Mountain View City Zoning Code
13 Commercial
Mobile Radio Service Facilities
16.13.010 Purpose.
The purposes of this Article are: to facilitate the provision of wireless telecommunications services throughout the Town; to allow the location of commercial mobile radio service facilities (“CMRS facilities”) in the Town subject to certain standards; to act on applications for the location of CMRS facilities within a reasonable period of time; to encourage collocation of CMRS facilities; and to prevent unreasonable discrimination among providers of functionally equivalent services. (Ord. 2019-07-08 §1)
16.13.020 Definitions.
“Base station” means any structure or equipment, other than a tower, at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes any equipment associated with wireless communications services, including radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure, other than a tower, to which any of the equipment described hereof is attached.
“Building roof-mounted CMRS facility” means a CMRS facility that is mounted and supported entirely on the roof of a legally existing building or structure.
“Building wall-mounted CMRS facility” means a CMRS facility that is mounted and supported entirely on the wall of a legally existing building or structure.
“Collocation” means the location of two (2) or more CMRS facilities on the same support structure. Two (2) or more separate CMRS facilities located on one (1) building shall not be considered collocation.
“Commercial mobile radio service facility” or “CMRS facility” means an unmanned facility consisting of antennas and accessory equipment, and used for the reception, switching, transmission or receiving of wireless telecommunications operating at one thousand (1,000) watts or less effective radiated power, and using frequencies authorized by the Federal Communications Commission (“FCC”), including, but not limited to, paging, enhanced specialized mobile radio, personal communication systems, cellular telephone, point-to-point microwave signals, and similar technologies.
“Eligible telecommunications facility request” means any request for the modification of an existing tower or base station that involves the collocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.
“Equipment storage shelter” means buildings, storage shelters and cabinets used to house CMRS facility equipment.
“Freestanding CMRS facility” means a CMRS facility that consists of a standalone support structure, such as a tower or monopole, and antennas and accessory equipment.
“Microwave dish antenna” means a disk-type antenna used to link communication sites together by wireless voice or data transmission.
“Pole-mounted CMRS facility” means a CMRS facility that is mounted and supported entirely on a legally existing traffic signal, utility pole, streetlight, flagpole, freestanding CMRS facility, electric transmission line, or other similar structure.
“Stealth CMRS facility” means a CMRS facility with an alternative design which camouflages or conceals the presence of antennas or towers, such as, but not limited to, artificial trees, clock and bell towers, and steeples.
“Tower” means any structure built for the sole or primary purpose of supporting Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. (Ord. 2019-07-08 §1)
16.13.030 Standards for all CMRS facilities.
(a) Applicability. The standards contained in this Article apply to all applications for location of a CMRS facility in the Town.
(b) Special Exception Required. Application for a special exception pursuant to Section 16.10.090 shall be required prior to location of a CMRS facility in any zone district.
(c) Collocation. The Town encourages collocation of CMRS facilities when feasible to minimize the number of CMRS facility sites. To further the goal of collocation:
(1) No CMRS facility owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Town, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site.
(2) If a telecommunications competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the Town may require a third-party technical study to be completed at the expense of either or both parties to determine the feasibility of collocation.
(d) Compliance with FCC Standards. Upon a request by the Town (on no more than one (1) occasion per year), CMRS facility owners and operators shall verify in writing that:
(1) The CMRS facility complies with the current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and
(2) The CMRS facility complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields.
(3) By adopting this Section, the Town is not attempting to regulate on the basis of radio frequency power densities or electromagnetic fields, which regulation is controlled by the FCC.
(e) Abandonment. If a CMRS facility ceases operation for any reason for one hundred eighty (180) consecutive days:
(1) All approvals shall expire; and
(2) The facility owner or operator shall remove it on or before the two hundred seventieth (270th) day. If the facility owner or operator fails to remove the facility, removal shall be the responsibility of the landowner(s).
(f) Equipment Storage Shelters.
(1) The total area of all equipment storage shelters shall not exceed four hundred (400) square feet per CMRS facility.
(2) Equipment storage shelters located outside shall be screened from view by vegetation, fencing, or comparable screening.
(3) Equipment storage shelters shall be grouped as closely together as technically possible.
(4) No equipment storage shelter shall exceed fifteen (15) feet in height. (Ord. 2019-07-08 §1)
16.13.040 Freestanding CMRS facilities.
(a) Minimum Setbacks. A freestanding CMRS facility shall be set back from each property line one (1) foot of distance for every foot of facility height.
(b) Height. A freestanding CMRS facility, including antennas, shall not exceed the maximum structure height limit in the underlying zone district unless the special exception specifically allows the facility to exceed that height. In no case shall a freestanding CMRS facility exceed one hundred (100) feet in height.
(c) Design Standards. A freestanding CMRS facility shall adhere to the following design standards to minimize impacts:
(1) The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.
(2) Existing landforms, vegetation and structures shall be used to screen the facility from view and blend in the facility with the surrounding environment.
(3) Existing vegetation shall be preserved or enhanced, where feasible.
(4) All freestanding CMRS facilities shall accommodate collocation of facilities, unless collocation is technically unfeasible.
(5) All applicable landscape regulations shall be observed.
(6) Any equipment that could be dangerous to persons or wildlife shall be adequately covered or fenced. (Ord. 2019-07-08 §1)
16.13.050 Building roof- or wall-mounted CMRS facilities.
(a) Design Standards for Building Wall-Mounted CMRS Facilities. A building wall-mounted CMRS facility shall adhere to the following design standards to minimize impacts:
(1) The facility shall be screened from view and/or colored to match the building or structure to which it is attached.
(2) The mounting of antennas shall be as flush to the building wall as possible, and in no case shall the antennas extend more than three (3) feet out from the building wall.
(3) The facility shall not extend above the highest point of the building, including parapets but excluding equipment and facilities on the roof.
(b) Design Standards for Building Roof-Mounted CMRS Facilities. A building roof-mounted CMRS facility shall adhere to the following design standards to minimize impacts:
(1) A building roof-mounted CMRS facility, including antennas, shall not extend more than twelve (12) feet above the highest point of the building on which the facility is mounted, including parapets but excluding facilities and equipment on the roof.
(2) Building roof-mounted CMRS facilities shall not be approved on pitched roofs, unless located entirely within a dormer or cupola.
(3) A building roof-mounted CMRS facility shall be screened from view and/or colored to match the building or structure to which it is attached.
(4) The diameter of a microwave dish antenna shall not exceed four (4) feet.
(c) Accessory Equipment. Accessory equipment for a building roof- or wall-mounted CMRS facility, including equipment storage shelters, shall be placed inside the building if feasible. (Ord. 2019-07-08 §1)
16.13.060 Pole-mounted CMRS facilities.
(a) Design Standards. A pole-mounted CMRS facility shall adhere to the following design standards to minimize impacts:
(1) The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.
(2) The facility shall be colored to match the pole to which it is attached.
(b) Height. A pole-mounted CMRS facility shall comply with the applicable height limits of the underlying zone district, unless the special exception specifically allows the facility to exceed that height. (Ord. 2019-07-08 §1)
16.13.070 Application and approval procedures.
(a) Application. An application for a special exception for a CMRS facility shall include the following:
(1) Payment of the application fee.
(2) A site plan on twenty-four (24) inch by thirty-six (36) inch sheets, which includes the following:
a. The location of all proposed and existing structures and improvements on the property;
b. A landscape plan, if applicable;
c. A north arrow;
d. Scale (written and graphic);
e. Scaled building elevations, if applicable;
f. A legal description of the property; and
g. A lighting plan, if applicable.
(3) A title commitment or other proof of ownership of the property, or if the property is leased, a copy of the fully executed lease. The lease may be edited to black out or redact portions which the applicant does not want to become a public record, except: the term of the lease; any renewal provisions; provisions relating to termination of the lease; provisions relating to modification or removal of the facility; and the signature page.
(4) Photographic simulations showing the proposed facility and the structure on which it will be mounted, if applicable.
(5) A written, narrative statement describing in detail how the proposed CMRS facility will comply with each of the applicable design standards outlined in this Section.
(6) Preliminary design drawings and antenna specifications.
(7) Evidence of FAA approval, if applicable.
(b) Application Submittal. The applicant shall submit the completed application, including all items listed in Subsection (a) of this Section, to the Town Clerk.
(c) Procedure.
(1) Public Hearing. The Town Council shall hold a public hearing on the application for special exception for a CMRS facility.
(2) Notice. At least fifteen (15) days prior to the public hearing, there shall be published in a newspaper of general circulation in the Town a notice, indicating the time, place and nature of the public hearing. The same information shall also be posted on the property at least fifteen (15) days prior to the public hearing.
(3) Conduct of Hearing. At the public hearing, all parties in interest and members of the general public shall have an opportunity to be heard.
(d) Criteria for Approval or Denial. At the public hearing, the Town Council shall consider whether the proposed CMRS facility complies with the design standards outlined in this Article.
(e) Decision. The Town Council’s decision shall be final, and the final decision by the Town to approve or deny an application under this Article shall be in writing and supported by substantial evidence contained in a written record.
(f) Conditions. The Town Council may require, as a condition of approval of a special exception for a CMRS facility, any reasonable conditions necessary: to improve or modify the development plan; to ensure that any negative impacts of the proposed use are eliminated or mitigated; and to ensure that the proposed development and use will be commenced and fully completed in a timely fashion.
(g) Expiration. If construction of the CMRS facility is not commenced within one hundred eighty (180) days of issuance of the special exception, the special exception shall expire. If there is an appeal of the Town Council’s decision, the time period shall not begin until the appeal is finally resolved.
(h) Change in Ownership. In the event there is a change in either the owner or operator of CMRS facility, a new special exception shall not be necessary. The new owner or operator shall: notify the Town of the change within fifteen (15) days after the date the change becomes effective; register such change with the Town by providing the name and business address of the new owner or operator; verify in writing that the new owner or operator understands the terms of the special exception; and pay to the Town an inspection fee, as established by resolution. Upon receipt of notification of a change in ownership, the Town may inspect the property to make certain that the new owner or operator is complying with all of the terms and conditions of the special exception.
(i) Modification.
(1) Any modification to a CMRS facility that differs from the original design that was approved by the Town shall require a new application and approval. Notwithstanding the foregoing, the Town may, in its sole discretion, waive or postpone the submittal of any application requirement detailed in this Section when considering a modification request.
(2) Any request for a modification that does not substantially change the dimensions of an existing freestanding or pole-mounted CMRS facility or a related equipment storage shelter shall be approved by the Town. For purposes of this Subsection, “substantially change” shall mean any increase in size, mass or height that is greater than ten percent (10%) of the size, mass or height of the existing freestanding or pole-mounted CMRS facility or related equipment storage shelter for which a modification is requested.
(3) Any application for a modification to a CMRS facility shall be reviewed by the Town within ninety (90) days of the Town’s receipt of the completed modification application.
(j) Application Fee. The application fee for a special exception for a CMRS facility shall be set by resolution of the Town Council. (Ord. 2019-07-08 §1)
16.13.080 Eligible telecommunications facility requests.
Any modification to a CMRS facility that differs from the original design that was approved by the Town shall require a new application and approval. Notwithstanding the foregoing, the Town may, in its sole discretion, waive or postpone the submittal of any application requirement detailed in this Section when considering a modification request.
(a) Expedited Review.
(1) An eligible telecommunications facility request shall be approved or denied by the Town within sixty (60) days of the date of the Town’s receipt of the completed application. This time period may be tolled only by mutual agreement or where an application is incomplete.
(2) If the Town fails to approve or deny an eligible telecommunications facility request within the timeframe for review (accounting for any tolling), the request shall be deemed granted; provided, that this automatic approval shall become effective only upon the Town’s receipt of written notification from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.
(b) Application Materials.
(1) An applicant for an eligible telecommunications facility request shall be required to submit only such documentation and information as is reasonably necessary to determine whether a proposed modification would substantially change the physical dimensions of an eligible tower or base station.
(2) The Town shall prepare, and from time to time revise, and make available an application form which shall be limited to the information necessary for the Town to consider whether an application would substantially change the physical dimensions of an eligible telecommunications facility request. Such information may include, without limitation, whether the project: (a) would result in a substantial change; and (b) violates a generally applicable law, regulation, or other rule reasonably related to public health and safety. The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation.
(c) Incomplete Applications.
(1) When an application is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, clearly and specifically identifying all missing documents or information.
(2) If an application remains incomplete after a supplemental submission, the Town has ten (10) days to once again notify the applicant. Second or subsequent notices of incompleteness may not require the production of documents or information that was not requested in the original notice of incompleteness.
(d) Type of Review.
(1) Upon receipt of an application under this Section, the Town shall review such application to determine whether the application qualifies as an eligible telecommunications facility request.
(2) Denials. A final decision by the Town to deny an eligible telecommunications facility request under this Section shall be in writing and shall provide a description of reasons for the denial.
(3) Approvals.
a. Notwithstanding any other provision of the Code, the Town shall approve an eligible telecommunications facility request that does not substantially change the physical dimensions of a tower or base station.
b. The Town may approve an eligible telecommunications facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of the Code.
c. The Town may condition the approval of any eligible telecommunications facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety.
(e) Substantial Change.
(1) A substantial change in the height of an existing tower or base station occurs when any of the following criteria are found:
a. For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater.
b. For a tower located in a public right-of-way or for a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater.
(2) Changes in height are measured as follows:
a. When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment.
b. When deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012.
(3) A substantial change in the width of an existing tower or base station occurs when any of the following criteria are found:
a. For a tower outside of public right-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.
b. For a tower in public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet.
(4) A substantial change also occurs for any existing tower in a public right-of-way or an existing base station when any of the following criteria are found:
a. When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist.
b. When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets.
(5) A substantial change also occurs for any existing tower or base station when any of the following criteria are found:
a. The change involves installation of more than four (4) new equipment cabinets or the standard number of new equipment cabinets for the technology involved, whichever is less.
b. When the change entails any excavation or deployment outside the current site.
c. When the change would defeat the concealment elements of the eligible support structure.
d. When the change does not comply with conditions associated with the original siting approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in Subsections (e)(1) through (e)(5)(b) of this Section. (Ord. 2019-07-08 §1)
16.13.010 Purpose.
The purposes of this Article are: to facilitate the provision of wireless telecommunications services throughout the Town; to allow the location of commercial mobile radio service facilities (“CMRS facilities”) in the Town subject to certain standards; to act on applications for the location of CMRS facilities within a reasonable period of time; to encourage collocation of CMRS facilities; and to prevent unreasonable discrimination among providers of functionally equivalent services. (Ord. 2019-07-08 §1)
16.13.020 Definitions.
“Base station” means any structure or equipment, other than a tower, at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes any equipment associated with wireless communications services, including radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure, other than a tower, to which any of the equipment described hereof is attached.
“Building roof-mounted CMRS facility” means a CMRS facility that is mounted and supported entirely on the roof of a legally existing building or structure.
“Building wall-mounted CMRS facility” means a CMRS facility that is mounted and supported entirely on the wall of a legally existing building or structure.
“Collocation” means the location of two (2) or more CMRS facilities on the same support structure. Two (2) or more separate CMRS facilities located on one (1) building shall not be considered collocation.
“Commercial mobile radio service facility” or “CMRS facility” means an unmanned facility consisting of antennas and accessory equipment, and used for the reception, switching, transmission or receiving of wireless telecommunications operating at one thousand (1,000) watts or less effective radiated power, and using frequencies authorized by the Federal Communications Commission (“FCC”), including, but not limited to, paging, enhanced specialized mobile radio, personal communication systems, cellular telephone, point-to-point microwave signals, and similar technologies.
“Eligible telecommunications facility request” means any request for the modification of an existing tower or base station that involves the collocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.
“Equipment storage shelter” means buildings, storage shelters and cabinets used to house CMRS facility equipment.
“Freestanding CMRS facility” means a CMRS facility that consists of a standalone support structure, such as a tower or monopole, and antennas and accessory equipment.
“Microwave dish antenna” means a disk-type antenna used to link communication sites together by wireless voice or data transmission.
“Pole-mounted CMRS facility” means a CMRS facility that is mounted and supported entirely on a legally existing traffic signal, utility pole, streetlight, flagpole, freestanding CMRS facility, electric transmission line, or other similar structure.
“Stealth CMRS facility” means a CMRS facility with an alternative design which camouflages or conceals the presence of antennas or towers, such as, but not limited to, artificial trees, clock and bell towers, and steeples.
“Tower” means any structure built for the sole or primary purpose of supporting Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. (Ord. 2019-07-08 §1)
16.13.030 Standards for all CMRS facilities.
(a) Applicability. The standards contained in this Article apply to all applications for location of a CMRS facility in the Town.
(b) Special Exception Required. Application for a special exception pursuant to Section 16.10.090 shall be required prior to location of a CMRS facility in any zone district.
(c) Collocation. The Town encourages collocation of CMRS facilities when feasible to minimize the number of CMRS facility sites. To further the goal of collocation:
(1) No CMRS facility owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Town, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site.
(2) If a telecommunications competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the Town may require a third-party technical study to be completed at the expense of either or both parties to determine the feasibility of collocation.
(d) Compliance with FCC Standards. Upon a request by the Town (on no more than one (1) occasion per year), CMRS facility owners and operators shall verify in writing that:
(1) The CMRS facility complies with the current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and
(2) The CMRS facility complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields.
(3) By adopting this Section, the Town is not attempting to regulate on the basis of radio frequency power densities or electromagnetic fields, which regulation is controlled by the FCC.
(e) Abandonment. If a CMRS facility ceases operation for any reason for one hundred eighty (180) consecutive days:
(1) All approvals shall expire; and
(2) The facility owner or operator shall remove it on or before the two hundred seventieth (270th) day. If the facility owner or operator fails to remove the facility, removal shall be the responsibility of the landowner(s).
(f) Equipment Storage Shelters.
(1) The total area of all equipment storage shelters shall not exceed four hundred (400) square feet per CMRS facility.
(2) Equipment storage shelters located outside shall be screened from view by vegetation, fencing, or comparable screening.
(3) Equipment storage shelters shall be grouped as closely together as technically possible.
(4) No equipment storage shelter shall exceed fifteen (15) feet in height. (Ord. 2019-07-08 §1)
16.13.040 Freestanding CMRS facilities.
(a) Minimum Setbacks. A freestanding CMRS facility shall be set back from each property line one (1) foot of distance for every foot of facility height.
(b) Height. A freestanding CMRS facility, including antennas, shall not exceed the maximum structure height limit in the underlying zone district unless the special exception specifically allows the facility to exceed that height. In no case shall a freestanding CMRS facility exceed one hundred (100) feet in height.
(c) Design Standards. A freestanding CMRS facility shall adhere to the following design standards to minimize impacts:
(1) The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.
(2) Existing landforms, vegetation and structures shall be used to screen the facility from view and blend in the facility with the surrounding environment.
(3) Existing vegetation shall be preserved or enhanced, where feasible.
(4) All freestanding CMRS facilities shall accommodate collocation of facilities, unless collocation is technically unfeasible.
(5) All applicable landscape regulations shall be observed.
(6) Any equipment that could be dangerous to persons or wildlife shall be adequately covered or fenced. (Ord. 2019-07-08 §1)
16.13.050 Building roof- or wall-mounted CMRS facilities.
(a) Design Standards for Building Wall-Mounted CMRS Facilities. A building wall-mounted CMRS facility shall adhere to the following design standards to minimize impacts:
(1) The facility shall be screened from view and/or colored to match the building or structure to which it is attached.
(2) The mounting of antennas shall be as flush to the building wall as possible, and in no case shall the antennas extend more than three (3) feet out from the building wall.
(3) The facility shall not extend above the highest point of the building, including parapets but excluding equipment and facilities on the roof.
(b) Design Standards for Building Roof-Mounted CMRS Facilities. A building roof-mounted CMRS facility shall adhere to the following design standards to minimize impacts:
(1) A building roof-mounted CMRS facility, including antennas, shall not extend more than twelve (12) feet above the highest point of the building on which the facility is mounted, including parapets but excluding facilities and equipment on the roof.
(2) Building roof-mounted CMRS facilities shall not be approved on pitched roofs, unless located entirely within a dormer or cupola.
(3) A building roof-mounted CMRS facility shall be screened from view and/or colored to match the building or structure to which it is attached.
(4) The diameter of a microwave dish antenna shall not exceed four (4) feet.
(c) Accessory Equipment. Accessory equipment for a building roof- or wall-mounted CMRS facility, including equipment storage shelters, shall be placed inside the building if feasible. (Ord. 2019-07-08 §1)
16.13.060 Pole-mounted CMRS facilities.
(a) Design Standards. A pole-mounted CMRS facility shall adhere to the following design standards to minimize impacts:
(1) The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.
(2) The facility shall be colored to match the pole to which it is attached.
(b) Height. A pole-mounted CMRS facility shall comply with the applicable height limits of the underlying zone district, unless the special exception specifically allows the facility to exceed that height. (Ord. 2019-07-08 §1)
16.13.070 Application and approval procedures.
(a) Application. An application for a special exception for a CMRS facility shall include the following:
(1) Payment of the application fee.
(2) A site plan on twenty-four (24) inch by thirty-six (36) inch sheets, which includes the following:
a. The location of all proposed and existing structures and improvements on the property;
b. A landscape plan, if applicable;
c. A north arrow;
d. Scale (written and graphic);
e. Scaled building elevations, if applicable;
f. A legal description of the property; and
g. A lighting plan, if applicable.
(3) A title commitment or other proof of ownership of the property, or if the property is leased, a copy of the fully executed lease. The lease may be edited to black out or redact portions which the applicant does not want to become a public record, except: the term of the lease; any renewal provisions; provisions relating to termination of the lease; provisions relating to modification or removal of the facility; and the signature page.
(4) Photographic simulations showing the proposed facility and the structure on which it will be mounted, if applicable.
(5) A written, narrative statement describing in detail how the proposed CMRS facility will comply with each of the applicable design standards outlined in this Section.
(6) Preliminary design drawings and antenna specifications.
(7) Evidence of FAA approval, if applicable.
(b) Application Submittal. The applicant shall submit the completed application, including all items listed in Subsection (a) of this Section, to the Town Clerk.
(c) Procedure.
(1) Public Hearing. The Town Council shall hold a public hearing on the application for special exception for a CMRS facility.
(2) Notice. At least fifteen (15) days prior to the public hearing, there shall be published in a newspaper of general circulation in the Town a notice, indicating the time, place and nature of the public hearing. The same information shall also be posted on the property at least fifteen (15) days prior to the public hearing.
(3) Conduct of Hearing. At the public hearing, all parties in interest and members of the general public shall have an opportunity to be heard.
(d) Criteria for Approval or Denial. At the public hearing, the Town Council shall consider whether the proposed CMRS facility complies with the design standards outlined in this Article.
(e) Decision. The Town Council’s decision shall be final, and the final decision by the Town to approve or deny an application under this Article shall be in writing and supported by substantial evidence contained in a written record.
(f) Conditions. The Town Council may require, as a condition of approval of a special exception for a CMRS facility, any reasonable conditions necessary: to improve or modify the development plan; to ensure that any negative impacts of the proposed use are eliminated or mitigated; and to ensure that the proposed development and use will be commenced and fully completed in a timely fashion.
(g) Expiration. If construction of the CMRS facility is not commenced within one hundred eighty (180) days of issuance of the special exception, the special exception shall expire. If there is an appeal of the Town Council’s decision, the time period shall not begin until the appeal is finally resolved.
(h) Change in Ownership. In the event there is a change in either the owner or operator of CMRS facility, a new special exception shall not be necessary. The new owner or operator shall: notify the Town of the change within fifteen (15) days after the date the change becomes effective; register such change with the Town by providing the name and business address of the new owner or operator; verify in writing that the new owner or operator understands the terms of the special exception; and pay to the Town an inspection fee, as established by resolution. Upon receipt of notification of a change in ownership, the Town may inspect the property to make certain that the new owner or operator is complying with all of the terms and conditions of the special exception.
(i) Modification.
(1) Any modification to a CMRS facility that differs from the original design that was approved by the Town shall require a new application and approval. Notwithstanding the foregoing, the Town may, in its sole discretion, waive or postpone the submittal of any application requirement detailed in this Section when considering a modification request.
(2) Any request for a modification that does not substantially change the dimensions of an existing freestanding or pole-mounted CMRS facility or a related equipment storage shelter shall be approved by the Town. For purposes of this Subsection, “substantially change” shall mean any increase in size, mass or height that is greater than ten percent (10%) of the size, mass or height of the existing freestanding or pole-mounted CMRS facility or related equipment storage shelter for which a modification is requested.
(3) Any application for a modification to a CMRS facility shall be reviewed by the Town within ninety (90) days of the Town’s receipt of the completed modification application.
(j) Application Fee. The application fee for a special exception for a CMRS facility shall be set by resolution of the Town Council. (Ord. 2019-07-08 §1)
16.13.080 Eligible telecommunications facility requests.
Any modification to a CMRS facility that differs from the original design that was approved by the Town shall require a new application and approval. Notwithstanding the foregoing, the Town may, in its sole discretion, waive or postpone the submittal of any application requirement detailed in this Section when considering a modification request.
(a) Expedited Review.
(1) An eligible telecommunications facility request shall be approved or denied by the Town within sixty (60) days of the date of the Town’s receipt of the completed application. This time period may be tolled only by mutual agreement or where an application is incomplete.
(2) If the Town fails to approve or deny an eligible telecommunications facility request within the timeframe for review (accounting for any tolling), the request shall be deemed granted; provided, that this automatic approval shall become effective only upon the Town’s receipt of written notification from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.
(b) Application Materials.
(1) An applicant for an eligible telecommunications facility request shall be required to submit only such documentation and information as is reasonably necessary to determine whether a proposed modification would substantially change the physical dimensions of an eligible tower or base station.
(2) The Town shall prepare, and from time to time revise, and make available an application form which shall be limited to the information necessary for the Town to consider whether an application would substantially change the physical dimensions of an eligible telecommunications facility request. Such information may include, without limitation, whether the project: (a) would result in a substantial change; and (b) violates a generally applicable law, regulation, or other rule reasonably related to public health and safety. The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation.
(c) Incomplete Applications.
(1) When an application is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, clearly and specifically identifying all missing documents or information.
(2) If an application remains incomplete after a supplemental submission, the Town has ten (10) days to once again notify the applicant. Second or subsequent notices of incompleteness may not require the production of documents or information that was not requested in the original notice of incompleteness.
(d) Type of Review.
(1) Upon receipt of an application under this Section, the Town shall review such application to determine whether the application qualifies as an eligible telecommunications facility request.
(2) Denials. A final decision by the Town to deny an eligible telecommunications facility request under this Section shall be in writing and shall provide a description of reasons for the denial.
(3) Approvals.
a. Notwithstanding any other provision of the Code, the Town shall approve an eligible telecommunications facility request that does not substantially change the physical dimensions of a tower or base station.
b. The Town may approve an eligible telecommunications facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of the Code.
c. The Town may condition the approval of any eligible telecommunications facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety.
(e) Substantial Change.
(1) A substantial change in the height of an existing tower or base station occurs when any of the following criteria are found:
a. For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater.
b. For a tower located in a public right-of-way or for a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater.
(2) Changes in height are measured as follows:
a. When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment.
b. When deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012.
(3) A substantial change in the width of an existing tower or base station occurs when any of the following criteria are found:
a. For a tower outside of public right-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.
b. For a tower in public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet.
(4) A substantial change also occurs for any existing tower in a public right-of-way or an existing base station when any of the following criteria are found:
a. When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist.
b. When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets.
(5) A substantial change also occurs for any existing tower or base station when any of the following criteria are found:
a. The change involves installation of more than four (4) new equipment cabinets or the standard number of new equipment cabinets for the technology involved, whichever is less.
b. When the change entails any excavation or deployment outside the current site.
c. When the change would defeat the concealment elements of the eligible support structure.
d. When the change does not comply with conditions associated with the original siting approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in Subsections (e)(1) through (e)(5)(b) of this Section. (Ord. 2019-07-08 §1)