Chapter 16.45
WIRELESS TELECOMMUNICATION FACILITIES
Sections:
16.45.030 General requirements.
16.45.040 General screening and site selection guidelines.
16.45.050 General development requirements.
16.45.060 Minor wireless telecommunication facilities – Administrative approval allowed.
16.45.070 List of minor wireless telecommunications facilities subject to administrative procedure.
16.45.080 Minor wireless telecommunication facilities – Planning commission approval required.
16.45.100 Major wireless telecommunication systems – Conditional use permit required.
16.45.110 Buildings or other equipment storage.
16.45.120 Removal of abandoned antennas and towers.
16.45.010 Purpose and intent.
The purpose of this section is to establish general guidelines for the siting of wireless telecommunications towers and antennas. The goals of this section are to:
A. Protect residential areas and land uses from potential adverse impacts of towers and antennas;
B. Encourage the location of towers in nonresidential areas;
C. Minimize the total number of towers throughout the community;
D. Encourage the joint use of new and existing tower sites (co-location) as a primary option rather than construction of single-use towers;
E. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, now and in the future;
F. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design siting, landscape screening, and innovative camouflaging techniques;
G. Enhance the ability of providers of wireless telecommunications services to provide such services to the community quickly, effectively and efficiently;
H. Consider the public health and safety of wireless telecommunication towers;
I. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;
J. Retain local responsibility for and control over the use of the public right-of-way to protect citizens and enhance the quality of their lives;
K. Create and preserve telecommunication facilities that will serve as an important and effective part of the city’s emergency response network; and
L. Promote fair and effective wireless telecommunication services and ensure that a broad range of competitive telecommunications services with high quality telecommunications infrastructure are available to serve the community. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.020 Applicability.
A. New Towers and Antennas. All new towers or antennas shall be subject to these regulations, except as provided in subsections B through D of this section, inclusive.
B. Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator, or is used exclusively for receive only antennas.
C. Pre-Existing Towers or Antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section, other than the requirements of HMC 16.45.030(B) and (C).
D. AM Array. For purposes of implementing this section, an AM array consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.030 General requirements.
A. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the community development director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The community development director may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the community development director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
B. State or Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
C. Building Codes and 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 state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitute 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 such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
D. Measurement. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.
E. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
F. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the community development director.
G. Public Notice. For purposes of this section, any conditional use permit request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in HMC 16.45.100(B)(5), in addition to any notice otherwise required by state law or the municipal code.
H. Multiple Antenna/Tower Plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.
I. Sight Analysis. A visual impact analysis or demonstration (including mock-ups and/or photomontages) demonstrating views from public areas as well as private residences. The analysis shall be “worst case” and shall assess the cumulative impact of the proposed facility, including the provision of electrical service to the site, and other existing and forseeable telecommunication facilities in the area, and shall identify and incorporate all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.
J. The city may as a condition of approval of a wireless telecommunication facility require that a bond and/or other financial assurance in an amount equal to the estimated costs of removing an abandoned antenna and/or tower and related facility be posted with the city. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.040 General screening and site selection guidelines.
A. Stealth facilities and concealed antennas are preferred.
B. Wireless telecommunication facilities shall be located where the existing topography, vegetation, building or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the community development director, or as otherwise required.
C. Ground-mounted wireless telecommunication facilities shall be located only in close proximity to existing above-ground utilities, such as permanent electrical towers, light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.
D. Wireless telecommunication facilities shall be located in the following order of preference:
1. Co-located with other major wireless telecommunication facilities;
2. On existing structures such as buildings, communication towers, or utility facilities not subject to the city’s undergrounding ordinance;
3. On existing signal, power, light or similar kinds of permanent poles;
4. In employment land use districts;
5. In commercial land use districts;
6. In residential land use districts (minor wireless telecommunication facilities only);
7. In the open space land use district. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.050 General development requirements.
A. Applicants for wireless telecommunication facilities shall be required to provide written documentation demonstrating good faith efforts to satisfy the site selection guidelines set forth in HMC 16.45.040.
B. Applicants for wireless telecommunication facilities shall be required to provide written documentation of the proposed site and alternative site analysis and facility design. The analysis shall identify all reasonable, technically feasible site locations which could provide the proposed telecommunication service. The analysis shall address the potential for co-location at an existing or at the proposed site. It shall explain the rationale for selection of the proposed site in view of the relative merits of the alternative sites.
C. Applicants for wireless telecommunication facilities may be required to provide a visual analysis with cross-sections of the proposed site as determined by the community development director.
D. Wireless telecommunication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals and legally required signage.
E. Accessory equipment associated with the operation of the wireless telecommunication facility shall be located within a building, enclosure, or underground vault that complies with the development requirements of the land use district in which the accessory equipment is located, subject to city approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
F. Wireless telecommunication facilities shall, to the extent possible, use nonreflective materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
G. If an antenna is located on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be compatible with the existing architecture and of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
H. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding view.
I. Monopoles and antennas shall be no greater in diameter or cross-sectional dimensions than is necessary for proper function of the wireless communication facility. The applicant shall provide documentation satisfactory to the community development director establishing compliance with this subsection.
J. Any wireless telecommunication facility located within an airport approach zone shall be constructed in accordance with requirements of FAA Part 77 Regulations. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.060 Minor wireless telecommunication facilities – Administrative approval allowed.
A. Minor wireless communication facilities shall be subject to approval by the community development director, pursuant to HMC 16.08.090(C)(1), Minor Design Review.
B. Each applicant for administrative review and approval shall apply to the community development director, providing the information set forth in this section and a nonrefundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.
C. Considering applications for minor wireless telecommunication facilities, the community development director shall be guided by both the provisions of HMC 16.08.090(A), Purposes of Design Review, and this section. However, in the event of any inconsistency in said standards, the provisions of this section shall govern.
D. The community development director shall respond to each such application within 60 days after accepting the application as complete, by either approving or denying the application.
E. In connection with any such administrative approval, the community development director may, in order to encourage shared use, administratively waive any land use district setback requirements up to 50 percent.
F. In connection with any such administrative approval, the community development director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an exiting tower to monopole construction.
G. If an administrative approval is denied, the applicant may file an appeal application under HMC 16.08.210. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.070 List of minor wireless telecommunications facilities subject to administrative procedure.
A. The following are considered minor wireless telecommunications facilities subject to the administrative approval set forth in HMC 16.45.060.
1. A building facade or wall-mounted facility which does not exceed the height of the parapet wall or roof line of the building.
2. A roof-mounted facility which is screened by a solid material on all four sides and does not exceed the maximum height of the land use district in which it is located.
3. Locating any alternative tower structure in a zoning district other than commercial or employment that in the judgement of the community development director is in conformity with the goals set forth in subsection A of this section.
4. Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.080 Minor wireless telecommunication facilities – Planning commission approval required.
A. Minor wireless communication facilities shall be subject to approval by the planning commission pursuant to HMC 16.08.090(D), Planning Commission.
B. Each applicant for planning commission review and approval shall apply to the planning commission, providing the information set forth in HMC 16.45.060 and a nonrefundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.
C. Considering applications for minor wireless telecommunication facilities, the planning commission shall be guided by both the provisions of HMC 16.08.090(A), Purposes of Design Review, and this section. However, in the event of any inconsistency in said standards, the provisions of this section shall govern.
D. The planning commission shall respond to each such application within 60 days after accepting the application as complete by either approving or denying the application.
E. In connection with any such approval, the planning commission may, in order to encourage shared use, administratively waive any land use district setback requirements up to 50 percent.
F. In connection with any such approval, the planning commission may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
G. If an administrative approval is denied, the applicant may file an appeal application under HMC 16.08.210 to allow the reconstruction of an existing tower to monopole construction. (Ord. 341 § 20, 2009; Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.090 List of minor wireless telecommunications facilities subject to planning commission procedure.
A. The following are considered minor wireless telecommunications facilities subject to planning commission approval set forth in HMC 16.45.080.
1. A facility that is stealth in design and does not exceed the height limit of the land use district in which it is located.
2. Locating antennas on existing structures or towers consistent with the terms of subsections (A)(2)(a) and (b) of this section:
a. Antennas on Existing Structures. Any antenna which is not attached to a tower may be approved by the planning commission as an accessory use to any commercial, industrial, office professional, institutional, or multifamily structure of eight or more dwelling units, provided:
i. The antenna does not exceed more than 15 feet above the highest point of the structure;
ii. The antenna complies with all FAA and FCC regulations; and
iii. The antenna complies with all applicable building codes.
b. Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the planning commission and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take the precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
i. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be the same tower type as the existing tower, unless the community development director allows construction as a monopole.
ii. Height.
(A) An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower’s existing height, to accommodate the collocation of an additional antenna. However, the separation from the additional antenna shall not exceed 10 feet. Separation shall be defined as any part of the antenna system or device.
(B) The height change referred to in subsection (A)(2)(b)(ii)(A) of this section shall not require an additional distance separation as set forth in HMC 16.45.100(B)(5). The tower’s premodification height shall be used to calculate such distance separations.
iii. On-Site Locations.
(A) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.
(B) After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
(C) A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between said tower and residential units or residentially zoned land pursuant to HMC 16.45.100(B)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of HMC 16.45.100(B)(5).
(D) The on-site relocation of tower which comes within the separation distances of residential units or residentially zoned land as established in HMC 16.45.100(B)(5) shall only be permitted when approved by the community development director.
3. Locating any alternative tower structure in a zoning district other than commercial or employment that in the judgment of the planning commission is in conformity with the goals set forth in HMC 16.45.010. (Ord. 341 § 21, 2009; Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.100 Major wireless telecommunication systems – Conditional use permit required.
A. General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the planning commission:
1. Applications for conditional use permits under this section shall be subject to the procedures and requirements of HMC 16.08.050.
2. In considering applications for major wireless communications facilities, the planning commission shall be guided by the provisions of HMC 16.08.050 and this section. However, in the event of any inconsistency in said standards, the provisions of this section shall govern.
3. The decision of the planning commission shall be final unless appealed in writing within 10 calendar days pursuant to HMC 16.08.210.
4. If the tower or antenna is not permitted to be approved pursuant to HMC 16.45.070 or 16.45.090, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. As a condition of issuance of a conditional use permit for a facility utilizing the public right-of-way, an applicant may be required to enter into a franchise agreement with the city.
5. In granting a conditional use permit, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
6. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
7. An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.
B. Towers.
1. Information Required. In addition to any information required for applications for conditional use permits pursuant to HMC 16.08.050, applicants for a conditional use permit for a tower shall submit the following information:
a. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), general plan classification of the site and all properties within the applicable separation distances set forth in HMC 16.45.100(B)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the community development director to be necessary to assess compliance with this section.
b. Legal description of the parent tract and leased parcel (if applicable).
c. The setback distance between the proposed tower and the nearest residential unit; platted, residentially zoned properties; and unplatted, residentially zoned properties.
d. The separation distance from other towers described in the inventory of existing sites submitted pursuant to HMC 16.45.030(A) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
e. A landscape plan showing existing and proposed landscape materials, size and location.
f. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
g. A description of compliance with HMC 16.45.030(A), (B), (C), (F), and (I); HMC 16.45.060(D) through (J); and subsections (B)(4) and (5) of this section.
h. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
i. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the city.
j. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
k. A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
2. Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to HMC 16.08.050, the planning commission shall consider the following factors in determining whether to issue a conditional use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this section are better served thereby:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
g. Proposed ingress and egress;
h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection (B)(3) of this section; and
i. Impact on view sheds in the city.
3. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information required by this section and/or requested by the planning commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alterative technology can accommodate the applicant’s proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area which meet the applicant’s engineering requirements.
b. Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.
c. Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.
d. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding the expense of constructing a new tower facility are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
4. Setback Requirements. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the planning commission may alter the standard setback requirements if the goals of this section would be better served thereby:
a. Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line. The setback may be reduced by the applicant submitting an analysis to justify the reduction for review by the approving authority.
b. Guys and accessory buildings must satisfy the minimum land use district setback requirements.
c. Tower facilities shall be set back a distance of 200 feet from any residential zoned property.
5. Separation Requirements. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the planning commission may alter the standard separation requirements if the goals of this section would be better served thereby.
a. No tower or tower farm shall be sited closer than 1,000 feet from an existing, or otherwise approved, facility, unless the new facility is a collocated facility, in which case the minimum separation shall be 750 feet. However, where the collocated facility is less than 75 feet in height, the minimum separation shall be 500 feet.
b. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.
6. Height. The planning commission may consider approval of towers proposed to exceed the maximum height limit of the underlying land use district as part of its review of a conditional use permit application. In approving the height of a tower, the planning commission shall give consideration to the potential for collocation and whether the requirements of the applicant as demonstrated in the site analysis indicate a need for an increased height.
7. Screening. Towers and/or associated facilities shall be enclosed by security fencing and screened with material not less than six feet in height and shall also be equipped with an appropriate anti-climbing device and/or landscape material; provided, however, that the planning commission may waive such requirements, as it deems appropriate.
8. Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this section would be better served thereby.
a. Tower facilities shall be screened with materials that effectively screen and buffer the view of the tower compound from adjacent properties.
b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. However, any cabinet or other structure shall be screened as approved by the city.
c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
9. Performance Standards. No wireless telecommunication facility shall interfere with the public safety radio communications system, including, but not limited to, the 800 MHz trunking system. If such facility is found to interfere with the public safety radio system, it shall immediately cease operations until such time as the interference is resolved to the satisfaction of the city.
10. Temporary Facilities in Connection with Permanent, Approved Facilities. A temporary wireless communication facility may be deployed subject to approval by the community development director and meets the following:
a. A permanent wireless communication facility has been approved for the property in question.
b. The temporary facility was approved as part of the conditional use permit or minor development review.
c. The facility is deployed for no more than six months; provided, that no more than two 90-day extensions may be granted by the community development director, with the total duration for the facility not to exceed one year. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.110 Buildings or other equipment storage.
A. Antennas Mounted on Structures or Rooftops.
1. The cabinet or structure shall not contain more than 350 square feet of gross floor area or be more than 11 feet in height.
2. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10 percent of the roof area. As with all roof-mounted equipment, this equipment must be screened from view of any public right-of-way.
3. Equipment storage buildings or cabinets shall comply with all applicable city building codes, regulations and land use standards.
B. Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
1. In residential districts, the equipment cabinet may be located:
a. In a front or side yard, provided the cabinet or structure is no greater than three feet in height and nine square feet in gross floor area, and the cabinet/structure is located a minimum of 25 feet from all lot lines. The cabinet/structure shall be screened as approved by the city. The screening shall be delineated on a landscape plan which provides visual screening from adjacent properties subject to review and approval by the city.
b. In a rear yard, provided the cabinet or structure is no greater than six feet in height and 35 square feet in gross floor area.
2. In commercial, employment or open space districts the equipment cabinet or structure shall be no greater than eight feet in height and 100 square feet in gross floor area. The structure or cabinet shall be screened as approved by the city. The screening shall be delineated on a landscape plan which provides visual screening from adjacent properties subject to review and approval by the city.
C. Antennas Located on Towers. The related unmanned equipment structure shall not contain more than 350 square feet of gross floor area or be more than 11 feet in height, and shall be located in accordance with the minimum yard requirements of the land use district in which it is located. The unmanned equipment structure or cabinet shall be screened as approved by the city. The screening shall be delineated on a landscape plan which provides visual screening from adjacent properties subject to review and approval by the city. The color, materials and style of the unmanned equipment structure or cabinet shall be compatible with surrounding structures as approved by the city.
D. Modification of Building Size Requirements. The requirements of HMC 16.45.100(A) through subsection C of this section may be modified by the community development director in the case of administratively approved uses, or by the planning commission in the case of planning commission approved uses and in the case of uses permitted by conditional use permit, to encourage collocation. (Ord. 341 § 22, 2009; Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.120 Removal of abandoned antennas and towers.
A. Any antenna or tower that is not operated for a period of 180 days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 30 days of receipt of written notice from the community development director notifying the owner of such abandonment. The community development director may extend the 30-day removal period upon the submittal of a extension of time request. If the owner does not remove the equipment or does not request a hearing before the planning commission on the issue of whether the equipment is abandoned and subject to removal, the city may remove the equipment and store it in a secure location. The owner shall have 30 days from the date the city provides the owner with written notice of removal of the equipment and notification of the current location of equipment, to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the city may dispose of the equipment in accordance with the city’s existing policy for disposal of abandoned or lost property.
B. Upon written request for a hearing made pursuant to subsection A of this section, the community development director shall schedule a hearing on the matter to be conducted before the planning commission at which time the owner may present any relevant evidence on the issue of abandonment. The planning commission may affirm, reverse or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the planning commission shall be final.
C. Failure to remove an abandoned antenna or tower within 30 days of the final determination of abandonment shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)
16.45.130 Nonconforming uses.
A. No Expansion of Nonconforming Uses. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
B. Pre-Existing Towers. Installed towers preexisting the effective date of the ordinance codified in this section shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this section.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding HMC 16.45.110, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in HMC 16.45.100(B)(4) and (5). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in HMC 16.45.120. (Ord. 267 § 7, 2001; Ord. 171 § 11.250, 1994)