The City acknowledges the right of wireless communication. However, the City also recognizes it is important to regulate the appearance, number, location and construction to protect the public health, safety, and welfare; to protect values of both business and private citizens; and to preserve an attractive City environment. The purpose of this ordinance is to establish general guidelines for wireless communication facilities (WCF). The goals of this ordinance are to: provide a range of locations for Wireless communication facilities in appropriate zones with performance standards addressing the siting of these facilities; encourage the location of wireless communication facilities on existing structures, including utility poles, signs, water towers, buildings and other wireless communication facilities where feasible; and encourage collocations and site sharing of new and existing wireless communication facilities.

(Ord. CS 780, 2-28-2000)

The regulations set forth in this chapter shall apply to the location in all zoning districts of all communication facilities, including communication towers, antennas, microwave dish antennas, and equipment shelters, except the following:

A.

Conventional television antennas, amateur radio antennas and similar types of communication equipment for personal, non-commercial use, and that are not over 60 feet above ground level measuring from the grade, are not subject to the requirements of this chapter.

B.

Commercial communication facilities in industrial or commercial zoning district that are not over 75 feet above ground level are not subject to the requirements of this chapter.

C.

Microwave dish antennas for personal, non-commercial use, and commercial microwave dish antennas less than three feet in diameter that receive signals only are not subject to the requirements of this chapter. (Commercial microwave dish antennas that are greater than three feet in diameter or that send signals are subject to the requirements of this chapter.)

(Ord. CS 780, 2-28-2000)

All support structure wireless communication facilities may be permitted in any industrial and business park zoning district subject to approval of a conditional use permit. Attached wireless communication facilities may be permitted within any zoned district with an approved conditional use permit.

A.

Antenna arrays to existing Wireless communication facility support structure shall be permitted with an approval of an administrative permit.

(Ord. CS 780, 2-28-2000)

A.

Appeal of staff decision

B.

Appeal of Planning Commission decision. Within ten days following a Planning Commission decision, an appeal may be made to the City Council by the applicant or other interested parties. The written appeal shall be filed with the appropriate fee with the City Clerk and shall state wherein the decision was inappropriate. The appeal shall be set for public hearing before the City Council. The decision by the City Council shall be final.

(Ord. CS 780, 2-28-2000)

A.

General standards for all communication support structure (towers) and equipment facilities:

1.

The facility shall be located in any industrial and business park zone except with at a historical site or an area designated residential or commercial on the General Plan.

2.

The communication facilities shall not significantly displace or impair agricultural operations, including crop dusting, on the subject parcel or surrounding parcels.

3.

Identification signs, including emergency phone numbers of the service provider, shall be posted at all tower and equipment sites.

4.

All unused or obsolete towers and equipment shall be removed from their respective sites within six months after their operation has ceased, at the communication company's or landowner's expense.

5.

The tower shall be a monopole design unless the Planning Commission determines that it would not be visible to the general public, in which case a lattice tower design may be approved.

6.

The height of the tower shall not exceed 130 feet (including the antennas) above ground level. Exception to the height limitation shall be justified by the applicant and be approved by the Planning Commission.

7.

The tower and equipment facility shall be located at a distance equal to at least twice the height of the tower from residential property line on adjoining properties.

B.

Standards for attached wireless communication facility:

1.

Antennas may be mounted on water towers, billboards, building facades, ball field light structures or other structures if they are screened or mounted in an aesthetically acceptable manner. Both the antenna and any screening structure are subject to all applicable building codes requirements including building structure and wind load integrity.

2.

The overall height of the antenna, including mounting hardware or base shall not exceed ten feet above the height of the building or structure on which it is mounted, or the height of the building plus the horizontal distance from the antenna to the edge of the roof, whichever is greater.

3.

Equipment Facility shall be a maximum of 600 square feet in size.

4.

Equipment Facility within residential and commercial zones shall try to incorporate within or add to the existing building. At the least, they shall have the same exterior (materials, color and roofing) as the main building on the site or blend with the natural settings and building of the surrounding area as approved by the Planning Commission.

5.

All Equipment Facilities shall meet the setback requirements for accessory building for the zone district where they are located.

(Ord. CS 780, 2-28-2000)

To minimize the number of communication towers throughout the City, service providers shall employ all reasonable measures to co-locate their antenna equipment on existing towers prior to applying for approval of new towers. All agencies and service providers shall be encouraged to permit collocation of microwave dishes and cellular facilities on appropriate existing structures subject to engineering requirements.

(Ord. CS 780, 2-28-2000)

Decisions on use permits may take into consideration the aesthetic impact of the proposed antennas and/or communications facilities and may include conditions of approval for the purpose of reducing visual impact of the antenna from adjacent property and/or facility as seen from adjacent properties for the purpose of reducing the potential of safety or health hazards.

A.

Attached wireless communication facilities—Attached wireless communication facilities which are significantly visible to the adjacent residences shall be designed so as to blend in with the existing structure, including placement in a location which is consistent with proper functioning of the wireless communication facility, and the use of compatible neutral colors.

B.

Attached wireless communication facilities which are visible to adjacent residences, which have aesthetic impacts that are not able to be mitigated by placement and color solutions, can be required to be screened in an achievable manner.

C.

Wireless communication facilities with support structures shall be designed so as to blend in with the existing surroundings, including colors.

D.

Lighting—Wireless communication facilities shall not be artificially lighted, except for:

1.

Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light and glare away from neighboring properties and streets.

2.

Such lighting may be a requirement of the Federal Aviation Administration or other applicable authority installed in a manner to minimize impacts on neighboring residences.

E.

Noise—No equipment shall be operated at a wireless communication facility so as to produce noise in excess of the applicable noise standards for each specific land use and adjoining uses.

F.

Radio frequency emissions:

1.

The Federal Telecommunication Act of 1996 (FTA) gives the Federal Communication Commission (FCC) sole jurisdiction of the field of regulation of radio frequency (RF) emissions and wireless communication facilities which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts.

2.

Applicants for wireless communication facilities shall be required to provide information on the projected power density of the facility and how this meets the FCC standards.

(Ord. CS 780, 2-28-2000)

Any wireless communication facility that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such wireless communication facility and/or property owner shall remove the facility within 90 days. The City shall have the right to cause the removal of the abandoned wireless communication facility at the landlord's expense.

(Ord. CS 780, 2-28-2000)

Wireless communication facilities in existence on the date of the adoption of this ordinance, which do not comply with the requirements of this ordinance (nonconforming wireless communication facilities) are subject to the following provisions.

A.

Nonconforming wireless communication facilities may continue to be used, but may not be expanded without complying with this ordinance, except as further provided in this ordinance.

B.

Nonconforming wireless communication facilities may add additional antennas (belonging to the same carrier or other carriers) subject to administrative review.

C.

Nonconforming wireless communication facilities which are damaged or destroyed due to any reason or cause may be repaired and restored to their former use and location and physical dimensions subject to obtaining a building permit that complies with the most recent Building Codes (UBC, UFC and UPC and NEC).

D.

The owner of any nonconforming wireless communication facility may replace, repair, rebuild and/or expand such wireless communication facility in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this ordinance, so long as such facilities are not increased in height and/or setbacks are not decreased and comply with the provisions of this chapter.

Modification to existing facilities or pre-existing facilities which meet the requirements of this ordinance

E.

Minor modifications—Minor modifications to wireless communication facilities permitted under this ordinance shall be approved under an administrative review. Minor modifications are as follows: the addition of antenna arrays to any existing wireless communication facility, or other similar modification as determined by the Planning Department.

(Ord. CS 780, 2-28-2000)