These regulations for personal wireless service facilities are adopted for the general purposes of this ordinance and for the following specific purposes:

A.

To enhance the ability of the providers of telecommunications services to provide such services to the community safely, effectively and efficiently;

B.

To encourage the users of support structures and antennas to collocate where possible, and to locate all facilities, to the extent possible, in areas where adverse impact on the community is minimal;

C.

To identify standards in order to ensure equitable treatment of providers of functionally equivalent telecommunications services; and

D.

To minimize the visual impact of towers through design, screening and landscaping.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

Personal wireless service facilities are prohibited in the SF-1 through SF-3, single-family dwelling zoning districts.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

An application must be filed with the director of planning for any initial location of a personal wireless service facility or for a change to an existing personal wireless service facility. The application shall be in the form and require the information determined to be necessary by the planning department.

The director of planning may approve, approve with conditions or deny applications proposing personal wireless service facilities that comply with the applicable design standards in section 9.5 below and with the following conditions:

The planning director must notify the applicant of any deficiencies in the application within 30 days of receipt of the application. The planning director must make a decision on an application within 90 days of receipt of the application (extended by any number of days that the application remained deficient).

The director of planning must approve a change to an existing personal wireless service facility if the requested change does not substantially change the existing dimensions.

Any decision on an application by the director of planning must be in writing and must be supported by substantial evidence.

If the director of planning denies an application or approves an application with conditions, the applicant may appeal the decision to the zoning board of adjustment in accordance with the procedures in section 3.8.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

A specific use permit reviewed in accordance with section 3.5 is required for personal wireless service facilities proposed to be located in a manner that is not eligible for administrative approval as set forth in section 9.3 above.

B.

Every application must be evaluated for compatibility of height with surrounding areas and provision for collocation.

C.

A personal wireless service facility must meet the design standards in section 9.5 below.

D.

The radius for mailed notice of a zoning map amendment as described in section 3.3.3 must be increased to 500 feet for an application for a specific use permit for personal wireless service facilities.

E.

The applicant must be notified of any deficiencies in the application within 30 days of receipt of the application by the city.

F.

In no circumstance may the process take more than 150 days from the date that the application was received, extended for any delays caused by the applicant. Any decision must be in writing and supported by substantial evidence.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

Boundary and use setbacks.

1.

A guy or guy anchor for a facility must not be closer than 20 feet to a bounding property line.

2.

The distance between the base of a self-supported tower and the property line of any residential zoning district or use must not be less than three times the height of the tower structure.

B.

Security screening fence.

1.

A solid, wood or masonry fence, a minimum of eight feet in height, must completely enclose the base of every tower.

2.

In a residential zoning district or on property that abuts a residential zoning district or use, a solid wood or masonry fence, a minimum of eight feet in height, must completely enclose all mechanical equipment and accessory structures.

3.

In addition to the screening fence, a security fence of at least six feet in height must be built to safely discourage unauthorized access to facilities.

4.

External and internal gates and doors that provide access to a facility must be equipped with a self-locking or self-latching mechanism for purposes of preventing unauthorized access.

5.

Screening is not required for a facility located on a building that is not designed or built primarily to support the facility, if the ancillary equipment, including but not limited to the equipment enclosure, is not visible from an abutting property line or public street right-of-way.

C.

Landscaping. Landscaping must be continuously maintained in a healthy, growing condition and be trimmed as necessary to comply with ordinances governing height of grass, corner sight obstruction and street and sidewalk obstruction.

D.

Collocation. A new freestanding tower is not permitted unless the applicant demonstrates to the satisfaction of the approving authority that existing, permitted or proposed alternative support structures cannot accommodate the proposed facilities for the following reasons:

1.

Height is not sufficient to meet applicant's engineering requirements;

2.

Structural strength is not sufficient to support applicant's proposed facilities and cannot be reinforced in accordance with engineering requirements;

3.

Other aspects of structure do not meet applicant's technical design requirements;

4.

Electromagnetic interference would result from collocation;

5.

Fees or costs for sharing or adapting are unreasonable; any cost that is less than the cost to construct and develop a new tower is presumed to be reasonable;

6.

Owners of alternative structures are unwilling to accommodate the applicant's needs within 30 days after the date such owners received applicant's written request; or

7.

Other factors render alternative support structures unsuitable.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

At such time as the facility is no longer utilized for service, the tower owner or operator must submit written notification to the director of planning within 30 days of non-use.

B.

In the event the use of any facility has been discontinued for a period of 180 consecutive days, the tower is deemed abandoned. The director of planning is responsible for making a determination of the date of abandonment. The director of planning reserves the right to request documentation or affidavits from the owner or operator regarding the issue of tower usage.

C.

Upon such abandonment, the owner or operator of the tower has 90 days to complete either of the following:

1.

Request to reactivate the use of the tower or transfer the tower to another owner or operator with the use of the tower being identical to that approved for the original applicant; or

2.

Dismantle and remove the tower and associated facilities.

D.

If a facility remains abandoned after the 90-day period, the city may require the removal of the facility. All aspects of the facility, including but not limited to paving material, support structures, wires, fencing and platforms must be removed from the site.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

The property owner must remove all components of personal wireless service facilities, including but not limited to paving material, support structures, wires, fencing and platforms, no later than the 90 days after the date that the specific use permit is revoked.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)