The purpose of these regulations is to:

A.

Establish uniform standards and procedures to manage the development, siting, installation and operation of wireless communication facilities (WCFs) in compliance with the Federal Telecommunications Act of 1996; and

B.

Provide for appropriate development of WCFs to provide services within the town in a manner that will protect and promote public health and safety, preserve the town's residential character and uncluttered appearance, and prevent visual blight.

C.

This chapter applies to all new WCFs and the expansion and/or alteration of any existing WCF.

D.

This chapter shall not apply to the following uses: over-the-air reception devices, large satellite dishes, satellite earth stations and amateur radio facilities as defined in Section 17.04.030 of this title.

(Ord. 05-02 § 1 (part))

A.

Certain Facilities Permitted Subject to Administrative Review by Town Building Official. Certain wireless communications facilities are permitted uses in zoning districts as set forth in Tables 17.57.030.T1 and 17.57.030.T2, provided that conditions of this chapter are complied with. An application for a building permit for a wireless communications facility and the application fee established by the council shall be submitted to the town building official.

B.

Monopoles, Other Facilities Require Special Use Permit. Monopoles and certain other wireless communications facilities are permitted uses in zoning districts as set forth in Tables 17.57.030.T1 and 17.57.030.T2, upon obtaining a special use permit and subject to compliance with this chapter.

C.

Application for Special Use Permit. An application for a wireless communications facility requiring a special use permit, or expansion or alteration of any existing facility which originally required a special use permit shall be filed in accordance with the application procedures set forth in Chapter 17.56, Special Uses and Temporary Buildings, of this title. An application fee established by the town council shall be submitted along with the application. In addition to any other requirements specified, applications shall include the following:

1.

Inventory. An inventory list and map of existing WCFs operated within two miles of the proposed site including specific information as to location, height and design of each facility;

2.

Report on Alternatives. A statement explaining why the WCF is needed at the requested location. If the applicant is seeking to construct a new monopole, the applicant shall explain why co-location or location on another kind of support structure is not feasible, including efforts made to develop such an alternative. If the town has requested that the applicant co-locate his or her WCF on a site, the applicant shall explain why co-location is not feasible, including efforts made to develop such an alternative.

3.

Facility Plans.

a.

Dimensioned elevations of the proposed facility, including equipment cabinets and buildings, antennas and fences. Elevations shall identify the separation between the proposed WCF and any existing WCFs on the same support structure;

b.

Proposed color and material palette;

c.

A site plan illustrating the separation between the proposed WCF and any existing WCFs on the same site;

d.

Method of screening for mechanical and electrical equipment;

e.

Location and type of lighting fixtures proposed; and

f.

Plans for a new monopole shall demonstrate that the structure will accommodate at least one additional WCF.

4.

Photographic Simulation. A photographic simulation with a minimum of four views of the proposed facility from surrounding properties and streets. Specific locations shall be approved in advance by the zoning administrator. A map shall be submitted indicating the locations used for the analysis and their distances from the proposed WCF.

(Ord. 05-02 § 1 (part))

A.

In General.

1.

Land Use Regulations. The land use regulations for each base zoning district in Chapter 17 of this title and Tables 17.50.030.T1 and 17.57.030.T2 establish the districts in which wireless communication facilities are permitted.

2.

Special Use Permit Regulations. In Tables 17.57.030.T1 and 17.57.030.T2, the notation "P" designates uses permitted subject to administrative review by the town building official for compliance with conditions of this chapter, and the notation "U" designates uses that require a special use permit, pursuant to Chapter 17.56, Special Uses and Temporary Buildings, of this title and this chapter.

3.

Site Development Regulations. Site development regulations are set forth in Tables 17.57.030.T1 and 17.57.030.T2. In addition, WCFs are subject to the development regulations set forth in Section 17.57.040, Additional development regulations, of this chapter.

B.

Residential Zoning Districts. WCFs are permitted in residential zoning districts only:

1.

On property owned by the state, county or town, if the primary use of such property is a governmental use; or

2.

On property owned by an electric utility company, if the property is used for an electric utility use; or

3.

On property located in an R-43 rural residential dwelling district;

4.

Subject to the requirements of Table 17.57.030.T1.

Table 17.57.030.T1

WCF Site Development Regulations—Residential Zoning Districts

* Use permit required if antenna array exceeds four feet in diameter.

† "Maximum Height" shall include all the height of the freestanding pole or structure and any and all additional structures, antennae, artificial palm fronds or limbs, or other design features.

‡ Where the pole or structure is less than sixty (60) feet, then the minimum setback shall be one hundred ten (110) percent of the actual height of the pole or structure.

C.

Commercial Zoning Districts. WCFs are permitted in commercial zoning districts, subject to the requirements of Table 17.57.030.T2.

Table 17.57.030.T2

WCF Site Development Regulations—Commercial Zoning Districts

* Use permit required if antenna array exceeds four feet in diameter.

† "Maximum Height" shall include all the height of the freestanding pole or structure and any and all additional structures, antennae, artificial palm fronds or limbs, or other design features.

‡ Where the pole or structure is less than sixty (60) feet, then the minimum setback shall be one hundred ten (110) percent of the actual height of the pole or structure. Any pole or structure that cannot meet the setbacks requires a use permit.

(Ord. 08-15 § 1 (part); Ord. 05-02 § 1 (part))

A.

Setbacks.

1.

Measurement. Setbacks shall be measured from the boundary of the entire property prior to the WCF application even though the WCF may be sited on one or more smaller individual parcels within a larger lot or parcel.

2.

Required Setback Distances. All monopoles, alternative WCF light poles and alternative WCF structures shall be set back a distance equal to the greater of:

a.

Seventy-five (75) feet from any lot or parcel designated for residential use in the general plan; or

b.

One hundred ten (110) percent of the height of the WCF, including attached antennas; or

c.

A distance equal to the building setback for the district in which it is located.

3.

Additional Setbacks Required. Notwithstanding the above setback requirements, monopoles, alternative WCF light poles, alternative WCF structures and public safety communication towers shall be set back from property designated for residential use in the general plan to the maximum extent feasible.

4.

Equipment Cabinets and Buildings. WCF equipment cabinets and buildings shall comply with the required building setbacks of the base zoning district in which the WCF is located, except as provided for in Section 17.57.030 of this chapter.

5.

Setback Exemptions. The following WCFs are exempt from WCF setback requirements:

a.

WCF antennas mounted on an existing vertical element;

b.

WCF antennas incorporated as a building design element; and

c.

Equipment cabinets or buildings located on an electric utility substation site.

B.

Support Structures.

1.

Alternative WCF Building Element. A building used as a support structure for a WCF shall be a nonresidential building.

2.

Monopole. Any new monopole shall be constructed to allow for co-location of at least one other similar wireless communication antenna. If constructed to less than the maximum height permitted, the monopole shall have the capability of having an additional vertical section added.

3.

Alternative WCF Light Pole. When an alternative WCF light pole replaces one of a group of light poles, its dimensions and appearance shall replicate those of the existing light poles to the maximum extent feasible.

4.

Existing Vertical Element, Recreational Field Light Pole. When a recreational field light pole replaces one of a group of light poles, its dimensions and appearance shall replicate those of the existing light poles to the maximum extent feasible, and the replacement pole diameter shall not be increased by more than fifty (50) percent from the original.

5.

Nonconforming Support Structures. A "nonconforming support structure" means a support structure that was lawfully constructed under the provisions of the code or regulations of the district in effect at the time of construction. No alteration to a nonconforming support structure shall be made unless required or permitted by law, unless the alteration will result in reduction or elimination of the nonconformity, or unless the alteration conforms to the following provisions:

a.

Additions. Additional antennas may be authorized by a special use permit to locate on a nonconforming support structure. In addition to the findings required for approval in Section 17.57.030 of this chapter, required findings for special user permit and Chapter 17.56, Special Uses and Temporary Buildings, of this title, the following findings shall establish the rationale for the granting of relief:

i.

The existing use of the property is conforming;

ii.

The additional antenna conforms with the requirements of this chapter; and

iii.

Any relief granted shall be the minimum required to implement the purposes of this chapter.

C.

Portable Monopoles. Temporary portable monopoles shall be approved in advance by the town building official, and may be approved for a period not to exceed ninety (90) days for the following purposes: (1) during the construction, modification or replacement of an approved WCF; or (2) during a special event, such as a parade or golf course tournament; or (3) any other temporary communications purpose approved by the town building official.

D.

Screening and Aesthetics.

1.

WCFs mounted on existing vertical elements shall use the smallest antenna and array size feasible. An array exceeding four feet in diameter requires a special use permit.

2.

WCF poles and antennas shall have a nonreflective finish.

E.

Equipment Cabinets and Buildings.

1.

Screening.

a.

Equipment Cabinets and Associated Equipment. Equipment cabinets and associated equipment, including air conditioning units and emergency generators, shall be located within the building or structure upon which antennas are placed, or shall be fully screened from view by a decorative solid fence equal to or exceeding the height of the cabinets.

b.

Equipment Buildings. Equipment buildings shall be screened from view by an eight-foot decorative solid fence.

c.

Waiver or Modification of Screening Requirement. If the zoning administrator determines that the WCF cabinets and equipment will only be visible from permanently unoccupied areas, or are already screened from public view, the screening requirement may be waived or modified.

2.

Height.

a.

Equipment cabinets shall not exceed eight feet in height.

b.

Equipment buildings shall not exceed fifteen (15) feet in height.

3.

Area. An equipment cabinet or building may contain an area of up to three hundred (300) square feet for a single provider or six hundred (600) square feet for multiple providers.

F.

Fencing.

1.

Design. Fencing shall be architecturally compatible with buildings or fencing on the property or adjacent properties.

2.

Height. Fencing shall not exceed a maximum of eight feet in height.

3.

Prohibitions.

a.

The use of barbed wire or razor wire is prohibited.

b.

The use of chain link, woven wire and similar fence material is prohibited, except at temporary construction sites.

G.

Lighting.

1.

Artificial lighting of a WCF, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes.

2.

Alternative WCF light poles shall comply with lighting standards of the zoning district where located.

H.

Noise. WCF and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of forty (40) decibels (dba) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of fifty (50) dba during the hours of seven a.m. to ten p.m. and forty (40) dba during the hours of ten p.m. to seven a.m. measured at the property line of any adjacent nonresidential property. Backup generators shall only be operated during power outages and for testing and maintenance purposes.

I.

Co-Location. The operator of any WCF shall permit co-location of at least one additional WCF on the same support structure or site. Applicants and operators shall share technical information to enable evaluation of the feasibility of co-location. Permit requirements may include permission for an additional operator to install, at their cost, an additional support structure to accommodate co-location. Failure to comply with co-location requirements when feasible as provided for in this section is grounds for denial of a use permit application.

(Ord. 08-15 § 1 (part); Ord. 05-02 § 1 (part))

In addition to the findings required in Chapter 17.56, Special Uses and Temporary Buildings, of this title, the zoning hearing officer in the case of a special use permit shall approve, approve with modifications and/or conditions, or deny a special use permit after making the additional findings of fact set forth in this section:

A.

The proposed WCF conforms with the requirements of this chapter;

B.

The applicant has demonstrated the inability to co-locate the proposed WCF on an existing vertical element; and

C.

The visibility of the WCF is reduced to the extent feasible by decreasing its height, increasing its setback, locating it in proximity to other structures, using antenna designs which minimize horizontal projections, and constructing it with colors and materials that de-emphasize its visibility.

(Ord. 05-02 § 1 (part))

A.

WCFs on Utility Property. The costs of improvements to utility facilities, poles and property to accommodate a WCF shall not be charged against any municipal aesthetics program funding granted to the town.

B.

Independent Technical Study. Should the zoning hearing officer require additional technical information that cannot be obtained from the applicant, the town may require the applicant to pay the cost of an independent technical study.

C.

Revocation. Failure to comply with co-location requirements as provided for in this chapter is grounds for revocation of an existing special use permit following notice and a public hearing.

(Ord. 05-02 § 1 (part))