The purpose of this chapter is to establish general requirements for the siting of wireless telecommunications facilities. The intent of this chapter is to:

   A.   Encourage the location of facilities in nonresidential areas;

   B.   Minimize the total number of monopole facilities throughout the community;

   C.   Encourage the joint use of new and existing communication sites;

   D.   Encourage providers of facilities to locate them where the adverse impact on the community is minimal;

   E.   Encourage providers of facilities to use innovative design to minimize adverse visual impact;

   F.   Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently;

   G.   Accommodate, in a reasonable manner as established by Federal law (PRB-1) the allowance of amateur radio operations within the residential neighborhoods throughout the City. (Ord. 2012-15, 9-20-2012)

See section 13.04.040 of this title. (Ord. 2012-15, 9-20-2012)

The requirements of this chapter apply to both commercial and private wireless telecommunications services such as "cellular" or "PCS" (personal communications services) communications and paging systems. All facilities shall comply with the following regulations and all other ordinances of the City and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration. (Ord. 2012-15, 9-20-2012)

An overall site location plan shall be submitted by each company desiring placement of wireless telecommunication facilities. The plan shall be submitted to the Planning Commission and Community Development Department prior to processing any permits for permitted or conditional use locations. The plan shall include inventory of existing and anticipated sites for the City and within one mile of the City boundary. The plan shall indicate area coverage, if known, location, antenna height above existing grade, and antenna type for each site and be updated upon request from the Planning Commission. Every overall plan shall be considered proprietary information and classified as "protected" under the provisions of the Governmental Records Access and Management Act. (Ord. 2012-15, 9-20-2012)

The uses specified in the following chart are allowed provided that they comply with all requirements of this chapter:

 

 

Notes:

1.    Permitted use only on nonresidential buildings.

2.    Conditional use on residential buildings.

3.    Allowed only in conjunction with public or quasi-public uses (see section 13.04.040 of this title).

S    Stealth facilities are conditional uses and not required to be located with public or quasi-public uses.

S1    Stealth facilities only.

(Ord. 2019-03, 2-28-2019)

Wireless telecommunications facilities are characterized by the type and location of the antenna structure. There are four (4) general types of antenna structures: wall mounted; roof mounted; monopoles; and lattice towers. Standards for the installation of each type of antenna are as follows:

   A.   Wall Mounted Antenna: The following provisions apply to wall mounted antennas:

      1.   Wall mounted antennas shall not extend above the wall line of the building or structure or extend more than four feet (4') horizontally from the face of the building or structure.

      2.   Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Antennas and the supporting structures on buildings should be architecturally compatible with the building.

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

      4.   Stealth wall mounted antennas are encouraged and shall be allowed to vary from the provisions of this section as determined by community development for permitted uses and the Planning Commission for conditional uses. Stealth wall mounted antennas are not required to be located with public or quasi-public uses in all R-1 and R-2 Zones. (See section 13.83.050 of this chapter.)

   B.   Roof Mounted Antenna: The following provisions apply to roof mounted antennas: (see figures in this subsection B)

      1.   Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms, provided the antennas and antenna mounting structures shall not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room.

      2.   For antennas not mounted on a penthouse or mechanical equipment room and on a flat roof:

         a.   Setback: The antennas shall be mounted at least five feet (5') from the exterior wall or parapet wall of a building or structure.

         b.   Height: The height shall be measured from the top of the antenna to the roofline of the building or structure, or to the top of the parapet wall if a parapet wall exists. For antennas mounted between five feet (5') and fourteen feet (14') from the exterior wall or parapet wall, the maximum height of the antenna is equal to the distance the antenna is set back from the exterior wall or parapet wall. For antennas set back more than fourteen feet (14'), the maximum height shall be fourteen feet (14'). Antennas extending more than nineteen feet (19') above the roofline require conditional use approval.

         c.   Extending Above Roofline: Roof mounted antennas extending above the roofline of any penthouse or mechanical equipment require conditional use approval.

      3.   Roof mounted antennas on a pitched roof shall be allowed provided the antennas and antenna support structures do not extend higher than the peak of the roof measured by a horizontal line from the peak extending over the roof.

      4.   Roof mounted antennas shall be constructed and/or colored to match the surroundings in which they are located.

      5.   Stealth roof mounted antennas are encouraged and shall be allowed to vary from the provisions of this section as determined by community development department for permitted uses and the planning commission for conditional uses. Stealth roof mounted antennas are not required to be located with public or quasi-public uses in all R-1 and R-2 zones. (See section 13.83.050 of this chapter.)

   C.   Monopole: The following provisions apply to monopoles:

      1.   Approval of more than one monopole on a single site and/or the distribution of multiple antenna(s) on existing or relocated elevated support structures may be allowed under conditional use in nonresidential zones if the planning commission finds such an arrangement complies with section 13.83.010, "Purpose", of this chapter. (Ord. 2012-15, 9-20-2012)

      2.   The height limit for monopoles is sixty feet (60') in all residential zones and the C-1 zone. The planning commission may allow a monopole up to eighty feet (80') in the C-2 zone if it finds: a) that the monopole will blend in with the surrounding structures, poles, or trees and is compatible with surrounding uses; b) the monopole will be available for collocation with other companies; and c) the monopole will be set back at least three hundred feet (300') from any residential zone boundary. The height shall be measured from the top of the structure, including antennas, to the original grade directly abutting the monopole. A facility for the erection of a monopole as a stealth facility for the distribution of antenna in the public or "P" zone may be allowed to exceed eighty feet (80'), but not more than one hundred feet (100') if the planning commission finds: (Ord. 2015-02, 2-5-2015)

         a.   That the monopole(s) and/or antenna(s) will, as per the definition of "wireless telecommunications, stealth" in section 13.04.040 of this title, be proposed, to the greatest extent possible, to blend in with the surrounding structures, poles, or trees and is compatible with surrounding uses;

         b.   The monopole(s) where feasible, shall be available for collocation with other companies to encourage joint use of new and existing facilities;

         c.   Monopoles shall be set back from any residential structure a distance equal to its height.

      3.   In all R-1 and R-2 zones, monopoles will only be allowed in conjunction with an existing public or quasi-public use. "Public" and "quasi-public uses", as defined in section 13.04.040 of this title, include, but are not limited to, churches, schools, utilities, and parks.

      4.   No monopoles shall be allowed in the front yard setback of any lot.

      5.   Monopoles shall be set back from any residential structure a distance equal to its height.

      6.   Stealth monopole facilities are encouraged and shall be allowed to vary from the provisions of this section as determined by community development department for permitted uses and the planning commission for conditional uses. Stealth monopoles are not required to be located with public or quasi-public uses in all R-1 and R-2 zones. (See section 13.83.050 of this chapter.)

   D.   Lattice Tower: Lattice towers are not allowed. (Ord. 2012-15, 9-20-2012)

Monopoles, antennas, and any associated buildings or equipment shall be painted to blend with the surroundings which they are most commonly seen. The color shall be determined on a case by case basis by the planning commission for conditional uses and community development department for permitted uses. Within six (6) months after the facility has been constructed, the planning commission or the community development department may require the color be changed if it is determined that the original color does not blend with the surroundings. (Ord. 2012-15, 9-20-2012)

For the purpose of this chapter the foothills and canyons are defined as the areas shown on the zoning map as foothills and canyons overlay zone.

   A.   Grading; Zone Requirements: Any grading for telecommunication facilities, including access roads and trenching for utilities, shall comply with the international building code. Telecommunication facilities in the foothills and canyons shall comply with the FR zone requirements for grading (section 13.12.090 of this title), natural vegetation (section 13.12.100 of this title), utilities (section 13.12.110 of this title) and the foothills and canyons site development and design standards (chapter 13.73 of this title). Everything possible should be done to minimize disturbance of the natural environment.

   B.   Visual Simulation: A computer generated visual simulation of the proposed structures is required for all sites in the foothills and canyons. The simulation shall show all structures, including, but not limited to, monopoles, antennas, and equipment buildings.

   C.   Disturbances: Everything possible should be done to minimize disturbance of the visual environment. Site placement and color should be carefully considered to blend in with the surroundings.

   D.   Outside Lighting: Continuous outside lighting is prohibited unless required by the FAA for the monopole. (Ord. 2012-15, 9-20-2012)

The following shall be considered by the planning commission for conditional uses:

   A.   Compatibility: Compatibility of the proposed structure with the height and mass of existing buildings and utility structures.

   B.   Existing Structures: Location of the antenna on other existing structures in the same vicinity such as other monopoles, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., where possible without significantly impacting antenna transmission or reception.

   C.   Existing Vegetation: Location of the antenna in relation to existing vegetation, topography including ridgelines, and buildings to obtain the best visual screening. (Ord. 2012-15, 9-20-2012)

   D.   Spacing: Spacing between monopoles which creates detrimental impacts to abutting properties. (Ord. 2015-02, 2-5-2015)

   E.   Installation Of Curb, Gutter, Etc.: Installation of, but not limited to, curb, gutter, sidewalk, landscaping, and fencing as per sections 13.76.210 and 13.08.040 of this title. (Ord. 2012-15, 9-20-2012)

Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. All utility lines on the lot leading to the accessory building and antenna structure shall be underground. (Ord. 2012-15, 9-20-2012)

The community development director may require each nonmaintained or abandoned telecommunications facility to be removed from the building or premises when such a facility has not been repaired or put into use by the owner or agent within ninety (90) calendar days after notice of nonmaintenance or abandonment is given to the owner or agent.(Ord. 2012-15, 9-20-2012; amd. Ord. 2023-10, 9-7-2023)

A building permit from the community development department is required for all wireless telecommunications facilities, including, but not limited to, monopoles, and roof and wall mounted antennas. (Ord. 2012-15, 9-20-2012)

The illustrations, in section 13.83.060, figures 1, 2-A, and 3 of this chapter, are intended to demonstrate graphically the intent of this chapter. (Ord. 2012-15, 9-20-2012)

Antennas on utility poles and associated electrical equipment shall be allowed subject to the following standards:

   A.   Antennas:

      1.   The antennas shall be located either on an existing utility pole or on a replacement pole in the public right of way or in a rear yard utility easement.

      2.   On an existing pole, the antennas shall not extend more than ten feet (10') above the top of the pole.

      3.   If the utility pole is replaced to accommodate the antennas, the replacement pole shall not be more than ten feet (10') higher than the existing pole. If the replacement pole exceeds the height of the existing pole, the antennas shall be mounted to the sides of the pole and shall not extend above the top of the pole.

      4.   The antennas, including the mounting structure, shall not exceed two feet (2') in diameter.

      5.   Where technically possible, stealth shielding of the antennas shall be used to make the antennas appear as a vertical extension of the pole.

      6.   Antennas located in the public right of way shall be a permitted use and shall comply with the standards listed above.

      7.   Conditional use approval is required for antennas located in a rear yard utility easement in all zoning districts.

   B.   Electrical Equipment:

      1.   Electrical Equipment Located In The Public Right Of Way, Front Yard Or Side Yard:

         a.   Electrical equipment in the public right of way shall either be attached directly to the utility pole or placed underground.

         b.   If the electrical equipment is attached to the pole, the boxes shall not be larger than thirty six inches (36") in height, twelve inches (12") deep and no wider than twenty inches (20"). No more than five (5) such boxes shall be mounted on the utility pole to which it is attached (excluding the power meter and network interface box). The boxes shall be stacked vertically, one above the other, and shall be at least ten feet (10') above the ground. The power meter and network interface box may be installed below the ten foot (10') level.

         c.   Electrical equipment in the required front or side yard shall be placed underground.

         d.   Electrical equipment placed underground or on a utility pole in the public right of way shall comply with the requirements of the city.

      2.   Electrical Equipment In The Rear Yard:

         a.   Electrical equipment located in the rear yard area of a lot in a residential or FR zone shall not exceed a width of four feet (4'), a depth of three feet (3'), or a height of four feet (4') to be considered a permitted use.

         b.   Electrical equipment exceeding the dimensions listed above shall be reviewed as a conditional use pursuant to the requirements of section 13.08.040 of this title.

         c.   The electrical equipment located in a rear yard shall conform to the lot area, coverage and location requirements for an accessory structure in the underlying zoning district.

      3.   Electrical Equipment In Rear Of Other Districts: Electrical equipment located in the rear yard area of all zoning districts other than those listed in subsection B2 of this section shall be allowed where a principal or accessory structure is allowed, and shall be subject to the applicable land use standards for such a structure.

   C.   General Provisions:

      1.   The application shall include the signature of the authorized agent of the owner of the utility pole.

      2.   Antennas and equipment boxes on utility poles shall be painted to match the pole to which it is attached to minimize visual impacts.

      3.   Generators or noise producing venting systems shall not be used.

      4.   Lighting for aircraft is prohibited except where required by federal law.

      5.   Electrical and utility cables between the utility pole and electrical boxes shall be placed underground. (Ord. 2012-15, 9-20-2012)

Collocation of wireless telecommunications equipment and antenna arrays on existing monopoles are permitted uses under the following conditions:

   A.   Height Limit: The height limit for equipment and antenna arrays collocated on an existing monopole does not exceed sixty feet (60') except that the planning commission may allow a monopole up to eighty feet (80') in the C-2 zone and up to one hundred feet (100') in the public use zone.

   B.   Equipment Increasing Height: No equipment or antenna array shall increase the height of an existing monopole more than twenty feet (20').

   C.   Scale; Color: The scale and color of equipment and antenna arrays collocated on the monopole is compatible with the scale and color of the existing structure.

   D.   Less Than Sixty Feet: Wireless telecommunications facilities which collocate on existing monopoles and do not exceed sixty feet (60') in height may be approved by the community development director under the guidelines outlined in this chapter. (Ord. 2012-15, 9-20-2012)

Amateur radio facilities as defined in chapter 13.04 of this title are primarily governed by restrictions provided by the FCC and this section shall defer to federal provisions for amateur radio operations. For application in a residential zone the following regulations must be followed:

   A.   The tower and antenna are located on a residential property.

   B.   The maximum height of any amateur radio tower and its associated antenna does not exceed sixty four feet (64').

   C.   No tower, antenna or its support structure, equipment or any accompanying structure for equipment shall be placed in the front yard of any lot.

   D.   No more than one amateur radio tower facility may be located on any lot.

   E.   The tower, antenna and its support structure shall not be attached to or mounted upon the front or corner side of any principal building facing a public street, including any portion of the building roof facing any public street.

   F.   The tower, antenna and its support structure shall satisfy the requirements of international building code section 3108: Radio and television towers including the issuance of a building permit and required inspections.

   G.   The owner of the amateur radio facility shall procure and maintain general liability insurance in the aggregate amount of not less than one million dollars ($1,000,000.00) insuring the tower, antenna, and related structures.

   H.   No wire, antenna, array or any other part of the structure may overhang onto an adjacent property. (Ord. 2012-15, 9-20-2012)

Wireless telecommunication facilities, as that term and all related terms are defined in chapter 13.04 of this title, may be allowed in the FR zones provided:

   A.   The wireless telecommunication facility is either a wall mounted, roof mounted, or monopole facility. Facilities located on lattice towers are prohibited; and

   B.   Grading for the facility, including access roads and trenching for utilities, shall comply with the international building code; and

   C.   The facility complies with the requirements for development set forth in chapter 13.72, "Foothills And Canyons Overlay Zone", of this title, including development standards for grading, wildlife habitat protection, tree and vegetation protection, natural hazards, and utilities, and standards for establishing limits of disturbance; and

   D.   Site placement and facility color shall be carefully considered to blend in with the natural surroundings; and

   E.   Continuous outside lighting is prohibited unless required by the FAA for monopole facilities; and

   F.   The maximum height for monopole facilities shall be sixty feet (60'); and

   G.   A computer generated visual simulation of the proposed structure is submitted as part of the required site plan and shall show all structures, including, but not limited to, monopoles, antennas, and equipment buildings; and all other applicable requirements set forth in this chapter, are satisfied. (Ord. 2012-15, 9-20-2012)