A.

Purpose. The purpose of this Article is to establish requirements for the siting and design of Wireless Communications Facilities ("WCFs").

B.

Objectives. The objectives of the provisions of this Article are to:

1.

Provide for the managed development and installation, maintenance, modification, and removal of wireless communications infrastructure in the City with the fewest number of WCFs to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services including all of those who install, maintain, operate, and remove WCFs.

2.

Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the greatest extent technically feasible through techniques including but not limited to camouflage/concealment design techniques and undergrounding of WCFs and the equipment associated therewith.

3.

Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs.

4.

Encourage the use of wall mounted panel antennas.

5.

Encourage roof mounted antennas only when wall mounted antennas will not provide adequate service or are not otherwise feasible.

6.

Encourage the location of WCFs in non-residential areas, in a manner that minimizes the total number of WCFs needed throughout the community.

7.

Encourage strongly the collocation of WCFs on new and existing sites.

8.

Encourage owners and providers of WCFs to locate them, to the extent possible, in areas where the adverse impact on the community is minimized.

9.

Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively, and efficiently.

10.

Effectively manage Small Cell Facilities in the public right-of-way.

11.

Manage Amateur Radio Facilities and Over the Air Receiving Devices within the City.

A.

Generally. The requirements set forth in this Article shall apply to all WCF applications for Base Stations (including Alternative Tower Structures), Small Cell Facilities located within Rights-of-Way, and Towers as defined in Article 11-3 and further addressed herein.

B.

Exemptions. The requirements set forth in this Article shall not apply to:

1.

Amateur Radio Antennas. Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas are subject to Section 5-1-5-4, Satellite Dishes and Antennas; Amateur Radio Antennas, and not this Article, except all Amateur radio antennas and OTARD devices shall comply with the Operational Standards in Division 7-1-2 below.

2.

Pre-existing WCFs. Any WCF for which a permit has been issued prior to the effective date of these regulations (a "pre-existing WCF"), shall not be required to meet the requirements of this Article, other than the requirements of the Operational Standards in Division 7-1-2 below. Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of this Article. Notwithstanding the foregoing, any modification qualifying as an eligible facilities request shall be evaluated under this Article.

3.

Miscellaneous Antennas. Antennas used for reception of television, multi-channel video programming and radio (e.g., OTARD antennas, television broadcast band antennas, and broadcast radio antennas) are subject to Section 5-1-5-4, Satellite Dishes and Antennas; Amateur Radio Antennas, and not this Article, except all OTARD devices shall comply with the Operational Standards in Division 7-1-2 below.

4.

Emergency WCFs. A WCF installed upon the declaration of a state of emergency by the federal, state, or local government, or a written determination of public necessity by the City.

5.

Temporary WCFs. A temporary WCF installed for providing coverage of a special event such as a news coverage or sporting event, must be included in the special event permit application.

C.

Permits Required.

1.

No person, firm, or corporation shall construct, establish, build or cause to be constructed, established or built a WCF without first having obtained land use approvals as required in this Code, a lease (as applicable), pole attachment agreement or license (as applicable), and a building permit or right-of-way permit for this purpose.

2.

All WCF permits shall expire and be of no further force and effect 180 days following the date of City approval unless, pursuant to the discretion of the Director, prior to the date of expiration:

a.

Construction has been diligently pursued towards completion of the project; or

b.

Approval has been extended in accordance with subsection 3 below.

3.

Prior to the expiration of a WCF permit, one 180-day extension of the permit may be authorized by the Director upon a written request by the Applicant. An extension may be granted if a review of the permit shows that no major changes in the City's applicable development or land use regulations or in the development pattern of the surrounding properties has occurred, as determined by the Director. If a WCF permit expires, no further development of the facility may occur until a new permit application is submitted, reviewed and approved in accordance with this Code, subject to all application and processing fees.

All WCFs shall meet the current standards and regulations of the Federal Aviation Administration ("FAA"), the Federal Communications Commission ("FCC"), and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changed, then the owners of the WCF governed by this Article shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense.

For WCFs in the right-of-way, the Applicant shall execute a Master License Agreement with the City. In this, the City is able to grant a non-exclusive license to the Applicant to use the right-of-way for Small Cell Facilities. Attachment of WCFs on an existing street light pole, traffic signal, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner.

No WCF owner or operator shall unreasonably exclude a wireless communications competitor from using the same facility or location. Upon request by the Director, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site.

A.

Generally. All WCFs shall be designed and sited so as not to cause interference with the normal operation of:

1.

Radio, television, telephone and other communication services utilized by adjacent properties; or

2.

Any public safety communications.

B.

Notice of New Signal Transmission or Change in Signal Transmission. The WCF owner or operator shall notify the City at least ten calendar days prior to the introduction of new service signal transmission or changes in existing signal transmission and shall allow the City to monitor interference levels with public safety communications during the testing process.

No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.

Noise generated on the site must not exceed the levels permitted in the City Code, except that a WCF owner or operator shall be permitted to exceed City Code noise standards for a reasonable period of time during repairs, not to exceed two hours, without prior authorization from the City.

To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable building and safety codes. If upon inspection, the Director determines that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have 30 days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Director may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the Director may remove such WCF at the owner's expense.

A.

Generally. If a WCF has not been in use for a period of 90 days, the owner of the WCF shall notify the City of the non-use and shall indicate whether re-use is expected within the ensuing 90 days. Any WCF that is not operated for a continuous period of 180 days shall be considered abandoned.

B.

Removal of Abandoned WCF. The City, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within 30 days of receipt of written notice from the City. If such WCF is not removed within said 30 days, the City may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired.

A.

Purpose. The purpose of this Division is to ensure that WCFs are designed and located to minimize the impact on the surrounding neighborhood, and to maintain the character and appearance of the City, consistent with other provisions of this Code.

B.

Application. The requirements set forth in this Division shall apply to the location and design of all WCFs governed by this Article as specified herein; provided, however, that the City may waive these requirements if it determines that the goals of this Division are better served thereby. Such determination shall be in writing, identify the relevant goals, and specify how such goals are better served by a waiver.

Wireless Communications Facilities may be required to be designed and constructed to permit the facility to accommodate WCFs from at least two wireless service providers on the same WCF unless the City approves an alternative design to the extent reasonably feasible based upon construction, engineering and design standards. Collocation shall not be required when it would materially compromise the camouflage design intent of the WCF. Upon request by the Director, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site.

A.

Generally. All WCFs and any Related Accessory Equipment (including Transmission Equipment) shall, to the greatest extent technically feasible, use camouflage/concealment design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, equipment location (e.g. RRUs/RRHs located on rooftops below and behind parapet walls), or other design options that will blend the WCF to the surrounding natural setting and built environment. Design, materials and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on sites located on the same parcel and on adjacent parcels.

B.

Priority Locations. Camouflage/concealment design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., placed underground, depressed, or located behind earth berms) to minimize their profile.

C.

Alternative Tower Structures. The camouflage design may include the use of Alternative Tower Structures should the Director determine that such design meets the intent of this Article, and the community is better served thereby.

D.

Non-Reflective Materials. All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only).

A.

Generally. No portion of any WCF may extend beyond the property line. WCFs shall be located and designed utilizing design characteristics that have the effect of reducing or eliminating visual obtrusiveness. The height and size of WCFs should be minimized as much as possible. All WCFs shall comply with the setbacks of the underlying zoning district.

B.

No Impact on Required Parking. WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel (if any) below the standards set out in Article 4-5, Parking and Loading (including, if applicable, parking reductions), or applicable Planned Unit Development approval.

C.

No Unreasonable Interference with the Use of the Right of Way.

1.

The WCF shall not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way.

2.

The WCFs must comply with the Americans with Disabilities Act and every other local, state, and federal law and regulations.

3.

No WCFs may be located or maintained in a manner that causes "unreasonable interference" of use of the right-of-way. For the purposes of this subsection, unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the City, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

D.

No Impact on Required Landscape Areas. WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel (if any), below the standards of Article 4-6, Landscaping and Buffering, or applicable Planned Unit Development approval.

E.

Adjacent Uses. WCFs shall be sited in a manner that evaluates the proximity of the facility in relation to nearby properties and the compatibility of the facility to those uses. WCFS shall not be placed on residential buildings excluding multi-family and mixed use buildings. Applications for multi-family and mixed use buildings shall be evaluated on a case-by-case basis to assess potential community and aesthetic impacts

F.

Ingress/Egress. Visual impacts of the proposed ingress and egress shall be minimized.

G.

Electric Distribution Structures. Small Cell Facilities attached to electric distribution alternative tower structures should be located at the minimum height necessary to provide the safety clearance required by the utility (if applicable) and technically provide adequate service.

A.

Generally. WCFs, excluding Small Cell Facilities in the right-of-way unless otherwise required by the Director, shall be landscaped with a buffer of plant materials that effectively screens the view of the WCF from adjacent properties. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site.

B.

Reduction of Landscape Requirement. In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived altogether by the Director.

C.

Tree and Landform Preservation.

1.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as WCFs sited on large, wooded lots, natural growth around the site perimeter may be sufficient to buffer.

2.

No trees larger than four inches diameter at breast height may be removed, unless authorized by the Director. To obtain such authorization the Applicant shall show that tree removal is necessary, the Applicant's plan minimizes the number of trees to be removed, and any trees removed are replaced at a ratio of one caliper inch for one caliper inch.

D.

Concealment. Landscaping for concealed WCFs shall be compatible with the type of camouflage or concealment technique.

WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Required lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences. Any lights needed for emergency repairs must be brought to the site and shall be limited to only that needed for safety during the repair. Said lights must be removed immediately upon completion of repair work.

A.

Purpose. In addition to the Generally Applicable Design Standards in Section 7-1-3-1 above, the purpose of this Division is to identify the specific design standards applicable to the various types of WCF's while continuing to minimize the impact on surrounding community, consistent with this Code.

B.

Application. The specific design standards set forth in this Division shall apply to each of the various types of WFC's governed by this Article as specified herein; provided, however, that the City may waive these requirements if it determines that the goals of this Division are better served thereby. Such determination shall be in writing, identify the relevant goals, and specify how such goals are better served by a waiver.

A.

Generally. Antennas, Alternative Tower Structures, Small Cell Facilities not in the Right-of-Way and Related Accessory Equipment installed as a Base Station facility, shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or use other camouflage/concealment design techniques so as to make the antenna, alternative tower structure, and related facilities as visually unobtrusive as possible. Such facilities shall be architecturally compatible with respect to attachments and colored to match the building or structure to which they are attached.

B.

Non-conformity. If placed on a structure or building which is non-conforming due to setbacks or height, the addition of antennas or equipment must not increase the non-conformity.

C.

Façade mounted. Façade mounted WCFs, including the antenna, support structures and screening, shall not protrude out from the building face more than two feet, nor shall it extend above the top of the building or the parapet wall, or, in the case of a pitched roof, above the fascia. Façade mounted WCFs may allowed on rooftop penthouses provided these same criteria apply.

D.

Roof Mounted. Roof mounted WCFs shall be approved only where an Applicant demonstrates a façade mounted WCF is inadequate to provide service and evaluated for approval based upon the following criteria:

1.

Roof mounted whip antennas shall extend no more than 12 feet above the parapet of any flat roof or ridge of a sloped roof or penthouse to which they are attached;

2.

Roof mounted panel antennas shall extend no more than seven feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted

E.

Alternative Tower Structures. Alternative Tower Structures (ATS) shall be designed and constructed to look like a building, facility, structure, or other natural feature or man-made structure typically found in the area.

1.

An ATS shall be compatible with the surrounding architecture, topography, and landscape.

2.

An ATS shall be the maximum size needed to obtain coverage objectives while maintaining compatibility with the context and character of the surrounding area. Height or size of the proposed ATS should be minimized as much as possible.

F.

Related Accessory Equipment. Related Accessory Equipment shall be located to be as unobtrusive as possible. Equipment such as RRUs/RRHs shall be placed behind the parapet or located near the center of the rooftop such that it will not be visible from the surrounding area. Any equipment that will be visible shall be screened from view using camouflage/concealment techniques. No Related Accessory Equipment shall be permitted on a sloped roof.

A.

Generally. Small Cell Facilities within the right of way shall comply with the design standards specified in this Code and any administrative regulations adopted by the City related to facility design. The number of poles within the right of way shall be limited as much as possible. Small Cell Facilities in the right-of-way shall be designed and constructed to look like a facility or utility pole typically found nearby in the right-of-way and shall comply with the following design standards.

B.

Placement Priorities. Small Cell Facilities in the public right-of-way shall be installed based on the following priorities unless specified differently in the MLA.

1.

Highest priority is given to collocations using metal third-party poles (such as street light or distribution poles)

2.

Metal street light poles in the right-of-way, purchased and maintained by the owner or provider

3.

Traffic signal poles may be allowed provided no other reasonable opportunity for attachments exists and provided the detailed requirements of Small Cell Design Guidelines and the applicable MLA are met.

4.

New facilities placed on new wooden poles are prohibited, unless authorized through the MLA

5.

Small Cell Facilities strung on wires between existing poles are given the lowest priority and are highly discouraged.

C.

Camouflage and Concealment. The small cell facility shall be camouflaged/concealed consistent with other existing natural or manmade features in the Right-of-Way near the location where the WCF will be located.

1.

All antennas shall be concealed within the vertical pole or within a cantenna mounted to the top of the pole structure or behind a shroud.

2.

Equipment shall be located within the pole base or screened from public view by the use of various screening techniques which may include undergrounding.

D.

Location and Scale. The Small Cell Facility shall be:

1.

Sited to minimize the negative aesthetic impacts to the right-of-way; and

2.

Designed such that all facilities are sized and located to minimize visual clutter.

3.

Limited to no more than ten feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within 600 feet of the pole or structure.

4.

Limited to 40 feet (from base of pole to highest element (cantenna, light fixture, related accessory equipment, etc.), unless such pole is already existing at a greater height.

5.

Any transmission equipment placed on an existing pole shall not extend more than eight feet above such pole.

6.

When placed near a residential property, the WCF should be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting streets. The Director may grant a waiver of these requirements if it is determined that such placement is not reasonably feasible from a construction, engineering or design perspective.

E.

Spacing.

1.

No new freestanding Small Cell Facility shall be within 600 feet of another freestanding Small Cell Facility. These separation requirements do not apply to attachments made to collocation on existing structures.

2.

The Director may exempt an application from these separation requirements if (1) the Applicant demonstrates through technical network documentation that the minimum separation requirement cannot be satisfied for technical reasons, or (2) the Director determines, when considering the surrounding topography; the nature of adjacent uses and nearby properties; and, the height of existing structures in the vicinity, that placement of a WCF at a distance less than 600 feet from another Small Cell Facility will meet the intent of reducing visibility and visual clutter of Small Cell Facilities to the extent possible.

F.

Design and Materials. All collocated Small Cell Facilities shall, to the extent reasonably feasible, utilize metal poles that are consistent with the size and shape of the pole-mounted equipment installed by utility companies on utility in the surrounding area. In instances where collocation is intended for existing street lights mounted on wooden poles with overhead wires, the replacement design will be evaluated on a case by case basis with metal poles being the desired outcome.

G.

Ground-Mounted Equipment and Enclosures.

1.

Ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns.

2.

Equipment enclosures shall be located out of view as much as possible

3.

Technical, construction, and engineering requirements may require a flush-to-grade underground equipment vault, where appropriate and reasonably feasible as determined by the reasonable discretion of the Director.

A.

Generally. Freestanding Towers shall be compatible with the surrounding area and shall meet the requirements of this Section. All applications for Towers shall demonstrate that other alternative design options such as Base Stations or ATSs are not viable options as determined by the Director.

B.

Finish. Towers shall either maintain a galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the City.

C.

Screening. Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment.

D.

Monopoles. Monopole support structures shall taper from the base to the tip.

E.

Enclosure. All Towers shall be enclosed by security fencing or a wall at least six feet in height, and shall also be equipped with an appropriate anti-climbing device.

F.

No New Towers. No new Towers shall be permitted unless the Applicant demonstrates to the reasonable satisfaction of the City that no existing WCFs can accommodate the needs that the Applicant proposes to address with its Tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following:

1.

No existing WCFs with a suitable height are located within the geographic area required to meet the Applicant's engineering requirements;

2.

Existing WCFs do not have sufficient structural strength to support Applicant's proposed WCF and it is not economically feasible to replace such;

3.

The proposed WCFs would cause electromagnetic interference with the WCFs on the existing WCFs or the existing WCF would cause interference with the Applicant's proposed WCF; and

4.

The Applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for collocation.

G.

Setbacks and Separation. The following minimum setbacks and separation requirements shall apply to all Towers except provided, however, that the City may reduce standard setbacks and separation requirements if the Applicant demonstrates that the goals of this Section can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact. Towers shall meet the greater of the following minimum setbacks from all property lines:

1.

The setback for a principal building within the applicable zoning;

2.

Twenty-five percent of the facility height, including WCFs and Transmission Equipment;

3.

The WCF height, including antennas, if the Tower is in or adjacent to a residential district; and

4.

Towers over 90 feet in height shall not be located within one-quarter mile from any existing WCF that is over 90 feet in height, unless the Applicant has shown to the satisfaction of the City that there are no reasonably suitable alternative sites in the required geographic area which can meet the Applicant's needs.

H.

Related Accessory Equipment. Related Accessory Equipment shall be located to be as unobtrusive as possible.

1.

Related Accessory Equipment such as RRUs/RRHs shall be placed behind parapet walls or within an enclosure such that it will not be visible from the surrounding area.

2.

Any equipment that will be visible shall be screened from view using camouflage/concealment techniques.

3.

All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible

4.

The total footprint coverage area of the WCF's Related Accessory Equipment shall not exceed 350 square feet.

5.

No Related Accessory Equipment or accessory structure shall exceed 12 feet in height.