The purpose of this chapter is to address planning issues resulting from the rapid growth in demand for low power radio services. This chapter distinguishes low power radio from other broadcasting type telecommunication technologies and establishes provisions relating to demand, visual mitigation, noise, engineering, residential impact, health, safety and facility siting. (Ord. 07-30 § 2)

ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio signals.

LATTICE TOWER: A self-supporting, multiple sided, open, steel frame structure used to support telecommunications equipment.

LOW POWER RADIO SERVICES FACILITY: An unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

MONOPOLE: A single cylindrical steel or wood pole that acts as the support structure for antennas.

MONOPOLE WITH ANTENNAS AND ANTENNA SUPPORT STRUCTURE GREATER THAN TWO FEET IN WIDTH: A self-supporting monopole tower on which antennas or an antenna support structure exceeding two feet (2') in width are placed; the antennas and antenna support structure do not exceed fifteen feet (15') in width or eight feet (8') in height.

MONOPOLE WITH ANTENNAS AND ANTENNA SUPPORT STRUCTURE LESS THAN TWO FEET IN WIDTH: A monopole with antennas and antenna support structure not exceeding two feet (2') in width; antennas and antenna support structure do not exceed ten feet (10') in height.

NONSTEALTH DESIGN: Any antenna or equipment facility not camouflaged in a manner to blend with the surrounding land uses, features and architecture. The design does not conceal the intended use of the telecommunications facility.

ROOF MOUNTED ANTENNA: An antenna or series of individual antennas mounted on a flat roof, mechanical room or penthouse of a building. A roof mounted antenna on a pitched roof must meet the standards of a stealth design facility as interpreted by the planning commission.

STEALTH FACILITY: A wall, roof or monopole facility which is disguised as another object or otherwise concealed from view, or designed to blend with surrounding land uses, features and architecture, thus minimizing the aesthetic impact on adjacent uses. The associated electronic equipment has been hidden from view inside a building or structure and/or is made to blend in with the surrounding land uses. Examples of stealth facilities include, but are not limited to, trees, synthetic rocks, flagpoles, light pole standards or architectural elements such as dormers, steeples and chimneys.

WALL MOUNTED ANTENNA: An antenna or series of individual antennas mounted against the vertical wall of a building.

WHIP ANTENNA: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed. (Ord. 07-30 § 2)

This chapter is a specific exception to the general provisions of subsection 17.76.080B of this title, and applies to both commercial and private low power radio services and facilities, such as "cellular" or "PCS" (personal communications system) communications and paging systems. (Ord. 07-30 § 2)

   A.   In addition to the regulations provided in this chapter, all low power radio service facilities shall comply with all other ordinances of the city, and with all applicable regulations of the federal communications commission and the federal aviation administration.

   B.   Low power radio service facilities are characterized by the type or location of the antenna structure. There are five (5) general types of such antenna structures: wall mounted antennas; roof mounted antennas; monopoles with antennas and antenna support structures less than two feet (2') in width; monopoles with antennas and antenna support structures greater than two feet (2') in width; and lattice towers. If an antenna structure is allowed under this title either as a permitted or as a conditional use, the minimum standards for the installation of each type of antenna are as follows:

      1.   Wall Mounted Antenna:

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

         b.   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 structure on buildings shall be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure.

         c.   Antennas mounted directly on existing parapet walls, penthouses or mechanical equipment rooms are considered wall mounted antennas if no portion of the antennas extends above the roofline of those building structures.

         d.   Stealth wall mounted antennas are encouraged and shall be allowed to vary from the provisions of this section for permitted uses, except as to height limitations, and as determined by the planning commission, for conditional uses. Stealth wall mounted antennas are not required to be located with public or quasi- public uses in all residential zones.

      2.   Roof Mounted Antenna:

         a.   Roof mounted antennas are allowed only on a flat roof and shall be screened, constructed and painted to match the structure to which they are attached.

         b.   Roof mounted antennas may be mounted on the top of existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view. The screening structures may not extend more than eight feet (8') above the existing rooflines of the penthouses or mechanical equipment rooms.

         c.   Antennas not mounted on a penthouse or mechanical equipment room shall be mounted at least five feet (5') back from the exterior wall of the building. The maximum height of an antenna mounted between five (5) and ten feet (10') back from the exterior wall shall be directly proportional to the setback distance, and may not exceed ten feet (10') above the roofline of the building. Antennas shall be mounted at least five feet (5') behind any parapet wall. The maximum height of an antenna mounted between five (5) and ten feet (10') behind a parapet wall shall be directly proportional to the setback distance, and may not exceed a height of ten feet (10') above the top of the parapet wall. An antenna may not extend more than fifteen feet (15') above the roofline of the building itself except as allowed as a conditional use. Similarly, a roof mounted antenna may not extend above the roofline of a penthouse or mechanical equipment room except as allowed as a conditional use.

         d.   Stealth roof mounted antennas are encouraged and shall be allowed to vary from the provisions of this section for permitted uses, except as to height limitations, and as determined by the planning commission for conditional uses. Stealth roof mounted antennas are not required to be located with public or quasi- public uses in all residential zones.

      3.   Monopole With Antennas And Antenna Support Structure Less Than Two Feet In Width:

         a.   The entire antenna structure mounted on a monopole may not exceed two feet (2') in width. The maximum height of this antenna may not exceed ten feet (10') in height.

         b.   Except as provided in section 17.80.120 of this chapter, a monopole described in this subsection may not be located in or within one hundred sixty five feet (165') of a residential zone district.

         c.   Stealth monopole antennas are encouraged and shall be allowed to vary from the provisions of this section for permitted uses, except as to height limitations, and as determined by the planning commission for conditional uses. Stealth monopoles are not required to be located with public or quasi-public uses in all residential zones.

      4.   Monopole With Antennas And Antenna Support Structure Greater Than Two Feet In Width:

         a.   The maximum visible width of antennas and antenna mounting structure on a monopole may not exceed eight feet (8') in height or fifteen feet (15') in width as viewed looking directly at the monopole at same elevation as the antennas and antenna mounting structure.

         b.   A monopole classified under this subsection may not be located in or within three hundred thirty feet (330') of a residential zone district.

      5.   Lattice Towers:

         a.   Except as provided in subsections B5b and B5c of this section, lattice towers may not be located within three hundred thirty feet (330') of a residential zone district.

         b.   A lattice tower may be located closer than three hundred thirty feet (330') from a residential zone district if the planning commission finds that the tower's apparent height would not exceed the apparent height of any public utility poles, wires, cables or similar structures located in the same vicinity as the proposed tower, when viewed from six feet (6') above the nearest adjacent residential zone district boundary.

         c.   Lattice towers may not exceed a height equal to ninety percent (90%) of the tower's distance from nearest adjacent residential zone district boundary, and in any case the height may not exceed one hundred fifty feet (150'). (Ord. 07-30 § 2)

The planning commission shall designate the location of monopoles with antennas and antenna support structures less than two feet (2') in width; monopoles with antennas and antenna support structures more than two feet (2') in width; and lattice towers. Generally, these structures should be located only in the rear yard area of the affected lot or parcel, though a different location may be approved by the planning commission to carry out the intent and purpose of these regulations. These structures may not be located in a required landscaped area, buffer area or required parking area. (Ord. 07-30 § 2)

A combination of both roof and wall mounted antennas are allowed on a building. The total area for all wall and roof mounted antennas and supporting structures combined shall not exceed forty (40) square feet for each exterior wall of the building or a total of one hundred sixty (160) square feet per building. A maximum of four (4) walls may be occupied by cellular antennas. The total area is the sum of the area of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building. The total area for a roof mounted antenna shall apply to the closest exterior wall. (Ord. 07-30 § 2)

The height of monopoles with antennas and antenna support structures is restricted or regulated as follows: Monopoles with antennas and antenna support structures may not exceed the lesser of sixty feet (60') in height or the maximum allowable height limit, if any, established for the zone in which the structure is located, except as allowed under a conditional use permit or as otherwise provided in this chapter. (Ord. 07-30 § 2)

Wall mounted antennas which otherwise are permitted or approved under this chapter may be mounted on noncomplying buildings that exceed the maximum height limit of the zoning district in which they are located. Roof mounted antennas which are mounted on a noncomplying building above the maximum height limit of the zoning district require conditional approval. (Ord. 07-30 § 2)

   A.   In addition to the conditional use standards provided in chapter 17.56, "Conditional Uses And Zones", of this title, the following factors shall be considered by the Planning Commission:

      1.   Compatibility of the proposed structure with the height and mass of existing adjacent buildings and utility structures;

      2.   Whether collocation of the antenna on another existing structure in the same vicinity, such as other monopoles, communication structures, signs, towers, buildings, utility poles, and similar structures, is possible without significantly affecting the antenna transmission or reception;

      3.   The location of the antenna in relation to existing vegetation, topography and buildings to optimize visual screening;

      4.   Whether the spacing between monopoles creates detrimental impact upon adjacent properties;

      5.   The willingness of the applicant to allow collocation on its facility in the future for a reasonable compensation, as provided in subsection B of this section.

   B.   The Planning Commission may, as a condition for approval, impose a requirement that the structure be designed and engineered to reasonably allow collocation by a subsequent provider(s) of low power radio communication services, if collocation is feasible and consistent with sound engineering principles. Nothing herein shall be construed to deny the owner of such a structure from the right to receive a reasonable compensation from that subsequent collocating provider(s) for the use of the structure. (Ord. 07-30 § 2)

Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. Monopoles shall be fenced with a six foot (6') chainlink fence and the climbing pegs removed from the lower twenty feet (20') of the monopole. All power lines on the lot leading to the accessory building and antenna structure shall be installed underground. (Ord. 07-30 § 2)

The building official is empowered to require an unmaintained or abandoned low power radio service antenna to be removed from the building or premises when that antenna has not been repaired or put into use by the owner, the person having control, or the person receiving the benefit of the structure within thirty (30) calendar days after notice is given to the owner, the person having control, or the person receiving the benefit of the structure. The Planning Commission may require an applicant to provide a surety bond in sufficient amount to guaranty the obligations imposed by this section. Notices required by this section may be given by personal service, or by certified mail addressed to the person's last known address. (Ord. 07-30 § 2)

   A.   A low power radio service facility which is not classified in this title either as a permitted use or as a conditional use is prohibited.

   B.   A conditional use permit for a monopole with antennas and antenna support structures less than two feet (2') in width may be granted in a residential zone district only if the Planning Commission finds that:

      1.   The monopole otherwise meets the requirements of subsection 17.80.040B3 of this chapter and does not exceed sixty feet (60') in height;

      2.   The monopole will be placed on a parcel which is occupied by a nonresidential use, such as a school, church, or other nonresidential use which is otherwise legally located in that residential zone;

      3.   The monopole will be located no closer than one hundred sixty five feet (165') from the nearest residential structure; and

      4.   The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna.

   C.   A conditional use permit for a monopole may be granted in a residential zone district only if the Planning Commission finds that:

      1.   The monopole antenna otherwise meets the requirements of subsection 17.80.040B3 of this chapter and does not exceed sixty feet (60') in height;

      2.   The antenna tower will be placed on a parcel which is not occupied by a residential use, such as a school, church, or other nonresidential use which is otherwise legally located in that residential zone;

      3.   The antenna tower will be located no closer than one hundred sixty five feet (165') from the nearest residential structure; and

      4.   The monopole will be disguised as, or otherwise integrated with, a light pole or similar utility structure located on the parcel to minimize and mitigate the visual impact of the antenna.

   D.   A conditional use permit for the relocation of an existing, legal nonconforming monopole in the CC-FBC Zone District to another location within the CC-FBC Zone District may be granted only if the Planning Commission finds:

      1.   The monopole otherwise meets the requirements of subsection 17.80.040B3

      of this chapter and does not exceed one hundred feet (100') in height;

      2.   The monopole will be placed on a parcel which is occupied by a civic or nonresidential use, such a school, fire station, church, or other use which is legally located in the CC-FBC Zone District;

      3.   The monopole will be located no closer than one hundred sixty five feet (165') from the nearest residential structure; and

      4.   The monopole will be strategically placed on a parcel to minimize and mitigate the visual impact of the antenna.

   SUMMARY RELATING TO COMMUNICATION TOWERS

 

 

 

(Ord. 25-20 § 4: Ord. 17-29: Ord. 14-09: Ord. 07-30 § 2)