Chapter 16.26
WIRELESS COMMUNICATION FACILITIES
Sections:
16.26.040 Wireless communication facility locations.
16.26.060 Site development standards.
16.26.090 Electromagnetic field (EMF) standards compliance.
16.26.100 Application requirements.
16.26.140 Rules and regulations of the city.
16.26.010 Purpose.
This ordinance addresses the issues of location and appearance associated with Wireless Communication Facilities (WCF). It provides adequate siting opportunities through a range of locations and options that minimize the visual impacts sometimes associated with wireless communications technologies. The siting of facilities on existing buildings or structures, collocation of several providers’ facilities on a single support structure or site, and visual mitigation measures are encouraged to maintain neighborhood appearance and reduce visual clutter in the city. (Ord. 783 §3(part), 2001).
16.26.020 Definitions.
“Abandonment” or “abandoned” means: (1) to cease operation for a period of sixty or more consecutive days or (2) to relocate an antenna at a point less than eighty percent of the height of an antenna support structure.
“Antenna” means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but not limited to:
1. Whip antenna: An Omni-directional antenna, which transmits and receives radio frequency signals in a 360-degree radial pattern, and is typically four inches or less in diameter.
2. Panel antenna: A directional antenna which transmits and receives radio frequency signals in a specific directional pattern of up to one hundred twenty degrees, and which is typically thin and rectangular in shape.
3. Tubular antenna: A tube typically twelve inches in diameter containing either omni-directional or directional antennas, depending on the specific site requirement. This is often used as a means to mitigate the appearance of antennas on top of light standards and power poles.
4. Parabolic (or dish) antenna: A bowl-shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.
5. Ancillary antenna: An antenna that is less than twelve inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
“Collocation” means the placement and arrangement of multiple providers’ antennas and equipment on a single support structure or equipment pad area.
“Electromagnetic field (EMF)” means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
“Equipment shelter” means the structure associated with a WCF that is used to house electronic switching equipment, cooling systems, and back-up power systems.
“Microcell” means a wireless communication facility consisting of a single antenna that is either: (a) a panel antenna four feet in height and with an area of not more than five-hundred eighty square inches; or (b) a whip antenna, no more than four inches in diameter and no more than six feet high; or (c) a tubular antenna no more than eighteen inches in diameter and six feet in height.
“Minor facility” means a wireless communication facility consisting of up to three antennas, each of which is either (a) four feet in height and with an area of not more than five-hundred eighty square inches; or (b) a whip antenna, no more than four inches in diameter and no more than six feet in length; (c) a tubular antenna no more than eighteen inches in diameter and six feet in height; and an associated equipment cabinet that is six feet or less in height and no more than forty-eight square feet in floor area.
“Personal wireless service facility (WCF)” or “wireless communication facility” or “wireless facility” or “facility” means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas.
“Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in Title 47, United States Code, Section 332 (c)(7)(C).
“Support structure” means any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted. Support structures may include the following:
1. “Lattice tower” means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.
2. “Guy tower” means a support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors.
3. “Monopole” means a support structure that consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad.
4. “Existing nonresidential structure” means existing structures identified in this ordinance to which wireless facility components may be attached with certain mitigating conditions. (Ord. 783 §3(part), 2001).
16.26.030 Exemptions.
The following are exempt from the provisions of this ordinance and shall be permitted in all zones:
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 for purposes of public safety, such as, but not limited to, police 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. Wireless Communication Facilities which legally existed or had a vested application on or prior to the effective date of this ordinance; except that this exemption does not apply to modifications of existing facilities.
H. Routine maintenance or repair of a personal wireless service facility 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 ordinance are maintained.
I. Subject to compliance with all other applicable standards of this ordinance, a building permit application need not be filed for emergency repair of a personal wireless service facility until thirty days after the completion of such emergency activity.
J. Personal wireless services and devices and wireless computer network equipment using antennas no larger than (1) three feet long for whip, (2) one foot square for panel, (3) three feet long for yagi, and (4) eighteen inches in diameter for dish or parabolic array. (Ord. 783 §3(part), 2001).
16.26.040 Wireless communication facility locations.
A. Zoning District and Height. Freestanding WCFs may be located in the multi-purpose commercial, industrial, and agricultural transition zoning districts with the following height limits as a part of the conditions of a conditional use permit
1. Industrial zones – sixty feet.
2. Multi-Purpose Commercial zones – 40 feet.
3. Agricultural Transition zones – 80 feet. Applicant may file for a variance to exceed this height if desired.
B. Existing Structures. Wireless facilities may be placed in any zoning district on the following existing structures by zoning official approval of the proposal. The height of the wireless facility must not exceed the height requirements of PMC 16.26.060(B):
1. Any free standing support structure currently used by a permitted WCF.
2. Non-residential buildings including, but not limited to, office buildings, retail buildings, industrial buildings, and clubhouses, but not including structures considered accessory structures to a residential use.
3. Minor facilities or microcells located on non-residential buildings and structures including, but not limited to, water towers, government buildings, churches, light standards in parking lots and sports fields, bridges, power poles and towers, and flag poles.
4. Rights-of-Way. Wireless facilities may be placed in the SR-12 right-of-way provided the WCF is a microcell consisting of a whip or tubular antenna placed on a light standard or power pole and the equipment cabinet is placed above or below ground. Placement of the facilities must meet State Department of Transportation guidelines and/or regulations for construction or development in State highway rights-of-ways.
C. Residential Districts. Minor facilities or microcells are permitted in residential zoning districts by zoning official approval as long as the facilities screened and/or camouflaged per PMC 16.26.060.
D. Any WCF to be located in the Pomeroy Downtown Historic District or on any historic property or object listed in the Pomeroy Local Historic Register requires a conditional use permit and review by the Pomeroy historic preservation commission as outlined in PMC 16.24.460. (Ord. 820 §1 (part), 2005; 783 §3(part), 2001).
16.26.050 General provisions.
A. Principal or Accessory Use. Wireless communication facilities will 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 Services. Wireless telecommunications facilities are not considered essential public facilities and shall not be regulated or permitted as essential public facilities.
C. FCC Licenses. The applicant must demonstrate that it has all of the permits, approvals, and licenses required by the FCC for the type of facility proposed. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if the provider is required to be licensed by the FCC.
D. Lot Size. For purposes of determining whether the installation of a wireless telecommunications facility 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 wireless telecommunications facility is located on a leased parcel within that lot.
E. Signs. No wireless telecommunications equipment shall be used for the purpose of mounting signs or message displays of any kind.
F. Lighting. Wireless facilities shall not be artificially lighted unless required by the FAA or other applicable authority.
G. Permanent Mounting Required. All commercial wireless telecommunications facilities shall be installed, erected, or mounted in a manner that is intended to be permanent. Temporary and mobile commercial facilities are not allowed except for the purpose of testing the feasibility of a particular property or site for the installation of a permanent facility.
H. Cumulative Effects. In evaluating the visual impacts of wireless communications facilities, the city shall consider the cumulative visual effects of wireless facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the city.
I. Business License. All applicants shall obtain a city of Pomeroy business license upon issuance of any permits. (Ord. 783 §3(part), 2001).
16.26.060 Site development standards.
All wireless facilities shall be constructed, erected or built in accordance with the following site development standards:
A. Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of disguise, existing buildings or vegetation and architectural integration of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. All screening and camouflaging is subject to the approval of the city.
B. Wireless facilities may be mounted on certain nonresidential buildings and structures in accordance with the limitations in PMC 16.26.040 (B)(3) with a zoning official review and a permit, provided that the following conditions are met:
1. The WCF is collocated on an existing wireless facility and conforms to height limitations of PMC 16.26.040(A); or
2. The WCF consists of a microcell or a minor facility as follows:
a. The combined antenna(s) and supporting hardware shall not extend more than fifteen feet above the existing or proposed roof structure. The antenna(s) may be mounted to rooftop appurtenances provided they do not extend beyond fifteen feet above the roof proper; and
b. Any antennas are mounted on the building such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment.
C. WCFs other than a microcell or minor facility will require a building permit and conditional use permit. New freestanding wireless facilities, all exempt repairs and maintenance, and all other WCFs not meeting the criteria for administrative review shall conform to all of the following site development standards:
1. Monopoles shall be the only freestanding support structures allowed in the city, except lattice towers may be allowed in Agricultural Transition zones.
2. Installation of a freestanding facility shall be denied if placement of the antenna on an existing structure can meet the applicant’s technical and network location requirements.
3. The applicant shall demonstrate that the WCF is the minimum height required to function satisfactorily. No freestanding facility that is taller than the maximum allowed height shall be approved. Height shall be measured to the highest point on the freestanding facility.
4. A freestanding WCF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located; except when on a lot adjacent to a residential use, in which case the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.
5. Freestanding wireless facilities 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 facility as possible from prevalent views; and/or
b. Use existing site features as a background so that the total facility blends into the background with increased sight distances.
6. In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the city may require the applicant to supplement existing trees and mature vegetation to more effectively screen the facility.
7. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its viewshed. A proposed color or color scheme shall be approved by the city.
D. Electronics equipment enclosures shall conform to the following:
1. Screening of WCF equipment enclosures shall be provided with one or a combination of the following: underground installation, 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 anywhere between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition.
2. No wireless equipment reviewed under this section shall be located within required building setback areas.
E. Security fencing, if used, shall conform to the following:
1. Fences shall meet the requirements of PMC 16.22.380.
2. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials.
3. Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three-foot deep area which the city may be required to be planted with approved plant species in a manner that will completely screen the fencing. (Ord. 783 §3(part), 2001).
16.26.070 Collocation.
The intent of collocation is to encourage several providers to use the same structure or site to keep the number of wireless facilities sites to a minimum as a means of reducing negative visual impacts throughout the community. The following procedures are required to further the intent of WCF collocation:
A. A permittee shall cooperate with other WCF providers in collocating additional antennas on support structures and/or on existing buildings and sites, provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
B. A signed statement indicating that the applicant agrees to allow for the potential collocation of additional WCF equipment by other providers on the applicant’s structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on its site, the applicant must submit a technical study documenting that such collocation is not possible. (Ord. 783 §3(part), 2001).
16.26.080 Facility removal.
In instances where a WCF is to be removed, the removal shall be in accordance with the following procedures:
A. The operator of a WCF shall notify the city upon the discontinued use of a particular facility. The WCF shall be removed by the facility owner and/or landowner upon which the facility is located within ninety days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts.
B. The owner of the WCF shall provide the city with a $5000 demolition bond for execution in the event removal is required and the owner fails to remove the WCF. The bond shall be filed with the city prior to construction of the WCF.
C. If the facility is not removed under the provisions of subsection (A) of this section, the facility shall be considered a pubic nuisance, and may be removed by the city under the provisions of city public nuisance ordinances and codes, with costs to be paid through the bonding provided for in subsection (B) of this section. (Ord. 783 §3(part), 2001).
16.26.090 Electromagnetic field (EMF) standards compliance.
All WCFs shall be operated in compliance with the following standards:
A. The applicant shall comply with Federal standards for EMF emissions. Within six months after the commencement of operations, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established Federal standards. Said report shall be subject to review and approval by the city for consistency with the project proposal report and the adopted Federal standards. If on review the city finds that the WCF does not meet Federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the Federal standards. If the permit is revoked, then the facility shall be removed pursuant to PMC 16.26.080.
B. The applicant shall comply with all applicable FCC regulations related to interference with the reception of television or radio broadcasts or other telecommunications and shall remedy any such interference in accordance with applicable FCC regulations. (Ord. 783 §3(part), 2001).
16.26.100 Application requirements.
Applications for a WCF shall be on a form prescribed by the city of Pomeroy and include the information described below. The director of public works shall issue a written determination when an application has been deemed to be complete. Applications shall be processed in accordance with the city’s ordinances and regulations as presently constituted or hereafter amended. In addition to the information required by City of Pomeroy Municipal Codes, the applicant must provide any combination of site plans, maps, surveys, technical reports, or written narratives that operate to convey all of the following information:
A. Photosimulations of the proposed facility as viewed from affected residential properties and public rights-of-way at varying distances.
B. A signed statement indicating that (1) the applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional Wireless Communication Facilities by other providers on the applicant’s structure or within the same site location and (2) the applicant and/or landlord agree to remove the facility within ninety days after abandonment.
C. Copies of any environmental documents required by any federal agency, if applicable. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment.
D. A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this ordinance. The site plan shall clearly indicate the location, the specific placement of the facility on the site, the type and height of the proposed WCF, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. The site plan shall not be required if the antenna is to be mounted on an existing structure.
E. A current map showing the location and service area of the proposed WCF, and a map showing the locations and service areas of other Wireless Communication Facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the city.
F. A legal description of the parcel, if applicable.
G. The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
H. The method of fencing, the finished color, and, if applicable, the method of camouflage and illumination, if required.
I. A letter signed by the applicant stating the WCF will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations.
J. A statement by the applicant as to whether construction of the WCF will accommodate collocation of additional antennas for future users.
K. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city. This shall include a service area coverage chart for the proposed facility that depicts the extent of coverage and corresponding signal quality at the proposed facility height and at least one height lower than that proposed. (Ord. 783 §3(part), 2001).
16.26.110 Permit limitations.
Construction of a WCF shall commence within one year from the date of the city’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void. (Ord. 783 §3(part), 2001).
16.26.120 Fees.
A. Fees associated with permits and reviews required under this title will be in accord with the city and state building permit schedule.
B. In addition to the application fee, the applicant shall reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant’s proposal when the city is unable to do so with its existing staffing resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, hearing examiner services, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. The city may require the applicant to deposit an amount with the city to cover anticipated costs of retaining professional services or consultants. (Ord. 783 §3(part), 2001).
16.26.130 Appeals.
Appeals of orders, requirements, interpretations, decisions, or determinations made by an administrative official or the Hearings Examiner under this chapter are appealable as follows:
A. Orders, requirements, interpretations, decisions, and determinations made by the zoning official not arising from a permit or proposal pursuant to PMC 16.26.060(B) or PMC 16.26.060(C) shall be to the city council. All appeals under this section shall be brought in accordance with Chapter 16.06 PMC. In addition, appeals brought under this subsection shall conform to the following:
1. The city council shall conduct an open public hearing and review all conditional use permits under this chapter.
2. The applicant has the burden of establishing that the proposed facility conforms to the criteria of this chapter.
3. The city council may approve an application for a WCF facility, or approve with conditions that may or may not be contemplated by the criteria set forth in this chapter.
4. The city council shall deny an application for a facility that does not meet the requirements of this chapter and that cannot be conditioned so as to meet the requirements of this chapter.
B. Appeal of orders, requirements, interpretations, decisions, and determinations made by an administrative official arising from a proposal or permit pursuant to PMC 16.26.060(B) shall be to the city council. All appeals under this section shall be brought in accordance with Chapter 16.06 PMC.
C. Appeal of orders, requirements, interpretations, decisions, and determinations made by an administrative official arising from a proposal or permit pursuant to PMC 16.26.060(C) shall be to the Garfield County Superior Court, per Chapter 16.06 PMC. (Ord. 783 §3(part), 2001).
16.26.140 Rules and regulations of the city.
Nothing in this chapter shall operate to restrict or limit the city’s ability to adopt and enforce all appropriate ordinances and requirements for use of the rights-of-way and public or zoning and development of property. Nothing in this chapter shall operate to release in whole or in part any applicant for a WCF facility from the obligation to comply with such ordinances, rules and regulations of the city of Pomeroy. (Ord. 783 §3(part), 2001).