Newcastle City Zoning Code

Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC);

Machines and equipment that are designed and marketed as consumer products, such as microwave ovens and remote control toys;

Hand-held, mobile, marine and portable radio transmitters and/or receivers;

Licensed amateur (ham) radio stations and citizen band stations;

Receive-only television and satellite dish antennas as an accessory use;

Ancillary antennas allowed by franchise agreement with the city;

Any maintenance, reconstruction, repair or replacement of a conforming wireless communications facility (WCF); provided, that the WCF use has been established through a prior land use approval and the WCF does not result in noncompliance with this chapter;

In the event a building permit is required for any emergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall not be required until 30 days after the completion of such emergency activities. In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.

WCFs may be mounted on all currently existing nonresidential structures except as follows:

WCFs mounted on existing nonresidential structures must meet the following conditions and criteria:

New monopoles and lattice towers shall not be permitted.

WCFs are not allowed on structures containing residential uses.

When attached to utility poles and towers, WCFs shall be integrated into the design of the pole or tower.

In nonresidential zones (all zones except R and MU-R zones), and in existing regional electric utility corridors in any zone, when a WCF is attached to an existing structure that exceeds the zone height limit, the overall height of the existing structure shall not be increased, except for the following:

In nonresidential zones (all zones except R and MU-R zones), and in existing regional electric utility corridors in any zone, a WCF antenna may exceed the zone height up to 10 feet, when the antenna is located on an existing building.

A WCF may be placed in R or MU-R zones only if mounted on a nonresidential structure and only if located in an existing regional electric utility corridor or in a developed street right-of-way. Placement of a WCF equipment enclosure on private property in the R or MU-R zones may be considered, if it is technically infeasible to place it in the developed street right-of-way. A WCF may not be located on an undeveloped street right-of-way in an R or MU-R zone.

New WCFs shall be at least one-quarter mile from existing or proposed WCFs used by the same provider.

WCFs shall conform to the following site development standards:

The director (or hearing examiner by referral) shall consider the cumulative visual effects of WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits can be granted so as to not adversely affect the character of the city.

Any fuel or hazardous material stored or used on site shall be used in accordance with best management practices and other applicable codes and ordinances.

A permittee shall cooperate with other WCF providers in co-locating additional antennas on support structures and/or on existing buildings provided the proposed co-locators have received a conditional use permit for such use at the site from the city. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of co-location. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and permittee.

All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal.

Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit.

In addition to the information requested in the wireless communications facility ("WCF") permit or the conditional use permit application, the following items shall be required for a WCF application:

Approval of a WCF in an R or MU-R zone will occur through the conditional use permit process as specified in NMC § 18.44.050. Approval of a WCF in any other zone will occur through the wireless communications facility ("WCF") permit process as specified in NMC § 18.44.055.

The review procedures shall be governed by the administrative procedures set forth in NMC Title 19.

The permit fee for each new permit for each site shall be according to the city's land use permit fee schedule in effect at the time of application.

The applicant shall comply with federal standards for radio frequency emissions.

The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review the city finds that the WCF interferes with such reception, and if such interference is not cured within 60 days, the city may revoke or modify the approval in which the WCF permit or decision was issued.

The city recognizes that WCFs and communication technologies in general are currently subject to rapid change. Therefore, the city shall review this chapter at least every three years or upon request of the city council, city manager, or planning commission.

At the time of review the director and/or a qualified communications consultant will prepare a written report to be submitted to the planning commission and city council that assesses this chapter relative to current trends in the communications industry, innovations in communications technology, permit activity during the previous five years, and effectiveness in producing WCFs that are compatible with the city's residential character.

The director and/or a qualified communications consultant shall, if necessary, recommend updates to this chapter that may include, but not be limited to, the deletion, modification, or addition of allowed locations; allowed heights; site development requirements; administrative review possibilities; or permitting procedures.

A conditional use permit shall become null and void if the permitted facility is not constructed and placed into use within one year of the date of the city's approval; provided, that the conditional use permit may be extended one time for six months if construction has commenced before expiration of the initial year upon payment of an extension fee of one-half of the conditional use permit.

The permittee, its operator, agent, affiliate, assigns or successors of a WCF shall and does, upon approval of this conditional use permit, agree to indemnify, protect, defend and hold harmless the city, its council members, planning commission members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney fees (collectively "liabilities") incurred by the city arising, directly or indirectly, from:

The permit shall expire and the applicant must remove the facility if the facility is not put into use within 90 days after construction or if use is discontinued for a period in excess of 90 days. If the facility is not so removed, the city may cause the facility to be removed and all expenses of removal shall be paid by the owner of the land where the facility is located, or the permittee, its operator, agent, affiliate, assign or successor.

The applicant shall maintain the WCF to standards that may be imposed by the city at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the city may undertake the maintenance at the expense of the applicant or terminate the permit, at its sole option.

The applicant shall notify the city of all changes in ownership or operation of the facility prior to the effective date of the change.