Chapter 19.136 — WIRELESS COMMUNICATIONS FACILITIES 

This chapter establishes regulations pertaining to the location, siting, development, design and permitting of wireless communications facilities for all zones existing in this City in order to:

Facilitate the development of a wireless communications infrastructure in the City for commercial, public and emergency uses, and Protect the health, safety, welfare and aesthetic concerns of the public.

(Ord. 2085, § 2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992)

This chapter shall apply to all types of aerials and associated facilities used for wireless communications, that is, the transmitting and/or receiving of voice, data, video images and other information through the air via signals in the radio and microwave frequency band. This includes aerials for amateur radio, television, wireless modems, cellular phones, enhanced specialized mobile radio (ESMR), personal communications services (PCS), paging systems, satellite communications and other wireless communication technologies utilizing signals in the radio and microwave frequency band. No wireless communication facility: antennas, masts, towers and associated equipment shall be hereafter erected, structurally altered or enlarged other than in conformance with the provisions of this chapter and other applicable provisions of this title.

(Ord. 2085, § 2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996; Ord. 1601, Exh. A (part), 1992)

Residential and Home Occupation Aerials.

Aerials intended for the private use of onsite residents and guests and for home occupation purposes are allowed on all residentially zoned and used properties.

Commercial, Office, Industrial, Public Utility Aerials.

Aerials intended for commercial, office, industrial and public use are prohibited on residentially zoned and used properties, except the RHS zoning district. Aerials may also be allowed on common-interest areas of residential or mixeduse planned development zoned properties subject to homeowner association approval, in accord with the permit requirements of Section 19.136.080.

Such aerials may be allowed in all other zoning districts pursuant to permitting procedures established under Section 19.136.080.

Such aerials are allowed on utility poles and towers, regardless of the zoning district, as long as the aerial complies with Section 19.136.070(C).

(Ord. 2085, § 2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)

Provisions in Table 19.136.040 apply to all residential and home occupation, commercial, office, industrial and public utility aerials.

(Ord. 2085, § 2 (part), 2011)

Table 19.136.050 sets forth the rules and regulations for the development of personal wireless communication facilities.

Table 19.136.050 - Specific Site Development Regulations 

2. Commercial, Office, Industrial, Public Utility Aerials

(Ord. 2085, § 2 (part), 2011)

For aerials requiring discretionary review, the primary review objectives are to ensure the goals of Section 19.136.010 are met and to blend the design of the aerial into the surrounding environment, or site the aerial in such a manner to minimize the visual intrusiveness of the structure or artistically enhance the appearance of the aerial. This review may include, but not be limited to, the following criteria:

Gaps in coverage that would create emergency communication problems;

Viability of alternative locations, such as commercial, industrial, office, and public building sites;

Method of antenna-mounting, that is, wall-mounting, roof-mounting or a freestanding structure;

Colors, materials and textures to integrate the aerial into the surrounding environment or building;

Landscaping to screen the aerial;

Proximity and visibility of the aerial to residential properties and public rights-ofway;

Dispersal of aerial locations to avoid visual clutter;

Concentration of aerial locations to avoid visual clutter;

Opportunities for collocation of aerials on existing masts and towers where visual intrusiveness is reduced;

Design of the building or enclosure, which houses the related base equipment and its compatibility with the adjoining building architecture;

Opportunities to develop context-appropriate, artistically enhanced aerial designs; Screening of highly visible rooftop-mounted aerials; and

Balancing of aesthetic concerns with the need to provide a functional communications system.

(Ord. 2085, § 2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)

In addition to the standard application requirements in Chapter 19.12, the applicant may be required to provide the following additional materials:

If more than one aerial is planned in the City within a year by a single communication service provider, a master plan shall be prepared of all facilities that can be reasonably foreseen, showing the proposed aerial sites and existing commercial, office, industrial and public utility aerial locations within a one mile radius of the proposed sites. The purpose of this requirement is to identify opportunities for clustering, dispersal and collocation of aerials to reduce visual intrusiveness;

Erection of a mock aerial, computer simulation or sight-line elevations for all aerials to help assess the visual effects; and

Documentation that the technology and usage of that technology meets Federal Communications Commission adopted safety standards.

(Ord. 2085, § 2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)

Table 19.136.080 sets forth the permitting requirements for detached and building mounted aerials. All permits shall be processed in accord with the requirements of Chapter 19.12.

Table 19.136.080: Permitting Procedures and Conditions of Approval 

(Ord. 2085, § 2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)

The Approval Body may grant the height exception based upon all of the following findings:

1. That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter;

2. That granting of an exception will not result in a condition that will be detrimental or injurious to property or improvements in the vicinity and will not be materially detrimental to the public health, safety or welfare;

3. That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic.

• (Ord. 2085, § 2 (part), 2011)

The Approval Body's decision on the exception request may be appealed in accord with the requirements of Chapter 19.12.

(Ord. 2085, § 2 (part), 2011; Ord. 2038 (part), 2009; Ord. 1736, (part), 1996)