(a) Definitions. For the purposes of this section, the following terms and phrases have the meaning ascribed to them in this subsection.
"Antenna" means any system of wires, poles, rods, discs or other similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure.
"Co-location" means the practice of sharing support structures and buildings by wireless telecommunications providers (either public or private).
"Development permit" means a permit issued pursuant to compliance with the applicable adopted uniform code(s), state law(s), and city ordinance(s). The issuance of the permit consists of a ministerial decision. A ministerial decision involves only the use of fixed standards or objective measurements, where the public official cannot use personal subjective judgment in deciding whether or how the project should be carried out.
"Discretionary permit" means a permit that requires the approval of the zoning administrator, planning commission or city council prior to the issuance of a development permit. A discretionary permit includes public notification of the public hearing by the decision making body regarding the project, and often the approving or certifying of an environmental assessment for the project during the meeting.
"Lattice tower" means a three or more legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
"Monopole" means a structure of single pole (non-lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.
"Stealthing" means improvements or treatments added to an improvement which mask or blend the proposed improvement into the existing structure or visual backdrop in such a manner as to render the improvement minimally visible to the casual observer. Stealthing may utilize, but does not require, concealment of any component of the wireless facility.
"Wireless communication facility" means any structure, antenna, pole, equipment and related improvements which support the wireless telecommunications industry in the transmission and/or reception of electromagnetic signals.
(b) Permitting. The following outlines the development permitting process as it applies to facilities described herein. Wireless telecommunications facilities which are generally considered to have minimal impacts or which are exempt from local review by state or federal statutes have been classified as exempt under this section and are not regulated when in compliance with the development standards set forth herein. Other wireless telecommunications facilities which have the potential to create impacts have been categorized to allow for additional review. Unless listed below as exempt or prohibited, no wireless telecommunications facility shall be constructed without first obtaining a development permit.
(1) Exempt Facilities. The following facilities, if meeting the physical requirements of subsection (c)(1) of this section, shall be exempt from discretionary review under this section, but may require a development permit.
(A) Interior and exterior facilities accessory to the residential use of the site including television antennas, satellite dishes, and amateur radio facilities.
(B) Public safety facilities including transmitters, repeaters and remote cameras.
(C) Telecommunication facilities accessory to other public equipment such as irrigation controls, well monitoring, and traffic signal controls.
(D) Facilities erected and operated for emergency situations.
(E) Facilities specifically exempted under federal or state law.
(F) Mobile facilities when placed on a site for less than twenty-four consecutive hours.
(2) Development Permit. The following telecommunications facilities, when meeting the physical requirements of subsection (c)(1) of this section, shall be reviewed by staff upon submittal of an application for a development permit.
(A) Addition of antenna panels on a tower for which a use permit allowing co-location has previously been approved.
(B) Flush mounted panel antennas in industrial zones.
(C) Licensed carrier facilities concealed from public view or integrated into the site architecture of nonresidential structures to be constructed or renovated.
(3) Zoning Administrator Review. The following telecommunication facilities, when meeting the physical requirements of subsection (c)(2) of this section, shall be reviewed in accordance with Article 31 and zoning administrator regulations.
(A) Any exempted use which does not meet the physical standards of subsection (c)(1) of this section.
(B) Any mobile antenna when placed on a site for more than twenty-four hours but less than thirty days.
(C) Roof mounted facilities on nonresidential structures.
(D) Licensed carrier facilities on publicly owned or publicly utilized lands.
(E) Replacement of previously approved towers in commercial and industrial zones.
(F) Placement of private carrier facilities on utility, signal or lighting structures within the public right-of-way or easement.
(G) Antenna arrays mounted on existing billboards, water towers and other similarly scaled structures.
(4) Conditional Use Permit. The following telecommunications facilities, when meeting the physical standards of subsection (c)(3) of this section, shall be reviewed in accordance with Article 27.
(A) Any zoning administrator use which does not meet the physical standards of subsection (c)(2) of this section.
(B) Single carrier tower facilities in any zone other than the commercial and industrial zones.
(C) Telecommunications facilities on historic sites.
(D) Public carrier telecommunications facilities on residentially developed parcels.
(E) Monopole and lattice towers in agricultural land use zones.
(F) Wireless telecommunication facilities on publicly owned lands not otherwise subject to local land use zoning, but lying within the local jurisdiction, when the wireless telecommunication facility is not solely maintained or operated for the primary public use of the site.
(G) Other telecommunications facilities not listed as exempt, permitted, or prohibited.
(H) Monopole facilities in commercial and industrial zones.
(5) Prohibited Telecommunications Facilities. The following telecommunications facilities shall be prohibited:
(A) Public carrier telecommunications facilities located within designated enhanced habitat areas such as greenbelts and habitat restoration areas. The city shall make available for public review a map identifying any such areas.
(B) More than one monopole or lattice tower within one thousand feet of any other existing monopole or lattice tower(s), unless visual impacts are negligible and the applicant can demonstrate that the site is a technical necessity to meet demands of the geographic service area and the applicant’s city-wide network.
(C) Telecommunication facilities where the combined electromagnetic frequency radiation (EMF) exceeds the state or federal standard.
(D) Antennas within urban corridors which are subject to the city’s community design standards.
(E) Parks and recreational lands.
(c) Design and Siting Standards.
(1) Standards for Exempt Telecommunications Facilities.
(A) Accessory to residential use:
(i) No more than one satellite dish exceeding thirty-six inches in diameter per parcel.
(ii) Satellite dishes shall not extend above the peak of the roof or parapet.
(iii) Antennas shall meet applicable height requirements.
(iv) Antennas and dishes shall meet applicable setback requirements.
(B) Flush-mounted panel antennas in industrial zones:
(i) The lowest part of the panel shall be at least twenty feet above grade.
(ii) The panel and connections shall not project out more than eighteen feet from the building surface it is mounted to.
(iii) Panels, connections, and supports shall be treated to match the color scheme of the building.
(iv) Panels and connections shall not project above the mounting facade.
(v) The structure is not a designated historic site.
(vi) Ground-mounted support equipment cabinets or buildings shall be screened (in accordance with the applicable landscape guidelines).
(vii) Exterior electrical lines serving the equipment cabinet or building shall be undergrounded.
(viii) The total square footage of all panels shall not exceed twenty-five square feet on any facade.
(C) Public safety facilities:
(i) Shall preferably be located on existing public structures such as buildings, towers, bridges and light poles.
(ii) Shall be treated to match the supporting structure.
(D) Emergency facilities:
(i) Shall be removed at the conclusion of the emergency or shall be replaced by public safety facilities.
(E) Co-location of panels on a previously permitted tower:
(i) The tower has been constructed and is operating in accordance with the conditions of the use permit.
(ii) The new array does not increase the height of the existing tower.
(iii) The panel array is the second or third grouping on the tower.
(iv) A microwave dish greater than thirty-six inches in diameter is not being proposed as part of the array.
(v) The combined EMF for all arrays does not exceed applicable state or federal standards.
(vi) The new array fits within the three dimensional envelope of the existing tower and arrays.
(vii) The new array will meet the conditions of the use permit.
(viii) The new array does not require major modifications to the structure of the existing tower.
(2) Standards for Zoning Administrator Permits.
(A) Accessory to residential uses:
(i) Satellite dishes greater than thirty-six inches in diameter shall be ground mounted, on the rear half of the parcel, and screened from view of the public right-of-way.
(B) Mobile antenna for more than twenty-four hours:
(i) Antenna vehicle/trailer shall be located only on an improved surface.
(ii) Parking and access for support personnel shall be on an improved surface.
(iii) Day and night safety marking shall be provided.
(iv) The antenna vehicle/trailer and support parking shall not be located within a public right-of-way.
(C) Co-location and replacement:
(i) Placement of the new array shall not increase the height of the existing tower by more than thirty percent or greater than applicable height requirements, whichever is less.
(ii) The original tower was erected and is operated in accordance with the conditions of the original use permit.
(iii) The co-located facilities shall meet the original conditions of approval.
(iv) The co-location request does not include microwave transmitters exceeding thirty-six in diameter.
(v) May be subject to annual review as provided for herein.
(D) Roof-mounted facilities:
(i) The facility and related equipment shall be screened from view or architecturally integrated into the building design so that only support brackets and panels are visible from the opposite side of the right-of-way in front of the building.
(ii) Panels shall match the color scheme of the building facade.
(iii) Ground-mounted equipment cabinets/buildings shall be screened (in accordance with the applicable landscaping guidelines).
(iv) Shall not exceed the allowable height limit for the zone.
(E) Monopoles in the commercial and industrial zones:
(i) Total height shall be in accordance with applicable requirements.
(ii) Parking and access shall be on an improved surface.
(iii) No required parking for the primary use shall be lost due to placement of the pole and support facilities.
(iv) Required fire access shall be maintained.
(v) Support equipment cabinets/buildings shall be screened from view (in accordance with the applicable landscaping guidelines).
(vi) The pole shall be integrated into the overall site design or surrounding area setting so as to render the monopole minimally visible when viewed from the nearest public street or accessway. Generally, the pole shall be located in the rear half (or, on corner parcels, the rear quarter) of the parcel.
(vii) The pole shall not be located within five hundred feet of residentially developed parcels or other sensitive uses.
(viii) Pole and support equipment shall not be located within any setback or required landscaping area.
(ix) Utility service lines shall be undergrounded.
(F) Licensed carrier facilities on publicly owned lands or within rights-of-way:
(i) Facilities shall meet the requirements of subsection (c)(2)(E) of this section except as follows.
(ii) Low power facilities to meet the needs of the immediate neighborhood may be proposed on existing light towers in public parks.
(iii) Antennas placed on signal or street light poles shall not exceed two feet in length or six inches in diameter.
(iv) Support equipment for antennas on signals or street lights shall be undergrounded or fully screened.
(G) Flush-mounted antennas in commercial zones:
(i) Placement of the panel shall not interfere with or encroach upon vehicular or pedestrian accessways.
(ii) The panel and connections shall not project out more than eighteen inches from the building surface it is mounted to.
(iii) Panels, connections, and supports shall be treated to match the color scheme of the building.
(iv) The structure is not a designated historic site.
(v) Ground-mounted support equipment cabinets or buildings shall be screened (in accordance with the applicable landscape guidelines).
(vi) Exterior electrical lines serving the equipment cabinet or building shall be undergrounded.
(vii) Panels shall not protrude above the roofline.
(3) Standards for Conditional Use Permits. Facilities approved pursuant to a conditional use permit shall comply with the physical standards outlined herein unless the planning commission specifically approves an exception from those standards.
(A) Wireless facilities on lands zoned for residential development:
(i) Shall be limited to building or facade mounted facilities.
(ii) Shall not be permitted on single-family or two-family dwellings.
(iii) Shall meet all state and federal requirements for health and safety pertaining to distance from sensitive receptors.
(iv) Satellite dishes placed on property zoned for multifamily use shall not be located in such a manner as to result in visual clutter.
(B) Single carrier tower facilities located on lands zoned for other than commercial and industrial use specifically prohibited herein shall meet the following minimum physical standards unless specifically exempted:
(i) Must comply with the physical standards of subsection (c)(2)(E) of this section.
(ii) Shall be subject to periodic review as identified herein.
(iii) May exceed allowable height limit upon a finding that the additional height is necessary to meet technical requirements.
(C) Telecommunications facilities on historic sites shall be allowed as follows:
(i) The facility must comply with the applicable development regulations of the land use zone and all other applicable regulations pertaining to the preservation of historical sites.
(ii) Construction of the facility must not result in a reduction in required parking.
(iii) The facility must be concealed from public view or integrated into the site architecture.
(iv) Must be reviewed by applicable historical preservation boards or commissions prior to final action by city.
(v) Limited to building mounted facilities.
(D) Other telecommunications facilities not listed elsewhere herein as exempt, permitted or prohibited shall comply with the following minimum physical standards and other requirements as deemed appropriate by the planning commission:
(i) Adequate access shall be provided.
(ii) Minimally visible when viewed from the public street or other public right-of-way.
(iii) No reduction in parking below that required by local ordinance.
(iv) Concurrent review and approval by the city and the county.
(4) Lighting and Placement. Facility lighting shall comply with the local requirements of the city. Towers shall not be artificially lighted, unless required by the FAA or other applicable public safety authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(5) Color. The use of colors and facility designs shall be compatible with surrounding buildings and/or uses in the area or those likely to exist in the area and shall prevent the facility from dominating the surrounding area. No action shall be taken subsequent to completion of project construction which would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.
(6) Noise. In general, noise levels shall comply with the applicable state and local guidelines. In no instance shall noise levels produced by the facility or appurtenant equipment exceed sixty-five dBA as measured at the site property line. Back-up generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between 8:30 A.M. and 4:30 P.M.
(7) Height.
(A) All wireless telecommunications facilities shall be designed to the minimum functional height required, and shall be in compliance with height requirements set forth in this section.
(B) The height of a telecommunications tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.
(C) The planning commission may approve an increase in height upon making the determination that the additional height is necessary to meet the technical requirements of the facility at a specific location and that the health, safety and general welfare of the public warrant the increase in height.
(D) Management.
(i) Periodic Review. The city may conduct a periodic review of the wireless communication facility to consider whether or not the facility is conforming with the (including the co-location) conditions of its discretionary approval or appropriate permits. The city shall consider whether or not the facility is conflicting with emerging land uses approved under the applicable master or specific plan. If the city concludes that adverse impacts to emerging land uses can be reduced through the use of new technology, or through the retirement of the current facility, the carriers shall work with the city to develop a plan for achieving these mitigating goals. The city may impose a condition limiting the duration of any permit for a wireless communication facility located on property zoned other than industrial only after making findings of fact that such a condition is warranted. As part of such condition, the city shall specify the development threshold which could trigger termination of the permit following a duly noticed public hearing.
(ii) Abandonment. If any wireless communication facility or attached wireless communication facility is not operated for a continuous period of six months, the service provider shall notify the planning director. A wireless communication facility shall be considered abandoned and shall be removed by the facility owner within the next six months and the site restored back to its original setting. The city may, at its discretion, require the posting of a performance surety to cover the cost of the removal of abandoned facilities.
(iii) Severability. If any action, subsection, sentence, clause or phrase of this section is, for any reason, held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of remaining portions of this section.
(iv) Public Health and Safety (EMF and RF). No wireless communication facility or combination of facilities shall generate, at any time, EMF or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time.
All telecommunication facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, the property owner or responsible party shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Any violation of this subsection shall constitute grounds for revocation of any permits and/or approvals granted under this section. Such violations shall also constitute grounds for abatement and removal of the telecommunication facility by the city at the property owner’s expense.
If it is found that wireless telecommunications facilities are or will be detrimental to the health, safety, or welfare of persons working or residing near such facilities, then the service provider(s) shall be solely responsible for the removal, adjustment, or replacement of the facilities. In no case shall the facility remain in operation if it is found to create a hazard to health, safety, or welfare. A facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the facility so long as it meets all then current standards established by the FCC, or other federal agency having jurisdiction.
(v) Use of Outside Consultants. From time to time the approving agency may need the services of a qualified outside consultant to supplement staff to review and make appropriate recommendations including, but not limited to, compliance with radio frequency emissions standards and/or identification of alternative solutions where there is a possibility that a proposed facility could result in a significant impact to the surrounding area. The use of outside consultants shall be at the applicant’s expense. The cost of these services shall be in addition to all other applicable fees associated with the project, and shall be contracted for and administered by the city.
(6) Appeals. Any person dissatisfied with the decision to either approve or deny a development permit for the construction or modification of a wireless telecommunications permit, excluding exempt facilities, may file an appeal in accordance with the procedures set forth in this chapter. (Amended during the March 2009 supplement.)