Division II — REGULATION OF WIRELESS ANTENNA FACILITIES

21.46.100 Facilities within public rights-of-way .

All wireless antenna facilities proposed in the public rights-of-way in any zoning district must, unless exempt under paramount state or federal law, comply with all applicable provisions of the Municipal Code pertaining to encroachments into or on public property or rights-of-way. (Ord. 612 Exhibit A (part), 2008).

(a) The regulatory provisions of this Division II do not apply to the siting of wireless antenna facilities on or within city-owned land or buildings. The proposed siting of these facilities on all city-owned property will require a license or lease agreement with the city, which license or lease agreement must be approved by the city council.

(b) Except as noted in Section 21.46.100, the regulatory provisions of this section do not apply to the siting of wireless antenna facilities, or to the siting of radio equipment, used by a telecommunications service provider in operating a wireless, microcellular digital radio communications network, upon existing above-ground poles or similar appurtenances located within the public rights-of-way. Applications for the placement of such antenna facilities or radio equipment upon existing above-ground poles or similar structures located within the public rights-of-way will be submitted to the public works director on a form provided by the director, along with an application fee in an amount established by resolution of the city council. Unless exempt under paramount state or federal law, any authorized use of existing poles or similar structures located within the public rights-of-way will be subject to a permit to be issued by the city manager, or the city manager's designee.

(c) Except as provided in Section 21.46.100, the regulatory provisions of this section do not apply to the siting of wireless antenna facilities, or to the siting of radio equipment, used by a telecommunications service provider in operating a wireless, microcellular digital radio communications network, upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way. Applications for the placement of such antenna facilities or radio equipment upon new above-ground poles or similar structures that are proposed to be installed within the public rights-of-way will be submitted to the public works director on a form provided by the director, along with an application fee in an amount established by resolution of the city council. Authorization for the installation of any new above-ground pole or similar structure for the operation of an antenna facility or radio equipment must comply with the provisions of the Municipal Code pertaining to encroachments into or on public property or rights-of-way, and will be subject to a license, lease, or franchise agreement with the city that is approved by the city council.

(d) Every permit, license, lease, or franchise agreement that is authorized by the city under the provisions of this section may contain a requirement that the telecommunications service provider, or the property owner, submit documentation that the electromagnetic fields (EMFs) from the proposed antenna facilities or radio equipment will be within the limits approved by the FCC, and that a report be submitted annually evidencing the fact that the EMFs continue to be within approved FCC limits.

(Ord. 612 Exhibit A (part), 2008).

(a) Type of Review. Unless otherwise exempt from permit requirements pursuant to Section 21.46.040, each wireless communication facility requires a permit in accordance with Table 21.46.030.

(b) Application Requirements. In addition to the requirements set forth in Chapters 21.96 and 21.110, the application for zone clearance/plan check or for a conditional use permit must include the following:

(1) A site plan, drawn to scale, showing all existing improvements on the site, the proposed location of the wireless antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, guy-wires, above and below ground wiring and connection cables, existing or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any existing or proposed accessory equipment facility.

(2) A description of the maximum potential of the proposed wireless antenna site to accommodate the installation of additional antennas.

(3) A location map showing existing wireless antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for future area coverage.

(4) Documentation that the electromagnetic fields (EMFs) from the proposed wireless facility, both individually and cumulatively, will be within the limits approved by the FCC. As a condition of approval of any permit or other entitlement, the approving authority may require the annual submission of a report prepared by a qualified person evidencing the fact that EMFs continue to be within approved FCC limits.

(5) A statement concerning the minimum distance from the proposed wireless antenna facility that is required to ensure that no person will be exposed to any harmful effects attributable to EMFs.

• (6) Evidence of any required licenses and approvals to provide wireless services in the city.

• (7) The property owner's written consent to the proposed siting of the wireless antenna facility and acknowledgment of its obligations under this zoning ordinance.

(8) A radio coverage map of the area proposed to be served. If the applicant is proposing a new support structure, then a written statement, including all facts in support thereof, from a licensed radio engineer attesting to the need for such structure, as described in the application, to be located at the applied for location.

(c) Review Criteria. In addition to consideration of the criteria for zone clearance/plan check or conditional use permit in Chapters 21.96 and 21.110, respectively, the approving authority must consider the following factors in determining whether to issue a permit or other entitlement for a wireless antenna facility:

• (1) Height of the proposed facility.

• (2) The nature and proximity of existing uses on adjacent properties.

• (3) Surrounding topography.

• (4) Surrounding tree coverage and foliage.

(5) Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or co-located on an existing building or an existing support structure.

• (6) Proposed ingress and egress.

• (7) Availability of suitable existing buildings or support structures.

• (Ord. 612 Exhibit A (part), 2008).

All wireless facilities subject to the provisions of this chapter shall comply with the following development standards: (1) Antenna arrays on wireless antenna facilities that are proposed to be sited on an existing building or support structure must be integrated with the architectural design and coloring of that existing building or support structure. (2) New major wireless facilities shall not be permitted to locate within five hundred feet of any existing, legally established major wireless facility, except when co-located on the same building, structure, or wireless facility.

(3) All major wireless facilities shall be set back a minimum distance of two hundred feet from any property zoned for residential use.

• (4) The siting of new support structures is subject to the following additional requirement:

(A) No new support structure in a residential land use zone will be permitted unless the approving authority makes the additional finding that, based upon evidence submitted by the applicant, no existing non-residential building or support structure can reasonably accommodate the proposed wireless antenna facility. Evidence supporting this finding will be reviewed by the reviewing authority and may consist of any of the following:

(i) No existing non-residential buildings or support structures are located within the geographic area proposed to be served by the applicant's facility.

(ii) Existing non-residential buildings or support structures are not of sufficient height or structural strength to meet the applicant's operational or engineering requirements.

(iii) The applicant's proposed facility in a nonresidential zoning district would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant's proposed antenna array.

(iv) The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless service provider, in order to co-locate a new antenna array on an existing non-residential building or support structure, or to adapt an existing non-residential building or support structure for the location of the new antenna array, are unreasonable.

(v) There are other limiting factors that render existing nonresidential buildings and support structures unsuitable for use by the applicant.

(5) If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the approving authority may require that the support structure be screened or camouflaged to mitigate adverse visual impacts.

(6) Protective structures housing accessory equipment must comply with all applicable requirements of the zoning code that relate to accessory structures.

(7) If a proposed facility will be visible from a residential area or an arterial street, any required fencing must be of wrought iron or similar decorative materials satisfactory to the community development director.

(8) A new, freestanding support structure must be separated from a building on the same site by a distance that is at least equal to the height of that support structure, unless that building houses equipment accessory to that support structure.

(9) The exterior of a new support structure must have a non-corrosive, non-metallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.

(10) Buildings and support structures may not be illuminated unless specifically required by the federal aviation administration or other governmental agencies.

(11) Except as otherwise provided by law, no off-premises or on-premises signs may be placed by a wireless service provider on a building or support structure to which a wireless antenna facility is attached. (Ord. 612 Exhibit A (part), 2008).

The following requirements apply to wireless antenna facilities that are authorized by permit or other entitlement and that are located on existing buildings or support structures and on new support structures:

(1) The site must be maintained in a condition free of trash, debris, and refuse in accordance with Chapter 21.72.

(2) If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee or the property owner must give written notice of such inoperability or nonuse to the public works director. The antenna array and, if applicable, the support structure, must be removed within a ninety-day period. If that removal does not occur, the city may remove the antenna array

and, if applicable, the support structure, at the expense of the permittee or the owner; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it.

(Ord. 612 Exhibit A (part), 2008).

The city manager, as the director of the office of emergency services, is authorized in the event of a local emergency or disaster to employ all providers of wireless services whose antenna facilities can be deployed immediately within the city for the purpose of implementing the emergency services plan, coordinating the emergency and disaster functions of the city, and protecting life and property. The temporary deployment of such wireless antenna facilities may be authorized at such locations, and for such period of time, as will afford maximum protection for the public health, welfare, and safety.

(Ord. 612 Exhibit A (part), 2008).