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Gardner City Zoning Code

CHAPTER 17

11 COMMUNICATIONS FACILITIES FOR WIRELESS SERVICES

§ 17.11.010 STATEMENT OF INTENT.

The Telecommunications Act of 1996 affirmed the City’s authority concerning the placement, construction, and modification of communications facilities. The intent of this chapter is to ensure the provision of quality wireless services within the City limits; establish a fair and efficient process for the review and approval of communications facility applications; assure an integrated, comprehensive review of environmental impacts of communications facilities, and promote the public health, safety, security, and general welfare of the City.
(Ord. 2546 § 1)

§ 17.11.020 DEFINITIONS.

Accessory Facility
means a building, structure or equipment being used in conjunction with communications facilities and generally located on the same site as the communications facilities, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, storage sheds or cabinets, or similar structures.
Antenna
means communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless services.
A. 
Distributed Antenna System (DAS)
means a network that distributes radio frequency signals and consisting of:
1. 
Remote communications or antenna nodes deployed throughout a desired coverage area, each including at least one antenna for transmission and reception;
2. 
A high capacity signal transport medium that is connected to a central communications hub site; and
3. 
Radio transceivers located at the hub’s site to process or control the communications signals transmitted and received through the antennas to provide wireless or mobile service within a geographic area or structure.
B. 
Small Cell Facility
means a communications facility that meets both of the following qualifications:
1. 
Each antenna is located inside an enclosure of no more than six cubic feet in volume, or in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and
2. 
Primary equipment enclosures that are no larger than 17 cubic feet in volume, or facilities comprised of such higher limits as the FCC has excluded from review pursuant to 54 U.S.C. Section 306108. Accessory facilities may be located outside the primary equipment and, if so located, are not to be included in the calculation of equipment volume. Accessory facilities include, but are not limited to, any electric meters, concealment, telecommunications demarcation boxes, ground-based enclosures, back-up power systems, grounding equipment, power transfer switches, cut-off switches and vertical cable runs for the connection of power and other services.
C. 
Small Cell Network
means a collection of interrelated small cell facilities designed to deliver wireless service.
Base Station
means a station that includes a structure that currently supports or houses accessory facilities at a specific site that enables FCC-licensed or FCC-authorized wireless service to mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics. The term does not mean a tower or equipment associated with a tower, or any structure that, at the time the relevant application is filed with the City, does not support or house equipment described in this paragraph, for example, a building, church steeple, water tower, street light, utility pole or other non-tower structure that can be used as a support structure for antennas or transmission equipment.
Collocation
means the mounting or installation of transmission equipment on an existing tower or base station for the purpose of transmitting and/or receiving radio frequency signals for wireless service.
Communications Facility
means a structure or location that supports antennas or other transmission equipment used in wireless services, specialized mobile radio (SMR), personal communications services (PCS), commercial satellite services, microwave services, radio, television, and any commercial wireless service not licensed by the FCC. This includes, but is not limited to, towers of all types, accessory facilities, and base stations, and buildings, church steeples, water towers, signs, or other functionally equivalent structures that can be used to support antennas, transmission equipment, or accessory facilities.
Eligible Facilities Request
means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
A. 
Collocation of new transmission equipment;
B. 
Removal of transmission equipment; or
C. 
Replacement of transmission equipment.
Existing
means a constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, shall also be considered existing.
FAA
means the Federal Aviation Administration.
FCC
means the Federal Communications Commission.
Modification or Modify
means the addition, removal or change of any of the physical and noticeably visible components or aspects of a communications facility such as antenna, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any noticeably visible components, vehicular access, parking, upgrade or exchange of equipment for better or more modern equipment. Modification shall not include replacement of such components in kind. A collocation which changes the physical configuration of the existing facility or structure shall be considered a modification. The Director shall determine when changes such as enlarging the ground-mounted equipment area, increasing the screen wall height or installing additional equipment changes the physical and noticeably visible aspects of a communications facility.
Replacement
means substitution of an existing communications facility with a new facility of comparable proportions and height or such other height that would not constitute a substantial change; provided, that a replacement tower shall be located within 15 feet, as measured horizontally along the ground, of an existing tower, and the existing tower shall be removed within 30 days from the installation of the replacement tower. The Director may approve a separation greater than 15 feet. Includes any associated removal of the pre-existing communications facilities.
Site
means, for towers not located in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site; and, for other existing tower or base stations, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
Stealth or Stealth Technology
means using techniques to minimize adverse aesthetic and visual impacts of the communications facilities on adjacent properties or rights-of-way. For example, accessory facilities mounted onto a tower or structure shall not project greater than one foot, as measured horizontally, from the surface of the tower or structure and shall be painted or screened with materials that are a complementary color as the tower or structure; and cables shall not be allowed to travel along the exterior of a tower or structure. Understanding that new technologies are anticipated to change the components of communications facilities, the Director may determine if a communications facility or component is designed to be stealth or utilizes stealth technology.
Substantial Change
means a modification that changes the physical dimensions of an existing tower or base station by any of the following criteria:
A. 
Height. Changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally (such as on buildings' rooftops); in other circumstances, changes in height are measured from the dimensions of the tower or base station.
1. 
For towers not in public rights-of-way, an increase in the height of the tower by more than 10 percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater.
2. 
For towers or base stations in public rights-of-way, an increase in the height of the structure by more than 10 percent, or more than 10 feet, whichever is greater.
B. 
Width/Girth.
1. 
For towers not in public rights-of-way, adding an appurtenance to the body of the tower that protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.
2. 
For towers or base stations in public rights-of-way, adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
C. 
New equipment cabinets.
1. 
For any existing tower or base station, the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets.
2. 
For towers and base stations in public rights-of-way, the installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets, or the installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure.
D. 
Any excavation or deployment outside the current site.
E. 
Defeating the stealth technology or concealment elements of the existing tower or base station.
F. 
Not complying with conditions of approval, except when noncompliance does not exceed the thresholds identified in subsections (A) through (D) of this definition.
Tower
means any structure built for the sole or primary purpose of supporting any FCC-licensed or -authorized antennas, transmission equipment, their accessory facilities and the associated site.
A. 
Monopole
means a tower consisting of a single pole, constructed without guy wires and ground anchors.
B. 
Lattice
means a guyed or self-supporting three- or four-sided, open, steel frame tower.
Transmission Equipment
means equipment that facilitates transmission for any FCC-licensed or -authorized wireless service; private, broadcast and public safety services; and unlicensed and fixed wireless services such as microwave backhaul. Such equipment includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and back-up power supply.
Wireless Services
means “personal wireless services” and “personal wireless service facilities” as defined in 47 U.S.C. Section 332(c)(7)(C), including commercial mobile services as defined in 47 U.S.C. Section 332(d), provided to personal mobile communication devices through communications facilities or any fixed or mobile wireless services provided using communications facilities.
(Ord. 2546 § 1)

§ 17.11.030 OVERALL POLICY.

In order to ensure that the placement, construction, and modification of communications facilities protects the public health, safety, security, and general welfare of the City, the following policies are hereby adopted (subject to applicable state and federal law):
A. 
Optimize the number of communications facilities in the City.
B. 
Encourage opportunities for user collocation on existing communications facilities, buildings and other structures and maximize replacement strategies.
C. 
Comply fully with established planning guidelines regarding land use and building, design and performance standards.
D. 
Emphasize the use of stealth technology to visually integrate communications facilities, and to use existing communications facilities instead of building new communications facilities.
E. 
Protect the public interests, where practical and applicable, in a competitively neutral, nondiscriminatory manner.
F. 
Protect the public health, safety and welfare.
(Ord. 2546 § 1)

§ 17.11.040 REVIEW AND APPROVAL PROCEDURES.

A. 
Application Time Frame.
1. 
A final decision for applications that qualify for Site Plan and Design Review per GMC § 17.03.060 or a Conditional Use Permit per GMC § 17.03.050 shall be issued within 150 days for new towers and within 90 days for all others.
2. 
A final decision for applications that qualify for an Administrative Site Plan per GMC § 17.03.070 shall be issued within 60 days.
3. 
Such time frames begin when an application is filed following the required pre-application meeting per GMC § 17.03.010(C). The applicable time frame may be tolled by mutual agreement, or in cases where the City determines that the application is incomplete. The time frame shall pause on the date that the City provides written notice to the applicant, within 30 days of receipt of the application, specifically delineating all missing documents and information. The time frame begins running again when the applicant makes a supplemental submission responding to the City’s notice. The City then has 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice. The time frame is tolled in the case of second or subsequent notices pursuant to this subsection. Second or subsequent notices may not specify missing documents or information that were not delineated in the original notice of incompleteness.
B. 
Application Process.
1. 
A pre-application meeting is required before filing an application per GMC § 17.03.010(C), unless waived by the Director. Pre-application meetings for small cell/DAS facilities in the public rights-of-way will be conducted with the City's Director of Public Works.
2. 
Applications that qualify for Site Plan and Design Review shall be processed according to GMC § 17.03.060.
3. 
Applications that qualify for an Administrative Site Plan shall be processed according to GMC § 17.03.070.
4. 
Applications that qualify for a Conditional Use Permit shall be processed according to GMC § 17.03.050 (see GMC § 17.05.030, Table 5-2: Use Table). Conditional use permits for communication facilities for wireless services shall be for a term of not less than 10 years.
5. 
Pursuant to Kansas Statute, an applicant may file one consolidated application for a small cell network with up to 25 individual small cell facilities of a substantially similar design. The City may require a separate application for any small cell facilities that are not of a substantially similar design.
6. 
No zoning or siting approval is required for the construction, installation or operation of any small cell or DAS facilities located in an interior structure or upon the site of any campus, stadium or athletic facility; provided, however, this exemption does not exempt any such facility from any applicable building or electrical code provision.
C. 
Application Contents. An application for the replacement or modification of an existing communications facility or the construction of a new communications facility shall include the following information and requirements, unless waived by the Director:
1. 
A site plan with all requirements as stated in the application.
2. 
A descriptive statement of the proposed communications facility. For towers or base stations, the statement shall provide the capacity of the structure, including the number and type of antennas it can accommodate.
3. 
An affidavit from the applicant stating that it conducted a thorough analysis of available collocation opportunities within the applicable search ring.
4. 
Elevation drawings of the proposed communications facilities showing all towers, base stations, antennas, transmission equipment, accessory facilities, cabinets, fencing, screening, landscaping, lighting, and other improvements related to the facility. The applicant shall note all specific colors and materials to be used.
5. 
Digital photo simulations of the site providing “before and after” views demonstrating the true visual impact of the proposed communications facilities on the surrounding environment. Staff or the approval authority may require photo simulations from any specific vantage point.
6. 
A report from a licensed professional engineer which describes the communications facility's structural capacity, including a statement to the effect that the communications facility can safely accommodate all antennas, transmission equipment and/or accessory equipment. This may include structural calculations, geotechnical foundation studies, and other data as determined by the Director, as applicable, and in compliance with all City codes. In the event an existing communications facility is to be used, the report shall describe the condition of the existing communications facility based on a physical inspection and its ability to accommodate any additional accessory equipment and/or antennas.
7. 
A landscape plan that demonstrates the effective screening of the proposed communications facility and any accessory facilities as required by GMC § 17.11.060(H), in compliance with Chapter 17.08 GMC. The landscape plan shall be sealed by a professional landscape architect, unless this requirement is waived by the approval authority.
8. 
If lighting is required by the FCC or the FAA, the applicant shall submit the proposed lighting plan and identify an available lighting alternative. If security lighting is to be used, the applicant may be required to submit a photometric plan to ensure that lighting is unobtrusive and inoffensive and that no light is directed towards adjacent properties or rights-of-way.
9. 
If an emergency power system will be utilized, the applicant will provide sufficient details showing the location and proposed use of the same; a proposed plan for any intended nonemergency use (e.g., testing); and certification that the system will not violate local health and safety requirements and local noise control ordinances.
10. 
A statement that the proposed communications facility and any accessory facilities and/or landscaping shall be maintained within City ordinances, under what arrangement, and by whom. The statement shall provide contact information for the responsible party.
11. 
An engineer's certification that the proposed communications facilities and the cumulative effect of all communications facilities on the site comply with all FCC standards, including, but not limited to, certifying that all provisions and regulations for radio frequency (RF) emissions or exposure are met, and that anticipated levels of electromagnetic radiation to be generated, including the effective radiated power (ERP) of all transmission equipment, shall be within the guidelines established by the FCC.
12. 
When applicable, a signed copy of the lease between the applicant and the landowner or other acceptable documentation signed by the landowner evidencing the landowner’s approval for the proposed communications facility. The lease or other documentation shall contain a provision stating that the landowner shall be responsible for the demolition and/or removal of the communications facility in the event the lessee fails to remove it upon abandonment of the facilities or the termination of the lease.
13. 
Applicants for communications facilities shall provide notice by certified mail to the owners of record of all property within 200 feet of the proposed location. The notice shall provide a City-issued case number (if available); a description of the proposed facility; the location of the proposed facility; a plan sheet showing the proposed location and the facility improvements; and the applicant’s contact information and a statement that the owner shall have 20 days from the date of the notice to provide the City with any input regarding the application. Each communications facility location shall be provided with its own notice; notices for multiple locations, even if under the same City case number, may not be provided in a single letter. No application will be approved until the applicant submits an affidavit affirming that the required notice was sent.
14. 
For locations near an airport, the applicant must submit an affidavit stating that the application is in compliance with applicable FAA and Johnson County Airport regulations.
15. 
Any other information to satisfy the performance standards in GMC § 17.11.060 or that, as determined by the Director, will assist the review and approval process for communications facilities.
D. 
Independent Third Party Review.
1. 
The applicant may be required to provide an independent review of the application as determined by the Director.
2. 
The Director will select and approve a list of acceptable consultants to be used for the third party independent review.
3. 
The scope of the third party review will be determined by the Director and may vary with the scope and complexity of the application; the scope will be determined following the pre-application meeting. The independent third party review will generally be focused on the technical review of wireless services and verification of the information submitted by the applicant such as federal RF emissions standards, and other technical requirements to ensure that the modeling parameters and data used in developing these technical requirements are valid and representative of the proposed communications facility.
(Ord. 2546 § 1)

§ 17.11.050 LOCATION OF COMMUNICATIONS FACILITIES.

A. 
When possible, the City encourages - but does not require - new communications facilities to be located on existing communications facilities or on existing structures (for example, nonresidential buildings, water towers, utility poles and street lights), and to be architecturally integrated or otherwise camouflaged in a stealth manner to minimize the intrusion upon the public space and adjacent properties. New towers and base stations should be similarly located and designed to minimize the intrusion and to be architecturally integrated or camouflaged.
B. 
The applicable review authority shall not discriminate against applicants with respect to the placement of communications facilities for wireless services as to other investor-owned utilities, wireless service providers, wireless infrastructure providers, or wireless carriers.
(Ord. 2546 § 1)

§ 17.11.060 BUILDING AND DESIGN STANDARDS FOR COMMUNICATIONS FACILITIES.

A. 
Height.
1. 
Towers. The maximum height as indicated below includes any transmission equipment on top of the tower. A lightning rod 10 feet in height or less shall not be included within the height limitations. While tower height shall be controlled based on the specific context consistent with the provisions of this chapter and other applicable provisions of the Land Development Code, in no case shall towers or antennas exceed the following:
a. 
One hundred fifty feet in the A and M-2 zoning districts;
b. 
One hundred thirty feet in the M-1, REC, C-3, and C-2 zoning districts;
c. 
One hundred feet in all residential districts;
d. 
No more than 20 feet above the top of a building when mounted on the roof or include a stealth on-building design in the C-O, CO-A, and C-1 districts.
2. 
Towers in Rights-of-Way. The maximum height which may be approved for a tower and related transmission equipment in the public rights-of-way is: 50 feet along an arterial street; 40 feet along a collector street; and 20 feet along a local street as defined within GMC § 12.10.010.
3. 
Base Stations. Base stations shall comply with any applicable height requirement for its particular type of structure as set forth in the applicable zoning district.
B. 
Design and Color.
1. 
Towers.
a. 
Design. Towers shall be a monopole or some other stealth or stealth technology design unless required by the approval authority to be architecturally compatible to the surrounding development. Guy and lattice towers are not allowed. Towers must be designed in compliance with all current applicable technical, safety, and safety-related codes adopted by the City or other applicable regulatory authority.
b. 
Color and Finish. Towers shall have a galvanized finish unless an alternative stealth or camouflaged finish is approved by the approval authority.
2. 
Base Stations. Base stations shall comply with any applicable color and design requirement for its particular type of structure as set forth in the applicable zoning district, and shall blend with the surrounding buildings and/or natural environment. When constituting an accessory use as indicated in Table 5-2: Use Table, the base station shall be designed as an architecturally compatible element to an existing nonresidential, live/work or mixed use.
3. 
Antennas.
a. 
Design on Towers. Antenna bridges and platforms on towers are not allowed. Antennas on towers may be:
(1) 
Internal;
(2) 
A panel of slim-line design mounted parallel with the tower;
(3) 
A design deemed by the approval authority to be less obtrusive or more stealth than the above described designs; or
(4) 
An omni-directional antenna placed at the top of the tower when it gives the appearance of being a similarly sized or smaller extension of the tower. (The latter will be included in the tower height calculation.)
b. 
Design on Base Stations. Antennas and visible accessory facilities on a base station or other building/structure shall be comprised of materials that are consistent with the surrounding elements so as to blend architecturally with said building/structure and to camouflage their appearance in a stealth manner. Such facilities on rooftops may require screening that is architecturally compatible with the building. As applicable, the following additional requirements apply:
(1) 
Antennas may be installed on an existing building or structure (such as a water tower) that is three stories in height or greater, but no less than 35 feet; provided, that the additional antennas shall add no more than 20 feet to the height of said existing building or structure.
(2) 
Antennas which are architecturally compatible to the building architecture may locate on nonresidential, mixed use or live/work buildings less than three stories or 35 feet in height.
(3) 
Attached antennas on a roof shall be located as close to the center of the roof as possible; and antennas mounted on a building or structure wall shall be as flush to the wall as technically possible, and shall not project above the top of the wall.
(4) 
Accessory facilities for antennas mounted on buildings as indicated above may be permitted on the roof so long as the facilities are designed as an architecturally compatible element to an existing nonresidential, mixed-use or live/work use, and are screened, constructed, and colored in conformity with and to match the structure to which they are attached.
c. 
Color and Finish. Antennas and visible accessory facilities shall be colored and finished in a manner consistent with the tower or base station and any surrounding elements to camouflage their appearance in a stealth manner. Such facilities shall be of a neutral color that is identical to, or closely compatible with, the color of the tower or base station to make such facilities as visually unobtrusive as possible. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen.
C. 
Setbacks.
1. 
Communications facilities shall, at minimum, meet the greatest minimum setback requirement for all building types in that district. If the proposed communications facilities will exceed the maximum height allowed for all building types in that district, the communications facilities shall be set back a distance equal to the height of the facility; provided, that a lesser setback may be approved upon demonstration by a licensed structural engineer registered in the State of Kansas that the fall zone of the tower, antenna, or communications facility is within the radius of the setback.
2. 
Small cell/DAS facilities on utility poles or street lights shall not be subject to the setback requirements above; provided, that such small cell/DAS facilities on utility poles or street lights placed within the rights-of-way shall comply with the City’s requirements and permits for the use of the public rights-of-way as set forth with Chapter 12.05 GMC and in the City’s Technical Specifications.
D. 
Accessory Facilities. Accessory facilities shall include only such structures and facilities necessary for transmission functions for wireless services, but shall not include broadcast studios, offices, vehicle storage areas, or other similar uses not necessary for the transmission function. Accessory facilities shall be constructed of building materials consistent with the primary use of the site and shall be subject to the applicable approval process.
E. 
Equipment Storage. Mobile or immobile equipment not used in direct support of a communications facility shall not be stored or parked on the site of the communications facility unless repairs to the communications facility are being made or pursuant to emergency approval as set forth in GMC § 17.11.080.
F. 
Parking Areas and Drives. All parking areas and drives associated with a communications facility shall comply with Chapter 17.09 GMC; provided, that the applicable approval authority may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. All access roads and turn-arounds shall be provided to ensure adequate emergency and service access.
G. 
Screens and Fencing. Accessory facilities located at the base of a tower or base station shall be screened from view with a solid opaque fence or wall a minimum of six feet in height. Fences shall meet the materials requirements of GMC § 17.08.040. The materials of the wall, including any proposed razor wire or other security wire, shall be of a material designed to match the architecture of the surrounding structures. The landowner or provider shall be responsible for maintenance of the screening. The applicable approval authority shall have the ability to waive or reasonably modify this requirement where the design of the accessory facility is architecturally compatible to the primary use of the site or where the accessory facility will have no visible impact on the public rights-of-way and any other nearby property.
H. 
Landscaping. A continuous landscaped area shall be provided around the perimeter of the accessory building or screening fence/wall; and utility boxes shall be screened according to the requirements of GMC § 17.08.040(A). All plant materials are subject to Chapter 17.08 GMC and shall include a mixture of deciduous and coniferous planting materials. Drought tolerant plant materials are encouraged. The owner or provider shall be responsible for maintenance of all approved landscaping. Where the visual impact of the equipment building would be minimal, the landscaping requirement may be reduced or waived by the applicable approval authority.
I. 
Lighting. Communications facilities shall only be illuminated as required by the FCC and/or the FAA. If lighting is required, the approval authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting around the base of a tower shall meet the requirements of GMC § 17.08.050 and other applicable City requirements.
J. 
Utilities. All utilities at a communications facility site shall be installed underground and in compliance with applicable codes.
K. 
Security. All communications facilities shall be located, fenced, or otherwise secured in a manner that prevents unauthorized access.
L. 
Signage. Signage at the site is limited to nonilluminated warning and equipment identification signs required by the FCC or applicable regulatory body or otherwise approved by the approval authority.
M. 
Building Codes and Inspection.
1. 
Construction and Maintenance Standards. To insure structural integrity, communications facilities shall be constructed and maintained in compliance with the standards contained in applicable local building codes and the applicable standards for communications facilities published by the Electronic Industries Association (EIA) or any applicable regulatory authority (as amended from time to time). If upon inspection the City concludes that a communications facility fails to comply with such codes and standards and constitutes a danger to persons or property, then the facility owner or landowner shall have 30 days following written notice to bring such facility into compliance. If the facility owner or landowner fails to bring such facility into compliance within this period, the City may order the removal or cause the removal of such facility at the facility owner or landowner's expense. Failure of the City to inspect the facility shall not relieve the facility owner or landowner of their responsibility to comply with this provision.
2. 
Inspection. Not less than every 24 months, the communications facility shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communications facilities. At a minimum, this inspection shall be conducted in accordance with the inspection checklist provided in the Electronic Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures (as amended from time to time). A copy of the inspection record shall be provided to the City upon request. The inspection shall be conducted at the facility owner or landowner's expense.
N. 
Operational Standards.
1. 
Communications facilities shall meet or exceed all minimum structural, height, radio frequency radiation and other operational standards as established by the FCC, FAA, Environmental Protection Agency, and/or other applicable federal regulatory agencies. If such standards and regulations are changed, then the communications facilities shall be brought into compliance with the revised standards and regulations within six months of the effective date of the ordinance or law from which these standards and regulations are derived, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring communications facilities into compliance with any revised standards and regulations shall constitute grounds for the removal of the facility at the owner or provider's expense.
2. 
It is the responsibility of the wireless service provider to promptly resolve any electromagnetic interference problems in accordance with any applicable law or FCC regulation.
O. 
Removal of Abandoned Communications Facilities. Any communications facility that is not operated for a continuous period of 12 months shall be considered abandoned and a nuisance, and the owner of such facility or the landowner shall remove the same within 90 days of a receipt of notice from the City. If such facility is not removed within said 90 days, the City may remove such facility at the facility owner or landowner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
P. 
Unsafe Communications Facilities. Any communications facility which is not maintained to a suitable degree of safety and appearance (as determined by the City and any applicable code, statute, ordinance, law, regulations or standard) will be considered a nuisance and will be upgraded or removed at the owner or provider’s expense.
(Ord. 2546 § 1)

§ 17.11.070 DENIAL OF APPLICATION.

A. 
The City may deny an application for any of the following reasons:
1. 
Failure to submit any or all required application documents and information.
2. 
Conflict with safety and safety-related codes and requirements.
3. 
Conflict with the historic nature or character of the surrounding area pursuant to federal or state law.
4. 
The use or construction of a communications facility is contrary to the previously stated purpose of a specific zoning or land use designation, fails to comply with this Code, and/or creates an unacceptable risk to the public health, safety, and welfare.
5. 
The placement and location of the communications facility would create an unacceptable risk, or the reasonable probability of such, to residents, the public, businesses, City employees, or employees of the wireless service provider.
6. 
Conflict with a public health, safety and welfare issue, including, but not limited to, violation of noise ordinance, flashing or other light nuisance, and conflict with required sidewalk widths (including ADA accessibility requirements).
7. 
Conflict with planned future public improvements.
8. 
Conflict with or violation of any provision contained within this chapter or any other applicable City code or with any applicable federal or state law.
B. 
In the event of a denial, the approval authority or the City shall notify the applicant in writing of the City’s final decision, supported by substantial evidence contained in a written record and issued contemporaneously. Such notice shall be made within the applicable time frame set forth in GMC § 17.11.040.
C. 
Any denial shall not discriminate against the applicant with respect to the placement of communications facilities of other investor-owned utilities, wireless service providers, wireless infrastructure providers, or wireless carriers.
(Ord. 2546 § 1)

§ 17.11.080 EMERGENCIES AND DISASTERS.

In the event of a declared emergency or disaster, the City Administrator, or his or her designee, or the Director may authorize any temporary towers, base stations, transmission equipment or accessory equipment necessary to temporarily restore wireless services.
(Ord. 2546 § 1)

§ 17.11.090 INTERPRETATION AND SEVERABILITY.

The provisions of this chapter shall be construed in a manner consistent with all applicable federal, state and local laws and standards regulating communications facilities. In the event any federal or state law or standard is mandatory or is more stringent than provisions of this chapter, then such provisions shall be revised accordingly. If any section, subsection, clause, phrase or portion of this chapter is for any reason held invalid or unenforceable by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 2546 § 1)