Chapter 18.66
REGULATIONS FOR THE SITING OF WIRELESS COMMUNICATIONS FACILITIES
Sections:
18.66.010 Purpose.
18.66.020 Definitions.
18.66.030 Applicability.
18.66.040 Microcell facilities standards.
18.66.050 Building mounted wireless telecommunications facility standards.
18.66.060 Telecommunications tower standards.
18.66.070 General standards.
18.66.080 Administrative review.
18.66.090 Conditional use permit review.
18.66.100 Co-location requirements.
18.66.110 Application requirements.
18.66.120 Review criteria for permits.
18.66.130 Review criteria for variances.
18.66.140 Removal of abandoned antennas and towers.
18.66.150 Bonding requirements.
18.66.160 Nonconforming uses.
18.66.170 Summary table.
18.66.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to:
A. Protect residential areas and land uses from potential adverse impacts of towers and antennas;
B. Encourage the location of towers in nonresidential areas;
C. Minimize the total number of towers throughout the community;
D. Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
E. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
F. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
G. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
H. Consider the public health and safety of communications towers;
I. Avoid potential damage to adjacent properties from tower failure with engineering and careful siting of tower structures; and
J. Enhance and provide emergency respondent capabilities.
In furtherance of these goals, the City of Ferndale shall give due consideration to the Ferndale Comprehensive Plan, development regulations, existing land uses, and critical areas ordinance in approving sites for the location of towers and antennas.
The standards contained in this chapter are intended to comply with the Telecommunications Act of 1996. The provisions of this chapter are not intended and shall not be interpreted to have the effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. In reviewing any application to provide personal wireless service or to install personal wireless service facilities, the City shall act within a reasonable period of time, taking into account the nature and scope of the application and the required notice and review process. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. (Ord. 1400 § 2, 2006)
18.66.020 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
“Antenna” means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Types of antennas include:
1. Directional antenna (also known as a panel antenna) which transmits signals in a directional pattern of less than 360 degrees.
2. Omni-directional antenna (also known as a whip antenna) which transmits signals in a 360 degree pattern.
3. Parabolic antenna (also known as a satellite dish) is a bowl shaped device that receives and transmits signals in a specific directional pattern (e.g., point to point).
“Antenna height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
“Antenna support structure” means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.
“Applicant” means any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, or remove a personal wireless service facility within the City.
“Backhaul network” means the lines that connect a provider’s towers/cell sites to one or more cellular telephone switching office, and/or long distance provider, or the public switched telephone network.
“Cell site” or “site” means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory building, and parking, and may include other uses associated with an ancillary to personal wireless services.
“Co-location” means the use of a personal wireless service facility or cell site by more than one personal wireless service provider.
“Design” means the appearance of a personal wireless service facility, including such features as its material, color, and shape.
“FAA” means the Federal Aviation Administration.
“FCC” means the Federal Communications Commission.
“Height” means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
“Lattice tower” means a type of mount that is self-supporting with multiple legs and cross-bracing of structural metal.
“Microcell facility” means a wireless telecommunications facility characterized by small antennas and equipment cabinets, and typically located on a small diameter monopole; on an existing or replacement street light, power pole, sign or other suitable structure; or on an existing building. A microcell facility is designed to blend with the existing physical environment and minimize visual impacts.
“Mount” means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:
1. Building Mount. A personal wireless service facility mount fixed to the roof or side of a building.
2. Ground Mount. A personal wireless service facility mount fixed to the ground, such as a tower.
3. Structure Mount. A personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, water towers and bridges.
“Panel antenna” means a “directional antenna” as included in the definition of “antenna” above.
“Personal wireless service,” “personal wireless service facilities,” and “facilities” used in this chapter shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications, services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless service facilities.
“Preexisting tower” and “preexisting antenna” means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of the ordinance codified in this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
“Replacement utility pole” means a new utility pole that is located in an identical or nearly identical location as an existing utility pole and which serves to replace an existing utility pole.
“Satellite dish” means a parabolic antenna as included in the definition of “antenna” above.
“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like. The term includes the structure and any support thereto. (Ord. 1400 § 2, 2006)
18.66.030 Applicability.
The requirements of this chapter shall apply to all new personal wireless communications facilities within the City of Ferndale and the expansion and/or alteration of any existing personal wireless communications facilities. The following are exempt from the provisions of this chapter:
A. Amateur Radio Station Operators. This chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station (“ham”) operator.
B. Public Safety Agencies. Towers and antennas used for public safety agencies, including military, law enforcement, fire and ambulance services, or other similar services which are used for emergency preparedness and public safety purposes.
C. Satellite Dish Antennas. Dish antennas less than two meters in diameter, including direct home satellite services, when used as a secondary use of the property.
D. Industrial, Scientific and Medical Equipment. Equipment used for industrial, scientific and/or medical purposes using frequencies that are regulated by the FCC.
E. Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this chapter are maintained. (Ord. 1400 § 2, 2006)
18.66.040 Microcell facilities standards.
The following design standards apply to all microcell facilities:
A. Height.
1. Existing Structures. Whenever microcell facilities are attached to an existing structure, the highest portion of an antenna comprising the microcell facility shall extend no more than 15 feet above the highest point of the existing structure.
2. New Structures. Any new structure, excluding replacement utility poles, supporting a microcell facility may be no taller than the maximum building height as specified in the zoning district in which the structure is located. The highest portion of an antenna comprising the microcell facility shall extend no more than 15 feet above the highest point of the new structure.
B. Setbacks.
1. Microcell facilities shall be set back a minimum of 40 feet from any dwelling unit existing at the time that an application for a microcell facility is submitted to the City for review.
2. No microcell facility shall be located within 250 feet of any other microcell facility.
C. Antenna Dimensions. No antenna or antenna mounting hardware shall project out more than 12 inches from the surface of the structure to which it is attached.
D. Equipment and Cabinets.
1. All ancillary equipment (other than antennas) required for the operation of a microcell, including radio equipment and cabinets, cooling and ventilating apparatus, and electrical, mechanical and other appurtenances, shall be mounted directly to the antenna support structure or placed underground. Existing telephone company pedestals and power company transformers are not required to conform with this requirement.
2. Permanently installed generators or air conditioning compressors are not permitted on microcell facilities. Cooling fans located inside the equipment cabinets are permitted.
3. The height, width, or depth of equipment and/or cabinets mounted on a structure shall not exceed 36 inches.
E. Design. The material, texture and color of the microcell facility shall be selected to best match the structure to which it is attached. (Ord. 1400 § 2, 2006)
18.66.050 Building mounted wireless telecommunications facility standards.
The following design standards apply to all building mounted wireless telecommunications facilities:
A. Design.
1. Wireless telecommunications facilities located on the roof or on the side of the building shall be grouped together and integrated to the maximum degree possible with the building design.
2. Wireless telecommunications facilities shall be placed toward the center of the roof and/or thoroughly screened from residential building views and from public views.
B. Height. The maximum height of roof mounted facilities and equipment shall not exceed 15 feet above the top of the roof on which the facility is located. Panel antennas shall not extend above the top of the roof.
C. Antenna Dimensions. An antenna mounted on a wall of an existing building shall be mounted in such a configuration as to be as flush to the wall as technically possible.
D. Color. The antenna shall be constructed, painted or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.
E. Equipment and Cabinets. Any accessory equipment shelter must blend in with the surrounding buildings in architectural character and color. (Ord. 1400 § 2, 2006)
18.66.060 Telecommunications tower standards.
The following standards apply to all telecommunications tower sites:
A. Maximum Height Standards. Maximum antenna height shall be as follows:
1. RS – residential single-family zoning district: 35 feet.
2. RM – multifamily residential zoning district: 45 feet.
3. RO – residential office zoning district: 45 feet.
4. CB – central business zoning district: 45 feet.
5. GC – general commercial zoning district: 100 feet.
6. HC – highway commercial zoning district: 100 feet.
7. LI – light industrial zoning district: 45 feet.
8. M – manufacturing zoning district: 100 feet.
9. FW – floodway zoning district: 100 feet.
10. The height of any telecommunications tower site shall include the support structure and any attached antennas proposed at the time of application.
11. The height limitation in each zone except in any residential single-family or residential multifamily zoning district may be increased by 20 feet in any instance where an applicant commits to future co-location on the facility as identified in FMC 18.66.100.
B. Tower Design.
1. Lattice towers are prohibited.
2. All tower structures and required fencing shall be equipped with appropriate anti-climbing devices.
3. The perimeter of the tower structure and any guyed wires and anchors shall be enclosed by a fence or wall at least six feet in height.
C. Landscaping shall be consistent with landscaping requirements in Chapter 18.74 FMC.
D. Painting. Tower facilities shall be painted or finished in a manner which blends with the dominant color of the background except where otherwise required by the FAA. The applicant and/or operator of the facility shall have a continuing duty to maintain such paint or finish.
E. Shoreline Location Prohibited. No tower facilities shall be permitted in any location that falls under the jurisdiction of the State Shorelines Management Act, unless such tower facility complies with the maximum height requirements established under the City shoreline master program.
F. Setbacks. Tower sites located in nonresidential zoning districts shall be set back a minimum of 200 feet from any RS – residential single-family or RM – residential multifamily zoning district boundaries. Tower sites located within an RS – residential single-family or RM – residential multifamily zoning district shall be set back a minimum of 50 feet from any existing dwelling unit.
G. View Protection. Tower sites shall not be located in such a fashion as to negatively impact views from public parks and recreation areas. Particularly, views from Pioneer Park should not be impacted by tower sites. (Ord. 1400 § 2, 2006)
18.66.070 General standards.
The following standards are applicable to all telecommunications facilities:
A. Lighting. Facilities shall not be illuminated except where required by the FAA or FCC. Should lighting be required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
B. Noise. Facilities shall at all times comply with state noise level standards under Chapter 173-60 WAC as amended. The City may require noise attenuation devices or other mitigation measures to minimize the noise impacts. Noise standards may be exceeded on a temporary basis during emergency situations where the use of a backup generator is required.
C. Signs. All facilities shall be identified with a nonilluminated sign not to exceed four square feet in area. The sign shall list the wireless service provider’s name and emergency telephone number and shall be posted in a place that is visible to the public. No advertising signs shall be located on support structures, antennas or accessory equipment or cabinets.
D. Height.
1. The height of a facility shall include the support structure and any attached antennas proposed at the time of application.
2. Exceptions to maximum height standards:
a. A lightning rod, not to exceed 10 feet in height;
b. FAA required lighting;
c. Co-location on a preexisting over-height tower is permitted; provided, that no antenna or other attachment to the preexisting over-height tower shall be permitted which increases the height of the tower.
E. Aesthetics. Facilities shall be designed, to the extent possible, to use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
F. State and Federal Requirements. All facilities must meet or exceed current standards and regulations of the FAA and FCC and any other agency of the federal or state government with the authority to regulate towers and antennas.
G. Safety Standards. To ensure the structural integrity of facilities, the owner and/or operator of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association. Any new construction, addition or improvement of a tower facility shall require the submission of detailed plans stamped by a professional engineer which demonstrate compliance with Electronic Industries Association Standards. Said plans shall be submitted and reviewed at the time building permit applications are submitted. (Ord. 1400 § 2, 2006)
18.66.080 Administrative review.
A. The following types of telecommunications facilities shall be reviewed administratively by the Planning Director:
1. Microcell facilities located on existing structures in any zoning district;
2. Microcell facilities located on a new structure in any nonresidential zoning district;
3. Building mounted facilities in the following zoning districts:
a. HC – highway commercial zone.
b. GC – general commercial zone.
c. CB – central business zone.
d. M – manufacturing zone.
e. LI – light industrial zone.
B. Co-locations in the following zoning districts; provided, that the co-location of additional antennas on an existing tower facility does not result in any increase in tower height:
1. HC – highway commercial zone.
2. GC – general commercial zone.
3. CB – commercial business zone.
4. M – manufacturing zone.
C. The Planning Director may refer any application to the Technical Review Committee for recommendation. Applications that are categorically exempt from SEPA review under WAC 197-11-800 shall also be subject to review without public notice as identified in FMC 14.11.010.
D. Any decision to administratively approve or deny a permit application made by the Planning Director is subject to the appeal provisions of FMC 14.11.070. (Ord. 1400 § 2, 2006)
18.66.090 Conditional use permit review.
The following types of applications require review through the conditional use permit procedures as identified in FMC 18.12.130:
A. Building mounted facility in any residential zoning district, including the RS – residential single-family, RM – residential multifamily and RO – residential office zoning districts.
B. A tower facility in any zoning district.
C. A co-location if such co-location results in any increase in existing tower and/or antenna height in any zoning district or any co-location in any residential zone. (Ord. 1400 § 2, 2006)
18.66.100 Co-location requirements.
In any instance when an applicant proposes co-location on a new tower facility, the applicant shall provide the following:
A. If the site is secured under a lease arrangement, a copy of the lease agreement shall be included with the application which specifies that it does not preclude the site owner from entering into additional leases on the site with other telecommunications service providers.
B. A signed statement indicating that the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional facilities on the applicant’s structure.
C. Identification on the site plan of an area adequate in size and located at the base of the tower site to be reserved for the equipment needs of another personal wireless service provider.
D. A statement from an engineer indicating that the design of the tower facility will accommodate co-location. (Ord. 1400 § 2, 2006)
18.66.110 Application requirements.
Regardless of whether an application will be processed administratively or by conditional use permit, applicants proposing to construct a telecommunications facility shall submit the following information:
A. A scaled site plan clearly indicating the location, type and height of the proposed facility, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility and any other structures, topography, parking, and other information deemed by the Planning Director to be necessary to assess compliance with this chapter.
B. Legal description of the parent tract and leased parcel (if applicable).
C. The setback distance between the proposed facility and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
D. A landscape plan showing specific landscape materials.
E. Method of fencing, finished color and, if applicable, the method of illumination.
F. A description of how the application complies with the standards contained in FMC 18.66.040 through 18.66.070.
G. A certification that the proposed facility complies with all applicable federal and state laws.
H. A notarized statement by the applicant demonstrating compliance with the co-location requirements of FMC 18.66.100, if applicable.
I. Identification of the entities providing the backhaul network for the facility(s) described in the application and other cellular sites owned or operated by the applicant in the municipality, including a description of the suitability of the use of existing towers, other structures or alternative technology to provide the services that would be provided through the use of the proposed new facility.
J. A declaration under penalty of perjury or sworn statement by the applicant:
1. That the antenna usage will not interfere with other adjacent or neighboring transmission or reception communications signals.
2. That any facility will comply with all applicable federal and state laws, including, specifically, FCC and FAA regulations and the Ferndale Municipal Code.
3. That the facility will be removed from the site within 90 days after abandonment.
K. In some instances, the City may require the following additional information to be submitted during the process of reviewing an application for a telecommunications facility:
1. Location Evaluation Study. For new tower sites, a location evaluation study shall be provided to show that the structure is required for present and future network coverage, that the height requested is the minimum necessary to provide for the function and potential co-located antennas and why the antennas could not be co-located on an existing structure. In residential zones, the applicant shall demonstrate why the facility could not be located in a nonresidential zone.
2. Third-Party Review. In certain instances, a third-party expert may need to review the technical data submitted by an applicant. The City may require a technical review as part of the permitting process. The cost of the technical review shall be borne by the applicant. The selection of the third-party expert may be by mutual agreement between the applicant and the City, or, at the discretion of the City, with the provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facilities or a review of technical aspects of the facilities or a review of the provider’s methodology and equipment used and not a subjective review of the site selection by an applicant. Such a review should address the accuracy and completeness of the technical data, possible interference problems, whether the analysis techniques and methodologies are legitimate, the validity of the applicant’s conclusions and any specific technical issues outlined by the City Council, City staff or other interested parties. Based on the results of the expert review, the City may require changes to the application. The expert review shall address the following:
a. The accuracy and completeness of submissions;
b. The applicability of analysis techniques and methodologies;
c. The validity of conclusions reached; and
d. Any specific technical issues designated by the City.
3. Photo Simulations. Photo simulations of the proposed facility from affected residential properties, public properties and public rights-of-way at varying distances shall be submitted when the Planning Director so determines that such photo simulations are necessary. Prior to the time a formal application is submitted, an applicant shall meet with the Planning Director to jointly review and agree upon the number, angle and distance of the photo simulations that will be required for the submittal of a formal application. (Ord. 1400 § 2, 2006)
18.66.120 Review criteria for permits.
The following factors shall be used to evaluate applications for permits filed under this chapter:
A. Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to FMC 18.12.130, the Hearings Examiner shall consider the following factors in determining whether to issue a conditional use permit, although the Hearings Examiner may waive or reduce the burden on the applicant of one or more of these criteria if it concludes that the goals of this chapter are better served thereby:
1. Height of the proposed tower;
2. Proximity of the tower to residential structures and residential district boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress; and
8. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures as identified in subsection (B) of this section.
B. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Hearings Examiner that no existing tower, structure or alternative can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the Planning Director relating to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:
1. No existing towers or structures are located within the geographic area which meet applicant’s engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
4. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs significantly exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. (Ord. 1400 § 2, 2006)
18.66.130 Review criteria for variances.
Any variance to a standard identified in this chapter shall not be approved unless the following criteria are satisfied, following the variance review procedures identified in Chapter 18.12 FMC:
A. The applicant must demonstrate to the City’s satisfaction that no reasonable alternatives exist to provide an equivalent level of service within the City of Ferndale that does not require the issuance of a variance from a standard in this chapter.
B. The proposed project is consistent with the purposes of this chapter. (Ord. 1400 § 2, 2006)
18.66.140 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City of Ferndale notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 1400 § 2, 2006)
18.66.150 Bonding requirements.
Whenever any tower facility is constructed, the operator of the tower facility shall obtain and keep in force:
A. A performance bond payable to the City of Ferndale to cover the cost of removal of the tower facility. The performance bond shall remain in force throughout the time that the tower is located on the site. The amount of the bond shall equal 150 percent of the estimated costs of removal as determined by the Planning Director, or $1,000, whichever amount is greater.
B. When landscaping installation is required, a maintenance bond, assignment of funds or other financial guarantee acceptable to the City shall be provided in the amount of 150 percent of the value of the labor and materials. The guarantee shall be in effect for two years from the date of planting. (Ord. 1400 § 2, 2006)
18.66.160 Nonconforming uses.
A. No Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
B. Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding FMC 18.66.140, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without first having to obtain administrative approval or a conditional use permit. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in FMC 18.66.140. (Ord. 1400 § 2, 2006)
18.66.170 Summary table.
The following table provides a summary of the procedures and height limits that are listed in the previous sections of this chapter.
|
Zoning District |
Max. Bldg. Height |
Max. Tower Height |
Microcell Existing Structure |
Microcell New Structure |
Mounted on Building |
Co-location on Existing Tower |
New Tower |
|
RS |
28' |
35' |
AR |
CUP |
CUP |
CUP |
CUP |
|
RM |
35' |
45' |
AR |
CUP |
CUP |
CUP |
CUP |
|
RO |
35' |
45' |
AR |
CUP |
CUP |
CUP |
CUP |
|
CB |
45' |
65' |
AR |
AR |
AR |
CUP |
CUP |
|
HC |
45' |
100' |
AR |
AR |
AR |
AR |
CUP |
|
GC |
45' |
100' |
AR |
AR |
AR |
AR |
CUP |
|
M |
45' |
100' |
AR |
AR |
AR |
AR |
CUP |
|
FW |
NA |
100' |
AR |
AR |
AR |
AR |
CUP |
|
LI |
35' |
65' |
AR |
AR |
AR |
AR |
CUP |
RS = Residential – Single-Family
RM = Residential – Multifamily
GC = General Commercial
RO = Residential/Office
M = Manufacturing
FW = Floodway
CB = Central Business
LI = Light Industrial
HC = Highway Commercial
AR = Administrative Review
CUP = Conditional Use Permit Review
(Ord. 1400 § 2, 2006)