Chapter 9-58
COMMUNICATION FACILITIES
Sections:
9-58.050 Design criteria for wireless communication facilities.
9-58.070 Application submittal requirements.
9-58.080 Nonconforming systems.
9-58.090 Permit review, renewal and revocation.
9-58.010 Purpose and intent.
The purpose and intent of this chapter is to provide special guidelines for development of communication systems and their support components. Nothing in this chapter affects the authority to regulate telecommunication services in the public right-of-way pursuant to Chapter 4-36 of this code. (Ord. 98-8 § 2 (part): prior code § 9-47.010)
9-58.020 Applicability.
The guidelines and standards provided herein shall be applicable to all communications systems in all zones, except as specifically exempted by this chapter. (Ord. 98-8 § 2 (part): prior code § 9-47.020)
9-58.030 Exempt facilities.
The restrictions, standards and guidelines of this chapter shall not apply to:
A. Communications systems of any federal, state, or local government agency charged with maintaining the national defense; public health, safety, and welfare or disaster control;
B. Residential skeletal type antenna systems designed to receive UHF, VHF, AM, and FM broadcast transmissions from radio and television stations subject only to height limits of the zone in which erected;
C. Unobtrusive ground plane designed ham or citizens band radio antennas subject to proper Federal Communication Commission (FCC) licensed operation for such radio service stations and installation pursuant to FCC standards;
D. Communications systems placed underground in vaults shall not be subject to locational criteria;
E. Telephone and television cable facilities, other than antenna, and call boxes and booths located within public rights-of-way in prescribed easements for such purpose shall be exempt unless such facilities are located within a duly determined and adopted underground district;
F. Antenna systems regulated by the FCC with respect to heights, provided such antennae do not pose a safety threat;
G. Satellite dish antennas of two meters or less in diameter in commercial/industrial areas, and satellite dish antennas and Multichannel Multipoint Distribution Service (MMDS) antennas of one meter or less in residential zones, except such antennas must comply with city safety requirements. Larger satellite or MMDS antennas in a residential zone must adhere to city locational and safety requirements. (Ord. 98-8 § 2 (part): prior code § 9-47.030)
9-58.040 Locational criteria.
The intent of the locational criteria is to accommodate antennas and other wireless communication facilities in a manner that maintains the aesthetic integrity of both residential and nonresidential districts in the city. The purpose of the criteria is to protect against the interruption or obstruction of roof lines, or architectural or landscape features which contribute to the character of the surrounding environment. The following restrictions shall apply to all zones and properties:
A. No antenna, antenna structure, non-exempt satellite dish, or communication system shall be constructed or placed within the front yard setback in any zone.
B. No antenna, antenna structure, nonexempt satellite dish, or communication system shall be placed in any side yard abutting a street.
C. In residential neighborhoods, no antenna, antenna structure, nonexempt satellite dish, or communication system shall be erected upon the roof of a building.
D. All nonexempt antenna systems shall be placed within the rear portion of a lot and shall meet established setback criteria the same as for any other building or above ground structure.
E. All nonexempt antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. Antenna height shall conform to the height limit of the zoning district or as otherwise approved through a conditional use permit (see Table 9-40.150 of this title).
F. All nonexempt antennas and communication systems shall be screened from view by use of buildings or landscaping to the extent possible.
G. Communication facilities shall be co-located where technologically feasible and visually beneficial. Lease agreements may not prohibit co-location or contain an exclusivity clause. Violation of this provision may result in permit revocation. Facilities which are not proposed to be co-located shall provide a written explanation why the subject facility is not a candidate for co-location.
Where determined to be technically feasible and appropriate, unutilized space should be made available for co-location of other wireless communication facilities, including space for entities providing similar, competing services. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host facility to go off-line for a significant period of time.
H. No portion of an approved antenna array or communication device shall extend beyond a property line.
I. All communications systems and their appurtenant structures shall be installed and maintained in compliance with the Uniform Building Code, Public Utilities Code, and Federal Communication Commission regulations. (Ord. 98-8 § 2 (part): prior code § 9-47.040)
9-58.050 Design criteria for wireless communication facilities.
In addition to all other requirements of this chapter, all wireless communication facilities shall meet the following design requirements:
A. All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics. The smallest and least visible antennas possible shall be used to accomplish the coverage objectives.
Roof-mounted facilities shall be screened from view by a treatment which compliments the architecture of the building or structure, or be designed to be visually integrated with the host structure.
Side mounted facilities on buildings or structures shall blend with existing architectural features of the building or structure. If necessary, architectural features may be developed in order to create a balanced appearance.
B. Alternative antenna support structures shall be used in lieu of monopoles where the opportunity exists or where visibility impacts are a concern. Facility antennas shall be integrated into existing or newly developed facilities that are functional for other purposes to the extent practical. Whenever possible, antennas shall be concealed within features such as signs, clock towers, or similar structures that are compatible with the surrounding land uses.
C. All antennas and communications systems shall be of nonreflective, glare reducing materials. Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background.
D. Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the Federal Aviation Administration (FAA). Lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles.
E. Panel antennas shall not project beyond a maximum of eighteen (18) inches from the face of the building.
F. Communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
G. Whip antennas and microwave dish antennas shall be integrated into the design of the structure and/or fully screened from public view.
H. Lattice towers shall not be permitted.
I. Accessory support facilities, such as electrical cabinets and equipment rooms shall be placed within an interior space of the existing building, underground, within a landscaped planter within the existing parking lot, or on the rooftop of the subject building. Support facilities shall be designed to match the architecture of adjacent buildings and/or screened from public view by walls, fences, parapets, landscaping, and similar treatments.
J. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.
K. No chain link fence is permitted in association with any facility. (Ord. 98-8 § 2 (part): prior code § 9-47.050)
9-58.060 Permits required.
Within all zoning districts, all nonexempt installations shall require the approval of a conditional use permit, with the exception of those that will be entirely hidden by screening or are located entirely within an existing structure, and comply with all height and location requirements of the relevant zoning district. These facilities shall require the approval of a minor site development permit.
In addition to the conditional use permit findings identified in Chapter 9-92 of this title, the hearing body shall make the following findings for the approval of nonexempt communication facilities that require approval of a conditional use permit:
A. That there are no reasonable design or location alternatives to the requested use that would have less adverse affects on the surrounding property or be less detrimental to the public health, safety and welfare;
B. That the facility structures and equipment are located, designed and screened to blend with the existing natural environment or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication services and the need to be compatible with the character of the community;
C. That the facility is designed to blend with any existing supporting structures and does not substantially alter the character of the structure or local area. (Ord. 98-8 § 2 (part): prior code § 9-47.060)
9-58.070 Application submittal requirements.
In addition to the application submittal requirements specified in Chapter 9-92 of this title, the following information shall be provided with all wireless communication facility applications:
A. Photo simulations accompanied by a map indicating the location from which each image was taken;
B. A description of services proposed to be offered in conjunction with the proposed facility;
C. A justification study indicating the rationale for selection of the proposed site in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant’s master plan which indicates the proposed site in relation to the provider’s existing and proposed network of sites within the city and surrounding areas, including a map and narrative description of each site. For modifications or alterations to existing facilities, the applicant may be required to submit a justification study limited to the need to modify, alter, or expand the facility;
D. A co-location study examining the potential for co-location at an existing site. A good faith effort in achieving co-location shall be required of all applicants. Applicants who propose facilities which are not co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location;
E. At the discretion of the Community Development Director, the applicant may be required to provide an authorization and waiver to permit the city to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunication facility, including but not limited to, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices. Any authorization for this purpose shall include an agreement by the applicant to reimburse the city for all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is deemed not to be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. (Ord. 98-8 § 2 (part): prior code § 9-47.070)
9-58.080 Nonconforming systems.
All antenna and communications systems legally constructed and erected prior to this chapter becoming effective, are considered legal nonconforming uses and shall be subject to abatement the same as any other legal nonconforming use and/or structure. (Ord. 98-8 § 2 (part): prior code § 9-47.080)
9-58.090 Permit review, renewal and revocation.
The city recognizes that the technology associated with telecommunication equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates that telecommunication antennas and related equipment with reduced visual impacts will be available in the future with comparable or improved coverage and capacity capabilities.
The city finds that it is in the interest of the public health, safety and welfare that telecommunication providers be required to replace older facilities with newer equipment of equal or greater capacity and reduced visual impacts as technological improvements become available.
Permitted wireless communication facilities shall be reviewed five years from the approval date in order to review new technologies. No vested right to any facility shall exceed said five year period. (Ord. 98-8 § 2 (part): prior code § 9-47.090)