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Mccall City Zoning Code

CHAPTER 19

WIRELESS COMMUNICATION FACILITIES

3.19.01: PURPOSE:

   (A)   Title: This chapter shall be known as the wireless communications facilities chapter.
   (B)    Purpose: The purpose of this chapter is to ensure that the placement, design and operation of wireless communication facilities are consistent with the goal of the McCall Area Comprehensive Plan to ensure a broad range of communications services, while promoting the sharing of facilities and the efficient use of land; minimizing the use of towers; avoiding conflict with other public facilities and utilities; and assuring compatibility with adjacent and nearby land use. This chapter establishes standards for wireless communication facilities in order to accomplish the following:
      1.   To identify appropriate locations for wireless communication facilities with preference given to appropriate public locations.
      2.   To identify criteria for the placement of camouflaged facilities on existing structures and existing utility poles, camera standards, and sign structures and such structures that may be enlarged to accommodate wireless antennas in public rights-of-way and on public properties.
      3.   To encourage shared use (collocation) of new wireless communication facilities and limit locations to key areas in the McCall Area.
      4.   To recognize that, because of the need to have wireless communication facilities that are compatible with surrounding areas, optimal coverage may not be feasible for every wireless service at every location in the McCall Area.
      5.   To screen and camouflage wireless communication poles to reduce visual impact.
   (C)   Applicability:
      1.   The provisions of this chapter apply to all wireless communication facilities existing, proposed, or modified located within the McCall Area, on public or privately-owned land or within the public right-of-way.
      2.   Exclusions: These provisions and criteria do not apply to non-commercial satellite dish antennae, radio and television transmitters and antennae, and facilities incidental only to residential use. See section 3.8.08 for provisions for these antennas. (Ord. 987, 4-9-2020)

3.19.02: GENERAL LOCATIONS:

   (A)   Preference Locations:
      1.   Wireless communication facilities should be located within public zoning districts whenever feasible and appropriate.
      2.   Wireless communication facilities should be located on existing nonresidential buildings and existing utility poles or monopoles.
      3.   Major wireless communication facilities should be located at least one thousand feet (1,000') in distance from schools, child daycare centers, hospitals, and residential structures.
      4.   Where facilities can be consolidated onto a site and meet the standards of this chapter, such collocation is encouraged.
   (B)   Zoning District Locations:
      1.   The use regulation tables that appear in this Title 3 for each zoning district identify the zoning districts where wireless communication facilities are allowed through an administrative or conditional use permit.
      2.   Major wireless communication facilities are not allowed in any shoreline and scenic route overlay districts.
   (C)   Public Right-Of-Way Locations:
      1.   Small scaled wireless communication facilities are allowed within the public right-of-way with a preference for mid-block over intersection locations.
      2.   Major wireless communication facilities are allowed in the public-right-of-way adjacent to the CC, I, AF, CV, and AP zoning districts. (Ord. 987, 4-9-2020)

3.19.03: DEVELOPMENT STANDARDS:

   (A)   Dimensional Standards: Wireless communication facilities shall comply with all dimensional requirements for structures within the applicable zoning district, except as allowed through the conditional use permit, and including additional provisions as set forth in subsections 1 and 2 below.
       1.   Additional setback provisions are as followed:
         a.   There are no setback requirements for small scale wireless communication facilities installed on utility, street or light poles.
         b.   The maximum projection for a wireless communication facility attached to a building façade is eighteen inches (18").
         c.   Facilities attached to a building roof shall be setback a distance equal to the facility height or ten feet (10') from the building roof edge, whichever is more.
         d.   Setbacks for monopoles shall be one hundred and twenty- five percent (125%) of the tower height as measured from the ground level and from the base of the pole to the property line of the parcel on which it is located.
      2.   Additional height provisions are as follows:
         a.   Roof attached facilities shall not exceed five feet (5') above the highest portion of the roof, except for the wireless antenna and support system for whip antennas shall not exceed ten feet (10') above the highest portion of the roof.
         b.   Facade attached facilities shall not exceed five feet (5') above the facade to which it is attached.
         c.   Utility, street or light pole attached facilities shall not extend more than six feet (6') above the existing pole.
   (B)   Small scale wireless communication facilities shall meet the following dimensional requirements:
      1.   Each wireless antenna shall fit within an enclosure of no more than three (3) cubic feet in volume.
      2.   All other wireless equipment associated with the antenna, cumulatively exceeds no more than twenty-eight (28) cubic feet in volume.
      3.   The height of the pole, including the small-scale wireless facility, shall not exceed the height allowed in the zoning district where the pole is located.
   (C)   Stealth Design: Wireless communication facilities shall be designed to visually and operationally blend into the surrounding area, in a manner compatible with the local community character by following these requirements:
      1.   If used, any noise generating equipment shall not emit more than fifty (50) decibels.
      2.   All mono poles shall be designed as a "mono-pine" that resembles a pine tree with the following design:
         a.   The monopine branches shall begin above vertical grade and continue to the top of the structure and have a branch density that matches the surrounding trees.
         b.   All branches shall be arranged in natural order with the widest branches at the lowest portion of the monopine tapering to the shortest branches at the top of the monopine.
         c.   Wireless antennas shall be mounted within the foliage of the monopine and all branches at the height of the antennas shall extend beyond the panels and mounting hardware.
         d.   All wireless antennas shall have camouflaged foliage covers with needles and branches to provide maximum camouflage.
         e.   The center structure shall be painted a brown color or textured to match the existing trees. The color of the needles shall be complimentary to the surrounding vegetation.
      3.   Small scale wireless communication antennas mounted on buildings shall blend with the existing building's architecture by painting or shielding with material which is consistent with the design features and materials of the building.
      4.   Small scale wireless communication antennas located on street poles shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. An antenna not flush mounted on the side of the street pole shall be centered on the top of the street pole to which it is attached and camouflaged or disguised.
   (D)   Location Standards:
      1.   Any stand-alone small-scale wireless facility shall not block windows, primary walkways, or any building entrances, and shall be located to ensure proper sight distance for both vehicles and pedestrians.
      2.   When located within a city right-of-way, wireless communication facilities shall not impede existing and future facilities, including sidewalks, stormwater infrastructure, water infrastructure, and electric infrastructure, and other infrastructure included in adopted city plans.
      3.   Major wireless communication facilities shall be located on sites within stands of trees to blend in with the natural surroundings.
   (E)   Screening: All accessory equipment shall be screened from adjacent properties to be compatible with the surrounding built and/or manmade surroundings, including by locating the equipment within a structure or enclosure with parapet walls, screen walls, fencing, landscaping and/or berming.
   (F)   Landscaping: All major wireless communication facilities shall provide a landscape plan for approval through the design review process. Landscaping shall comply with the following requirements:
      1.   Impacts to existing mature landscaping shall be minimized and if required to be removed, replacement shall be provided of equivalent species and size at maturity.
      2.   Landscaping shall be sufficient to screen the above ground support structures and associated equipment from public view.
      3.   The landscape plan shall identify the location of landscaping to be removed and that to be planted by species and size, and the landscaping planned to buffer and screen the site.
   (G)   Structural Integrity: All installations of wireless communication facilities, free-standing, as an addition to an existing pole or on a building, shall demonstrate that the installation is engineered to maintain structural integrity. (Ord. 987, 4-9-2020)

3.19.04: PROHIBITIONS:

   (A)   Towers, typically consisting of a structure with three (3) or four (4) support legs, and lattice work for lateral support, shall be prohibited.
   (B)   No freestanding wireless communication facilities, including equipment enclosures shall be located between the face of a habitable building and a public street, trail, or park.
   (C)   No wireless communication equipment shall be mounted on any decorative pole. (Ord. 987, 4-9-2020)

3.19.05: PERMITS AND APPLICATIONS:

   (A)   Major wireless communication facilities proposed in all zoning districts shall require design review approval as set forth in Chapter 16 Design Review of this Title.
   (B)   Major wireless communication facilities proposed in all zoning districts shall require approval of a conditional use permit as set forth in Chapter 3.13.03 Conditional Use Permit of this Title. In addition to the application requirements set forth in Chapter 3.13.032, the following submittals are required:
      1.   A description of the location, type, capacity, field strength or power density, and calculated geographic service area of the proposed wireless antenna or antenna array. In instances of applications that generate public controversy, the city retains the right to retain experts, at the applicant's expense, to review and assess the technical data.
      2.   Documentation that the applicant has obtained and follows all applicable licenses, permits or authorizations required by the Federal Communications Commission.
      3.   Location of all existing, proposed and anticipated wireless communication facilities in the applicant's network located in the city, or within one (1) mile of the city limits, in any direction.
      4.   A description of how the proposed facility fits into, and is a necessary part of, the applicant's network.
      5.   If the proposal does not include collocation, written documentation of all efforts made to collocate at another site, and a justification for the decision not to collocate.
      6.   In the instance where a facility is proposed within one thousand feet (1,000') of any school, child daycare center, hospital or residential dwelling, the applicant shall submit a narrative description of alternative sites considered, if any, and include specific reasons these alternative sites were deemed infeasible.
      7.   Documentation of the potential for any interference with the city or any public safety wireless communication systems.
   (C)   All wireless communication facilities proposed for location within the public right-of-way shall obtain a public works permit from the City Public Works Department. (Ord. 987, 4-9-2020)

3.19.06: OPERATION, MODIFICATION AND ABANDONMENT:

   (A)   Lighting: All lighting shall comply with the provisions of Chapter 14 Outdoor Lighting of this Title. Security lighting shall be kept to a minimum and should only be triggered by a motion detector where practical.
   (B)   Maintenance: All facilities, landscaping, and related equipment shall be maintained in a safe and responsible working order and free from trash, debris, graffiti and designed to discourage vandalism. Stealth design features, including color and camouflage, shall also be maintained. Any damaged equipment shall be repaired or replaced within thirty (30) calendar days. Damaged, dead or decaying plant materials shall be removed and replaced within thirty (30) calendar days.
   (C)   Modifications:
      1.   Modifications, including colocation of new equipment, or the removal or replacement of equipment that does not substantially change the physical dimensions of the facility are allowed up to ten percent (10%) of any dimensional standard set forth in Section 3.19.03.
      2.   Any modification that effects existing elements of the design intended to conceal the facility or does not comply with the findings of fact, conclusions of law or conditions of the decision on the original application shall require a modification approval of the conditional use permit.
   (D)   Abandonment: Any facility that ceases operating for more than ninety (90) consecutive days shall be considered abandoned. In such an event, the applicant must either: a) apply for all permits required at the time of expiration to reactivate the operation; or b) remove all elements of the facility and restore the site. In the event the applicant fails to apply for permits or perform the removal and restoration within these ninety (90) days, the property owner shall have the facility removed. (Ord. 987, 4-9-2020)