The purpose of this chapter is to establish use and development regulations for wireless telecommunications facilities to assure compatible and harmonious land use within Farr West City to the extent permitted by the telecommunications act of 1996, as amended. (Ord. 04-02 § 1)

The requirements of this chapter shall apply to wireless telecommunications facilities such as "cellular" or "PCS" (personal communications system) communications and paging systems.

   A.   Facility Types: The following types of wireless telecommunications facilities shall be governed by this chapter:

      1.   Flush mounted and nonflush mounted wall antennas;

      2.   Hidden antennas;

      3.   Lattice towers;

      4.   Monopoles;

      5.   Roof mounted antennas;

      6.   Stealth design antennas; and

      7.   Whip antennas.

   B.   Other Laws: The requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this code, or other laws, including pertinent regulations of the federal communications commission and the federal aviation administration. (Ord. 04-02 § 1)

   ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures electromagnetic signals.

   ANTENNA, FLUSH MOUNTED: One or more antennas mounted on a wall surface or a structure mounted on a wall surface where the entire antenna or structure does not extend more than one foot (1') horizontally from the wall surface.

   ANTENNA, HIDDEN: An antenna mounted within an existing structure so as to not be visible from outside the structure.

   ANTENNA, MONOPOLE: One or more antennas mounted on a monopole, which serve as the antennas' sole source of support. See also definition of Monopole.

   ANTENNA, NONFLUSH MOUNTED: One or more antennas mounted on a wall surface or a structure mounted on a wall surface where the entire antenna and structure extend more than one foot (1') but not more than six feet (6'), horizontally from the wall surface.

   ANTENNA, ROOF MOUNTED: One or more antennas mounted on a roof, mechanical room, or penthouse of a building.

   ANTENNA, STEALTH DESIGN: An antenna and/or antenna mounting system designed to be virtually unseen as the result of color schemes, screening, and/or disguising.

   ANTENNA, WALL MOUNTED: One or more flush mounted or nonflush mounted antennas attached to the vertical wall of a building.

   ANTENNA, WHIP: A directional or omnidirectional antenna that is cylindrical in shape and which may vary in size depending upon the frequency and gain for which it is designed.

   LATTICE TOWER: A self-supporting multiple sided, open steel frame structure used to support telecommunications equipment.

   LOW POWER RADIO SERVICES: See definition of Wireless Telecommunications Facility.

   MONOPOLE: A single cylindrical steel or wooden pole that acts as the support structure for one or more antennas.

   ROOFLINE: The highest point on any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) and the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building.

   WIRELESS TELECOMMUNICATIONS FACILITY: An unmanned structure consisting of antennas, antenna support structures, or other equipment used to provide personal wireless services as set forth in section 704 of the telecommunications act of 1996, as amended. (Ord. 04-02 § 1)

Each person or company desiring to locate a low power telecommunications facility within the city shall submit a "site location master plan". This plan shall be submitted and accepted by the city council prior to approving any site plan or conditional use permit. The plan shall identify existing locations of facilities, and the approximate proposed locations of new facilities to provide service within city boundaries and surrounding areas for the ten (10) years following the date of the plan submitted. (Ord. 04-02 § 1)

A wireless telecommunications facility that conforms to the development standards of section 17.50.060 of this chapter shall be a permitted use in C-2 commercial and M-1 manufacturing zones only. A separate application shall be required for each proposed facility. (Ord. 04-02 § 1)

The developmental standards set forth in this section shall apply to a wireless telecommunications facility established as a permitted use. The standards in each subsection are not mutually exclusive; thus the requirements of more than one subsection may apply in any given case.

   A.   General Requirements: The following development standards shall be applicable to all facilities regardless of the facility type or zone within which the facility is proposed to be located:

      1.   The proposed facility shall be located on an approved structure and/or site in conformance with this code. If a proposed facility site does not conform to this code, the carrier shall submit and have approved by the city planning commission a plan to bring the structure and/or site into conformance with the code prior to completion and operation of the proposed facility. This plan shall be submitted with a permitted use application.

      2.   Applicants for a telecommunications facility permit shall collocate their facilities on existing facility towers, unless it can be shown, by a preponderance of evidence, that all existing towers are inadequate to serve the applicants' reasonable needs due to location, height or other significant reason, and shall pay a reasonable compensation to the owner of the existing tower to fairly share past and future costs.

      3.   Telecommunication facility towers shall be located, designed, and constructed to be as unobtrusive and few in number as possible. They shall be subject to any requirements that minimize the impact on surrounding properties and the city. No telecommunication facility shall exceed sixty feet (60') in height from the finished grade of the ground to the highest point on the structure.

      4.   Each application for a permitted use to construct a telecommunication facility and tower shall be certified by a licensed professional engineer that the design of the facility meets all applicable standards of the facility including, but not limited to, electrical safety, material and design integrity, wind and seismic safety. The professional engineer shall certify that the tower meets the acceptable design criteria or standards to withstand one hundred (100) mile per hour winds.

      5.   Any associated mechanical or electrical equipment shall be completely screened from view, from public rights of way, on site parking areas and adjacent properties, with a fence and/or landscaping.

      6.   The proposed facility, including associated mechanical and electrical equipment, shall not be located within a public right of way.

      7.   The proposed facility shall conform to the requirements of this title, this code, and other laws, including pertinent regulations of the federal communications commission and the federal aviation administration.

      8.   Copies of required permits from pertinent federal agencies establishing compliance with applicable federal regulations shall be filed with the city prior to the issuance of a permit for a proposed facility.

      9.   The proposed facility shall conform to the applicable development standards set forth in this section.

   B.   Stealth Design Antennas: The following provisions shall apply to stealth design antennas. The intent of this subsection is to allow creativity in designing a proposed facility so that it will have essentially no visual impact.

      1.   Stealth designs may include, but are not limited to, use of the following:

         a.   Screening, structure, and/or antenna design which blend with the architecture of the existing structure upon which the antenna will be mounted;

         b.   Screening, structure, antenna and/or location design which blend with and/or take advantage of existing vegetation and/or features of site; and

         c.   Color schemes that make an antenna less noticeable.

      2.   The city shall have sole authority to determine whether or not a proposed facility design will have essentially no visual impact.

   C.   Roof Mounted Antennas: The following provisions shall apply to roof mounted antennas:

      1.   Roof mounted antennas shall be permitted on flat roofs and shall be screened, constructed and/or colored to match the structure to which they are attached.

      2.   Roof mounted antennas shall be permitted on pitched roof structures only if determined to be a stealth design as set forth in this section.

      3.   Roof mounted antennas shall be permitted on top of existing penthouses or mechanical equipment rooms provided the following requirements are met:

         a.   The antennas and antenna support structures are enclosed by a structure that creates a visual screen that is architecturally compatible with the building.

         b.   The screening structure, antennas and antenna mounting structures do not extend more than eight feet (8') above the existing roofline of a penthouse or mechanical equipment room.

      4.   Roof mounted antennas not mounted on a penthouse or mechanical equipment room shall be allowed as follows:

         a.   On buildings without parapet walls, antennas shall be mounted a minimum of five feet (5') from the exterior wall of a building.

            (1)   Antennas mounted between five (5) and ten feet (10') from an exterior wall shall have a maximum height directly proportional to the distance the antenna is set back from the exterior wall, up to a maximum height of ten feet (10') above the roofline of the building to which the antenna is attached.

            (2)   Regardless of setback from exterior walls, antennas shall not exceed a maximum height of ten feet (10') above the roofline of the building.

         b.   On buildings with parapet walls, antennas shall be mounted at least five feet (5') behind the parapet wall.

            (1)   For antennas mounted between five (5) and ten feet (10') behind a parapet wall, the maximum height of the antenna shall be directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet (10') as measured from the top of the parapet wall.

            (2)   Regardless of setback from parapet walls, no antenna shall extend more than fifteen feet (15') above the roofline of the building itself unless approved pursuant to a conditional use permit.

   D.   Wall Mounted Antennas: The following provisions shall apply to flush mounted and nonflush mounted wall antennas:

      1.   Wall mounted antennas shall not:

         a.   Extend above the wall line of the building; and

         b.   Extend more than one foot (1') horizontally from the wall surface.

      2.   Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure of the background against which they are most commonly seen.

      3.   Antennas and the supporting structures on buildings shall be architecturally compatible with the building.

      4.   Whip antennas shall not be allowed on a wall mounted antenna structure.

      5.   Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roof or parapet line of such structures, shall be considered wall mounted antennas.

      6.   The maximum number of carriers per building shall be as follows:

         a.   In commercial and manufacturing zones: One carrier for the front side of each building and no more than two (2) per side on all other sides of the building.

      7.   The total antenna area per carrier shall be as follows:

         a.   In commercial and manufacturing zones: Each carrier's total combined area allowed for wall mounted antennas and supporting structures shall not exceed forty (40) square feet for each exterior wall of a building or a total of one hundred (100) square feet per building. The total area is the sum of the area of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

   E.   Monopoles With Antennas And Antenna Support Structures: The following provisions shall apply to monopoles with antennas and antenna support structures:

      1.   The location of a monopole shall be as follows:

         a.   A monopole may be located in public facilities, commercial, or manufacturing zones so long as it is not within a required yard, landscaping, buffering, or parking area.

         b.   A monopole shall be set back as follows:

            (1)   A minimum of two feet (2') for every foot of pole height from the closest line of any property in an adjacent residential zone.

            (2)   In addition to the minimum setbacks required by the zone and other locational restrictions of this subsection E, a monopole shall be set back from all public rights of way the greater of one hundred feet (100') or one foot (1') for every one foot (1') of monopole height, as set forth in this subsection E.

            (3)   A monopole shall not be located within five hundred (500) linear feet from another monopole.

      2.   The height of a monopole shall be as follows:

         a.   The maximum height of a monopole with antennas and antenna support structures shall be sixty feet (60').

         b.   Height shall be measured from the average finished grade at the base of the monopole to the top of the highest portion of the facility.

      3.   The maximum visible area of antennas and antenna support structures on the monopole shall not exceed ten feet (10') in height or fifteen feet (15') in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structures.

      4.   A monopole shall be fenced for security purposes as required in this section.

      5.   There shall be no climbing pegs located on the lower twenty feet (20') of any monopole.

      6.   Antennas may be collocated on a single monopole subject to the development standards of this section.

   F.   Accessory Buildings And Equipment: Accessory buildings and equipment shall conform to required setback, height, and landscaping requirements of the zone in which they are located. Accessory equipment not located within an accessory building shall be fenced.

   G.   Fencing: A monopole, accessory equipment, and other apparatus associated with antennas and antenna support structures, shall be enclosed with a six foot (6') high vinyl coated chainlink fence unless located within the building.

   H.   Undergrounding Of Lines: All communication and power lines to or between any accessory building, accessory equipment, and antenna structures shall be located underground.

   I.   Facilities Located In Public Facility, Commercial, And Manufacturing Zones: The facilities set forth below shall be permitted uses in public facility, commercial, and manufacturing zones so long as they meet the requirements of this subsection I and are not located on otherwise undeveloped property:

      1.   Hidden antenna;

      2.   Stealth design antenna;

      3.   Flush mounted wall antenna;

      4.   Roof mounted antenna that is:

         a.   Completely enclosed from view within an architecturally compatible screen; and

         b.   Set back at least ten feet (10') from exterior walls of a building on nonparapet wall buildings, or ten feet (10') from a parapet wall on parapet wall buildings; and

      5.   Monopole so long as:

         a.   An application is for a second carrier to collocate on an existing monopole previously approved by a conditional use permit; and

         b.   The height of an existing monopole will be not increased by more than twenty feet (20'). (Ord. 04-02 § 1)

A wireless telecommunication facility that does not conform to the development standards of section 17.50.060 of this chapter may be established in any public facility, commercial, or manufacturing zone subject to the issuance of a conditional use permit pursuant to the development standards of section 17.50.080 of this chapter. Each facility shall require a separate conditional use permit. (Ord. 04-02 § 1)

The developmental standards of section 17.50.060 of this chapter shall apply to a wireless telecommunication facility established as a conditional use except as otherwise modified by this section.

   A.   Antennas And Mounting Structures On Or Over Public Rights Of Way: Antennas and mounting structures shall not encroach on or over the public sidewalk or on or over public rights of way unless:

      1.   The facility is approved by conditional use permit on existing structures located in the right of way;

      2.   Associated mechanical and electrical equipment is not located in the public right of way;

      3.   The facility is virtually hidden from view;

      4.   The existing structure is proven structurally sound to support the proposed facility; and

      5.   The carrier signs an agreement with the city which includes provisions that:

         a.   Hold the city harmless from any liability claims as a result of the facility;

         b.   Require the carrier to provide, prior to permit issuance, proof to the city that the carrier has acquired sufficient liability insurance as may be required by the city; and

         c.   Name the city as cobeneficiary of the insurance policy.

   B.   Fencing And Screening Requirements: Specific fencing and screening plans for each facility shall be submitted to the city in conjunction with a conditional use permit application. Higher grade fencing, more aesthetic fence designs, and landscaping may be required for the purposes of visual screening, and other impact mitigation. See subsection 17.46.080C of this title.

   C.   Monopoles:

      1.   The height of an existing monopole located in a public facility, commercial, or manufacturing zone may be increased if approved by a conditional use permit. No monopole with antennas and antenna support structures shall exceed a height of one hundred feet (100').

      2.   A monopole may be located within five hundred (500) linear feet from another monopole if approved by a conditional use permit.

      3.   The maximum height of a monopole with antennas and antenna support structures may be increased if approved by a conditional use permit for collocation of a second carrier on an existing monopole. In the event collocation for the second carrier is terminated, the original carrier shall reduce the height within thirty (30) days from the date the second carrier files with the FCC a "notice of abandon" of the facility. The city shall receive a copy of the "notice of abandon" filed with the FCC.

   D.   Nonflush Mounted Wall Antennas: A nonflush mounted wall antenna may extend more than six feet (6') horizontally from the wall surface if approved by a conditional use permit.

   E.   Additional Conditional Use Factors: In addition to conditional use standards outlined in chapter 17.48 of this title, the following factors shall be considered in evaluating an application for a conditional use permit:

      1.   Compatibility of the proposed structure with the height and mass of existing buildings and utility structure;

      2.   For new sites, whether location of the antenna on other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, athletic field lights, etc., is possible without significantly impacting antenna transmission or reception;

      3.   Antenna location in relation to existing vegetation, topography, and buildings to obtain the best visual screening; and

      4.   Whether spacing between monopoles creates quantifiable detrimental impacts to adjoining properties.

      5.   If practical difficulties are demonstrated by the applicant or upon detailed demonstration by the applicant that a proposed facility can be effectively screened from view or nearby sensitive land uses, the planning commission may reduce a required setback from an adjacent residential zone provided that no monopole shall be closer than one and one-half (11/2) times the height of the monopole to any dwelling. (Ord. 2015-10: Ord. 04-02 § 1)

   A.   Letter Agreement: Prior to approval of an application for any facility, an applicant shall supply the city with a letter agreeing to the requirements and processes of this section. The letter agreement shall state that if technology renders the facility obsolete, the facility is not maintained, the facility is abandoned, or the facility is vacated, the carrier will provide the city with a copy of a "notice of abandon" to be filed with the FCC and will remove the facility as set forth in this section.

   B.   Bonding: Prior to construction of any facility, the applicant shall provide the city with an insurance bond in the amount equivalent to the estimated cost to remove the facility and restore the site to its original condition.

   C.   Notice:

      1.   If the city determines that a facility is not maintained, is abandoned or is vacated, the city shall send the carrier notice of nonmaintenance or abandonment by certified mail.

      2.   If a facility subject to the foregoing notice requirement has not been repaired, put into use or removed within thirty (30) calendar days of the carrier's receipt of the notice, the city may send the carrier a certified notice of removal, which shall give the carrier thirty (30) calendar days from the receipt of the notice to remove the facility as set forth in this section.

   D.   Removal Requirement: Within thirty (30) calendar days following receipt of a notice to remove, a carrier shall:

      1.   Remove from the site:

         a.   All antennas, support structures, and other associated apparatus; and

         b.   The top three feet (3') of the antenna footing and other building footings; and

      2.   Restore the site to its original condition including, but not limited to, grading and revegetation as approved by the city.

   E.   Violation: In the event a facility is not removed as required, the city may use the bond and/or undertake legal action to enforce removal. (Ord. 04-02 § 1)

A lattice tower or wireless communication antenna other than those allowed under the provisions of this chapter shall be prohibited except as otherwise required by applicable state and federal law. (Ord. 04-02 § 1)