The provisions of this chapter apply to all wireless communications facilities on private and public owned property except for the following, which are exempt from the regulations of this chapter:

A.

Existing towers and antennas for which a building permit was issued before the effective date specified in 17.05.020;

B.

Wireless telecommunications facilities used exclusively for emergency services including police, fire and operation of the city utilities; and

C.

Amateur radio towers and antennas less than one hundred feet in height, above ground level. Any person proposing to erect an amateur radio tower and antenna more than one hundred feet in height but less than two hundred feet in height may apply for an exemption from the wireless telecommunication facility regulations of this chapter. Upon receipt of a complete application the planning and zoning commission must consider the application for exemption in a public hearing and make a recommendation to the city commission for final action.

(Ord. No. 2122-2019, § 3, 6-20-19).

Wireless communications facilities and services are allowed in those zoning districts and locations indicated in Table 60-1.

TABLE 60-1: ALLOWED WIRELESS COMMUNICATIONS FACILITIES

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Every applicant shall file a completed application with the director of building safety, in a number and form specified by the director of building safety.

B.

Applications shall not require or be evaluated based upon:

1.

Except as provided in 17.60.040, information about an applicant's business decisions with respect to the applicant's designed service, customer demand for service, or quality of the applicant's service to or from a particular area or site;

2.

Availability of other potential locations for the placement or construction of a tower or transmission equipment;

3.

Except as provided in 17.60.040, other options for collocation instead of the construction of a new tower or modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station; however, applicants are encouraged to consider collocation options prior to submitting an application;

4.

The requirement for removal of existing towers, base stations, or transmission equipment, wherever located, other than requirements stated in policy approved by city board resolution for removal of abandoned towers or transmission equipment;

5.

Surety requirements, including bonds, escrow deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused towers or transmission equipment can be removed, other than requirements stated in policy approved by city board resolution that are competitively neutral, nondiscriminatory, reasonable in amount, and commensurate with the historical record for local facilities and structures that are abandoned;

6.

Applicant's agreement to provide space on or near the tower, base station, or wireless support structure for the city or for other local governmental or nongovernmental services at less than the market rate for such space or to provide other services via the structure or facilities at less than the market rate for such services;

7.

Environmental testing, sampling, or monitoring requirements, or other compliance measures, for radio frequency emissions from transmission equipment that are categorically excluded under FCC rules for radio frequency emissions pursuant to 47 CFR 1.1307(b)(1);

8.

Regulations or procedures for radio frequency signal strength or the adequacy of service quality; or

9.

Perceived or alleged environmental effects of radio frequency emissions, as provided in 47 USC 332(c)(7)(B)(iv).

C.

The city shall not deny an application due to the type of transmission equipment or technology to be used by the applicant, or preference for type of infrastructure or technology; and shall not prohibit the placement of emergency power systems that comply with federal and state environmental requirements.

D.

Applications shall remain valid for a period of two years from the date of final approval, including disposition of any appeals. Construction of approved structures or facilities shall be commenced within two years of final application approval and diligently pursued to completion.

(Ord. No. 2122-2019, § 3, 6-20-19).

In addition to the general application requirements of 17.60.030, applications for new towers must include the following:

A.

An explanation of the reason for choosing the proposed location and why collocation was not selected, including a sworn statement from an individual with responsibility over placement of the tower attesting that collocation within the area determined by the applicant to meet the applicant's radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to the applicant; and

B.

Propagation maps, to be used solely for the purpose of identifying the location of the coverage or capacity gap or need for applications for new towers in an area zoned for residential use. Such maps are to be used for no other purpose.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

Small Wireless Facilities. Applications for small wireless facilities shall be processed as follows:

1.

Within ninety days following the submission of a completed application, the director of building safety shall approve or disapprove the application, by written notice provided to the applicant, and documenting the basis for denial if applicable including the specific code provisions or standards on which the denial is based.

2.

An applicant whose application is denied shall have an opportunity to cure any deficiencies identified by the city as the basis for the denial and to submit a revised application within thirty days following the date of denial without paying an additional fee. The city shall approve or deny a revised application within thirty days following submission. The city shall not identify any deficiencies in a second or subsequent denial that were not identified in the original denial.

B.

Other Wireless Communications Facilities. Applications for any wireless communications service use other than for small wireless facilities shall be processed as follows:

1.

Within thirty days of acceptance of an application, city staff shall provide written notice to the applicant of all deficiencies in the application relating to the city's applicable zoning regulations and building permit requirements, setting forth the city code sections and city policies for reference. The applicant shall provide all required information or necessary revisions as set forth in such notice.

2.

Within ten days of the date that the applicant supplements its submission in accordance with the city's notice, city staff shall provide written notice to the applicant of any continued deficiencies in the application, setting forth the city code sections and city policies for reference as also provided in the original notice. The applicant may supplement its submission, and the city may provide notice of deficiencies, until such time as the applicant provides all required information and/or makes all necessary revisions to its plans.

3.

No application shall be deemed complete until all deficiencies stated in such notices, if any, have been cured.

4.

Unless extended due to notices and responses as described in paragraphs A or B of this subsection, the director of building safety shall approve or disapprove the application, by written notice provided to the applicant:

5.

Within one hundred fifty calendar days of the date of submission for applications for new towers.

6.

Within sixty calendar days of the date of submission for applications for eligible facilities requests.

7.

Within ninety calendar days of the date of submission for applications for (i) initial placement or installation of base stations and/or transmission equipment on wireless support structures, (ii) modification of an existing tower or existing base station that constitutes a substantial change, or (iii) a request for construction or placement of transmission equipment that does not constitute an eligible facilities request.

8.

Notice to Applicant. If the director of building safety finds that an application submitted under this section does not meet the definition of an eligible facilities request, the city shall notify the applicant in writing that the application shall be processed as an application for a new tower, or as an application for initial placement or installation of a base station and/or transmission equipment on wireless support structures, and/or for modification of an existing tower or existing base station that constitutes a substantial change, and/or for a request for construction or placement of transmission equipment that does not constitute an eligible facilities request, or as a small wireless facility application or wireless support structure for the siting of a small wireless facility, accordingly, and the applicable timeframe for review shall commence on the date stated on said notice.

(Ord. No. 2122-2019, § 3, 6-20-19).

A.

New and Modified Towers. The following requirements and criteria are applicable to new towers and modifications of existing towers that constitute a substantial change:

1.

A tower shall be set back from the property line of any adjoining residentially zoned property a distance equal to the height of the tower and its related equipment, unless a lesser setback is required due to the type of transmission equipment or technology proposed by the applicant, and the tower and related equipment shall be adequately screened from adjoining residential uses.

2.

A tower and any related equipment thereon shall be painted a color compatible with the surrounding area.

3.

Except for the minimum lighting, if any, necessary to comply with FAA regulations.

4.

The height of a tower, inclusive of any related equipment thereon, shall not exceed seventy-five feet for a single user or eighty-five feet in height for co-location, unless additional height is required due to the type of transmission equipment or technology proposed by the applicant.

5.

Any service building or equipment located at grade shall be adequately screened from adjoining residential uses.

6.

The adverse visual impact of a tower shall be minimized through careful design, siting, landscape screening and innovative camouflaging techniques. Unless otherwise required due to the type of transmission equipment or technology proposed by the applicant, at a tower site, the design of the buildings and related equipment shall use materials, colors, textures, screening, and landscaping that will blend the facilities with the natural setting and the built environment. If the built environment is anticipated to change significantly during the usable life of the tower, such as within an urban renewal district or recently annexed areas, the tower or structure shall be compatible with the anticipated future built environment.

7.

Modifications to existing towers shall not defeat existing concealment elements of the tower, and shall comply with all conditions associated with the prior approval of construction or modification of the tower, including but not limited to building code, UDO, and permit conditions, unless required due to the type of transmission equipment or technology proposed by the applicant.

8.

Modifications shall not increase the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets, and shall not cause excavation or deployment to occur outside the current site of the tower, unless required due to the type of transmission equipment or technology proposed by the applicant.

9.

New freestanding wireless telecommunication facilities shall be separated by a distance of at least one thousand feet, as measured from the wall or fence of each freestanding wireless telecommunications facility.

B.

Other Wireless Communications Facilities. The following requirements and criteria shall apply to all wireless communication service uses other than new towers or modifications of existing towers that constitute a substantial change. For purposes of this subsection only, unless otherwise specified, "transmission equipment" includes "transmission equipment," "base station," and "small wireless facility."

1.

Transmission equipment shall be placed upon or within a wireless support structure such as to minimize visibility of the transmission equipment to the fullest extent technologically possible, unless visible placement is required due to the type of transmission equipment or technology proposed by the applicant, including but not limited to the following:

a.

Wall-mounted transmission equipment shall be mounted in a configuration that is as flush to the wall as technically possible to ensure both the functionality of the antenna and to minimize visual impact and shall not project above the wall on which it is mounted.

b.

Transmission equipment mounted on roof appurtenances, such as mechanical equipment, must be as flush-mounted to the existing mechanical equipment or roof appurtenance as technically possible to ensure both the functionality of the antenna and to minimize visual impact.

2.

Transmission equipment shall be designed and located so as to be architecturally compatible with the wireless support structure upon which the transmission equipment is mounted and to minimize any adverse aesthetic impact, unless otherwise required due to the type of transmission equipment or technology proposed by the applicant.

3.

Except for the minimum lighting, if any, necessary to comply with FAA regulations.

4.

Transmission equipment upon a wireless support structure, and any related equipment located at grade, shall be adequately screened from adjoining residential uses.

5.

The height of a wireless support structure, inclusive of the transmission equipment, shall not exceed the maximum height allowed by the applicable zoning district unless additional height is required due to the type of transmission equipment or technology proposed by the applicant.

6.

A wireless support structure, and transmission equipment, shall be set back from the property line of any adjoining residentially zoned property as required by the bulk regulations of the applicable zoning district.

7.

The number of new wireless support structures may be reasonably limited, consistent with the protection of public health, safety, and welfare, and provided that such limitation does not have the effect of prohibiting or significantly impairing a wireless service provider's ability to provide wireless service within the area of a proposed new structure.

8.

Modifications to an existing base station shall not defeat existing concealment elements of the base station, and shall comply with all conditions associated with the prior approval of construction or modification of the base station, including but not limited to building code, UDO, or permit conditions, unless required due to the type of transmission equipment or technology proposed by the applicant.

9.

Modifications to an existing base station shall not increase the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets, and shall not cause excavation or deployment to occur outside the current site of the base station, unless required due to the type of transmission equipment or technology proposed by the applicant.

(Ord. No. 2122-2019, § 3, 6-20-19).

If the denial of any appeal for a variation of relief will result in denial of wireless communications services, or if approval of a variation or an appeal for relief is necessary due to the type of technology proposed by an applicant, then the planning and zoning commission shall grant the relief sought, which may be subject to conditions allowed by city, state, and federal law.

(Ord. No. 2122-2019, § 3, 6-20-19).

The definitions of this section apply solely in administering and interpreting the wireless communications regulations of this article. The following words, terms and phrases have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Applicant" means any person, and/or any person acting on behalf of another person, engaged in the business of providing wireless communications services or the wireless communications infrastructure required for wireless communications services and who submits an application. This definition of "applicant" shall apply specifically to this article.

"Application" means a request submitted by an applicant to the director of building safety for any wireless communications service use requiring conditional use approval and/or zoning compliance and siting review as set forth in this article. This definition of "application" shall apply specifically to this article.

"Base station" means equipment not associated with a tower or a supporting structure that is not a tower, at a fixed location, that, at the time that the application is filed, supports or houses an antenna, transceiver, distributed antenna system (DAS) equipment, small cell equipment, or other associated equipment that enables FCC-licensed or FCC-authorized wireless communications between user equipment and a communications network and that has been previously reviewed and approved under the applicable zoning or siting process or under another state or local regulatory review process. "Base station" includes but is not limited to equipment associated with wireless communications services such as private, broadcast, and public safety services and unlicensed wireless services and fixed wireless services such as microwave backhaul; radio transceivers; antennas; coaxial or fiberoptic cable; regular and backup power supplies; and comparable equipment, regardless of technological configuration.

"Collocation" means the mounting or installation of transmission equipment on an existing tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

"Distributed antenna system (DAS)" means a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.

"Eligible facilities request" means a request for modification of an existing wireless tower or base station, including legal non-conforming structures, that involves collocation, removal, or replacement of transmission equipment, and that does not constitute a substantial change to the tower or base station. "Eligible facilities request" applies only to towers or base stations for which the state or local government has approved the construction of the structure with the sole or primary purpose of supporting covered transmission equipment (i.e. existing wireless towers), or where the state or local government has previously decided that the site is suitable for wireless facility deployed and approved the siting of transmission equipment that is part of a base station on that structure (i.e. other existing support structures). "Eligible facilities request" includes hardening through structural enhancement where such hardening is necessary for a covered collocation, replacement, or removal of transmission equipment and structural enhancement so long as the modification of the underlying tower or base station is performed in connection with and is necessary to support a collocation, removal, or replacement of transmission equipment, but does not include replacement of the structure upon which the transmission equipment is located.

"Equipment cabinet" means a cabinet mounted on the ground or on a wireless support structure used to support equipment associated with a wireless communication facility.

"Existing" means previously reviewed and approved under applicable zoning or siting processes, or under another form of affirmative state or local regulatory review process. "Existing" includes a wireless tower that does not have a permit or other zoning approval because it was not in a zoned area when it was built, but was otherwise lawfully constructed; and a structure that, at the time of the application, supports or houses a base station, even if the structure was not built for the sole or primary purpose of providing such support. "Existing" does not include a tower or base station that was constructed or deployed without proper review; was not required to undergo siting review; does not support transmission equipment that received another form of affirmative state or local regulatory approval; or any structure that is merely capable of supporting wireless transmission equipment whether or not it is providing such support at the time of the application. This definition of "existing" shall apply specifically to this article.

"FCC" means the Federal Communications Commission.

"Increase in height" means any of the following:

1.

For towers, a cumulative increase in the height of the tower by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, measuring the change in height from the dimensions of the tower as originally approved or as of the most recent modification that received local zoning or similar regulatory approval prior to the passage of the Spectrum Act, whichever is greater.

2.

For all base stations, an increase in height of the base station by more than ten percent or ten feet, whichever is greater, measuring the change in height from the height of the original structure, rather than the height of the previously approved antenna.

"Increase in width" means an increase in width from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

"Site" means all of the following:

1.

For towers, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. This definition of "site" shall apply specifically to this article.

2.

For base stations, the area in proximity to the structure and to other transmission equipment deployed on the ground at the time of the application. This definition of "site" shall apply specifically to this article.

"Small wireless facility" means operator-controlled, low-powered radio access nodes, including those that operate in licensed spectrum and unlicensed carrier-grade Wi-Fi, with a range from ten meters to several hundred meters, and further defined as follows:

1.

Each antenna is no more than six cubic feet in volume.

2.

All other equipment associated with the small wireless facility is cumulatively no more than twenty-eight cubic feet in volume.

3.

For purposes of this "small wireless facility" definition, volume shall be measured by the external displacement of the primary equipment enclosure, not the internal volume of such enclosure. An associated electric meter, concealment, communications demarcation box, ground-based enclosures, battery backup power systems, grounding equipment, power transfer switch, cutoff switch, cable, conduit, and any equipment that is concealed from public view within or behind an existing structure or concealment may be located outside of the primary equipment enclosure and shall not be included in the calculation of the equipment volume. "Small wireless facility" does not include any structure that supports or houses equipment described in this definition.

"Spectrum Act" means the federal Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-22, codified at 47 U.S.C. Section 1455 ("Section 6409 Wireless Facilities Deployment"), approved February 22, 2012.

"Substantial change" means any of the following:

1.

The installation of more than the standard number of new equipment cabinets for the technology involved, and not to exceed four cabinets.

2.

Any excavation or deployment outside the current site of the tower or base station.

3.

Modifications that defeat the existing concealment elements of the tower or base station.

4.

Modifications that do not comply with conditions associated with the prior approval of construction or modification of the tower or base station, including but not limited to building code, UDO, or permit conditions, and that exceed one or more of the "substantial change" thresholds identified in this definition.

5.

An "increase in height," as that phrase is defined in this article.

6.

An "increase in width," as that phrase is defined in this section.

"Tower (or communication tower or wireless tower)" means a structure constructed with the sole or primary purpose of supporting FCC-licensed or authorized transmission equipment, including transmission of personal wireless service, broadband service, and mobile and fixed broadband service.

"Transmission equipment means any equipment, other than equipment related to a "small wireless facility" as defined in this subsection, that facilitates transmission for any FCC-licensed or FCC-authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply used in any technological configuration associated with any FCC-authorized wireless transmission, licensed or unlicensed, terrestrial or satellite, including commercial mobile, private mobile, broadcast service, and public safety services, as well as fixed wireless services such as microwave backhaul or fixed broadband. The term "related equipment", when used in this chapter in reference to a tower or a base station, includes but is not limited to "transmission equipment."

"Wireless support structure" (or "structure") means a structure that exists at the time an application is submitted and is capable of supporting the attachment or installation of transmission equipment in compliance with applicable codes, including but not limited to water towers, buildings, and other structures. "Wireless support structure" or "structure" does not include a tower or existing base station.

(Ord. No. 2122-2019, § 3, 6-20-19).