Unless otherwise indicated in this chapter, the Following definitions Shall apply for all purposes.

"Co-Located" means locating wireless communications Antennas and related equipment from more than one provider on a single site or Structure.

"Communication Antenna" means an Antenna, including Antennas in whip, dish or panel type Structures, which are designed to transmit or receive communications as authorized by the Federal Communications Commission, including but not limited to radiation or capture of electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunicators signals or other communication signals which transmit or receive radio signals.

"Communication Equipment" means any Communication Antenna or related equipment designed to transmit or receive communications as authorized by the Federal Communications Commission.

"Communication Tower" means a tower thirty-five feet in height or greater (including Antenna) which supports communication (transmission or receiving) equipment. The term Communication Tower Shall not include amateur radio Operator's equipment, as licensed by the Federal Communications Commission (FCC).

"Monopole" means a Structure composed of a single spire Used to support communications equipment.

"Stealth" means to camouflage the design of Communication Tower or Antenna so that it looks like a Structure or feature that blends with the surrounding environment.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

The regulations and requirements set forth herein are adopted for the Following purposes:

A.

To provide for the location of Communication Towers and Communication Antennas in the City;

B.

To protect residential areas and land Uses from potential adverse impacts of Communication Towers and Antennas;

C.

To minimize adverse visual impacts of Communication Towers and Antennas through careful design, siting, landscape Screening and innovative camouflaging techniques;

D.

To accommodate the growing need for Communication Towers and Antennas;

E.

To promote and encourage shared Use/collocation of existing and new Communication Towers as a primary option, rather than construction of additional single-use towers;

F.

To protect the public health, safety and welfare; and

G.

To avoid potential damage to adjacent Properties from tower failure through engineering and careful siting of tower Structures.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

A.

All new Communication Towers and Communication Antennas in the City Shall be subject to these regulations, as well as all other applicable Federal, state and Local Laws, rules and regulations. For purposes of measurement, Communication Tower Setbacks and separation distances, as delineated in subsections C, D and E of Section 18.39.050, Shall be calculated and applied irrespective of municipal and County jurisdictional boundaries.

B.

All Communication Towers existing on April 30, 1998 Shall be considered Permitted Uses and allowed to continue their usage as they presently exist; provided, however, that anything other than routine maintenance Shall comply with the requirements of Section 18.39.050, other than subsections C, D and E of that section. As Used in this subsection, routine maintenance Shall include, without limitation, structural modifications such as making provisions for additional Antennas or additional providers, as well as New Construction on an existing Communication Tower.

C.

All governmental towers with public safety systems or equipment Shall be exempt from the requirements of this chapter.

D.

Modifications to all existing communication towers shall be exempt from the requirements of this chapter provided such modifications comply with the following:

1.

The height of the existing communication tower shall not be increased.

2.

Replacement of existing antennas or addition of new antennas shall not result in an increase of more than four (4) antennas from the existing number of antennas on the communication tower.

3.

The lease/ground equipment enclosure area shall not be increased.

4.

All replacement and new antennas and new miscellaneous equipment shall be consistent with the size of existing antennas and design of the existing communication tower.

5.

All modifications to existing communication towers shall be required to meet all applicable Building Codes and shall be required to obtain a building permit.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

(Ord. No. O-12-18, § 37, 12-18-2018)

A.

New Communication Towers and Communication Antennas May locate on existing Utility Structures, including existing Communication Towers, Utility poles, Utility Structures and water tanks, that are at least twenty-five feet in height. When located on such Utility Structures, Communication Towers and Communication Antennas Shall:

1.

Be integrated into the existing Structure; and

2.

Not exceed fifty percent of the total height of the Structure, however Communication Towers/Antennas placed on Utility poles Shall not exceed the height of the Utility pole.

B.

Communication Towers and Communication Antennas processed under Subsection A. Shall be reviewed and Approved by the Director using the architectural and Site Plan review provisions of Section 18.58.030.

C.

New freestanding Communication Towers and Communication Antennas Shall also be allowed in the M-1 (light industrial) and M-2 (heavy industrial) zoning Districts. Such freestanding Communication Towers and Communication Antennas will not be allowed unless the Applicant demonstrates that:

1.

Existing towers and Buildings do not afford the Applicant the technological ability to provide service to the service area of the Applicant or service provider; and

2.

It is not technologically possible to bifurcate the geographical boundaries of the proposed service area in order to avoid the necessity for a freestanding Communication Tower or Communication Antenna.

D.

New freestanding Communication Towers and Communication Antennas processed under subsection C Shall be reviewed and Approved by the Planning Commission using the architectural and Site Plan review provisions of Section 18.58.030.

E.

New freestanding Communication Towers and Communication Antennas May be allowed in other nonresidential zoning Districts in the City provided such Communication Towers and Communication Antennas comply with the Following:

1.

The Communication Tower or Communication Antenna is Stealthed or camouflaged to look like a Structure or feature that blends with the surrounding area.

2.

The Communication Tower or Communication Antenna is located at least five hundred feet from residentially zoned Property.

3.

The Applicant demonstrates that:

a.

Existing towers and Buildings do not afford the Applicant the technological ability to provide service to the service area of the Applicant or service provider; and

b.

It is not technologically possible to bifurcate the geographical boundaries of the proposed service area in order to avoid the necessity for a freestanding Communication Tower or Communication Antenna.

F.

Communication Towers and Communication Antennas processed under subsection B Shall be reviewed and Approved by the Planning Commission using the architectural and Site Plan review provisions of Section 18.58.030.

G.

New freestanding Communication Towers and Communication Antennas located within five hundred feet of residentially zoned Property and in residentially zoned Property May be allowed provided such Communication Towers and Communication Antennas comply with the Following:

1.

The Communication Tower or Communication Antenna is Stealthed or camouflaged to look like a Structure or feature that blends with the surrounding area and the Lot upon which the Communication Tower or Antenna is located contains a minimum of twenty thousand square feet of land area.

2.

The Communication Tower or Communication Antenna does not exceed a total height of thirty-five feet.

3.

The Communication Tower or Communication Antenna is not located in a required front, side or Street side Setback area.

4.

The Applicant demonstrates that:

a.

Existing towers and Buildings do not afford the Applicant the technological ability to provide service to the service area of the Applicant or service provider; and

b.

It is not technologically possible to bifurcate the geographical boundaries of the proposed service area in order to avoid the necessity for a freestanding Communication Tower or Communication Antenna.

H.

Communication Towers and Communication Antennas processed under subsection G Shall be reviewed and Approved by the Planning Commission using the Conditional Use Permit provisions of Section 18.58.060.

I.

New freestanding Communication Towers and Communication Antennas May be located on Public Property including City, School District, community college and other Public Property that is zoned for residential Uses provided such Communication Towers and Communication Antennas do not exceed an overall height of eighty-five feet and are Approved by the Planning Commission using the architectural and Site Plan review provisions of Section 18.58.030. When located within three hundred feet of residentially zoned and Used Property, such freestanding Communication Towers and Communication Antennas Shall be Stealth and be Approved by the Planning Commission using the Conditional Use Permit provisions of Section 18.58.060.

(Ord. 0-15-07 § 14, 2007: Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

(Ord. No. § 6, 3-4-2014)

A.

Wind Loads. All Communication Towers and Communication Antennas Shall, at a minimum, be designed and constructed so as to withstand a wind speed of seventy mph for those towers and Antennas with heights of fifteen feet or less or one hundred mph for those towers and Antennas with heights in excess of fifteen feet. Existing Communication Towers and Communication Antennas Shall be modified to meet these requirements prior to the issuance of any Permit or other authorization to modify them, including, without limitation, any request to modify the height or include additional Antennas or providers.

B.

Seismic Design Requirements. Communication Towers and Communication Antennas Shall, at a minimum, be designed to comply with requirements for seismic Zone 4.

C.

Setbacks. Setbacks for Communication Towers and Communication Antennas Shall be measured from the base of the tower, Antenna or protruding Building Structure at the base of the tower, whichever is closest to the Property line, to the Property line of the Parcel on which it is located. For purposes of measuring Setbacks from residentially zoned Property, distances Shall be measured from the base of the tower, Antenna or protruding Building Structure at the base of the tower, whichever is closest to the Property line, to the Property line of the closest residentially-zoned Property. Communication Towers, Communication Antennas and their Accessory Structures Shall comply with the minimum Setback requirements of the zoning District in which they are located or the Setback requirements established in this chapter, whichever is stricter.

D.

Separation of Communication Towers From Off-Site Uses.

1.

The separation distances for Communication Towers Shall be measured from the base of the tower to the closest point of the Off-Site Use Designated in this section.

E.

Separation Distances Between Communication Towers.

1.

Separation distances between Communication Towers Shall be applicable to and measured between the proposed tower and those Communication Towers that were not existing and/or had not received land Use and Building Permit Approval from the City prior to April 30, 1998.

2.

The separation distances Shall be measured by drawing or Following a straight line between the base of the existing Communication Tower and the base of the proposed Communication Tower as shown on a Site Plan for the proposed tower.

3.

No tower Shall be located within three hundred feet of another tower.

F.

Fencing. A Wall or a wrought iron Fence covered on all sides with tennis screen Material and not less than eight feet in height from finished Grade Shall be provided around each Communication Tower, except those installed on rooftops or Utility Structures. Access to the Communication Tower Shall be through a locked Gate.

G.

Screening and Landscaping. Landscaping, Screening and buffering Shall be required around the perimeter of Communication Towers, Communication Antennas and their ancillary Structures to the satisfaction of the Planning Commission. Support Structures Shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with the surroundings. Further, the Use of existing vegetation Shall be preserved to the maximum extent practicable, and May be Used to meet the Landscaping requirements.

H.

Height.

1.

No freestanding Communication Tower or Communication Antenna Shall exceed eighty-five feet in height from ground level.

2.

Where installed on top of a Building, no Communication Tower or Communication Antenna Shall extend greater than forty percent over the Building Height.

3.

An existing Communication Tower May be modified to a taller height, not to exceed twenty feet over the tower's existing height, in order to accommodate the collocation of additional Communication Antenna(s). The height change referred to in this subsection May only occur one time per Communication Tower. The additional height referred to in this subsection Shall not require an additional distance separation, so the Communication Tower's pre-modification height Shall be Used to calculate required distance separations.

4.

The height of support Structures Must be the minimum necessary to provide the required coverage.

5.

Notwithstanding anything to the contrary in this section, no Communication Tower or Communication Antenna Shall exceed any other height restriction imposed by Federal, state or Local Laws, rules, regulations or Approvals, including those imposed by land Use plans or Approvals applicable to the area in which the tower or Antenna will be located.

I.

Type of Construction. Communication Towers Shall be Monopole construction; provided, however, that guyed construction May be Approved by the Planning Commission upon consideration of the Following factors:

1.

Compatibility with adjacent Properties;

2.

Architectural consistency with adjacent Properties; and

3.

Visual impact on adjacent Properties, including visual Access of adjacent Properties to sunlight.

J.

Development Criteria. Communication Towers and Communication Antennas Shall be constructed on Lots that comply with the minimum Development criteria of the zoning District in which they are located, including minimum Lot size and Open Space criteria.

K.

Illumination. Communication Towers and Communication Antennas Shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. In cases where there are residential Uses within a distance of three hundred feet from the height of the tower, Approval for dual lighting Shall be requested and received from the Federal Aviation Administration prior to construction.

L.

Collocation.

1.

Communication Towers between forty-five feet and sixty-five feet in height Shall be engineered and constructed to accommodate a minimum of one additional Communication Service provider.

2.

Communication Towers of forty-five feet or less in height Shall be engineered and constructed to accommodate a minimum of two additional Communication Service providers.

3.

Proposed Communication Antennas are encouraged to be collocated onto existing Communication Towers.

4.

If it is determined that the proposed Communication Tower is situated in a location which will benefit the City's Telecommunication Systems, then the tower Shall be engineered and constructed to accommodate the additional telecommunication Equipment beneficial to the public system at a cost to the City no greater than the actual additional expense of the provider in so engineering and constructing the tower to meet the City's needs.

M.

Noninterference. No Communication Tower or Communication Antenna Shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety systems and/or public safety entities.

N.

Variances. Any request to deviate from any of the requirements of this section Shall require major Variance Approval.

O.

Documentation. Documentation to demonstrate conformance with the requirements of this section Shall be submitted by the Applicant with all requests to construct, locate or modify a Communication Tower or Communication Antenna.

P.

Signs and Advertising. The Use of any portion of a Communication Tower or Communication Antenna for Signs or other advertising purposes, including, without limitation, a company name, Banners or streamers is prohibited. However, nothing contained in this section Shall preclude the Use and design of a freestanding tower Stealthed to resemble a freestanding Sign.

Q.

Abandonment. In the event the Use of any Communication Tower has been discontinued for a period of one hundred eighty consecutive calendar Days, the tower Shall be deemed to have been Abandoned. Upon such abandonment, the Owner or Operator of the Communication Tower Shall have an additional one hundred eighty consecutive calendar Days within which to: (1) reactivate the Use of the tower or transfer the tower to another Owner or Operator who Shall make actual Use of the tower; or (2) dismantle and remove the tower. At the earlier of one hundred eighty-one consecutive calendar Days from the date of abandonment without reactivation or completion of dismantling and removal, any Variance Approval and other Approvals for the Communication Tower Shall automatically expire.

R.

No Creation of Nonconforming Situations. A proposed Communication Tower or Communication Antenna Shall not create any Nonconforming situations to the site, such as a reduction in parking, Landscaping or Loading Zones, or an elimination of Loading Zones.

S.

Undergrounding of Utilities. All utilities associated with a Communication Tower or Communication Antenna Shall be underground.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

In Addition to any other submittal requirements required by Law, Applications for Communication Towers or Communication Antennas Must contain the Following information:

A.

A master plan of all of the Applicant's existing and proposed Communication Tower and Communication Antenna sites within the City. The master plan Shall be reviewed and Approved by the Community Development Director in accordance with Written criteria established for such review by the Department.

B.

Verification that the proposed Communication Tower or Communication Antenna complies with the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE). Such verification May be made by providing a Copy of a valid Federal Communications Commission (FCC) license agreement for staff review.

C.

Verification of compliance with the Federal Aviation Administration (FAA).

D.

At the time of submittal of a Development plan or Application, information indicating the type of communication Facility, its height above ground level and its cell coverage.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

If any provisions of this chapter or the Application thereof to any Person or circumstances is held invalid, the invalidity Shall not affect other provisions or Applications of this chapter which can be given effect without the invalid provision or Application, and to this end the provisions of this chapter are declared severable.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)