(1)

General design for towers. The height of the vertical support structure shall be no greater than the height limit for the zoning district for which it is sought to be sited and the following requirements shall apply:

(a)

Except where inconsistent with other provisions of the City Code, new telecommunication towers shall be engineered and constructed to accommodate a minimum number of collocations based upon their height:

(i)

Telecommunications towers sixty (60) to one hundred (100) feet shall support at least two (2) wireless service providers;

(ii)

Telecommunications towers greater than one hundred (100) feet but less than one hundred fifty (150) feet shall support at least three (3) wireless service providers; and

(iii)

Telecommunications towers greater than one hundred fifty (150) feet in height shall support at least four (4) wireless service providers.

(b)

Except where inconsistent with other provisions of this Code, the equipment compound area surrounding the telecommunications tower must be of sufficient size to accommodate base station and accessory equipment for the appropriate number of wireless service providers in accordance with section 24-20(1)(a) [23-176(1)(a)], above.

(2)

Visual impact.

(a)

All telecommunications towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color or painted and/or textured to match the existing vertical support structure so as to reduce visual clutter.

(b)

Where feasible, wireless telecommunications facilities shall be placed directly above, below or incorporated with existing vertical design elements of a building to help in camouflaging.

(c)

Wireless telecommunication facilities shall not substantially detract from the ocean view or from property listed in the National Register of Historic Places, or from a road or inlet, which has been officially designated as a scenic road or inlet, or areas designated as protected by any federal agency, state agency or the city.

(3)

Base station and accessory equipment requirements.

(a)

When a stealth design is used, accessory equipment shall be incorporated into the stealth facility. Otherwise, accessory equipment shall be located, designed, and/or screened to blend with the existing natural or as-built surroundings to reduce the visual impact as much as technically feasible and shall be compatible with neighboring land uses and the character of the community.

(b)

In all instances, base station equipment shall be located, designed, and/or screened to blend with the existing natural or as-built surroundings to reduce the visual impact as much as technically feasible and shall be compatible with neighboring land uses and the character of the community.

(c)

Ground-based equipment shall be elevated at least two (2) feet above the base-flood elevation.

(4)

Fencing. Except where the requirement would defeat concealment elements, a telecommunications tower, and all accessory equipment or base station, shall be secured and enclosed within a fence that is between six (6) and ten (10) feet in height. Fencing shall be screened in accordance with section 24-18(7) [23-176(7)] below.

(5)

Lighting. No illumination is permitted on wireless telecommunications towers unless required by the FCC, FAA or state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required or necessary, the planning director may review the available lighting alternatives within the appropriate regulatory guidelines and approve the design that would cause the least disturbance to the surrounding uses and views. All lighting shall comply with those requirements for lighting on buildings set forth in section 123 - of Chapter 23 of the Code.

(6)

Advertising. No advertising is permitted on wireless telecommunications facilities.

(7)

Screening. Landscaping or screening shall be used to screen the view of the wireless telecommunications facility from adjacent public ways, public property, or residential property. Ground-level landscaping shall be at least six (6) feet in height and meet those requirements set forth in Article V of Chapter 23, zoning.

(8)

Maintenance impacts. Equipment at a wireless communications facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector of local street traffic, access for maintenance vehicles shall be exclusively by means of the collector or local street.

(9)

Principal, accessory and joint uses.

(a)

Accessory equipment or base stations that are used in direct support of a wireless telecommunications facility shall be allowed but shall not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment that is not used in direct support of a wireless telecommunications facility shall not be stored or parked on the site of such facility.

(b)

Wireless telecommunications facilities may be located on sites containing another principal use in the same buildable area provided that such facilities do not reduce parking or landscaping requirements for the principal use.

(10)

Setbacks. New vertical support structures, and their associated ground-based equipment, must comply with existing setback requirements for the zoning district in which the new vertical support structure is sought to be sited. Setbacks are required on all sides of the vertical support structure to prevent its fall zone or collapse from encroaching onto adjoining properties. The fall zone shall be determined by an engineer certified by the state in a letter which includes the engineer's signature and seal, provided that the city shall reserve the right to obtain independent review of such engineering.

(11)

Nuisances. Wireless telecommunications facilities, including, without limitation, their power source, ventilation and cooling systems, shall be operated at all times within the city noise ordinance in section 12-72 of chapter 12, health and sanitation.

(12)

Underground utility zones. Wireless telecommunications facilities may collocate on existing transmission poles subject to those requirements set forth in section 19-13 of chapter 19, streets, sidewalks and other public ways.

(13)

Building codes and safety standards. To ensure the structural integrity of a vertical support structure, the owner of such structure shall ensure that the structure is maintained in compliance with standards contained in the applicable, local building codes and the applicable standards for such structures, as amended, from time to time. Upon the request of the director of public works, and within ninety (90) days of such request, owners of vertical support structures shall have an inspection of its vertical support structure and shall provide the findings of such inspection to the director of public works. Inspections shall be conducted by a qualified, independent engineer licensed to practice in the state and the results of such inspection shall be provided to the director of public works. Failure to comply with this section 23-176(13) shall result in a fine of up to one thousand dollars ($1,000.00) per day and will cause all outstanding and future permit requests related to the vertical support structure to be temporarily frozen until compliance has been met.

(14)

Regulatory compliance. All wireless telecommunications facilities must meet or exceed current standards, guidelines, and regulations of the Federal Aviation Administration, the FCC and any other agency of the state or federal government with the authority to regulate wireless telecommunications facilities. If such standards and regulations are changed, then the owners of the wireless telecommunications facilities governed by this article shall bring such facilities into compliance with such revised standards and regulations by the dates established by the agency promulgating the standards or regulations.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

New vertical support structures that are proposed in those zoning districts other than LI, must be self-supported and incorporate stealth or camouflaging components, to the maximum extent feasible so as to completely shield the wireless facility's antenna, radio, and cables from a casual observer. Self-supported lattice towers shall be permitted in zoning district LI.

(2)

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.

(3)

At new vertical support structure locations, the design of the base station and any related structures shall, to the extent possible, be located to, and use materials, colors, textures, screening, and landscaping that will, blend the vertical support structure and related facilities to the natural setting and as-built environment.

(4)

A permit for a new vertical support structure to be located within one thousand (1,000) feet of an existing telecommunications facility that is not a small wireless facility, shall not be issued until the applicant supplies documentation showing that the existing telecommunications facility will not meet applicant's structural specifications and technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate. The applicant shall be required to provide evidence to the administrator to support applicant's claims regarding reasonable market rates.

(5)

Excluding small wireless facilities, no more than one (1) vertical support structure may be sited per acre of any lot.

(6)

Permittee shall allow future wireless service providers, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate antennas, equipment and facilities on a new vertical support structure (i) unless specific technical or structural constraints prohibit said co-location, or (ii) if future wireless service providers, or other potential future users refuse to pay reasonable compensation for collocation. Permittee and future collocating wireless service providers, and other potential users, shall provide a mechanism for the construction and maintenance of shared facilities and vertical support structures and shall provide for equitable sharing of costs and expenses in accordance with industry standards.

(7)

All telecommunication towers shall be designed and constructed so as to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards as have been adopted by the city.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

Wireless communications facilities sited atop flat-roofed buildings shall not project more than eight (8) feet in height above the lowest parapet wall, except that wireless facilities may be mounted on the side of roof-top structures such as elevator shafts and mechanical buildings provided that the top of such facilities do not extend above such structure.

(2)

With every rooftop installation, the wireless facility must be screened or constructed to utilize a stealth or concealment design that mimics architectural features consistent with the building design and/or is complimentary to the building architecture so that the wireless facilities are not readily apparent to the casual observer from ground level.

(3)

Base station or accessory equipment required at ground level shall comply with yard set-back requirements and shall be screened from public view utilizing the following:

(a)

Color palette consistent with the building's architecture; and either

(b)

Four-sided privacy fence or concealment wall one (1) foot above height of equipment; or

(c)

Evergreen landscaping screen planted around the perimeter with minimum planting size of three (3) feet in height and a mature size capable of fully concealing enclosure.

(4)

All roof-mounted antenna installations shall be designed, engineered and installed in accordance with ANSI/EIA/TIA 222 (latest revision) standards as have been adopted by the city. Antenna and equipment mounting hardware and platforms shall be physically attached to the roof or building structure, designed, and engineered, as if the wireless facility was part of the floor immediately below the roof level. Structural loading calculations must include all current existing roof loading, including but not limited to, HVAC equipment (as modified over time), additional existing carriers (if any), and other mechanical or ancillary equipment. Ballast or skid mounting of wireless facilities will not be allowed on a permanent basis.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

Stealth techniques preferred.

(a)

Unless this requirement is not technologically feasible, wireless facilities mounted to new or modified vertical support structures must incorporate the wireless facility's antenna, radio, and cables inside the vertical support structure so that these items are not visible to the casual observer.

(b)

When the requirements of subsection (a) above cannot be met, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the vertical support structure so as to make the antenna and related equipment as visually unobtrusive, or invisible, as possible.

(2)

Placement on existing utility poles.

(a)

This section applies to utility poles that are located outside of public rights of way.

(b)

Antennas associated with a wireless telecommunications facility may be placed on an existing utility pole, colored to match or complement the color of the utility pole, and mounted in as unobtrusive a manner as technically feasible and incorporating concealment elements where possible. Except where the utility or owner of the pole prohibits it, the antenna shall be placed in a shroud at the top of the utility pole, with the shroud of the same circumference as the utility pole at the point of attachment. Except for such designs as may be included in any pre-approved design catalogue, pole-top antennas (including attachment hardware) shall not extend more than six (6) feet above the existing utility pole. Where the antenna cannot be placed at the top of the utility pole, it may be placed in the communications space on a cross-arm parallel to and consistent with the placement of cross-arms on utility poles in the same corridor and with antennas and cross-arms sized and mounted as close to the centerline of the pole to minimize visual clutter. The volume of the antennas on any utility pole shall, not exceed six (6) cubic feet in size.

(c)

Only accessory equipment required to operate the wireless facility may be attached to the utility pole, or ground-mounted in compliance with this Code. If requested, permittee must show that such equipment is required to operate the wireless facility and that no other placement is feasible or less intrusive.

(d)

Other base station and permitted, utility pole-mounted accessory equipment shall be mounted in as unobtrusive a manner as technically feasible and incorporate concealment elements. Equipment shall be flush mounted to the pole, with all required cabling neat and concealed in vertical conduits. In no event shall any portion of the telecommunications facility be ground-mounted without the city's express approval, which approval may be conditioned on concealing the facilities in a manner appropriate to the location. Unless base station equipment is within the utility pole to maximize concealment elements, the equipment must be designed so that it is not readily apparent from all angles of view and, mounted at a height such that it is out of pedestrian sight lines and placed on the pole in such a way as to minimize the impact on adjoining property.

(e)

Neither the wireless communications facility, nor the vertical support structure, shall interfere with pedestrian or vehicular movement or storage.

(f)

All attachments to new or modified utility poles must have a clearance of at least seven (7) feet above ground level for all sidewalks and a clearance of at least eighteen (18) feet above ground level for all roads.

(3)

Mounted on light poles.

(a)

This section applies to light poles that are located outside of public rights of way.

(b)

Wireless communications facilities may be placed on existing light poles subject to the conditions that:

(i)

The design and placement of all elements of the telecommunications facility is consistent with the design of the light pole to which it will be attached;

(ii)

The design and placement of all elements of the telecommunications facility will not adversely affect the overall design of the area within which the light pole is located; and

(iii)

The city must know who will own and control the light pole, and who is responsible for emergency response, maintenance, and ensuring public safety, including NEIR radiation standards as outlined in OET bulletin 65.

(c)

All attachments to new or modified light poles must have a clearance of at least seven (7) feet above ground level for all sidewalks and a clearance of at least eighteen (18) feet above ground level for all parking areas and roads.

(4)

Replacement. For purposes of this section, if an existing utility or light pole must be replaced it may be replaced provided that the replacement pole meets all applicable development standards for the zoning district in which the facility is sought to be sited, it meets other applicable requirements of this section and:

(a)

In the case of the utility pole, the overall height of the pole, measured from ground level to the highest point on the wireless communications facility, does not increase by more than six (6) feet, and the diameter measured at six (6) feet from the butt, does not increase by more than two (2) inches; and

(b)

In the case of the light pole, its overall height, measured from ground level to the highest point on the wireless communications facility, does not increase by more than six (6) feet, and the design, height and proportions remain consistent with design of the light pole that is being replaced. In addition, all lighting shall comply with section 21-15—lighting, of the City Code.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

A deployable may be operated in any zoning district for a period of not more than one hundred twenty (120) days, when operated in connection with a special event after issuance of a permit based upon an administrative review under this article. A deployable, operated in conjunction with a special event, shall meet reasonable setback requirements determined by stated permit conditions, shall meet uniform fire code requirements, and shall be removed within seventy-two (72) hours of completion of the event.

(2)

A deployable may be operated in any zoning district after a declaration of an emergency or a disaster by the city and after issuance of a permit based upon administrative review under this article.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

Collocations and modifications (Eligible Facilities Request per 47 C.F.R. § 1.6100).

(a)

Notwithstanding any other provisions of this article, the administrator shall grant administrative approval and may not deny applications for any modifications to a pre-existing wireless telecommunications facility that does not substantially change the physical dimensions of such facility.

(b)

A modification shall be determined to be a substantial change to the physical dimensions of the subject wireless communications facility if the modification meets any of the following criteria:

(i)

For vertical support structures that are not located in the public rights of way, it increases the height of the vertical support structure by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, or, for other existing wireless telecommunications facilities, it increases the height of such facilities by more than ten (10) percent or more than ten (10) feet, whichever is greater;

a.

Changes in height should be measured from the original vertical support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the telecommunications tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96).

(ii)

For wireless telecommunications facilities that are not located in the public rights of way, it involves adding an appurtenance to the body of such facility that would protrude from the edge of the wireless telecommunications facility by more than twenty (20) feet, or more than the width of the vertical support structure at the level of the appurtenance, whichever is greater; for other wireless telecommunications facilities, it involves adding an appurtenance to the body of such facility that would protrude from the edge of such facility by more than six (6) feet;

(iii)

For any existing wireless telecommunications facility, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

(iv)

It entails any excavation or deployment outside the site;

(v)

It would defeat the concealment elements of the pre-existing wireless telecommunications facility; or

(vi)

It does not comply with restrictions associated with initial approval of the wireless facility such as, but not limited to, number of antenna or volume of equipment when initially approved.

(2)

Collocation on and modifications to pre-existing wireless telecommunications facilities that are physically substantial.

(a)

Modifications not defined in section 24-23(1) [23-181(1)], above, shall be considered physically substantial.

(b)

A pre-existing vertical support structure may be substantially modified or reconstructed to accommodate the collocation of additional antennas under the following conditions:

(i)

A telecommunications tower shall be the same type as the existing telecommunications tower, unless the telecommunications tower is replaced by a monopole not more than forty-eight (48) inches in diameter; and

(ii)

When an existing vertical support structure is not over fifty (50) feet in height, it may only be replaced by another alternative vertical support structure that does not exceed fifty (50) feet in height;

(iii)

When a vertical support structure that is not a telecommunication tower is replaced with a telecommunication tower to accommodate a physically substantial collocation, only one (1) vertical support structure may remain on the zone lot; and

(iv)

Antennas may be attached to an existing vertical support structure that is accessory to a police station, fire station or hospital, and said structure may be substantially modified to allow this attachment without increasing the height of the vertical support structure.

(3)

Substantial modifications to vertical support structures that are not in conformance. Antennas may be attached to an existing vertical support structure that is not in conformance, and such vertical support structure may be substantially modified with the following limitations:

(a)

The vertical support structure is a telecommunications tower, and is of the same type as the existing telecommunications tower, unless the telecommunications tower is replaced by a monopole or other stealth facility not more than forty-eight (48) inches in diameter; and

(b)

The telecommunications tower, with the attached additional antenna as substantially modified, must meet the requirements of Article XI.3 of this chapter.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

All wireless telecommunications facilities operative on the date this article was enacted that do not already comply with the provisions of this article., shall be allowed to continue their present usage as a non-conforming use and shall be treated as a non-conforming use in accordance with Article VIII of the City Zoning Code. Routine maintenance, including replacement of structural elements such as diagonal bracing or antenna and equipment of like construction and height, shall be permitted on such existing wireless telecommunications facilities. New construction, including the addition of new antenna and equipment other than routine maintenance shall comply with the requirements of this article.

(2)

A wireless telecommunications facility that has received city approval as of the date this article was enacted, in the form of either a building permit or special use exception but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.

(Ord. No. 21-21, § 3, 5-17-21)