18-19.240 Wireless Telecommunication Facilities.
a. Purpose. To establish standards for the development, siting and installation of wireless telecommunications facilities; to protect and promote public health, safety and welfare; and to preserve view corridors and avoid adverse visual and environmental impacts. These standards are not intended to be all-inclusive. Projects may be subject to additional standards deemed appropriate through design review and use permit application processing to address site-specific conditions.
b. Exempt Facilities. The following wireless telecommunication facilities are exempt from the requirements of this section:
1. Government-owned communications facilities used primarily to protect public health, welfare and safety.
2. Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services.
3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site, subject to compliance with development standards set forth in Section 18-19.220 et al.
4. Any facility specifically exempted under Federal or State law.
c. Planning Applications and Approvals Required.
1. Installation of a new wireless telecommunication facility, or significant modification as determined by the Director, of an existing installation shall require administrative use permit approval and design review.
2. The co-location of a new wireless telecommunication facility with an existing approved installation or minor modification of an existing installation shall be subject to design review approval.
3. The applicant shall submit application materials and fees as required by the Community Development Department.
d. Building Permit Required. Wireless communications facilities shall not be constructed, installed or modified prior to obtaining a City building permit.
e. Site Development and Performance Standards.
1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zoning district.
2. Height. The height of any antenna or support equipment shall be determined as part of the use permit on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.
3. Site Access. Telecommunication facilities should use existing roads and parking whenever possible. New and existing access roads and parking shall be improved and surfaced where necessary to the satisfaction of the Director.
4. Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer.
(a) Building-mounted facilities shall appear as an integral part of the structure. Equipment and antennas shall be compatible and in scale with existing architectural elements, building materials and site characteristics. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure. If possible, antennas and equipment shall be located entirely within an existing or newly created architectural feature so as to be effectively unnoticeable.
(b) Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to be effectively unnoticeable.
(c) All connections and conduits between the base of the antenna(s) and support equipment shall be undergrounded. Connections and conduit above ground shall be fully enclosed to the satisfaction of the Director. Electrical and telephone service to the support equipment shall be undergrounded.
(d) Ground-mounted antennas, poles, structures, equipment or other parts of a telecommunications facility, which would extend above a ridgeline so as to silhouette against the sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the natural surroundings.
5. Lighting. All telecommunication facilities, not otherwise required to have lighting pursuant to Federal Aviation Administration rules, shall be unlit, except when authorized personnel are actually present at night and except for exempt facilities.
6. Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunications facility to provide the City with a notice of intent to modify site equipment in any way. At the time of modification, co-location or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the Director. Unused or obsolete equipment or towers shall be removed from the site within ninety (90) days after their use has ceased.
7. Number of Facilities per Site. The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities.
8. Co-location. All facilities shall provide co-location opportunities to other operators to the extent technically feasible without significant impairment to broadcast or reception capabilities. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal. Facilities shall also provide co-location opportunities to accommodate governmental emergency communication equipment and operation to the extent that such communication equipment and related operations will not adversely affect broadcast or reception capabilities of the applicant’s facility. Failure to comply with co-location requirements may result in the denial of a permit request or revocation of an existing permit.
9. Noise. Each facility shall be operated in a manner that minimizes any possible disruption caused by noise to people working and living in the vicinity. At no time shall equipment noise from any source exceed an exterior noise level of fifty-five (55) dB at the property line or within twenty (20') feet of such equipment, whichever is less. This requirement may be modified at the discretion of the Director where typical ambient noise levels exceed fifty-five (55) dB. Outdoor noise producing construction activities shall take place only on weekdays between the hours of 8:00 a.m. and 5:00 p.m. unless a different schedule is approved as part of the use permit.
10. Backup Generators. Unless specifically exempt by the Planning Commission, all facilities shall use a temporary backup generator that can provide backup power for a minimum for seventy-two (72) hours. These generators shall be required to meet or exceed Air Pollution Control District standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the Air Pollution Control District. Project plans shall indicate location, size, horsepower and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.
11. Biological Impacts. Wireless telecommunication facilities shall minimize potential impacts to biological resources.
12. Cultural Impacts. Wireless telecommunication facilities shall minimize potential impacts to cultural resources (including Native American resources).
13. Radio Interference. Interference with municipal radio communication is prohibited. Any telecommunication facility that the City has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the City and shall be subject to use permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation established by the use permit, at the expense of the facility owner/operator.
14. Radio Frequencies and Electromagnetic Exposure.
(a) Wireless telecommunications facilities operating alone or in conjunction with other telecommunications facilities shall not produce radio frequency radiation in excess of the standards for permissible human exposure as adopted by the Federal Communications Commission (FCC). Applications for facilities shall include a radio frequency radiation (RFR) report that measures the predicted levels of RF radiation emitted by the proposed facility. The radio frequency radiation report shall compare proposed project levels to levels allowed by the FCC and shall show output of the proposed facility in combination with other facilities located or proposed in the vicinity.
(b) The City may require one (1) or more post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone or in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.
15. Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunication facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol and content conventions.
16. Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the Director, upon receipt of written complaints, the use permit allowing a telecommunications facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted or modified or the use permit may be revoked.
17. Interference with Public Services and Facilities. Telecommunication facilities within public parks shall not interfere with park operations or limit public use of park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.
18. City Inspection. The City shall have the right to access facilities after twenty-four (24) hours’ written or verbal notice.
f. Abandonment. It shall be the responsibility of the owner/operator of a telecommunications facility to provide the City with a notice of intent to vacate the site a minimum of thirty (30) days prior to ceasing operation. Any wireless telecommunication facility that is not operated for a continuous period of ninety (90) days shall be removed within ninety (90) days of the date upon which the operation ceased.
g. Revocation of a Permit. Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the Director may schedule a public hearing before the Director to consider revocation of the permit. (Ord. #248-2020, S2 (Exh. A))