Chapter 17.75
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES
Sections:
17.75.050 Recognition of industry site selection criteria.
17.75.060 Site selection criteria.
17.75.070 Priority of locations and application submittal requirements.
17.75.080 Siting priority on public property.
17.75.100 Wireless communications facilities in R-1, R-2, R-3 and M-C zones.
17.75.110 Wireless communications facilities in S-C, P-C, H-I and D-C zones.
17.75.140 Inspection requirements.
17.75.150 Landscaping/screening.
17.75.160 Non-use/abandonment.
17.75.010 Purpose.
(1) These standards were developed to protect the public health, safety and welfare, to protect property values and minimize visual impact while furthering the development of enhanced telecommunication services in the city. These standards were designed to comply with the Telecommunications Act of 1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or 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.
(2) To the extent that any provision of this chapter is inconsistent or conflicts with any other city ordinance, this chapter shall control. Otherwise, this chapter shall be construed consistently with the other provisions and regulations of the city.
(3) 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. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The city shall approve, approve with conditions, or deny the application in accordance with this chapter and in accordance with the general purpose of the adopted Clarkston Comprehensive Plan and other applicable ordinances. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.010.]
17.75.020 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words and phrases defined in this chapter shall have the indicated meanings:
“Abandonment” means: (a) to cease operation for a period of 60 or more consecutive days; (b) to reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days; (c) to relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or (d) to reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.
“Antenna” means any existing poles, panels, rods, reflecting discs or similar devices used for the transmission or receipt of radio or electromagnetic frequency signals, including:
(a) Antenna. An antenna installed inside a non-antenna structure, or camouflaged to appear as a non-antenna structure.
(b) Directional Antenna (Also Known as “Panel” Antenna). An antenna which transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.
(c) Monopole. A one-piece antenna support structure with removable climbing rungs.
(d) Omni-Directional Antenna (Also Known as a “Whip” Antenna). Antenna which transmits and receives radio frequency signals in a 360-degree radial pattern. Does not include antenna utilized specifically for television reception.
(e) Parabolic Antenna (Also Known as a Dish Antenna). An antenna which is a bowl-shaped device for the reception and/or transmission of radio frequency communication signals in a specific directional pattern.
(f) Stealth Antenna. An antenna that is incorporated with another structure or existing building in order to camouflage the antenna.
“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 such 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, relocate or remove a personal wireless service facility within the city.
“Camouflaged” means a personal wireless service facility that is disguised, hidden or blends into the surrounding environment in a fashion which minimizes the visual and aesthetic impact of the structure and reduces or obscures the structure by means of coloration, design, materials, or its incorporation into another nontelecommunications facility, i.e., trees, flagpoles, buildings, etc. The approval authority shall include but not be limited to the factors described herein, when considering the degree of camouflage necessary to meet any requirements set forth in this chapter.
“Cell site” or “site” means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory buildings and parking, and may include other uses associated with and 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.
“Conditional use” means a use permitted in one or more classifications as defined by this chapter, but which use, because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because the exact location with reference to surroundings, streets and existing improvements or demand upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be harmful to the public interest.
“Conditional use permit” or “CUP” means the documents of authority granted by the hearing examiner to locate a conditional use at a particular location.
“COW” means “cell on wheels.”
“Design” means the appearance of personal wireless service facilities, including such WCF features as their materials, colors and shape.
“EIA” means the Electronics Industry Association.
“Equipment shelter or enclosure” means a structure, shelter, cabinet or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, back-up power supplies and emergency generators.
“FAA” means the Federal Aviation Administration.
“FCC” means the Federal Communications Commission.
“Governing authority” means the city council of the city of Clarkston.
“Hearing examiner” means the duly appointed hearing examiner of the city.
“Modification” means the changing of any portion of a facility such as personal wireless service facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design.
“Mount” means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:
(a) Building Mounted. A personal wireless service facility mount fixed to the roof or side of a building.
(b) Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a tower.
(c) Structure Mounted. A personal wireless service facility fixed to a structure other than a building, such as light standards, electrical transmission towers, utility poles and bridges.
“P.C.S.” means personal communication services.
“Personal wireless service,” “personal wireless service facilities” and “facilities,” used in this chapter, shall be defined in the same manner as in 47 USC 32(c)(7)(C), as they may be amended now or in the future and include facilities for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radios, and other wireless services licensed by the FCC and unlicensed wireless services.
“Provider” means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides personal wireless service over personal wireless service facilities.
“Screening” as pertaining to personal wireless telecommunication facility such as a tower or mount placed amongst and adjacent to (within 20 feet) three or more trees as least 85 percent of the height of the facility.
“Secondary use” means a use subordinate to the principal use of the property, such as commercial, residential, utilities, etc.
“Security barrier” means a wall, fence or berm that has the purpose of sealing a personal wireless service facility from unauthorized entry or trespass.
“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities, including radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, or personal communications services towers, alternative tower structures, and the like.
“Unlicensed wireless service” means commercial mobile services that operate on public frequencies and do not need a FCC license.
“WCF” means wireless communication facilities. [Ord. 1340, 2001; Ord. 1329 § 8, 2000. Code 1966 § 17.18.020.]
17.75.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
(1) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC;
(2) Antennas and related equipment no more than three feet in height that are being stored, shipped or displayed for sale;
(3) Radar systems for military and civilian communication and navigation;
(4) Wireless radio utilized for temporary emergency communications in the event of a disaster;
(5) Licensed, amateur (HAM) radio station antennas, subject to height regulations as per Figure 2 at the end of this chapter;
(6) Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property;
(7) 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;
(8) Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until 14 calendar days after the completion of such emergency activity;
(9) A COW or other temporary personal wireless telecommunications facility shall be permitted for a maximum of 30 days or during the time of an emergency declared by the city. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.030.]
17.75.040 Policy statement.
(1) The city, with increasing frequency, has been confronted with requests to locate towers and antennas. The purpose of this chapter is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to: (i) enhance the ability of personal wireless service providers to provide such services throughout the city quickly, effectively and efficiently; (ii) encourage personal wireless service providers to locate towers and antennas in nonresidential areas; (iii) encourage personal wireless service providers to co-locate on new and existing tower sites; (iv) encourage personal wireless service providers to locate towers and antennas, to the extent possible, in areas where the adverse impact on city residents is minimal; and (v) encourage personal wireless service providers to configure towers and antennas in a way that minimizes any significant adverse visual impact. Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
(a) To manage the location of towers and antennas in the city;
(b) To protect residential areas and land uses from potential adverse impacts of towers;
(c) To minimize adverse visual impacts of towers through careful design, siting, landscape screen and innovative camouflaging techniques;
(d) To accommodate an increased need for towers to serve the wireless communication needs of city residents;
(e) To promote and encourage co-location on existing and new towers as an option rather than construction of additional single-use towers, and to reduce the number of such structures needed in the future;
(f) To consider the public health and safety of towers to the extent permitted by the Telecommunications Act of 1996; and
(g) To avoid potential damage to adjacent properties through sound engineering practices and the proper siting of antenna support structures.
(2) New Uses. All new antennas shall comply with this chapter after the date of passage.
(3) Existing Uses. All towers and antennas existing on the date of passage of this chapter shall be allowed to continue as they presently exist, but will be considered legal nonconforming uses. Routine maintenance shall be permitted on existing towers and antennas. However, new construction other than routine maintenance on existing towers, antennas, buildings or other facilities shall comply with the requirements of this chapter. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.040.]
17.75.050 Recognition of industry site selection criteria.
In establishing a new site, the industry requires a location that is technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired areas of service. Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority:
(1) Topography as it relates to line-of-sight transmissions for optimum efficiency in telephone service;
(2) Availability of road access;
(3) Availability of electric power;
(4) Availability of land-based telephone lines or microwave link capability;
(5) Leasable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations;
(6) Screening potential of existing vegetation, structures and topographic features;
(7) Zoning that will allow low power mobile radio service facilities;
(8) Compatibility with existing and future adjacent land uses;
(9) The least number of sites to cover the desired area;
(10) The greatest amount of coverage, consistent with physical requirements;
(11) Opportunities to mitigate possible visual impacts;
(12) Availability of suitable existing structures for antenna mounting. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.050.]
17.75.060 Site selection criteria.
(1) Any applicant proposing to construct an antenna support structure, or mount an antenna on an existing structure, shall demonstrate by engineering evidence that the antenna must be located at the site to satisfy its function in the applicant’s local grid system. Further, the applicant must demonstrate by engineering evidence that the height requested is the minimum height necessary to fulfill the site’s function within the grid system.
(2) Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the support structure.
(3) Low power mobile radio service facilities shall be located and designed to minimize any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.
(4) In all zones, location and design of facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact within the zone district. In all zones, towers shall be significantly screened by placing them in or near trees to the extent that it does not result in significant signal degradation. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.060.]
17.75.070 Priority of locations and application submittal requirements.
(1) Priority of Locations. The priorities for locating new personal wireless service facilities shall be as follows:
(a) Place antennas and towers on public property, if practical.
(b) Place antennas on appropriate rights-of-way and existing structures, such as buildings, towers, water towers, smokestacks and electrical transmission towers.
(c) Place antennas and towers on other nonresidential property.
(2) Application Submittal Requirements.
(a) The information submitted by the applicant shall include: (i) a map of the area to be served by the tower or antenna; (ii) a map showing the proposed facility ordinance and its relationship to other cell sites in the applicant’s network; (iii) an evaluation of existing buildings and/or structures taller than 30 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; and (iv) computerized accurate photo simulations of proposed location of WCF as visually seen from appropriate public locations and nearby residences shall be provided when requested.
(b) A conditional use permit (CUP) is required for all personal wireless facilities over 35 feet in height located in a residential zone and for monopoles taller than 60 feet in height but less than 110 feet in height in S-C, P-C and D-C zones, unless they are a camouflaged facility. A CUP shall be required for a camouflaged wireless communication facility when the structure is more than 110 feet in height. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.070.]
17.75.080 Siting priority on public property.
(1) Where public property is sought to be utilized by an applicant, priority for the use of city-owned land for wireless antennas and towers will be given to the following entities in descending order:
(a) City of Clarkston;
(b) Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city, and private entities with a public safety agreement with the city;
(c) Other governmental agencies, for uses which are not related to public safety; and
(d) Entities providing licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), data, Internet, paging and similar services that are marketed to the general public.
(2) Minimum Requirements.
(a) The facilities will not interfere with the purpose for which the city-owned property is intended;
(b) The facilities will have no significant adverse impact on surrounding private property;
(c) The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The city shall establish fees after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors;
(d) The applicant will submit a letter of credit, performance bond, or other security acceptable to the city to cover the costs of removing the facilities after abandonment;
(e) The antennas or tower will not interfere with other users who have a higher priority as discussed in this section;
(f) The lease shall provide that the applicant must agree that, in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the city may require the applicant to remove the facilities at the applicant’s expense;
(g) The applicant must reimburse the city for any related costs which the city incurs because of the presence of the applicant’s facilities;
(h) The applicant must obtain all necessary land use approvals; and
(i) The applicant must cooperate with the city’s objective to encourage co-locations and thus limit the number of cell sites requested, or camouflage the site and/or facility.
(3) Required Submittals.
(a) Application for a conditional use permit, administrative use permit, building permit, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to requirements of city ordinances and any other applicable ordinance(s);
(b) Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances;
(c) 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;
(d) A signed statement indicating that (i) the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional personal wireless service facilities by other providers on the applicant’s structure or within the same site location, and (ii) the applicant and/or landlord agree to remove the facility within 60 days after abandonment;
(e) Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirements for an environmental assessment;
(f) A site plan clearly indicating the location, type and height of the proposed tower and antenna, 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 tower, and any other proposed structures;
(g) A current map and aerial photograph showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city;
(h) Legal description of the parcel, if applicable;
(i) The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;
(j) A landscape plan showing specific landscape materials;
(k) Method of fencing and finished color, and, if applicable, the method of camouflage and illumination;
(l) A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA standards, and all other applicable federal, state and local laws and regulations;
(m) A statement by the applicant as to whether construction of the tower will accommodate co-locations of additional antennas for future users;
(n) Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
(o) The telecommunications company must demonstrate that it is licensed by the FCC, if required to be licensed under FCC regulations;
(p) 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;
(q) A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this chapter. The site plan shall not be required if the antenna is to be mounted on an existing structure; and
(r) At the time of site selection, the applicant shall demonstrate how the proposed site fits into its overall network within the city. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.080.]
17.75.090 Co-location.
To minimize adverse visual impacts associated with the proliferation of towers, co-location of personal wireless service facilities on existing or new towers is encouraged as follows:
(1) Proposed facilities may, and are encouraged to, co-locate onto existing towers. Such co-location is permitted outright, and new or additional conditional use permit approval is not required, except that any other permit, license, lease or franchise requirements must be satisfied, and the co-location must be accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this chapter.
(2) The conditional use permit requirement for a facility may be waived in nonresidential zones if the applicant locates the antenna on an existing structure or an existing tower. The applicant must submit detailed plans to the planning department for an administrative use permit to determine if the conditional use permit process and public hearing can be waived. No building permit will be issued until approval is granted by an administrative use permit or conditional use permit.
(3) The city may deny an application to construct new facilities if the applicant has not shown by substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or tower.
(4) To reduce the number of antenna support structures needed in the city in the future, new proposed support structures shall be designed to accommodate antennas for one or more users, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.
(5) Unless co-location is not feasible: (i) an applicant’s site plan shall reserve an area for other providers’ equipment near the base of the applicant’s tower. A first right-of-refusal (which is either executed or maintained while the provider’s personal wireless facilities and services are in use) to lease the area at the base of the tower or mount for other providers will meet the reservation requirement; and (ii) the site plan for towers in excess of 100 feet above ground level must propose space for a minimum of two comparable providers, while the site plan for towers 100 feet or less must propose space for one or more comparable providers. To provide further incentive of co-location, an existing tower may be modified as a matter of right to accommodate co-location without new or additional CUPs, provided the additional antenna shall be of the same type as that on the existing tower, unless additional height requires a conditional use permit and the following conditions are met:
(a) Height. An existing tower may be modified or rebuilt to a taller height, not to exceed 20 feet over the tower’s existing height and subject to the other provisions of this chapter.
(b) Except as set forth herein, no signs, banners or similar devices or materials may be attached to the tower, antenna support structures or antennas.
(6) While co-location and the requirements herein are encouraged, co-location shall not take precedence over the construction of shorter towers with appropriate screening. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.090.]
17.75.100 Wireless communications facilities in R-1, R-2, R-3 and M-C zones.
Wireless communications facilities permitted as principal or accessory uses are subject to the provisions of this chapter and the following requirements:
(1) Accessory antenna devices, parabolic antennas two feet in diameter or less, omni-directional antennas less than six feet in length, directional antennas five feet or less in height with a combined surface area of not more than 580 inches as viewed from any one point, and camouflage antennas are permitted subject to the design criteria set forth in CMC 17.75.120 and subject to the following criteria:
(a) The antenna is attached to an existing structure; and
(b) The antenna does not extend more than 10 feet above the top of the structure.
(2) Freestanding parabolic antennas greater than two feet in diameter and associated support structure are subject to the design criteria set forth in CMC 17.75.120 and subject to meeting the following criteria:
(a) The antenna and associated support structure are not located within any required landscaped setbacks, front or side yard setback, or in the area located between the front setback line and the front of the building; and
(b) The antenna and associated support structure does not extend more than 10 feet above the adjoining grade.
(3) Attached or freestanding antennas and associated support structures which are not specifically permitted under subsection (1) or (2) of this section or which exceed the associated criteria shall comply with the following requirements:
(a) The antenna and support structure shall be subject to the maximum building height for the corresponding zone in which it is located. Such height restriction shall not be subject to granting of a variance;
(b) The antenna and associated support structure shall not be located within any required landscaped setback, front or side yard setback, or in the area located between the front setback line and the front of the building;
(c) The antenna and associated structure shall comply with required building setbacks and shall be set back from the required side yard and rear yard setbacks an additional one foot for each foot of height over 10 feet; and
(d) No more than one freestanding support structure shall be permitted per lot. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.100.]
17.75.110 Wireless communications facilities in S-C, P-C, H-I and D-C zones.
Wireless communications facilities permitted as principal or accessory uses or by conditional use permit are subject to the provisions of this chapter and the following requirements:
(1) Facilities as an Accessory Use in S-C, P-C, H-I and D-C Zones. The following facilities are permitted as accessory uses in S-C, P-C, H-I and D-C zones subject to other provisions of this chapter and the following requirements:
(a) Attached accessory antenna devices, parabolic antennas two feet or less in diameter, omni-directional antennas six feet or less in length, directional antennas five feet or less in height with a combined surface area of not more than 580 square inches as viewed from any one point, and stealth antennas, and shall not extend more than 15 feet above the roof surface of the structure;
(b) Attached parabolic antennas greater than two feet in diameter, omni-directional antennas greater than six feet in length, and directional antennas greater than five feet in height with a combined surface area of more than 580 square inches as viewed from any one point, and stealth antennas shall also comply with the following requirements:
(i) The antenna and associated support structure shall be set back two feet from any exterior building wall for every one foot of height measured from the surface of the roof, except when incorporated as an architectural feature of the building or screened from view from any public right-of-way or residential zone. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.110.]
17.75.120 Design criteria.
(1) As provided in this chapter, new facilities shall be designed to accommodate co-location, unless applicant demonstrates why such design is not feasible for economic, technical or physical reasons.
(2) Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.
(a) Setback. A tower’s setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to 100 percent of tower height as measured from ground level, except for unusual geographic limitations or other public policy considerations, as determined in the city’s sole discretion. All other towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the city.
Such considerations shall include by way of illustration and not limitation, but are not limited to:
(i) Impact on adjacent properties;
(ii) Alternative sites for personal wireless facilities; and
(iii) The extent to which screening and camouflaging will mitigate the effects of the personal wireless facilities.
(b) Right-of-Way Setback Exception. The setback requirement set forth in CMC 17.15.020, which is the clear-vision area requirement, should be adhered to unless a waiver can be justified to the hearing officer with regard to antennas and antenna support structures located in the city right-of-way.
(c) Color. Towers shall have a color generally matching the surroundings or background that minimize their visibility, unless a different color is required by the FCC or FAA.
(d) Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Lighting utilized for emergency needs shall be limited for on-site projection. No off-site direct lighting shall be allowed.
(e) Equipment Structures. Ground level equipment, buildings, and the tower base shall be screened from public view. The standards for the equipment buildings are as follows:
(i) The maximum floor area is 300 square feet and the maximum height is 12 feet. Except in unusual circumstances or for other public policy considerations, the equipment building may be located no more than 250 feet from the tower or antenna. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures.
(ii) Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means, as specified herein or in other city ordinances.
(iii) Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antennas may also be located within the building on which the antenna is mounted.
(iv) In instances where equipment buildings are located in residential zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures.
Equipment buildings, antennas, and related equipment shall occupy no more than 25 percent of the total roof area of the building the facility is mounted on, which may vary in the city’s sole discretion if co-location and an adequate screening structure is used.
The use must be approved in a site plan or final development plan, as applicable.
(v) In instances where equipment structures are located in residential zones or adjacent to existing residential land uses, and if the equipment structure houses motorized or electric equipment, airborne sound transmission control in the form of acoustical insulation may be required to abate sound transmission for all exterior walls and roof-ceiling assemblies.
(f) Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this chapter shall bring their towers and antennas into compliance with the revised standards and regulations within three months of their effective date or the time lines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the city to remove a provider’s facilities at the provider’s expense.
(g) Building Codes – Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within 30 days, the city may remove the tower at the owner’s expense.
(h) Structural Design. Towers shall be constructed to EIA standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested.
(i) Fencing. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Access to the tower shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by a minimum eight-foot-wide landscaping strip.
(j) Tower and Antenna Height. The applicant shall demonstrate that the tower and antenna is the minimum height required to function satisfactorily. No tower or antenna that is taller than this minimum height shall be approved. No tower or mount shall exceed 50 feet in R-1, R-2, R-3 and M-C zones, and a maximum of 110 feet in the S-C, D-C, and I‑D zones, unless they are approved as a camouflaged facility. The approval authority to determine whether a facility meets the appropriate level of camouflage shall be the public works director, who shall make his/her recommendation based upon the merits of the application, taking into account all other criteria set forth in this section.
(k) Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(l) Required Parking. If a cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city. Security fencing should be colored or should be of a design which blends into the character of the existing environment.
(m) Tower Separation. In no case shall towers be located closer than one-half mile from another tower whether it is owned or utilized by applicant or another provider, unless the city designates areas where multiple towers can be located in closer proximity.
(n) Antenna Criteria. Antenna on or above a structure shall be subject to the following:
(i) The antenna shall be architecturally compatible for the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact.
(ii) The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible or camouflaged as windows or other portion of the building and shall not project above the wall on which it is mounted unless it must be for technical reasons. In no event shall an antenna project more than 16 feet above the roof line, including parapets.
(iii) 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.
(iv) The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure.
(v) If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.
(vi) The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.
(vii) Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The city, in the city’s sole discretion, must evaluate the effectiveness of visual mitigation techniques.
(viii) For installations or buildings greater than 30 feet in height, see other applicable provisions of this chapter. In addition to the other requirements of this chapter, on buildings 30 feet or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied (refer to Figure 2 at the end of this chapter for height limitations):
(A) The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.
(B) No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein.
(C) The antenna or antennas and related base stations cover no more than an aggregate total of 25 percent of the roof area of a building, and a dead weight load of 25 pounds per square foot, which may vary in the city’s sole discretion, if co-locating and an adequate screening structure are used.
(D) Roof-mounted antennas and related base stations are completely screened from view by materials that are consistent and compatible with the design, color and materials of the building.
(E) No portion of the antenna may exceed 16 feet above the height of the existing building.
(ix) If a proposed antenna is located on a building or lot subject to a site review, approval is required prior to the issuance of a building permit.
(x) No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate co-location with competitors. If a dispute arises about the feasibility of co-locating, the city zoning official may require a third party technical study, at the expense of either or both parties, to resolve the dispute.
(xi) No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation but prior to putting the antenna in service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is co-located with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the co-location.
(xii) No antenna shall cause localized interference with the reception of any other communications signals, including but not limited to public safety, television, and radio broadcast signals.
(xiii) No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this chapter. [Ord. 1340, 2001; Ord. 1329 § 8, 2000. Code 1966 § 17.18.120.]
17.75.130 Permits required.
Where a tower or antenna support structure will be 60 feet or less in height, in addition to the other provisions of this chapter, an applicant will be required to obtain an administrative use permit. In the event that a proposed tower or antenna support structure will be more than 60 feet in height, in addition to the other provisions of this chapter, an applicant will be required to obtain a conditional use permit unless a camouflaged WCF is approved less than 110 feet in height. No CUP will be required of camouflaged structures taller than 110 feet in height. Facilities taller than 110 feet in height shall be required to obtain a CUP. With respect to the placement of antenna on a tower or antenna support structure, the requirements for a conditional use permit or administrative use permit will be applicable based on the height of the tower and antenna or mount and antenna unless this chapter provides other requirements to the contrary.
The following table specifies the permits required for the various types of personal wireless service facilities that meet the standards of this chapter:
|
Type of Facility |
Building |
CUP |
Administrative Use |
|
Towers less than 50 feet in height |
X |
X* |
X |
|
Structure-mounted wireless facilities |
X |
X |
X |
|
Building-mounted wireless facilities |
X |
X |
X |
|
Noncamouflaged towers more than 50 feet in height |
X |
|
|
|
Camouflaged towers 50 to 110 feet in height |
X |
|
X |
|
Camouflaged towers more than 110 feet in height |
X |
|
* See CMC 17.75.010 for requirements in residential zones.
(See Figure 2 for height limits per freestanding antenna facilities by zone.)
To meet the standards of this chapter, a personal wireless service facility must also comply with the other requirements under this chapter and with the following:
For an antenna attached to the roof or sides of a building at least 30 feet in height, an existing tower, a water tank, or a similar structure:
(1) The antenna must be either:
(a) An omni-directional or whip antenna no more than seven inches in diameter and extending no more than 16 feet above the structure to which it is attached; or
(b) A panel antenna no more than two feet wide and six feet long, extending above the structure to which it is attached by no more than 10 feet.
(2) Camouflaged antennas mounted as part of an existing structure do not require an administrative use permit, but may be permitted following an administrative review with this chapter and other city regulations.
(3) Antenna, antenna arrays, and support structures not on publicly owned property shall not extend more than 16 feet above the highest point of the structure on which they are mounted. The antenna, antenna arrays, and their support structures shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to withstand a wind force of 100 miles per hour without the use of supporting guy wires. The antenna, antenna array, and their support structure shall be a color that blends with the structure on which they are mounted.
(4) Setback from Street. Unless there are unusual geographic limitations or other public policy considerations, as determined in the city’s sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located unless otherwise waived or exempt.
(5) Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached.
(6) To the extent that antennas are attached to electric, telephone or similar existing streetlight poles and such antennas are no more than two feet in height, administrative use and building permit review will be required, but such antennas shall not be subject to setbacks and screening requirements. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.130.]
17.75.140 Inspection requirements.
Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC standards and, within 60 days of the inspection, file a report with the zoning official. Submission of a copy of FCC required, and duly filed, safety inspection report, or the facility operator’s maintenance reports for the prior 12 months in the event no FCC report is required for such year, shall satisfy the requirements of this section. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.140.]
17.75.150 Landscaping/screening.
(1) Landscaping. Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, or camouflaged as part of the building and other equipment is housed inside an existing structure, landscaping shall not be required.
(2) Screening. The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements.
(a) A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall be planted around the perimeter of the fence; and
(b) A continuous hedge at least 36 inches high at planting capable of growing to at least 49 inches in height within 18 months shall be planted in front of the tree line referenced above;
(c) In the event that landscaping is not maintained at the required level, the city, after giving 30 days’ advance written notice, may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.150.]
17.75.160 Non-use/abandonment.
(1) Abandonment. No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the city by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a licensed carrier fails to give notice, the facility shall be considered abandoned upon the city’s discovery of the discontinuation of operation. Upon such abandonment, the provider shall have 60 days or additional period of time determined in the reasonable discretion of the city within which to:
(a) Reactivate the facility, or transfer the facility to another provider who makes actual use of the facility; or
(b) In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the effective radiated power of the antenna or reduction in the number of transmissions from the antenna, the operator of the tower shall have six months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower, which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes that are made to personal wireless facilities, and which do not diminish their essential role in providing a total system, shall not constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of the providers’ towers in the city or surrounding area, then all of the towers within the city shall similarly be reduced in height;
(c) Dismantle and Removal of Facility. If the tower, antenna, foundation, and facility are not removed within the 60 days’ time period or additional permit of time allowed by the city, the city may remove such tower, antenna, foundation, and related facility at the provider’s expense. If there are two or more providers co-locating on a facility, except as provided for in subsection (2) of this section, this provision shall not become effective until all providers cease using the facility;
(d) At the earlier of 60 days from the date of abandonment without reactivating or upon completion of dismantling and removal, city approval for the facility shall automatically expire. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.160.]
17.75.170 Third party review.
Personal wireless service providers use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of their services and low power mobile radio service facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, a third party expert may be needed to review the technical data submitted by a provider. The city may require a technical review as part of a permitting process. The cost of the technical review shall be borne by the provider.
The selection of the third party expert may be by mutual agreement between the provider and the city, or, at the discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and review the expert’s qualifications. The expert review is intended to address interference and public safety issues and be a site-specific review of technical aspects of the facility or a review of the provider’s methodology and equipment used and not a subjective review of the site which was selected by a provider. Based on the results of the expert review, the city may require changes to the provider’s application. The expert review shall address the following:
(1) The accuracy and completeness of submissions;
(2) The applicability of analysis techniques and methodologies;
(3) The validity of conclusions reached; and
(4) Any specific technical issues designated by the city. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.170.]
17.75.180 Remedies.
(1) Any person violating any of the provisions of this chapter upon conviction shall be punishable by a fine not to exceed $1,000 or by imprisonment for a period of up to 90 days, or by both such fine and imprisonment, for each day during which an offense occurs.
(2) In addition to receiving any monetary remuneration, the city shall have the right to seek injunctive relief for any and all violations of this chapter, and all other remedies provided at law or in equity. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.180.]
17.75.190 Severability.
If any section, sentence, clause or phrase of this chapter shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. [Ord. 1329 § 8, 2000. Code 1966 § 17.18.190.]
Figure 1 – Wireless Communication Facilities Located in R-1, R-2, R-3, and M-C Zones
Note: Only one freestanding antenna structure permitted per lot.
Figure 2