WHEREAS, radio/TV/satellite/cellular/personal communication towers are necessary for residents, visitors, businesses, emergency personnel, government, and non-governmental entities to communicate, transmit, broadcast, page, radio, and otherwise communicate within and outside the Metropolitan Government of Nashville and Davidson County;

WHEREAS, certain zoning districts because of their low intensity or the land uses permitted within them require sensitive planning in the location and construction of radio/TV/satellite/ cellular/personal communication towers;

WHEREAS, the co-location of radio/TV/satellite/cellular/personal communication towers is strongly encouraged to minimize adverse visual impacts on the community and to reduce the total number of towers constructed within the Metropolitan Government of Nashville and Davidson County; and,

WHEREAS, it is desirable for the Department of Codes Administration to notify the district councilmember of a pending application to construct a radio/TV/satellite/cellular/ personal communication tower, and should the district councilmember so choose, to hold a community meeting on the application with the applicant present to discuss the tower.

NOW, THEREFORE, BE IT ENACTED BY THE COUNTY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. By amending Section 17.16.080.B, “Communication Uses: Radio/TV/Satellite Tower” by modifying the following:

1.The applicant shall demonstrate that existing towers, buildings, or structures within the proposed service area cannot accommodate the equipment planned to be located on the proposed tower. Factors to be considered by the board of zoning appeals in evaluating the practicality of siting the proposed equipment on existing or approved towers shall include structural capacity, radio interference and geographic service area requirements.

2. Height. The maximum height of radio/TV/satellite towers shall be determined by the height control provisions of Chapter 17.12. Guy wire anchors, if used, shall be setback set back a minimum of five feet from all property lines. Where a proposed tower cannot comply with the maximum height provisions, the applicant shall be required to apply for a special exception permit per Section 17.16.180.A. The board of zoning appeals shall determine the maximum height of a radio/TV/satellite tower facility based on all engineering concerns having been addressed to the board’s satisfaction, and that the proposed facility shall not be detrimental to surrounding properties.

SECTION 2. By amending Section 17.16.080.B, “Communication Uses: Radio/TV/Satellite Tower” by adding the following:

3. Notification. Prior to the issuance of a zoning permit, and immediately after receiving an application for a new tower, the Zoning Administrator or, if applicable, the executive director of the planning department 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, ORI, CF, CC and SCR districts), or within 1,000 feet of the zoning boundary line of a residential district or a district permitting residential uses. Within 30 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.

SECTION 3. By amending Section 17.16.080.C, “Communication Uses: Telephone Service” by adding the following new paragraph as paragraph “1” and renumbering paragraphs “1”, “2”, “3”, and “4” to read “2”, “3”, “4”, and “5”:

1. Telephone Service. An applicant for a new microwave or cellular tower shall demonstrate that existing towers, buildings or structures within the proposed service area cannot accommodate the equipment planned to be located on the proposed new tower. Factors to be considered in evaluating the practicality of siting the proposed equipment on existing or approved towers shall include, but are not necessarily limited to, structural capacity, radio interference and geographic service area requirements.

SECTION 4. By amending Section 17.16.080.C, “Communication Uses: Telephone Service” by adding the following new paragraph:

6. Notification. Prior to the issuance of a zoning permit, and immediately after receiving an application for a new tower, the Zoning Administrator or, if applicable, the executive director of the planning department 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, ORI, CF, CC and SCR districts), or within 1,000 feet of the zoning boundary line of a residential district or a district permitting residential uses. Within 30 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.

SECTION 5. By amending Section 17.16.180.A, “Communication Special Exceptions: Radio/TV/Satellite Tower” by adding the following:

5. Notification. Prior to conducting a Special Exception hearing before the board of zoning appeals, and immediately after receiving an application for a new tower, the Zoning Administrator or, if applicable, the executive director of the planning department 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, ORI, CF, CC and SCR districts), or within 1,000 feet of the zoning boundary line of a residential district or a district permitting residential uses. Within 30 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 informatioin about the tower’s safety, technical necessity, visual aspects, and alternative tower sites and designs considered.

SECTION 6. By amending Section 17.16.180.B, “Communication Special Exceptions: Telephone Service” by adding the following:

2. Notification. Prior to conducting a Special Exception hearing before the board of zoning appeals, and immediately after receiving an application for a new tower, the Zoning Administrator or, if applicable, the executive director of the planning department 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, ORI, CF, CC and SCR districts), or within 1,000 feet of the zoning boundary line of a residential district or a district permitting residential uses. Within 30 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.

SECTION 7. BE IT FURTHER ENACTED, That this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brenda Gilmore, Carolyn Baldwin Tucker, Ginger Hausser

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LEGISLATIVE HISTORY
Introduced:	January 21, 2003
Passed First Reading:	January 21, 2003
Referred to:	Planning Commission - Approved 6-0 (01/23/2003) Planning & Zoning Committee
Passed Second Reading:	March 4, 2003
Passed Third Reading:	March 18, 2003
Approved:	March 21, 2003
By:
Effective Date:	March 29, 2003