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  • About the Handbook of Wireless Site Acquisition and Permitting
  • About the Author
  • Purchase Options
  • Quick Links
    • Abbreviations
    • Associations
    • Birddog Trails
    • Government Offices
    • Index
    • Real Estate Commissions
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    • Wireless Site Owners and Managers
  • Contact
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Zone-ability- Local Permit Feasibility (Chapter/Module 9)

Zone-ability- Local Permit Feasibility

Zone-ability- Local Permit Feasibility is a measure of how intensive or extensive the approval process is, as compared between two or more adjacent jurisdictions. Zone-ability can also be a comparison of the difficulty between two or more different properties in the same jurisdiction or two or more different locations on the same parcel. As discussed above in the previous Module 8, “Search Area Mapping,” some search areas extend into more than one jurisdiction. Obtaining a zoning permit for a wireless facility in one jurisdiction may be much less difficult (i.e. more zone-able) than in one or more neighboring jurisdictions.

The Lack of a Zoning Ordinance

Some areas require no land-use or zoning permits because there is no zoning or land-use code or ordinance. If this is the case, site locations under consideration are automatically zone-able—short of permitting requirements existing through any other mechanism of local government. When no zoning permit is required, obtain a letter or email from the appropriate jurisdiction official—preferably on jurisdiction letterhead including title and contact information—stating that no zoning or land use regulations exist within the jurisdiction, and therefore the specific facility development proposed for the specified location in the jurisdiction will not require any land use or zoning permits. Be sure the letter is dated.

The Existence of Zoning or Land-Use Regulations

The zone-ability of a site location reflects upon a jurisdiction’s receptivity to a wireless facility site development proposal, objectively measured by the application of the zoning code, standard processes, and administrative procedures at a given location on a specified property. Subjective interpretation of the community’s willingness to allow the proposed facility is a consideration in characterizing zone-ability as well. Nuances often exist to favor collocation on existing structures or applications for structures not exceeding the zoning district height limit.

Variations from one property to another

Many locations might be suitable for RF engineering, constructability, or lease-ability, but if the zoning climate doesn’t support wireless siting on that property it is likely a waste of time to pursue. Site search due diligence is as much about disqualifying properties as it is about qualifying them. There is no sense in pouring time and energy into sites that can’t be zoned. Know how the zoning treatment of a property compares with other properties before contacting a property owner. Save time through the early evaluation of as many properties as possible. Rank the property choices in the search area by the zone-ability for each.

Potential locations in the search area favored by the local planning staff

Try to qualify locations suggested by planning staff, if possible. If a planner’s suggestion is great and makes the cut, it could be very helpful in the permit process to reiterate that the planner suggested that site. If the planning staff’s suggestion doesn’t work, this is an opportunity to educate the staff as to why. It is disrespectful to the planning staff not to provide feedback about the properties they suggest.

Communications Tower Ordinances

Some jurisdictions have their own communications tower ordinance. Though they may be similar from one community to another, they are rarely identical. Communications tower zoning ordinances acknowledge the need to develop wireless communication infrastructure and ensure that as a land use, wireless facilities are planned in harmony with the design objectives of the jurisdiction. Detailed guidelines are set forth for how wireless facilities may be developed.

Height Limitations

It is an essential element of wireless technology that antennas propagate signals to the coverage area. Wireless technology relies on line-of-sight signal propagation between personal devices and wireless infrastructure for transmission to be effective. Without sufficient elevation above ground level, wireless antennas won’t accomplish the line-of-sight requirement. Wireless antennas have a unique need for elevation that most other land uses don’t have.

Typically, zoning district regulations include a height limit for structures within the given district. However, zoning codes often contain a paragraph of exceptions to district height limitations in the general or supplemental regulations section of the ordinance. Height-limit exceptions often exist for communications towers, chimneys, flagpoles, silos, smokestacks, spires, water tanks, and windmills.

Setback Requirements

There are numerous ways to express setback requirements for wireless structures. It could be a percentage of the structure height or a set amount of feet. Setback might be measured from the structure to the property line, nearest building, nearest residence, or nearest presence of residential zoning. These criteria often overrule the setback regulations of the zoning district where wireless structures are concerned.

Airport Zoning

Communication structures may pose a potential hazard for air traffic. Local governments are responsible for oversight of local airports and the protection of local air traffic navigation. In addition to rules promulgated by the FAA to regulate obstructions to air traffic, many local governments establish and enforce formulas for height regulations in proximity to local airports and air traffic flight pattern approaches. One factor driving local airport zoning is that FAA determinations don’t necessarily include a review of private airports.1

Site Plan Review

Permit approval scrutiny is often most intense where jurisdictions perform site plan reviews on each qualifying application. Prepare by obtaining the site plan review checklists and requirements during site search due diligence. Much of the site plan review details apply to the work the A&E firm performs as per the discussion in Module 19 Site Design—Standard Drawings and Reports and Module 20 Site Design—Supplemental Drawings and Reports.

Understand the process and where site plan review fits into the permit process and approval timeline. The tedious nature of a site plan review may have an impact on zone-ability if not all candidates require the same level of examination. The requirements of site plan review may have the effect to favor the selection of one candidate over another. Site plan review may be a precursor to subdivision platting requirements under certain conditions in some jurisdictions.

Subdivision Requirements

In some counties, a subdivision process replaces what is normally considered the zoning process; in others, the subdivision process supplements the zoning process. This could extend the time it takes to process permits for a proposal. A subdivision ordinance may mandate that ground space utilized for a wireless facility is platted and receives plat approval by county officials. Plat approval requires a special survey that meets local platting standards. The final plat is dated with signatures of jurisdiction officials on Mylar. Subdivision plats were discussed in relation to the different kinds of plat books in Module 8 Search Area Mapping and as supplemental drawings, where needed, as discussed in Module 20 Site Design—Supplemental Drawings and Reports.

Lease-ability Impact on Zone-ability

The zoning requirements of local jurisdictions for approval of the local permit entitlements must be acceptable to property owners. In my experience, I’ve had to disqualify otherwise desirable site locations because the property ownership admitted, in advance, that they didn’t have the fortitude to withstand opposition from local citizens for zoning permit approval. If opposition developed, they would insist that the application be withdrawn. I call it “weak knees.” Regardless of the property owner’s interest in the revenue opportunity, if they won’t guarantee loyalty to subsequent permit applications, the zone ability of the site is reduced.

Visit Local Permit Agencies, Meet the Planner

It is preferable to visit the building and planning departments and meet the planner in person to get to know who is expected to work with your applications. When you phone or visit the jurisdiction to discuss your assignment, speak with a planner. If possible, study the zoning map and zoning code first. Emails can effectively reference specific properties and ask for data and documentation not available on the planning department website. In larger jurisdictions with multiple planners, it is common for one planner to handle all wireless facility siting applications, though that’s not always the case.

Environmental Considerations

Formal environmental review processes are administered by the FCC on the federal level for new wireless facility locations. This is discussed relative to the environmental consultant project role in the Module 14 Project Team. Local jurisdictions are concerned about many of the same environmental considerations as the FCC while processing local permit applications and administering their own practices in this regard, as discussed in Module 28 Local Permit Applications; Module 29 Planning Staff Review; and Module 30 Community Due Diligence.

Observation and recording of environmental conditions regarding a search area and specific properties under consideration are a part of the site acquisition consultant’s due diligence research responsibilities. Reporting on environmental conditions to the project team is performed as elaborated in Module 13 Search Area Report (SAR) and Module 15 Site Candidate Information Package (SCIP).

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© 2025 · John M. Rowe/Communications Real Estate, Inc./Telecom Birddogs, LLC

  • About the Handbook of Wireless Site Acquisition and Permitting
  • About the Author
  • Purchase Options
  • Quick Links
    • Abbreviations
    • Associations
    • Birddog Trails
    • Government Offices
    • Index
    • Real Estate Commissions
    • Spectrum Information
    • Wireless Site Owners and Managers
  • Contact
  • Blog