Chapter 18.110
WIRELESS COMMUNICATION FACILITIES
Sections:
18.110.020 Established – Intent.
18.110.040 Development standards.
18.110.080 Federal Communications Commission pre-emption.
18.110.090 Exempt modifications to existing installations.
18.110.010 Purpose.
The purpose of this chapter is to provide for a wide range of locations and options for siting of wireless communication facilities by encouraging creative approaches for locating such facilities, which will blend them in with their surroundings and minimize the potential for adverse visual aesthetic impacts. (Ord. 722 § 173, 1998)
18.110.020 Established – Intent.
The following performance standards and incentives are established to ensure proper siting of wireless communication facilities in accordance with the public health, safety, and general welfare. (Ord. 722 § 173, 1998)
18.110.030 Definitions.
The following definitions shall apply to this chapter:
A. “Accessory antenna device” means an antenna including, but not limited to, test mobile antennas and global positioning system (GPS) antennas which are less than 12 inches in height or width, excluding the wireless communication support structure.
B. “Antenna” means any system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of radio frequency signals.
C. “Antenna, directional” means an antenna which transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees (also known as a “pane” antenna).
D. “Antenna, omni-directional” means an antenna which transmits and receives radio frequency signals in a 360-degree radial pattern (also known as a “whip” antenna). For the purpose of this chapter, an “omni-directional antenna” shall be up to 15 feet in height and up to four inches in diameter.
E. “Antenna, parabolic” means a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern (also known as a “dish” antenna).
F. “Attached wireless communication facility” means a wireless communication facility that is affixed to an existing structure and such existing structure shall not be considered a component of the attached wireless communication facility.
G. “Co-location” means when more than one wireless communication provider mounts antenna equipment on a single wireless communication support structure (i.e., a “monopole”).
H. “Equipment shelter or cabinet” means a room, cabinet, or building used to house accessory equipment for wireless communication services.
I. “Guyed tower” means a wireless communication support structure which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. Guyed towers are used to support wireless communication antennas and related connecting equipment, the height of which shall be equal to or less than 150 feet.
J. “Lattice tower” means a wireless communication support structure which consists of metal crossed strips or bars to support wireless communication antennas and related connecting equipment, the height of which is equal to or less than 150 feet.
K. “Macro facility” means an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or up to four inches in diameter or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate as viewed from any single point.
L. “Micro facility” means an attached wireless communication facility which consists of antennas equal to or less than four feet in height (except omni-directional antennas which may be up to six feet in height), and with an area of not more than 580 square inches in the aggregate (e.g., a one-foot diameter parabola or a 2-foot by 1.5-foot panel) as viewed from any single point. The permitted antenna height includes the wireless communication support structure.
M. “Mini facility” means an attached wireless communication facility which consists of antennas equal to or less than 10 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 50 square feet in the aggregate as viewed from any single point.
N. “Monopole I” means a wireless communication support structure, the height of which shall not exceed 60 feet, erected to support wireless communication antennas and related connecting equipment.
O. “Monopole II” means a wireless communication support structure, the height of which is greater than 60 feet and equal to or less than 150 feet, erected to support wireless communication antennas and related connecting equipment.
P. “Related connecting equipment” means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such related connecting equipment may include, but is not limited to, cable, conduit, and connectors.
Q. “Transmission tower” means a free-standing structure, other than a building, on which wireless communication antenna devices and related connecting equipment are mounted. Examples include, but are not limited to, guyed towers, lattice towers, and monopoles.
R. “Wireless communication facility” means an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a wireless communication support structure, antennas (directional, omni-directional, or parabolic), and related connecting equipment.
S. “Wireless communication support structure” means the structure erected to support wireless communication antennas and related connecting equipment. Such “wireless communication support structure” types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles, guyed towers, or city-owned utility structures. (Ord. 722 § 173, 1998)
18.110.040 Development standards.
A. Micro Facilities.
1. Micro facilities shall be permitted in all zones.
2. A micro facility shall be located on existing buildings, poles or other existing support structures.
3. A micro facility may locate on an existing building or structure; provided, that the interior wall or ceiling immediately adjacent to the proposed facility is not designated as habitable space as defined by the Uniform Building Code.
4. Antennas equal to or less than four feet in height, including omni-directional antennas, shall be exempt from the height limitations of the zone in which they are located. Placement of any such antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
5. The micro facility antenna and related components shall be the same color as the existing building, pole, or support structure on which it is proposed to be located.
6. The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected above ground to house such equipment shelter or cabinet shall not exceed an area of 100 square feet.
B. Mini Facilities.
1. Mini facilities shall be permitted only in the following zones: multifamily (M-F), central commercial (C-C), commercial shopping center (C-S), diversified commercial (C‑D), commercial neighborhood (C-N), light industrial (L-I), business park (BP), and public/quasi-public (P/QP).
2. Mini facilities may be located on buildings or structures; provided, that the interior wall or ceiling immediately adjacent to the proposed facility is not designated as habitable space as defined by the Uniform Building Code.
3. The mini facility antenna and related components shall be the same color as the existing building, pole, or support structure on which it is proposed to be located.
4. The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected above ground to house such equipment shelter or cabinet shall not exceed an area of 100 square feet.
5. Mini facilities shall comply with the height limitation specified for the zone in which it is to be located, except that omni-directional antennas may exceed the height limitation by 10 feet, or in the case of nonconforming structures, such antenna may extend 10 feet above the existing structure. When affixed to the side of a nonconforming structure, an antenna of rod or panel design may exceed the height limit of the zone; provided, that it blends in architecturally with the building. Placement of any such antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
C. Macro Facilities.
1. Macro facilities shall be permitted only in the central commercial (C-C), commercial shopping center (C-S), diversified commercial (C-D), light industrial (L-I), business park (BP), and public/quasi-public (P/QP) zones. Macro facilities may be may also be permitted in other zones if attached to public buildings or located in a public right-of-way.
2. Macro facilities may be located on buildings or structures; provided, that the interior wall or ceiling immediately adjacent to the proposed facility is not designated as habitable space as defined by the Uniform Building Code.
3. The macro facility antenna and related components shall be the same color as the existing building, pole, or support structure on which it is proposed to be located.
4. The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected above ground to house such equipment shelter or cabinet shall not exceed an area of 200 square feet.
5. Macro facilities shall comply with the height limitation specified for the zone in which it is to be located, except that omni-directional antennas may exceed the height limitation by 15 feet, or in the case of nonconforming structures, such antenna may extend 15 feet above the existing structure. When affixed to the side of a nonconforming structure, an antenna of rod or panel design may exceed the height limit of the zone; provided, that it blends in architecturally with the building. Placement of any such antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
D. Monopole I.
1. Monopole I facilities shall require a conditional use permit pursuant to Chapter 18.80 DPMC, and such permit shall be available only in the central commercial (C-C), diversified commercial (C-D), light industrial (L-I), business park (BP), and public/quasi-public (P/QP) zones. A monopole I facility shall not be allowed in any other zoning classification. Site design, landscaping and/or other screening techniques deemed appropriate shall be duly considered as part of the conditional use permit process.
2. Macro facilities shall be the largest wireless communication facilities allowed on a monopole I wireless communication support structure.
3. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the monopole I wireless communication support structure. For example, a monopole I, as defined in this chapter, may be up to 60 feet in height, and a macro facility affixed thereto, as defined in this chapter, may be up to 15 in height, thereby allowing a maximum combined height for the monopole I wireless communication support structure and any affixed macro facility antennas of 75 feet.
4. Co-location on an existing monopole I support structure shall be permitted without an additional conditional use permit, provided there is no substantial change whatsoever to the monopole I support structure, or to the associated equipment shelter or cabinet, or to the site design, landscaping and/or other screening techniques authorized under the original conditional use permit.
5. The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected above ground to house such equipment shelter or cabinet shall not exceed an area of 200 square feet.
6. All monopole I facilities shall be set back from the nearest property lot line a distance equal to a minimum of 20 percent of the overall height of the wireless communication support structure and the antennas affixed thereto.
E. Monopole II.
1. Monopole II facilities shall require a conditional use permit pursuant to Chapter 18.80 DPMC, and such permit shall be available only in the diversified commercial (C-D), light industrial (L-I), business park (BP), and public/quasi-public (P/QP) zones. A monopole II facility shall not be allowed in any other zoning classification. Site design, landscaping and/or other screening techniques deemed appropriate shall be duly considered as part of the conditional use permit process.
2. Macro facilities shall be the largest wireless communication facilities allowed on a monopole II wireless communication support structure.
3. When situated in the diversified commercial (C-D) zone, a monopole II facility shall be designed to accommodate two or more wireless communication antennas on the wireless communication support structure.
4. Co-location on an existing monopole II facility shall be permitted without an additional conditional use permit, provided there is no substantial change whatsoever to the monopole II support structure, or to the associated equipment shelter or cabinet, or to the site design, landscaping and/or other screening techniques authorized under the original conditional use permit.
5. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the monopole II wireless communication support structure. For example, a monopole II, as defined in this chapter, may be up to 150 feet in height, and a macro facility affixed thereto, as defined in this chapter, may be up to 15 feet in height, thereby allowing a maximum combined height for the monopole II wireless communication support structure and any affixed macro facility antennas of 165 feet.
6. The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected above ground to house such equipment shelter or cabinet shall not exceed an area of 300 square feet.
7. All monopole II facilities shall be set back from the nearest property lot line a distance equal to a minimum of 20 percent of the overall height of the wireless communication support structure and the antennas affixed thereto.
8. Monopole II facilities shall be separated from each other by a distance equal to or greater than one-quarter mile (i.e., 1,320 linear feet) in any direction.
F. Lattice Tower.
1. Lattice towers shall require a conditional use permit pursuant to Chapter 18.80 DPMC, and such permit shall be available only in the light industrial (L-I), business park (BP), and public/quasi-public (P/QP) zones. A lattice tower facility shall not be allowed in any other zoning classification. Site design, landscaping and/or other screening techniques deemed appropriate shall be duly considered as part of the conditional use permit process.
2. Macro facilities shall be the largest wireless communication facilities allowed on a lattice tower wireless communication support structure.
3. A lattice tower facility shall be designed to accommodate two or more wireless communication antennas on the wireless communication support structure.
4. Co-location on an existing lattice tower facility shall be permitted without an additional conditional use permit, provided there is no substantial change whatsoever to the lattice tower support structure, or to the associated equipment shelter or cabinet, or to the site design, landscaping and/or other screening techniques authorized under the original conditional use permit.
5. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the lattice tower wireless communication support structure. For example, a lattice tower, as defined in this chapter, may be up to 150 feet in height, and a macro facility affixed thereto, as defined in this chapter, may be up to 15 feet in height, thereby allowing a maximum combined height for the lattice tower wireless communication support structure and any affixed macro facility antennas of 165 feet.
6. The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected above ground to house such equipment shelter or cabinet shall not exceed an area of 300 square feet.
7. All lattice tower facilities shall be set back from the nearest property lot line a distance equal to a minimum of 20 percent of the overall height of the wireless communication support structure and the antennas affixed thereto.
8. Lattice tower facilities shall be separated from each other by a distance equal to or greater than one-quarter mile (i.e., 1,320 linear feet) in any direction. (Ord. 974 § 1, 2018: Ord. 825 § 5, 2005; Ord. 722 § 173, 1998)
18.110.050 Permit required.
All wireless communication facilities shall be subject to municipal permits and inspection. (Ord. 722 § 173, 1998)
18.110.060 Variances.
If the effective operation of a wireless communication facility precludes compliance with the applicable height limitations of this chapter, or precludes compliance with the applicable equipment shelter or cabinet limitations of this chapter, any such height or equipment shelter or cabinet exception shall be subject to the variance proceedings set forth in Chapter 18.76 DPMC. (Ord. 722 § 173, 1998)
18.110.070 Additional administrative and conditional use permit criteria for wireless communication support structures.
A. Visual Impact.
1. Site location and development shall preserve the preexisting character of surrounding buildings, land uses, and the zoning classification, to the maximum extent feasible commensurate with the necessary operation of the wireless communication facility. It is intended that the wireless communication support structure be integrated, through location and design, to blend in with the existing characteristics of the site to the maximum extent practical.
2. Existing on-site vegetation shall be preserved and augmented to appropriately screen the facility.
3. Disturbance of existing topography shall be minimized, unless such terrain modification, upon completion, would result in a lesser visual impact upon existing uses surrounding the project site.
B. Noise. As part of any wireless communication facility proposal, the service provider or its representative shall furnish the city with information regarding the operating decibel (db) level of the proposed installation, as measured at the property line nearest the proposed location, to ensure that noise levels acceptable for adjacent uses would not be compromised by such installation. (Ord. 722 § 173, 1998)
18.110.080 Federal Communications Commission pre-emption.
All wireless communication facilities shall comply with applicable FCC regulations. Federal law prohibits consideration of the environmental effects of radio frequency emissions to the extent that the proposed facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. (Ord. 974 § 1, 2018: Ord. 722 § 173, 1998)
18.110.090 Exempt modifications to existing installations.
Minor modification of existing wireless communication facilities and attached wireless communication facilities, whether emergency or routine, shall be exempt from further administrative or conditional use permit review; provided, however, that there is little or no change to the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless communication facilities and attached wireless communication facilities that meet the performance standards of this chapter. (Ord. 722 § 173, 1998)
18.110.100 Obsolescence.
A wireless communication facility, or an attached wireless communication facility, shall be removed by the facility’s owner within six months of the date such facility ceases to be operational and/or within six months of the date such facility falls into disrepair. (Ord. 722 § 173, 1998)