In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary to:

(A)

Establish a local policy concerning communications service providers;

(B)

Promote competition in the provision of communications services;

(C)

Facilitate the provision of wireless communications services to the residents and businesses of the City;

(D)

Minimize adverse visual effects of towers, antennas and both wireless and wired communication facilities through careful design and siting standards, including but not limited to camouflage design techniques, appropriate screening, and undergrounding of associated equipment whenever possible;

(E)

Encourage collocation and maximize the use of existing and approved towers, buildings, and other structures to accommodate new wireless communications facilities in order to reduce the number of support structures needed to serve the community;

(F)

Encourage the deployment of smaller, less intrusive wireless communications facilities to replace or supplement existing larger wireless communications facilities;

(G)

Effectively manage telecommunications or broadband provider facilities in the dedicated rights-of-way and dedicated utility easements of the City; and

(H)

Secure fair and reasonable compensation to the City and its taxpayers for the use of any appropriate property, owned or acquired by the City in its proprietary capacity, as a site for communications facilities.

(Ord. No. 3891, § 6, 6-26-2017)

The following words, terms, and phrases, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:

Alternative tower structure or ATS shall mean flagpoles, clock towers, bell steeples, light poles, farm silos, water towers, and similar alternative design mounting structures that are compatible with its setting and surrounding structures, natural or otherwise, and which camouflages or conceals the presence of antennas or towers. This term also includes any antenna or antenna array attached to the alternative tower structure. A freestanding pole in the public right-of-way that accommodates small cell facilities is considered an alternative tower structure to the extent that it meets the camouflage and concealment standards of this Chapter.

Antenna(s) shall mean any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices.

Base station shall mean a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network, except that a base station does not include or encompass a tower as defined herein or any equipment associated with a tower. Base station does include, without limitation:

(1)

Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the City under this Chapter, has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(2)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems "DAS" and small-cell networks) that, at the time the relevant application is filed with the City under this Chapter, has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The definition of base station does not include any structure that, at the time the relevant application is filed with the City under this Chapter, does not support or house equipment described in Sub-paragraphs (1) and (2) above.

Broadband facility shall mean any infrastructure used to deliver broadband service or for the provision of broadband service.

Broadband provider shall mean a person that provides broadband service.

Broadband service shall mean any technology identified by the U.S. Secretary of Agriculture as having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics, and video.

Camouflage, concealment, or camouflage design techniques shall mean when any measures are used in the design and siting of towers, base stations or wireless communication facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, or (iii) uses a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree) or (iv) is incorporated into or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the tower, base station or wireless communications facility is not readily apparent. For base stations and other associated equipment, below grade vault placement will constitute camouflage or concealment.

Collocation shall mean the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes so that installation of a new support structure will not be required.

Eligible facilities request shall mean a request for modification of an existing tower or existing base station that does not substantially change the physical dimensions of such tower or base station, involving (i) collocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment.

Eligible support structure shall mean any tower or base station as defined in this Section, provided that it is existing at the time the relevant application is filed with the City under this Chapter.

Existing shall mean a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time of an eligible facilities request, provided that a tower that exists as a legal, nonconforming use and was lawfully constructed is existing for purposes of this definition.

FCC shall mean the Federal Communications Commission.

Landowner shall mean a natural person or persons, partnership, company, corporation or other legal entity recorded, in the records of the Adams or Jefferson County Clerk and Recorder, as the owner of the real property upon which the communications facility is located or proposed to be located. For the purposes of a communications facility located on a building or other existing structure that is owned by a different legal entity than the owner of the real property, both the real property owner and the owner of the building or structure will be considered to be landowners.

Micro wireless facility shall mean a small wireless facility that is no larger in dimensions than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, that is no more than 11 inches in length.

Public right(s)-of-way shall mean dedicated roads, streets, alleys and dedicated generic utility easements. The term does not include any portion of a road, street, alley or utility easement that was not dedicated to the City but was acquired by means of purchase, eminent domain, exchange of property, or payment of other compensation, nor does it include specific-purpose utility easements, unless the specific purpose of the utility easement dedication included transportation facilities or public access.

Screen wall shall mean an opaque structure, typically located on top of, but integrated with the design of, a building that conceals mechanical, communications or other equipment from view from the surrounding rights-of-ways and properties.

Site shall mean for towers other than towers in the public right-of-way and eligible support structures, the current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. For other alternative towers structures, base stations, and small cell facilities in the right-of-way, a site is further restricted to that area comprising the base of the structure and to other related transmission equipment already deployed on the ground.

Small cell facility shall mean any of the following:

(1)

A wireless service facility that meets both of the following qualifications:

(a)

Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

(b)

Primary equipment enclosures are no larger than 17 cubic feet in volume as measured on the exterior surface of the enclosure. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch; or

(2)

A micro wireless facility.

Small cell network shall mean a collection of interrelated small cell facilities designed to deliver wireless service.

Substantially change shall mean any of the following, and refers to a single change or a series of changes over time (whether made by the same or different entities) viewed against the initial approval for the tower or base station that individually or cumulatively produces:

(1)

For towers other than alternative tower structures in the right-of-way, increases in the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, increases in the height of the structure by more than ten percent or more than ten feet, whichever is greater;

(2)

For towers other than towers in the right-of-way, the addition of an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures, the addition of an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(3)

For any eligible support structure, the installation of more than, but not to exceed four, the standard number of new equipment cabinets for the technology involved (but not to exceed four); or for towers in the right-of-way and base stations, the installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure.

(4)

For any eligible support structure, any excavation or deployment outside the current site;

(5)

For any eligible support structure, an undermining of the concealment elements of the eligible support structure; or

(6)

For any eligible support structure, non-compliance with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in Paragraphs (1)—(4) of above.

For the purpose of determining whether a substantial change exists, changes in height are measured from the original support structure in those case where deployments are or will be separated horizontally, such as on building rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.

Telecommunications provider shall mean a person that provides telecommunications service or services, with the exception of cable services and aggregators of telecommunications services as those terms are defined by federal law. Telecommunications provider does not mean a person or business using antennas, support towers, equipment, and/or buildings used to transmit high power over-the-air broadcast of AM. and FM radio, VHF and UHF television, and advanced television services, including high definition television.

Telecommunications service(s) shall mean the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Tower shall mean any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including private, broadcast, and public safety services, unlicensed wireless services, fixed wireless services such as microwave backhaul, and the associated site. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and other similar structures.

Transmission equipment shall mean equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wireless communications facility or wireless service facility (WCF) shall mean a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C), or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies, or wireless utility monitoring and control services. A WCF may include an antenna or antennas (but does not include coaxial or fiber optic cable that is not immediately adjacent to, or directly associated with, a particular antenna), base stations, alternative tower structures, and towers. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this Chapter.

(Ord. No. 3891, § 6, 6-26-2017; Ord. No. 3981, § 1, 4-8-2019)

(A)

The provisions of this chapter shall apply, except as noted herein, and it shall be unlawful for a tower, antenna, or other communications facility to be placed within the City except in compliance with these provisions.

(B)

The following facilities are not subject to the requirements of this chapter:

(1)

Antennas or Towers Used by FCC-Licensed Amateur Radio Operators. Such facilities shall be permitted in any non-PUD or non-SPD zoning district up to the maximum height specified for principal structures for that district. In existing PUD and SPD districts, the operator must apply for an official development plan (ODP) amendment to establish permissible structure heights if the ODP fails to specify height limitations for antennas or towers for that district.

(2)

Television or Radio Antennas. Those antennas, including over the air reception devices, located on single family dwellings or duplexes, less than five feet above the highest point of the existing principal structure, or for ground mounted antennas, the requirement that the height be no more than the distance from its base to the property line or the maximum height specified for accessory structures for that district, whichever is less. The City Manager or his or her designee has the authority to approve modifications to the height restriction related to over the air reception device antennas and antenna structures, if in the reasonable discretion of the City, modifications are necessary to comply with federal law.

(3)

City-Owned Facilities. City-owned communications facilities located on City-owned property and/or public rights-of-way.

(Ord. No. 3891, § 6, 6-26-2017)

(A)

Federal Requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changes, then the owners of the WCF shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense.

(B)

Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the City, the City may request that the owner or operator of the WCF provide information demonstrating compliance. If such information is not sufficient, in the reasonable discretion of the City, to demonstrate compliance, the City may request and the owner or operator of the WCF shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the City finds that the facility does not meet federal standards, the City may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF pursuant to paragraph (F) below. Any reasonable costs incurred by the City, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the Applicant.

(C)

Signal Interference. All WCFs shall be designed and sited so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the City to monitor interference levels with public safety communications during this process. Additionally, the applicant shall notify the City at least ten calendar days prior to the introduction of new service or changes in existing service, and shall allow the City to monitor interference levels with public safety communications during the testing process.

(D)

Legal Access. In all applications for WCFs an applicant must warrant and represent that it has the written agreement of the owner of the property which is the subject of the application for legal access to and from the WCF and the applicant must also warrant and represent that it will have legal access to the utilities to operate and maintain the WCF.

(E)

Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the City concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have 30 days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the City's Chief Building Official may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the City may remove such WCF at the owner's expense.

(F)

Abandonment and Removal. If a WCF has not been in use for a period of three months, the owner of the WCF shall notify the City of the non-use and shall indicate whether re-use is expected within the ensuing three months. Any WCF that is not operated for a continuous period of six months shall be considered abandoned. The City, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within 30 days of receipt of written notice form the City. Upon removal, the land shall be restored and re-landscaped, at the operator's expense, to the level of finish of the adjacent landscaped area. If such WCF is not removed within said 30 days, the City may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired. With respect to any WCF in the Right-of-Way, such WCF shall be removed within 120 days after notification by the City that the Right-of-Way is needed by the City for the expansion, construction, or reconstruction of a street or highway or other use by the City for any City project. Such removal shall be at the sole expense of the WCF owner and if the WCF owner fails to remove the WCF within the said 120 days, the City may remove the WCF and charge the costs to the WCF owner.

(Ord. No. 3891, § 6, 6-26-2017)

(A)

The requirements set forth in this Section shall apply to the location and design of all WCFs governed by this Section as specified below; provided, however, that the City may waive these requirements it if determines that the goals of this Section are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the City, consistent with other provisions of this Code.

(1)

Camouflage/Concealment. All WCFs and any transmission equipment shall, to the extent possible, use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF to the surrounding natural setting and built environment. Design, materials and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels.

(a)

Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., placed underground, depressed, or located behind earth berms) to minimize their profile.

(b)

The camouflage design may include the use of alternative tower structures should the determined that such design meets the intent of this Code and the community is better served thereby.

(c)

All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only).

(2)

Hazardous Materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.

(3)

Siting.

(a)

No portion of any WCF may extend beyond the property line.

(b)

Collocation. WCFs may be required to be designed and constructed to permit the facility to accommodate WCFs from at least two wireless service providers on the same WCF unless the City approves an alternative design. No WCF owner or operator shall unfairly exclude a competitor from using the same facility or location.

(c)

WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below Code standards.

(4)

Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the City may require available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.

(5)

Landscape Requirements.

(a)

WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel, below Code standards.

(b)

WCFs shall be landscaped with a buffer of plant materials that effectively screen the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site.

(c)

In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived altogether by the City Manager or assigned designee.

(d)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as WCFs sited on large, wooded lots, natural growth around the site perimeter may be sufficient to buffer.

(e)

No trees larger than four inches in diameter measured at four and one-half feet high on the tree may be removed, unless authorized by the City Manager. To obtain such authorization the applicant shall show that tree removal is necessary, the applicant's plan minimizes the number of trees to be removed and any trees removed are replaced at a ratio of two to one.

(6)

Noise. Noise generated on the site must not exceed the levels permitted in the City Code, except that a WCF owner or operator shall be permitted to exceed City Code noise standards for a reasonable period of time during repairs, not to exceed two hours without prior authorization from the City.

(7)

Urban Renewal Areas. If the built environment is anticipated to change significantly during the usable life of a WCF, such as within an urban renewal district, the WCF shall be compatible with the anticipated future built environment.

(8)

Additional design requirements shall be applicable to the various types of WCFs as specified below:

(a)

Base Stations. If an antenna is installed on a structure other than a tower, such as a base station (including, but not limited to the antennas and accessory equipment) it shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible, e.g., positioned behind an RF transparent screen wall designed to look like an integrated part of the structure with all exposed surfaces painted or colored and finished to match the design, finish, and color of the surrounding building elements.

(b)

Alternative Tower Structures and Small Cell Facilities. An ATS or Small Cell Facility shall be designed and constructed to look like a building, facility, or structure typically found in the area.

(c)

Alternative Tower Structures Located in the Right-of-Way. In addition to the other criteria contained in this Section, an ATS located in the right-of-way shall be consistent with the following:

(i)

With respect to its pole-mounted components, be located on or within an existing utility pole serving another utility;

(ii)

Be camouflaged/concealed consistent with other existing natural or manmade features in the right-of-way near the location where the ATS will be located;

(iii)

With respect to its pole components, be located on or within a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives, and the applicant is authorized to construct the new utility pole;

(iv)

To the extent reasonably feasible, be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the ATS;

(v)

Be sized to minimize the negative aesthetic impacts to the right-of-way;

(vi)

Be designed such that antenna installations on traffic signal standards are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered;

(vii)

Require that any ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the City Manager, and may, where appropriate, require a flush-to-grade underground equipment vault;

(viii)

Not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. The ATS must comply with the Americans With Disabilities Act and every other local, state, and federal law and regulation. No ATS may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the City, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

(d)

Towers.

(i)

Towers shall either maintain a galvanized steel finish, or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the City;

(ii)

Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;

(iii)

Monopole support structures shall taper from the base to the tip;

(iv)

All towers shall be enclosed by security fencing or wall at least six feet in height and shall also be equipped with an appropriate anti-climbing device; and

(v)

Notwithstanding anything in this Chapter to the contrary, no towers located in the public right-of-way shall exceed the height limit for the maximum structure (non-building) height for the zoning district in which it is located.

(e)

Related Accessory Equipment. Accessory equipment for all WCFs shall meet the following requirements:

(i)

All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible. If accessory equipment is to be ground-mounted, it shall be enclosed in an enclosure that is clad with the same primary cladding material of the nearest building located on the same property, or with materials and colors complimentary with the immediate surroundings of the enclosure in the absence of a nearby building. The enclosure shall screen all equipment to its full height. If back-up generators or other equipment that will potentially generate noise are located in the enclosure, the enclosure shall be constructed of a masonry material such as concrete, cinder block, or CMU and then clad as previously described. The enclosure should have a secure metal door painted in a color compatible to the nearby building or surrounding area. The enclosure shall be protected by curbs, bollards, or similar devices, if placed in close proximity to where vehicular traffic is expected. Equipment (existing or new) may also be placed in underground vaults, negating the need for above-ground enclosures. Alternate screening or enclosure designs may be considered for approval, on a case-by-case basis, by the Planning Manager;

(ii)

The total footprint coverage area of the WCF's related accessory equipment shall not exceed 350 square feet;

(iii)

No related accessory equipment shall exceed 12 feet in height;

(iv)

Accessory equipment, such as, by way of example and not limitation, remote radio units, shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed.

(Ord. No. 3891, § 6, 6-26-2017; Ord. No. 3981, § 2, 4-8-2019)

(A)

No new WCF shall be constructed and no collocation or modification to any WCF, including WCFs approved as part of an existing ODP, may occur except after a written request from an applicant, reviewed and approved by the City in accordance with this Chapter. All WCFs, except eligible facilities requests that are reviewed under Paragraphs (5) and (8) of this Subsection, shall be reviewed pursuant to the following procedures:

(1)

Submittal Requirements. In addition to an application form, Signal Interference Letter, Proof of Owner Authorization, Proof of Agent Authorization (from the carrier), and submittal fees, each applicant shall submit a scaled site plan, photo simulation, scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed by the City Manager to be necessary to assess compliance with this Section.

(2)

Inventory of Existing Sites. Each applicant for a WCF shall provide to the City Manager a narrative and map description of the applicant's existing or then currently proposed WCFs within the City, and outside of the City within one mile of its boundaries. In addition, the applicant shall inform the City generally of the areas of the City in which it believes WCFs may need to be located within the next three years. The inventory list should identify the site name, site address or general vicinity if no address is known, and a general description of the facility (e.g., rooftop antennas and ground mounted equipment). This provision is not intended to be a requirement that the applicant submit its business plan, proprietary information, or make commitments regarding locations of WCFs within the City. Rather, it is an attempt to provide a mechanism for the City and all applicants for WCFs to share general information, assist in the City's comprehensive planning process, and promote collocation by identifying areas in which WCFs might be appropriately constructed for multiple users.

The Community Services Department may share such information with other applicants applying for administrative approvals or permits under this Chapter or other organizations seeking to locate WCFs within the jurisdiction of the City, provided however, that the Community Services Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(3)

Applications for base stations, alternative tower structures and alternative tower structures within right-of-way, shall be reviewed by the City Manager or his or her designee to determine that the requirements of this Chapter have been met. If the review determines that one or more of the conditions required by this Chapter have not been met, the City will notify the applicant in writing describing the reasons therefor or the conditions that have not been satisfied.

(4)

All applications for towers shall demonstrate that other alternative design options such as base stations or alternative tower structures are not viable options as determined by the City. Notwithstanding anything in this Chapter to the contrary, no towers located in the public right-of-way shall exceed the height limit for the maximum structure (non-building) height for the zoning district in which it is located.

(5)

Alternative Review Procedures for Eligible Facilities Requests.

(a)

Application. The City shall prepare, and from time to time revise and make publicly available, an application form which shall be limited to the information necessary for the City to consider whether an application for collocation is an eligible facilities request. Such application will not require the applicant to demonstrate a need or business case for the proposed modification or collocation. Such information may include, without limitation, whether the project:

(i)

Would result in a substantial change;

(ii)

Violates a generally applicable building, structural, electrical, or safety codes, or other rule codifying objective standards related to public health and safety, or results in non-compliance with any relevant federal requirements.

(b)

Type of Review. Upon receipt of an application for an eligible facilities request pursuant to this Section, the City Manager shall review such application to determine whether the application so qualifies.

(c)

Timeframe for Review. Subject to the tolling provisions of Subparagraph (d) below, within 60 days of the date on which an applicant submits an application seeking approval under this Section, the City shall approve the application unless it determines that the application is not covered by this Section.

(d)

Tolling of the Timeframe for Review. Given the City's electronic application system, the 60-day review period begins to run when the application is filed or the first day thereafter that the City is open for business, whichever is later, and may be tolled only by mutual agreement of the City and the applicant, or in cases where the City Manager or designee determines that the application is incomplete:

(i)

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application;

(ii)

The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness; and

(iii)

Following a supplemental submission, the City will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subparagraph (d)(i). In the case of a second or subsequent notice of incompleteness, the City may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(e)

Failure to Act. In the event the City fails to approve or deny a request seeking approval for an eligible facilities request under this Section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant becomes effective when the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

(f)

Remedies. Applicants and reviewing authorities may bring claims related to Section 6409(a) to any court of competent jurisdiction.

(g)

Interaction with Telecommunications Act Section 332(c)(7). If the City determines that the applicant's request is not an eligible facilities request as delineated in this Chapter, the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC's shot clock order, will begin to run from the issuance of the City's decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

(6)

Abandonment and Removal. Prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of six months.

(7)

Decision. Any decision to approve, approve with conditions, or deny an application for a WCF, shall be in writing and supported by substantial evidence in a written record. The Applicant shall receive a copy of the decision.

(8)

Compliance with Applicable Law. Notwithstanding the approval of an application for new WCFs or collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, electrical, and safety codes and any other applicable laws or regulations. In addition, all WCF applications shall comply with the following:

(a)

Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

(b)

Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property;

(c)

Be maintained in good working condition and to the standards established at the time of application approval; and

(d)

Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten calendar days from the time of notification by the City or after discovery by the owner or operator of the site.

(9)

Compliance Report. Upon request by the City, the applicant shall provide a compliance report within 45 days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, applicable Code requirements and standard regulations.

(10)

Permit Expiration. Any active permit application that is not acted upon by the applicant within 180 days of receiving review comments from the City or any approved permit that has not been acted upon within 180 days of approval shall be deemed abandoned, and shall become null and void, with no fees refunded. In the event that an application or approved permit becomes null and void under this Section, a new permit must be separately applied for, reviewed, and approved before any work may commence on the project site.

(Ord. No. 3891, § 6, 6-26-2017; Ord. No. 3981, § 3, 4-8-2019; Ord. No. 4255, § 7, 7-22-2024)

(A)

It is the intent of the City to provide for approval of WCFs administratively in cases where visual impacts are minimized, view corridors are protected, WCFs utilize appropriate camouflage/concealment design techniques to avoid adverse impacts on the surrounding area, and WCFs are designed, maintained, and operated at all times to comply with the provisions of this Section and all applicable law. Notwithstanding the approval of an application for collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in City Code and any other applicable regulations.

(B)

Wireless communication facilities, which are not eligible facilities requests, shall be evaluated for approval subject to compliance with the design standards of Section 11-16-5 and the following criteria:

(1)

Base Stations:

(a)

Such facilities shall be architecturally compatible with respect to attachments, and colored to match the building or structure to which they are attached;

(b)

The maximum protrusion of such facilities from the building or structure face to which they are attached shall be four feet;

(c)

Wall mounted WCFs shall not extend above the roofline; and

(d)

Wall mounted WCFs shall be approved only where an applicant demonstrates a roof mounted WCF is inadequate to provide service and evaluated for approval based upon the following criteria. By filing an application for a roof mounted WCF, an applicant is certifying agreement to the City's determination that the height extensions described in sub Subparagraph (i) and (ii) below are the maximum height that will allow the WCF to be camouflaged, and that any additional increase in height will undermine the camouflaged nature of the site:

(i)

Roof mounted whip antennas shall extend no more than 12 feet above the parapet of any flat roof or ridge of a sloped roof or penthouse to which they are attached;

(ii)

Roof mounted panel antennas shall extend no more than seven feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted; and

(iii)

Other roof mounted accessory transmission equipment shall extend no more than seven feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof.

(iv)

All WCFs installed on a rooftop shall be concealed by a screen wall. Such screen wall shall be designed to appear integrated into the building architecture.

(2)

Alternative Tower Structures.

(a)

Such structures shall be architecturally compatible with the surrounding area;

(b)

Height and size of the proposed alternative tower structure should be minimized as much as possible;

(c)

WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries;

(d)

WCFs should take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;

(e)

Compatibility with the surrounding topography;

(f)

Compatibility with the surrounding tree coverage and foliage;

(g)

Compatibility of the design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

(h)

Impact on the surrounding area of the proposed ingress and egress, if any.

(3)

Wireless Communication Facilities within Public Rights-of-Way. An ATS or small cell facility may be deployed in the public rights-of-way including utilization of a street light pole or similar structure within a public right-of-way. Such facilities shall remain subject to the alternative tower structures standards of approval noted above and subject to the City of Westminster's Small Cell Infrastructure Guidelines document and the following criteria below:

(a)

The pole or structure is not more than ten feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within 500 feet of the pole or structure.

(b)

Notwithstanding anything in this Chapter to the contrary, no towers located in the public right-of-way shall exceed the height limit for the maximum structure (non-building) height for the zoning district in which it is located.

(c)

When placed in a residential zone, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, so that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties or on the corner formed by two intersecting streets.

(d)

Collocations are strongly encouraged and the number of poles within the right-of-way should be limited as much as possible.

(e)

Equipment enclosures shall follow all City of Westminster Small Cell Guideline requirements.

(f)

If the pole or structure is not owned by the City, the applicant must provide the appropriately authorized written permission from the owner of the pole or structure at the time that the initial application is submitted.

(4)

All Other Towers. The City shall consider the following factors in determining whether to issue an approval, although the City may waive or reduce the burden on the applicant if one or more of these criteria if the City concludes that the goals of this Section are better served thereby.

(a)

Height or size of the proposed tower;

(b)

Proximity of the tower to residential structures and residential district boundaries;

(c)

Nature of uses on adjacent and nearby properties;

(d)

Compatibility with the surrounding topography:

(e)

Compatibility with the surrounding tree coverage and foliage;

(f)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(g)

Proposed ingress and egress;

(h)

No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing WCFs can accommodate the needs that the applicant proposes to address with its tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following:

(i)

No existing WCFs with a suitable height are located within the geographic area required to meet the applicant's engineering requirements;

(ii)

Existing WCFs do not have sufficient structural strength to support applicant's proposed WCF;

(iii)

The applicant's proposed WCFs would cause electromagnetic interference with the WCFs on the existing WCFs or the existing WCF would cause interference with the applicant's proposed WCF; and

(iv)

The applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for collocation.

(j)

Setbacks and Separation. A tower shall meet the greater of the following minimum setbacks from all property lines:

(i)

The setback for a principal building within the applicable zoning;

(ii)

Twenty-five percent of the facility height, including WCFs and related accessory equipment;

(iii)

The tower height, including antennas, if the tower is in or adjacent to a residential zoning district.

(Ord. No. 3891, § 6, 6-26-2017; Ord. No. 3981, § 4, 4-8-2019)

A request to locate a telecommunications facility, a tower, a base station, or a small cell wireless facility on property owned by the City that is not public right-of-way, shall be reviewed by the City Manager pursuant to the procedures adopted by City Council Resolution 2009-8, as amended from time to time, for the review of uses on public lands.

(Ord. No. 3891, § 6, 6-26-2017)