23C.17.100 Findings Required for Approval

A.    No wireless telecommunications facilities shall be located in any zoning district unless the Zoning Adjustments Board or the Zoning Officer approves a Use Permit or Administrative Use Permit pursuant to the findings set forth in this Section and in Sections 23B.28.050.A and 23B.32.040.A, as applicable. However, a finding under Sections 23B.28.050.A and 23B.32.040.A shall not be based on aesthetic impacts if the proposed facility would not be readily visible, or on any other matter that the City is prohibited from considering by the Telecommunications Act of 1996.

1.    The Zoning Officer may approve an Administrative Use Permit for:

a.    Microcell facilities in any zoning district,

b.    Modifications to existing sites in non-residential zoning districts, and

c.    Additions to existing sites in non-residential zoning districts when the site is not adjacent to a residential district.

2.    All other new or modified wireless telecommunications facilities shall require the approval of a Use Permit by the Zoning Adjustments Board except as provided in Sections 23B.56.020 and 23C.17.050D.

B.    In order to approve any Use Permit or Administrative Use Permit under this chapter, the Zoning Adjustments Board or the Zoning Officer must make the following findings:

1.    that the proposed project is consistent with the general requirements of this chapter and any specific requirements applicable to the proposed facility;

2.    that the proposed antenna or related facility, operating alone and in conjunction with other telecommunications facilities, will comply with all applicable state and federal standards and requirements; and either:

a.    will not be readily visible; or

b.    will be readily visible, but it is not feasible to incorporate additional measures that would make the facility not readily visible;

3.    that the facility is necessary to prevent or fill a significant gap in coverage or capacity shortfall in the applicant’s service area, and is the least intrusive means of doing so. The findings in this subsection are not required for microcell facilities; and

4.    that the wireless carrier is in compliance with Section 23C.17.090 A1 and 2 of this ordinance. If a wireless carrier has not provided the information and certifications required by Section 23C.17.090A1 and 2, the wireless carrier may cure noncompliance by providing current contact information and certification statements for any sites which have been deemed to be not current.

C.    The Zoning Adjustments Board or the Zoning Officer may approve establishment of a satellite dish or parabolic antenna exceeding 39 inches in diameter, only after finding that a smaller or different antenna cannot feasibly accomplish the provider’s technical objectives and that the facility will not be readily visible.

D.    All findings must be based on substantial information in the record such as, where required, technical analysis by an approved radio frequency engineer, calculations by a State-licensed structural engineer, or other evidence. (Ord. 7073-NS § 1, 2009)