Chapter 21.45
WIRELESS SERVICES
Sections:
21.45.030 Applicability and exemptions.
21.45.040 Permitted locations.
21.45.050 Prohibited locations.
21.45.060 Development standards.
21.45.080 Radio frequency standards.
21.45.120 Zoning permit required.
21.45.130 Additional application submittal requirements.
21.45.140 Substantial change to existing wireless service facilities – Defined.
21.45.150 Maintenance of facilities.
21.45.160 Abandonment of facilities.
21.45.170 Wireless service facilities sign provisions.
21.45.200 Special standards for small cell wireless.
21.45.010 Purpose.
The purpose of this chapter is to establish design, permitting, and placement standards for wireless service facilities that:
(1) Provide adequate wireless communication coverage to the residents of the City, the traveling public, and others within the City’s jurisdiction;
(2) Protect property values and promote tourism through protection of scenic vistas of mountains, tree-covered hillsides, and the valley floor;
(3) Provide adequate sites for locating wireless facilities;
(4) Encourage optimal collocation and sharing of new and existing facilities;
(5) Establish development standards for wireless facilities that are least intrusive and consider the scale (height and mass), proximity to each other, and the informal landscaping that contribute to the distinctive setting of the community;
(6) Maximize the use of any support structure and existing suitable structures and buildings in order to reduce the need to construct or install new support structures; and
(7) Facilitate the use of public property and structures for wireless communication facilities to reduce impacts of such facilities upon residential and other properties; and
(8) Protect the public health, safety and welfare. (Ord. 737 § 2 (Att. A), 2022)
21.45.020 Nondiscrimination.
Consistent with the Federal Telecommunication Act (FTA), the City shall not unreasonably discriminate among providers of functionally equivalent services. (Ord. 737 § 2 (Att. A), 2022)
21.45.030 Applicability and exemptions.
This chapter applies to all new and expansion and/or alteration of wireless service facilities located within the boundaries of the City, except for the following:
(1) Those communication facilities used for the primary purpose of public safety by a public agency, such as police, fire and 911 communication systems;
(2) Wireless radio utilized for emergency communications in the event of a disaster and those authorized by a temporary use permit pursuant to WMC 21.23.090;
(3) Antennas designed to receive television broadcast signals;
(4) Antennas for receiving and sending signals associated with amateur radio devices or HAM radios, provided:
(a) The height of the antenna, including any tower, does not exceed the maximum zoning height applicable to the property;
(b) The radio is owned and operated by a Federally licensed amateur radio station operator, or is used exclusively for “receive only” antenna;
(c) Towers must be placed a distance from property lines of neighbors equal to, or greater than, the height of the tower, excluding the antenna;
(d) No lights of any kind shall be attached to, and no direct or indirect means of artificial illumination shall be employed on, the antenna or tower;
(e) The tower shall not be used for commercial purposes, except as might be allowed by the zoning; and
(f) Towers must meet all applicable State and Federal statutes, rules and regulations, including obtaining a building permit if required.
(5) Antennas one meter or less in diameter or diagonal measurement, which is designed to receive direct broadcast satellite services, including direct-to-home satellite services;
(6) Antennas one meter or less in diameter or diagonal measurement, which is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services; and
(7) Routine maintenance, repair, and replacement of wireless service facilities that do not qualify as a substantial change as defined in WMC 21.45.140. (Ord. 737 § 2 (Att. A), 2022)
21.45.040 Permitted locations.
Table 21.45.040 sets forth whether a specific type of wireless service facility is allowed in a zone and the zoning permit required.
|
Type of Support Structure |
Residential Zones |
Commercial Zones |
Industrial Zone |
Other Zones |
||
|---|---|---|---|---|---|---|
|
R-1 – R-8 |
R-12 – R-48 |
NB, TB, GB, O |
CBD |
T/I, I |
P/I, P |
|
|
Utility pole in public right-of-way |
WSF |
WSF |
WSF |
|
WSF |
WSF |
|
Utility pole outside of public right-of-way |
CU |
CU |
WSF |
|
WSF |
WSF |
|
Electric transmission towers |
WSF |
WSF |
WSF |
|
WSF |
WSF |
|
Sports field light poles |
CU |
CU |
WSF |
WSF |
WSF |
WSF |
|
Water tank mounted |
WSF |
WSF |
WSF |
WSF |
WSF |
WSF |
|
Building mounted |
WSF4 |
WSF4 |
WSF5 |
WSF |
WSF |
WSF |
|
Monopole support structure |
CU |
CU |
CU |
CU |
CU |
CU |
|
Alternative support structure |
WSF |
WSF |
WSF |
WSF |
WSF |
WSF |
|
Support structures not listed in table |
|
|
CU |
CU |
CU |
|
|
Notes: 1. “WSF” means a wireless service facilities permit is required to be obtained pursuant to the procedures set forth in WMC 21.80.050(2) and consistency with this chapter for the wireless service facility to be allowed. 2. “CU” means a nonadministrative conditional use permit pursuant to WMC 21.84.010 is required to be obtained for the wireless service facility to be allowed. 3. If the box is blank, it means the type of support structure for a wireless service facility is prohibited in the zone. 4. Limited to nonresidential buildings. 5. Within the NB zone, mounting wireless services facilities to a single-story building is prohibited. |
||||||
(Ord. 737 § 2 (Att. A), 2022)
21.45.050 Prohibited locations.
(1) Lattice and guyed wire towers shall not be permitted in any zoning district.
(2) Commercial advertising including billboards and business identification signs may not be used as alternative antenna support structures.
(3) Construction and/or installation of towers is prohibited within the Tourist Business zone and the Tourist Industrial zone. (Ord. 737 § 2 (Att. A), 2022)
21.45.060 Development standards.
(1) General.
(a) All portions of the wireless service facility shall be the minimum necessary to support the operation of the facility as certified by a licensed engineer.
(b) Where multiple facilities are proposed to be located in close proximity on the same site, the Director may require support equipment to be housed in one equipment housing structure.
(c) Where wireless service facilities are mounted to utility pole support structures located within public rights-of-way, the minimum distance separating facilities shall be 500 feet unless the applicant can demonstrate by engineering analysis that a lesser distance is warranted to avoid a significant gap in services for the service provider.
(d) The maximum height of a tower type of support structure is 120 feet measured from the existing grade to the top of the structure including antennas.
(e) The underlying zoning setbacks shall apply to wireless communication facilities.
(f) Utility pole support structures may be raised by up to 30 feet when vertical separation between multiple facilities mounted on the same pole is necessary, provided the increase in height is the minimum necessary.
(g) No more than one wireless service facility is allowed on any single sports field light pole.
(2) Antennas.
(a) Antenna arrays shall either be flush mounted within 12 inches of the support structure, or within 12 inches of the face of the building where it is attached;
(b) For building-mounted wireless service facilities, antennas and any concealment structures surrounding the antennas may be mounted on the roof of a building if the building satisfies the design standards applicable to the zone. The height of the antenna and any concealment structure may exceed the applicable maximum zoning height by not more than 18 feet.
(c) Antennas mounted on top of utility pole support structures shall not extend outside of the circumference of the pole as measured at the base; except:
(i) Antennas placed inside of a shroud may extend outside the circumference of the pole provided the diameter of the shroud does not exceed 1.25 multiplied by the diameter of the pole as measured at the base; or
(ii) Omnidirectional antennas not exceeding four inches in width with a volume of 905 cubic inches or less each may be mounted on a single cross arm attached to the pole, provided each antenna is separated from the nearest antenna by a horizontal airspace distance of at least three times the width of the larger antenna.
(d) Antennas mounted on the side of utility pole support structures shall:
(i) Not have the furthest point of any antenna (including mounting brackets) extend more than one foot outside of the circumference of the pole measured at the point of attachment, except:
(ii) Omnidirectional antennas may be mounted on a cross arm subject to the limitations set forth in subsection (2)(c)(ii) of this section.
(3) Landscaping and Screening. Tower type support structures and equipment enclosures shall be screened at the ground level from public ways and nearby properties with a minimum 10-foot-wide Type 1 landscaping in accordance with WMC 21.36.060.
(4) Equipment Enclosures Mounted on Utility Pole Support Structures. Up to two small equipment housing structures containing ancillary facilities may be mounted to the outside of a support structure, provided:
(a) It is not technically or economically feasible to locate ancillary facilities within the interior of the support structure;
(b) Each equipment housing structure shall not exceed five cubic feet in volume, nor protrude more than 18 inches as measured perpendicular from the tangent point or surface where the equipment housing structure attaches to the support structure; and
(c) A minimum clearance of 10 feet is maintained between the bottom of the equipment housing structure and the ground or sidewalk below.
(5) To the maximum extent feasible, additional equipment shall maintain the appearance intended by the original facility, including, but not limited to, color, screening, landscaping, mounting configuration, or architectural treatment. (Ord. 737 § 2 (Att. A), 2022)
21.45.070 Concealment.
(1) For building-mounted installations the following concealment techniques must be applied:
(a) Screening materials matching color, size, proportion, style, and quality with the exterior design and architectural character of the structure and the surrounding visual environment;
(b) Equipment enclosures, except conduits or cabling for power and/or data, must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment enclosure structure, or underground;
(c) Other techniques that prevent the facility from visually dominating the surrounding area.
(2) For tower-type support structure-mounted installations, such as monopoles and similar tower-type structures, the following concealment techniques must be applied:
(a) All components associated with the wireless communication facility mounted on the exterior side of the structure shall be painted to match the predominant color of the support structure;
(b) The support structure shall be painted in a nonreflective color that matches the predominate visual background and/or adjacent architecture so as to visually blend in with the surrounding development;
(c) Equipment enclosures, except for conduits or cabling for power and/or data, must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment housing structure, or underground;
(d) Other techniques that prevent the facility from visually dominating the surrounding area.
(3) For utility pole support structure installations, the following concealment techniques must be applied:
(a) Except for antennas mounted on top of a pole, all components associated with the wireless communication facility mounted on the exterior of the pole shall be painted to match the predominant color of the pole or utility attachments to the pole;
(b) Antennas mounted on top of the pole may be painted to match the pole, or may be painted to blend into the background;
(c) Equipment enclosures, except conduits or cabling for power and/or voice, video, or data lines, must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment housing structure, or underground; and
(d) Other techniques that prevent the facility from visually dominating the surrounding area.
(4) Prefabricated concrete and metal structures for equipment enclosures are not permitted unless treated with a facade giving the appearance of masonry or wood siding. (Ord. 737 § 2 (Att. A), 2022)
21.45.080 Radio frequency standards.
(1) The wireless service facility shall comply with Federal standards for radio frequency emissions. As a condition of approving a wireless service facility, the City may require monitoring reports showing compliance.
(2) The applicant shall be responsible to ensure that the wireless service facility does not interfere with the reception of area television or radio broadcasts. If evidence is found that the wireless service facility is interfering with such reception, upon receiving written notice from the City, the applicant shall have 60 days to correct the problem, or the City may revoke or modify authorization for the wireless service facility. (Ord. 737 § 2 (Att. A), 2022)
21.45.090 Security barrier.
If a security barrier is installed that includes a fence, wall or similar freestanding structure, the following shall apply:
(1) The height of the structure shall not exceed six feet measured from the point of existing or finished grade, whichever is lower, at the exterior side of the structure to the highest point of the structure.
(2) A sight-obscuring vegetated landscaped barrier shall be installed and maintained to screen the structure and facilities from adjoining properties and City rights-of-way.
(a) Placement of landscape vegetation shall include areas outside of the barrier and shall obscure the site within 12 months.
(b) Landscaping and the design of the barrier shall be compatible with other nearby landscaping, fencing and freestanding walls.
(3) If a chainlinked fence is used, it shall be painted or coated with a nonreflective color. (Ord. 737 § 2 (Att. A), 2022)
21.45.100 Collocation.
(1) The owner of an antenna support structure shall, to the extent commercially and technically reasonable, cooperate in good faith with other wireless service providers in making the support structure available for collocation of additional wireless services facilities.
(2) Collocation of wireless service antennas and equipment to an existing wireless service facility, and which involves substantial changes pursuant to WMC 21.45.140, shall require obtaining a new zoning permit as prescribed for the type of support structure in WMC 21.45.040. (Ord. 737 § 2 (Att. A), 2022)
21.45.110 Lighting standards.
Except as specifically required by Federal Aviation Administration (FAA) or FCC regulations, antenna support structures shall not be illuminated. However, equipment enclosures may be illuminated for security reasons when compatible with the surrounding neighborhood. (Ord. 737 § 2 (Att. A), 2022)
21.45.120 Zoning permit required.
(1) WMC 21.45.040 sets forth the zoning permit requirements for new wireless service facilities and existing wireless service facilities involving substantial change as set forth in WMC 21.45.140.
(2) Zoning permits are not required for modifications to existing wireless service facilities exempt pursuant to WMC 21.45.030. (Ord. 737 § 2 (Att. A), 2022)
21.45.130 Additional application submittal requirements.
In addition to other submittal requirements prescribed by code, all applications for wireless service facilities shall include the following information in the number of copies prescribed by the Director:
(1) A copy of the Federal Communications Commission license and any other applicable licenses applicable to the intended use of the wireless service facilities.
(2) A complete description of the proposed facility, including preliminary or conceptual drawings showing dimensions and other relevant information in which to evaluate the facility’s compliance with this chapter. All plans shall include the maximum build-out of the proposed facility as anticipated by the applicant at the time of the application.
(3) A site and landscaping plan showing:
(a) The location of all existing and proposed wireless service facilities on the site;
(b) Existing structures, trees and other significant site features;
(c) Information on the proposed landscape planting; and
(d) Information on the proposed concealment that will be employed.
(4) Documentation demonstrating compliance with nonionizing electromagnetic radiation (NIER) emissions standards adopted by the Federal Communications Commission.
(5) Documentation showing that the proposed facility will not cause interference with other wireless communication facilities and telecommunication devices.
(6) Signed statements that the owner/operator agrees to remove the wireless service facility within 90 days after that site’s use is discontinued.
(7) A lease agreement with the landholder, or franchise agreement if in a right-of-way, that:
(a) Allows the landholder to enter into leases with other providers; and
(b) Specifies that if the applicant fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder. (Ord. 737 § 2 (Att. A), 2022)
21.45.140 Substantial change to existing wireless service facilities – Defined.
A substantial change to an existing wireless services facility is a modification to the physical dimensions of an eligible support structure if the modification meets any one of the following criteria:
(1) For tower type support structures, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;
(2) For tower type support structures, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, 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;
(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, 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;
(4) It entails any excavation or deployment outside the current site defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site;
(5) 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 above. (Ord. 737 § 2 (Att. A), 2022)
21.45.150 Maintenance of facilities.
The owner and/or operator of all wireless service facilities shall maintain their facilities in a good and safe condition and in a manner which complies with all applicable Federal, State, and local requirements. If the owner and/or operator fails to maintain the facilities, the City may undertake the maintenance at the expense of the owner and/or operator or may revoke any permits pursuant to Chapter 21.12 WMC. (Ord. 737 § 2 (Att. A), 2022)
21.45.160 Abandonment of facilities.
Any wireless services facility that is unused for more than 90 consecutive days is hereby declared abandoned. Abandoned facilities shall be removed no later than 90 days from the date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to abatement actions and penalties set forth in Chapters 1.06 and 8.07 WMC. In the event that more than one wireless service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section. (Ord. 737 § 2 (Att. A), 2022)
21.45.170 Wireless service facilities sign provisions.
(1) No signs except as allowed by this section shall be erected or installed with any wireless service facilities. This section applies independently from sign regulations applicable to other uses on a site having a wireless services facility.
(2) Up to four warning and/or security signs not to exceed 12 inches by 18 inches in size for each sign are permitted for wireless services facilities. Such signs may include emergency contact information and relevant information identifying the wireless service facility. If the facility has more than one service provider, one additional sign for each service provider satisfying the requirements of this section may be permitted. (Ord. 737 § 2 (Att. A), 2022)
21.45.200 Special standards for small cell wireless.
(1) Except as modified by this section, all other requirements set forth in this chapter shall apply to small cell wireless.
(2) Small cell wireless is allowed in all zoning districts.
(3) Small cell wireless and distributed antenna systems involving small cells are subject to an administrative Type 1 decision review, unless their installation requires the construction of new support structures or installation of new or replacement utility pole support structures in which case the requirements set forth in WMC 21.45.040 apply.
(4) Multiple Site Small Cell Wireless.
(a) A single permit may be used for multiple distributed antennas that are part of a larger overall distributed antenna system using small cell wireless;
(b) A single permit may be used for multiple small cells spaced to provide wireless coverage in a contiguous area. (Ord. 737 § 2 (Att. A), 2022)