The following performance standards and incentives are established in order to ensure proper siting exclusive to wireless communication facilities in accordance with the public health, safety and general welfare.

(Ord. No. R-7, § 1(part), 1997)

The purpose of this chapter is to provide for a wide range of locations and options for siting wireless communication providers while minimizing the unsightly characteristics associated with WCF and to encourage creative approaches in locating WCF which will blend in with the surroundings.

(Ord. No. R-7, § 1(part), 1997)

Editor's note— Ord. No. W-22, § 96, adopted April 22, 2014, repealed § 21.50.030, which pertained to definitions and derived from Ord. No. R-7, § 1(part), adopted in 1997.

(a)

Micro facilities.

(1)

Micro facilities are permitted in all zones.

(2)

A micro facility shall be located on existing buildings, poles or other existing support structures.

(3)

Antennas equal to or less than four feet in height including omnidirectional antennas are exempt from the height limitation of the zone in which they are located. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

(4)

The micro facility shall be exempt from review by the director of community development if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.

(5)

The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed.

(b)

Mini facilities.

(1)

Mini facilities are permitted in all zones except single-family residential (R-1) and single-family manufactured home (R-1M) zones.

(2)

The mini facility shall be exempt from review by the director of the department of community development if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.

(3)

The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed.

(4)

Mini facilities shall comply with the height limitation specified for all zones except as follows: Antennas may exceed the height limitation by ten feet, or in the case of nonconforming structures the antennas may extend ten feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

(c)

Macro facilities.

(1)

Macro facilities are permitted in commercial, mixed use, industrial (business park), public, R-3, R-3H and SR-2 zones. Macro facilities may also be permitted in R-1 and R-2 residential zones if attached to non-residential buildings or structures, such as a church, school, city/county/EWU structures, utility infrastructure or water tanks. A wireless facility in a public right-of-way of a residential zone, shall meet the requirements of "small wireless facilities," as defined in 47 CFR.

(2)

A macro facility shall be exempt from review by the director of the department of community development if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.

(3)

The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed.

(4)

Macro facilities shall comply with the height limitation specified for all zones, except as follows: Antennas may exceed the height limitation by 15 feet, or in the case of nonconforming structures the antennas may extend 15 feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

(d)

Monopole I.

(1)

Monopole I facilities are only permitted in the general commercial (C-2), industrial (I-1), business park (BP), public (P) and semi-rural (SR-2) zones.

(2)

Monopole I facilities are permitted in public and open space sites (including public parks) and also in the C-1, downtown commercial zone with a conditional use permit.

(3)

Monopole I facilities are not permitted in residential zones except when expressly provided for in this chapter.

(4)

Monopole I facilities, including antennas, shall be no more than 75 feet in height.

(5)

Co-location on an existing support structure shall be a permitted use.

(6)

The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the Monopole I facilities shall be concealed. Monopole I facilities shall be subject to design review by director of the department of community development.

(7)

Monopole I facilities shall be landscaped in conformance with the director of the department of community development.

(8)

Monopole I facilities adjacent to a single-family or single-family manufactured home zone, shall be set back a distance equal to the height of the wireless communication support structure from the nearest single-family lot line.

(e)

Monopole II.

(1)

Monopole II facilities shall require a conditional use permit.

(2)

Monopole II facilities are permitted in I-1 industrial, BP business park, C-2 general commercial, public (P) and SR-2 semi-rural 2 zones.

(3)

Monopole II facilities locating in the C-2 zone shall be designed to accommodate two or more wireless communications facilities on the wireless carriers' support structure.

(4)

Co-location on an existing support structure shall be permitted without an additional conditional use permit, provided there is not a substantial change to the existing support structure as defined by 47 CFR § 1.6100(7).

(5)

Monopole II facilities, including antennas, shall be no more than 165 feet in height.

(6)

The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the Monopole II facility support structure shall be concealed or screened. Monopole II facilities shall be subject to review by the director of the department of community development.

(7)

Monopole II facilities shall be landscaped in accordance to the director of the department of community development.

(8)

Monopole II facilities adjacent to a residential zone shall be set back a distance equal to the height of the wireless communication support structure from the nearest single-family lot line.

(9)

Monopole II facilities shall be separated from each other by a distance equal or greater than 1,320 feet, unless the applicant demonstrates that collocation on a nearby Monopole II facility is not technically feasible or that the facility is not available for lease.

(f)

Lattice towers.

(1)

Lattice towers are only permitted in the industrial and semi-rural zones, provided the wireless communications support structure is built to accommodate the location of two or more wireless carriers' facilities.

(2)

Lattice towers which exceed 75 feet in height or are located within 300 feet of a residential zone or are located in certain public sites (i.e., Cheney High School) shall require a conditional use permit.

(3)

Lattice towers are not permitted in residential zones, except where expressly provided for in this chapter.

(4)

Co-location on an existing support structure shall be permitted without an additional conditional use permit, provided there is not a substantial change to the existing support structure as defined by 47 CFR § 1.6100(7).

(5)

Lattice towers, including antennas) shall be no more than 165 feet in height.

(6)

The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the lattice tower support shall be concealed, screened or placed underground. Lattice towers shall be subject to review by the director of the department of community development.

(7)

Lattice towers shall be landscaped in accordance to the director of the department of community development.

(8)

Lattice towers adjacent to a residential zone, shall be set back a distance equal to or greater than the height of the wireless communication support structure from the nearest single-family lot line. In any case, if the lattice tower is within 300 feet of a residentially zoned lot, a conditional use permit will be required.

(9)

Lattice towers shall be separated from each other by a distance equal or greater than 2,640 feet.

(Ord. No. Y-21, § 14, 10-11-2022; Ord. No. S-97, §§ 1—3, 2002; Ord. No. R-7, § 1(part), 1997)

In addition to the conditional use permit criteria specified in chapter 21.58 of the Cheney Municipal Code, the following specific criteria shall be met before a conditional use permit can be granted:

(1)

Visual impact.

a.

Antennas may not extend more than 15 feet above their supporting structure, monopole lattice tower, building or other structure.

b.

Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the communications equipment. Wireless communication 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 visual impact of the site to the surrounding area.

c.

Accessory equipment facilities used to house wireless communications equipment should be located within buildings. When they cannot be located in buildings, equipment shelters or cabinets shall be screened and landscaped in conformance with the director of the department of community development.

(2)

Noise. As a condition the service provider of the WCF will need to provide information regarding the dB reading associated with the structure as measured from the nearest property line.

(3)

Other application and conditional use criteria—FCC preemption. In any proceeding regarding the issuance of a conditional use permit under the terms of this chapter, federal law prohibits consideration of environment effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning such emission.

(Ord. No. R-7, § 1(part), 1997)

The following are exempt from the requirement of a conditional use permit, and shall be considered a permitted use in all zones where wireless and attached wireless communications facilities are permitted: Minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, so long as there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this document.

(Ord. No. R-7, § 1(part), 1997)

A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair.

(Ord. No. R-7, § 1(part), 1997)