permit for a telecommunication facility, the following departments of the metropolitan government shall submit recommendations or approvals to the zoning administrator that describe compliance with all applicable design guidelines or other regulations:

a.

Metropolitan Development and Housing Agency (MDHA) shall provide a recommendation within a redevelopment district and/or public rights-of-way abutting a redevelopment district,

b.

Metro historic zoning commission shall provide a preservation permit within a historic overlay,

c.

Planning commission shall provide a recommendation for property within the downtown code, a planned unit development, urban design overlay, institutional overlay, specific plan, contextual overlay, or neighborhood landmark district,

d.

The department of information technology services shall provide a recommendation on all permits, with regard to the issue of interference with metropolitan government facilities.

(Ord. BL2016-415 § 3, 2016; Ord. BL2014-747 § 3, 2014; Ord. BL2011-898 § 11, 2011; Ord. BL2009-586 § 1(Exh. A, § 32), 2010; Amdt. 1 to Ord. BL2009-462, § 1, 2009; Ord. BL2009-462, § 1, 2009; Ord. BL2003-1304 §§ 1, 2, 3, 4, 2003; Amdt. 1 with Ord. BL99-117 § 1 (part), 2000; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(F), 1997)