4-4-140 WIRELESS COMMUNICATION FACILITIES:
A. PURPOSE:
The purposes of this Section are to:
1. Provide a variety of locations and options for wireless communication providers while minimizing the visual impacts associated with wireless communication facilities;
2. Encourage creative approaches in locating and designing wireless communication facilities that blend in with the surroundings of such facilities;
3. Provide standards that comply with the Telecommunications Act of 1996 (“the Telecommunications Act”); the provisions of this Section are not intended to and shall not be interpreted to prohibit or have the effect of prohibiting personal wireless services as defined in the Telecommunications Act; and
4. Administer the provisions of this Section in such a manner as to not unreasonably discriminate between providers of functionally equivalent personal wireless services, as defined in the Telecommunications Act.
B. GOALS:
1. Commercial Wireless Facilities:
a. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;
b. Encourage the joint use of new and existing towers;
c. Encourage users of towers and antennas to locate them, to the extent feasible, in areas where the visual impact on the community is significantly minimized;
d. Encourage users of towers and antennas to configure them in a way that minimizes the visual impact of the towers and antennas; and
e. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
2. Amateur Radio Antennas: The goals of this Section are to ensure the interests of neighboring property owners are considered while reasonably accommodating amateur radio communications so as to comply with applicable Federal law. These regulations are not intended to preclude amateur radio communications. (Ord. 5675, 12-3-2012)
C. APPLICABILITY AND AUTHORITY:
No person shall place, construct, reconstruct or modify a wireless communication facility within the City without an Administrator issued permit, except as provided by this Title or chapter 5-19 RMC, and a Building Official issued permit. The Administrator shall have discretion to approve or deny elements of a WCF where standards provide flexibility or subjectivity; the same discretion is given to the Hearing Examiner for applications requiring a public hearing. (Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012)
D. COLLOCATION REQUIRED:
1. Evaluation of Existing Support Structures: With the exception of support structures to facilitate the deployment of small cell facilities, no new support structure shall be permitted unless the applicant demonstrates to the Administrator’s satisfaction that no existing tower or support structure can accommodate the applicant’s proposed WCF. Evidence submitted to demonstrate that an existing tower or structure cannot accommodate the applicant’s proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements.
b. Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.
c. Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.
d. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
2. Cooperation of Providers in Collocation Efforts: With the exception of support structures deploying small cell facilities, a permittee shall cooperate with other providers in collocating additional antennas on support structures, provided the proposed collocators have received a building permit for such use at the site from the City. A permittee shall exercise good faith in collocating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level of impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require a third-party technical study at the expense of either or both the applicant and permittee.
3. Reasonable Efforts: All applicants shall demonstrate reasonable efforts in developing a collocation alternative for their proposal.
E. ALTERATION OF EXISTING WIRELESS COMMUNICATION FACILITY (WCF) SUPPORT STRUCTURES:
1. Minor Alteration: A proposed collocation and/or modification to a lawfully existing WCF support structure that does not substantially change the physical dimensions of the WCF shall be a minor alteration and exempt from conditional use permit requirements. A minor alteration is an eligible facilities request as that term is used pursuant to Section 6409(a) of the Spectrum Act and its implementing regulations. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
a. Height: For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent (10%), or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), 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 feet (10'), whichever is greater;
b. Width: For towers other than towers in the public rights-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 feet (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other 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 feet (6');
c. Equipment Cabinets:
i. 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; and
ii. For towers in the public rights-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 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;
d. Excavation: It entails any excavation or deployment outside the current site;
e. Concealment: It would defeat the concealment elements of the eligible support structure; or
f. Entitlement: 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; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections E1a through d of this Section.
2. Major Alteration: Any change that is not a minor alteration is a major alteration.
3. Original Dimensions: An increase in height and/or width of a WCF due to a collocation and/or modification shall be measured against the dimensions of the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
4. Review Time Period: Requests for minor alterations, as described in this subsection, shall be reviewed for completeness and approval or denial within sixty (60) days. (Ord. 5798, 4-25-2016)
F. STANDARDS AND REQUIREMENTS FOR ALL TYPES OF WIRELESS COMMUNICATIONS FACILITIES:
1. Equipment Shelters/Cabinets:
a. Location: Except for equipment related to small cell facilities and temporary wireless communication facilities, equipment shelters and cabinets used to house related equipment should be located within buildings or placed underground, unless it is infeasible. However, in those cases where it can be demonstrated by the applicant that the equipment cannot be located in buildings or underground, equipment shelters or cabinets shall be screened to the Administrator’s satisfaction.
b. Screening: Equipment shelters and cabinets for all facilities other than small cell facilities and temporary wireless communication facilities shall be surrounded by a fifteen-foot (15') wide sight-obscuring landscape buffer along the outside perimeter of required security fencing with a minimum height that is no less than the height of the compound fence at any point; however, existing topography, vegetation and other site characteristics may provide relief from the screening requirement. The required landscaped areas shall include an automated irrigation system, unless the applicant is able to justify an exception to this requirement to the Administrator’s satisfaction. Related equipment facilities located on the roof of any building need not be landscaped but shall be screened on all sides in a manner that complements and blends with the surroundings so as to be shielded from view. Related equipment facilities shall not be enclosed with exposed metal surfaces. Equipment shelters and cabinets for small cell facilities shall be concealed in accordance with subsection J of this Section. (Ord. 5798, 4-25-2016)
c. Size: Except for equipment related to temporary wireless communication facilities, the applicant shall provide documentation that the size of any equipment shelters or cabinets is the minimum necessary to meet the provider’s service needs, and meets any size requirements of this Code. The area of the compound may be greater than is necessary in order to accommodate future collocations, but the area reserved for future equipment shelters/cabinets shall be the minimum necessary for the documented WCF capacity. (Ord. 5676, 12-3-2012)
d. Generators: Except for temporary wireless facilities, the following standards apply to generators powering all types of wireless communication facilities:
i. Architectural integration is required (if applicable).
ii. To the extent feasible, generators shall be enclosed along with the related equipment. Similar to equipment shelters, the screening for the generator shall utilize similar building materials, colors, accents, and textures as the primary building; if no buildings exist on site, ensure that the building is designed to blend in with the environment.
iii. A screening wall and/or landscaping material shall be required to mitigate visual impacts.
iv. Fences shall be constructed of materials that complement and blend in with the surroundings.
v. Anti-graffiti finish shall be applied to all solid fences, walls, and gates.
vi. A noise analysis shall be required to demonstrate that the generator will operate within allowed noise limits if the generator is the sole power source.
2. Maximum Height: All wireless communication facilities shall comply with RMC 4-3-020, Airport Related Height and Use Restrictions. In addition, all wireless communication facilities shall comply with the height limitation of the applicable zoning district, except as follows:
a. Monopole I: Less than sixty feet (60') for all zones. Antennas may extend sixteen feet (16') above the monopole I support structure.
b. Monopole II: No more than thirty five feet (35') higher than the maximum height for the applicable zoning district, or one hundred fifty feet (150'), whichever is less. Antennas may extend sixteen feet (16') above the monopole II support structure.
c. Stealth Towers: The maximum allowed height of a stealth tower shall be one hundred fifty feet (150'); however, the allowed height for a specific type of stealth facility shall be determined through the Conditional Use Permit review process and the standards of this Section.
d. Rooftop WCF: Concealed and/or camouflaged WCFs erected on a rooftop may extend up to sixteen feet (16') above the allowed zone height.
e. Utility Poles:
i. Proposed replacement utility poles, for the purpose of siting wireless communication facilities other than small cell facilities, shall be no more than twenty feet (20') taller than adjacent utility poles;
ii. Utility poles used for the siting of wireless communication facilities other than small cells on residentially zoned private property shall be no taller than forty five feet (45'), unless those poles are transmission utility poles, in which case the proposed replacement utility pole cannot be more than twenty feet (20') taller than the existing pole;
iii. Small cell facility deployments on existing and replacement utility poles shall be regulated in accordance with subsection J of this Section. (Ord. 5798, 4-25-2016)
3. Visual Impact: Site location and development shall preserve the pre-existing character of the surrounding buildings and landscape to the extent consistent with the function of the communications equipment. Towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less adverse visual impact to the surrounding area. Towers, antennas and related equipment shall be uniformly painted a nonreflective neutral color that best matches the colors within the immediately surrounding built and natural landscape in order to reduce the contrast between the WCF and the landscape.
4. Setbacks: Towers shall be set back from each property line by a distance equal to the tower height, unless an engineering analysis concludes that a reduced setback is safe for abutting properties and the Administrator determines that a reduced setback is appropriate for the site.
5. Maximum Noise Levels: No equipment shall be operated so as to produce noise in levels above forty five (45) decibels as measured from the nearest property line on which the wireless communication facility is located. Operation of a back-up power generator in the event of power failure or the testing of a back-up generator between eight o’clock (8:00) a.m. and nine o’clock (9:00) p.m. are exempt from this standard. No testing of back-up generators shall occur between the hours of nine o’clock (9:00) p.m. and eight o’clock (8:00) a.m.
6. Fencing: Security fencing shall be required and shall be painted or coated with a nonreflective neutral color. Fencing shall comply with the requirements listed in RMC 4-4-040, Fences, Hedges, and Retaining Walls.
7. Lighting: Towers or antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the compound. (Ord. 5675, 12-3-2012)
8. Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any abutting roadway shall be placed on or affixed to any part of a WCF tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. Antenna arrays designed and approved to be located on or within signs or billboards as a stealth tower, small cell, or a concealed or camouflaged WCF, shall not be construed to be in violation of this prohibition. (Ord. 5676, 12-3-2012)
9. Building Standards: Support structures shall be constructed so as to meet or exceed the most recent Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision G Standard entitled: “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Prior to issuance of a building permit the Building Official shall be provided with an engineer’s certification that the support structure’s design meets or exceeds those standards. (Ord. 5675, 12-3-2012)
10. Radio Frequency Standards: The applicant shall ensure that the wireless communication facility (WCF) will not cause localized interference with the reception of area television or radio broadcasts. If the City finds that the WCF interferes with such reception, and if such interference is not remedied within thirty (30) calendar days, the City may revoke or modify a Building and/or Conditional Use Permit. (Ord. 5675, 12-3-2012)
G. CONCEALED WIRELESS COMMUNICATION FACILITY STANDARDS:
Additions or modifications to buildings shall complement the existing design, bulk, scale, and symmetry of the building, and minimize the addition of bulk and clutter. Except as otherwise provided in subsection J of this Section for small cell facilities, concealed WCFs shall adhere to the following standards:
1. Building Addition: All antennas shall be fully concealed within a structure that is architecturally compatible with the existing building. Roof top additions shall be concealed on all sides.
2. Related Equipment: The related equipment shall be completely concealed inside a structure or inside an underground vault. Concrete masonry unit (CMU) walls and prefabricated facilities do not meet the intent of a concealed WCF. Equipment enclosures shall be designed to be compatible with the existing building/structure.
3. Materials: Fiberglass reinforced plastic or radio frequency transparent materials may be used to screen and integrate a WCF with an existing building. Visible transition lines between the old and new surfaces are prohibited.
4. Architectural Elements: New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building.
5. Residential Buildings: Wireless communication facilities shall not be located on residential buildings except for multi-family structures constructed pursuant to the International Building Code as an occupancy group R-2, which may serve as a support structure if the interior wall or ceiling immediately abutting the facility is an unoccupied residential space (e.g., stairwells, elevator shafts, mechanical rooms, etc.).
H. CAMOUFLAGED WIRELESS COMMUNICATION FACILITY STANDARDS:
Additions or modifications to buildings shall complement the existing design, bulk, scale, and symmetry of the building, and minimize the addition of bulk and clutter. Except as otherwise provided in subsection J of this Section for small cell facilities, camouflaged WCFs shall adhere to the following standards:
1. Architectural Integration: Antennas may be mounted to a building if the antennas do not interrupt the building’s architectural theme.
a. When feasible, camouflaged WCFs shall employ a symmetrical, balanced design for all facade-mounted antennas. For multiple deployments on one structure, subsequent applications will be required to provide for consistent design, architectural treatment and symmetry in placing antennas on the structure’s exterior with any existing WCFs on the same side of the structure.
b. When feasible, interruption of architectural lines or horizontal or vertical reveals is prohibited.
2. Materials:
a. Mounting Hardware: Utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
b. Concealment: Utilize skirts or shrouds on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling is prohibited.
c. Paint: Paint and texture antennas to match the adjacent building surfaces.
3. Antennas:
a. Antennas shall be no longer or wider than the facade on which they are proposed.
b. When panel antennas are unscreened, they shall be mounted no more than twelve inches (12") from the building facade.
c. No exposed mounting apparatus shall remain on a building facade without the associated antennas.
4. Residential Buildings: Wireless communication facilities shall not be located on residential buildings except for multi-family structures constructed pursuant to the International Building Code as an occupancy group R-2, which may serve as a support structure if the interior wall or ceiling immediately abutting the facility is an unoccupied residential space (e.g., stairwells, elevator shafts, mechanical rooms, etc.).
I. STEALTH TOWER STANDARDS:
The following standards for each type of stealth tower are the minimum necessary to meet the intent of effectively disguising the tower. Standards for types of stealth towers not identified within this subsection will be determined on a case-by-case basis by the Administrator through the Conditional Use Permit criteria pursuant to RMC 4-9-030E, Decision Criteria – Wireless Communication Facilities.
1. Faux Trees:
a. Location: Faux trees shall be located within one hundred feet (100') of existing trees, unless photo simulations show, to the Administrator’s satisfaction, that the proposed faux tree would be appropriate for the site.
b. Height: The faux tree may exceed the average height of nearby trees by no more than twenty percent (20%) or thirty feet (30'), whichever is greater.
c. Authenticity: Faux trees shall replicate the shape, structure, and color of live trees common to the area. Plans shall provide detailed specifications regarding the number and spacing of branches, bark, foliage, and colors. All faux trees shall incorporate a sufficient number of branches (no less than three (3) branches per linear foot of height) and design materials (e.g., faux bark) so that the structure appears as natural in appearance as feasible. Branches shall not be required for the lowest twenty feet (20') of the trunk.
d. Concealment:
i. All cables and antennas shall be painted to match the color of the trunk.
ii. Antenna socks are mandatory for all antennas (and similar components) located on a faux tree.
2. Flagpoles:
a. Location and Height: The height, diameter and location of the flagpole shall be compatible with the surrounding area, as determined by the Administrator. The flagpole shall be tapered in order to maintain the appearance of an authentic flagpole.
b. Authenticity: Flags shall comply with the U.S. Flag Code. Allowed flags include national, state, county and municipal flags properly displayed. In addition, one corporate or institutional flag may be properly displayed at each site.
c. Concealment: Antennas shall be enclosed within the pole or a radome. If a radome is used, it shall have a diameter no greater than one hundred fifty percent (150%) of the diameter of the pole at the height where the radome will be mounted. The length of the radome shall not be greater than one-third (1/3) of the height of the proposed light pole. All cables shall be routed directly from the ground up through the pole. Cable coverings are prohibited.
3. Sports Field Lights:
a. Location and Height: Utilization of an existing or replacement sports field light as a WCF support structure shall only be permitted on sites where a sports field exists. The height, diameter and location of the sports field light(s) shall be compatible with the surrounding area, as determined by the Administrator.
b. Authenticity: Sports field lights shall be uniform (style, height, etc.) with the exception of the WCF. The sports field lights shall provide consistent illumination for the sports field.
c. Concealment:
i. Antennas shall be no more than twenty feet (20') above the light source.
ii. All cables shall be routed directly from the ground up through the pole. Cable coverings are prohibited.
iii. Paint antennas and mounting apparatus the same color as the pole.
4. Freestanding Signs:
a. Sign Permit Required: Towers replicating a sign shall be subject to RMC 4-4-100, Sign Regulations, and a separate sign permit shall be required.
b. Concealment:
i. All antennas shall be completely screened by the facade of the sign or by fiberglass reinforced plastic or radio frequency transparent materials.
ii. All cables and conduit to and from the sign shall be routed from underneath the foundation up into the pole. Cable coverings may be allowed in limited circumstances in situations where they are minimally visible and designed to integrate with the sign.
J. SMALL CELL/DISTRIBUTED ANTENNA SYSTEMS STANDARDS:
Small cell deployment includes small cell facilities, microcells, and small cell networks. The following provisions establish design and concealment standards for small cell facilities and in appropriate situations, criteria for the establishment of standards for small cell deployments subject to a concealment element plan; provided, however, that any small cell, microcell, or small cell network component which is not exempt from SEPA review shall comply with RMC 4-9-070, Environmental Review Procedures. These standards shall also apply to distributed antenna systems when equipment is installed outside of a building. Throughout this Section, unless context clearly provides otherwise, the term “small cell facilities” refers to small cell facilities, microcells, small cell networks, and distributed antenna systems.
1. Preferred Concealment Techniques: Small cell facilities complying with the preferred concealment techniques described in this subsection shall be considered a permitted use. Facilities complying with the preferred concealment techniques in this subsection require a small cell permit, subject to the Type I permit procedures in RMC 4-8-080, Permit Classification. In addition, small cell facilities located on or over the public right-of-way also require a right-of-way use permit, unless the Administrator allows use of the public right-of-way and conditions thereof to be incorporated into a franchise agreement.
a. Building Attachment: Antennas may be mounted to a building if the antennas do not interrupt the building’s architectural theme.
i. Small cell facilities attached to the side or roof of buildings shall employ a symmetrical, balanced design for all facade-mounted antennas. Subsequent deployments will be required to ensure consistent design, architectural treatment and symmetry when placing antennas on the structure’s exterior with any existing small cell facilities on the same side of the structure.
ii. The interruption of architectural lines or horizontal or vertical reveals is prohibited unless demonstrated to be unavoidable.
iii. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building.
iv. Small cell facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
v. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed conduit, cabling and wiring are prohibited.
vi. Small cell facilities shall be painted and textured to match the adjacent building surfaces.
vii. All installations of small cell facilities shall have permission from the pole/structure owner to install facilities on such structure.
b. Projecting or Marquee Sign:
i. Small cell facilities replicating a projecting or marquee sign shall be subject to RMC 4-4-100, Sign Regulations. A sign permit is required unless the small cell facilities are placed entirely within an existing sign.
ii. All antennas shall be completely screened by the facade of the sign.
iii. All cables and conduit to and from the sign shall be routed from within the building wall. Cable coverings may be allowed on the exterior of the building wall in limited circumstances in situations where they are minimally visible and concealed to match the adjacent building surfaces.
c. Parking Lot Lighting: Small cell facilities are permitted as attachments to or replacements of existing parking lot light fixtures. The design of the parking lot light fixture shall be in accordance with RMC 4-4-075, Lighting, Exterior On-Site; provided, that a pole extender up to six feet (6') in height may be utilized.
d. Street Light Poles and Traffic Signal Poles in Urban Design Districts: For the purposes of this Section, urban design districts are those districts defined in RMC 4-3-100, Urban Design Regulations. In an urban design district, an existing street light pole or traffic signal pole (but not a wooden utility pole) may be replaced or added on to accommodate small cell antennas and related equipment subject to the following requirements:
i. Replacement street lights/traffic signal poles shall conform to the adopted streetscape design standard for the design district. The replacement pole shall look substantially the same as the existing standard.
ii. Wherever compatible with the pole design and technologically feasible, all equipment and cabling shall be internal to the replacement street lighting standard. If equipment or cabling is not proposed to be placed internal to the replacement pole, a concealment element plan shall be submitted in accordance with the provisions of subsection J2 of this Section.
iii. No Illumination: Small cell facilities shall not be illuminated.
iv. Generators and Backup Battery: Generators are not permitted for small cell facilities. A battery backup may be permitted through the submittal of a concealment element plan and subject to administrative conditional use permit review for the purpose of serving multiple small cell facilities.
v. Cabinet Location and Dimensions: The equipment cabinet for small cell facilities shall be the smallest amount of cabinet enclosure necessary to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet.
e. Utility Poles/Street Light Poles in Areas Other Than Design Districts and Exempt from Undergrounding: For installations outside of urban design districts and exempt from undergrounding requirements pursuant to RMC 4-6-090, Utility Lines – Underground Installation, small cell antennas and related equipment may be attached to existing or replacement utility poles or street light poles if the antennas and related equipment meet the following requirements:
i. Height Restrictions: All small cell facilities shall be in compliance with height restrictions applicable to poles and other structures proposed to be utilized. The City may approve minor deviations up to the minimum additional height needed to allow sufficient space for the required clearance from electrical utility wires when required to accommodate antennas at the top of a pole or a pole extender, which shall be no greater than six feet (6') tall.
ii. Replacement Poles: Replacement poles shall match height, width, color (to the extent possible), and material of the original or adjacent poles. The City may approve minor deviations up to the minimum additional height needed to allow sufficient space for the required clearance from electrical wires when required to accommodate antennas, and may also approve minor deviations up to fifty percent (50%) of the pole width or thirty inches (30"), whichever is greater, when housing equipment within the pole base. Replacement poles shall be located as close as possible to the existing pole, and the replaced pole shall be removed.
iii. Interior Concealment: Whenever technologically feasible, antennas and equipment shall be fully concealed within a light pole, or otherwise camouflaged to appear to be an integrated part of a light pole.
iv. Flush-Mounted and Pole-Top Antennas: In situations when interior concealment is demonstrated to not be possible, the small cell facility shall, to the full extent permitted under the State electrical code and the utilities’ requirements, be flush-mounted on the subject pole, which means mounting directly to the pole with little to no gap other than that which may be required for the screws/bolts, or located at the top of the pole. Canisters attached to the top of a pole shall not exceed the diameter of the pole, unless technically required and then shall not be more than fifty percent (50%) greater than the diameter of the pole.
v. Antenna Design: Where an enclosure is proposed to house an antenna, the antenna shall be located in an enclosure of no more than three (3) cubic feet in volume, or in case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three (3) cubic feet. No more than four (4) antennas are permitted on a single pole and with a total volume not to exceed twelve (12) cubic feet.
vi. Material and Color: If interior concealment described in subsection J1eiii of this Section is not possible, the small cell facility shall to the maximum extent feasible match the color of the pole and shall be nonreflective.
vii. No Illumination: Small cell facilities shall not be illuminated.
viii. No Collocation on Wooden Utility Poles: Each wooden utility pole may not contain more than one small cell facility.
ix. Generators and Backup Battery: Generators are not permitted for small cell facilities. A battery backup may be permitted through the submittal of a concealment element plan and subject to administrative conditional use permit review for the purpose of serving multiple small cell facilities.
x. Cabinet Location and Dimensions: The equipment cabinet for small cell facilities shall be the smallest amount of cabinet enclosure necessary to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet.
2. Concealment Element Plan:
a. Concealment Element Plan Required: Applications for proposed small cell facilities installations which do not conform to a preferred concealment technique in subsection J1 of this Section shall submit a concealment element plan. The plan shall include the design of the screening, fencing, or other concealment technology for a base station, tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed wireless facility.
b. Purpose of Concealment Element Plan, Generally: Concealment element plans should seek to minimize the visual obtrusiveness of installations using methods including, but not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color and texture, or the appearance thereof, as the surface against which the installation will be seen or on which it will be installed.
Other concealment element approaches may include, but not be limited to, use of street furniture concealment products such as trash cans, benches, information kiosks, or other types of enclosures reasonably compatible to conceal ground level equipment. Additionally, the use of a concealment support or device, such as a clock tower, steeple, flagpole, tree, wayfinding sign, decorative pole with banner, artwork, street sign, or other applicable concealment structure may be approved.
c. Review of Concealment Element Plan for Nonsubstantial Change Collocations: Where a collocation is proposed that does not comply with a preferred concealment technique but does not constitute a major alteration, a concealment element plan shall be subject to administrative review to ensure the proposed collocation does not defeat the concealment features approved as part of the initial installation at that location.
d. Review of Concealment Element Plan for Initial Installations and Substantial Change Collocations: For initial installations and major alterations not complying with a preferred concealment technique, the concealment element plan shall be subject to administrative conditional use permit review.
3. New Poles: Within urban design districts and where undergrounding is not required pursuant to RMC 4-6-090, Utility Lines – Underground Installation, the installation of a new pole for the purpose of locating small cell facilities is permitted only when the applicant establishes that:
a. The small cell facility cannot be located on a site outside of the public right-of-way such as a public park, public property, or in or on a building whether by roof or panel-mount or separate structure; and
b. The small cell facility cannot be located on an existing pole within the public right-of-way; and
c. The proposed facility complies with a preferred concealment technique or an approved concealment element plan.
4. Ground-Mounted Equipment Standards; ADA Compliance Required: To allow full use of the public right-of-way by pedestrians, bicycles and other users, and particularly in urban design districts and underground districts, all ground-mounted equipment shall be undergrounded in a vault meeting the City’s construction standards or incorporated into street furniture or the base of a pole. The location of ground-mounted equipment including street furniture (to the extent undergrounding such equipment is not technologically feasible), replacement poles and/or any new poles shall comply with the Americans with Disabilities Act (ADA), City construction standards, and State and Federal regulations in order to provide a clear and safe passage within the public right-of-way.
5. Federal Regulatory Requirements:
a. These provisions shall be interpreted and applied in order to comply with the provisions of Federal law. By way of illustration and not limitation, any small cell facility which has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of radio frequency (RF) radiation concerns.
b. Small cell facilities shall be subject to the requirements of this Code to the extent that such requirements:
i. Do not unreasonably discriminate among providers of functionally equivalent services; and
ii. Do not have the effect of prohibiting personal wireless services within the City.
c. Small cell facilities installed pursuant to the preferred concealment techniques or a concealment element plan may not be expanded pursuant to an eligible facilities request.
K. TEMPORARY WIRELESS COMMUNICATIONS FACILITIES STANDARDS:
1. Location:
a. Temporary wireless communication facilities shall be located no closer than seventy five feet (75') from the property line of a property that is adjacent, abutting, or diagonal to a property with a residential use.
b. No space or spaces needed to meet the required parking standards for a development site shall be taken by the placement of temporary wireless communication facilities.
c. Temporary wireless communication facilities shall not be located in the R-1, R-4, R-6, R-8, or R-10 zone.
2. Size: Temporary wireless communication facilities are permitted on tandem axel utility trailers with a maximum width of ten feet (10') and length of twenty four feet (24'), or other support structure as approved by the Administrator.
3. Screening: A six-foot (6') high sight-obscuring fence, vegetative screen, or alternative visual buffer approved by the Administrator shall be constructed around the perimeter of the utility trailer and/or any other ground equipment associated with the temporary wireless communication facility.
4. Power Source:
a. Use of on-site utility services is required for primary power.
b. In the event of an emergency or power outage, a whisper quiet generator or other utility source may be used that emits an average noise level, measured at the property line, that does not exceed fifty five (55) decibels day-night level (Ldn) when measured on an “a weighted” sound level meter, according to the procedures of the Environmental Protection Agency, unless otherwise approved by the Administrator.
5. Permits: An approved Tier 2 temporary use permit is required for all temporary wireless communications facilities.
6. WCF Installation/Repairs: A temporary use permit issued for the use of a temporary wireless communication facility during the installation of a new WCF or while repairs are being done on an existing WCF shall comply with the standards contained above and with the following:
a. The approval shall not exceed a length of one hundred eighty (180) consecutive days (excluding installation and removal).
b. There shall be no more than one temporary use permit issued for the use of a temporary wireless communication facility per site each calendar year.
c. Two (2) extensions of the original temporary use permit of up to one hundred eighty (180) consecutive days (excluding installation and removal) per extension may be approved by the Administrator upon a showing that the proposed installation or repairs are actively progressing.
L. APPLICATION SUBMITTAL REQUIREMENTS:
In addition to application materials and information required pursuant to RMC 4-8-120C, Table 4-8-120C – Land Use Permit Submittal Requirements, the following materials are the minimum required to complete a review of any WCF, other than a minor alteration pursuant to subsection E1 of this Section or small cell facilities pursuant to subsection J of this Section. Additional materials and information may be required.
1. Technical Analysis:
a. Site Justification Letter: This report shall justify the need or requirement for the proposed WCF location and design. An analysis of other available sites shall be included as well as determination as to why these sites were not selected.
b. Justification Map: A map identifying the zoning districts, search area, alternative sites, the selected site, and all existing and approved WCFs within a one-half (1/2) mile radius.
c. Coverage Map: Map(s) identifying the proposed target coverage that illustrate the coverage prior to and after the installation.
d. Noise Report: For projects proposed adjacent to residential uses when generators, air conditioning units, or other noise-generating devices are utilized.
2. Photo Simulations: Photo simulations shall be required with each plan set. The photo simulations shall illustrate the proposed WCF from at least four (4) vantage points and show the existing view (without the proposed WCF) and proposed view (with the proposed WCF) from each vantage point.
3. Method of Attachment/Cabling: Dimensioned details shall be provided of antennas and mounting hardware used to attach the antennas to the structure.
4. Visual Mitigation: Any concealment/integration techniques proposed shall be fully explained, illustrated and detailed.
M. OBSOLESCENCE AND REMOVAL:
Any wireless communications facility that is no longer needed or is not operational shall be reported immediately by the service provider to the Administrator. Discontinued facilities or facilities that are in disrepair, as determined by the Administrator, shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational, and the site shall be restored to its pre-existing condition. The Administrator may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner. (Ord. 5675, 12-3-2012)
N. PERMIT LIMITATIONS:
1. Maintenance Required: The applicant shall maintain the WCF to standards that may be imposed by the City at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the City may undertake the maintenance at the expense of the applicant or terminate the permit, at its sole option.
2. Notice to City of Change of Operation of Facility: The applicant shall notify the Department of all changes in operation of the facility within sixty (60) calendar days of the change. (Ord. 4666, 6-2-1997, Amd. Ord. 4689, 11-24-1997; Ord. 5675, 12-3-2012)
O. MODIFICATIONS:
The Administrator shall have the authority to modify the standards of this Section, subject to the provisions of RMC 4-9-250D, Modification Procedures.
P. APPEALS:
See RMC 4-8-110, Appeals. (Ord. 4722, 5-11-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5746, 1-12-2015; Ord. 5876, 1-22-2018; Ord. 5950, 11-25-2019)