The following performance standards and incentives are established in order to ensure proper siting exclusive to wireless communication facilities (WCF) in accordance with the public health, safety, and general welfare.

(Ord. 853 §2, 1998).

The purpose and intent of this chapter is to provide for a wide range of locations and options for siting wireless communication providers while minimizing the unsightly characteristics associated with WCF and to encourage creative approaches in locating WCF which will blend in with the surroundings.

(Ord. 853 §3, 1998).

(a)

Micro facilities.

(1)

Micro facilities are permitted in all zones.

(2)

A micro facility shall be located on existing buildings, poles or other existing support structures. A micro facility may locate on buildings or structures provided that the interior wall or ceiling immediately adjacent to the facility is not designated habitable space as defined by the Uniform Building Code.

(3)

Antennas equal to or less than four feet in height including omni-directional antennas are exempt from the height limitation of the zone in which they are located. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.

(4)

The micro facility 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.

(5)

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

(6)

The city planning director shall review micro facilities for compliance with this chapter.

(b)

Mini Facilities.

(1)

Mini facilities are permitted in all zones except single-family residential (R-1 and R-1P) zones. Mini facilities may also be permitted in single-family residential (R-1 and R-1P) zones if attached to public buildings.

(2)

The mini facility may be located on buildings or structures provided that the immediate interior wall or ceiling adjacent to the facility is not a designated habitable space as defined by the Uniform Building Code.

(3)

The mini facility 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.

(4)

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

(5)

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 feet, or in the case of nonconforming structures the antennas may extend ten feet above the existing structure. Panel antennas may exceed the height limitation of ten feet 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.

(6)

The city planning director shall review mini facilities for compliance with this chapter.

(c)

Macro Facilities.

(1)

Macro facilities are permitted in all zones except residential (R-1, R-1P, R2 and R3) zones. Macro facilities may also be located in residential zones if attached to public buildings.

(2)

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 habitable space as defined by the Uniform Building Code.

(3)

A macro facility 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.

(4)

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

(5)

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 feet, or in the case of nonconforming structures the antennas may extend fifteen feet above the existing structure. Panel antennas may exceed the height limitation by fifteen feet 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.

(6)

The city planning director shall review macro facilities for compliance with this chapter.

(d)

Monopole I.

(1)

Monopole I facilities are permitted without a conditional use permit in the light industrial (L-I), and institutional zones. Monopole I facilities are permitted in the schools and public lands, parks/open space and commercial (C-1) zones subject to the approval of a conditional use permit.

(2)

Monopole I facilities are not permitted in residential zones.

(3)

Antennas equal to or less than fifteen feet in height or up to four inches in diameter may be a component of monopole I facility. Antennas that 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 feet and maximum height of antennas which may be installed on the support structure could be fifteen feet, making the maximum permitted height of the support structure and antennas seventy-five feet (sixty feet plus fifteen feet).

(4)

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

(5)

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.

(6)

Monopole I facilities adjacent to or within seventy-five feet of a single-family residential zone, shall be set back from said zone a distance equal to the height of the wireless communication support structure.

(7)

The city planning director shall review monopole I facilities for compliance with this chapter.

(e)

Monopole II.

(1)

Monopole II facilities shall require a conditional use permit.

(2)

Monopole II facilities are only permitted in the light industrial (L-I) and institutional zones.

(3)

Monopole II facilities shall be designed to accommodate two or more wireless communications facilities on the wireless communications support structure.

(4)

Co-location on an existing support structure shall be permitted without an additional conditional use permit.

(5)

Macro facilities are the largest permitted wireless communication facilities allowed on a monopole II facility. Antennas that extend 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 fifty feet and the maximum height of antennas which may be installed on the support structure could be fifteen feet, making the maximum permitted height of the support structure and antennas one hundred sixty-five feet (one hundred fifty feet plus fifteen feet).

(6)

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 or screened.

(7)

Monopole II facilities adjacent to or within one hundred sixty-five feet of a residential zone, shall be set back from said zone a distance equal to the height of the wireless communication support structure.

(8)

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

(9)

The city planning director shall review monopole II facilities for compliance with this chapter.

(f)

Lattice Towers.

(1)

Lattice towers are only permitted in the light industrial (L-I) and institutional zones and shall be built to accommodate the location of two or more wireless communications facilities.

(2)

Lattice towers that exceed seventy-five feet in height or are located within three hundred feet of a residential zone shall require a conditional use permit.

(3)

Co-locations on an existing support structure shall be permitted without an additional conditional use permit.

(4)

Macro facilities are the largest permitted wireless communication facilities allowed on a lattice tower. Antennas that 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 (without a conditional use permit) for a lattice tower shall be one hundred fifty feet and the maximum height of antennas which may be installed on the support structure could be fifteen feet, making the maximum permitted height of the support structure and antennas one hundred sixty-five feet (one hundred fifty feet plus fifteen feet).

(5)

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 shall be concealed, screened, or placed.

(6)

The city planning director shall review lattice tower facilities for compliance with this chapter.

(7)

Lattice towers adjacent to a residential zone, shall be set back from said zone a distance equal to or greater than the height of the wireless communication support structure.

(8)

Lattice towers shall be separated from each other by a distance equal or greater than two thousand six hundred forty feet.

(Ord. 853 §4, 1998).

In addition to the conditional use permit criteria specified in MLMC Section 17.48.080, Conditional Use Permits and Section 17.48.090, Conditional Use Permits—Conditions and Requirements, the following specific criteria shall be met before a conditional use permit can be granted:

(1)

Visual Impact.

(A)

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

(B)

Site location and development shall preserve the pre-existing character of the surrounding buildings and 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 designed 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.

(C)

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

(D)

Landscaping. Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.

(E)

Screening. The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the monopole I, monopole II, and lattice tower and accessory structures except that the city may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements:

(i)

A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall be planted around the perimeter of the fence, and

(ii)

A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty-eight inches within eighteen months shall be planted in front of the tree line referenced above.

(iii)

In the event that landscaping is not maintained at the required level, the city after giving thirty days' advanced written notice may maintain or establish the landscaping and bill both the owner and lessee for such costs until such costs are paid in full.

(2)

Noise. As a condition the service provider of the wireless communication facilities (WCF) will need to provide information regarding the dB reading associated with the structure as measured from the nearest property line.

(3)

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. 853 §5, 1998).

(Ord. No. 1130, § 69, 11-19-2024)

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. 853 §6, 1998).

A wireless communications facility or attached wireless communications facility owner shall notify the city in writing in the event the facility use ceases. The facility owner shall remove the facility within six months of the date it ceases to be operational or if the facility falls into disrepair.

(Ord. 853 §7, 1998).

(1)

"Accessory antenna device" means an antenna including, but not limited to, test mobile antennas and global positioning (GPS) antennas which are less than twelve inches in height or width, excluding the support structure.

(2)

"Antenna" means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.

(3)

"Omni-directional antenna" also known as a "whip" antenna) transmits and receives radio frequency signals in a three hundred sixty degree radial pattern. For the purpose of this chapter, an omni directional antenna is up to fifteen feet in height and up four inches in diameter.

(4)

"Directional antenna" (also known as a "pane" antenna) transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees.

(5)

"Parabolic antenna" (also known as a dish antenna) means a bowl-shaped device for the reception and/or transmission radio frequency communications signals in a specific directional pattern.

(6)

"Attached wireless communication facility" means a wireless communication facility that is affixed to an existing structure.

(7)

"Co-location" means when more than one wireless communications provider mounts equipment on a single support structure, (i.e. building, monopole, lattice tower).

(8)

"Equipment shelter or cabinet" means a room, cabinet or building used to house equipment for utility or service providers.

(9)

"Guyed tower" means a wireless communication support structure which is usually over one hundred feet tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. Guyed towers are often constructed in rural areas and are used to support antennas and related equipment.

(10)

"Lattice tower" means a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.

(11)

"Macro facility" means an attached wireless communication facility which consists of antennas equal to or less than fifteen feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than one hundred square feet in the aggregate as viewed from any one point.

(12)

"Micro facility" means an attached wireless communication facility, which consists of antennas equal to or less than four feet in height (except omni directional antennas which may be up to six feet in height) and with an area of not more than five hundred eighty square inches in the aggregate (e.g. one foot diameter parabola or two feet × one and one-half feet panel) as viewed from any one point. The permitted antenna height includes the wireless communication facility support structure.

(13)

"Mini facility" means an attached wireless communication facility which consists of antennas equal to or less than ten feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with area not more than fifty square feet in the aggregate as viewed from anyone point.

(14)

"Monopole I" means a wireless communication facility that consists of a support structure, the height of which shall not exceed sixty feet.

(15)

"Monopole II" means a wireless communication facility which consists of a wireless communications support structure, greater than sixty feet and less than one hundred fifty feet in height erected to support wireless communication antennas and connecting appurtenances.

(16)

"Related equipment" means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

(17)

"Transmission tower" means a freestanding structure, other than a building, on which communication devices are mounted. Transmission towers may serve either as a major or minor communication facility. Examples include, but are not limited to, monopoles, lattice towers and guyed towers.

(18)

"Wireless communication facility" means an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g. omni-directional, panel/directional or parabolic) and related equipment.

(19)

"Wireless communication support structure" means the structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers.

(Ord. 853 §8, 1998).