Title 18 - Unified Development Ordinance

Accessory Facility means an accessory facility, building, structure or equipment serving or being used in conjunction with Communications Facilities and generally located on the same Site as the Communications Facilities, including, but not limited to, utility or Transmission Equipment, power supplies, generators, batteries, cables, equipment buildings, storage sheds or cabinets, or similar structures.

Effective on: 1/1/1901

Antenna means communications equipment that transmits or receives electromagnetic radio signals used in the provision of Wireless Services. 

• Distributed Antenna System (DAS) means a network that distributes radio frequency signals and consisting of:

1. 1.
   Remote communications or Antenna nodes deployed throughout a desired coverage area, each including at least one Antenna for transmission and reception;
2. 2.
   A high capacity signal transport medium that is connected to a central communications hub site; and
3. 3.
   Radio transceivers located at the hub’s site to process or control the communications signals transmitted and received through the Antennas to provide Wireless or mobile Service within a geographic area or structure.

• Small Cell Facility means a Communications Facility that meets both of the following qualifications:

1. 1.
    Each Antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or in the case of an Antenna that has exposed elements, the Antenna and all of the Antenna’s exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and
2. 2.
   Primary equipment enclosures that are no larger than 17 cubic feet in volume, or facilities comprised of such higher limits as the FCC has excluded from review pursuant to 54 U.S.C. § 306108. Accessory Facilities may be located outside the primary equipment, and if so located, are not to be included in the calculation of equipment volume. Accessory Facilities includes, but is not limited to, any electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services.  

• Small Cell Network means a collection of interrelated Small Cell Facilities designed to deliver Wireless Service.

Effective on: 1/1/1901

Applicant means any person or entity that is engaged in the business of providing Wireless Services or the wireless infrastructure required for Wireless Services and that submits an Application pursuant to this Chapter.

Effective on: 1/1/1901

Application means all necessary and appropriate documentation that an Applicant submits in order to receive approval for a Communications Facility.

Effective on: 1/1/1901

Approval Authority means the Director for all Applications pursuant to Section 18.395.040 A, and means the Governing Body for all Applications pursuant to Section 18.395.040 B.

Effective on: 1/1/1901

Base Station means a station that includes a structure that currently supports or houses an Antenna, transceiver, coaxial cables, power cables or other Accessory Facilities at a specific Site that enables FCC-licensed or authorized Wireless Service to mobile stations, generally consisting of radio transceivers, Antennas, coaxial cables, power supplies and other associated electronics. The term does not mean a Tower or equipment associated with a Tower; and it does not include any structure that, at the time the relevant Application is filed with the City, does not support or house equipment described in this paragraph or that was not previously approved under the applicable zoning or siting process. (A non-tower support structure – for example, a building, church steeple, water tower, sign, street light, utility pole or other non-tower structure that can be used as a support structure for Antennas or the functional equivalent of such.)

Effective on: 1/1/1901

Collocation means the mounting or installation of Transmission Equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for Wireless Service.

Effective on: 1/1/1901

Communications Facility means a structure, facility, or location designed, or intended to be used as, or used to support Antennas or other Transmission Equipment used in Wireless Services. This includes without limit, Towers of all types, and Base Stations, including but not limited to buildings, church steeples, water towers, signs, or other structures that can be used as a support structure for Antennas or the functional equivalent of such. It further includes all related Accessory Facilities associated with the Site. It is a structure and facility intended for transmitting and/or receiving, Wireless Services, Specialized Mobile Radio (SMR), personal communications services (PCS), commercial satellite services, microwave services, radio, television, and any commercial Wireless Service not licensed by the FCC.

Effective on: 1/1/1901

Eligible Facilities Request means any request for Modification of an Existing Tower, Base Station, or any other structure qualifying as an eligible facility under federal law, that does not Substantially Change (see definition) the physical dimensions of such Tower or Base Station, involving:

1.  Collocation of new Transmission Equipment;

2.  Removal of Transmission Equipment; or

3.  Replacement of Transmission Equipment.

Effective on: 1/1/1901

Eligible Support Structure means any Tower or Base Station (see definition), provided that it is Existing at the time the relevant Application is filed.

Effective on: 1/1/1901

Existing. A constructed Tower or Base Station is Existing if it has been reviewed and approved under the applicable zoning or siting process, provided that a Tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is Existing for purposes of this definition.

Effective on: 1/1/1901

FAA means the Federal Aviation Administration.

Effective on: 1/1/1901

FCC means the Federal Communications Commission.

Effective on: 1/1/1901

Modification or Modify means the addition, removal or change of any of the physical and noticeably visible components or aspects of a Communications Facility such as Antenna, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any noticeably visible components, vehicular access, parking, upgrade or exchange of equipment for better or more modern equipment.  Modification shall not include Replacement of such components in kind. A Collocation which changes the physical configuration of the Existing facility or structure shall be considered a Modification. The Director shall determine when changes such as enlarging the ground-mounted equipment area, increasing the screen wall height or installing additional equipment changes the physical and noticeably visible aspects of a Communications Facility.

Effective on: 1/1/1901

Replacement means Replacement of an Existing Communications Facility that exists on a previously approved Site, utility easement, or an approved special use permit area, with a new facility of comparable proportions and of comparable height or such other height that would not constitute a Substantial Change to an Existing structure to support Communications Facilities or accommodate Collocation. A Replacement includes any associated removal of the pre-Existing Communications Facilities. A Replacement Tower shall be within 15 feet, as measured horizontally along the ground, of an Existing Tower, and the Existing Tower shall be removed within 30 days from the installation of the Replacement Tower. The Director may approve a separation greater than 15 feet.

Effective on: 1/1/1901

Site means, for Towers other than ROW Monopoles, utility poles and street lights in the public rights-of-way, the current boundaries of the leased or owned property surrounding the Tower and any access or utility easements currently related to the Site, and, for other Eligible Support Structures, further restricted to that area in proximity to the structure and to other Transmission Equipment already deployed on the ground.

Effective on: 1/1/1901

Stealth Or Stealth Technology

Stealth or “Stealth Technology” means using the least visually and physically intrusive facility by minimizing adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and generally in the same area as the requested Site of a Communications Facility. Specifically, this means ensuring that all Antenna arrays, cables, and other Accessory Facilities used for providing the Wireless Service are not obtrusive or noticeably visible from adjacent properties or adjacent right-of-ways. Any Accessory Facilities mounted onto a Tower or structure shall not project greater than one (1) foot, as measured horizontally, from the surface of the Tower or structure and shall be painted or screened with materials that are a complementary color as the Tower or structure. Cables shall not be allowed to travel along the exterior of a Tower or structure. Understanding that new technologies are anticipated to change the components of Communications Facilities, the Director may determine if a Communications Facility or component of a Communications Facility is designed to be Stealth.

Effective on: 1/1/1901

Substantial Change means a Modification that substantially changes the physical dimensions of an Eligible Support Structure (Tower or Base Station) by any of the following criteria:

1.  Height

1. a.
   For Towers not in the public rights-of-way, an increase in the height of the Tower by more than 10% or by the height of one additional Antenna array with separation from the nearest Existing Antenna not to exceed 20 feet, whichever is greater. 
2. b.
   For other Eligible Support Structures (e.g., ROW Monopoles, utility poles and street lights in the public rights-of-way with small cell/DAS facilities or Base Stations), an increase in the height of the structure by more than 10% or more than 10 feet, whichever is greater.

Changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally (such as on buildings’ rooftops); in other circumstances, changes in height are measured from the dimensions of the Tower or Base Station, inclusive of originally approved appurtenances and any Modifications that were approved prior to the passage of the Spectrum Act.[1]

2.  Width/Girth

1. a.
   For Towers not in the public rights-of-way, adding an appurtenance to the body of the Tower that protrudes from the edge of the Tower more than 20 feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater.
2. b.
   For other Eligible Support Structures (e.g., ROW Monopoles, utility poles and street lights in the public rights-of-way with small cell/DAS facilities or Base Stations), adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet.

3.  New equipment cabinets

1. a.
   For any Eligible Support Structure (see definition), the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets.
2. b.
   For ROW Monopoles, utility poles and street lights in the public rights-of-way with small cell/DAS facilities and for Base Stations, the installation of any new equipment cabinets on the ground if there are no pre-Existing ground cabinets associated with the structure, or else the installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure.

4.  Any excavation or deployment outside the current Site.

5.  Defeating the Stealth Technology or concealment elements of the Eligible Support Structure.

6.  Not complying with conditions associated with the siting approval of the construction or Modification of the Eligible Support Structure or Base Station equipment, provided however that this limitation does not apply to any Modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections 1. through 4. above.

Effective on: 1/1/1901

Transmission Equipment means equipment that facilitates transmission for any FCC-licensed or authorized Wireless Service, including, but not limited to, radio transceivers, Antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with Wireless Services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed Wireless Services and fixed Wireless Services such as microwave backhaul.

Effective on: 1/1/1901

Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized Antennas and their Accessory Facilities, including structures that are constructed for Wireless Services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed Wireless Services and fixed Wireless Services such as microwave backhaul, and the associated Site.

• Lattice Tower means a guyed or self-supporting three or four sided, open, steel frame structure used to support Antennas and Transmission Equipment.

• Monopole means a tower consisting of a single pole, constructed without guy wires and ground anchors. 

• ROW Monopole means Monopole in the Right-of-Way dedicated for the sole purpose of small cell/DAS facilities.

Effective on: 1/1/1901

Wireless Services means “personal wireless services” and “personal wireless service facilities” as defined in 47 U.S.C. § 332(c)(7)(C), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through Communications Facilities or any fixed or mobile Wireless Services provided using Communications Facilities.

(History: Ord. ZRR-3274 §1, 2020; Ord. ZRR-3134 §2, 2016; ZRR-2795 §10, 2009)

Effective on: 1/1/1901