It is the express purpose of this chapter to minimize the visual and environmental impacts of wireless communication service facilities by regulating the placement, construction and modification of such facilities. If feasible, wireless communication service facilities shall be located on existing structures, including, but not limited to, buildings, water towers, existing telecommunications facilities, utility poles and towers and related facilities; provided, that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider the use of existing telephone and electric utility structures as sites for such service.

(2007 Code)

In addition to the general regulations provided herein, any new and modified WCF shall comply with the standards set forth in this chapter. Substantial changes (as determined by the City), including the physical expansion of a siting area or the extension of a tower beyond ten feet from its original height shall require a new or modified conditional use permit.

A.

General standards: In case of a conflict between these standards and other regulations, local, state or federal, the most restrictive regulations shall apply.

1.

The minimum lot size allowable for all WCF except modified structures shall be the minimum required for the zone in which the WCF is proposed to be located.

2.

All new transmission towers shall be designed to allow for a minimum collocation of at least four additional providers. All modified structures shall be designed to allow for a minimum collocation of at least one additional provider.

3.

Setbacks for transmission tower structures and modified structures shall be measured from the security barrier and shall be not less than one foot for every five feet of tower height, or the minimum setbacks for the zone in which it is located, whichever is greater. All WCF shall be set back from any residential structure a minimum of 300 feet. All equipment shelters, cabinets, or other on the ground ancillary equipment shall meet the setback requirements of the zone in which it is located.

4.

All ancillary on the ground equipment shelters, cabinets and/or equipment shall be situated on a permanent foundation and require a building permit. All buildings shall be designed to match the architectural characteristics of the surrounding neighborhood and shall use building materials and colors that are compatible with the surrounding neighborhood.

5.

Installation antenna array shall conform to such standards as are required by the federal communication commission (FCC) requirements.

6.

No WCF shall be constructed within a two-mile radius of an existing transmission tower or modified facility.

7.

Maximum allowable transmission tower height, including antennas, is ten feet above the average building height of buildings located within 300 feet of the proposed facility. The City may impose stricter height limitations due to obstruction of views or incompatibility with surrounding uses including the average height of the surrounding tree canopy.

8.

Outdoor storage of any supplies or vehicles related to the use of the facility is prohibited.

9.

No signs, striping, graphics or other attention getting devices are permitted on WCF except for warning and safety signage with a surface area of no more than three square feet. Such signage shall be affixed to the fence at the siting area. The number of signs is limited to no more than two.

10.

Antenna arrays located on an existing structure shall be placed in such a manner so as to not be visible from a ground level view adjacent to the structure and shall extend no higher than ten feet above the top of the structure. The antenna array shall be placed and colored and camouflaged to blend into the architectural detail and coloring of the host structure.

11.

The WCF shall be camouflaged to blend with the natural and built surrounding environment. Support towers, etc., shall be painted a color and designed in a manner that best allows it to blend into the surroundings.

12.

Only such lighting as required by the FAA is permitted. The FAA lighting requirement shall be met in the least obtrusive manner, as determined by the City. Wherever possible, the City shall require that a waiver to FAA requirements be sought. White strobe lighting will not be allowed unless specifically required and not waived by the FAA. Security lighting for the siting area is permitted as long as it is downward directed and shielded to prevent all illumination from leaving the siting area boundary.

13.

No hazardous waste shall be discharged on the site of any WCF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided and such other requirements as shall be recommended by the Southwest health district.

14.

All storm water runoff shall be contained on site.

15.

The WCF shall not generate noise in excess of 50 dB at the property line as certified by a qualified acoustical engineer once the WCF is complete and functioning.

B.

Landscaping requirements: Landscaping as shown on a landscape/design prepared by a design professional shall be required. The following standards shall apply:

1.

Existing vegetation at the siting area shall be preserved to the maximum extent possible. Landscaping shall be placed completely around the siting area including all equipment, towers, shelters, cabinets and other on the ground ancillary equipment except as required to access the facility. Such landscaping shall consist of native vegetation placed densely enough so as to form a year round 100 percent sight obscuring buffer within three years from planting. The buffer for new transmission towers shall be no less than ten feet in width on all sides of the facility. Landscaping shall be compatible with other nearby landscaping and shall be adequately watered to be healthy and shall be well maintained on a regular monthly basis.

2.

A security barrier shall be built around the WCF as required to protect the public from radio frequency radiation. The security barrier shall be obscured by landscaping as provided herein.

(2007 Code)

A.

Specific requirements: In addition to the general application requirements for conditional use permits, the following application requirements shall apply to WCF:

1.

The applicant shall supply a written verification from an independent, licensed engineer:

a.

That alternative sites, both new and modified facilities, within a radius of four miles have been considered and have been determined to be technologically unfeasible or legally unavailable as provided herein. The evidence must demonstrate to the satisfaction of the City that no practical alternative is reasonably available to the applicant.

b.

That the proposed WCF complies with applicable building code standards and all national standards and the manufacturer's recommended installation guide, and all equipment proposed for the facility has been authorized per the FCC guidelines for evaluation of the environmental effects of radio frequency radiation.

c.

That a structural analysis of the tower has been completed demonstrating the tower's ability to accommodate the collocation as provided herein.

d.

That the proposed WCF complies with all applicable federal building regulations and standards and that the FAA has reviewed and approved the proposal.

2.

A description of the need for the proposed facility at the proposed location and justification for site selection.

3.

A notarized statement of the property owner granting authorization to proceed with the conditional use permit and agreement to be bound by the terms of the permit and this chapter.

4.

Evidence (duly recorded if necessary) of legal access to the site.

5.

A signed agreement, binding upon all current and future owners, stating that collocation on the proposed tower by other owners/operators will be allowed.

6.

Documentation of the legal right to install and use the proposed facility.

B.

Modifications: A modification of a WCF will require an application for a conditional use permit when there is a change in the number of facilities or carriers located on the site or a change in technology used at the site and/or an additional equipment or additional height, not specified in the original design, is added to the site.

C.

Annual information: After the WCF is operational, the applicant shall submit to the City Clerk within 90 days of beginning operations and at annual intervals from the date of issuance of the conditional use permit, the following information:

1.

The existing measurements of RFR from the WCF signed and certified by an RF engineer, stating that RFR measurements are accurate and meet then current FCC guidelines.

2.

The existing measurements of noise from the WCF at the property line signed and certified by an acoustical engineer, stating that the noise measurements are accurate.

(2007 Code)

A.

Vicinity plan: The applicant shall provide as part of the initial application a one inch equals 40 feet (1" = 40') vicinity plan showing:

1.

The property lines of the subject property and the property lines of all properties adjacent to the subject property within 300 feet.

2.

The tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height.

3.

An outline of all existing buildings including proposed buildings on the subject property and all adjacent properties within 300 feet.

4.

The proposed location of antenna, mount and equipment shelters.

5.

The proposed location of the security barrier, indicating the type and extent as well as point of controlled entry.

6.

The location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to service the facility.

7.

The distances, at grade, from the proposed WCF to each building on the vicinity plan.

8.

Contours at each ten feet for the subject property and adjacent properties within 300 feet.

9.

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

10.

Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the WCF.

B.

Photo simulation: A photo simulation (including elevations) of the proposed facility from each window and entry of each residential building located within 300 feet of the proposed facility and from the intersection of and mid block of each public right-of-way located within 300 feet of the WCF.

(2007 Code)

Applicants are required to share WCF and sites where feasible and appropriate. All applicants shall demonstrate, at the time an application is submitted, a good faith effort to colocate with other carriers and facilities. Such good faith effort includes a survey of all existing structures that may be feasible sites for collocation, contact with all other licensed carriers for commercial mobile radio services operating within the county; and sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation. In the event that collocation is found to be not feasible, a written statement of the reasons for the unfeasibility shall be submitted to the City as part of the application. The City may, at its option, retain a technical expert in the field of RF engineering to verify if collocation at another site is not feasible or is feasible and the cost for such a technical expert will be at the expense of the applicant. The City may deny a conditional use permit to an applicant that has not demonstrated a good faith effort to provide for collocation.

(2007 Code)

The applicant and/or property owner shall maintain the WCF in good condition. Such maintenance shall include, but not be limited to, painting, maintaining the structural integrity of the facility, the mounts and security barrier and maintenance of the buffer areas and landscaping.

(2007 Code)

A conditional use permit issued for WCF over 40 feet in height shall be valid for 15 years. At the end of that time period, the WCF shall be removed by the carrier or property owner or a new conditional use permit shall be required. The City may, while reviewing the new conditional use permit, change or add any conditions that are appropriate.

(2007 Code)

All services of an acoustical engineer and independent licensed engineer as required in this section shall, at the discretion of the City, be either provided by the applicant or hired by the City with expenses reimbursed to the City by the applicant.

(2007 Code)

If any antenna or transmission tower or modified facility is not operated for a continuous period of six months, it shall be considered abandoned. Any wireless communication facility that is abandoned shall be reported immediately by the service provider to the City Clerk. The owner of such WCF or the property owner shall remove the same within 60 days of abandonment. If such WCF is not removed within said 60 days, the City may, at the property owner's expense, remove the WCF and file a lien on the subject property for expenses incurred in removal. If the City is compelled to seek judicial authority to undertake such removal, the reasonable costs and attorney fees incurred by the City in the course of doing so shall constitute a charge against the owner.

(2007 Code)