A.   The purpose of this chapter is to establish general guidelines and a review procedure for the siting of wireless communications towers and antennas.

   B.   The intent of these provisions is to protect neighborhoods, protect scenic and environmentally sensitive areas, prompt collocation, prompt location on existing structures, and improve the aesthetics of the facilities through careful design and innovative camouflaging techniques. (Ord. 03-2005, 9-6-2005)

   A.   All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, any other agency of the state or federal government with the authority to regulate towers and antennas, and the provisions of this chapter. The following provisions are not intended to prevent the use of any material or method of installation not specifically prescribed by this chapter, provided any such alternate has been approved in writing by the zoning administrator. The zoning administrator shall consider any state of the art technology, which is consistent with the intent of this title, as new wireless communication technology develops. (Ord. 03-2005, 9-6-2005)

For the purpose of this chapter the following terms shall have the following definitions:

ALTERNATIVE TOWER STRUCTURE: Any clock or bell towers, church steeples, chimneys or stacks, elevators, light poles, power poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals, or other communication signals.

   Dish Antenna: A bowl shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.

   Panel Antenna: A relatively flat rectangular device that transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty degrees (360°).

   Whip Antenna: A long and thin device that transmits and/or receives radio frequency signals in a three hundred sixty degree (360°) radial pattern.

BUILDING MOUNTED ANTENNA: Any antenna that is attached to the walls of, or integrated into, buildings or parapet walls.

COLLOCATION: The use of a single mount and/or site by more than one personal wireless service.

EQUIPMENT CABINET: An enclosed shed or box at the base of or near a PWSF mount within which are housed, among other things, batteries and electrical equipment (hereinafter referred to as "equipment"). This equipment is connected to the antenna by cable.

FAA: The federal aviation administration.

FCC: The federal communications commission.

HEIGHT: The height of monopoles and towers shall be measured from natural grade to the top of all appurtenances. The height of rooftop mounted communication equipment shall be measured from the roof elevation to the top of all appurtenances. The height of building mounted communication equipment shall be from the top of the equipment to natural grade.

MONOPOLE: A facility used exclusively for PWSF mounts and is self-supporting with a single shaft of steel, concrete or wood.

MOUNT: The ground or the structure to which a PWSF is attached.

PERSONAL WIRELESS SERVICE FACILITY (PWSF): A facility for the provision of personal wireless services as defined by the telecommunications act of 1996, and any amendments thereto. Personal wireless service facilities are composed of two (2) or more of the following components:

   A.   Antenna;

   B.   Mount;

   C.   Equipment cabinet;

   D.   Wall or security barrier.

SITE: The physical location occupied by a single tower and its accompanying ground mounted or roof mounted equipment.

TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including monopole towers. This term includes radio and television transmission towers, microwave towers, common carrier towers, and digital and/or cellular telephone towers, alternative tower structures, and the like. This term also includes the structure and any support thereto. Lattice type structures or structures which require the use of guywires are strongly discouraged. (Ord. 03-2005, 9-6-2005)

   A.   Antennas and towers may be considered as either a principal or an accessory use. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such a lot.

   B.   For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

   C.   The setback of the communication equipment and/or the accessory structures shall meet the building setbacks for the zoning district in which it is located. Towers shall be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line. Facilities that are located on streetlights, traffic signal poles, sixty nine (69) kilovolt or above, and existing electrical utility poles are exempt from setback requirements.

   D.   Towers shall be painted or treated to minimize the contrast of the tower against the horizon. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding development.

   E.   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be painted or treated such that they match the color and/or texture of the supporting structure.

   F.   Rooftop mounted equipment shall be screened from off site views to the extent possible by solid screen walls or the building parapet. Screening shall be integrated into and architecturally compatible with the building design.

   G.   Building mounted antennas shall be mounted a minimum of one foot (1') below the top of the building wall, shall not be extended more than twelve inches (12") from the face of the building, and shall be either treated or painted to match the color and texture of the building.

   H.   Towers shall be enclosed by security fencing not less than six feet (6') in height and no more than eight feet (8') in height and shall be nonclimbable. Above ground equipment cabinets shall be completely screened from view by a compatible solid wall or view obscuring fence.

   I.   All equipment shall be unmanned. Equipment storage buildings or cabinets shall comply with all applicable building codes.

   J.   Any exterior lighting shall be within the walled area and shall be mounted on poles or on the building wall below the height of the screening fence or wall. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

   K.   No signs shall be allowed on an antenna, on a tower or on any portion of the premises leased for wireless communication use, except that each PWSF shall be identified by a permanently installed plaque or marker, no larger than one foot by one foot (1' x 1') , clearly identifying the provider's name, address and emergency phone number.

   L.   All new towers or poles over forty feet (40') in height shall allow for collocation by other wireless communications providers. (Ord. 03-2005, 9-6-2005)

   A.   Wireless communication towers and antennas may be permitted in the I-1 and I-2 zoning districts, by right, if located on property owned, leased or under the control of the town of Parker, and with a conditional use permit in the industrial zoning districts, if not located on property owned, leased or under the control of the town of Parker.

   B.   Amateur radio towers and antennas are permitted in all single residence zoning districts, with a conditional use permit, provided:

      1.   Such structures shall not be located in the required front yard, or required street side side yard, or in front of the front line of the dwelling or principal building; and

      2.   Such structures shall in no case be located nearer than five feet (5') to any side or rear property line; and

      3.   Such structures do not exceed a height of fifteen feet (15') within a required side or rear yard; and

      4.   Such structures do not exceed the maximum building height of the zoning district in which such structure is located; and

      5.   Not more than two (2) such structures shall be erected per lot or parcel.

      6.   The tower and antenna shall be retractable. (Ord. 03-2005, 9-6-2005)

The following provisions shall govern the issuance of conditional use permits for towers and antennas by the town council:

   A.   If a conditional use permit is required, it shall be processed in accordance with section 10-3-4 of this title.

   B.   In granting a conditional use permit, the town council may impose conditions to the extent such conditions are necessary to minimize adverse effects of the proposed tower or antenna on adjoining properties, and to blend with other similar vertical objects and not be intrusive in its setting or obtrusive to views and the surrounding landscape.

   C.   When a use permit is granted for a collocation on a facility with an existing use permit, the action of granting the new use permit shall extend the existing use permit so that they will expire simultaneously.

   D.   Upon compliance with the requirements of this chapter and stipulations of the conditional use permit, the building inspector shall issue a permit for the installation of the PWSF or the amateur tower and/or antenna to be installed per the approved application. (Ord. 03-2005, 9-6-2005)

   A.   All wireless communication facilities shall submit the following information:

      1.   All PWSF applications will go through the normal preapplication process as outlined in section 10-3-1 of this title.

      2.   A map of the service area for this facility.

      3.   A scaled site plan indicating the location, type and height of the proposed facility, mounting style and number of antennas on each facility, on site land uses and zoning, adjacent land uses and zoning, proposed means of access, setbacks from property lines, elevation drawings of the proposed facilities, and any other information deemed by the zoning administrator to be necessary to assess compliance with this chapter.

      4.   Each applicant for an antenna and/or a tower shall provide the town with an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are within the jurisdiction boundaries of the town of Parker, the town's planning area as determined by the Parker general plan, and within one mile of the town's border. The inventory shall include specific information about the location, height, range, design of each antenna and/or tower, and the owner/operator of the existing facilities, if known. This inventory shall also include a one year build out plan for all other wireless communications facilities within the town.

   B.   All new towers or poles shall also provide the following information:

      1.   A map that shows any personal wireless antenna monopoles or towers within a mile radius of the proposed site that are existing or are currently under construction.

      2.   Description of any efforts to collocate the proposed facility on one of the monopoles or towers that currently exists, or is under construction. Provide engineering information or letters from the owners of the existing monopoles describing why collocation is not a possibility.

      3.   Description of detailed efforts to locate the proposed facility on an existing vertical element, such as a building or a pole, that is comparable to the height of the proposed facility. Include a map of the sites.

      4.   The applicant shall demonstrate that the engineering of a proposed new tower or pole and the placement of ground mounted facilities will accommodate other providers' facilities. The owner of the tower or pole and the property on which it is located must certify that the tower or pole is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis.

      5.   Description of efforts to blend personal wireless facilities with the surrounding area, including the process for arriving at the color for the proposed pole or tower. Describe the efforts to minimize the diameter of the pole and the mass of the tower supporting the proposed facility.

      6.   Illustrate the method of fencing and the finished texture and color and, if applicable, the method of camouflage and illumination.

   C.   All new rooftop and building mounted PWSF shall also provide the following information:

      1.   Description of the type, height, mounting style, number of antennas, and method of screening or blending the facility with the building.

      2.   Description of the process for arriving at the color of the personal wireless facility and the options that were explored for screening the personal wireless facility.

      3.   Description of the alternative structures used and any structural alterations that may be required to accommodate the PWSF, such as, but not limited to, elements that camouflage or conceal the presence of antennas or poles, if a pole is utilized to support the personal wireless facility. (Ord. 03-2005, 9-6-2005)

   A.   Communication towers and antennas designed and used specifically for public safety purposes shall be reviewed by the zoning administrator and are exempt from the conditional use permit process. Communication towers and antennas approved for public safety purposes and which are also utilized by commercial communication companies shall be considered commercial communication towers and are subject to approval of a conditional use permit; if applicable. (Ord. 03-2005, 9-6-2005)