Chapter 17.26
WIRELESS COMMUNICATION FACILITIES
Sections:
17.26.040 Operational standards.
17.26.060 Review procedures and requirements.
17.26.070 Standards for approval.
17.26.010 Definitions.
“Alternative tower structure” means manmade trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures and camouflage or conceal the presence of antennas or towers so as to make them architecturally compatible with the surrounding area pursuant to this title. This term also includes any antenna or antenna array attached to an alternative tower structure. A stand-alone pole in the right-of-way that accommodates small cell facilities is considered an alternative tower structure to the extent it meets the camouflage and concealment standards of this title.
“Antenna” means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to, panel antennas, reflecting discs, microwave dishes, whip antennas, directional and nondirectional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations. Exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.
“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The definition of “base station” does not include or encompass a tower as defined herein or any equipment associated with a tower. Base station does include, without limitation:
1. Equipment associated with wireless communications services such as private broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the city under this title, has been reviewed and approved under the applicable zoning or siting process or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small-cell networks) that, at the time the relevant application is filed with the city under this chapter, has been reviewed and approved under the applicable zoning or siting process or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The definition of “base station” does not include any structure that, at the time the relevant application is filed with the city under this chapter, does not support or house equipment described in subsections (1) and (2) of this definition.
Camouflage, Concealment, or Camouflage Design Techniques. Wireless communication facilities (WCF) are camouflaged or utilize camouflage design techniques when any measures are used in the design and siting of a WCF with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage design techniques when it (1) is integrated as an architectural feature of an existing structure such as a cupola, or (2) is integrated in an outdoor fixture such as a flagpole, or (3) uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree) or is incorporated into (including without limitation being attached to the exterior of such facilities and painted to match it) or replaces existing permitted facilities (including without limitation stop signs or other traffic signs, or freestanding light standards) so the presence of the WCF is not readily apparent.
“Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving: (1) collocation of new transmission equipment, (2) removal of transmission equipment, or (3) replacement of transmission equipment.
“Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city under this section.
“Existing tower or base station” means a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built; for example, a tower that exists as a legal, nonconforming use and was lawfully constructed is existing for purposes of this definition.
“OTARD” means an over-the-air receiving device.
“OTARD antenna” means (1) an antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, which is one (1) meter or less in diameter; or (2) an antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, which is one (1) meter or less in diameter or diagonal measurement; or (3) an antenna that is designed to receive television broadcast signals.
“OTARD antenna structure” means any pole, tower, or other structure designed and intended to support an OTARD antenna.
“Site for towers (other than towers in the right-of-way and eligible support structures)” means the current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. A site, for other alternative tower structures, base stations, and small cell facilities in the right-of-way, is further restricted to that area comprising the base of the structure and to other related accessory equipment already deployed on the ground.
“Small cell facility” means a WCF where each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet, and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.
“Substantial change for eligible support structures” means a modification that substantially changes the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria: (1) for towers other than alternative tower structures or towers in the right-of-way, it increases the height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array, with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; (2) for towers other than towers in the right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; (3) for any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or for towers in the right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; (4) for any eligible support structure, it entails any excavation or deployment outside the current site; (5) for any eligible support structure, it would undermine the concealment elements of the eligible support structure; or (6) for any eligible support structure, it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subsections (1), (2) and (3) of this definition. For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as nonbuildings’ rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications approved prior to the effective date of this section.
“Tower” means any structure that is designed and constructed and primarily built for the sole or primary purpose of supporting one (1) or more FCC-licensed or authorized antennas and their associated facilities, including structures constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes self-supporting lattice towers, guy towers, monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.
“Transmission equipment” means equipment that facilitates transmission for any FCC licensed or authorized wireless communication service including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
“Wireless communications facility or WCF” means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building, where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only, and is otherwise permitted under other provisions of the code. A WCF includes an antenna or antennas including, without limitation, direction, omni-directional, and parabolic antennas, base stations, support equipment, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached, if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this section. (Ord. 2017-5 § 1 (part))
17.26.020 Intent and purpose.
In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that regulations are necessary to:
A. Provide for the managed development and installation, maintenance modification, and removal of wireless communications infrastructure in the city with the fewest number of wireless communications facilities (WCFs) to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services, including all of those who install, maintain, operate, and remove WCFs;
B. Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques including, but not limited to, camouflage design techniques and undergrounding of WCFs and the equipment associated therewith;
C. Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs;
D. Encourage the use of wall-mounted panel antennas;
E. Encourage roof-mounted antennas only when wall-mounted antennas will not provide adequate service or are not otherwise feasible;
F. Encourage the location of towers in nonresidential areas in a manner that minimizes the total number of towers needed throughout the community;
G. Strongly encourage the collocation of WCFs on new and existing sites;
H. Encourage owners and users of antennas and towers to locate them, to the extent possible, in areas where the adverse impact to the community is minimized;
I. Enhances the ability of wireless communications service providers to provide such services to the community quickly, effectively, and efficiently;
J. Effectively manage WCFs in the public right-of-way;
K. Manage amateur radio facilities and over-the-air devices in the city. (Ord. 2017-5 § 1 (part))
17.26.030 Applicability.
A. The requirements set forth in this chapter shall apply to all WCF applications for base stations, alternative tower structures, towers, micro cells, and small cells as defined in Section 17.26.010 and further addressed herein.
B. The requirements set forth in this chapter shall not apply to:
1. Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator or are exclusively receive-only antennas, provided the requirement that the height be no more than the distance from the base of the antenna to the property line is met.
2. Preexisting WCFs. Any WCF for which a permit has been properly issued prior to July 20, 2017, shall not be required to meet the requirements of this chapter, other than the requirements of Section 17.26.050. Changes and additions to preexisting WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of Section 17.26.040. Notwithstanding the foregoing, any modifications qualifying as an eligible facilities request shall be evaluated under Sections 17.26.060(A)(5) and (8).
3. Miscellaneous Antennas. Antennas used for reception of television, multichannel video programming, and radio such as over-the-air receiving device (OTARD) antennas, television broadcast band antennas, and broadcast radio antennas, provided any requirements related to accessory uses contained in this chapter of this code and the requirement that the height be no more than the distance from the base to the property line are met. The Zoning Administrator or his or her designee has the authority to approve modifications to the height restriction related to OTARD antennas and OTARD antenna structures if, in the reasonable discretion of the Zoning Administrator, modifications are necessary to comply with federal law. (Ord. 2017-5 § 1 (part))
17.26.040 Operational standards.
A. Federal Requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changed, then the owners of the WCF governed by this section shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner’s expense.
B. Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the city, the city may request that the owner or operator of the WCF provide information demonstrating compliance. If such information suggests, in the reasonable discretion of the Zoning Administrator, that the WCF may not be in compliance, the Zoning Administrator may request, and the owner or operator of the WCF shall submit, a project implementation report, which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the Zoning Administrator finds that the facility does not meet federal standards, the Zoning Administrator may require corrective action within a reasonable period of time, and, if not corrected, may require removal of the WCF pursuant to subsection A of this section. Any reasonable costs incurred by the city, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the applicant.
C. Signal Interference. All WCFs shall be designed and sited consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone, and other communication services utilized by adjacent residential and nonresidential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the city to monitor interference levels with public safety communications during this process. Additionally, the applicant shall notify the city at least ten (10) calendar days prior to the introduction of new service or changes in existing service and shall allow the city to monitor interference levels with public safety communications during the applicant’s testing process.
D. Legal Access. In all applications for WCFs, an applicant must warrant and represent that it has the written agreement of the owner of the property that is the subject of the application for legal access to and from the WCF, and the applicant must also warrant and represent that it will have legal access to the utilities to operate and maintain the WCF.
E. Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If, upon inspection, the Zoning Administrator concludes that a WCF fails to comply with such codes and constitutes a danger to persons, property, or the environment, then, upon written notice being provided to the owner of the WCF, the owner shall have thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Zoning Administrator may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the city may remove such WCF at the owner’s expense. If the WCF poses an immediate danger to persons, property, or the environment, the city may cause for the WCF to be immediately deactivated or removed. The Zoning Administrator will provide notice of such immediate deactivation or removal to the applicant as soon as practicable.
F. Abandonment and Removal. If a WCF has not been in use for a period of three (3) months, the owner of the WCF shall notify the city of the nonuse and shall indicate whether reuse is expected within the ensuing three (3) months. Any WCF that is not operated for a continuous period of six (6) months shall be considered abandoned. The Zoning Administrator, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within thirty (30) days of receipt of written notice from the city. If such WCF is not removed within said thirty (30) days, the city may remove it at the owner’s expense, and any approved permits for the WCF shall be deemed to have expired. (Ord. 2017-5 § 1 (part))
17.26.050 Design standards.
A. The requirements set forth in this section shall apply to the location and design of all WCFs governed by this section as specified below; provided, however, that the Zoning Administrator may waive these requirements if it determines that the goals of this section are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the city, consistent with other provisions of this code.
1. Camouflage/Concealment. All WCFs and any transmission equipment shall, to the extent possible, use camouflage design techniques including, but not limited to, the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF into the surrounding natural setting and built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels.
a. Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., placed underground, depressed, or located behind earth berms) to minimize their profile.
b. The camouflage design may include the use of alternative tower structures should the Zoning Administrator or his or her designee determine that such design meets the intent of this code and the community is better served thereby.
c. All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of nonreflective materials (visible exterior surfaces only).
2. Hazardous Materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.
3. Siting.
a. No portion of any WCF may extend beyond the property line.
b. Collocation. WCFs may be required to be designed and constructed to permit the facility to accommodate WCFs from at least two (2) wireless service providers on the same WCF, unless the Zoning Administrator approves an alternative design. No WCF owner or operator shall unfairly exclude a competitor from using the same facility or location.
c. WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below code standards.
4. Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the Zoning Administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.
5. Landscaping and Fencing Requirements.
a. WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel below code standards.
b. WCFs shall be landscaped with a buffer of plant materials that effectively screens the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site. Where the Zoning Administrator has requested additional landscaping, the Zoning Administrator may require irrigation requirements for the landscaping.
c. Where fencing is required by the Zoning Administrator, the fencing material shall not be wire.
d. In a location where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived altogether by the Zoning Administrator.
e. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as WCFs sited on large, wooded lots, natural growth around the site perimeter may be sufficient to buffer.
f. No trees larger than three and one-half (3.5) inches in diameter measured at two (2) feet high on the tree may be removed, unless authorized by the Zoning Administrator. To obtain such authorization, the applicant shall show that tree removal is necessary; the applicant’s plan minimizes the number of trees to be removed; and any trees removed are replaced at a ratio of two (2) to one (1). The Zoning Administrator may designate a tree caliper requirement for all replacement trees.
6. Noise. Noise generated on the site must not exceed the levels permitted in the City Code, except that a WCF owner or operator shall be permitted to exceed city’s noise standards for a reasonable period of time during repairs, not to exceed two (2) hours without prior authorization from the City Manager.
7. Additional design requirements shall be applicable to the various types of WCFs as specified below:
a. Base Stations. If an antenna is installed on a structure other than a tower or alternative tower structure, such as a base station or micro cell (including, but not limited to, the antennas and accessory equipment), it shall be of a neutral, nonreflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible, including, for example, without limitation, painting the antennas and accessory equipment to match the structure.
i. Require that any ground-mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Zoning Administrator, and may, where appropriate, require a flush-to-grade underground equipment vault.
b. Alternative Tower Structures and Small Cell Facilities. Alternative tower structures shall be designed and constructed to look like a building, facility or structure typically found in the area and shall:
i. With respect to its pole-mounted components, be located on or within an existing utility pole serving another utility;
ii. Be camouflaged/concealed consistent with other existing natural or manmade features in the right-of-way near the location where the alternative tower structure will be located;
iii. With respect to its pole components, be located on or within a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives, and the applicant is authorized to construct the new utility poles;
iv. To the extent reasonably feasible, be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the alternative tower structure;
v. Be sized to minimize the negative aesthetic impacts to the public right-of-way;
vi. Be designed such that antenna installations on traffic signal standards are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered;
vii. Require that any ground-mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Zoning Administrator and may, where appropriate, require a flush-to-grade underground equipment vault; and
viii. Not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. The alternative tower structure must comply with the Americans with Disabilities Act and every other local, state, and federal laws and regulations. No alternative tower structure may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the city, the general public, or other person authorized to use or be present upon the right-of-way, when an alternative exists that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.
c. Towers.
i. Towers shall either maintain a galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the Zoning Administrator;
ii. Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;
iii. Monopole support structures shall taper from the base to the tip;
iv. All towers, excluding alternative tower structures in the right-of-way, shall be enclosed by security fencing or wall at least six (6) feet in height and shall also be equipped with an appropriate anti-climbing device.
d. Related Accessory Equipment. Accessory equipment for all WCFs shall meet the following requirements:
i. All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible;
ii. The total footprint coverage area of the WCF’s accessory equipment shall not exceed three hundred fifty (350) square feet;
iii. No related accessory equipment or accessory structure shall exceed twelve (12) feet in height;
iv. Accessory equipment including, but not limited to, remote radio units shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed. (Ord. 2017-5 § 1 (part))
17.26.060 Review procedures and requirements.
A. No new WCF shall be constructed, and no collocation or modification to any WCF may occur, except after a written request from an applicant, and it is reviewed and approved by the city in accordance with this chapter. All WCFs, except eligible facilities requests which are reviewed under subsections (A)(5) and (8) of this section, shall be reviewed pursuant to the following procedures. A fee of three hundred dollars ($300) shall accompany each application.
1. Submittal Requirements. In addition to an application form, signal interference letter, and submittal fees, each applicant shall submit a scaled site plan, photo simulations, scaled elevation view, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this chapter.
2. Inventory of Existing Sites. Each applicant for a WCF shall provide to the Zoning Administrator a narrative and map description of the applicant’s existing or then currently proposed WCFs within the city and outside of the city within one (1) mile of its boundaries. In addition, the applicant shall inform the city generally of the areas in which it believes WCFs may need to be located within the next three (3) years. The inventory list should identify the site name, site address, and a general description of the facility (i.e., rooftop antennas and ground-mounted equipment). This provision is not intended to be a requirement that the applicant submit its business plan, proprietary information, or make commitments regarding locations of WCFs within the city, and all applicants for WCFs share general information, assist in the city’s comprehensive planning process, and promote collocation by identifying areas in which WCFs might be appropriately constructed for multiple users.
The Community Development Department may share such information with other applicants applying for administrative approvals or conditional permits under this section or other organizations seeking to locate WCFs within the jurisdiction of the city; provided, however, that the Community Development Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
3. In all zoning districts, applications for base stations, alternative tower structures, and alternative tower structures within rights-of-way shall be reviewed by the Zoning Administrator for conformance to this chapter and code using the site plan review procedures set forth in Chapter 17.32. Except for WCFs in the rights-of-way that otherwise meet all requirements of this chapter, should the Zoning Administrator consider the proposed WCF to have a significant visual impact, (i.e., proximity to historical sites) or otherwise be incompatible with the structure or surrounding area, or not meet the intent of these provisions, the Zoning Administrator may refer the application to City Council for approval, after a recommendation by the Planning Commission in the same manner as a site plan provided in Chapter 17.32.
4. In all zoning districts, all other towers may be permitted only as a special use. WCFs shall be reviewed for conformance to this section and code using the special use review procedures set forth in Chapter 17.32. All applications for towers shall demonstrate that other alternative design options such as base stations or alternative tower structures are not viable options as determined by the city. Notwithstanding anything in this title to the contrary, no towers located in the right-of-way shall exceed thirty-five (35) feet in height.
5. Review Procedures for Eligible Facilities Requests.
a. Application. In all zoning districts, eligible facilities requests shall be considered a use by right subject to administrative review. The city shall prepare, and from time to time revise and make publicly available, an application form which shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. Such information may include, without limitation, whether the project:
i. Would result in a substantial change;
ii. Violates a generally applicable law, regulation, or other rule codifying objective standards reasonably related to public health and safety.
The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation.
b. Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this section, the Zoning Administrator shall review such application to determine whether the application so qualifies.
c. Time Frame for Review. Subject to the tolling provisions of subsection (A)(5)(d) of this section, within sixty (60) days of the date on which an applicant submits an application seeking approval under this section, the city shall approve the application unless it determines that the application is not covered by this subsection.
d. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the application is filed and may be tolled only by mutual agreement of the city and the applicant, or in cases where the Zoning Administrator determines that the application is incomplete:
i. To toll the time frame for incompleteness, the city must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application;
ii. The time frame for review begins running again when the applicant makes a supplemental written submission in response to the city’s notice of incompleteness; and
iii. Following a supplemental submission, the city will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsection (A)(5)(d)(i) of this section. In the case of a second or subsequent notice of incompleteness, the city may not specify missing information or documents that were not delineated in the original notice of incompleteness.
e. Failure to Act. In the event the city fails to act on a request seeking approval for an eligible facilities request under this section within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant becomes effective when the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
f. Interaction with Telecommunications Act Section 332(c)(7). If the city determines that the applicant’s request is not an eligible facilities request as delineated in this chapter, the presumptively reasonable time frame under Section 332(c)(7), as prescribed by the FCC’s shot clock order, will begin to run from the issuance of the city’s decision that the application is not a covered request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.
6. Abandonment and Removal. Prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of six (6) months.
7. Decision. Any decision to approve, to approve with conditions, or to deny an application for a WCF shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.
8. Compliance with Applicable Law. Notwithstanding the approval of an application for new WCFs or collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in city code and any other applicable laws or regulations. In addition, all WCF applications shall comply with the following:
a. Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;
b. Comply with easements, covenants, conditions, and/or restrictions on or applicable to the underlying real property;
c. Maintain in good working condition and to the standards established at the time of application approval; and
d. Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable and in no instance more than ten (10) calendar days from the time of notification by the city or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on WCFs located in the rights-of-way or on other city-owned property may be removed by the city at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the city.
9. Compliance Report. Upon request by the city, the applicant shall provide a compliance report within forty-five (45) days after installation of a WCF, demonstrating that, as installed and in operation, the WCF complies with all conditions of approval, applicable code requirements, and standard regulations. (Ord. 2017-5 § 1 (part))
17.26.070 Standards for approval.
A. It is the intent of the city to provide for approval of WCFs administratively in cases where visual impacts are minimized, view corridors are protected, WCFs utilize appropriate camouflage/concealment design techniques to avoid adverse impacts on the surrounding area, and WCFs are designed, maintained, and operated at all times to comply with the provisions of this chapter and all applicable law. Notwithstanding the approval of an application for collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in City Code and any other applicable regulations.
WCFs, which are not eligible facilities requests, shall be evaluated for approval subject to compliance with the design standards of Section 17.26.050 and the following criteria:
1. Base Stations.
a. Such facilities shall be architecturally compatible with respect to attachments and colored to match the building or structure to which they are attached;
b. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be six (6) feet;
c. Wall-mounted WCFs shall not extend above the roofline; and
d. Roof-mounted WCFs shall be approved only where an applicant demonstrates a wall-mounted WCF is inadequate to provide service and evaluated for approval based upon the following criteria. By filing an application for a roof-mounted WCF, an applicant is certifying agreement to the city’s determination that the height extensions described in subsections (A)(1)(d)(i) and (ii) of this section are the maximum heights that will allow the WCF to be camouflaged, and any additional increase in height will undermine the camouflage nature of the site.
i. Roof-mounted antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached; and
ii. Other roof-mounted transmission equipment shall extend no more than ten (10) feet above any parapet of a flat roof upon which they may be placed and shall not be permitted on a sloped roof.
2. Alternative Tower Structures.
a. Such structures shall be architecturally compatible with the surrounding area;
b. Height and size of the proposed alternative tower structure should be minimized as much as possible;
c. WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries;
d. WCFs should take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;
e. Compatibility with the surrounding topography;
f. Compatibility with the surrounding tree coverage and foliage;
g. Compatibility of the design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and
h. Impact on the surrounding area of the proposed ingress and egress, if any.
3. WCFs within Right-of-Way. An alternative tower structure or small cell facility may be deployed in the right-of-way, including the utilization of a traffic signal, street light pole, or similar structure within a public right-of-way or freestanding structure. Such facilities shall remain subject to the alternative tower structure’s standards of approval noted above and subject to the following criteria below:
a. The pole or structure is not more than ten (10) feet higher (as measured from the ground to the top of the pole) than any existing similar utility or traffic signal within five hundred (500) feet of the pole or structure.
b. Any such pole shall in no case be higher than thirty-five (35) feet.
c. Any new pole for WCFs shall be separated from any other similar pole, accessory equipment, or wireless communication facility in the right-of-way by a distance of at least one hundred (100) feet.
d. When placed near a residential property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties or on the corner formed by two (2) intersecting streets.
e. Collocations are strongly encouraged and the number of poles within the right-of-way should be limited as much as possible.
f. Equipment enclosures shall be located out of view as much as possible.
4. All Other Towers. The city shall consider the following factors in determining whether to issue a special use approval, although the city may waive or reduce the burden on the applicant of one (1) or more of these criteria if the city concludes that the goals of this chapter are better served thereby:
a. Height or size 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. Compatibility with the surrounding topography;
e. Compatibility with the 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. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing WCFs can accommodate the needs the applicant proposes to address with its tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following:
i. No existing WCFs with a suitable height are located within the geographic area required to meet the applicant’s engineering requirements;
ii. Existing WCFs do not have sufficient structural strength to support applicant’s proposed WCF;
iii. The applicant’s proposed WCFs would cause electromagnetic interference with the WCFs on the existing WCFs, or the existing WCF would cause interference with the applicant’s proposed WCF; and
iv. The applicant demonstrates there are other limiting factors that render existing WCFs unsuitable for collocation.
j. Setbacks and Separation. The following minimum setbacks and separation requirements shall apply to all WCFs for which a conditional use approval is required; provided, however, that the city may reduce standard setbacks and separation requirements if the applicant demonstrates that the goals of this section can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact. A tower shall meet the greater of the following minimum setbacks from all property lines:
i. The setback for a principal building within the applicable zoning district;
ii. Twenty-five percent (25%) of the facility height, including WCFs and related accessory equipment;
iii. The tower height, including antennas, if the tower is in or adjacent to a residential district; and
iv. Towers over fifty (50) feet in height shall not be located within one-quarter (1/4) mile from any existing tower that is over fifty (50) feet in height, unless the applicant has shown to the satisfaction of the city that there are no reasonably suitable alternative sites in the required geographic area which can meet the applicant’s needs. (Ord. 2017-5 § 1 (part))