4-4-140 WIRELESS COMMUNICATION FACILITIES:
A. PURPOSE:
The purpose of this Section is to establish general guidelines for the siting of wireless communications facilities, including towers and antennas.
B. GOALS:
The goals of this Section are to:
1. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;
2. Encourage strongly the joint use of new and existing tower sites;
3. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
4. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and
5. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
C. EXEMPTION FOR AMATEUR RADIO, RECEIVE ONLY ANTENNAS:
This Section shall not govern any tower, or installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.
D. ADMINISTERING AND ENFORCING AUTHORITY:
The Community and Economic Development Administrator or designee is responsible for the general administration and coordination of this Section. (Ord. 5450, 3-2-2009)
E. COMPLIANCE WITH TELECOMMUNICATIONS ACT OF 1996:
The Federal Telecommunications Act of 1996 requires the City to comply with the following conditions:
1. The City zoning requirements may not unreasonably discriminate among wireless telecommunication providers that compete against one another.
2. The City zoning requirements may not prohibit or have the effect of prohibiting the provision of wireless telecommunications service.
3. The City must act within a reasonable period of time on requests for permission to place or construct wireless telecommunications facilities.
4. A decision by the City denying a request for permission to install or construct wireless telecommunications facilities must be in writing and must be based on evidence in a written record.
5. If a wireless telecommunications facility meets technical emissions standards set by the FCC, it is presumed safe. The City may not deny a request to construct a facility on grounds that its radio frequency emissions would be harmful to the environment or the health of residents if those emissions meet FCC standards.
F. STANDARDS AND REQUIREMENTS FOR ALL TYPES OF WIRELESS COMMUNICATIONS FACILITIES:
1. Equipment Shelters or Cabinets:
a. Location: Accessory equipment facilities used to house wireless communication equipment and associated cabling should be located within buildings or placed underground when possible. However, in those cases where it can be demonstrated by the applicant to the reviewing official that the equipment cannot be located in buildings or underground, equipment shelters or cabinets shall be screened and/or landscaped to the satisfaction of the reviewing official.
b. Landscaping and Screening: Landscaping, for accessory equipment located on private property, shall include a minimum fifteen foot (15') sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building need not be landscaped but shall be enclosed so as to be shielded from view. Accessory equipment located on public right-of-way shall be screened and/or landscaped as determined by the reviewing official through the conditional use permit process. Accessory equipment facilities may not be enclosed with exposed metal surfaces.
c. Size: The applicant must provide documentation to the reviewing official that the size of any accessory equipment is the minimum possible necessary to meet the provider’s service needs.
2. Visual Impact: Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the communications equipment. Wireless communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.
3. Maximum Noise Levels: No equipment shall be operated so as to produce noise in levels above forty-five (45) dB as measured from the nearest property line on which the attached wireless communication facility is located. Operation of a back-up power generator in the event of power failure or the testing of a back-up generator between eight o’clock (8:00) a.m. and nine o’clock (9:00) p.m. are exempt from this standard. No testing of back-up generators shall occur between the hours of nine o’clock (9:00) p.m. and eight o’clock (8:00) a.m.
4. Fencing: Security fencing, if used, shall be painted or coated with nonreflective color. Fencing shall comply with the requirements listed in RMC 4-4-040, Fences and Hedges.
5. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site.
6. Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. Antenna arrays may be located on previously approved signs or billboards without alteration of the existing advertising or sign.
7. Building Standards: Wireless communication support structures shall be constructed so as to meet or exceed the most recent Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled: “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Prior to issuance of a building permit the Building Official shall be provided with an engineer’s certification that the support structure’s design meets or exceeds those standards.
8. Radio Frequency Standards: The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review the City finds that the WCF interferes with such reception, and if such interference is not remedied within thirty (30) days, the City may revoke or modify this permit.
9. Special Requirements for Equipment Shelters/Cabinets within the Public Right-of-Way: All equipment and cabinets within public right-of-way are subject to the approval to the Development Services Division and shall be as small and unobtrusive as is practicable. (Ord. 5241, 11-27-2006)
G. STANDARDS FOR SPECIFIC TYPES OF WIRELESS FACILITIES:
For definitions of specific types of wireless communication facilities, see RMC 4-11-230. Development standards for specific types of wireless communication facilities shall be as follows:
STANDARDS FOR SPECIFIC TYPES OF WIRELESS COMMUNICATION FACILITIES
In addition to individual zone requirements unless otherwise specified below
|
|
MICRO |
MINI |
MACRO FACILITY |
MONOPOLE I |
MONOPOLE II |
LATTICE |
|
Location on Buildings |
A Micro Facility shall be located on existing buildings, poles or other existing support structures. A Micro Facility may locate on buildings and structures; provided, that the interior wall or ceiling immediately adjacent to the facility is not designated residential space. |
A Mini Facility may be located on buildings and structures provided that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space. |
A Macro Facility may be located on buildings and structures provided that the immediate interior wall or ceiling to the facility is not a designated residential space. |
NA |
NA |
NA |
|
Maximum Height and Area |
All wireless communication facilities and attached wireless communication facilities must comply with the Airport zoning regulations, as listed in RMC 4-3-020. Micro Facilities shall comply with the height limitation specified for all zones except as follows: Micro Facilities may exceed the height limitation by 6 feet, or in the case of existing structures the antennas may extend 6 feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. |
All wireless communication facilities and attached wireless communication facilities must comply with the Airport zoning regulations, as listed in RMC 4-3-020. Mini Facilities shall comply with the height limitation specified for all zones except as follows: Mini Facilities may exceed the height limitation by 10 feet, or in the case of existing structures the antennas may extend 10 feet above the existing structure. |
All wireless communication facilities and attached wireless communication facilities must comply with the Airport zoning regulations, as listed in RMC 4-3-020. Macro Facilities shall comply with the height limitation specified for all zones except as follows: Macro Facilities may exceed the height limitation by 16 feet, or in the case of existing structures the antennas may extend 16 feet above the existing structures. |
All wireless communication facilities and attached wireless communication facilities must comply with the Airport zoning regulations, as listed in RMC 4-3-020. Monopole I Facility Maximum Height: Less than 60 feet for all zones. Macro Facilities are the largest attached communication facilities allowed on a Monopole I Facility. |
All wireless communication facilities and attached wireless communication facilities must comply with the Airport zoning regulations, as listed in RMC 4-3-020. Monopole II Facility Maximum Height: 35 feet higher than the regular permitted maximum height for the applicable zoning district, or 150 feet, whichever is less. |
All wireless communication facilities and attached wireless communication facilities must comply with the Airport zoning regulations, as listed in RMC 4-3-020. Lattice Tower Facility Maximum Height: 35 feet higher than the regular permitted maximum height for the applicable zoning district, or 150 feet, whichever is less. |
|
Maximum Height and Area |
See above. |
Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. |
Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. |
Antennas equal to or less than 4 inches in diameter may be a component of a Monopole I Facility. |
Macro Facilities are the largest permitted attached wireless communication facilities allowed on a Monopole II facility. Antenna/Structure Height: Antennas that extend above the Monopole II wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure. |
Macro Facilities are the largest permitted attached wireless communication facilities allowed on a Lattice Tower. Antenna/Structure Height: Antennas that extend above the Lattice Tower wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure. |
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Maximum Antenna Projection Above Support Structure, Monopole, Tower or Building |
6 feet. |
10 feet. |
16 feet. |
16 feet. |
16 feet. |
16 feet. |
|
Color |
Shall be same color as the building, pole or support structure on which it is proposed to be located. |
Shall be same color as the building, pole or support structure on which it is proposed to be located. |
Shall be same color as the building, pole or support structure on which it is proposed to be located. |
NA |
NA |
NA |
|
Landscaping and Screening |
NA |
NA |
NA |
See subsection F of this Section, Standards. A minimum landscaping area of 15 feet shall be required surrounding the facility, or equivalent screening as approved by the Reviewing Official. Landscaping shall include trees, shrubs and ground cover. The required landscaped areas shall include an automated irrigation system. |
See subsection F of this Section, Standards. A minimum landscaping area of 15 feet shall be required surrounding the facility, or equivalent screening as approved by the Reviewing Official. Landscaping shall include trees, shrubs and ground cover. The required landscaped areas shall include an automated irrigation system. |
See subsection F of this Section, Standards. A minimum landscaping area of 15 feet shall be required surrounding the facility, or equivalent screening as approved by the Reviewing Official. Landscaping shall include trees, shrubs and ground cover. The required landscaped areas shall include an automated irrigation system. |
(Ord. 5241, 11-27-2006)
H. AIRPORT RESTRICTIONS – NOTICE TO FAA:
A Notice of Proposed Construction shall be submitted to the FAA a minimum of thirty (30) days prior to the issuance of any building permit for any wireless communication support structure or attached wireless communication facilities.
I. OBSOLESCENCE:
Any wireless communications facility or attached wireless communications facility that is no longer needed and its use is discontinued shall be reported immediately by service provider to the Administrator. Discontinued facilities shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair, and the site restored to its pre-existing condition. The Administrator may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner.
J. COLLOCATION REQUIRED:
1. Evaluation of Existing Support Structures: No new wireless communications support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that an existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.
b. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
c. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
d. 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.
e. 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 exceeding new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
2. Cooperation in Collocation Efforts: A permittee shall cooperate with other WCF providers in collocating additional antennas on support structures and/or on existing buildings provided said proposed collocators have received a building permit for such use at said site from the City. A permittee shall exercise good faith in collocating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level of impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the applicant and permittee.
3. Reasonable Efforts: All applicants shall demonstrate reasonable efforts in developing a collocation alternative for their proposal.
K. PERMIT LIMITATIONS:
1. Maintenance Required: The applicant shall maintain the WCF to standards that may be imposed by the City at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the City may undertake the maintenance at the expense of the applicant or terminate the permit, at its sole option.
2. Compliance with Federal Standards for Radio Frequency Emissions: The applicant shall comply with Federal (FCC) standards for radio frequency emissions. Within sixty (60) days after the issuance of its building permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compares the results with established Federal standards. Said report shall be subject to review and approval of the Administrator for consistency with Federal standards. If on review, the City finds that the WCF does not meet Federal standards, the City may revoke or modify this permit.
3. Notice to City of Change of Ownership: The applicant shall notify the Department of all changes in ownership or operation of the facility within sixty (60) days of the change. (Ord. 4666, 6-2-1997, Amd. Ord. 4689, 11-24-1997)
L. ALTERNATES, MODIFICATIONS, VARIANCES:
See RMC 4-9-250.
M. APPEALS:
See RMC 4-8-110. (Ord. 4722, 5-11-1998; Amd. Ord. 4963, 5-13-2002)