A. Provision of Opportunities for Wireless Providers: This Chapter is designed to provide opportunities for personal wireless service facilities consistent with the statutory rights of wireless communication service providers while providing for orderly development of the City and protecting the health, safety, and general welfare of the City's residents and property owners.

B. Preservation of Character of City: A primary objective of this Chapter is to preserve the existing visual and aesthetic character of the City and its neighborhoods, as well as minimizing the noise impacts generated by personal wireless service facilities. Preserving the visual and aesthetic character of the City includes the protection of views within the City which create a special character for the community, high property values, and a tax base sufficient to support the City's operations, and limiting the intrusion of noise, visual, and aesthetic impacts associated with commercial and other uses into residential neighborhoods.

C. The Goals of This Chapter Include:

A. Antenna: An antenna is a specific device which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas for commercial purposes.

B. Antenna Array: An antenna array is two (2) or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for commercial communications purposes.

C. Applicant: An applicant is any person, firm or entity seeking to place a personal wireless service facility within the boundaries of the City.

D. Camouflaged: Camouflaged means the use of shape, color and texture to cause an object to appear to become a part of something else, usually a structure, such as a building, wall or roof. Camouflaged does not mean "invisible", but rather "appearing as part or exactly like the structure used as a mount.”

E. Co-location: Co-location means the placement and arrangement of more than one (1) provider’s antennas and equipment on a single support structure.

F. Concealment: Concealment means fully hidden from view. For example, a personal wireless service facility is concealed when it is completely hidden or contained within a structure, such as a building, wall or roof.

G. Developed Street: Developed street means any public right-of-way classified as an alley, access street, collector street, minor arterial, or principal arterial, which is partially or fully developed and devoted to transportation use by the public at large.

H. Planning Agency: Planning Agency means the Planning Agency or his or her designee.

I. Disguised: Disguised means that a personal wireless service facility is changed to appear to be something other than what it really is. For example, personal wireless service facilities are sometimes disguised to appear as trees or flagpoles.

J. EIA: EIA means the Electronic Industries Association.

K. Equipment Enclosure: Equipment enclosure means a structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communication signals and data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or auxiliary electric generators.

L. FAA: FAA means the Federal Aviation Administration.

M. Facility: Facility means a personal wireless service facility.

N. FCC: FCC means the Federal Communications Commission.

O. Guyed Tower: Guyed tower means a vertical support structure which consists of metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.

P. Height: Height means the vertical distance measured from pre-existing ground level to the highest point on the personal wireless service facility, including, but not limited to the antenna or antenna array.

Q. Lattice Tower: Lattice tower means a wireless communication support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three (3), four (4), or more sides.

R. Licensed Carrier: Licensed carrier means any person, firm or entity licensed by the FCC to provide personal wireless services and which is in the business of providing the same.

S. Monopole Tower or Monopole: Monopole means a vertical support structure, consisting of a single vertical metal, concrete or wooden pole, typically round or square, and driven into the ground or attached to a foundation.

T. Mount: Mount means any mounting device or bracket which is used to attach an antenna or antenna array to a street pole, building, structure, monopole, or tower.

U. Panel Antenna: Panel antenna means a directional antenna designed to transmit and/or receive signals in a directional pattern which is less than three hundred sixty degrees (360°), typically an arc of approximately one hundred twenty degrees (120°);

V. Personal Wireless Services: Personal wireless services means any of the technologies as defined by Section 704(a)(7)(c)(i) of the Federal Telecommunications Act of 1996, including Cellular, Personal Communications Services (PCS), Enhanced Specialized Mobile Radio (ESMR), Specialized Mobile Radio (SMR), and Paging.

W. Personal Wireless Service Facilities: Personal wireless service facilities means any unstaffed facility for the transmission and/or reception of personal wireless services.

X. Street Pole: Street pole means a telephone, electric, or cable television pole located in a developed street.

Y. Whip Antenna(s): Whip antenna(s) means an omni-directional antenna(s) designed to transmit and/or receive signals in a three hundred sixty degree pattern.

A. The placement or modification of any personal wireless service facility at any location within the City is subject to the provisions of this chapter, except for temporary facilities providing emergency communication services during natural disasters or other emergencies which may threaten the public health, safety, or welfare.

B. Personal wireless service facilities shall not be permitted on any building or structure within an area of the City zoned residential, or on any building or structure that contains a residence or school unless completely enclosed (such as in a church steeple) or disguised (such as a flag pole at a school or public building.) and in such cases placement is subject to obtaining a Conditional Use Permit as identified in Chapter 19.51

C. Facilities located within a designated critical area, as defined by Chapter 14.12, shall comply with the requirements of the appropriate chapter.

D. Lattice and guyed towers shall not be permitted in any zoning district. Monopoles shall be permitted only as specified in Section 19.78.040.

E. No variances or deviations from the provisions of 19.78.040 and 19.78.070 shall be permitted, except as specifically allowed in those sections.

F. All applicable standards and requirements of the Uniform Building Code, FCC, FAA, EIA, and any other agency with the authority to regulate antennas and support structures must be met. If such standards and regulations are changed, then the owners of the support structures and antennas shall bring such structures and antennas into compliance with the revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Failure to bring structures and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the support structure or antenna at the owner’s expense.

G. Building Codes and Safety Standards. To ensure the structural integrity of antenna support structures, the owner of the structure shall ensure that it is maintained in compliance with standards contained in applicable building codes and the applicable standards that are published by the EIA, as amended from time to time. If upon inspection, the Building Official concludes that a structure fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the support structure, the owner shall have thirty (30) days to bring such structure into compliance. If the owner fails to bring the structure into compliance within thirty (30) days, the City may remove the structure at the owner’s expense.

H. A Personal Wireless Services Facility Permit shall be required prior to the construction or installation of each facility. A notice of application posted upon the subject property shall be the only form of public notice required for a personal wireless services facility permit.

I. A building permit is required for all facilities. A conditional use permit is also required for new towers.

J. Interference. No antenna shall be permitted to be placed in a location where it will interfere with existing transmittal or reception of radio, television, audio, video, electronic, microwave, or other signals.

K. Personal wireless facilities are not considered essential public facilities and shall not be regulated or permitted as essential public facilities.

L. Lot size. For purposes of determining whether a facility complies with development standards such as setbacks, the dimensions of the entire lot shall control, even though a facility is located on a leased parcel within that lot.

M. Lighting. Facilities shall not be lighted unless required by the FAA or other applicable authority. In no case shall a facility be approved which requires daytime or nighttime white strobe lights.

N. Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the support structure.

A. A complete application form, permit fee, and attachments signed and dated by the owner or authorized representative. The application shall be on a standardized form approved by the Planning Agency and provided to the applicant by the Planning Department. For free-standing towers, a complete conditional use permit form is also required.

B. The name, address, phone number and signature of the applicant or authorized representative.

C. A complete legal description of the subject property.

D. Locational maps, including:

E. Site plans and drawings, drawn to scale, depicting the proposed and existing improvements on the property. The drawings shall include a plan view and elevations, and contain the following information:

F. Color photographs of the existing site, and computer-generated color photographs depicting the proposed facility incorporated into the site (photo simulations). At least one (1) color photograph and one (1) color photo simulation shall be provided depicting the site from the north, south, east and west, or as determined by the Planning Agency.

G. Three (3) copies of all plans and photographs. One (1) paper reduction of each oversized plan to eleven by seventeen inches (11" x 19") shall also be provided.

H. A description of the support structure or building upon which the facility is proposed to be located, and the technical reasons for the design and configuration of the facility.

I. A signed statement that:

J. Design information, including equipment brochures, color and material boards, and dimensional information.

K. Information necessary to demonstrate the applicant's compliance with FCC and FAA rules, regulations and requirements. This includes documentation of FAA approval and documentation that the applicant is licensed by the FCC, that the FCC has approved the proposed antenna and/or support structure, and that the proposed antenna complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

L. Necessary information for review of environmental impacts, in accordance with Title 14, Environmental Regulations.

M. Fees.

N. A completed right-of-way placement permit application if the facility is to be located within a public right-of-way.

O. For monopoles, written justification for why co-location on existing sites is not feasible. Justification shall address the following points, at a minimum. Technological and engineering opinions shall be certified by an independent electronic/communications engineer.

A. Street Pole Mounted Facilities:

B. Attached Facilities:

C. New Monopole Towers:

D. Grant County Public Utility District Electric Transmission Towers Outside Developed Streets:

E. Co-Location on Existing Monopoles and Towers:

F. Appearance: Ground mounted equipment enclosures shall be of the smallest size necessary and painted a natural, non-reflective color so as to blend in with the surroundings. Any new building or structure constructed for housing equipment, other than self-contained equipment cabinets, shall be designed and constructed to be architecturally compatible with buildings in the immediate vicinity and to blend into the surroundings. The exterior of all such buildings or structures shall be finished with masonry or siding and shall have a peaked roof. Buildings or structures with non-masonry exterior finishing shall be painted a natural, non-reflective color. Pre-fabricated concrete and metal structures shall not be permitted unless treated with a facade meeting the requirements of this paragraph.

G. Landscaping, Screening and Noise Standards:

H. Setbacks: All portions of a personal wireless services facility, including equipment enclosures, shall be constructed with a setback of at least one hundred feet (100') from any residential structure or school or residentially zoned property.

A. All new monopole towers, and any pre-existing monopole or lattice towers, owned by a licensed carrier, shall be made available for use by the owner or initial user thereof, together with as many other licensed carriers as can be technically co-located thereon. However, nothing in this chapter shall prevent such licensed carrier from charging a reasonable fee for the co-location of additional facilities upon said tower which does not exceed the fair market value for the space occupied.

B. All licensed carriers shall cooperate with each other in co-locating additional facilities upon such towers. All licensed carriers shall exercise good faith in co-locating with other licensed carriers and in the sharing of towers, including the sharing of technical information to evaluate the feasibility of co-location. In the event that a dispute arises as to whether a licensed carrier has exercised good faith in allowing other licensed carriers to co-locate upon its tower, the City may require a third party technical study to evaluate the feasibility of co-location at the expense of either or both licensed carriers. This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this chapter for a new monopole tower.

C. Any licensed carrier which allows co-location upon a tower permitted pursuant to this chapter may condition said co-location to assure that the co-located facility does not cause electronic or radio-frequency interference with its existing facility. In the event that the co-located licensed carrier is unable to remedy the interference, the owner of the tower shall be relieved of its obligation to allow co-location of the interfering facility upon its structure.

A. Each permit granted pursuant to this chapter shall contain a condition which requires the permittee to reimburse the City for all direct and indirect expenses reasonably incurred in connection with the issuance, modification, amendment, or transfer of the permit.

B. Each permittee shall be required to reimburse the City for all direct and indirect expenses not otherwise covered by permit application fees reasonably incurred while reviewing, inspecting, and supervising the construction, installation, and/or maintenance of a facility authorized by a permit granted pursuant to this chapter.

C. Costs incurred by the City in response to any emergency at the facility shall be included within the reimbursable expenses set forth in this section.

A. All licensed carriers shall conduct tests necessary to demonstrate compliance with all applicable FCC regulations regarding the radio-frequency emissions of the facility. All such tests shall be performed by or under the supervision of a radio frequency engineer competent to perform such tests and interpret the data gathered.

B. All licensed carriers shall submit a report, certified by a radio frequency engineer, setting forth the following:

C. Initial field measurements shall be performed prior to placing the facility into service and the initial compliance report shall be submitted within fourteen (14) days of the facility becoming fully operational.

D. Compliance reports shall be required on an annual basis thereafter. Annual compliance reports shall be submitted by January 1st of each calendar year. Provided, however, that a facility installed and initially tested within nine (9) months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

E. The City may retain a technical expert in the field of radio frequency engineering to verify the RFR measurements and certification. The cost of such a technical expert shall be borne by the licensed carrier or applicant.

F. If at any time the radio-frequency emission tests show that the facility exceeds any of the standards established by the FCC, the licensed carrier shall immediately discontinue use of the facility and notify the City. Use of the facility may not resume until the licensed carrier demonstrates that corrections have been completed which reduce the radio-frequency emissions to levels permitted by the FCC.

A. Each licensed carrier shall conduct tests necessary to demonstrate compliance with all applicable local regulations regarding the noise emissions of the facility. All such tests shall be performed by or under the supervision of a qualified acoustical consultant competent to perform such tests and interpret the data gathered.

B. All licensed carriers shall submit a report, certified by a qualified acoustical consultant, setting forth the observed noise levels at the property line of the property upon which the facility is located. The report shall account for background noise and other noise sources and demonstrate the noise levels emitted by the facility, including any air conditioning or ventilation equipment contained therein.

C. Compliance reports shall be required on an annual basis and shall be submitted by January 1st of each calendar year, provided, however, that a facility installed and initially tested within nine (9) months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

D. The City may retain a technical expert in the environmental noise measurement to verify the noise measurements and certification. The cost of such a technical expert shall be borne by the licensed carrier.

E. This section shall not apply to any facility that does not contain air conditioning equipment.

A. The owner or operator of all facilities shall, on an annual basis, submit a written report to the City, signed under penalty of perjury, which demonstrates whether or not there has been a cessation in use of the personal wireless services facility for a period of three (3) months during the prior year. Annual compliance reports shall be submitted by January 1st of each calendar year. Failure to submit a report shall be considered evidence of abandonment. Provided, however, that a facility permitted and installed within nine (9) months prior to January 1st shall not be required to submit an annual compliance report until the following January 1st.

B. Any personal wireless services facility that has had no antenna mounted upon it for a period of six (6) months, or if the antenna mounted thereon are not operated for a period of three (3) months, shall be considered abandoned, and the owner thereof shall remove the facility within ninety (90) days after receipt of a notice from the City to do so.

C. In the event that more than one (1) wireless communication service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section.

D. If the facility and associated equipment are not removed within ninety (90) days after receipt of a notice from the City requiring said removal, the City may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such facility is situated in an amount equal to the cost of removal.