Chapter 19.23
WIRELESS COMMUNICATION FACILITIES (WCF) ATTACHED AND DETACHED
Sections:
19.23.030 Permitted locations.
19.23.050 Overall performance standards.
19.23.060 Application review time frame.
19.23.070 Additional review procedures.
19.23.010 Purpose.
In order to implement the purposes and policy set forth in the city’s comprehensive plan, this chapter provides design and review procedures for wireless communications facilities. These provisions are intended to provide objective design criteria to assist in minimizing the visually obtrusive impacts which can be associated with wireless communications facilities and to encourage creative approaches in the location and construction of wireless communications facilities. Congress and the Federal Communications Commission (“FCC”) have, pursuant to the authority granted by 17 USC Section 253(c) and 47 USC Section 332(a), required local governments to act on wireless communication facility applications within a reasonable period of time and have established time limits or “shot clocks” for local review. Accordingly, the city adopts the following time limits for review of applications for eligible facility requests, and other approvals for service providers of telecommunication services. [Ord. 1020 § 1 (Att. A), 2022.]
19.23.020 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones under an administrative review:
(A) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
(B) Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale.
(C) Facilities used exclusively for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.
(D) Wireless radio utilized for temporary emergency communications in the event of a disaster.
(E) Licensed amateur (ham) radio stations.
(F) Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property.
(G) WCF which existed on or prior to the effective date of the ordinance codified in this chapter, except that this exemption does not apply to modifications of existing facilities.
(H) Routine maintenance or repair of a WCF and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this chapter is maintained.
(I) Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless communications facility until 10 days after the completion of such emergency activity. [Ord. 1020 § 1 (Att. A), 2022.]
19.23.030 Permitted locations.
(A) New Towers. New freestanding towers may be located in the industrial/retail (IR), light industrial (LI) and heavy industrial (HI) zoning districts and upon any property containing an existing public use within any zoning district.
(B) Collocation and Minor Facilities. WCFs may also be placed on the following existing buildings or structures:
(1) Collocation on existing, lawfully established monopole, lattice or guyed towers.
(2) Minor facilities located on existing nonresidential buildings.
(C) WCFs located on existing light standards and power poles within public rights-of-way; provided, however, that only one WCF shall be located on any light standard or power pole.
(D) Lattice and guyed towers shall not be permitted in the city. [Ord. 1020 § 1 (Att. A), 2022.]
19.23.040 General provisions.
(A) Principal or Accessory Use. WCFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a WCF on that lot.
(B) Not Essential Public Facilities. WCFs are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.
(C) FCC Licensing. The applicant must demonstrate that it is licensed by the FCC, acting on behalf of an FCC-licensed carrier, or that such a license is not required under FCC regulations.
(D) Lot Size. For purposes of determining whether the installation of a WCF complies with development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a WCF is located on a leased portion of a lot.
(E) Signs. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, other than safety warnings required by law and identification information convenient to the facility owner not exceeding 12 inches by 18 inches.
(F) Lighting. WCFs shall not be artificially lighted unless required by the FAA or other applicable authority.
(G) Cumulative Effects. The city shall consider the cumulative visual effects of WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits can be granted so as not to adversely affect the visual character of the city.
(H) City Design Standards. WCF installations shall comply with all relevant provisions of the city of Granite Falls design standards.
(I) Business License. All applicants shall obtain a city of Granite Falls business license, if required, prior to issuance of any permits. [Ord. 1020 § 1 (Att. A), 2022.]
19.23.050 Overall performance standards.
Wireless Communication Facilities (WCF) (Attached and Detached). Attached and detached wireless communications facilities other than small cell facilities permitted pursuant to Chapter 19.22 GFMC or eligible facilities requests shall meet the following performance standards:
(A) All WCFs shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of vegetative screening, compatible materials, location, color, stealth technologies which cause the WCF to appear to be something other than a WCF that is already presenting the visual landscape (e.g., grain silos, flag poles, church steeples, trees, etc.).
(B) Separation Distance. In all single-family residential and commercial districts, detached WCFs except for small cell facilities shall be separated by a distance equal to or greater than 1,320 linear feet. WCFs that are collocated upon a single support structure shall count as a single WCF for the purposes of this subsection.
(C) WCFs mounted on existing nonresidential buildings and structures or collocated on existing support structures are permitted with an administrative review and a building permit approved by the designated official. For the purposes of GFMC 19.04A.210(D), these proposals shall be considered minor development proposals (Type I). Such proposals shall be approved if the following conditions are met:
(1) For minor, building-mounted WCFs, the combined antennas and supporting hardware shall not extend more than 10 feet above the roof structure. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 10 feet above the roof proper.
(2) For WCFs located on light standards and power poles, all ancillary equipment must be located underground and only one whip antenna less than 10 feet in height or one tubular antenna less than six feet in height shall be permitted. In the event that an electric utility located upon the power pole requires vertical separation between its electric facilities and the antenna so mounted, the antenna may be raised by a mount to accommodate the separation requirement to an elevation not exceeding an additional 10 feet for power poles less than or equal to 40 feet in height or 15 feet for power poles greater than 40 feet in height or the required separation, whichever is less. Any such mount shall be no greater in diameter than the existing power pole and shall be designed to blend into the colors and textures of the existing power pole. The height of such a replacement pole may be increased to accommodate the utility separation requirements as provided in the preceding sentence.
(3) To the greatest extent possible, antennas shall be camouflaged, located and/or designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall blend into the existing environment. Panel and parabolic antennas shall be completely screened, camouflaged, or disguised.
(4) Where applicable, antennas shall meet architectural design standards as required.
(D) New freestanding WCFs, all nonexempt repair and maintenance, the expansion and/or alteration of existing WCFs, and all other WCFs not meeting the criteria for an administrative review under subsection (B) of this section require a conditional use permit to be issued by the city’s hearing examiner. For the purpose of GFMC 19.04A.210(D), these proposals shall be considered major development proposals (Type III). Such proposals shall conform to the following site development standards:
(1) Monopoles.
(a) No monopole shall exceed 120 feet in height from the natural grade of the site. Height shall be measured from the ground to the highest point on the WCF. Such facilities shall be located in such a manner that at least 80 percent of the tower is screened by existing buildings or trees. There shall be a minimum of at least 15 existing or newly planted trees evenly spaced within 50 feet of the tower in such a manner that the maximum screening effect is achieved. Any new trees shall be at least 15 feet in height and always maintained in a healthy condition. In the event any such tree shall become diseased or suffer other mortality, it shall be replaced with a tree meeting the requirements of this subsection.
(b) Placement of a monopole shall be denied if placement of the antennas on an existing building structure or collocation can provide reasonable opportunities for the provision of personal wireless services.
(c) A monopole, including the support structure and associated electronic equipment and housing, shall have a minimum setback from the property line(s) equal to the height of the tower. For WCFs located on lots adjacent to residentially zoned properties, the setback requirement shall be two times the height of the proposed WCF tower/facility. The hearing examiner may modify these setback standards if the applicant demonstrates that doing so will allow for improved buffering or camouflaging of the WCF as described in subsection (C)(3) of this section.
(2) Screening – Generally. All WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
(a) Use existing site features to screen as much of the total WCF as possible from prevalent views; and/or
(b) Use existing site features as a background so that the total WCF blends into the background with increased sight distances.
(3) Landscaping. In reviewing the proposed placement of a facility on the site and any associated landscaping, the city may condition approval of the application by requiring that the applicant supplement existing trees and mature vegetation to screen the facility more effectively. See also subsection (F)(3) of this section.
(4) Surface Finishes. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the WCF would be viewed from a majority of points within its viewshed. Proposed color or color scheme shall be approved by the city.
(5) Equipment Enclosures. Equipment enclosures shall conform to the following:
(a) All ancillary equipment necessary for the operation of the facility shall be concealed within (i) an existing building; (ii) an architecturally compatible addition to an existing building; or (iii) a new building which is architecturally compatible with other buildings on the site and adjoining properties. Equipment enclosures shall be constructed so as to minimize visual impact and the surface and/or finish shall be a natural, nonreflective color approved by the designated official. Buildings or structures with nonmasonry exterior finishing shall be a natural, nonreflective color. Prefabricated concrete and metal structures shall not be permitted unless treated with a facade giving the appearance of masonry or wood siding and approved by the designated official;
(b) Screening of WCF equipment enclosures shall be provided with one or a combination of the following as approved by the city: underground installation (when possible), fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as practicable from any street and/or adjacent properties. Screening may be located between the enclosure and the above-mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition;
(c) Except as specifically requested by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), transmission structures shall not be illuminated, except transmitter equipment enclosures may use lighting for security reasons as long as the light is shielded downward to remain within the boundaries of the site; and
(d) No wireless enclosure reviewed under this section shall be located within required building setback areas.
(6) Criteria for Approval. The following criteria shall apply to all WCFs for which a conditional use permit is required pursuant to this chapter:
(a) Whether the applicant has demonstrated that visual, noise, and other impacts associated with the proposed facility have been minimized to the maximum extent possible using existing concealment technology, site design, noise abatement techniques, concealment, disguise, camouflage, and/or the use of architecturally compatible improvements to existing and/or new structures, and/or underground placement of ancillary equipment. In evaluating the site design, consideration will be given to whether the facility will blend into the surrounding topography, tree coverage, foliage, and other natural and/or built features and whether locating the facility in alternative locations upon the subject property, or other reasonably available properties, would better conceal the facility;
(b) Whether the applicant has demonstrated that the design of the proposed facility complies with the purpose and intent of this chapter;
(c) Whether alternative locations, including other collocations and alternative support structures, are available for the proposed facility;
(d) Whether the proposed facility will be compatible with present and potential surrounding land uses;
(e) Whether the beneficial impacts of the proposal outweigh the detrimental impacts of the proposal; and
(f) Whether approval of the proposed facility would endanger the public health, safety, or general welfare.
(7) Public Hearing. The hearing examiner shall conduct an open public hearing prior to acting on conditional use permit applications under this chapter.
(E) Lattice and guyed towers shall not be permitted in the city.
(F) Security fencing, if used, shall conform to the following:
(1) No fence shall exceed six feet in height;
(2) Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
(3) Chain-link fences shall be painted or coated with a nonreflective color and shall have a minimum three-foot-wide area to be planted with approved plant species in a manner that will completely screen the fencing.
(G) Noise. No equipment shall be operated at a WCF (attached or detached) so as to produce noise in excess of the applicable noise standards under applicable municipal code, except for in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis. Air conditioning and ventilation equipment associated with the ancillary equipment of the WCF shall be designed and configured in a manner so that noise impacts on adjacent properties with residential uses are minimized to the maximum extent practicable through the use of baffling and/or other noise attenuation techniques and that the noise levels generated by the ancillary equipment otherwise comply with applicable noise regulations adopted by the city. In descending order, preference shall be given to the following configurations of air conditioning and ventilation equipment: (1) orientation toward properties with nonresidential uses; (2) orientation toward streets; and (3) orientation toward the furthest residential use.
(H) Collocation. It is the policy of the city to minimize the number of detached WCFs and to encourage the collocation of more than one WCF on a single support tower. No new detached WCFs may be constructed unless it can be demonstrated to the satisfaction of the permit authority that existing support towers are not available for collocation of an additional WCF, or that their specific locations do not satisfy the operational requirements of the applicant. In addition, all detached WCFs shall be designed to promote facility and site sharing. All facilities shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a period of time. Nothing in this section shall prohibit the owner of an existing facility from charging a reasonable fee for collocation of other telecommunications facilities.
(I) Abandonment and Obsolescence. A WCF shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair.
(J) Maintenance. All WCFs shall be maintained in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(K) Electromagnetic Emissions. All applicants shall demonstrate compliance with all applicable FCC regulations regarding the radio frequency emissions of WCFs. If at any time radio frequency emissions exceed any of the standards established by the FCC, the applicant shall immediately discontinue use of the WCF and notify the city. Use of the WCF may not resume until the applicant demonstrates that corrections have been completed which reduce the radio frequency emissions to levels permitted by the FCC.
(L) Special Exceptions. When adherence to the development standards would result in a significant gap in coverage for a WCF or prevent an applicant from addressing a significant capacity need, a special exception may be granted by the approval authority if the permit authority determines that the proposal utilizes the least intrusive means of closing the gap in coverage or addressing the capacity need, as applicable. The applicant has the burden of proof of establishing the gap or need and that the proposal is the least intrusive means of so doing.
(M) Use of City Right-of-Way. Any telecommunications carrier who desires to construct, install, operate, maintain, or otherwise locate telecommunication facilities in, under, over, or across any public right-of-way of the city for the purpose of providing telecommunications services shall obtain permission from the city, and enter into a right-of-way franchise agreement authorizing use of the city right-of-way. Small cells attached to utility poles, street lights and traffic signals are exempted from the setback requirements.
(N) Conditional Use Permit Criteria. In addition to any performance standards for conditional use permits under applicable municipal code, a conditional use permit for a detached WCF other than a small cell in the public right-of-way shall only be approved if the wireless provider can demonstrate that no other attached WCF alternative(s) are available that can provide the same level of service coverage to the targeted area. [Ord. 1020 § 1 (Att. A), 2022.]
19.23.060 Application review time frame.
(A) Eligible Facilities Request.
(1) Application. The designated official shall prepare 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 facility request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
(2) Type of Review. Upon receipt of an application for an eligible facility request pursuant to this chapter, the designated official shall review such application to determine whether the application qualifies as an eligible facility request.
(3) Time Frame for Review. Within 60 days of the date on which an applicant submits an application seeking approval under this chapter, the designated official shall approve the application unless it determines that the application is not covered by this section.
(4) Tolling of the Time Frame for Review. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the designated official and the applicant or in cases where the designated official determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications.
(a) To toll the time frame for incompleteness, the designated official shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application.
(b) The time frame for review begins running again when the applicant makes supplemental submission in response to the designated official’s notice of incompleteness.
(c) Following a supplemental submission, the designated official will notify the applicant within 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 this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(5) Determination That Application Is Not an Eligible Facilities Request. If the designated official determines that the applicant’s request does not qualify as an eligible facility request, the designated official shall deny the application. In the alternative, to the extent additional information is necessary, the designated official may request such information from the applicant to evaluate the application under other provisions of this chapter and applicable law.
(6) Failure to Act. In the event the designated official fails to approve or deny a request for an eligible facility request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the designated official in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(7) Remedies. Both the applicant and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction.
(B) Collocation. Eligible collocations other than those defined in this section shall be processed within 90 days of receipt of a complete application. The designated official will notify the applicant within 30 days of receipt of an application whether it is complete or if additional information is required. The term “collocation” shall not apply to the initial placement of a small cell facility on a utility pole or on any other base station or tower that was not constructed for the sole or primary purpose of an FCC-licensed antenna and their associated facilities.
(C) New Wireless Communication Facilities. New wireless communications facilities shall be processed within 150 days of receipt of a complete application. The designated official will notify the applicant within 30 days of receipt of an application whether it is complete or if additional information is required. [Ord. 1020 § 1 (Att. A), 2022.]
19.23.070 Additional review procedures.
Wireless communication facilities are required to comply with all other applicable review procedures and regulations duly adopted by city code. [Ord. 1020 § 1 (Att. A), 2022.]