Westport City Zoning Code

Establish appropriate locations, site development standards, and permit requirements to allow for various types of wireless communication services which are consistent with the character of the city.

Minimize the adverse visual impact of these facilities.

Allow wireless communication facilities which supply adequate service to citizens, the traveling public and others within the city.

Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC).

Antennas and related equipment that are being stored, shipped or displayed for sale.

Radar systems for military and civilian communication and navigation.

Wireless radio utilized for temporary emergency communications in the event of a disaster.

Licensed amateur (ham) radio stations.

Routine maintenance or repair of a WCF and related equipment.

A "cell on wheels" (COW) or other temporary WCF for a maximum of 90 days during an emergency declared by the federal, state or local government.

AM/FM radio and television broadcast facilities or towers.

Wireless communication facilities proposed for co-location or location on existing commercial buildings, public structures or public property shall require approval through the binding site plan review process of Chapter 17.36B WMC.

Wireless communication facilities proposed as freestanding support structures shall require approval through the conditional use permit process of Chapter 17.44 WMC.

Third Party Review of Submittal Requirements. Because of the complexity of technical data and analysis required for adequate review of proposals, a third party may be contacted for review and analysis of such applications, particularly where disputes arise regarding the capability of meeting city goals, standards or policies in siting these facilities. The third party analysis will be at the discretion of the city administrator or designee and will be at the expense of the applicant. The cost of such analysis will be agreed to and paid prior to the processing of or any action on the permit application.

For applications proposed under Chapter 17.44 WMC, in addition to the information requested in the conditional use application, the following items shall be required for a WCF application:

Applications submitted under Chapter 17.36B WMC. In addition to information listed on the binding site plan review application, the following information may be required:

Zoning and land use compatibility shall be a primary consideration in the location of WCFs. Industrial, commercial, and public properties and existing commercial and industrial buildings shall be encouraged for such use. Residential areas shall normally not be considered except on city property preferably in conjunction with city improvements such as water towers or public buildings. For the purpose of this chapter, any undeveloped parcels in the mixed-use tourist commercial zone shall be construed as being a commercial use.

WCFs may be mounted on all currently existing nonresidential buildings except as follows:

Building mounted WCFs must meet the following conditions and criteria:

WCFs requiring construction of a support structure may be located on the site of existing nonresidential uses except in areas where support structures cannot be adequately set back from the nearest residential use property line or the nearest vacant property zoned for residential use.

WCFs requiring construction of a support structure must be located on a portion of a site that, to the greatest extent feasible, is effectively isolated from view of residential areas or public rights-of-way by structures or terrain features.

WCFs are not allowed on properties zoned only for residential use except on public facilities.

WCFs are prohibited within critical areas with the exception of aquifer recharge areas.

WCFs utilizing a freestanding support structure and omni-directional antennas shall be limited to the minimum height reasonably required to accommodate the technology. Support documentation shall be submitted justifying the requested height, which may include a technical analysis from an independent party of the city's choice.

Height of WCFs shall conform to Chapter 17.34 WMC, Airport Obstruction Zones.

Freestanding WCFs shall conform to the following site development standards:

The city shall consider the cumulative visual effects of WCFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits can be granted so as to not adversely affect the character of the city.

A permittee shall cooperate with other WCF providers in co-locating additional antennas on support structures and/or on existing buildings provided said proposed co-locators have received an appropriate permit for such use at said site from the city. A permittee shall exercise good faith in co-locating with other providers sharing of the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of co-location. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and permittee.

All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal.

Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit.

The city shall deny an application to construct new facilities if the applicant has not made a diligent effort to mount the facilities on an existing freestanding or remote freestanding WCF or other communication tower. At minimum, this requires an assessment of any existing towers that have the location, as well as the existing or potential height, structural capability and equipment structure area, a written request to those tower owners to co-locate on their facilities and a good faith effort to work with those tower owners to co-locate.

The permittee shall comply with federal standards for radio frequency emissions. Within six months after the issuance of its operational permit, the permittee shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compares the results with established federal standards. Said report shall be subject to review and approval of the city for consistency with federal standards. If on review, the city finds that the WCF does not meet federal standards, the city may revoke or modify the conditional use permit.

The permittee shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review the city finds that the WCF interferes with such reception, and if such interference is not eliminated within 60 days, the city may revoke or modify the conditional use permit.

A permit for a freestanding support structure WCF shall expire 10 years after the effective date of the permit approval. A permittee wishing to continue the use of a specific WCF at the end of the 10-year period must apply for a new permit to continue the use at least six months prior to its expiration. In ruling on said renewal, the city shall apply all then existing regulations affecting the application and shall consider new technology that may reduce aesthetic and land use impacts.

A permit shall become null, void and nonrenewable if the permitted facility is not constructed and placed into use within 18 months of the date of the city approval; provided, that the permit may be extended one time for six months if construction has commenced before expiration of the original time period.

The permit shall expire and the applicant must remove the facility if the facility is not put into use within 90 days after construction or if use is discontinued for a period in excess of 90 consecutive days. If the facility is not removed, the city may cause the facility to be removed and all expenses of removal shall be paid by the owner of the land where the facility is located.

The applicant shall maintain the WCF to standards that may be imposed by the city at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the city may terminate the permit, at the city's sole option.

The applicant shall notify the city of all changes in ownership or operation of the facility within 30 days of the change.