Granite Falls City Zoning Code

Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.

Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale.

Facilities used exclusively for purposes of public safety, such as, but not limited to, police, hospitals, and the regional 911 system.

Wireless radio utilized for temporary emergency communications in the event of a disaster.

Licensed amateur (ham) radio stations.

Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property.

WCF which existed on or prior to the effective date of the ordinance codified in this chapter, except that this exemption does not apply to modifications of existing facilities.

Routine maintenance or repair of a WCF and related equipment (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this chapter is maintained.

Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless communications facility until 10 days after the completion of such emergency activity.

New Towers. New freestanding towers may be located in the industrial/retail (IR), light industrial (LI) and heavy industrial (HI) zoning districts and upon any property containing an existing public use within any zoning district.

Collocation and Minor Facilities. WCFs may also be placed on the following existing buildings or structures:

WCFs located on existing light standards and power poles within public rights-of-way; provided, however, that only one WCF shall be located on any light standard or power pole.

Lattice and guyed towers shall not be permitted in the city.

Principal or Accessory Use. WCFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a WCF on that lot.

Not Essential Public Facilities. WCFs are not considered essential public facilities as defined in the Growth Management Act and shall not be regulated or permitted as essential public facilities.

FCC Licensing. The applicant must demonstrate that it is licensed by the FCC, acting on behalf of an FCC-licensed carrier, or that such a license is not required under FCC regulations.

Lot Size. For purposes of determining whether the installation of a WCF complies with development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a WCF is located on a leased portion of a lot.

Signs. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, other than safety warnings required by law and identification information convenient to the facility owner not exceeding 12 inches by 18 inches.

Lighting. WCFs shall not be artificially lighted unless required by the FAA or other applicable authority.

Cumulative Effects. The city shall consider the cumulative visual effects of WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits can be granted so as not to adversely affect the visual character of the city.

City Design Standards. WCF installations shall comply with all relevant provisions of the city of Granite Falls design standards.

Business License. All applicants shall obtain a city of Granite Falls business license, if required, prior to issuance of any permits.

All WCFs shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of vegetative screening, compatible materials, location, color, stealth technologies which cause the WCF to appear to be something other than a WCF that is already presenting the visual landscape (e.g., grain silos, flag poles, church steeples, trees, etc.).

Separation Distance. In all single-family residential and commercial districts, detached WCFs except for small cell facilities shall be separated by a distance equal to or greater than 1,320 linear feet. WCFs that are collocated upon a single support structure shall count as a single WCF for the purposes of this subsection.

WCFs mounted on existing nonresidential buildings and structures or collocated on existing support structures are permitted with an administrative review and a building permit approved by the designated official. For the purposes of GFMC § 19.04A.210(D), these proposals shall be considered minor development proposals (Type I). Such proposals shall be approved if the following conditions are met:

New freestanding WCFs, all nonexempt repair and maintenance, the expansion and/or alteration of existing WCFs, and all other WCFs not meeting the criteria for an administrative review under subsection (B) of this section require a conditional use permit to be issued by the city's hearing examiner. For the purpose of GFMC § 19.04A.210(D), these proposals shall be considered major development proposals (Type III). Such proposals shall conform to the following site development standards:

Lattice and guyed towers shall not be permitted in the city.

Security fencing, if used, shall conform to the following:

Noise. No equipment shall be operated at a WCF (attached or detached) so as to produce noise in excess of the applicable noise standards under applicable municipal code, except for in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis. Air conditioning and ventilation equipment associated with the ancillary equipment of the WCF shall be designed and configured in a manner so that noise impacts on adjacent properties with residential uses are minimized to the maximum extent practicable through the use of baffling and/or other noise attenuation techniques and that the noise levels generated by the ancillary equipment otherwise comply with applicable noise regulations adopted by the city. In descending order, preference shall be given to the following configurations of air conditioning and ventilation equipment: (1) orientation toward properties with nonresidential uses; (2) orientation toward streets; and (3) orientation toward the furthest residential use.

Collocation. It is the policy of the city to minimize the number of detached WCFs and to encourage the collocation of more than one WCF on a single support tower. No new detached WCFs may be constructed unless it can be demonstrated to the satisfaction of the permit authority that existing support towers are not available for collocation of an additional WCF, or that their specific locations do not satisfy the operational requirements of the applicant. In addition, all detached WCFs shall be designed to promote facility and site sharing. All facilities shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a period of time. Nothing in this section shall prohibit the owner of an existing facility from charging a reasonable fee for collocation of other telecommunications facilities.

Abandonment and Obsolescence. A WCF shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair.

Maintenance. All WCFs shall be maintained in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.

Electromagnetic Emissions. All applicants shall demonstrate compliance with all applicable FCC regulations regarding the radio frequency emissions of WCFs. If at any time radio frequency emissions exceed any of the standards established by the FCC, the applicant shall immediately discontinue use of the WCF and notify the city. Use of the WCF may not resume until the applicant demonstrates that corrections have been completed which reduce the radio frequency emissions to levels permitted by the FCC.

Special Exceptions. When adherence to the development standards would result in a significant gap in coverage for a WCF or prevent an applicant from addressing a significant capacity need, a special exception may be granted by the approval authority if the permit authority determines that the proposal utilizes the least intrusive means of closing the gap in coverage or addressing the capacity need, as applicable. The applicant has the burden of proof of establishing the gap or need and that the proposal is the least intrusive means of so doing.

Use of City Right-of-Way. Any telecommunications carrier who desires to construct, install, operate, maintain, or otherwise locate telecommunication facilities in, under, over, or across any public right-of-way of the city for the purpose of providing telecommunications services shall obtain permission from the city, and enter into a right-of-way franchise agreement authorizing use of the city right-of-way. Small cells attached to utility poles, street lights and traffic signals are exempted from the setback requirements.

Conditional Use Permit Criteria. In addition to any performance standards for conditional use permits under applicable municipal code, a conditional use permit for a detached WCF other than a small cell in the public right-of-way shall only be approved if the wireless provider can demonstrate that no other attached WCF alternative(s) are available that can provide the same level of service coverage to the targeted area.

Eligible Facilities Request.

Collocation. Eligible collocations other than those defined in this section shall be processed within 90 days of receipt of a complete application. The designated official will notify the applicant within 30 days of receipt of an application whether it is complete or if additional information is required. The term "collocation" shall not apply to the initial placement of a small cell facility on a utility pole or on any other base station or tower that was not constructed for the sole or primary purpose of an FCC-licensed antenna and their associated facilities.

New Wireless Communication Facilities. New wireless communications facilities shall be processed within 150 days of receipt of a complete application. The designated official will notify the applicant within 30 days of receipt of an application whether it is complete or if additional information is required.