HomeMy WebLinkAboutORD 4689CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4689
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING TITLE IV (BUILDING REGULATIONS), OF ORDINANCE
NO. 42 60 ENTITLED "CODE OF GENERAL ORDINANCES OF THE
CITY OF RENTON, WASHINGTON" BY ADDING CHAPTER 38,
WIRELESS COMMUNICATIONS FACILITIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Title IV (Building Regulations), of Ordinance
No. 4260 entitled "Code of General Ordinances of the City of
Renton, Washington" is hereby amended by replacing Chapter 38,
Wireless Communications Facilities, which reads as follows.-
CHAPTER 3 8
WIRELESS COMMUNICATIONS FACILITIES
Purpose and Intent
Definitions
Administering and Enforcing Authority
Telecommunications Act of 1996
Submittal Requirements
Permit Fees
Development Standards for Antennas-. Micro Facilities
Development Standards for Antennas: Mini Facilities
Development Standards for Antennas: Macro Facilities
Development Standards for Support Structures: Monopole
I
Development Standards for Support Structures: Monopole
II
Development Standards for Support Structures: Lattice
Towers
Additional Permit Criteria for Wireless Communication
Facilities
Conditional Use Permit Criteria
Airport Restrictions
Exemption
Obsolescence
Collocation
Radio Frequency Standards
Permit Limitations
SECTION:
4 -38 -1
4 -38 -2
4 -38 -3
4 -38 -4
4 -38 -5
4 -38 -6
4 -38 -7
4 -38 -8
4 -38 -9
4 -3 8 -10 :
4 -38 -11:
4 -38 -12 :
4 -38 -13 :
4 -38 -14 :
4 -38 -15 :
4 -38 -16:
4 -38 -17 :
4 -38 -18 :
4 -38 -19 :
4 -38 -20 :
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4-38 -21: Alternates and Modifications
4-38 -22 : Variances
4-38 -23 : Appeals
4-38 -24 : Violations and Penalties
4-38 -25 : Severability
4-38 -1: PURPOSE AND INTENT
A. Goals.
The purpose of this Chapter is to establish general
guidelines for the siting of wireless communications
facilities, including towers and antennas. The goals of
this Chapter are to:
1. Encourage the location of towers in non-residential
areas and minimize the total number of towers
throughout the community;
2. Encourage strongly the joint use of new and existing
tower sites;
3. Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse
impact on the community is minimal;
4. Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact
of the towers and antennas; and
5. Enhance the ability of the providers of
telecommunications services to provide such services to
the community quickly, effectively, and efficiently.
B. Principal or Accessory Use.
Antennas and towers may be considered either principal,
accessory or conditional uses. A different existing use or
an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot. For
purposes of determining whether the installation of a tower
or antenna complies with zoning development regulations,
including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the
dimensions of the entire lot shall control, even though the
antennas or towers may be located on leased parcels within
such lots. Towers that are constructed, and antennas that
are installed, in accordance with the provisions of this
Chapter shall not be deemed to constitute the expansion of a
nonconforming use or structure.
4-38-2: DEFINITIONS
Unless the context specifically indicates otherwise, the meaning
of terms used in this section shall be as follows:
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ORDINANCE NO.
ACCESSORY ANTENNA DEVICE: An antenna which is less than twelve
(12) inches in height or width, excluding the support structure
(examples: test mobile antennas and global positioning (GPS)
antennas).
ANTENNA: Any system of poles, panels, rods, reflecting discs or
similar devices used for the transmission or reception of radio
frequency signals. Antennas include the following types:
1. Dish antenna: see parabolic antenna.
2. Omni-directional antenna (also known as a "whip"
antenna) transmits and receives radio frequency signals
in a three hundred sixty (360) degree radial pattern,
and which is up to sixteen (16) feet in height and up
to four (4) inches in diameter.
3. Directional antenna (also known as a "panel" antenna)
transmits and receives radio frequency signals in a
specific directional pattern of less than three hundred
sixty (360) degrees.
4. Panel antenna: see directional antenna.
5. Parabolic antenna (also known as a dish antenna) is a
bowl-shaped device for the reception and/or
transmission radio frequency communications signals in
a specific directional pattern.
6. Whip antenna: see omni-directional antenna.
ADMINISTRATOR: The Administrator of the Planning/Building/Public
Works Department of the City, or any successor office with
responsibility for management of the public properties within the
City of Renton, or his/her designee.
ATTACHED WIRELESS COMMUNICATION FACILITY: A wireless
communication facility that is affixed to an existing structure,
for example, an existing building, tower, water tank, utility
pole, etc. which does not include an additional wireless
communication support structure.
COLLOCATION: The use of a single support structure and/or site
by more than one wireless communications provider.
DEPARTMENT: The Planning/Building/Public Works Department of the
City of Renton.
EQUIPMENT SHELTER OR CABINET: A room, cabinet or building used
to house equipment for utility or service providers.
FAA: The Federal Aviation Administration, which maintains
stringent regulations for the siting, building, marketing and
lighting of cellular transmission antennas near airports or
flight paths.
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FCC: The Federal Communications Commission, which regulates the
licensing and practice of wireless, wireline, television, radio
and other telecommunications entities.
GUYED TOWER: A freestanding or supported wireless communication
support structure which is usually over one. hundred (100) feet
tall, which consists of metal crossed strips or bars and is
steadied by wire guys in a radial pattern around the tower.
LATTICE TOWER: A self-supporting wireless communication support
structure which consists of metal crossed strips or bars to
support antennas and related equipment.
MACRO FACILITY: An attached wireless communication facility
which consists of antennas equal to or less than sixteen (16)
feet in height or a parabolic antenna up to one (1) meter (39.37
inches) in diameter and with an area not more than one hundred
(100) square feet as viewed from any one point.
MICRO FACILITY: An attached wireless communication facility
which consists of antennas equal to or less than six (6) feet in
height and with an area of not more than five hundred eighty
(580) square inches (e.g. one (1) foot diameter parabola or two
(2) feet x one and one half (1.5) feet panel) as viewed from any
one point. Also known as a Microcell.
MINI FACILITY: An attached wireless communication facility which
consists of antennas equal to or less than ten (10) feet in
height or a parabolic antenna up to one (1) meter (39.37 inches)
in diameter and with an area not more than fifty (50) square feet
as viewed from any one point.
MONOPOLE I: A wireless communication support structure which
consists of a freestanding support structure, less than sixty
(60) feet in height, erected to support wireless communication
antennas and connecting appurtenances.
MONOPOLE II: A wireless communication support structure which
consists of a freestanding support structure, sixty (60) feet or
greater in height, erected to support wireless communication
antennas and connecting appurtenances.
PREAPPLICATION SUBMITTAL: A map and other pertinent information
prepared in accordance with the same general requirements as the
conditional use permit submittal, but submitted prior to
conditional use permit application.
PREAPPLICATION MEETING: A conference held with a project
applicant and City representative(s) in advance of the proposed
development project application. During the conference, the City
representative(s) shall inform the applicant of applicable
policies, plans, and requirements as they apply to the proposed
development project.
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ORDINANCE NO. 4
PROVIDER: A company providing telephone or other communications
service.
RELATED EQUIPMENT: All equipment ancillary to the transmission
and reception of voice and data via radio frequencies. Such
equipment may include, but is not limited to, cable, conduit and
connectors.
RESIDENTIALLY ZONED PARCEL: Any parcel of property with one of
the following zoning designations: Resource Conservation (RC),
Residential-1 DU/AC (R-1), Residential-5 DU/AC (R-5) ,
Residential-8 DU/AC (R-8), Residential-10 DU/AC (R-10), and
Residential-14 DU/AC (R-14).
SUPPORT STRUCTURE: see Wireless Communication Support Structure.
TOWER: see Wireless Communication Support Structure.
WCF: see Wireless Communication Facility.
WIRELESS COMMUNICATION FACILITY (WCF): An unstaffed facility for
the transmission and reception of low-power radio signals usually
consisting of an equipment shelter or cabinet, a support
structure, antennas (e.g. omni-directional, panel/directional or
parabolic) and related equipment, generally contained within a
compound. For purposes of this ordinance a WCF includes
antennas, support structures and equipment shelters, either
separately or in combination.
WIRELESS COMMUNICATION SUPPORT STRUCTURE: The structure erected
to support wireless communication antennas and connecting
appurtenances. Support structure types include, but are not
limited to, stanchions, monopoles, lattice towers, wood poles or
guyed towers.
4-38-3: ADMINISTERING AND ENFORCING AUTHORITY
The Administrator and/or his/her designated representatives are
responsible for the general administration and coordination of
this Chapter.
4-38-4: TELECOMMUNICATIONS ACT OF 1996
The Federal Telecommunications Act of 1996 requires the City to
comply with the following conditions.
A. The City zoning requirements may not unreasonably
discriminate among wireless telecommunication providers that
compete against one another.
B. The City zoning requirements may not prohibit or have the
effect of prohibiting the provision of wireless
telecommunications service.
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ORDINANCE NO.
C. The City must act within a reasonable period of time on
requests for permission to place or construct wireless
telecommunications facilities.
D. A decision by the City denying a request for permission to
install or construct wireless telecommunications facilities
must be in writing and must be based on evidence in a
written record.
E. If a wireless telecommunications facility meets technical
emissions standards set by the FCC, it is presumed safe.
The City may not deny a request to construct a facility on
grounds that its radio frequency emissions would be harmful
to the environment or the health of residents if those
emissions meet FCC standards.
4-3 8-5: SUBMITTAL REQUIREMENTS
A. Preapplication Plan Review: For permitted uses, the
applicant may choose to submit a preliminary sketch (five
copies) for preliminary staff review prior to submittal of
the application. For conditional use permit applications,
the applicant shall submit a preliminary sketch (five
copies) for preliminary staff review prior to submittal of
the application. The staff shall review this map within
fourteen (14) working days and inform applicant of any
preliminary concerns and recommendations for revisions at a
scheduled preapplication meeting. The staff shall also
indicate where photosimulations will be required for the
application submittal, and may choose to waive submittal
requirements for the conditional use permit when deemed
appropriate. This shall not preclude the staff from making
further recommendations at the application stage.
B. Conditional Use Permit and SEPA Review: In addition to the
information listed for a conditional use permit application
in Section 4-36-4, the following items shall be required for
a Wireless Communications Facility conditional use permit
application. The following information shall also be
required as part of a SEPA review application for a
permitted use subject to SEPA review:
1. Map of View Area: A diagram or map depicting where
within a one quarter (1/4) mile radius any portion of
the proposed facility could be seen.
2. Photosimulations: Photosimulations of the proposed
facility from affected residential properties and
public rights-of-way at varying distances. A diagram
or depicting where the photosimulations were taken
shall also be included with the application.
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ORDINANCE NO.
3. Service Area: A map showing the service area of the
proposed WCF and an explanation of the need for that
facility.
4. Inventory of Existing Sites: An inventory of the
provider's existing facilities with the Renton city
corporate limits, and any other facilities outside the
city limits that are within one-half (1/2) mile of the
proposed facility. The inventory is to include
specific information about the location, height, and
design of each facility. The Department may share such
information with other applicants applying for
administrative approvals or conditional use permits
under this Chapter or other organizations seeking to
locate antennas within the City, provided, however that
the Department is not, by sharing such information, in
any way representing or warranting that such sites are
available or suitable.
5. Site Plan: A site/landscaping plan showing the
specific placement of the WCF on the site; showing the
location of existing structures, trees, and other
significant site features to be retained; and
indicating type and locations of existing and new plant
materials used to screen WCF components and the
proposed color(s) for the WCF.
6. Applicant Agreement Statement: A signed notarized
statement indicating:
a. The applicant agrees to allow for the potential
collocation of additional WCF equipment by other
providers on the applicant's structure or within
the same site location; and
b. The applicant agrees to remove the facility within
six (6) months after that site's use is
discontinued or if the facility falls into
disrepair, and restore the site to its pre-
existing condition. If there are two or more
users of a single WCF, then this provision shall
not become effective until all users cease using
the WCF.
7. Draft Lease Agreement: A draft lease agreement with
the landholder, or separate equivalent documentation
that:
a. Allows the landholder to enter into leases with
other providers; and
b. Specifies that if the provider fails to remove the
facility upon six (6) months of its discontinued
use, the responsibility for removal falls upon the
landholder.
Building Permit for Permitted Uses: When the proposed
Wireless Communications Facility is a permitted use, the
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ORDINANCE NO.
following items shall be required with the building permit
application, in addition to the items listed is Section 4-
36-4.
1. Service Area: A map showing the service area of the
proposed WCF and an explanation of the need for that
facility.
2. Inventory of Existing Sites: An inventory of the
provider's existing facilities with the Renton city
corporate limits, and any other facilities outside the
city limits that are within one-half (1/2) mile of the
proposed facility. The inventory is to include
specific information about the location, height, and
design of each facility. The Department may share such
information with other applicants applying for
administrative approvals or conditional use permits
under this Chapter or other organizations seeking to
locate antennas within the City, provided, however that
the Department is not, by sharing such information, in
any way representing or warranting that such sites are
available or suitable.
3. Site Plan: A site/landscaping plan showing the
specific placement of the WCF on the site; showing the
location of existing structures, trees, and other
significant site features to be retained; and
indicating type and locations of existing and new plant
materials used to screen WCF components and the
proposed color(s) for the WCF.
4. Applicant Agreement Statement: A signed notarized
statement indicating:
a. The applicant agrees to allow for the potential
collocation of additional WCF equipment by other
providers on the applicant's structure or within
the same site location; and
b. That the applicant agrees to remove the facility
within six (6) months after that site's use is
discontinued or if the facility falls into
disrepair, and restore the site to its pre-
existing condition. If there are two or more
users of a single WCF, then this provision shall
not become effective until all users cease using
the WCF.
5. Draft Lease Agreement: A draft lease agreement with
the landholder, or separate equivalent documentation
that:
a. Allows the landholder to enter into leases with
other providers; and
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ORDINANCE NO.
b. Specifies that if the provider fails to remove the
facility upon six (6) months of its discontinued
use, the responsibility for removal falls upon the
landholder.
4-38-6: PERMIT FEES
The Department shall be responsible for the permitting,
inspection and acceptance of all improvements listed in this
Chapter, and shall make charge therefore to the applicant. The
charges are listed in the Fee Schedule, Chapter 1, Title V of
City Code.
4-38-7: DEVELOPMENT STANDARDS FOR ANTENNAS: MICRO FACILITIES
A. Definition: MICRO FACILITY: MICRO FACILITY: An attached
wireless communication facility which consists of antennas
equal to or less than six(6) feet in height and with an area
of not more than five hundred eighty (580) square inches
(e.g. one (1) foot diameter parabola or two (2) feet x one
and one half (1.5) feet panel) as viewed from any one point.
Also known as a Microcell.
B. Permitted Use: Micro Facilities are a primary permitted use
in all zones.
C. Location on Building: A Micro Facility shall be located on
existing buildings, poles or other existing support
structures. A Micro Facility may locate on buildings and
structures provided that the interior wall or ceiling
immediately adjacent to the facility is not designated
residential space.
D. Height: Micro Facilities shall comply with the height
limitation specified for all zones except as follows: Micro
Facilities may exceed the height limitation by six(6) feet,
or in the case of existing structures the antennas may
extend six (6) feet above the existing structure. Placement
of an antenna on a nonconforming structure shall not be
considered to be an expansion of the nonconforming
structure.
E. Color: A Micro Facility shall be same color as the existing
building, pole or support structure on which it is proposed
to be located.
4-38-8: DEVELOPMENT STANDARDS FOR ANTENNAS: MINI FACILITIES
A. Definition: MINI FACILITY: An attached wireless
communication facility which consists of antennas equal to
or less than ten (10) feet in height or a parabolic antenna
up to one (1) meter (39.37 inches) in diameter and with an
area not more than fifty (50) square feet as viewed from any
one point.
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ORDINANCE NO.
B. Permitted Use or Administrative Conditional Use Permit:
Mini Facilities are a primary permitted use in the Resource
Conservation (RC), Residential-1 DU/AC (R-1), Residential-5
DU/AC (R-5), Residential-8 DU/AC (R-8), Residential-10 DU/AC
(R-10), and Residential-14 DU/AC (R-14) zones, provided that
the site is over one (1) acre in size, and the facility has
minimum setbacks of one hundred feet (100) feet from any
adjacent residentialiy zoned parcel. Mini Facilities may be
allowed with an administrative conditional use in these
zones if the site is under one (1) acre or the setbacks are
less than one hundred (100) feet from any adjacent
residentialiy zoned parcel. Mini Facilities are a primary
permitted use in all other zones if the facility has a
minimum setback of one hundred (100) feet from any
residentialiy zoned parcel. Mini Facilities may be allowed
with an administrative conditional use in these zones if the
setbacks are less than one hundred (100) feet from any
adjacent residentialiy zoned parcel.
C. Location on Buildings: A Mini Facility may be located on
buildings and structures provided that the immediate
interior wall or ceiling adjacent to the facility is not a
designated residential space.
D. Color: A Mini Facility shall be the same color as the
existing building, pole or support structure on which it is
proposed to be located.
E. Height: Mini Facilities shall comply with the height
limitation specified for all zones except as follows: Mini
Facilities may exceed the height limitation by ten (10)
feet, or in the case of existing structures the antennas may
extend ten (10) feet above the existing structure.
Placement of an antenna on a nonconforming structure shall
not be considered to be an expansion of the nonconforming
structure.
4-38-9: DEVELOPMENT STANDARDS FOR ANTENNAS: MACRO FACILITIES
A. Definition: MACRO FACILITY: An attached wireless
communication facility which consists of antennas equal to
or less than sixteen (16) feet in height or a parabolic
antenna up to one (1) meter (39.37 inches) in diameter and
with an area not more than one hundred (100) square feet as
viewed from any one point.
B. Administrative Conditional Use Permit/Permitted Use: Macro
Facilities may be allowed with an administrative conditional
use permit in the Resource Conservation (RC), Residential-1
DU/AC (R-1), Residential-5 DU/AC (R-5), Residential-8 DU/AC
(R-8), Residential-10 DU/AC (R-10), and Residential-14 DU/AC
(R-14) zones, provided that the site is over one (1) acre in
size, and the facility has minimum setbacks of one hundred
(100) feet from any adjacent residentialiy zoned parcel.
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ORDINANCE NO.
4689
Macro Facilities may be allowed with a Hearing Examiner
conditional use in these zones if the site is under one (1)
acre or the setbacks are less than one hundred (100) feet
from any adjacent residentialiy zoned parcel. Macro
Facilities are a primary permitted use in all other zones if
the setback for the facility is a minimum of one hundred
(100) feet from any adjacent residentialiy zoned parcel.
Macro Facilities may be allowed with an administrative
conditional use permit in these zones if the setback is less
than one hundred (100) feet from any adjacent residentialiy
zoned parcel.
C. Location on Building: A Macro Facility may be located on
buildings and structures provided that the immediate
interior wall or ceiling adjacent to the facility is not a
designated residential space.
D. Color: A Macro Facility shall be the same color as the
existing building, pole or support structure on which it is
proposed to be located.
E. Height: Macro Facilities shall comply with the height
limitation specified for all zones except as follows: Macro
Facilities may exceed the height limitation by sixteen (16)
feet, or in the case of existing structures the antennas may
extend sixteen (16) feet above the existing structure.
Placement of an antenna on a nonconforming structure shall
not be considered to be an expansion of the nonconforming
structure.
4-3 8-10: DEVELOPMENT STANDARDS FOR SUPPORT STRUCTURES: MONOPOLE I
A. Definition: MONOPOLE I: A wireless communication support
structure which consists of a freestanding support
structure, less than sixty (60) feet in height, erected to
support wireless communication antennas and connecting
appurtenances.
B. Hearing Examiner Conditional Use Permit: Monopole I
Facilities may be allowed with a Hearing Examiner
conditional use permit in the Resource Conservation (RC) ,
Residential-1 DU/AC (R-1), Residential-5 DU/AC (R-5),
Residential-8 DU/AC (R-8), Residential-10 DU/AC (R-10), and
Residential-14 DU/AC (R-14) zones, provided that the site is
over one (1) acre in size, and the facility has minimum
setbacks of one hundred (100) feet from any adjacent
residentialiy zoned parcel. Monopole I Facilities are
prohibited in the Resource Conservation (RC), Residential-1
DU/AC (R-1), Residential-5 DU/AC (R-5), Residential-8 DU/AC
(R-8), Residential-10 DU/AC (R-10), and Residential-14 DU/AC
(R-14) zones if the site is less than one (1) acre in size,
or has minimum setbacks of less than one hundred (100) feet
from any adjacent residentialiy zoned property.
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ORDINANCE NO.
C. Administrative Conditional Use Permit: Monopole I
Facilities may be allowed with an Administrative conditional
use permit in the Residential Multi-Family (RM), Center
Neighborhood (CN), Center Downtown (CD), Center Suburban
(CS), Center Office Residential (COR) and Convenience
Commercial (CC) zones if the facility has minimum setbacks
of one hundred (100) feet from any adjacent residentialiy
zoned parcel. Monopole I Facilities may be allowed with a
Hearing Examiner conditional use permit in the Residential
Multi-Family (RM), Center Neighborhood (CN), Center Downtown
(CD), Center Suburban (CS), Center Office Residential (COR)
and Convenience Commercial (CC) zones if the minimum
setbacks are less than one hundred (100) feet from any
adjacent residentialiy zoned property.
D. Permitted Use: Monopole I Facilities are a primary
permitted use in the Commercial Arterial (CA), Commercial
Office (CO), Light Industrial (IL), Medium Industrial (IM)
and Heavy Industrial (IH) zones if the facility has minimum
setbacks of one hundred (100) feet from any adjacent
residentialiy zoned parcel. Monopole I Facilities may be
allowed with an administrative conditional use permit in the
Commercial Arterial (CA), Commercial Office (CO), Light
Industrial (IL), Medium Industrial (IM) and Heavy Industrial
(IH) zones if the minimum setbacks are less than one hundred
(100) feet from any adjacent residentialiy zoned property.
E. Maximum Height: The maximum permitted height for a Monopole
I Facility shall, be less than sixty (60) feet for all
permitted zones.
F. Antenna Height: Antennas equal to or less than fifteen (15)
feet in height or up to four (4) inches in diameter may be a
component of a Monopole I Facility. Antennas which extend
above the wireless communications support structure shall
not be calculated as part of the height of the Monopole I
wireless communications support structure. For example, the
maximum height for a Monopole I shall be sixty (60) feet and
maximum height of antennas which may be installed on the
support structure could be fifteen (15) feet, making the
maximum permitted height of the support structure and
antennas seventy-five (75) feet (sixty (60) feet plus
fifteen (15) feet).
G. Antennas: Macro facilities are the largest attached
wireless communication facilities allowed on a Monopole I
Facility.
H. Landscaping: Monopole I Facilities shall be landscaped in
conformance with City Code Section 4-31-34, Landscaping. A
minimum landscaping area of fifteen (15) feet shall be
required surrounding the facility, or equivalent screening
as approved by the Administrator. Landscaping shall include
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ORDINANCE NO. 46
trees, shrubs and ground cover. The required landscaped
areas shall include an irrigation system.
4-38-11: DEVELOPMENT STANDARDS FOR SUPPORT STRUCTURES: MONOPOLE
II
A. Definition: MONOPOLE II: A wireless communication support
structure which consists of a freestanding support
structure, sixty (60) feet or greater in height, erected to
support wireless communication antennas and connecting
appurtenances.
B. Prohibited Zones: Monopole II Facilities are prohibited in
the Resource Conservation (RC), Residential-1 DU/AC (R-1),
Residential-5 DU/AC (R-5), Residential-8 DU/AC (R-8),
Residential-10 DU/AC (R-10), and Residential-14 DU/AC (R-14)
zones.
C. Hearing Examiner Conditional Use Permit: Monopole II
Facilities may be allowed with a Hearing Examiner
conditional use permit in the Residential Multi-Family (RM) ,
Center Neighborhood (CN), Center Suburban (CS), Center
Downtown (CD), Center Office Residential (COR) and
Convenience Commercial (CC) zones. Monopole II Facilities
are prohibited in these zones if located within three
hundred (300) feet of a Resource Conservation (RC),
Residential-1 DU/AC (R-1), Residential-5 DU/AC (R-5),
Residential-8 DU/AC (R-8), Residential-10 DU/AC (R-10) or
Residential-14 DU/AC (R-14) zone, unless the Monopole II
Facility is to be constructed on property where wireless
communication support structures presently operate, and the
new Monopole II Facility will not exceed the height of the
existing support structures.
D. Administrative Conditional Use Permit: Monopole II
Facilities may be allowed with an administrative conditional
use permit in the Commercial Arterial (CA), Commercial
Office (CO), Light Industrial (IL), Medium Industrial (IM)
and Heavy Industrial (IH) zones. Monopole II Facilities are
prohibited in these zones if located within three hundred
(300) feet of a Resource Conservation (RC) , Residential-1
DU/AC (R-1), Residential-5 DU/AC (R-5), Residential-8 DU/AC
(R-8), Residential-10 DU/AC (R-10) or Residential-14 DU/AC
(R-14) zone.
E. Height: The maximum permitted height for a Monopole II
Facility shall be thirty-five (35) feet higher than the
regular permitted maximum height for the applicable zoning
district, or one hundred fifty (150) feet, whichever is
less.
F. Antennas: Macro Facilities are the largest permitted
attached wireless communication facilities allowed on a
Monopole II facility. Antennas which extend above the
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ORDINANCE NO. 46
Monopole II wireless communications support structure shall
not be calculated as part of the height of the wireless
communications support structure. For example, the maximum
height for a Monopole II facility shall be one hundred fifty
(150) feet and the maximum height of antennas which may be
installed on the support structure could be fifteen (15)
feet, making the maximum permitted height of the support
structure and antennas one hundred sixty-five (165) feet
(one hundred fifty (150) feet plus fifteen (15) feet).
G. Landscaping: Monopole II Facilities shall be landscaped in
conformance with City Code Section 4-31-34, Landscaping. A
minimum landscaping area of fifteen (15) feet shall be
required surrounding the facility, or equivalent screening
as approved by the Administrator. Landscaping shall include
trees, shrubs and ground cover. The required landscaped
areas shall include an irrigation system.
4-38-12: DEVELOPMENT STANDARDS FOR SUPPORT STRUCTURES: LATTICE
TOWERS
A. Definition: LATTICE TOWER: A self-supporting wireless
communication support structure which consists of metal
crossed strips or bars to support antennas and related
equipment.
B. Prohibited Zones: Lattice Towers are prohibited in the
Resource Conservation (RC), Residential-1 DU/AC (R-1),
Residential-5 DU/AC (R-5), Residential-8 DU/AC (R-8) ,
Residential-10 DU/AC (R-10), and Residential-14 DU/AC (R-14)
zones.
C. Hearing Examiner Conditional Use Permit: Lattice Towers may
be allowed with a Hearing Examiner conditional use permit in
the Residential Multi-Family (RM), Center Neighborhood (CN),
Center Downtown (CD), Center Suburban (CS), Center Office
Residential (COR) and Convenience Commercial (CC) zones.
Lattice Towers are prohibited in these zones if located
within three hundred (300) feet of a Resource Conservation
(RC) , Residential-1 DU/AC (R-1), Residential-5 DU/AC (R-5),
Residential-8 DU/AC (R-8), Residential-10 DU/AC (R-10) or
Residential-14 DU/AC (R-14) zone.
D. Administrative Conditional Use Permit: Lattice Towers may
be allowed with an administrative conditional use permit in
the Commercial Arterial (CA), Commercial Office (CO), Light
Industrial (IL), Medium Industrial (IM) and Heavy Industrial
(IH) zones. Lattice Towers are prohibited in these zones if
located within three hundred (300) feet of a Resource
Conservation (RC), Residential-1 DU/AC (R-1), Residential-5
DU/AC (R-5), Residential-8 DU/AC (R-8), Residential-10 DU/AC
(R-10) or Residential-14 DU/AC (R-14) zone.
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ORDINANCE NO.
E. Height: The maximum permitted height for a Lattice Towers
shall be thirty-five (35) feet higher than the regular
permitted maximum height for the applicable zoning district,
or one hundred fifty (150) feet, whichever is less.
F. Antennas: Macro Facilities are the largest permitted
attached wireless communication facilities allowed on a
Lattice Towers. Antennas which extend above the Lattice
Towers wireless communications support structure shall not
be calculated as part of the height of the wireless
communications support structure. For example, the maximum
height for a Lattice Towers shall be one hundred fifty (150)
feet and the maximum height of antennas which may be
installed on the support structure could be fifteen (15)
feet, making the maximum permitted height of the support
structure and antennas one hundred sixty-five (165) feet
(one hundred fifty (150) feet plus fifteen (15) feet).
G. Landscaping: Lattice Towers shall be landscaped in
conformance with City Code Section 4-31-34, Landscaping. A
minimum landscaping area of fifteen (15) feet shall be
required surrounding the facility, or equivalent screening
as approved by the Administrator. Landscaping shall include
trees, shrubs and ground cover. The required landscaped
areas shall include an irrigation system.
4-38-13: ADDITIONAL PERMIT CRITERIA FOR WIRELESS COMMUNICATIONS
FACILITIES
The following criteria shall be met before a building permit can
be granted:
A. Visual Impact
1. Antenna Height: Antennas may not extend more than
fifteen (15) feet above their supporting structure,
monopole, lattice tower, building or other structure.
2. Existing Character: Site location and development
shall preserve the preexisting character of the
surrounding buildings and land uses and the zone
district to the extent consistent with the function of
the communications equipment. Wireless communication
towers shall be integrated through location and design
to blend in with the existing characteristics of the
site to the extent practical. Existing on-site
vegetation shall be preserved or improved, and
disturbance of the existing topography shall be
minimized, unless such disturbance would result in less
visual impact of the site to the surrounding area.
3. Screening of Equipment Shelters and Cabinets:
Accessory equipment facilities used to house wireless
communications equipment should be located within
buildings or placed underground when possible. When
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ORDINANCE NO.
4689
they cannot be located in buildings, equipment shelters
or cabinets shall be fenced, screened and landscaped to
screen views from adjacent residential or commercial
zoned properties. Any landscaping shall be in
conformance with City Code Section 4-31-34,
Landscaping. Accessory equipment facilities located on
the roof of any building shall be enclosed so as to be
shielded from view.
4. Exposed Metal Surfaces: Accessory equipment facilities
may not be enclosed with exposed metal surfaces.
B. Noise Levels: No equipment shall be operated so as to
produce noise in levels above forty-five (45) dB as measured
from the nearest property line on which the attached
wireless communication facility is located. Operation of a
back-up power generator in the event of power failure or the
testing of a back-up generator between 8 a.m. and 9 p.m. are
exempt from this standard. No testing of back-up power
generators shall occur between the hours of 9 p.m. and 8
a.m.
C. Fencing: Security fencing, if used, shall be painted or
coated with a nonreflective color. Fencing shall comply
with the requirements listed in City Code 4-31-15(C), Fences
and Hedges.
D. Lighting: Towers shall not be artificially lighted, unless
required by the FAA or other applicable 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 views.
Security lighting for the equipment shelters or cabinets and
other on-the-ground ancillary equipment is also permitted,
as long as it is appropriately down shielded to keep light
within the boundaries of the site.
E. Advertising: No lettering, symbols, images, or trademarks
large enough to be legible to occupants of vehicular traffic
on any adjacent roadway shall be placed on or affixed to any
part of a telecommunications tower, antenna array or
antenna, other than as required by FCC regulations regarding
tower registration or other applicable law. Antenna arrays
may be located on previously approved signs or billboards
without alteration of the existing advertising or sign.
F. Building Standards: Wireless Communication Support
Structures shall be constructed so as to meet or exceed the
most recent Electronic Industries
Association/Telecommunications Industries Association
(EIA/TIA) 222 Revision F Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or
amended. Prior to issuance of a building permit the
building official shall be provided with an engineer's
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4689
ORDINANCE NO.
certification that the support structure's design meets or
exceeds those standards.
4-38-14: CONDITIONAL USE PERMIT REVIEW CRITERIA
A. Applicability: The governing authority may grant, with or
without conditions, or deny the requested conditional use
permit. The governing authority may limit the term and
duration of the conditional use permit. Conditions imposed
by the governing authority shall reasonably assure that
nuisance or hazard to life or property will not develop.
B. Conditional Use Criteria: The governing authority shall
consider the following factors in determining whether to
issue a conditional use permit, although the governing
authority may waive or reduce the burden on the applicant of
one or more of these criteria if the governing authority,
concludes that the goals of this ordinance are better served
thereby.
1. Height of the proposed tower.
2. Proximity of the tower to residential structures and
residential district boundaries.
3. Nature of uses on adjacent and nearby properties.
4. Surrounding topography.
5. Surrounding tree coverage and foliage.
6. Design of the tower, with particular reference to
design characteristics that have the effect of reducing
or eliminating visual obtrusiveness.
7. Proposed ingress and egress.
8. Potential noise, light and glare impacts.
9. Availability of suitable existing towers and other
structures.
10. Compatibility with the general purpose, goals,
objectives and standards of the Comprehensive Plan, the
Zoning Ordinance and any other plan, program, map or
ordinance of the City.
4-38-15: AIRPORT RESTRICTIONS
A. Airport Regulations: All wireless communications facilities
and attached wireless communications facilities must comply
with the Airport Zoning regulations, as listed in City Code
4-31-17.
B. Notice to FAA: A Notice of Proposed Construction shall be
submitted to the FAA a minimum of thirty (3 0) days prior to
the issuance of any building permit for any wireless
communications support structure or attached wireless
communications facilities.
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ORDINANCE NO. 46
4-38-16: EXEMPTION
A. Exemptions from Conditional Use Permit: The following are
exempt from the requirement of a conditional use permit, and
shall be considered a permitted use in all zones where
attached wireless communications facilities are permitted:
Minor modifications of existing wireless communications
facilities, whether emergency or routine, so long as there
is little or no change in the visual appearance, as
determined by the Administrator.
B. Amateur Radio, Receive Only Antennas: This Chapter shall
not govern any tower, or installation of any antenna, that
is under seventy (70) feet in height and is owned and
operated by a federally licensed amateur radio station
operator or is used exclusively for receive only antennas.
4-38-17: OBSOLESCENCE
Any wireless communications facility or attached wireless
communications facility that is no longer needed and its use is
discontinued shall be reported immediately by service provider to
the Administrator. The use of the site is not discontinued until
the last service provider using the facility ceases use of the
facility. Discontinued facilities shall be decommissioned and
removed by the facility owner within six (6) months of the date
it ceases to be operational or if the facility falls into
disrepair, and the site restored to its pre-existing condition.
The Administrator may approve an extension of an additional six
(6) months if good cause is demonstrated by the facility owner.
4-38-18: COLLOCATION
A. Availability of Suitable Existing Towers or Other
Structures: No new wireless communications support
structure shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the governing
authority that no existing tower or structure can
accommodate the applicant's proposed antenna. Evidence
submitted to demonstrate that no existing tower or structure
can accommodate the applicant's proposed antenna may consist
of any of the following:
1. No existing towers or structures are located within the
geographic area required to meet applicant's
engineering requirements.
2. Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
3. Existing towers or structures do not have sufficient
structural strength to support applicant's proposed
antenna and related equipment.
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ORDINANCE NO.
4. The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the
existing towers or structures, or the antenna on the
existing towers or structures would cause interference
with the applicant's proposed antenna.
5. The fees, costs, or contractual provisions required by
the owner in order to share an existing tower or
structure or to adapt an existing tower or structure
for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other
limiting factors that render existing towers and
structures unsuitable.
B. Cooperation in Collocation Efforts: A permittee shall
cooperate with other WCF providers in collocating additional
antennas on support structures and/or on existing buildings
provided said proposed collocators have received a building
permit for such use at said site from the City. A permittee
shall exercise good faith in collocating with other
providers and sharing the permitted site, provided such
shared use does not give rise to a substantial technical
level of impairment of the ability to provide the permitted
use (i.e., a significant interference in broadcast or
reception capabilities as opposed to a competitive conflict
or financial burden). Such good faith shall include sharing
technical information to evaluate the feasibility of
collocation. In the event a dispute arises as to whether a
permittee has exercised good faith in accommodating other
users, the City may require a third party technical study at
the expense of either or both the applicant and permittee.
C. Reasonable Efforts: All applicants shall demonstrate
reasonable efforts in developing a collocation alternative
for their proposal.
4-38-19: RADIO FREQUENCY STANDARDS
A. Verification of Compliance: The applicant shall comply with
Federal FCC standards for radio frequency emissions. Within
sixty (60) days after the issuance of its building permit,
the applicant shall submit to the Administrator a project
implementation report which provides cumulative field
measurements of radio frequency emissions of all antennas
installed at the subject site and compares the results with
established Federal standards. Said report shall be subject
to review and approval of the Administrator for consistency
with Federal standards. If on review, the City finds that
the WCF does not meet Federal standards, the City may revoke
or modify the permit.
B. Interference with Local TV or Radio: The applicant shall
ensure that the WCF will not cause localized interference
19
ORDINANCE NO.
with the reception of area television or radio broadcasts.
If on review the City finds that the WCF interferes with
such reception, and if such interference is not remedied
within thirty (3 0) days, the city may revoke or modify this
permit.
4-38-20: PERMIT LIMITATIONS
A. Maintenance: The applicant shall maintain the WCF to
standards that may be imposed by the City at the time of the
granting of a permit. Such maintenance shall include, but
shall not be limited to, maintenance of the paint,
structural integrity and landscaping. If the applicant
fails to maintain the facility, the City may undertake the
maintenance at the expense of the applicant or terminate the
permit, at its sole option.
B. Change of Ownership: The applicant shall notify the
Department of all changes in ownership or operation of the
facility within sixty (60) days of the change.
4-38-21: ALTERNATES AND MODIFICATIONS
A. Alternates: The provisions of this Chapter are not intended
to prevent the use of any material or method of construction
not specifically prescribed by this Chapter, provided any
alternate has been approved and its use authorized by the
Administrator or his/her designee.
The Administrator may approve any such alternate, provided
he/she finds that the proposed design and/or methodology is
satisfactory and complies with the provisions of this
Chapter and that the material, method or work offered is,
for the purpose intended, at least the equivalent of that
prescribed in this Chapter in suitability, strength,
effectiveness, durability, safety, maintainability and
environmental protection.
The Administrator may require that sufficient evidence or
proof be submitted to substantiate any claims that may be
made regarding its use.
B. Modifications: Whenever there are practical difficulties
involved in carrying out the provisions of this Chapter, the
Administrator may grant modifications for individual cases
provided she/he shall first find that a special individual
reason makes the strict letter of this Chapter impractical,
that the modification is in conformity with the intent and
purpose of this Chapter, and that such modification:
1. Will meet the objectives and safety, function,
environmental protection and maintainability intended
by the requirements of this Chapter, based upon sound
engineering judgment.
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ORDINANCE NO. 4689
2. Will not be injurious to other property (s) in the
vicinity.
4-3 8-22: VARIANCES
A. Variance Requirements: A variance from the requirements of
this ordinance may be approved by the Hearing Examiner when
undue hardship may be created as a result of strict
compliance with the provisions of this ordinance. In
recommending or approving any variance, the Hearing Examiner
may prescribe conditions that he/she deems necessary to or
desirable for the public interest. No variance shall be
approved or recommended unless the Hearing Examiner finds:
1. That there are special physical circumstances or
conditions affecting said property such that the strict
application of the provisions of this ordinance would
deprive the applicant of the reasonable use or
development of his land; and
2. That the variance is necessary to insure such property
the rights and privileges enjoyed by other properties
in the vicinity and under similar circumstances; and
3. That the granting of the variance will not be
detrimental to the public welfare or injurious to other
property in the vicinity.
B. Applications Required: Application for any variance shall
be submitted in writing by the applicant at the time the
permit application is submitted to the Department. The
application shall state fully all substantiating facts and
evidence pertinent to the request.
C. Variance Fees: The appropriate fees shall be paid at time
of application as required in City Code Section 5-1-1.
4-38-23: APPEALS
Any decision made in the administrative process described in this
Chapter may be appealed pursuant to Section 4-8-11 of this Title.
Any appellant must be seeking to protect an interest that is
arguably within the zone of interest to be protected or regulated
by this chapter, must allege an injury in fact, and that injury
must be real and present rather than speculative.
4-38-24: VIOLATIONS AND PENALTIES
Violations of the provisions of this Chapter will be a civil
infraction and punishable under Chapter 33, Title IV of the City
Code.
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ORDINANCE NO. 4689
4-38-25: SEVERABILITY
If any provision of this Chapter or its application to any person
or property is held invalid by a court of competent jurisdiction,
the remainder of the Chapter or the application of the provision
to other persons or circumstances shall not be affected.
SECTION II. This ordinance shall be effective upon its
passage, approval, and thirty days after its publication.
PASSED BY THE CITY COUNCIL this 24th day of November ,
1997 .
Petersen, City Clerk
APPROVED BY THE MAYOR this 24th day of November
1997 .
Lawrence J. Warren, City Attorney
Date of Publication: November 28, 1997
ORD.684:11/10/97:as.
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