In addition to the general purposes of the comprehensive plan and the zoning ordinance, this chapter is included in the Gold Bar Municipal Code to provide for a wide range of locations and options for wireless communication providers while minimizing the unsightly characteristics associated with wireless communication facilities and to encourage creative approaches in locating wireless communication facilities which will blend in with the surroundings of such facilities.

(Ord. 543 § 1 (part), 2001)

A building permit, as regulated in Title 15 of this code, is required for the construction of any mini facility, micro facility, macro facility, lattice tower, monopole I or monopole II. The structural design submitted as a part of the building permit application shall be prepared by a licensed engineer or architect.

(Ord. 543 § 1 (part), 2001)

A.

Micro facilities are permitted in all zones.

B.

A micro facility shall be located on existing buildings, poles or other existing support structures. A micro facility may locate on buildings and structures provided that the interior wall or ceiling immediately adjacent to the facility is not designated residential space.

C.

Antennas equal to or less than four (4) feet in height (except omni-directional antennas which can be up to six (6) feet in height) and with an area of not more than five hundred eighty (580) square inches in the aggregate (e.g., one (1) foot diameter parabola or two (2) foot by one and one-half (1.5) foot panel as viewed from any one (1) point) are exempt from the height limitation of the zone in which they are located. Structures which are nonconforming with respect to height, may be used for the placement of omni-directional antennas providing they do not extend more than six (6) feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

D.

The micro facility and the antenna and related components shall be the same color as the existing building, pole or support structure on which it is proposed to be located.

E.

The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.

F.

In single-family residential zones, micro facilities for a specific wireless provider shall be separated by a distance equal to or greater than one thousand, three hundred twenty (1,320) linear feet from other micro facilities of the same wireless provider.

(Ord. 543 § 1 (part), 2001)

A.

Mini facilities are permitted in all zones except single-family residential zones.

B.

The mini facility may be located on buildings and structures provided that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.

C.

The mini facility and the antenna and related components shall be the same color as the existing building, pole or support structure on which it is proposed to be located.

D.

The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.

E.

Mini facilities shall comply with the height limitation specified for all zones except as follows: omni-directional antennas may exceed the height limitation by ten (10) feet, or in the case of nonconforming structures the antennas may extend ten (10) feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and blends in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

(Ord. 543 § 1 (part), 2001)

A.

Macro facilities are permitted in all zones except single-family residential zones.

B.

Macro facilities may be located on buildings and structures provided that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.

C.

The macro facility and the antenna and related components shall be the same color as the existing building, pole or support structure on which it is proposed to be located.

D.

The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.

E.

Macro facilities shall comply with the height limitation specified for all zones, except as follows: omni-directional antennas may exceed the height limitation by fifteen (15) feet, or in the case of nonconforming structures the antennas may extend fifteen (15) feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

(Ord. 543 § 1 (part), 2001)

A.

Monopole I facilities are only permitted in the general commercial (GC) zone.

B.

Antennas equal to or less than fifteen (15) feet in height or up to four (4) inches in diameter may be a component of a monopole I facility. Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the monopole I wireless communications support structure. For example, the maximum height for a monopole I shall be sixty (60) feet and the maximum height of antennas which may be installed on the support structure could be fifteen (15) feet, making the maximum permitted height of the support structure and antennas seventy-five (75) feet (sixty (60) feet plus fifteen (15) feet).

C.

Co-location on an existing support structure shall be permitted. Macro facilities are the largest wireless communication facilities allowed on mono-pole I.

D.

The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole I facilities shall be concealed, camouflaged or placed underground.

E.

Monopole I facilities adjacent to a single-family zone, shall be set back a distance equal to the height of the wireless communication support structure from the nearest single-family lot line.

(Ord. 543 § 1 (part), 2001)

A.

Monopole II facilities are only permitted in the general commercial (GC) zone, provided the wireless communications support structure shall be designed to accommodate two (2) or more wireless communications facilities.

B.

Co-location of wireless communication facilities on an existing support structure shall be permitted.

C.

Macro facilities are the largest permitted wireless communication facilities allowed on a monopole II facility. Antennas which extended above the monopole II wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure. For example, the maximum height for a monopole II facility shall be one hundred twenty (120) feet and the maximum height of antennas which may be installed on the support structure could be fifteen (15) feet, making the maximum permitted height of the support structure and antennas one hundred thirty-five (135) feet (one hundred twenty (120) feet plus fifteen (15) feet).

D.

The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole II facility support structure shall be concealed, screened, camouflaged or placed underground.

E.

Monopole II facilities adjacent to a single-family zone, shall be set back a distance equal to the height of the wireless communication support structure from the nearest single family lot line. In any case, if the monopole II facility is within three hundred (300) feet of any residentially zoned lot, a conditional use permit will be required.

F.

Monopole II facilities shall be separated from each other by a distance equal or greater than one thousand, three hundred twenty (1,320) feet.

(Ord. 543 § 1 (part), 2001)

A.

Lattice towers are only permitted in the general commercial (GC) zone, provided the wireless communications support structure in built to accommodate the location of two (2) or more wireless communications facilities.

B.

Co-location on an existing support structure shall be permitted without an additional conditional use permit, provided there is no substantial change to the existing support structure.

C.

Macro facilities are the largest permitted wireless communication facilities allowed on a lattice tower. Antennas which extend above the lattice tower wireless communications support structure shall not be calculated as part of the height of the wireless communications support structure. For example, the maximum height for a lattice tower shall be one hundred twenty (120) feet and the maximum height of antennas which may be installed on the support structure could be fifteen (15) feet, making the maximum permitted height of the support structure and antennas one hundred thirty-five (135) feet (one hundred twenty (120) feet plus fifteen (15) feet).

D.

The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the lattice tower support structure shall be concealed, screened, camouflaged or placed underground.

E.

Lattice towers adjacent to a single-family zone, shall be set back a distance at equal to or greater than the height of the wireless communication support structure from the nearest single-family lot line. In any case, if the lattice tower is within three hundred (300) feet of a single-family lot, a conditional use permit will be required.

F.

Lattice towers shall be separated from each other by a distance equal or greater than one thousand, three hundred twenty (1,320) feet.

(Ord. 543 § 1 (part), 2001)

A conditional use permit as regulated by Chapter 17.72 shall be required for the construction or modification (not subject to Section 17.58.090) of a monopole I, monopole II or a lattice tower. The following additional criteria shall also apply for the issuance of a conditional use permit:

A.

Visual Impact.

1.

Antennas may not extend more than fifteen (15) feet above their supporting structure, monopole, lattice tower, building or other structure.

2.

Site location and development shall preserve the pre-existing character of the surrounding buildings, land uses, and the zone district to the extent consistent with the function of the communications equipment. Wireless communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

3.

Accessory equipment facilities used to house wireless communications equipment should be located within buildings or placed underground when possible. When they cannot be located in buildings, equipment shelters or cabinets shall be screened.

B.

Noise. No equipment shall be operated so as to produce noise in levels above forty-five (45) dB as measured from the nearest property line on which the attached wireless communication facility is located.

C.

Other. Application and Conditional Use Criteria: FCC Preemption. In any proceeding regarding the issuance of a conditional use permit under the terms of this chapter, federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning such emission.

(Ord. 543 § 1 (part), 2001)

The following are exempt from the requirement of a conditional use permit, and shall be considered a permitted use in all zones where wireless and attached wireless communications facilities are permitted: minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, so long as there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this chapter.

(Ord. 543 § 1 (part), 2001)

A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six (6) months of the date it ceases to be operational or if the facility falls into disrepair.

(Ord. 543 § 1 (part), 2001)