Wireless Search Area Mapping

Now that you have digested the content of the search area assignment and taken into account existing structures in the search area, our attention can be directed to where a new antenna structure can be located. This involves mapping. Favorable zoning districts are mapped, property ownership within favorable areas of zoning is mapped, access to utilities is mapped, and environmental conditions to avoid are mapped. Mapping allows us to systematically find the most desirable site locations under often conflicting project criteria promoted by different members of the project team.

State Small Cell Legislation

Pre-emption of local zoning regulations for small cells

Arizona
https://apps.azleg.gov/BillStatus/GetDocumentPdf/453599
California (Governor Brown vetoed this bill) http ://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB649
Colorado http ://leg.colorado.gov/bills/hb17-1193 http://leg.colorado.gov/sites/default/files/documents/2017A/bills/2017A_1193_signed.pdf
Delaware
http://legis.delaware.gov/BillDetail?LegislationId=25823
Florida https ://www.flsenate.gov/Session/Bill/2017/687/BillText/er/PDF
https://www.flsenate.gov/Session/Bill/2017/00687
Hawaii
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2651
Illinois
http ://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=005500050K5-12001.2
http://www.ilga.gov/legislation/BillStatus.asp?GA=100&DocTypeID=SB&DocNum=1451&GAID=14&SessionID=91&LegID=103860
Indiana
https://iga.in.gov/legislative/2017/bills/senate/213
Iowa
https://legiscan.com/IA/bill/SF431/2017
Kansas
http://www.kslegislature.org/li_2016/b2015_16/measures/documents/summary_hb_2131_2016.pdf
http://www.ksrevisor.org/statutes/chapters/ch66/066_020_0019.html
Minnesota
http://www.house.leg.state.mn.us/hrd/bs/90/HF0739.pdf
https://www.revisor.mn.gov/laws/?id=94&year=2017&type=0
Missouri (Awaiting Governor’s signature)
https://house.mo.gov/Bill.aspx?bill=HB1991&year=2018&code=R
New Mexico
https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo =14&year=18&AspxAutoDetectCookieSupport=1
North Carolina
https://www.ncleg.net/Sessions/2017/Bills/House/PDF/H310v7.pdf
Ohio
https://www.legislature.ohio.gov/legislation/legislation-status?id=GA132-HB-478
Oklahoma
http://www.oklegislature.gov/BillInfo.aspx?Bill=sb1388&Session=1800
Rhode Island http ://webserver.rilin.state.ri.us/BillText17/HouseText17/H5224.pdf
Tennessee http ://www.capitol.tn.gov/Bills/110/Fiscal/HB2279.pdf
Texas
https://legiscan.com/TX/text/SB1004/id/1624249
Utah
https://le.utah.gov/~2018/bills/static/SB0189.html
Virginia http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB1282ER+pdf
https://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0835
Washington
http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bill%20Reports/House/1921%20HBA%20TED%2017.pdf
https://app.leg.wa.gov/rcw/default.aspx?cite=80.36.375

Source:
http://www.ncsl.org/research/telecommunications-and-information-technology/mobile-5g-and-small-cell-legislation.aspx

Research Favorable Zoning

The purpose of search area zoning research is to understand regulations within each zoning district, how the jurisdiction classifies local land uses, and the local processes required to obtain permits for construction and ongoing operation of the proposed use. Search areas may straddle the border of two or more jurisdictions, allowing the potential for development in one of the multiple jurisdictions. Jurisdictions lack uniformity. Some treat wireless land uses more favorably than others.

Jurisdictions specify their land-use regulations in the zoning code, if they have one, and establish a zoning map to organize zoning districts. The minimum setback buildings and structures can be placed from property lines and the maximum height limits for structures are typically established for each district. Zoning codes and maps distinguish between types of zoning districts. Many zoning maps are color-coded for this purpose.

Land Uses and Zoning Districts

Each district has a list of permitted uses and uses that may be allowed conditionally. While some land uses may be permitted in one district, another district may only allow them after review and approval, requiring one or more public hearings prior to a decision. Zoning districts group compatible land uses. For instance, residential land use is separated from industrial land use.

The five general zoning district categories are agricultural (denoted on a zoning or land-use map by AG or A), residential (RES or R), commercial (COM or C), industrial (IND or I), and public (PUB or P). Agricultural or rural zoning includes farms and ranches in the country. As one might expect, residential zoning is designed for places where people live, while commercial zoning accommodates retail and office space uses. Industrial zoning sets aside areas for factories and warehouses. Public land-use districts are for parks, open space, and government-owned property, such as city halls, county fairgrounds, state parks, and national forests.

Zoning Criteria

By analyzing the code and zoning map, favorable zoning districts can be identified where macro and microcell sites are permitted or allowed conditionally. States vary. Some states have passed or are considering laws requiring that qualifying small cell sites be permitted by local jurisdictions.¹

Zoning Classifications, Treatment, and Processes

Permitted land uses don’t usually require any hearings. They can be approved for construction by merely obtaining a building permit or site plan approval through compliance with local rules regarding building permit applications, building contractor licenses, and required inspections. Some jurisdictions, however, require a public hearing to approve a building permit.

Wireless/Communications Tower-Specific Ordinances

Since the number of communications towers and poles has increased dramatically in the US since the 1980s, many jurisdictions have enacted a modification to their code in the form of a separate zoning ordinance targeted to address wireless facilities. Such ordinances may be titled under a variety of different names, including wireless facilities, commercial mobile radio services (CMRS), or communications towers. Review the entire body of law in a jurisdiction to be sure not to miss this category of the ordinance, regulations affecting building permits, and any ordinances related to public utilities.

Wireless Search Area Mapping (Chapter/Module 8)