The purpose of this chapter is to establish general requirements for the siting of wireless telecommunications facilities. The intent of this chapter is to:

1. Encourage the location of facilities in nonresidential areas;
2. Minimize the total number of monopole facilities throughout the community;
3. Encourage the joint use of new and existing communication sites;
4. Encourage providers of facilities to locate them where the adverse impact on the community is minimal;
5. Encourage providers of facilities to use innovative design to minimize adverse visual impact;
6. Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.

(Ord. 1394 § 1 (part), 1997)

As used in this chapter:

"Antenna" means a transmitting or receiving device used in telecommunications that radiates or captures radio signals.

"Lattice tower" means a self-supporting multiple sided, open steel frame structure used to support telecommunications equipment.

"Monopole facility" means an antenna or series of individual antennas mounted on a single cylindrical pole. Also includes associated equipment. For the purposes of this chapter, if a facility does not fit the definition of a roof or wall mounted facility it shall be considered a monopole facility.

"Roof mounted facility" means an antenna or series of individual antennas mounted on a flat or pitched roof, mechanical room or penthouse of a building or structure. Also includes associated equipment.

"Stealth facility" means a wall, roof, or monopole facility which is disguised as another object or otherwise concealed from view. Examples of stealth facilities include, but are not limited to, trees, synthetic rocks, or architectural elements such as dormers, steeples, and chimneys.

"Wall mounted facility" means an antenna or series of individual antennas mounted against the vertical wall of a building or structure. Also includes associated equipment.

"Wireless telecommunications facility" means an unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

(Ord. 1394 § 1 (part), 1997)

The requirements of this chapter apply to both commercial and private wireless telecommunications services such as "cellular" or "PCS" (personal communications services) communications and paging systems. All facilities shall comply with the following regulations and all other ordinances of the Metro Township and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration.

(Ord. 1394 § 1 (part), 1997)

A site location general plan shall be submitted by each company desiring placement of wireless telecommunication facilities. The general plan shall be submitted to the planning commission and development services division prior to processing any permits for permitted or conditional use locations. The general plan shall include inventory of existing and anticipated sites for the Metro Township and within one-half mile of the Metro Township boundary. The plan shall indicate area coverage, if known, location, antenna height above existing grade, and antenna type for each site and be updated upon request from the planning commission. Every general plan shall be considered proprietary information and not be part of the public record.

(Ord. 1473 (part), 2001: Ord. 1394 § 1 (part), 1997)

The uses specified in Table 19.83.050 are allowed provided that they comply with all requirements of this chapter.

TABLE 19.83.050

(Ord. 1394 § 1 (part), 1997)

1—Permitted use only on nonresidential buildings. 
2—Conditional use on residential buildings. 
3—Allowed only in conjunction with public or quasi-public uses (see Sections 19.04.440 and 19.04.445). 
4—Permitted use if not within 300 feet of a residential zone boundary. 
S—Stealth facilities are conditional uses and not required to be located with public or quasi-public uses. 

Wireless telecommunications facilities are characterized by the type and location of the antenna structure. There are four general types of antenna structures: wall mounted; roof mounted; monopoles; and lattice towers. Standards for the installation of each type of antenna are as follows:

1. Wall Mounted Antenna. The following provisions apply to wall mounted antennas: (see Figure 1)
   1. Wall mounted antennas shall not extend above the wall line of the building or structure or extend more than four feet horizontally from the face of the building or structure.
   2. Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structures on buildings should be architecturally compatible with the building.
   3. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures, shall be considered a wall mounted antenna.
   4. Stealth wall mounted antennas are encouraged and shall be allowed to vary from the provisions of this section as determined by development services for permitted uses and the planning commission for conditional uses. Stealth wall mounted antennas are not required to be located with public or quasi-public uses in all R-l, R-2, and R-4-8.5 zones (see Table 19.83.050).
2. Roof Mounted Antenna. The following provisions apply to roof mounted antennas: (see Figures 2 and 3)
   1. Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms provided the antennas and antenna mounting structures shall not extend more than eight feet above the existing roofline of the penthouse or mechanical equipment room.
   2. For antennas not mounted on a penthouse or mechanical equipment room and on a flat roof:
      1. Setback. The antennas shall be mounted at least five feet from the exterior wall or parapet wall of a building or structure.
      2. Height. The height shall be measured from the top of the antenna to the roofline of the building or structure, or to the top of the parapet wall if a parapet wall exists. For antennas mounted between five and fourteen feet from the exterior wall or parapet wall, the maximum height of the antenna is equal to the distance the antenna is set back from the exterior wall or parapet wall. For antennas setback more than fourteen feet the maximum height shall be fourteen feet. Antennas extending more than nineteen feet above the roofline require conditional use approval (see Figure 2).
      3. Roof-mounted antennas extending above the roofline of any penthouse or mechanical equipment room require conditional use approval.
   3. Roof mounted antennas on a pitched roof shall be allowed provided the antennas and antenna support structures do not extend higher than the peak of the roof measured by a horizontal line from the peak extending over the roof (see Figure 3).
   4. Roof mounted antennas shall be constructed and/or colored to match the surroundings in which they are located.
   5. Stealth roof mounted antennas are encouraged and shall be allowed to vary from the provisions of this section as determined by development services division for permitted uses and the planning commission for conditional uses. Stealth roof mounted antennas are not required to be located with public or quasi-public uses in all R-1, R-2, and R-4-8.5 zones (see Table 19.83.050).
3. Monopole. The following provisions apply to monopoles:
   1. The height limit for monopoles is sixty feet except the planning commission may allow a monopole up to eighty feet in the C-2, C-3, M-1, and M-2 zones if it finds: (1) that the monopole will blend in with surrounding structures, poles, or trees and is compatible with surrounding uses, (2) the monopole will be available for co-location with other companies, and (3) the monopole will be setback at least three hundred feet from any residential zone boundary. The height shall be measured from the top of the structure including antennas, to the original grade directly adjacent to the monopole.
   2. In all R-1, R-2, and R-4-8.5 zones, monopoles will only be allowed in conjunction with an existing public or quasi-public use. Public and quasi-public uses, as defined in Sections 19.04.440 and 19.04.450, include but are not limited to churches, schools, utilities, and parks.
   3. No monopoles shall be allowed in the front yard setback of any lot.
   4. Monopoles shall be setback from any residential structure a distance equal to its height.
   5. Stealth monopole facilities are encouraged and shall be allowed to vary from the provisions of this section as determined by development services division for permitted uses and the planning commission for conditional uses. Stealth monopoles are not required to be located with public or quasi-public uses in all R-1, R-2, and R-4-8.5 zones (see Table 19.83.050).
4. Lattice Tower. Lattice towers are not allowed.

(Ord. 1394 § 1 (part), 1997)

Monopoles, antennas, and any associated buildings or equipment shall be painted to blend with the surroundings which they are most commonly seen. The color shall be determined on a case-by-case basis by the planning commission for conditional uses and development services division for permitted uses. Within six months after the facility has been constructed, the planning commission or the development services division may require the color be changed if it is determined that the original color does not blend with the surroundings.

(Ord. 1394 § 1 (part), 1997)

1. Any grading for telecommunication facilities, including access roads and trenching for utilities, shall comply with the Uniform Building Code. Telecommunication facilities in the foothills and canyons shall comply with the FR zone requirements for grading (Section 19.12.100), natural vegetation (Section 19.12.110) and utilities (Section 19.12.120). Everything possible should be done to minimize disturbance of the natural environment.
2. A computer-generated visual simulation of the proposed structures is required for all sites in the foothills and canyons. The simulation shall show all structures including but not limited to monopoles, antennas, and equipment buildings.
3. Everything possible should be done to minimize disturbance of the visual environment. Site placement and color should be carefully considered to blend in with the surroundings.
4. Continuous outside lighting is prohibited unless required by the FAA for the monopole.
   

(Ord. 1394 § 1 (part), 1997)

The following shall be considered by the planning commission for conditional uses:

1. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures.
2. Location of the antenna on other existing structures in the same vicinity such as other monopoles, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc. where possible without significantly impacting antenna transmission or reception.
3. Location of the antenna in relation to existing vegetation, topography including ridge lines, and buildings to obtain the best visual screening.
4. Spacing between monopoles which creates detrimental impacts to adjoining properties.
5. Installation of, but not limited to, curb, gutter, sidewalk, landscaping, and fencing as per Sections 19.76.210 and 19.84.050.

(Ord. 1394 § 1 (part), 1997)

Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. All utility lines on the lot leading to the accessory building and antenna structure shall be underground.

(Ord. 1394 § 1 (part), 1997)

The building official may require each non-maintained or abandoned telecommunications facility to be removed from the building or premise when such a facility has not been repaired or put into use by the owner or agent within ninety calendar days after notice of non-maintenance or abandonment is given to the owner or agent. The applicant shall post a site specific bond when a permit is issued to guarantee removal of the facility and site restoration. The type of bond and amount shall be determined upon review by Planning and Development Services staff. No bond shall be required for roof or wall mounted facilities.

(Ord. 1394 § 1 (part), 1997)

A building permit from the development services division is required for all wireless telecommunication facilities including, but not limited to, monopoles, and roof and wall mounted antennas.

(Ord. 1394 § 1 (part), 1997)

The illustrations, Figures 1, 2, and 3, are intended to demonstrate graphically the intent of this chapter.

(Ord. 1394 § 1 (part), 1997)