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Sedona City Zoning Code

ARTICLE 4

Wireless Communication Facilities

4.1. Title

This Article shall be known as the Sedona Wireless Communication Facilities Ordinance.

4.2. Purpose

The purpose of this article is to:

A. Provide protection of the unique natural beauty and small-town character of the City as specified in the Sedona Community Plan while meeting the needs of its citizens to enjoy the benefits of wireless communication services;

B. Promote the health, safety and general welfare of the public by regulating the siting of wireless communication facilities, including satellite earth stations;

C. Consider potential impact on historical and environmentally sensitive areas and adjacent properties;

D. Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;

E. Encourage the location and collocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic and public safety impacts, effects upon the natural environment and wildlife, and the need for additional towers;

F. Encourage antenna configurations that minimize additional visual impact through careful and innovative siting;

G. Accommodate the growing need and demand for wireless communication services;

H. Encourage coordination between suppliers of wireless communication services in the City;

I. Respond to the policies embodied in the Telecommunications Act of 1996 and the 2012 Spectrum Act in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the City;

J. Establish predictable and balanced regulations governing the construction and location of wireless communication facilities, within the confines of permissible local regulation for locations outside of public rights-of-way. Wireless communication facilities within a ROW shall be regulated in accordance with the provisions of Sedona City Code Title 12 and the provisions of A.R.S. § 9-591 et seq.; and

K. Establish review procedures to ensure that applications for wireless communication facilities are reviewed and acted upon within a reasonable period of time.

4.3. Administration

4.4. General Development and Design Standards and Processes

4.5. Noncommercial Amateur Radio Tower or Oversized Satellite Earth Station

An applicant proposing either (A) a satellite earth station larger than the parameters set forth in Section 4.3.A(2)g or (B) an amateur radio tower that is 65 feet or greater or is not located either directly behind the rear structural wall of a residential or commercial structure, or is attached to the rear or side of a residential or commercial structure, shall obtain a conditional use permit as set forth in Section 8.4.B, Conditional Use Permit, relative to the review criteria provided in Section 4.3.C, Approval Criteria, prior to submittal for building permit approval and the initiation of construction.

4.6. Interference with Public Safety Communications

In order to ensure that the City’s public safety radio services will be free from objectionable technical interference, all applicants requesting a permit for a wireless communication facility or an AM/FM/TV/DTV facility shall agree, in addition to any other requirements:

A. To demonstrate compliance with good engineering practices;

B. To provide the City a copy of all inter-modulation studies submitted to the FCC;

C. Not to induce objectionable technical interference to the City’s public safety radio services;

D. To comply with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI);

E. In the case of collocation of wireless communications facilities either in the same location or on the same tower as the City’s, to not cause or permit to be caused by its transmissions or other activities on the premises, objectionable technical interference of any kind whatsoever to the broadcasting transmissions, reception, or electromagnetic communications of the City;

F. To pay for any studies requested by the City’s Director to determine if the applicant’s wireless communication facilities are causing objectionable technical interference; and

G. Upon notification by the Director, if the operations of the applicant are causing objectionable technical interference, to immediately undertake all steps necessary to determine the cause of and eliminate such interference utilizing the procedures set forth in the joint wireless industry-public safety “Enhanced Best Practices Guide,” released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the “Good Engineering Practices,” as may be amended or revised by the FCC from time to time in any successor regulations, at the cost of the applicant. If said interference continues for a period in excess of 48 hours after notice from the Director, the City shall have the right to cause the applicant to cease operating the equipment that is causing the objectionable technical interference or to reduce the power sufficiently to ameliorate the objectionable technical interference until the condition causing said interference has abated.

4.7. Post-Construction Inspections

A. Wireless communication facility owners (other than amateur radio towers) shall submit a report to the Community Development Department certifying structural and electrical integrity, as well as continued compliance with RF exposure standards specified in OET-65, upon activation of the facility and thereafter once every two years on the anniversary of the certificate of completion.

B. Inspections shall be conducted by an engineer licensed to practice in the state of Arizona. Based upon the results of an inspection, the Director of the Community Development Department may require repair or removal of a wireless communication facility.

C. The City may conduct periodic inspections with the cost of such inspection paid by the owner of the wireless communication facility as provided in the fee schedule of the City to ensure structural and electrical integrity. The owner of the wireless communication facility may be required by the City to have more frequent inspections if there is evidence that the wireless communication facility has a safety problem or is exposed to extraordinary conditions.

4.8. Abandonment and Removal

A. Towers and base stations shall be removed and the site restored at the owner’s expense, within 180 days of cessation of use.

B. An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The Director may extend the time for removal or reactivation up to 60 additional days upon a showing of good and unique cause. If the tower or base station is not removed within this time, the City may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the City may cause removal at the cost of the owner.

C. Upon removal of the tower or base station, the site shall be returned to its natural state and topography and vegetation consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal, excluding the foundation, which does not have to be removed. The Director may extend the time for returning the site to its natural state, topography, and vegetation up to 60 additional days upon a showing of good and unique cause. If the site improvements are not made, the City may give notice that it will contract for the improvements within 30 days following written notice to the owner. Thereafter, the City may contract the improvements at the cost of the owner.

A. Applicability

(1) Except as provided for in subsection 4.3.A(2) below, this article shall apply to development activities including installation, construction, or modification to all the following wireless communication facilities:

a. Existing towers, concealed and nonconcealed; publicly and privately owned;

b. Proposed towers, concealed and nonconcealed; publicly and privately owned;

c. Replacement of any existing tower;

d. Collocation on any existing tower or base station;

e. Existing concealed and nonconcealed base stations, publicly and privately owned;

f. Proposed concealed and nonconcealed base stations, publicly and privately owned;

g. AM/FM/TV/DTV broadcasting facilities; and

h. Amateur radio tower(s).

(2) The following items are exempt from the provisions of this article, notwithstanding any other regulations established in this Code:

a. Noncommercial, amateur radio towers or antennas that are less than 65 feet in height and attached to the rear or side of residential or commercial structures or freestanding in an area directly behind the rear structural wall of a residential or commercial structure. Noncommercial, amateur, ham radio or citizens’ band towers, antennas or antenna arrays with heights greater than 65 feet or not located directly behind the rear structural wall of a residential or commercial structure, or attached to the rear or side of residential or commercial structures shall be regulated in accordance with Section 4.4, General Development and Design Standards and Processes;

b. Regular maintenance of any existing wireless communication facility that does not include an increase in the size or number of antenna; the addition of radio heads or other similar structures; the addition of coaxial cable; or the addition of equipment shelters, cabinets or generators;

c. The replacement of existing antennas, antenna panels, antenna elements or other equipment on an existing tower or base station by the same owner or wireless communication facility provider; provided, that the replaced antennas, antenna elements or equipment meet building code requirements (including wind loading) and provided such replacement does not increase the overall height or width of the structure;

d. A government-owned wireless communication facility, upon the declaration of a state of emergency by federal, state, or local government and a written determination of public necessity by the Fire Chief or Chief of Police; except that such facility must comply with all federal and state requirements. No wireless communication facility shall be exempt from the provisions of this article beyond the duration of the state of emergency;

e. Data, video or information transmission as part of the day-to-day operations of a commercial business, including, for example, processing of credit card sales, automatic inventory control, and the like, which are mounted on and do not extend more than two meters or six and one-half feet above the roof surface of any building. Where technologically feasible, such antennas shall not be mounted on an exterior parapet wall facing a ROW or private easement;

f. A commercial or residential wireless internet send/receive antenna that is required to be located at the point of use. Where technologically feasible, such antennas shall not be mounted on an exterior parapet wall facing a ROW or private easement;

g. OTARD including satellite earth stations, so long as the device does not require construction of a tower or other structure exceeding 12 feet above the home or building and the device is no more than one meter in diameter in a residential zone or two meters in any other zone district. Where technologically feasible, such antennas shall not be mounted on an exterior parapet wall facing a ROW or private easement;

h. Any antenna-supporting structure that is damaged or destroyed by fire, flood, explosion, earthquake, war, riot, or act of God may be reconstructed and used as before if done within 12 months of such calamity; provided, that there is no increase in structure height, width or number of antennas. If a new, larger antenna-supporting structure is proposed as a replacement structure, then the requirements of Section 4.3.B, Approvals Required, shall be satisfied;

i. A temporary PWSF, utilized for not more than 60 calendar days, which does not require FAA lighting or marking and does not require any kind of excavation; and

j. A wireless communication facility located within a ROW, which shall be regulated in accordance with the provisions of Sedona City Code Title 12 and the provisions of A.R.S. § 9-591 et seq.

(3) Siting Preferences for New Wireless Communication Facilities

a. Siting of new PWSF of any type shall be in accordance with the siting preferences below and with the use table below. Where a lower-ranked alternative is proposed, the applicant must demonstrate through relevant information including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established preferences within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed facilities, by clear and convincing evidence. The applicant must provide such evidence in its application in order for the application to be considered complete. No new PWSF shall be permitted unless the applicant demonstrates that no existing PWSF can accommodate the applicant’s proposed facility; or that use of such existing facilities would prohibit personal wireless services in the area of the City to be served by the proposed antenna-supporting structure.

b. Evidence submitted to demonstrate that no existing PWSF could accommodate the applicant’s proposed facility may consist of any of the following:

1. No existing PWSF located within the geographic search ring or a one-half mile around the geographic search ring meet the applicant’s engineering requirements.

2. Existing PWSF are not of sufficient height to meet the applicant’s engineering requirements.

3. Existing PWSF do not have sufficient structural strength to support the applicant’s proposed wireless communication facilities and related equipment.

4. The applicant demonstrates that there are other limiting factors that render existing PWSF unsuitable.

c. Siting for new PWSFs is as shown in Table 4.1. The preferred order of alternative ranking, from highest to lowest, shall be 1, 2, 3, 4, and 5 (and within each ranking a, b, c, etc.).

Table 4.1 Siting for New PWSFs

PWSF Type

Tower Example

Base Station Example

Other Example

1. Concealed Base Station

a. City-owned property

Not applicable

b. Other public property

c. Privately-owned property zoned nonresidential

d. Privately-owned property zoned:

i. Non-residential use in residential single family (RS) or residential multi-family (RM) districts

ii. Non-residential multi-family structures in high density multi-family (RM) districts.

iii. Residential multi-family structures in high density multi-family (RM) districts.

2. Collocation

a. Concealed collocation on an existing concealed tower or concealed base station

Not applicable

b. On a non-concealed tower or base station

3. Replacement

Replacement of existing non-concealed tower with a concealed tower

No picture available

No picture available

No picture available

4. Concealed Tower for Small Cell, DAS or Node (not macro)

a. City-owned property

Not applicable

b. Public property

c. Privately-owned property zoned nonresidential

d. Privately-owned property that is:

i. Nonresidential use in residential single-family (RS) or residential multifamily (RM) districts

ii. Nonresidential multifamily structures in high density multifamily (RM) districts

iii. Residential multifamily structures in high density multifamily (RM) districts

B. Approvals Required

All applications for PWSF shall be considered by the Planning and Zoning Commission (Commission) at a public hearing as set forth in Section 8.4.B, Conditional Use Permit, based on potential location, aesthetic or visually related impacts as a result of the proposed antenna’s height, color, size and the like, except as set forth below.

(1) All applications for: (a) concealed replacement tower collocations that do not constitute a “substantial change” on an existing tower or base station that has been designed and approved to accommodate multiple wireless collocations; or (b) replacements of existing nonconcealed towers with concealed towers; shall each be subject to review and approval by the Director, relative to the review criteria provided in Section 4.3.C, Approval Criteria.

(2) All applications for any wireless communication facilities within a ROW that meet the eligibility criteria for “small cell facilities” in A.R.S. §9-591 et seq. shall be subject to review and approval by the City Engineer in accordance with the provisions of application processes and approval criteria that are set forth in Title 12, Sedona City Code and A.R.S. §9-591.

C. Approval Criteria

In considering any application for a conditional use permit for the establishment of a tower or base station, the Director or Commission’s decision shall be guided by the application of the following criteria:

(1) Use of suitable existing towers or base stations is preferred over placement of new towers;

(2) New base stations that do not exceed height limitations for the zoning district are preferred over base stations that do exceed the height limitation for the zoning district;

(3) Concealed wireless communication facilities that cannot be readily observable by pedestrians on adjacent streets to such facility are preferred over facilities that are readily observable by pedestrians on adjacent streets;

(4) Collocation of multiple uses on a single wireless communication facility will have significant favorable weight in evaluating the application;

(5) Network development plans that achieve the fewest number of wireless communication facilities of all users reasonably necessary for commercial coverage are preferred;

(6) Location in nonresidential zoning districts is preferred over residential districts;

(7) Suitability of the location for collocation of governmental public service wireless service facilities.

D. Location by Zoning District

(1) Generally

a. No wireless communication facilities shall be allowed in any Open Space Districts.

b. Wireless communication facilities may be permitted in the following districts subject to approval by the Director or Commission as set forth in Section 4.3.B, Approvals Required.

Table 4.2 Table of Allowed Uses for Wireless Communication Facilities

P = permitted C = conditional use permit required A = accessory Blank Cell = use prohibited

Residential

Non-Residential

Other

RS-70

RS-35

RS-18

RS-10

RS-6

RMH

RM-1

RM-2

RM-3

M1

M2

M3

CO

IN

L

CF

OS

OC

Wireless Communication Facilities

Concealed Base Station on Property with a Nonresidential Land Use

City-Owned Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Other Public Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Private Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Replacement of Existing Non-Concealed Tower With a New Concealed Tower

Other Public Property

M

M

M

M

M

M

M

M

M

M

M

M

M

M

M

Private Property

M

M

M

M

M

M

M

M

M

M

M

M

M

M

M

Concealed Small Cell Tower, DAS or Node (Not Macro) on Property with a Residential Land Use

City-Owned Property

C

C

C

C

C

C

Other Public Property

C

C

C

C

C

C

Private Property

C

C

C

C

C

C

Concealed Small Cell Tower, DAS or Node (Not Macro) on Property with a Nonresidential Land Use

City-Owned Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Other Public Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Private Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Concealed Macro Tower on Property with a Nonresidential Land Use

City-Owned Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Other Public Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Private Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Collocation on Eligible Facility

Non-substantial Change

M

M

M

M

M

M

M

M

M

M

M

M

M

M

M

M

Collocation on Eligible Facility with Substantial Change or on a Non-Eligible Facility on Property with a Nonresidential Land Use

City-Owned Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Other Public Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Private Property

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

2. City Parks

Concealed wireless communication facilities may be permitted within City park areas. Consideration will be given to locating wireless communication facilities on athletic field lighting standards, provided the equipment does not interfere with the primary purpose of the lights and does not detract from the overall aesthetics of the facility.

E. Application Submittal Requirements

Prior to submitting an application as described below, an applicant shall conduct a pre-application meeting with the City to discuss the application and the applicant’s plans.

(1) Application

An application for any type of wireless communication facility shall include the following information:

a. A completed application form and any appropriate fees.

b. An accurate inventory of applicant’s existing wireless communication facilities, which are existing or for which application for approval or permit has been submitted for zoning or construction, which are within the jurisdiction of this article or within one mile of the City limits. The inventory shall include the location, height, type, ownership and all tenants of each facility.

c. A map of all locations owned, leased, or operated by the applicant and their coverage that are located within the jurisdiction of this article or within one mile of the City limits of the proposed site or which are capable of service with the proposed site by wireless means.

d. An accurate site plan of the proposed wireless communication facility showing the means of access, all adjacent roadways, and a complete landscape plan.

e. A scaled drawing of the exterior of the proposed wireless communication facility, clearly showing the method of fencing; coloration; materials; illumination; and camouflage.

f. Photo-simulated pre- and post-construction renderings of the proposed wireless service facilities, equipment enclosures and ancillary structures as they would look after construction from locations to be determined at the time of application submittal (but shall, at a minimum, include renderings from the vantage point of any adjacent roadways and occupied commercial or residential structures), as well as photo-simulations of the antenna-supporting structure after it has been fully developed with antenna structures (applicant may assume for the purpose of the simulation that other antenna structures on the facility will resemble their proposed structure in size and design).

g. Exterior paint or finish samples of the colors to be used in the construction of the tower, base station and ground equipment facilities.

h. Proof of ownership or a letter of authorization from the property owner stating that the applicant may install a wireless communication facility on their property.

i. A signed statement from the wireless communication facility owner or owner’s agent stating that the radio frequency emissions comply with FCC standards for such emissions as set forth in 47 CFR 1.1307, 1.310, 2.091 or 2.093, as amended and as applicable (Report and Order, ET Docket 93-62 (Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation), 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order and Notice of Proposed Rule Making, ET Docket 93-62 (WT Docket 97-192), 12 FCC Rcd 13494 (1997)). In particular, the statement shall demonstrate the proposed facility, individually and cumulatively, will not exceed the maximum permissible exposure level to the general public of approximately 580 microwatts per square centimeter. In addition, any collocation application shall contain an analytical report which confirms that following installation, the composite facility will remain in compliance with FCC standards as stated in OET-65.

j. Proof of an FCC license to transmit and/or receive radio signals in the City prior to commencement of operations.

k. Prior to issuance of a building permit, a stamped or sealed structural analysis of the proposed antenna-supporting structure prepared by a licensed Arizona engineer indicating the proposed and future loading capacity of the antenna-supporting structure.

l. Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations Part 77, Objects Affecting Navigable Airspace.

m. A signed statement from the wireless communication facility owner agreeing to allow the collocation of other wireless equipment on the proposed antenna-supporting structure.

n. When conditional use permit is required, an ownership map of property owners within 300 feet of the exterior boundaries of the subject property as shown on the last assessment of the property. A list of these property owners shall also be provided on mailing labels and keyed to a map showing the location of the identified properties.

o. Cover letter describing the overall project and addressing in writing how the proposed wireless communication facility satisfies the requirements of this article.

p. All other documentation, evidence or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this article, including where applicable:

1. Existing wireless communication facilities to which the proposed facility will be a handoff candidate, including latitude, longitude and power levels of each;

2. A radio frequency plot indicating the coverage of existing wireless service sites, and that of the proposed site sufficient to demonstrate radio frequency search area, coverage prediction with legend and signal levels, and design radius, together with a certification from the applicant’s radio frequency engineer that the proposed facility’s coverage or capacity potential cannot be achieved by any higher ranked alternative such as collocation, attached facility, replacement facility or concealed facility;

3. Prior to issuance of a building permit, a statement by a qualified professional engineer specifying the design structural failure modes of the proposed facility;

4. Antenna heights and power levels of the proposed facility and all other facilities on the subject property; and

5. A statement from the applicant that demonstrates that alternative locations, configurations and facility types have been examined; and addresses in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration and location proposed including but not limited to:

i. Height;

ii. Mass and scale;

iii. Materials and color;

iv. Illumination; and

v. Information addressing the following items:

a. The extent of any commercial development within the geographic search ring of the proposed facility;

b. The proximity of the structure to any residential dwellings;

c. The proximity of the structure to any public buildings or facilities;

d. The existence of tall and like structures within the geographic search ring of the proposed structure.

q. Citizen Participation Plan and Report as set forth in Section 8.3.D, Citizen Review Process, when a conditional use permit is required.

r. A statement that the proposed facility conforms with state of the art, as defined herein, or alternatively, that state of the art technology is unsuitable for the proposed facility and the basis for same. Costs of state of the art technology that exceed facility development costs shall not be presumed to render the technology unsuitable.

s. Any other materials and data as may be required by the Director.

F. Expert Review

(1) Because of the complexity of the methodology or analysis required to review an application for a wireless communication facility requiring a conditional use permit, the Director may require a technical review by a third-party expert. The costs of this review shall be payable in advance by the applicant, in accordance with the Fee Schedule of the City of Sedona and shall be in addition to applicable conditional use permit and building permit fees.

(2) The expert review may address any or all the following:

a. The accuracy and completeness of submissions;

b. The applicability of analysis techniques and methodologies;

c. The validity of conclusions reached;

d. Whether the proposed wireless communication facility complies with the applicable approval criteria set forth in these regulations;

e. Other matters deemed by the Director to be relevant to determining whether a proposed wireless communication facility complies with the provisions of these regulations.

(3) Based on the results of the expert review, the Director may require changes to the applicant’s application or submittals.

G. Essential Public Services

(1) Wireless communication facilities outside public right-of-way shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.

(2) By submitting any application under this article, applicant shall be deemed to agree that their service is subordinate to essential public service services, and agrees to suspend use of any site, which may conflict with such services, regardless of the reason for such conflict, until such conflict is resolved.

H. Enforcement

Wireless communication facilities that are not in compliance with all portions of this article shall be removed at the owner’s expense if not brought into compliance within 30 days after written demand by the City.

A. General Standards

All wireless communication facilities regulated under this article shall meet the following general development and design standards and processes at a minimum:

(1) Impact Fee Calculation

a. For the purposes of impact fee calculation, the floor area for a wireless communication facility shall be considered a commercial use and shall include the total square footage of all equipment enclosures and the areas of the antenna-supporting structure foundation at or above grade.

b. The following shall be considered as development area and shall be required to meet the setbacks and open space ratio requirements for the land use district where they are located:

1. The area beneath all equipment enclosures;

2. The area of the antenna-supporting structure foundation at or above grade;

3. The area beneath ancillary structures;

4. The area inside the antenna-supporting structure framework.

(2) Signage

a. Identification Signage

Identification signage for each wireless communication facility shall be required for the purpose of identifying the owner as well as the tenants, responsible party for the operation and maintenance of the facility, its current address and telephone number, ASR registration number, site name, security or safety signs and property manager information (if applicable). Identification signage on wireless communication facilities shall not exceed four square feet.

b. High Voltage Signage

If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the structure, signs located every 20 feet and attached to an enclosing fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four inches) the following: “HIGH VOLTAGE – DANGER.”

(3) Sounds

No unusual sound emissions such as alarms, bells, buzzers or the like are permitted and shall be consistent with City Code. Sounds shall not exceed 65 dba at any exterior line of a property in a commercial district and 55 dba at any exterior line of a property in a residential district.

(4) Antenna Mounting

Antennas and related service equipment mounted on a service tower shall be mounted as close to the tower as possible.

(5) Equipment Cabinets

a. Vaulting underground freestanding equipment cabinet or shelter and/or power meter not attached to an existing structure is preferred. However, if the applicant can demonstrate that underground water table or floodplain issues prevent vaulting the supporting ground equipment then it may be placed on the ground. In no instance shall supporting ground equipment be located farther than two feet from the base of the structure and it shall not interfere with pedestrian or vehicular traffic.

b. Equipment shelters or cabinets not vaulted shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop.

c. Screening enclosures shall be allowed when the design is architecturally compatible with the building.

d. Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure.

e. The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.

(6) Maintenance

Wireless communication facilities shall be maintained in compliance with standards contained in applicable state or local building codes and the applicable health and safety standards established by the FCC or other bodies having jurisdiction, as amended from time to time.

(7) Structural Integrity

The entire tower or base station and all appurtenances shall be designed pursuant to the design requirements of the most current edition of the IBC adopted by the City of Sedona. In addition, the entire tower or base station and all appurtenances shall be designed pursuant to the design requirements of ASCE 7, including wind speed design requirements, and tower loading/wind design requirements of EIA/TIA 222-G, Series II, including any subsequent modification to those specifications.

(8) Lighting

New towers shall be illuminated only when required and in accordance with FAA requirements to provide aircraft obstruction lighting. All other on-site lighting required for security or emergency purposes shall be in accordance with Section 5.8, Exterior Lighting, and be activated by timers or motion detectors.

(9) Grading and Drainage

Applicants shall furnish evidence that the proposed facility does not violate requirements in Section 5.3, Grading and Drainage.

(10) Historical/Environmental Review Compliance

Applicants shall furnish evidence that the proposed facility has completed any applicable federal/state/tribal historical review or environmental review processes.

B. Standards for Specific Types of Facilities

In addition to the foregoing general development and design standards, the following additional development and design standards apply to the specific type of wireless communication facility identified below:

(1) New Concealed Base Station Facilities for Macro, Small Cell, DAS, or Nodes

The following additional standards and processes apply to all new concealed base station facilities:

a. Height

1. The overall height of any new base station facility on a rooftop shall not exceed more than 10 feet above the rooftop or parapet whichever is greater. “Height” for all purposes in this subsection shall mean the linear distance from the rooftop where the antenna is attached to the highest physical point on the wireless communication facility.

2. The overall height of any new base station facility on an existing utility or light pole shall not exceed five feet above the existing pole.

b. Color, Screening, and Placement

1. Buildings

i. Where feasible, antennas shall be placed directly above, below or incorporated with vertical design elements of a building or structure to maximize concealment.

ii. Base station facilities shall be concealed in some fashion (e.g., screened by a parapet or other device to minimize its visual impact as measured from the boundary line of the subject property).

iii. Base stations shall be designed in such a manner as to be compatible with the existing structure. The base station facility shall be constructed to integrate with the existing architecture. There shall be as little contrast as possible between the communications equipment and the structure.

2. Poles

i. All cables shall be installed internally; but where internal mounting is not possible, surface mounted wires shall be enclosed within conduit or a similar cable cover which shall be painted to match the structure or building on which that DAS is mounted.

ii. Attached equipment box and power meter is discouraged; however, if attachment is justified, equipment box and meter shall be located on the pole at a height that does not interfere with pedestrian or vehicular traffic or visibility and where applicable shall not interfere with street name signs or traffic lighting standards.

c. Approval Process

Approvals for any proposed facility under this section shall be pursuant to Section 4.3.B, Approvals Required.

d. Timing for Review

A new concealed base station facility shall be reviewed and a decision rendered within 150 days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide personal wireless services, or within such other mutually agreed upon time. (“Spec” base stations are not entitled to review and decision within 150 days, or to any of the other protections of the Telecommunications Act.) Construction permits issued for new concealed base stations shall be valid for a term of 180 days and shall lapse and be void if construction of the contemplated concealed base station is not completed within that time.

(2) Collocations on Existing Towers or Base Stations

The following additional standards and processes apply to all collocation facilities:

a. On Eligible Facility; Nonsubstantial Change

1. Any collocation that is on an eligible tower or eligible base station, and that is not a substantial change as defined in Section 9.8, Wireless Communication Facility Definitions, shall be subject to the approval process set forth in Section 4.3.B.

2. Approval Process

i. Applicants shall complete a wireless infrastructure application and building permit application and submit applicable filing fees.

ii. The Director shall review application and decide if the application meets the nonsubstantial change definitions and notify applicant in writing within 30 days of submission if the application is incomplete or complete. If incomplete, the City shall specifically delineate the missing information. The applicant shall resubmit the missing information. The timeframe for review will begin running again when the applicant makes a supplemental submission. The City shall review and provide written notice to the applicant within 10 days if the application is approved or remains incomplete. If incomplete the City shall provide in writing specifically delineating the missing information.

iii. City shall complete review process within 60 days, accounting for any tolling, including any review to determine whether an application is complete unless there is a mutual agreement to an extension of time. The request will be deemed granted is not approved within the 60-day period, accounting for any tolling or mutually agreed upon extension of time.

b. Collocation on Noneligible Facility or a Substantial Change

1. Approval Process

Any and all collocations that exceed the parameters set forth in the substantial change definition or are on a noneligible facility are subject to discretionary approval on a case-by-case and site-specific basis through the conditional use process as set forth in Section 4.3.B, Approvals Required. Applicants shall minimize substantial changes as much as possible.

2. Antenna Mounting

Antennas and related service equipment mounted on a service tower shall be mounted as close to the tower as possible.

3. Timing for Review of Substantial Change Collocations

A substantial change collocation shall be reviewed, and a decision rendered within 90 days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide personal wireless services, or within such other mutually agreed upon time. (“Spec” collocations are not entitled to review and decision within 90 days, or to any of the other protections of the Telecommunications Act.)

(3) Concealed DAS, Small Cell, or Nodes

a. New Freestanding Concealed DAS, Small Cell, and Node Facility Development Standards

The following additional standards and processes apply to all new concealed freestanding DAS, node and small cell tower facilities:

1. Height

The total height of a DAS / small cell facility including antenna shall not exceed 30 feet.

2. Setbacks

Setbacks for DAS / small cell facility shall meet the same setbacks of the underlying zoning district.

3. Ground Equipment

The use of foliage and vegetation around ground equipment may be required by the City based on conditions of the specific area where the ground equipment is to be located. In order to avoid the clustering of multiple items of ground equipment in a single area, a maximum of two ground equipment boxes may be grouped together in any single location. Individual ground equipment boxes shall not exceed the dimensions provided for in Section 9.8, Wireless Communication Facility Definitions.

4. Visibility of New DAS / Small Cell Facility

i. New DAS / small cell facilities shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture and architectural design of the buildings on the same and adjacent zoned lots. Concealment design is required to minimize the visual impact of wireless communication facilities.

ii. All cables, conduits, electronics, and wires shall be enclosed within the structure.

iii. Small cell facilities shall be no larger in size than what is specified in Section 9.8, Wireless Communication Facility Definitions.

5. Timing for Review

A new concealed DAS, node and concealed small cell tower shall be reviewed, and a decision rendered within 150 days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide personal wireless services, or within such other mutually agreed upon time. (“Spec” towers are not entitled to review and decision within 150 days, or to any of the other protections of the Telecommunications Act.) Construction permits issued for new concealed PWSF towers shall be valid for a term of 180 days and shall lapse and be void if construction of the contemplated concealed PWSF tower is not completed within that time.

b. DAS Hub Development Standards

1. Setbacks

Setbacks for DAS hubs shall meet the setback standards of the underlying zoning district.

2. Equipment Shelters or Cabinets

DAS hub equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping or materials and colors consistent with the surrounding backdrop.

i. Screening enclosures shall be allowed when the design is architecturally compatible with the building;

ii. Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure;

iii. The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.

(4) Concealed Macro or Replacement Tower

The following additional standards and processes apply to new or replacement concealed macro wireless communication facilities:

a. Setbacks

Concealed facilities shall meet the greater of either:

1. The minimum setback requirements for the zoning district; or

2. Away from single-family residential use properties by a minimum distance of 100 percent of the tower height; notwithstanding the foregoing requirements, if the antenna-supporting structure has been constructed using “breakpoint” design technology, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the “breakpoint” level of the structure. For example, on a 70-foot-tall monopole with a “breakpoint” at 50 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the “breakpoint”). Certification by an Arizona professional engineer of the “breakpoint” design and the design’s fall radius shall be provided together with the other information required in Section 4.3.E, Application Submittal Requirements.

3. The Planning and Zoning Commission shall have the authority to waive any applicable setback requirements where the City favors a more desirable location within the applicable parcel for the concealed facility.

b. Construction

The new tower shall be designed to accommodate the maximum amount of wireless communication equipment, including that of other wireless communication providers, with all transmission lines contained within the structure. In all cases, the minimum number of collocated facilities on a new tower 60 or more feet shall be three. No new or replacement concealed wireless communication facility shall be guyed or have a lattice type construction.

c. Design Standards

1. No concealed facility, whether fully enclosed within a building or otherwise, shall have antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment that is readily identifiable from the public domain as wireless communication equipment. Examples of concealed facilities include, but are not limited to, flagpoles, light standards, utility poles, church steeples, bell towers, clock towers, and artificial trees.

2. Concealed wireless communication facilities shall be placed and constructed in such a manner as to be compatible with the existing structure or surrounding natural terrain, preferably with both. There shall be as little contrast as possible between the communications equipment and the structure or natural terrain. A determination of appropriate concealment type shall be based on the proposed location and environment.

3. Concealed facilities constructed in the form of a “faux” tree shall mimic a tree native to Sedona with sufficient number of “faux” branches and foliage to conceal all external antenna, panels, trays, cables, support rods, crossbars, port holes, splitters, couplers and attenuators and any other equipment external to the tower mast, which shall be painted or have applied material to simulate tree bark, branches, and leaves indigenous to the area, with variations in color and shape to replicate natural fauna. “Faux” branches shall surround the tower in a multi-dimensional pyramid shape pattern to the top of the tower, with branches and foliage material in variable length, width and depth sufficient to obscure physical view of the tower, antenna elements and brackets.

4. Placement of Equipment for Pole-Mounted Antennas

Any ground-mounted equipment and equipment shelters shall be located outside of the ROW. Such ground-mounted equipment and equipment shelters shall be painted to comply with the color requirements of Section 5.7.F(5), Building Color, and shall be screened from public view with appropriate landscaping. In the alternative, equipment may be mounted on the pole; provided, that access to the pole and to any other services or equipment above it is not impeded. Pole-mounted equipment shall also be designed and placed to be aesthetically compatible with existing and proposed uses and as visually inconspicuous as possible.

5. Security

An opaque fence or masonry wall no greater than eight feet in height from finished grade shall be provided around the perimeter of all development areas for ground-mounted wireless communication facilities. The decision to provide either a fence or a wall shall rest with the Director and/or Commission. If a fence is used to enclose the site, the fence shall be constructed of wire mesh, metal picket or an alternative material as approved by the Director and/or Commission. If a wall is used to enclose the site, the wall shall have a decorative finish of native stone, stucco, split-faced block, brick, or an alternative material as approved by the Director and/or Commission. The Director will give administrative approvals; and for conditional use permits the Director will make recommendations and the Commission will give approvals. Access to the development area shall be through a locked gate.

6. Landscaping

Landscaping and buffering shall be required around the perimeter of development areas, except that the Director or Commission, as applicable, may waive any applicable landscaping requirements as outlined in this Code on one or more sides of the development areas or allow the placement of required landscaping elsewhere on the development area when the required landscape area is located adjacent to undevelopable lands or lands not in public view. Landscaping shall be installed on the outside of the perimeter fence or wall. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting the landscaping requirements, subject to approval by the Director (for administrative approvals) or Commission (for conditional use permits). Landscaping shall be placed in a manner so as to maximize the screening between residential areas and the wireless communication facility and minimize the view of the facility from any residential areas. The Director or Commission may approve an alternate method of compliance for the landscaping on a case-by-case basis.

7. Control Buildings and Ground-Mounted Equipment

i. The control buildings shall be designed to be architecturally compatible with adjacent buildings and shall comply with the provisions of Article 5: Development Standards. The control buildings shall not be placed in minimum setback areas as required in Article 2: Zoning Districts, nor shall they encroach into required landscape areas.

ii. Ground-mounted equipment shall not be visible from beyond the boundaries of the site and shall be screened by a solid wall or fence and dense landscaping materials as described in subsections 4.4.B(4)c.5 and 4.4.B(4)c.6 above.

8. Height

The overall height of any concealed tower including antennas shall not exceed the lesser of: (i) 70 feet or (ii) 20 feet above the tallest tree within a 500-foot radius of the proposed facility. “Height” for all purposes in this subsection shall mean the linear distance from the ground to the highest physical point on the antenna-supporting structure, including all antennas and antenna arrays.

9. Adverse Effects on Properties

i. New concealed towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on adjacent properties. The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined and shall address in narrative and graphic form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed.

ii. An applicant shall demonstrate through the photo-simulation requirements under Section 4.3.E, Application Submittal Requirements, that the project design employs each of these attributes in a manner that minimizes adverse effects to the greatest extent feasible.

iii. The following attributes shall be considered from vantage points at adjacent properties, roadways and occupied structures:

a. Height and location;

b. Mass and scale;

c. Materials and color;

d. Illumination;

e. Existing and proposed vegetation and intervening structures.

10. Timing for Review of New Concealed Tower Applications

A new concealed PWSF tower shall be reviewed and a decision rendered within 150 days of receipt of the application, subject to any applicable tolling for application deficiencies and resubmissions, so long as the applicant demonstrates that the facilities will be used, immediately upon completion of construction, to provide personal wireless services or within such other mutually agreed upon time. (“Spec” towers are not entitled to review and decision within 150 days, or to any of the other protections of the Telecommunications Act.) Construction permits issued for new concealed PWSF towers shall be valid for a term of 180 days and shall lapse and be void if construction of the contemplated concealed PWSF tower is not completed within that time.

(5) AM/FM/TV/DTV Broadcasting Facilities

The following standards apply to new AM/FM/TV/DTV broadcasting facilities:

a. An antenna, antenna array and/or antenna-supporting structure for AM/FM/TV/DTV facilities licensed by the Federal Communications Commission shall only be permitted in zoning districts CO or IN in the City.

b. Any applicant for the construction or installation of any antenna, antenna array and/or antenna-supporting structure for use as an AM, FM, TV or DTV broadcasting facility must demonstrate, prior to submitting an application, a valid FCC construction permit for the proposed location (showing NAD 27 coordinates and appropriate conversion to NAD 83 coordinates) together with an FAA Determination of No Hazard to Air Navigation (Form 7460) for the same coordinates.

c. An antenna, antenna array and/or antenna-supporting structure for use as an AM, FM, TV or DTV broadcasting facility shall, in no event, exceed 250 feet in height.

d. Any antenna-supporting structure, equipment enclosures and ancillary structures shall meet the minimum setback requirements for the land use district where they are located, except that where the minimum setback distance for an antenna-supporting structure from any property line or ROW is less than the height of the proposed antenna-supporting structure, the minimum setback distance shall be increased to equal the height of the proposed antenna-supporting structure. However, in all instances, the minimum setback distance from the setback line of any residentially zoned property, with a constructed residence or potential residence, shall be at least 200 percent of the height of the entire proposed structure.

e. The entire antenna-supporting structure and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications.

f. Any facility shall be illuminated in accordance with FAA requirements to provide aircraft obstruction lighting, where required. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (such as the longest duration between flashes) allowable by the FAA. No strobes or other lighting shall be permitted unless required by the FAA.

g. New towers shall maintain a galvanized gray finish or other accepted contextual or compatible color, except as required by federal rules or regulations.

h. The radio frequency emissions shall comply with FCC standards for such emissions on an individual and cumulative basis with any adjacent facilities. The applicant shall certify that any and all new services shall cause no harmful interference to the existing City of Sedona Public Safety Communications equipment.

i. Applicants shall provide for a fence or wall around the proposed facility that meets the requirements of Section 4.4.B(4)c.5.

j. Landscaping and buffering shall be required around the perimeter of development areas, as required by Section 5.6, Landscaping, Buffering, and Screening, except that the Planning and Zoning Commission may waive the required landscaping otherwise required under Section 5.6 on one or more sides of the development areas or allow the placement of required landscaping elsewhere on the development area when the required landscape area is located adjacent to undevelopable lands or lands not in public view. Alternative landscaping may be approved by the Planning and Zoning Commission. Landscaping shall be installed on the outside of the perimeter fence or wall.

k. The only signage that is permitted upon an antenna-supporting structure, equipment enclosure, or fence (if applicable) shall be informational, and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four inches) the following: “HIGH VOLTAGE – DANGER.”

l. Grading and Drainage

Applicant shall furnish evidence that the proposed facility does not violate requirements in Section 5.3, Grading and Drainage.

m. Adverse Effects on Adjacent Properties

1. New towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on adjacent properties. The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined and shall address in narrative and graphic form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration and location proposed.

2. The following attributes shall be considered from vantage points at adjacent properties, roadways and occupied structures:

i. Height and location;

ii. Mass and scale;

iii. Materials and color;

iv. Illumination;

v. Existing and proposed vegetation and intervening structures; and

vi. Overall aesthetics of the proposed structure.

A. Application Requirements

(1) Site plan application in accordance with the site plan requirements of the codes of the City.

(2) Applicant’s copy of current, valid FCC license for amateur radio tower operation (not applicable for satellite earth station applicants).

(3) Site plan sketch showing all proposed structures (such as support structures, anchorage) and setbacks from such structures to property boundaries.

B. Approval Standards

Approval standards for amateur radio tower in excess of 65 feet:

(1) The facility shall be accessory to a legal, principal use on site (such as a residence).

(2) Structures, including towers, shall meet the setback requirements for primary structures for the zoning district in which the proposed facility shall be located.

(3) Applicant shall commit in writing that the facility will be erected in accordance with manufacturer’s recommendations.

(4) If more than 220 voltage is present in the ground grid or in the tower, a sign shall be attached to the tower and shall display in large bold letters the following: “HIGH VOLTAGE – DANGER.”

(5) Applicant shall certify that the proposed facility meets or exceeds FCC guidelines for radio frequency radiation exposure.

(6) Applicant shall furnish evidence that the proposed facility does not violate requirements in Section 5.3, Grading and Drainage.

C. Collocation Prohibited

Collocation of any antenna, antenna arrays, microwave or similar type equipment not used for the purposes of either a satellite earth station or an amateur radio tower is prohibited.