Chapter 19.29
WIRELESS COMMUNICATIONS FACILITIES
Sections:
19.29.030 Development standards for small cell facilities.
19.29.040 Development standards for micro facilities.
19.29.050 Development standards for mini facilities.
19.29.060 Development standards for macro facilities.
19.29.070 Development standards for monopole I.
19.29.080 Development standards for monopole II.
19.29.090 Additional permit criteria for monopole I and monopole II.
19.29.010 Purpose.
In addition to the general purposes of the comprehensive plan and this title, this chapter is included in order to provide for a wide range of locations and options for wireless communications providers while minimizing the unsightly characteristics associated with wireless communications facilities and to encourage creative approaches in locating wireless communications facilities which will blend in with the surroundings of such facilities. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009).
19.29.020 Exclusions.
The following antennas and related facilities are expressly excluded from the provisions of this chapter:
(1) Ham or amateur radio vertical tower antennas and related facilities.
(2) Television and satellite dish antennas.
(3) Public safety communications facilities including but not limited to the first responder network authority (first net) when approved by action of the city council.
(4) Public utility meter reading facilities utilizing radio frequency technology.
(5) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions of federal law.
(6) Routine maintenance, repair, or replacement of a personal wireless service facility and related equipment excluding structural work or changes in height, dimension, or visual impacts of the antenna, tower, transmission equipment, equipment cabinet and/or transmission equipment; provided, that compliance with the standards of this chapter is maintained.
(7) An eligible facilities request.
(8) In the event a building permit is required for any emergency repair, notification in writing to the director of development services shall occur within 24 hours of identification of the needed repair; filing of the building permit application shall be done in compliance with the city’s adopted building code. (In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.)
(9) Stand-mounted and other standalone WiFi antennas less than one and one-half cubic feet in total volume when installed pursuant to a valid franchise and certified as compliant with FCC regulations governing RF mediation. This exception does not apply to telecommunications facilities. (Ord. 1841 § 2, 2018).
19.29.030 Development standards for small cell facilities.
The following designs standards shall apply to the placement of small cell facilities on non-city-owned poles within the city and shall be administered under Chapter 11.07 OHMC. When the applicant proposes to place the small cell facilities in a designated design district or undergrounded area, on new non-city-owned poles, or on replacement poles that otherwise deviate from these design standards, a concealment plan shall be required.
(1) Small Cell Facilities Attached to Nonwooden Poles. Small cell facilities attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:
(a) Antennas and the associated equipment enclosures shall be sited and installed in a manner which minimizes the visual impact on the streetscape either by fully concealing the antennas and associated equipment fully within the pole or through a concealment element plan which provides an equivalent or greater impact reduction. This requirement shall be applied in a manner which does not dictate the technology employed by the service provider nor unreasonably impair the technological performance of the equipment chosen by the service provider.
(b) All conduit, cables, wires and fiber must be routed internally in the light pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.
(c) An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antenna shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.
(d) Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.
(e) The height of any replacement pole may not extend more than 10 feet above the height of the existing pole.
(f) The diameter of a replacement pole shall comply with the city’s setback and sidewalk clearance requirements, ADA requirements, and, if a replacement light standard, then with the city’s lighting requirements.
(g) The use of the pole for the siting of a small cell facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small cell facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed.
(2) Wooden Pole Design Standards. Small cell facilities located on wooden poles shall conform to the following design criteria:
(a) The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small cell facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
(b) A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A “pole extender” as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
(c) Replacement wooden poles may either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the city.
(d) Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached.
(e) Panel antennas shall not be mounted more than 12 inches from the surface of the wooden pole.
(f) Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume, with a cumulative total antenna volume not to exceed nine cubic feet, unless additional volume is technically necessary, which in such cases the total volume may not exceed 12 cubic feet.
(g) A canister antenna may be mounted on top of an existing wooden pole, which may not exceed the height requirements described in subsection (2)(b) of this section. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may propose a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.
(h) An omni-directional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.
(i) All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.
(j) Equipment for small cell facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to subsection (5)(a) of this section. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure may not exceed 17 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and they do not cumulatively exceed 17 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole, if such banners or road signs are allowed by the pole owner.
(k) An applicant who desires to enclose its antennas and equipment within a unified enclosure may do so; provided, that such unified enclosure does not exceed four cubic feet. To the extent possible the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs. The unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is technically required and confirmed in writing by the pole owner.
(l) The visual effect of the small cell facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.
(m) The use of the wooden pole for the siting of a small cell facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small cell facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed.
(n) All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduit shall be minimized to the number technically necessary to accommodate the small cell.
(3) Strand-Mounted Small Cell Facilities. Small cell facilities mounted on cables strung between existing utility poles shall conform to the following standards:
(a) Each strand-mounted facility must be less than three cubic feet in volume;
(b) Only one strand-mounted facility is permitted per cable between any two existing poles;
(c) The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than six feet from the pole unless a greater distance is required by the pole owner for safety clearance;
(d) No strand-mounted device shall be located in or above the portion of the roadway open to vehicular traffic;
(e) Ground-mounted equipment to accommodate such strand-mounted facilities is not permitted, except when placed in preexisting equipment cabinets;
(f) Pole-mounted equipment shall meet the requirements of subsection (2) of this section; and
(g) Such strand-mounted devices must be installed to cause the least visual impact and with the minimum exterior cabling or wires (other than the original strand) necessary to meet the technological needs of the facility.
(4) Small Cell Facilities Attached to Existing Buildings. Small cell facilities attached to existing buildings shall conform to the following design criteria:
(a) Small cell facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.
(b) The interruption of architectural lines or horizontal or vertical reveals is discouraged.
(c) New architectural features such as columns, pilasters, corbels, or other ornamentation that conceals antennas may be used if it complements the architecture of the existing building.
(d) Small cells shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
(e) Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.
(f) Small cell facilities shall be painted and textured to match the adjacent building surfaces.
(5) General Requirements.
(a) Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall submit a concealment element plan. Generators located in the rights-of-way are prohibited.
(b) No equipment shall be operated so as to produce noise in violation of Chapter 6.56 OHMC.
(c) Small cell facilities are not permitted on traffic signal poles.
(d) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, and state and federal regulations in order to provide a clear and safe passage within the rights-of-way.
(e) Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.
(f) The design criteria as applicable to small cell facilities described herein shall be considered concealment elements and such small cell facilities may only be expanded upon an eligible facilities request described in Chapter 19.30 OHMC when the modification does not defeat the concealment elements of the facility.
(g) No signage, message or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna, and any such signage on equipment enclosures shall be of the minimum amount possible to achieve the intended purpose; provided, that signs are permitted as concealment element techniques where appropriate.
(h) Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of a concealment element plan.
(i) Side arm mounts for antennas or equipment are prohibited.
(j) The preferred location of a small cell facility on a pole is the location with the least visible impact.
(k) Antennas and equipment enclosures, and ancillary equipment, conduit and cable, shall not dominate the building or pole upon which they are attached.
(l) The city may consider the cumulative visual effects of small cells mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the city. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the service provider.
(m) These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape pursuant to an approved concealment plan.
(6) Concealment Plan. A concealment plan is subject to administrative review and approval by the director of development services. The applicant shall establish by a preponderance of the evidence that:
(a) The proposed design mitigates negative visual impact to the streetscape in a manner consistent with the characteristics of the design district;
(b) Is the minimum necessary installation or facility needed to close a significant gap in coverage or address needed signal density; and
(c) Is consistent with adopted streetscape design standards and existing public investments in the streetscape.
A concealment plan is considered under review process II – OHMC 18.20.240. (Ord. 1841 § 2, 2018).
19.29.040 Development standards for micro facilities.
(1) Micro facilities are permitted in all zones.
(2) 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.
(3) Antennas equal to or less than four feet in height (except omni-directional antennas which can be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one-foot diameter parabola or two-foot by one-and-one-half-foot panel as viewed from any one point) are exempt from the height limitation of the zone in which they are located. Structures which are nonconforming with respect to height may be used for the placement of omni-directional antennas providing they do not extend more than six 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.
(4) The micro facility shall be exempt from design review if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
(5) The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
(6) In single-family residential (PRE, R-1 and R-2) zones, micro facilities for a specific wireless provider shall be separated by a distance equal to or greater than 1,320 linear feet from other micro facilities of the same wireless provider. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009. Formerly 19.29.020).
19.29.050 Development standards for mini facilities.
(1) Mini facilities are permitted in all zones except single-family residential (PRE, R-1 and R-2) zones.
(2) The 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.
(3) The mini facility shall be exempt from design review if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
(4) The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
(5) Mini facilities shall comply with the height limitation specified for all zones except as follows: Omni-directional antennas may exceed the height limitation by 10 feet or, in the case of nonconforming structures, the antennas may extend 10 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and they blend in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009. Formerly 19.29.030).
19.29.060 Development standards for macro facilities.
(1) Macro facilities are permitted in all zones except single-family residential (PRE, R-1 and R-2) zones.
(2) Macro facilities 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.
(3) The macro facility shall be exempt from design review if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
(4) The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
(5) Macro facilities shall comply with the height limitation specified for all zones, except as follows: Omni-directional antennas may exceed the height limitation by 15 feet, or, in the case of nonconforming structures, the antennas may extend 15 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and they architecturally blend in with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009. Formerly 19.29.040).
19.29.070 Development standards for monopole I.
(1) Monopole I facilities are only permitted in the industrial (I) zone.
(2) Monopole I facilities are permitted in community commercial (C-3), highway service commercial (C-4), highway corridor commercial (C-5), planned business park (PBP), planned industrial park (PIP), and public facilities (PF) zones with a conditional use permit.
(3) Monopole I facilities are not permitted in residential (PRE, R-1, R-2, R-3 and R-4), residential office (RO), neighborhood commercial (C-1) or central business district (CBD) zones, except when expressly provided for in this chapter.
(4) Antennas equal to or less than 15 feet in height or up to four inches in diameter may be a component of a monopole I facility. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the monopole I wireless communications support structure. For example, the maximum height for a monopole I shall be 60 feet and the maximum height of antennas which may be installed on the support structure could be 15 feet, making the maximum permitted height of the support structure and antennas 75 feet (60 feet plus 15 feet).
(5) Collocation on an existing support structure shall be permitted. Macro facilities are the largest wireless communications facilities allowed on monopole I.
(6) The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole I facilities shall be concealed, camouflaged or placed underground. Monopole I facilities shall be subject to review by the planning commission using the procedures and review criteria specified in Chapter 19.48 OHMC and this chapter.
(7) Monopole I facilities shall be landscaped in conformance with Chapter 19.46 OHMC.
(8) Monopole I facilities adjacent to a single-family zone shall be set back a distance equal to the height of the wireless communications support structure from the nearest single-family lot line. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009. Formerly 19.29.050).
19.29.080 Development standards for monopole II.
(1) Monopole II facilities are only permitted in the industrial (I) zone; provided the wireless communications support structure shall be designed to accommodate two or more wireless communications facilities.
(2) Monopole II facilities are permitted in highway service commercial (C-4), planned business park (PBP), planned industrial park (PIP), and public facilities (PF) zones with a conditional use permit.
(3) Monopole II facilities are not permitted in residential (PRE, R-1, R-2, R-3 and R-4), residential office (RO), neighborhood commercial (C-1) or central business district (CBD) zones, except when expressly provided for in this chapter.
(4) Monopole II facilities which exceed 60 feet in height or are located within 300 feet of a residential zone shall require a conditional use permit.
(5) Collocation of wireless communications facilities on an existing support structure shall be permitted.
(6) Macro facilities are the largest permitted wireless communications facilities allowed on a monopole II facility. Antennas which extend above the monopole II wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure. For example, the maximum height for a monopole II facility shall be 150 feet and the maximum height of antennas which may be installed on the support structure could be 15 feet, making the maximum permitted height of the support structure and antennas 165 feet (150 feet plus 15 feet).
(7) The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole I facilities shall be concealed, camouflaged or placed underground. Monopole I facilities shall be subject to review by the planning commission using the procedures and review criteria specified in Chapter 19.48 OHMC and this chapter.
(8) Monopole II facilities shall be landscaped in conformance with Chapter 19.46 OHMC.
(9) Monopole II facilities adjacent to a single-family zone shall be set back a distance equal to the height of the wireless communications support structure from the nearest single-family lot line.
(10) Monopole II facilities shall be separated from each other by a distance equal to or greater than 1,320 feet. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009. Formerly 19.29.060).
19.29.090 Additional permit criteria for monopole I and monopole II.
In addition to the permit criteria specified in Chapters 19.48 and 19.67 OHMC, the following specific criteria shall be met before a site plan review or conditional use permit can be granted:
(1) Antennas may not extend more than 15 feet above their supporting structure, monopole, building or other structure.
(2) Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the communications equipment. Wireless communications 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) Accessory equipment facilities used to house wireless communications equipment should be located within buildings or placed underground when possible. When they cannot be located in buildings, equipment shelters or cabinets shall be screened and landscaped in conformance with Chapter 19.46 OHMC.
(4) No equipment shall be operated so as to produce noise in levels above 45 dB as measured from the nearest property line on which the attached wireless communications facility is located.
(5) In any proceeding regarding the issuance of site plan review or a conditional use permit under the terms of this chapter, federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning such emission.
(6) Towers, antennas or other objects that penetrate the 100:1 angle slope criteria established in Federal Aviation Regulation (FAR) Part 44 (Sections 77.13(a)(1) and 77.13(a)(2)(I), respectively) shall be reviewed for compatibility with airport operations. No tower, antenna or other object shall constitute a hazard to air navigation, interfere with the safe operation of aircraft or deny the existing operational capability of Ault Field. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009. Formerly 19.29.070).
19.29.100 Exemption.
The following are exempt from the requirements of a concealment plan:
(1) Small cell facilities on existing or replacement poles complying with the development standards for small cell facilities established by OHMC 19.29.030; and
(2) Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, so long as there is little or no change in the visual appearance. Such modifications are outright permitted uses in every zone. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this chapter. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009. Formerly 19.29.080).
19.29.110 Obsolescence.
A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair. (Ord. 1841 § 2, 2018; Ord. 1555 § 12, 2009. Formerly 19.29.090).