This article may be known and cited as the "Wireless Telecommunications Facilities Siting Ordinance for the City of St. Augustine."

(Ord. No. 09-08, § 1, 3-9-09)

For purposes of this article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word 'shall' is always mandatory and not merely directory.

Other definitions as provided in chapter 28 of this Code shall supplement and apply to the provisions of this Ordinance. In the event of any conflict, the definitions as provided in this Ordinance shall prevail.

Adverse visual impact means the negative visual effect of a wireless telecommunications facility on its surroundings. Being able to see a wireless telecommunications facility does not necessarily equate to a negative visual effect. Whether the visual effect of a wireless telecommunications facility is adverse is based on the existence of relevant negative factors for that facility, the number of those negative factors and the degree that the facility evidences those negative factors. Relevant negative factors may include: a large amount of the wireless telecommunications facility is visible from normal views; the wireless telecommunications facility is of a design, material, location, or size that readily catches and holds a viewer's eye when viewed from normal views; the wireless telecommunications facility is in the normal view of a person in a moving vehicle for more than a short period of time; the wireless telecommunications facility is to be lighted and in an area with few or no other lights; the wireless telecommunications facility is readily identifiable as a wireless telecommunications facility by the average viewer; the wireless telecommunications facility, when viewed from normal views, appears out of place in the area; there is an absence of existing visual impact from other uses in the area surrounding the wireless telecommunications facility; there is an absence of vegetation, structures or other screening between the wireless telecommunications facility and normal views; the scale (height and bulk) of the wireless telecommunications facility is significantly greater than other uses existing or allowed in the surrounding area; the facility is proposed in an area visually protected by adopted view protection corridors or generally applicable aesthetic regulations that heighten the protection of the overall aesthetics of the area; and a large amount of the available view is occupied by the wireless telecommunications facility, relative to all available views.

Antenna means a whip (omni-directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device used for transmission and/or reception of radio frequency signals. Unless the context indicates otherwise, as used in this article, the term "antenna" also means "antenna array."

Antenna array means one (1) or more whips, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antennas (whips), directional antennas (panels), and parabolic antennas (discs).

Cellular means a mobile telephone service operating in the eight hundred (800) MHZ spectrum.

Close-mount means antenna arrays mounted within three (3) feet of the mounting structure.

Collocation means the use of the same telecommunications tower or structure to carry or support two (2) or more antennae for the provision of wireless services by two (2) or more persons or entities.

Concealed wireless telecommunications facility means a wireless telecommunications facility that is not readily identifiable as such and that is not aesthetically incompatible with nearby uses. There are two (2) types of concealed wireless telecommunications facilities:

(1)

Concealed wireless telecommunications facility tower means a style of wireless telecommunications facility tower designed to obscure from view the antennas and the ancillary appurtenances that directly relate to the antennas. Concealed wireless telecommunications facility towers include, but are not limited to, structures that are or look like the following: a church steeple, a bell tower, spire, clock tower, cupola, light standard, flagpole with or without a flag, tree, etc.

(2)

Concealed wireless telecommunications facility antenna means antenna either located wholly within the structure so as not to be visible, located behind screening, or otherwise locating them in such a manner that the antenna and ancillary appurtenances are not readily identifiable as such.

Fall zone means the area on the ground within a prescribed radius from the base of a wireless telecommunications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material.

Federal Communications Commission (FCC) means an independent federal agency charged with licensing and regulating wireless communications at the national level.

Guyed tower means a type of mount that is anchored to the ground or to another surface by diagonal cables.

Height AGL (above ground level) means the distance measured from ground level to the highest point of a wireless telecommunications facility broadcast including the antenna array. For purposes of measuring height, all antennas, lightning rods or other attachments mounted on a structure shall be included in the measurements to determine overall (i.e. combined) height.

Historic resource or historic property means any historic district, site, building, object or other real or personal property that has been officially designated as being of historical, architectural or archaeological value through a federal, state or local designation program. These properties or resources may include, but are not limited to: Historic preservation districts as designated by this Code, monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned watercraft, engineering works, treasure troves, artifacts or other objects or features with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and culture of the state and the city.

Lattice tower means a type of wireless telecommunications facility which consists of multiple legs and cross-bracing of structural steel.

Monopole means one (1) type of self-supporting tower consisting of a single shaft of wood, steel or concrete and antennas at the top and/or along the shaft.

Nonconforming structure means any building or structure, other than a sign, that was legally established but no longer complies with the standards of these land development regulations or the comprehensive plan.

Personal communication services (PCS) means mobile telephone service operating in the 1900 MHZ spectrum.

Scenic corridor means a visual opening along a traveled route, such as a road, waterway, bike path or pedestrian trail that has been officially designated through a federal, state or local designation program.

Special use permit means the official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the city.

Tower means a structure constructed for the primary purpose of supporting antennas and other wireless telecommunications facility components.

Wireless services means any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services.

Wireless telecommunications facilities or telecommunications site means a structure, facility or location designed, or intended to be used or used to provide wireless services. The placement of a wireless telecommunications facility on an existing structure, however, does not cause the existing structure necessarily to become a wireless telecommunications facility. The term includes without limit, freestanding towers, guyed towers, monopoles and similar structures and structures which employ concealing techniques, including, but not limited to structures such as a church steeple, silo, water tower, sign or other similar structures intended to mitigate the adverse visual impact of an antenna or the functional equivalent of such. The term includes a structure intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services or microwave telecommunications but excludes those structures used exclusively for all city utilities including the city's fire, police and other dispatch telecommunications facilities or those structures used exclusively for all private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications. Notwithstanding the above, the city-owned and operated telecommunications service is exempt from this chapter.

(Ord. No. 09-08, § 1, 3-9-09)

(a)

Pre-existing facilities. A wireless telecommunications facility for which a permit has been issued prior to the effective date of the city's land development code or which lawfully existed because no permit was required at the time the wireless telecommunications facility was constructed shall be deemed a permitted use, subject to the conditions of an applicable permit. When an unlawful wireless telecommunications facility is identified by the City of St. Augustine, the unlawful wireless telecommunications facility must obtain a separate permit, even when (1) sharing a legal mount, (2) already in operation and (3) duly licensed by the Federal Communications Commission. Such unpermitted wireless telecommunications facilities will be considered out of compliance with this article and subject to abatement. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article.

(b)

Damaged or destroyed facilities. Damaged or destroyed wireless telecommunications facility towers may be rebuilt in compliance with the applicable provisions of sections 28-111 et seq., Nonconforming Lots, Uses and Structures, and in compliance with the terms of this article. Towers maliciously damaged or destroyed may be repaired or rebuilt at the same location provided the appearance of the tower is not changed. In the event the city declares the effects of damage or destruction to be a state of emergency, the city may waive the requirements of this paragraph to permit the expeditious re-construction of the damaged or destroyed facility.

(c)

Amateur radio facilities. This article shall not govern the installation of any amateur radio facility that is owned and operated by a federally-licensed amateur radio station operator.

(d)

Unlawful structures, towers or wireless telecommunications facilities. No issuance of any permit under this article shall occur for a request to collocate, attach or share an existing wireless telecommunications facility site or structure when such existing site or structure is found to have one (1) or more wireless telecommunications facilities without permits and/or any structure is found to lack one (1) or more building, electrical or any other permit required by the city planning and building department and the ordinances and laws that office is authorized to implement and enforce.

(e)

Relationship to other regulations. The wireless telecommunications facility regulations shall supersede conflicting requirements contained in the City of St. Augustine Land Development Regulations regarding the siting and permitting of wireless telecommunications facilities.

(Ord. No. 09-08, § 1, 3-9-09)

Wireless telecommunications facilities shall be a permitted use or a special use in all land use designations on the Future Land Use Map of the City of St. Augustine Comprehensive Plan and pursuant to the policies of the City of St. Augustine Comprehensive Plan, provided that such wireless telecommunications facilities comply with the standards of this article and the permits under which wireless telecommunications facilities are regulated by any governmental agency exercising jurisdiction over permitting such facilities.

(Ord. No. 09-08, § 1, 3-9-09)

All wireless telecommunications facility applications shall be processed according to the following tiers:

(a)

Tier one. Tier one applications are subject to local building regulations and any existing permits, including special use permits or agreements for the property or existing structure. There are five (5) categories of tier one applications:

(1)

Placed on new or existing utility poles. Close-mounted or concealed wireless telecommunications facility antennas on new or existing utility poles (telephone poles, utility distribution and transmission poles, light poles, streetlights and traffic signal stanchions) no more than twenty (20) feet taller than the existing structure.

a.

Ground-mounted accessory equipment in the public road rights-of-way shall be placed underground or be no more than four (4) feet in height. If the accessory equipment is not placed underground, the compound shall be no more than one hundred (100) square feet and shall be concealed by a row of shrubs. Land use district setback requirements shall not apply to accessory equipment located in the road rights-of-way. All cables between the pole and the accessory equipment shall be placed underground. A right-of-way permit shall be obtained for a wireless telecommunications facility where equipment will be placed in the public right-of-way.

b.

Ground-mounted accessory equipment to serve wireless telecommunications facility antennas on utility poles within road rights-of-way may be located outside of the road rights-of-way. If such equipment is located underground or does not exceed a total of one hundred (100) square feet, a height of four (4) feet and is screened by a row of shrubs, such equipment may be located within the land use district setbacks. If these requirements cannot be met, the equipment must meet primary structure setbacks and requirements.

(2)

Collocations on existing towers. Antennas co-located with an existing wireless telecommunications facility of a design and configuration consistent with all applicable regulations, restrictions or conditions, if any, applied to the initial antenna array placed on the wireless telecommunications facility tower provided the height of the tower is not increased. Any regulation, restriction or condition which limits the number of collocations or requires a review process inconsistent with this section shall not apply. As part of such collocations, new accessory equipment shall be allowed within the existing compound.

(3)

Concealed in existing structures. Wireless telecommunications facilities which are completely concealed within existing structures.

(4)

Placed on other non-tower structures. Wireless telecommunications facilities mounted on structures which are not towers or utility poles, which do not project more than ten (10) feet above the height of the structure and which are not on historic structures or structures within designated historic districts. If the antenna is a concealed wireless telecommunications facility antenna, the height may extend up to twenty (20) feet above the height of the structure.

(5)

Tower replacement.

a.

Replacement of existing towers, conforming or lawfully nonconforming, with replacement towers that:

i.

Do not increase the height of the existing tower;

ii.

Will be located within fifty (50) feet of the location of the existing tower; and

iii.

Are of a monopole or concealed tower design or, if the tower to be replaced is a concealed tower, the replacement tower will be of a similar concealed design.

b.

Such replacements shall be subject to administrative development approval for building permits as otherwise provided in this Code.

(b)

Tier two. Applications for new wireless telecommunications facilities which meet the following criteria shall be considered for tier two review. If the application is determined to be a tier two, special permit review and approval, including review and approval by the city's planning and zoning board following procedures for variances, exceptions and conservation zone developments as provided in sections 28-29 et seq., of this Code, are required before building permits may be obtained. The issue to be considered by the planning and zoning board is whether the tier two applications meet the standards of subsections 28-404(b) and (d).

(1)

Collocations not meeting tier one criteria. This category is limited to collocations which do not completely meet the tier one criteria. If only a portion of a collocation does not qualify as a tier one, where all other portions of the collocation do qualify, that portion of the collocation only shall be reviewed as a tier two and the rest of the collocation shall be reviewed as a tier one.

(2)

Concealed towers. This category is limited to applications for new concealed towers which:

a.

Are located within nonresidential land uses; and

i.

Are one hundred fifty (150) feet or less in overall height in the industrial, open land or public/semi-public land use categories (IW, OL or GU zoning districts);

ii.

Are one hundred twenty (120) feet or less in overall height in the commercial medium intensity land use category (CM-1 or CM-2 zoning districts);

iii.

Are one hundred (100) feet or less in overall height in the commercial low intensity land use category (CL-1 or CL-2 zoning districts);

b.

Are located at least two (2) times the overall height of the tower from the property lines of any nearby property with a residential low density land use category (RS-1 or RS-2 zoning districts) or with a residence on it;

c.

Are not located in conservation zones 1 or 2 as defined by this land development code and the comprehensive plan;

d.

Are not located within an historic preservation district, on an historic property or on an historic resource as defined by the city's land development code and comprehensive plan; and

e.

Are located at least three (3) times the overall height of the tower from any designated scenic road or corridor.

(3)

Monopole towers. This category is limited to applications for new monopoles which:

a.

Are located within nonresidential land uses; and

i.

Are one hundred twenty (120) feet or less in overall height in the industrial, open land or public/semi-public land use categories (IW, OL or GU zoning districts);

ii.

Are one hundred (100) feet or less in overall height in the Commercial Medium Intensity land use category (CM-1 or CM-2 zoning districts);

iii.

Are eighty (80) feet or less in overall height in the commercial low intensity land use category (CL-1 or CL-2 zoning districts);

b.

Are located at least three (3) times the overall height of the tower from the property lines of any nearby property with a residential low density land use category (RS-1 or RS-2 zoning districts) or with a residence on it;

c.

Are located at least one (1) time the overall height of the tower from the property lines of all dissimilar land use districts;

d.

Are not located in conservation zones 1 or 2 as defined by this land development code and the comprehensive plan;

e.

Are not located within an historic preservation district, on an historic property or on an historic resource as defined by the city's land development code and comprehensive plan;

f.

Are located at least three (3) times the overall height of the tower from any designated scenic road or corridor; and

g.

Use close-mount antennas.

(c)

Tier three. Those applications not consistent with tier one or tier two standards shall be reviewed as special use permits. If the application is determined to be a tier three, special permit review and approval, including review and approval by the city's planning and zoning board following the procedures for variances, exceptions and conservation zone developments as provided in section 28-29 of this Code, are required before building permits may be obtained. Tier three reviews are subject to the following review criteria:

(1)

Location.

a.

The proposed wireless telecommunications facility shall be located in an area where the adverse visual impact on the community is minimized, as demonstrated by the visual impact analysis report described in this article.

b.

The location of a proposed wireless telecommunications facility shall minimize environmental impacts. Ground-mounted wireless telecommunications facilities shall not be located on property within an historic preservation land use category or National Register District and should not be located in conservation zones 1 and 2 as defined by this land development code and the comprehensive plan.

c.

Lighted towers using guy-wires are prohibited in conservation zones 1 and 2 as defined by this land development code and the comprehensive plan.

d.

Proposed wireless telecommunications facilities should not have adverse visual impact on any designated scenic road or corridor.

(2)

Design. All wireless telecommunications facilities shall be designed in such a way to minimize the adverse visual impact on the community. This shall include reducing the height and silhouette in order to create the least adverse visual impact. The minimum height necessary to provide the applicant carrier's designed service to the area shall be utilized, as verified by an independent radio frequency (RF) analysis. In general, a monopole tower or concealed tower is considered to have less visual impact than alternative tower designs.

(d)

Development standards for tier two and tier three. All applications for tier two or tier three review shall comply with the following standards:

(1)

Setbacks and separation. All new towers and accessory structures shall comply with standard zoning district setbacks for a primary structure or other setbacks described in this article, whichever is greater. All non-concealed wireless telecommunications facilities shall be located behind the principal building line. If the wireless telecommunications facility is mounted on a building, it shall not be visible from the front of the building at the pedestrian level.

(2)

Security barrier. All ground-mounted equipment for wireless telecommunications facilities shall be secured with locked gate and chain-link fence or masonry wall of at least six (6) feet in height from finished grade. The security barrier shall be maintained by the operator of the wireless telecommunications facility or tower for the life of the installation.

(3)

Airport impacts. All wireless telecommunications facilities must comply with all applicable standards of the Federal Aviation Administration for impact of such structures on the St. Augustine-St. Johns County Airport.

(4)

Signs. Signs for site identification and contact information are required. In addition, for public safety purposes, each wireless telecommunications facility shall have a weather-proof plaque mounted at eye level at or near the wireless telecommunications facility or structure identifying the carriers and dates of permit approval for all antennas on the structure and the location of the city office where further information can be obtained. Such information for wireless telecommunications facilities mounted on buildings may be maintained by the building superintendent or similar agent provided such information is readily accessible on reasonable demand during normal business hours. Any signs required by the FCC or FAA are also allowed. No other signage shall be permitted on any wireless telecommunications facility.

(5)

Landscape buffers. Existing natural vegetation shall be undisturbed to the greatest extent practicable and may be counted toward the buffer requirement. Landscaping materials shall consist of xeric or drought-resistant native species and shall be maintained by the operator of the wireless telecommunications facility for the life of the installation.

a.

Landscape buffers shall be required around any ground-mounted security barrier. Landscape buffers, located outside and within ten (10) feet of the fence, shall include one (1) non-deciduous tree for every twenty (20) linear feet of fence and a continuous row of shrubs spaced not more than three (3) feet apart. The trees shall be at least ten (10) feet in height and the shrubs shall be at least two (2) feet in height at time of planting.

b.

Ground-mounted accessory equipment for wireless telecommunications facilities mounted on structures not originally intended as wireless telecommunications facility mounts shall be concealed from view within existing structures or shall be limited to twelve (12) feet in height and shall be buffered by a continuous row of shrubs spaced not more than three (3) feet apart.

c.

The planning and building department may waive the landscaping requirement if the applicant can demonstrate that the site will not be visible from adjacent lots or rights-of-way.

d.

For tier three applications, natural vegetative buffers on the perimeter of the property shall be required to be retained to reduce the adverse visual impact of the facility on surrounding residences.

(6)

Access. A twelve-foot wide stabilized access driveway and turn-around area are acceptable unless staff determines, based on public safety concerns, that circumstances require paved access.

(7)

Occupancy. Communication towers and accessory structures shall be unoccupied.

(8)

Modifications. All modifications that, when viewed from ground level from surrounding properties, appear to be of a different size, type or appearance than what currently exists on or associated with the wireless telecommunications facility, as determined by the director of the planning and building department, must comply with the design standards of this article. For the purposes of this subsection, a collocation shall not be considered a modification. All modifications must comply with any conditions or provisions of an existing permit, including special use permits, for the property or structure.

(Ord. No. 09-08, § 1, 3-9-09)

In addition to the information required by this Code for all other development applications to the city, all applicants shall submit the following information, as applicable, as part of an application for a wireless telecommunications facility:

(a)

A licensed carrier must either be an applicant or a co-applicant and authorization to act on behalf of the carrier and the owner of the property on which the facilities will be located must be submitted.

(b)

Co-applicants may include the owner of the subject real property, licensed carriers and tenants for the wireless telecommunications facility.

(c)

Copy of the FCC License (Radio Authorization Form).

(d)

Evidence of compliance with applicable FAA requirements under 14 C.F.R. s. 77, as amended. This may be in the form of a copy of the FAA notice of proposed construction.

(e)

For applications for ground-mounted facilities, proposed site plan, no larger than twenty-four (24) inches by thirty-six (36) inches with an eight and one-half (8½) inches by eleven (11) inches reduced copy. Site plans should include the following:

(1)

The entire subject property with the lease parcel fully dimensioned, including property lines, setbacks, roads (public and private) on or adjacent to the subject property and easements proposed to serve the wireless telecommunications facility.

(2)

Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property.

(3)

Proposed location of antenna, tower, and equipment facilities.

(4)

Proposed security barrier, indicating type and extent as well as point of controlled entry.

(5)

Proposed and existing access easements, utility easements, and parking for the wireless telecommunications facility.

(6)

All proposed changes to the subject property, including grading, vegetation removal, temporary or permanent roads and driveways, stormwater management facilities, and any other construction or development attendant to the wireless telecommunications facility.

(7)

Scaled elevation drawing of proposed wireless telecommunications facility including all towers, antennas, equipment buildings, fencing, and landscaping.

(8)

A map to scale showing the subject property and all properties within a distance of one thousand (1,000) feet of the subject property boundary, the location of and distances to all buildings, including accessory structures, and the future land use designation and zoning district of all properties shown. An aerial enhanced with the required information may be used to satisfy this requirement.

(f)

Information showing all private aircraft landing facilities registered by the Florida Department of Transportation that are within one (1) mile of the proposed wireless telecommunications facility.

(g)

A statement certifying that, as proposed, the wireless telecommunications facility complies with all applicable Federal Aviation Administration requirements for location of structures on or near airport facilities.

(h)

For new towers, a fall zone certificate from a licensed structural engineer or evidence satisfactory to the city that the tower and attached wireless telecommunications facilities will not pose a material danger from collapse or debris fall to habitable structures or outdoor areas where people congregate.

(Ord. No. 09-08, § 1, 3-9-09)

In addition to the requirements above, an applicant for a tier three review shall submit the following information:

(a)

Detailed description of request. Description of request including why the request is consistent with the city's comprehensive plan and the land development regulations.

(b)

Neighborhood workshop. For all tier 3 applications, the applicant must conduct a neighborhood workshop prior to the submission of the application.

(c)

Visual impact analysis report.

(1)

The applicant shall provide a line-of-sight analysis, including elevation views of the proposed tower. The line-of-site analysis shall include a description of significant natural and manmade features that affect the buffering of the potential visual impact of the proposed structure.

(2)

The applicant shall submit photo simulations from a minimum of four (4) views identified on the site plan or aerial map of the surrounding area from locations from where the proposed tower is visible. These views shall incorporate before and after scenarios, a scaled color image of the proposed type of tower, an aerial image with the location of the views noted, and a description of the technical approach used to create the photo simulations.

(3)

Upon receipt of the visual impact analysis report, staff may require the applicant to conduct a visual impact demonstration consisting of a two-hour balloon test, which shall demonstrate the maximum height of the proposed wireless telecommunications facility. During the test, city staff shall be provided access to the parcel for the purpose of observing and photographing the test from several locations surrounding the wireless telecommunications facility site. Staff will evaluate the photo simulations in the visual impact analysis report based on the balloon test. If the photo simulations are not clearly representative of the proposed wireless telecommunications facility, staff shall produce, or have produced by an independent consultant, additional photo simulations at the applicant's expense.

(d)

RF information. To verify that the proposed height of the tower or antennas is necessary to provide the carrier's designed service, the following RF information shall be submitted:

(1)

Areas to be served by the wireless telecommunications facility.

(2)

Relationship to the carrier's other wireless telecommunications facilities existing or currently in review by the city.

(3)

Technical data concerning the proposed facility and each existing, authorized, pending and proposed adjacent cell site:

a.

Primary frequency band;

b.

Site name or other reference;

c.

Latitude and longitude (NAD 83 or WGS 84) of the tower; and

d.

Site elevation (amsl).

(4)

For each proposed and each adjacent cell omni, microwave and sector antenna:

a.

Manufacturer;

b.

Model number;

c.

Frequency band (if not primary frequency band);

d.

Height of antenna radiation center (agl);

e.

Maximum effective radiated output power (specify units);

f.

Azimuth of main lobe (degrees east of north Nxxx E);

g.

If used, mechanical and electrical beam-tilt parameters; and

h.

Other additional information as may be required to technically verify an applicant's assertions.

(e)

Fees. The fee for tier two wireless telecommunications facility special use permit applications shall be one hundred twenty-five dollars ($125.00). The fee for tier three wireless telecommunications facility special use permit applications shall be a base fee of five hundred dollars ($500.00) plus the costs of retaining independent technical consultants and experts to properly evaluate whether the proposed wireless telecommunications facilities comply with the requirements of this article. This technical consultation may include an independent RF evaluation and the preparation of photo simulations of the proposed site.

(Ord. No. 09-08, § 1, 3-9-09)

(a)

Within twenty (20) business days of receipt of an application for a wireless telecommunications facility, city staff shall determine if the application form has been completed and if all required items have been submitted.

(b)

If city staff determines that the application form is not complete and/or if all required items have not been submitted, the city staff shall send the applicant a letter of incompletion stating that the application is incomplete and cannot be considered by the city. The letter of incompletion shall list those items that are incomplete or missing. The applicant may choose to resubmit a completed application or withdraw the application and request a refund of application fees.

(c)

If the applicant resubmits materials to make the application complete, city staff shall review the resubmitted materials and determine if the application is now complete. If the application is still not complete, city staff shall send the applicant another letter of incompletion indicating the remaining deficiencies, within normal review timeframes, but in no case longer than twenty (20) business days after the materials are resubmitted.

(d)

After issuance of the letter of incompletion, if the applicant does not complete the application form and submit all required items within sixty (60) days of mailing of the letter of incompletion, nor withdraws the application by the date specified, the city shall notify the applicant that the application is closed and any fees paid are nonrefundable.

(e)

If city staff does not notify the applicant in writing that the application is not complete within twenty (20) business days after the application is initially submitted or additional information is resubmitted, the application is deemed, for administrative purposes only, to be properly complete.

(f)

When the application form is complete and all required items have been submitted, the city staff shall send the applicant a letter of completion and begin processing the application.

(Ord. No. 09-08, § 1, 3-9-09)

(a)

Tier one. Applications for tier one co-locations shall be reviewed within the normal time frames for similar building permits, but in no case later than forty-five (45) business days after the date the application is determined to be properly completed as provided in this article. All other tier one applications shall be reviewed within the normal time frames for similar building permits but in no case later than ninety (90) business days after the date the application is determined to be properly completed.

(b)

Tier two and tier three.

(1)

The city shall review and grant or deny each properly completed application for tier two or tier three review within the normal timeframes for a development plan approval or a special use permit, as applicable, but in no case shall the review and decision on the application take more than ninety (90) business days from the date the application is determined to be properly complete as provided in this article.

(2)

If the city does not grant or deny a properly completed application for a wireless telecommunications facility within the timeframes set forth in this subsection and subsection (a), the application shall be deemed automatically approved and the applicant may proceed with the next level of review or, if no additional levels of review are required, with the placement of the wireless telecommunications facility without interference or penalty.

(3)

For tier three applications only, the ninety (90) business day timeframe may be extended if the hearing on the special use permit, following the review process and timeframe applicable to all special use permits for all uses, cannot reasonably occur within the ninety (90) business days. Under such circumstances, the city must either grant or deny the application at the next regularly scheduled meeting after the ninety (90) business days have expired or the application shall be deemed automatically approved.

(4)

If during the review period the application is significantly amended, unless the review timeframe is waived by both the applicant and the city, it shall be considered a new application and a new ninety-day review period will be established.

(5)

These time frames may be waived if a waiver is voluntarily agreed to by the applicant and the city. A one-time waiver may be required by the city in the case of a declared local, state, or federal emergency, which directly affects the permitting activities of the city, for the length of that emergency.

(c)

Review pursuant to Section 106 of the National Historic Preservation Act of 1966. In the event the city receives notice for comment regarding an undertaking on historic properties included in or eligible for inclusion in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended (NHPA), the city's historic architectural review board shall provide such comment and shall do so within the time periods as provided by this section and the NHPA.

(Ord. No. 09-08, § 1, 3-9-09)

The city shall work with carriers to facilitate the siting of wireless telecommunications facilities on city-owned or other publicly-owned property, by identifying existing structures, the appropriate contact persons and the appropriate leasing procedures.

(Ord. No. 09-08, § 1, 3-9-09)

(a)

Inspection. The owner or operator of a tower shall provide for and conduct an inspection of the tower at least once every five (5) years. A statement shall be provided to the city planning and building department verifying structural integrity and tenants on the tower.

(b)

Abandonment and removal. Any wireless telecommunications facility that is not operated for a continuous period of eighteen (18) months shall be considered abandoned, and the owner of such wireless telecommunications facility shall remove same within ninety (90) days of notice to the city planning and building department that the wireless telecommunications facility is abandoned. If such wireless telecommunications facility is not removed within said ninety (90) days, the city may have the wireless telecommunications facility removed at the wireless telecommunications facility owner's expense.

(Ord. No. 09-08, § 1, 3-9-09)

A wireless telecommunications facility shall not be artificially lighted, except for:

(a)

Security and safety lighting of equipment buildings if such lighting is appropriately down-shielded to keep light within the boundaries of the site; and

(b)

Such lighting of the wireless telecommunications facility as may be required by the Federal Communications Commission, Federal Aviation Administration (FAA) or other applicable authority installed in a manner to minimize impacts on adjacent residences. "Dual lighting" (red at night/strobe during day) shall be utilized unless otherwise recommended by FAA guidelines.

(c)

Lighting of an American flag for concealed wireless telecommunications facility towers displaying an American flag in accordance with proper flag display etiquette.

(Ord. No. 09-08, § 1, 3-9-09)