§ 22.30.180. Communications Facilities.

The requirements of this Section apply to communications transmission and receiving facilities in addition to all applicable permit requirements and standards of the Federal Communications Commission (FCC) and any other applicable Federal or State statutes or regulations. Communications facilities in the Residential Suburban, Single- and Multi-Family land use categories shall be limited to those specified in Subsection C.

A.

Permit requirements. In addition to the emergency repair and the general permit requirement of Sections 22.30.360.A and B., Conditional Use Permit approval is required for any new facility or modification of any existing facility that would increase the power output or the power received, or the structure heights above those specified in Section 22.10.090, or modify any operational standards causing a change in exterior noise, vibrations, air quality, water quality or storage and use of toxic and hazardous materials as specified in Article 3.

B.

Application content. The application for a land use permit shall contain estimates of the non-ionizing radiation generated by the facility and/or received by the facility. These shall include estimates of the maximum electric and magnetic field strengths at the edge of the facility site and the extent that measurable fields extend in all directions from the facility.

C.

Wireless communication facilities.

1.

Permit requirements.

a.

Minor Use Permit. Minor Use Permit approval is required for the following wireless communications facilities:

(1)

Existing Structures. Installation proposed on existing structures (buildings, water tanks, signs etc.), existing electric transmission towers, or any other applicable existing structure; and

(2)

Co-location. Wireless communication system antennas or other similar equipment that share locations with their own or other carriers' antennas either on existing monopoles, existing structures (buildings, water tanks, signs etc.), existing electric transmission towers, existing lattice towers or any other existing structures.

b.

Conditional Use Permit. Conditional Use Permit approval is required for any wireless communication antenna or other similar equipment not in compliance with Subsection C.1.a.

2.

Application contents. In addition to all information required by Chapter 22.60 and Section 22.30.360.B, the applicant shall submit the following information:

a.

Information on the proposed rights-of-way, including width, ownership, present land use, slope, soils and vegetation, types of sizes of towers or other structures to be used, proposed screening or other method of finishing so as to be unobtrusive to the neighborhood in which it is located.

b.

If co-location is not proposed, the applicant shall provide information pertaining to the feasibility of joint-use antenna facilities, and discuss the reasons why such joint use is not a viable option or alternative to a new facility site. The information shall include:

(1)

Whether it is feasible to locate proposed sites where facilities currently exist;

(2)

Information on the existing structure which is closest to the site of the applicant's proposed tower relative to the existing structure's structural capacity, radio frequency interference, or incompatibility of different technologies, which would include mechanical or electrical incompatibilities; and

(3)

Written notification of refusal of the existing structure owner to lease space on the structure.

3.

Development standards. The following standards apply to the development of proposed wireless communication system antenna and related facilities in addition to any that may be established during the permit review process.

a.

Setbacks. As set forth in Section 22.10.140, except where locating the facility outside those setbacks is the most practical and unobtrusive location possible on the proposed site.

b.

Location. The applicant shall pursue placement of facilities in the following preferential order:

(1)

Side-mount antenna on existing structures (buildings, water tanks, etc.) when integrated into the existing structure, completely hidden from public view or painted and blended to match existing structures; or

(2)

Within existing signs when blended within or on existing signage to be completely hidden from public view; or

(3)

Atop existing structures (buildings, water tanks, etc.) with appropriate visual/architectural screening to be completely hidden from public view; or

(4)

Existing monopoles, existing electric transmission towers, and existing lattice towers; or

(5)

New locations.

c.

Signs. No sign of any kind shall be posted or displayed on any antenna structure except for public safety warnings.

d.

Screening. All facilities shall be screened with vegetation or landscaping. Where screening with vegetation is not feasible, the facilities shall be disguised to resemble rural, pastoral architecture (ex: windmills, barns, trees) or other features determined to blend with the surrounding area and be finished in a texture and color deemed unobtrusive to the neighborhood in which it is located.

e.

Availability. All existing facilities shall be available to other carriers as long as structural or technological obstacles do not exist.

4.

Unused facilities. All obsolete or unused facilities shall be removed within 12 months of cessation of telecommunication operations at the site.

[Added 1990, Ord. 2444; amended 1999, Ord. 2884] [22.08.284]