It is the intent of the City, by establishing wireless communications standards, to ensure the quality and appearance of such infrastructure, including the placement and location of facilities; new construction of, and modification of, existing commercial and/or personal wireless service facilities that would ensure quality construction and compatible placement of facilities; and the appearance of new or improved developments coinciding with the Evans Comprehensive Plan, and this Title of the Municipal Code. The City additionally intends to encourage collocation of wireless communications facilities to minimize the number of wireless communications facilities, however, does not encourage the collocation of a large number of collocated towers in the same area.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Alternative tower structure means any man-made trees, clock towers, bell steeples, light poles, water towers, farm silos, or similar alternative design mounting structures that conceal, where technically feasible, the presence of WCFs to make them architecturally compatible with the surrounding area pursuant to this chapter. A stand-alone pole in the right-of-way that accommodates small cell facilities is considered an alternative tower structure, provided it meets the concealment standards of this chapter. Alternative tower structures are not considered towers, for the purposes of this chapter.

B.

Antenna means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devised and configurations.

C.

Antennas, panel means an array of antennas, rectangular in shape, used to transmit and receive telecommunication signals.

D.

Antenna, whip means a single antenna that is cylindrical in shape and omni-directional.

E.

Base station means a structure or equipment, other than a tower, at a fixed location, that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes:

1.

Equipment associated with wireless communications services such as private broadcast and public safety services, as well as unlicensed wireless services, and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the City under this chapter, has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

2.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks) that, at the time the relevant application is filed with the City under this section, has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

F.

Building roof or wall mounted telecommunications facility means a telecommunication facility where antennas are mounted either on the roof or face of a legally existing building other than a building or structure accessory to a telecommunications facility. Facilities within this category may include micro-cell or repeater facilities.

G.

Camouflage or camouflage design techniques means measures used in the design and siting of wireless communication facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, while still appearing to some extent as a WCF. This definition does not include the use of concealment design elements so that a facility looks like something other than a wireless tower or base station.

H.

Concealment means utilization of elements of stealth design in a facility so that the facility looks like something other than a wireless tower or base station. Language such as "stealth," "camouflage," or similar in any permit or other document required by the City Code, is included in this definition to the extent such permit or other document reflects an intent at the time of approval, to condition the site's approval on a design that looks like something else. Concealment can further include a design which mimics, and is consistent with, nearby natural, or architectural features (such as an artificial tree), or is incorporated into (including without limitation, being attached to the exterior of such facility and painted to match it) or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not apparent. This definition does not include conditions that merely minimize visual impact but do not incorporate concealment design elements so that the facility looks like something other than a wireless tower or base station.

I.

Collocation means:

1.

For the purposes of eligible facilities requests, the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and /or receiving radio frequency signals for communications purposes.

2.

For the purposes of facilities subject to shot clocks governed by 47 U.S.C. Sec. 332, attachment of facilities to existing structures, regardless of whether the structure or location has previously been zoned for wireless facilities.

J.

Eligible facility request means any request for the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving:

1.

The collocation of new transmission equipment;

2.

The removal of transmission equipment; or

3.

The replacement of transmission equipment.

K.

Eligible support structure means any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City under this chapter.

L.

Equipment cabinet means a cabinet or building used to house equipment used by telecommunication providers at a wireless communications facility. This definition does not include relatively small electronic components, such as remote radio units, radio transceivers, amplifiers, or other devices mounted behind antennas, if they are not used as physical containers for smaller, distinct devices.

M.

Existing means, for purposes of this section, a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time of an eligible facilities request, provided that a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition.

N.

FCC means the Federal Communications Commission or any successor agency.

O.

Freestanding WCF means a facility that consists of a stand-alone support structure, antennae, and any related accessory equipment.

P.

Licensee means any person who holds a master license agreement or site plan permit to site, install, construct, collocate, modify, maintain, and operate a wireless communications facility in the public right-of-way.

Q.

Master license agreement means an agreement entered into between an applicant and the City which governs all of the applicant's installation, construction, and maintenance of small cell wireless communications facilities in the public right-of-way.

R.

Micro-cell facility means a telecommunications facility used to provide increased capacity in areas of high service demand or to improve coverage in areas of weak coverage.

S.

OTARD (over the air receiving device) means:

1.

An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter; or

2.

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter or diagonal measurement; or

3.

An antenna that is designed to receive television broadcast signals.

T.

Related accessory equipment means the transmission equipment customarily used with, and incidental to, wireless communication facilities antennas, including, by way of example, coaxial or fiber-optic cable, regular and backup power supply and remote radio units.

U.

Right-of-way means, in the context of this chapter, any public street or road that is dedicated to public use for vehicular traffic except for those rights-of-way owned by the Colorado Department of Transportation within the city limits.

V.

Small cell facility means a WCF where each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch.

W.

Substantial change means a modification substantially changes the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria:

1.

For towers, it increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna;

2.

For towers, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

3.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, as determined on a case-by-case basis based on the location of the eligible support structure but not to exceed four (4) cabinets per application; or for base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

4.

For any eligible support structure, it entails any excavation or deployment outside the current Site;

5.

For any eligible support structure, it would defeat the concealment elements of the eligible support structure by causing a reasonable person to view the structure's intended stealth design as no longer effective;

6.

For any eligible support structure, it does not comply with record evidence of conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs 1, 2, and 3 of this definition.

X.

Tower means any structure built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, without limitation, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes radio and television transmission towers, self-supporting lattice towers, guy towers, monopoles, microwave towers, common carrier towers, cellular telephone towers and the like. Alternative tower structures and small cell facilities in the rights-of-way are not towers.

Y.

Transmission equipment means equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Z.

Wireless communications facility or WCF means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an antenna or antennas, including without limitation, directions, omni-directions and parabolic antennas, base stations, support equipment, small cell facilities, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this chapter.

(Ord. 804-23, § 2(Exh. A), 2023)

The standards in this section apply to all WCFs. The applicant shall demonstrate to the City, in writing, that it meets all applicable standards and provisions of the Code.

A.

No WCF owner or operator shall exclude a competitor from using the same facility or location, except when collocation is not feasible or the City approves an alternate design. Upon request by the City, the owner or operator shall provide evidence why collocation is not feasible.

B.

If a telecommunication competitor attempts to collocate a WCF on an existing or approved WCF or location, and the parties cannot reach agreement, the City may require a third-party technical study, at the expense of either or both parties, to determine the feasibility of collocation.

C.

WCF owners or operators shall comply at all times with the current Federal Communications Commission standards for cumulative field measurements of radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the City, the City may require that the owner or operator of the WCF provide information demonstrating compliance. If such information is not sufficient, in the reasonable discretion of the City, to demonstrate compliance, the City may require, and the owner or operator of the WCF shall submit, a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the City finds that the facility does not meet federal standards, the City may require corrective action within a reasonable period of time, and, if not corrected, may require removal of the WCF. Any reasonable costs incurred by the City, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the applicant.

D.

All WCFs shall be designed and sited so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall provide a written statement ("signal interference letter") from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems.

E.

If the WCF ceases operating for six (6) consecutive months, the facility owner or operator shall remove it within ninety (90) days. If the facility is not removed in that time, the City may notify the owner, by certified mail, or, in the case of a small cell facility, via the notification procedures outlined in the MLA, to remove the facility or the City will remove it at the owner's expense.

F.

Except for eligible facilities requests, any modifications to approved facilities shall be submitted to the Community Development Department at least thirty (30) days prior to any modification to increase the wind or weight loading capacity, height or footprint of a tower, and the Director may request copies of plans depicting such modification and other evidence necessary to demonstrate that such modifications are in compliance.

G.

To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable building and safety codes. If upon inspection, the City determines that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the City may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the City may remove such WCF at the owner's expense. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.

H.

Noise. Noise generated on the site must not exceed the levels permitted by the Colorado Revised Statutes or the provisions of the Evans Municipal Code. Any WCF owner or operator shall be permitted to exceed noise standards for a reasonable period of time during repairs subject to prior approval of the Community Development Director.

(Ord. 804-23, § 2(Exh. A), 2023)

The requirements set forth in this section shall apply to the location and design of all WCFs governed by this section as specified below; provided, however, that the City may waive any one or more of these requirements it if determines that the goals of this Section are better served thereby.

A.

Compatibility. WCFs shall be designed and located to minimize the impact on surrounding properties and residential neighborhoods and to maintain the character and appearance of the City, consistent with other provisions of this Code.

B.

Camouflage/concealment. All WCFs and any related accessory equipment shall, to the maximum extent possible, use concealment design techniques, and where not possible, utilize camouflage design techniques. Camouflage design techniques include, but are not limited to, using materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF to the surrounding natural setting and built environment.

1.

Where WCFs are located in areas of high public visibility, they shall, where physically possible, be designed to be concealed, and where not possible to be concealed, to minimize the WCF profile through placement of equipment fully or partially underground, or by way of example and not limitation, behind landscape berms.

2.

A concealment design may include the use of alternative tower structures, should the City determine that such design meets the intent of this chapter, and the community is better served thereby.

3.

All WCFs, such as antennas, vaults, equipment rooms, equipment cabinets, and towers shall be constructed of non-reflective materials (visible exterior surfaces only).

C.

Siting.

1.

No portion of any WCF may extend beyond the property line.

2.

WCFs shall be required to be designed and constructed to permit the facility to accommodate WCFs from at least two (2) wireless service providers on the same WCF unless the City approves an alternative design. No WCF owner or operator shall unfairly exclude a competitor from using the same facility or site.

3.

WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below Code standards.

4.

WCFs shall not encroach into any sight triangles.

5.

Ground mounted equipment must be designed such that any ground mounted equipment must be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Community Development Director. Ground mounted equipment shall be flush-to-grade and housed in an underground equipment vault, except where technically infeasible. Ground-based equipment may be located within the rights-of-way on a case-by-case basis, accounting for impacts of such equipment within the right-of-way on the public health, safety, and welfare

6.

Except for small cell facilities, equipment mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antenna may also be located within the building on which the antenna is mounted, subject to generally accepted engineering practices. Equipment, buildings, antennas, and related accessory equipment shall occupy no more than twenty-five percent (25%) of the total roof area of a building

D.

Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.

E.

Setbacks. Towers and ATS not in the right-of-way shall meet the greater of the following minimum setbacks from all property lines:

1.

The setback for a principal building within the applicable zone district; or

2.

One hundred ten percent (110%) of the facility height, including antennas.

F.

Compatibility.

1.

All towers or ATS shall:

a.

To the maximum extent possible, use concealment design techniques, and where not possible utilize camouflage design techniques.

b.

Comply with all applicable development standards in this Title.

2.

All ATS shall:

a.

Be designed and constructed to look like a building, facility, or structure typically found in the area, in order that the WCF is concealed.

b.

Height or size of the proposed ATS should be minimized as much as possible and shall be subject to the maximum height restrictions of the zone district in which they are located, subject to a maximum height limit of forty (40) feet;

c.

Be sited in a manner that is least obtrusive to residential structures and residential district boundaries;

d.

Take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;

e.

Be compatible with the surrounding topography, tree coverage, and foliage;

f.

ATS shall not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way.

g.

Any small cell facility attached to an electric distribution alternative tower structure may be located at the minimum height necessary to provide the safety clearance required by the electric utility.

h.

Electric metering structures and/ or meters shall not be visible from the exterior of the pole or alternative tower structure which hosts the antennas where the pole or alternative tower structure is located. This requirement may be wholly or partially waived by the Director where it is technically infeasible to place all, or part of a meter internally

G.

Tower standards.

1.

Towers shall either maintain a galvanized steel finish, or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the City.

2.

No towers shall be permitted in the right-of-way.

3.

Tower structures should use existing landforms, vegetation, and structures to aid in concealing the facility from view or blending in with the surrounding built and natural environment;

4.

No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing WCFs can accommodate the needs that the applicant proposes to address with its tower application.

5.

Unless exempted as an eligible facilities request, any transmission equipment placed on an existing tower shall not extend more than ten (10) feet above such pole.

H.

Accessory equipment standards. Except as provided for in Subsection I in this Section, related accessory equipment for WCFs shall meet the following requirements:

1.

Base stations shall be architecturally compatible with respect to attachments, and colored to match the structure to which they are attached The buildings, shelters, cabinets, and other components shall be grouped as closely as technically possible and located below grade wherever possible.

2.

Unless approved as part of a tower site, the total footprint coverage area of the applicant's related accessory equipment shall not exceed three hundred fifty (350) square feet.

3.

No related accessory equipment shall exceed fifteen (15) feet in height.

4.

Be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the related accessory equipment shall be concealed where technically feasible or otherwise camouflaged in a manner appropriate for the specific site, and shall not reduce the parking requirement and landscaped area for other principal uses on the parcel.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

A small cell facility in the right-of-way or electrical utility easement shall be exempt from any the minimum setback requirements, shall follow standards outlined in a master license agreement executed with the City.

B.

Except for OTARD facilities, a residentially-zoned parcel may only have one (1) micro-cell facility or small cell facility (SCF). A building with residential units on a non-residentially-zoned parcel may have two (2) micro-cell facilities or small cell facilities.

C.

Height. Small cell facilities that do not qualify as eligible facilities requests must, 1) be mounted on a structure that is within the maximum height restrictions of the applicable zone district, subject to a maximum height limit of fifty (40) feet including any existing antennas; or 2) be mounted on structures that are no more than ten percent (10%) taller than other adjacent structures; or 3) do not extend the height of existing structures on which the SCF is to be located to a height of more than a total of fifty (40) feet, or to a height of no more than ten percent (10%) of the original structure height, whichever is greater.

D.

Spacing and location.

1.

Priority. Small cell facility locations shall be prioritized based upon technical and radio frequency needs and construction costs but, where feasible, attachments to poles shall be in the following order of placement priority:

a.

Third-party poles under the terms of a fully executed master license agreement with the owner of such poles;

b.

City-owned poles, including street lighting poles and utility poles, in the right-of-way;

c.

New street lighting poles approved by the City for street lighting purposes;

d.

Proprietary poles of the licensee;

e.

The City's traffic signal poles.

2.

No stand-alone small cell facility shall block windows or any building entrances. To the extent feasible, poles shall be located at mid-blocks, away from intersections, except for residential districts in which case poles shall be located within fifteen (15) feet of the lot lines and not in front of residential properties. All poles shall be located so as to ensure proper sight-distance lines.

3.

The pole design, if any, in the City right-of-way shall match the color, aesthetics, spacing, and architectural characteristics of existing streetlights installed adjacent to the pole.

4.

Banner arms and luminaries are prohibited. A waiver of this prohibition may be granted upon a showing that an alternative design is technically infeasible.

5.

Small cell facilities and related accessory equipment shall not be installed within the dripline of any tree.

6.

Pole caissons shall be circular in nature and designed to minimize impact of adjacent and future utilities. All designs must be stamped and signed by a registered professional engineer in the State of Colorado.

7.

Ground level equipment and buildings and the tower base shall be screened. The maximum floor area is three hundred fifty (350) square feet, and the maximum height is twelve (12) feet per carrier.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Standards for building wall or roof mounted WCFs. Except as provided for in Subsection I in building wall or roof mounted telecommunications facilities must comply with the following:

1.

A building wall mounted WCF may encroach into a setback a maximum of two and one-half (2½) feet.

2.

A building roof mounted WCF, including antennas, shall not exceed the maximum structure height within the applicable zone district, with the following exceptions for facilities on existing buildings exceeding or within five (5) feet of the height limit.

a.

Whip antennas shall extend no more than ten (10) feet above the parapet of any roof or the structure to which they are mounted.

b.

Panel antennas shall extend no more than five (5) feet above the parapet of the roof to which they are mounted.

c.

Related accessory equipment shall extend no more than five (5) feet above any parapet of the roof to which they are mounted.

B.

A building wall mounted WCF shall adhere to the following design standards to minimize impacts:

1.

Design materials, colors and location of the facility shall be compatible with the building and wall it is mounted on, and minimize adverse visual impacts.

2.

Mounting of antennas shall be as flush to the building wall as technically possible and shall not extend above the roof line of the building.

3.

Maximum area of panel antennas per building face shall not exceed twenty (20) square feet per facility or an aggregate total of sixty (60) square feet for all facilities.

C.

A building roof mounted WCF shall adhere to the following design standards to minimize impacts:

1.

Design, materials, colors and location of the facility shall be compatible with the building it is mounted on, and minimize adverse visual impacts.

2.

Antennas, support structures, related accessory equipment and all other roof-mounted appurtenances shall not exceed an aggregate total of twenty-five (25) percent of the building roof area.

3.

Only one (1) roof-mounted WCF may extend more than ten (10) feet above the existing building or structure.

D.

The WCF shall be mounted on a building wall if feasible, otherwise it may be mounted on the roof.

E.

Related accessory equipment for a building wall or roof-mounted WCF shall meet the following requirements:

1.

The buildings, shelters, cabinets, and other components shall be grouped as closely as technically possible.

2.

Total footprint coverage area of the applicant's related accessory equipment shall not exceed three hundred fifty (350) square feet, except where are larger footprint coverage area is approved as part of a tower site.

3.

No structure shall exceed fifteen (15) feet in height.

4.

Design, materials and colors shall be compatible with structures and vegetation on the same parcel and adjacent parcels, and shall not reduce the parking requirements and landscaped area for other principal uses on the parcel.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability and interaction with Telecommunications Act 47 U.S.C. Section 332(c)(7). If the City determines that the applicant is not requesting accessory wireless communication equipment covered by Section 18.02.030.O or is making an eligible facility request for modification of an existing WCF, the request shall be processed as follows:

1.

If the WCF includes a tower over forty (40) feet in height, the request shall be processed as a special use permit in accordance with Section 18.03.080 of this Title and meet or exceed the standards of this Chapter.

2.

If the WCF includes a tower up to forty (40) feet in height or does not include a tower, the request shall be processed as a telecommunication facility permit, the request shall be processed in accordance with this Section and meet or exceed the standards of this Chapter.

B.

Procedure timeline. The presumptively reasonable timeframe under Section 332(c)(7), as set forth in applicable federal and state law will begin to run from submittal of the required information under the applicable provision of this Code. The timeframe for review resets to zero (0) when the applicant makes a supplemental written submission in response to the City's notice of incompleteness.

C.

Decision. Any decision to approve, approve with conditions, or deny an application requesting to place, construct or modify WCFs shall be in writing and supported by substantial evidence contained in a written record.

D.

Application requirements for WCF permit.

1.

A site plan submitted to the Community Development Department that contains the relative shape, size and location of all existing and proposed transmission equipment, guy wires anchors, if any, warning signs, fencing and access restrictions.

2.

A report signed by a licensed professional engineer demonstrating compliance with applicable structural standards and the general structural capacity of the proposed facility.

3.

The number, type and size of antenna that can be accommodated.

4.

A report that includes the following, if applicable:

a.

A description of any proposed WCF including height above grade, materials and color.

b.

A landscaping and/or visual mitigation plan (to scale) acceptable to the Director, detailing how screening from the public view will be accomplished, including cross sectional views, as appropriate.

c.

An erosion control and revegetation plan, if applicable to the site.

5.

Each permit application shall be accompanied at the time of filing by a fee as established by City Council by resolution.

E.

Eligible facility request.

1.

The applicant shall provide the information necessary for the City to consider whether the facility modification would result in a substantial change to the physical dimensions of the site or violate a generally applicable law, regulation, or other rule reasonably related to public health and safety. The application may not require an applicant to demonstrate a need or business case for the proposed modification or collocation.

2.

If the City fails to approve or deny an eligible facility request within fourteen (14) days, the request shall be deemed granted; provided that this approval shall become effective only upon the City's receipt of written notification from the applicant after the review period has expired indicating that the application has been deemed granted.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Nonconformity.

1.

All property within existing developments on the effective date of this Chapter which is not in compliance with the provisions of this Chapter shall be considered legal nonconforming for the purposes of this Chapter.

2.

Unless qualified as an eligible facilities request, WCFs cannot be installed on nonconforming structures or buildings.

B.

Compliance with applicable law. Notwithstanding the approval of an application for collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in the City Code, and any other applicable regulations. In addition, all WCF applications shall comply with the following:

1.

Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

2.

Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property;

3.

Be maintained in good working condition and to the standards established at the time of application approval or as otherwise required by applicable law; and

4.

Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) days from the time of notification by the City or after discovery by the owner or operator of the site.

(Ord. 804-23, § 2(Exh. A), 2023)