Title 18 - Unified Development Ordinance

18.395.070 Performance Standards for Communications Facilities

1. A.
   Height

   1. 1.
      Towers - The maximum height which may be approved for a Tower is 150 feet, which includes any Transmission Equipment on top of the Tower. A lightning rod, 10 feet in height or less, shall not be included within the height limitations.
   2. 2.
      Small cell/DAS facilities in Right-of-Way

      1. a.
         ROW Monopoles and Street Lights - The maximum height which may be approved for a ROW Monopole or a street light with a small cell/DAS facility shall be consistent with the street classification and adjacent street lights, and shall not exceed the values indicated in the following table:

1.  
   2.  
      2. b.
         Utility Poles - The height of a utility pole may be increased in order to install small cell/DAS facilities; provided, such height increase shall not exceed the greater of 10% of the Existing utility pole height or 10 feet (i.e. Not a Substantial Change).  In the event a new utility pole is being installed within an Existing utility line, the height calculation shall be based upon the immediately adjoining utility poles within the utility line.
   3. 3.
      Base Stations – Base Stations shall comply with any applicable height requirement for its particular type of structure as set forth in the applicable zoning district.

B.  Design and Color

     1.   Tower

1. a.
   Design - Towers shall be a Monopole or of some other Stealth or Stealth Technology design unless required by the Approval Authority to be architecturally compatible to the surrounding development. Guy and Lattice Towers are not allowed. Furthermore, Towers must be designed in compliance with all current applicable technical, safety, and safety-related codes adopted by the City or other applicable regulatory authority.
2. b.
   Color and Finish - Towers shall have a galvanized finish unless an alternative Stealth or camouflaged finish is approved by the Approval Authority.

     2.  Base Stations – Base Stations shall comply with any applicable color and design requirement for its particular type of structure as set forth in the applicable zoning district, and shall blend with the surrounding buildings and/or natural environment.

      3.   Antennas

1. a.
   Design on Towers – Antenna bridges and platforms on Towers are not allowed. Antennas on Towers may be:

     (i)    Internal,

     (ii)   A panel of slim-line design mounted parallel with the Tower

   (iii) A design deemed by the Approval Authority to be less obtrusive or more Stealth than the above- described designs; or

    (iv)  An omni-directional Antenna placed at the top of the Tower when it gives the appearance of being a similarly sized or smaller extension of the Tower. (The latter will be included in the Tower height calculation.)

2. b.
   Design on Base Stations – Antennas and visible Accessory Facilities on a Base Station or other building/structure shall be comprised of materials that are consistent with the surrounding elements so as to blend architecturally with said building/structure and to camouflage their appearance in a Stealth manner. Such facilities on rooftops may require screening that is architecturally compatible with the building. As applicable, the following additional requirements apply:

   (i) Antennas may be installed on any Existing building or structure (such as a water Tower but excluding single-family residences and accessory uses) three (3) stories in height or greater but no less than 35 feet provided that the additional Antennas shall add no more than 20 feet to the height of said Existing structure.

  (ii) Antennas which are architecturally compatible to the building architecture may locate on non-residential buildings less than three (3) stories or 35 feet in height, subject to final development plan approval (certificate of conformity in DFD district).

   (iii)  Attached Antennas on a roof shall be located as close to the center of the roof as possible; and Antennas mounted on a building or structure wall shall be as flush to the wall as technically possible, and shall not project above the top of the wall.

    (iv)  Accessory Facilities for Antennas may be permitted on the roof so long as it is screened from view in accordance with Section 18.450.100. (For ground mounted Accessory Facilities see Section 18.395.070.)

3. c.
   Color and Finish - Antennas and visible Accessory Facilities shall be colored and finished in a manner consistent with the Tower/Base Station and any surrounding elements so as to camouflage their appearance in a Stealth manner. Such facilities shall be of a neutral color that is identical to, or closely compatible with, the color of the Tower/Base Station so as to make such facilities as visually unobtrusive as possible. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen.

C.   Setbacks

1. 1.
   Communications Facilities in commercial and industrial zoning districts shall meet the setback requirements for other types of commercial structures of a similar size that are allowed by right in the zoning district in which the facilities are located. In the event the Communications Facilities will exceed the height allowed for other types of commercial structures in the district in which the facilities are located, the Communications Facilities shall meet the greater of the maximum setback requirements for the zoning district or a setback equal to the height of the facility, unless the Approval Authority reasonably finds that a greater setback is required in the interest of the public health, safety and welfare.
2. 2.
   Communications Facilities in residential and agricultural zoning districts shall meet the greater of the maximum setback requirements for the zoning district or a setback equal to the height of the facility, unless the Approval Authority reasonably finds that a greater setback is required in the interest of the public health, safety and welfare.  Setbacks for Towers located on residentially zoned property which is shown on the Comprehensive Plan for a use other than very-low density or low density residential shall be determined at the time of the Application.
3. 3.
   In addition to the above setback requirements set forth in subsections C1 and C2, Towers shall have a minimum setback of 200 feet from any surrounding property which is shown as Very-Low or Low-Density Residential on the Comprehensive Plan, unless such Tower: (1) does not exceed the height requirement for other types of commercial structures in the district in which the Tower is located; (2) is a utility pole or street light or a Monopole similar in size thereof; or (3) is designed as an architecturally compatible element in terms of material, design and height to the Existing or proposed use of the Site.
4. 4.
   Small Cell/DAS Facilities on utility poles or street lights shall not be subject to the setback requirements in subsections C1 – C3 above.
5. 5.
   The Approval Authority shall have the ability to grant a deviation from the setback requirements above subject to Section 18.150.070 (H).

D.  Accessory Facilities - Accessory Facilities shall include only such structures and facilities necessary for transmission functions for Wireless Services, but shall not include broadcast studios, offices, vehicle storage areas, or other similar uses not necessary for the transmission function. Accessory Facilities shall be constructed of building materials consistent with the primary use of the Site and shall be subject to the applicable approval process. Where there is no primary use other than the Communications Facility, the Accessory Facility and the building materials for the Accessory Facility shall be subject to the review and approval of the Approval Authority.

E.  Equipment Storage - Mobile or immobile equipment not used in direct support of a Communications Facility shall not be stored or parked on the Site of the Communications Facility unless repairs to the Communications Facility are being made or pursuant to emergency approval as set forth in Section 18.395.090.

F.  Parking Areas and Drives - All parking areas and drives associated with the Communications Facility shall comply with Section 18.430.020 except that the Approval Authority may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. All access roads and turn-arounds shall be provided to ensure adequate emergency and service access.

G.  Screening - Accessory Facilities located at the base of a Tower or Base Station shall be screened from view with a solid screen wall a minimum of six (6) feet in height. The materials of the wall, including any proposed razor wire or other security wire, shall be of a material designed to match the architecture of the surrounding structures, and shall be subject to the review and approval of the Approval Authority. The landowner or provider shall be responsible for maintenance of the screening. The Approval Authority shall have the ability to waive or reasonably Modify this requirement where the design of the Accessory Facility is architecturally compatible to the primary use of the Site or where the Accessory Facility will have no visible impact on the public right-of-way and any other nearby property.

H.  Landscaping - A landscape plan shall be required in accordance with Section 18.450.040. The landscape plan shall be sealed by a professional landscape architect, unless this requirement is waived by the Approval Authority. A continuous landscaped area shall be provided around the perimeter of the accessory building or screening wall; and utility boxes will comply with any applicable utility box screening requirement. All plant materials are subject to Section 18.450.060 and shall include a mixture of deciduous and coniferous planting materials. Drought tolerant plant materials are encouraged. The owner or provider shall be responsible for maintenance of all approved landscaping. Where the visual impact of the equipment building would be minimal, the landscaping requirement may be reduced or waived by the Approval Authority.

I.  Lighting – Communications Facilities shall only be illuminated as required by the FCC and/or the FAA. If lighting is required, the Approval Authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting around the base of a Tower may be provided if the lighting is shielded so that: no light is directed towards adjacent properties or rights-of-ways; the lighting avoids illuminating the Tower; and the lighting meets any other applicable City requirements.

J.  Utilities - All utilities at a Communications Facility Site shall be installed underground and in compliance with applicable codes.

K. Security - All Communications Facilities shall be located, fenced, or otherwise secured in a manner that prevents unauthorized access.

L.  Signage – Signage at the Site is limited to non-illuminated warning and equipment identification signs required by the FCC or applicable regulatory body or otherwise approved by the Approval Authority.

M. Building Codes and Inspection

1. 1.
   Construction and Maintenance Standards – To insure structural integrity, Communications Facilities shall be constructed and maintained in compliance with the standards contained in applicable local building codes and the applicable standards for Communications Facilities published by the Electronic Industries Association, (EIA) or any applicable regulatory authority (all as amended from time to time). If upon inspection the City concludes that a Communications Facility fails to comply with such codes and standards and constitutes a danger to persons or property, then the facility owner or landowner shall have 30 days following written notice to bring such facility into compliance. If the facility owner or landowner fails to bring such facility into compliance within this period, the City may order the removal or cause the removal of such facility at the facility owner or landowner’s expense. Failure of the City to inspect the facility shall not relieve the facility owner or landowner of their responsibility to comply with this provision.
2. 2.
   Inspection - At least every 24 months, the Communications Facility shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of Communications Facilities. At a minimum, this inspection shall be conducted in accordance with the inspection check list provided in the Electronic Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures (as amended from time to time). A copy of the inspection record shall be provided to the City upon request. The inspection shall be conducted at the facility owner or landowner’s expense.

N.  Operational Standards

1. 1.
   Communications Facilities shall meet or exceed all minimum structural, height, radio frequency radiation and other operational standards as established by the FCC, FAA, EPA and other applicable federal regulatory agencies. If such standards and regulations are changed, then the Communications Facilities shall be brought into compliance with the revised standards and regulations within six (6) months of the effective date of the ordinance or law from which these standards and regulations are derived, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring Communications Facilities into compliance with any revised standards and regulations shall constitute grounds for the removal of the facility at the owner or provider’s expense.
2. 2.
   It is the responsibility of the Wireless Service provider to promptly resolve any electromagnetic interference problems in accordance with any applicable law or FCC regulation.

O.  Removal of Abandoned Communications Facilities - Any Communications Facility that is not operated for a continuous period of 12 months shall be considered abandoned and a nuisance, and the owner of such facility or the landowner shall remove the same within 90 days of a receipt of notice from the City. If such facility is not removed within said 90 days, the City may remove such facility at the facility owner or landowner’s expense. If there are two or more users of a single Tower, then this provision shall not become effective until all users cease using the Tower.

P.  Unsafe Communications Facilities – Any Communications Facility which is not maintained to a suitable degree of safety and appearance (as determined by the City and any applicable code, statute, ordinance, law, regulations or standard) will be considered a nuisance and will be upgraded or removed at the owner or provider’s expense.

(History: Ord. ZRR-3274 § 4, 2020; Ord. ZRR-3134 §7, 2016; ZRR-2795 §10, 2009)

Effective on: 1/1/1901