Chapter 18.84   WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:


18.84.010   Intent.

A.

The intent of this section is to provide specific regulations for the placement, construction, modification and removal of wireless communication facilities, consistent with federal regulations and community values. To meet these conditions, the regulations are intended to:

1.

Satisfy the guidelines of Section 704 of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), which promote the accessibility of wireless communications to the general public;

2.

Not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless telecommunications facilities nor be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless services;

3.

Distinguish between telecommunications towers on their relative height and consequential visual impact on the community; and

4.

Provide for the distribution and installation of necessary wireless communication facilities in a way that does not adversely impact the health, safety and welfare of the community including aesthetic values.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.84.020   General provisions.

A.

Wireless telecommunications facilities shall not be considered or regulated as essential public facilities as provided in Chapter 18.58.

B.

For the purposes of this chapter, there are two classes of telecommunication towers:

Class I, not to exceed sixty feet in height, and

Class II, over sixty feet in height.

C.

Exemptions. The following are exempt from the provisions of this section:

1.

Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC);

2.

Antennas and related equipment no more than fifteen feet in height that are displayed outdoors for sale;

3.

Facilities used for the purpose of public safety by public or semi-public entities including, but not limited to, police communications, hospital communications and 911 system communications;

4.

Wireless radio utilized for emergency communications in the event of a disaster;

5.

Licensed amateur (ham) radio installations;

6.

Satellite dish antennas less than two meters in diameter, including direct home satellite services, when an accessory use of the property;

7.

Routine maintenance of otherwise permitted wireless telecommunications facilities; or

8.

Subject to compliance with all applicable city, state, and federal standards, an emergency repair of a wireless telecommunications facility; provided, that a permit is applied for within thirty days after completion of such emergency repair.

D.

Wireless telecommunications facilities may be either a principal or accessory use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless telecommunications facility on that lot.

E.

Prohibited Use in Single-Family Zones. Other than licensed amateur (ham) radio installations, any wireless communication structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers, is prohibited in the R4 and R6 zones.

F.

Reimbursement of Costs. In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants, mutually acceptable to both the applicant and the city, hired by the city to review and inspect the applicant's proposal when the city is unable to do so with its existing staffing resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, hearing examiner services, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the city per the adopted fee schedule.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.84.030   Permits required.

Approval of a permit(s) is required to site a wireless communication facility in accordance with the following and the procedures set forth in Chapter 18.08:

A.

Type 1 decision is required for:

1.

Co-location of antennas on existing towers per this section in nonresidential zones;

2.

Co-location of antennas on existing support structures per this section, excluding towers, in any zone.

B.

Type 2 decision is required for a Class I tower and associated equipment and antennas in non-residential zones.

C.

Type 3 decision is required for any wireless telecommunications facility not stated above, including the following:

1.

Any Class I tower in a MR12 zone and associated antenna and equipment enclosures;

2.

Any Class II tower and associated antennas and equipment enclosures in any zone where permitted.

D.

Expiration of Permits. A permit shall expire consistent with the provisions of the building code, except that the permit for construction of a wireless telecommunications facility shall expire one year after the effective date of the permit approval.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.84.040   Priority of locations.

The order of priorities for locating new personal wireless service facilities shall be as follows:

A.

Combine service into existing antennas where possible.

B.

Co-locate antennas on existing structures, such as buildings, towers, water towers and smokestacks.

C.

Place antennas and towers on public property where consistent with adjacent planned development.

D.

Place antennas and towers in districts zoned Community Commercial (CC), Business/Industrial Park (B/IP), or Industrial (I).

E.

Place antennas and towers in other zone districts which do not adjoin or adversely impact residential neighborhoods.

F.

Only after an applicant has provided an alternative sites report as specified in Section 18.84.050(A)(8) that demonstrates that priority sites have been investigated shall other sites be approved.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.84.050   Application submittal requirements.

A.

Application Submittal Requirements. Application for any Type 1 or Type 2 permit and other related requests shall include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information, unless waived or modified by the director as unnecessary. The following information shall be submitted with a permit:

1.

A site or combined site and vicinity plan clearly indicating the site location, type and height of the proposed tower (if any) and antenna, on-site and nearby land uses and zoning, roadways, proposed means of access, and setbacks from property lines, sufficient to demonstrate that setbacks and other pertinent requirements have been met. Such drawings shall specifically include elevation drawings of the proposed tower (if any), and any other proposed structures.

2.

A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility, the method of fencing, finished color and, if applicable, the method of camouflage and illumination. The director may adjust these requirements when co-locating on an existing support structure.

3.

A completed Federal Aviation Regulation (FAR) 7460-1 Airspace Form with applicable agency comments if the facility is located within five miles of any airport. The city may incorporate comments provided in the FAR Part 77 Airspace Form into its decision as conditions.

4.

Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.

5.

Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Paragraph 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.

6.

A legal description of the parcel.

7.

A signed statement indicating that:

a.

The applicant and landowner (if different) agree they will diligently negotiate in good faith to facilitate co-location of additional wireless telecommunications facilities by other providers on the applicant's structure or within the same site location; and

b.

The applicant and/or landlord agree to remove the facility within one hundred eighty days after abandonment per subsection (i) of this section.

c.

A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards and all other applicable federal and local laws and regulations.

d.

Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.

e.

The telecommunications provider must provide documentation that it is licensed by the FCC or has received FCC approval to proceed with construction if it is required to be licensed under FCC regulations.

f.

The telecommunications provider must supply documentation that it has consulted with local emergency and government services, hospitals, medical clinics, and other similar medical uses within a radius of one thousand feet of the proposed wireless telecommunications facility and that such local emergency and government services, hospitals, clinics and medical uses verify that the wireless facility will not cause interference, malfunctions, or improper operation of any emergency and government services, diagnostic, analytical, or therapeutic equipment uses in the care, treatment, or diagnosis of medical patients.

g.

The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC-licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC.

h.

An agreement between the applicant and the city shall be provided establishing that if technology should change and a wireless telecommunications facility becomes obsolete, and the use of the facility abandoned or discontinued, the applicant shall remove facilities per subsection (i) of this section.

i.

A technical report demonstrating the service requirements of the applicant and demonstrating need for the proposed facility at the location proposed. At a minimum, the technical report shall include:

i.

A map of the area to be served by the tower or antenna;

ii.

Its relationship to other cell sites in the applicant's network including technical data related to frequencies, range, capacity, etc.; and

iii.

An evaluation of existing buildings taller than thirty feet, within one-quarter mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. The technical report should demonstrate how the proposed site fits into the provider's overall network.

8.

An alternative sites report must be submitted. The report shall discuss all potential sites investigated, including at a minimum all nearby priority locations as listed in subsection (d) of this section; summarize technical data and other rationale as to why a potential site was not appropriate and considered further; and include a demonstration that:

a.

The applicant has contacted the owners of structures in excess of thirty feet high within a one-quarter mile radius of the site proposed and which from a location standpoint could provide part of a network for transmission of signals;

b.

The applicant asked for permission to install the antenna on those structures; and

c.

Access/location was denied for reasons other than economic feasibility.

d.

When there is a technical disagreement relating to location, height or related issues, the city and the applicant may retain a mutually acceptable technical expert in the field of RF engineering to provide technical advice to the city on the proposal. The cost for such a technical expert will be at the expense of the applicant.

9.

Engineering specifications indicating the maximum load the structure may bear and how much reserve capacity remains. Applications to load a structure beyond its original specification or to modify the structure to increase its capacity, must include a new structural analysis prepared by a licensed engineer.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

18.84.060   Development standards.

A.

Wireless with the development:

1.

A Class I or Class II tower shall be set back a distance equal to one and one-half times the height of the tower from a nonconforming residential use as measured from the wall of any supporting equipment enclosures of building or the base of the tower, whichever is nearer. The setback shall be measured to the nearest property line of the parcel upon which the nonconforming residential use is located.

2.

A Class I or Class II tower shall be set back a distance equal to three times the height of the tower from any conforming residential use as measured from the wall of any supporting equipment enclosures of building or the base of the tower, whichever is nearer. The setback shall be measured to the nearest property line of the parcel upon which the conforming residential use is located.

3.

Wireless telecommunications facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other techniques to minimize visibility of the facility as viewed from public streets or residential properties.

4.

Tower bases, equipment enclosures and cabinets and related security fencing shall be screened from public view. This screening requirement may be met in a number of ways, including use of a solid masonry wall, earthen berms, or landscaping. If landscaping is employed, it shall meet all applicable requirements of Chapter 18.72.

5.

In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the city may make a condition of the permit that the applicant supplement existing trees and mature vegetation to more effectively screen the facility.

6.

Class I and Class II towers, antennas, and any associated hardware and equipment shall be painted a non-reflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its view-shed.

7.

Security fencing, if used, shall conform to the following:

a.

No fence shall exceed eight feet in height;

b.

Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and

c.

Chain-link fences shall be painted or coated with a non-reflective color, and shall have a minimum three-foot deep area to be planted with approved plant species in a manner that will completely screen the fencing.

8.

No wireless equipment enclosures reviewed under this section shall be located within required yard setback areas.

9.

Class I and Class II towers shall not be illuminated nor have lights located upon them except as required under Federal Aviation Administration (FAA) or other state or federal regulations.

10

No equipment shall be operated so as to produce noise levels above forty-five dB as measured from the nearest property line on which the wireless telecommunications facility is located, except temporary generators used during power outages and natural disasters.

B.

Class I and Class II towers shall be designed to accommodate co-location. The following provisions shall apply:

1.

All new Class I towers shall be designed to accommodate at least one additional provider. Class II towers shall be designed to accommodate at least two additional carriers. The city may deny a project for a wireless telecommunications facility if co-location is not provided.

2.

Additional tower height provided for co-location shall be the minimum needed. Separation between existing and potential additional antenna arrays shall not exceed fifteen feet unless a technical rationale for a larger separation, acceptable to the city, is provided during permit approval for initial tower construction or for any modification of existing towers adding tower height.

3.

An owner of a Class I or Class II tower approved under this chapter may not deny a wireless provider the ability to co-locate on their facility at a fair market rate or at another cost basis agreed to by the affected parties.

4.

In the event co-location is found to be not feasible, a detailed written statement or report demonstrating the reasons for the unfeasibility shall be prepared by the applicant. The city and the applicant may retain a mutually acceptable technical expert in the field of RF engineering to review the applicant's unfeasibility report. The technical expert will provide comments on the unfeasibility report and provide comments on how the facility could be designed to accommodate co-location if possible. The cost for such a technical expert will be at the expense of the applicant.

C.

Wireless telecommunications facilities may be co-located on existing or proposed support structures other than Class I or Class II towers under the following conditions:

1.

Class I and Class II towers may not be placed on any other existing or proposed support structure;

2.

Whip antennas may exceed the structure height by a maximum of fifteen feet, and other omni-directional antennas may exceed the structure height by a maximum of ten feet;

3.

Wireless telecommunications facilities may be mounted on one or more building facades or on one or more sides of a mechanical equipment enclosure;

4.

The wireless telecommunications facilities of one provider, including all appurtenances and screening, shall not exceed five percent of any facade of a building. The wireless telecommunications facilities of all providers located in the support structure shall not exceed ten percent of the building facade;

5.

Exterior equipment structures placed on existing support structures may not exceed five hundred cubic feet with a five foot height limit above existing building height in residential zones; and

6.

Antennas may be attached to ball field light standards, electrical transmission towers, water tanks or existing utility poles; provided, that:

a.

In residential zones, supporting equipment enclosures and structures shall be in side or rear yards and otherwise adhere to the building setback requirements of the zone; and

b.

Utility poles in any zone shall not be extended or replaced such that overall height is increased more than twenty feet above the preexisting pole or the average height of existing poles within three hundred feet, whichever is less.

D.

Abandonment or Discontinuation of Use.

1.

At such time that a provider plans to abandon or is required to abandon the operation of a wireless telecommunications facility, such provider will notify the city by certified U.S. mail of the proposed date of abandonment. Such notice shall be given no less than thirty days prior to abandonment.

2.

In the event that a licensed provider fails to give such notice, the personal wireless facility shall be considered abandoned.

3.

Upon abandonment, the provider shall physically remove the wireless telecommunications facility within ninety days from the date of abandonment. Removal shall include, but not be limited to:

a.

Removal of antennas, mounts, equipment cabinets and security barriers from the subject property.

b.

Removal of Class I or Class II towers.

c.

Transportation of the antennas, mounts, equipment cabinets, security barriers, and towers to a location outside of the city.

d.

Restoring the location of the personal wireless facility to its natural condition, except any remaining landscaping and grading.

E.

Maintenance. Wireless telecommunications facilities shall be maintained, including but not necessarily limited to the following:

1.

Keeping of all plant materials used for screening in a live and healthy condition;

2.

Regular painting of towers, enclosures, fences and all paintable items on the site such that rust, peeling paint, or oxidation is not evident;

3.

Repair of any loose or hanging equipment or parts; and

4.

Replacement of missing plants, fencing or fencing parts, or other portions of towers, enclosures, and other equipment.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)