Chapter 25 ZONING ORDINANCE.
Article 21. Special Provisions.
Sec. 25-21-80. Wireless telecommunications facilities.
(a) Definitions. For the purposes of this section, the following terms and
phrases have the meaning ascribed to them in this subsection.
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.
means the practice of sharing support structures and buildings by wireless
telecommunications providers (either public or private).
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
"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.
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
(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.
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
(B) Flush mounted panel antennas in industrial
(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.
mobile antenna when placed on a site for more than twenty-four hours but less
than thirty days.
(C) Roof mounted facilities on nonresidential
(D) Licensed carrier facilities on publicly owned or publicly
(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
(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
(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
(C) Telecommunications facilities on historic sites.
carrier telecommunications facilities on residentially developed
(E) Monopole and lattice towers in agricultural land use
(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.
telecommunications facilities not listed as exempt, permitted, or
(H) Monopole facilities in commercial and industrial
(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
(C) Telecommunication facilities where the combined electromagnetic
frequency radiation (EMF) exceeds the state or federal
(D) Antennas within urban corridors which are subject to the
city’s community design standards.
(E) Parks and recreational
(c) Design and Siting Standards.
(1) Standards for Exempt
(A) Accessory to residential use:
more than one satellite dish exceeding thirty-six inches in diameter per
(ii) Satellite dishes shall not extend above the peak of the roof or
(iii) Antennas shall meet applicable height
(iv) Antennas and dishes shall meet applicable setback
(B) Flush-mounted panel antennas in industrial
(i) The lowest part of the panel shall be at least twenty feet above
(ii) The panel and connections shall not project out more than
eighteen feet from the building surface it is mounted to.
connections, and supports shall be treated to match the color scheme of the
(iv) Panels and connections shall not project above the mounting
(v) The structure is not a designated historic
(vi) Ground-mounted support equipment cabinets or buildings shall be
screened (in accordance with the applicable landscape
(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.
(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.
(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
(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
(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
(B) Mobile antenna for more than twenty-four
(i) Antenna vehicle/trailer shall be located only on an improved
(ii) Parking and access for support personnel shall be on an
(iii) Day and night safety marking shall be
(iv) The antenna vehicle/trailer and support parking shall not be
located within a public right-of-way.
(C) Co-location and
(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
(iii) The co-located facilities shall meet the original conditions
(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:
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
(ii) Panels shall match the color scheme of the building
(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
(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
(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
(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
(ix) Utility service lines shall be
(F) Licensed carrier facilities on publicly owned lands or
(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
(iv) Support equipment for antennas on signals or street lights
shall be undergrounded or fully screened.
(G) Flush-mounted antennas in
(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
(vi) Exterior electrical lines serving the equipment cabinet or
building shall be undergrounded.
(vii) Panels shall not protrude above the
(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
(i) Shall be limited to building or facade mounted
(ii) Shall not be permitted on single-family or two-family
(iii) Shall meet all state and federal requirements for health
and safety pertaining to distance from sensitive receptors.
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
(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
(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
(ii) Construction of the facility must not result in a reduction in
(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
(v) Limited to building mounted facilities.
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
(i) Adequate access shall be provided.
visible when viewed from the public street or other public
(iii) No reduction in parking below that required by local
(iv) Concurrent review and approval by the city and the
(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
(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.
(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
(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
(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
(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
(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
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
(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
(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.)