Lincoln Municipal Code § 18.41.080 Class I facilities—Administrative design review

Wireless telecommunications facilities that are generally considered to have minimal impacts or which are exempt from local review by state or federal statutes have been classified as exempt under this article and are not subject to discretionary review when in compliance with the development standards set forth herein. Other wireless telecommunication facilities that have the potential to create impacts have been categorized to allow for additional review. Unless listed below as exempt or prohibited, no wireless telecommunication facility shall be constructed without first obtaining the prescribed permit.

(Ord. 690B §2 (part), 2000)

Two pre-application meetings are recommended for all wireless telecommunications proposals. The first should take place at the earliest stage of site location research and should include a service area map and description of the type of antenna facility required. The second is recommended after the site is selected and should include a preliminary site plan and visual impact drawings. No fees are charged for review of material submitted at this stage.

(Ord. 690B §2 (part), 2000)

All applications for wireless telecommunication facilities shall be submitted to the community development department. The number and size of plans shall be determined by the community development director or his designee, who may waive certain requirements or require additional information based on specific project factors. Any submittal shall contain the following information:

(1) Submittals shall include all application materials generally required for the type of permit sought (i.e., conditional use permit).

(2) Site plan, including all facility related support and protection equipment. Plan shall also describe general project information including the type of facility, number of antennas, height to top of antenna(s), radio frequency range, wattage output of equipment, statement of compliance with current FCC requirements and a description of the anticipated maintenance program and back-up generator power testing schedule.

(3) Elevations of all proposed wireless telecommunication structures and appurtenances, and composite elevations from the street(s) and view-sheds showing the proposed project and all buildings on the site.

(4) Photo simulations, photomontage, story poles, elevations or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. Visual impact demonstration shall include accurate scale and coloration of the proposed facility.

(5) Landscape plan that shows existing vegetation, vegetation to be removed and proposed plantings by type, size, location and method of irrigation. If deemed necessary, the community development director or his/her representative may require a registered arborist's report to document project impacts on existing vegetation. This report may recommend protective measures to be implemented during and after construction.

(6) A geographic service area map with and without the proposed facility showing "hand-off" sites within the city planning area and distances between these sites. The map shall illustrate the geographic area the facility could be located in and all other existing sites that could be used for the proposed antenna location. The map shall also include all wireless telecommunication facilities of all telecommunication service providers within 1,000 feet of the proposed site.

(7) Provide a discussion of and supporting information regarding alternative site selection and co-location opportunities in the service area. Each application shall demonstrate how the proposed facility satisfies the locational preference guidelines established by resolution. If the proposed location is not a preferred location, the application shall describe the preferred location sites within the geographic service area, a statement why each alternative site was rejected and a contact list used in the site selection process.

(8) Provide noise and acoustical information for the base transceiver station(s) equipment buildings, and associated equipment such as air-conditioning units and back-up generators.

(9) A cumulative impact analysis may be required for the proposed facility and other wireless telecommunication facilities on or near the project site. The analysis shall include the height of all existing and proposed wireless telecommunication facilities on or near the site, dimensions of all antennas and support equipment on or near the site, power rating for all existing and proposed back-up equipment and a report estimating the ambient radio frequency fields and cumulative electro-magnetic radiation at the proposed site.

(10) Statement by the applicant of willingness to allow other carriers to co-locate on their facilities whenever technically and economically feasible and aesthetically desirable.

(Ord. 690B §2 (part), 2000)

The following wireless telecommunication facilities are exempt from discretionary review under this chapter, provided they meet the location and design requirements set forth below:

(1) Interior and exterior facilities accessory to a residential use of a site, including, but not limited to, television antennas, satellite dishes and amateur radio facilities meeting the requirements set forth below.

a. One satellite dish or other similarly scaled telecommunication device not exceeding one meter in diameter per dwelling unit. Satellite dishes and similar devises may not extend above the roof peak or parapet. Satellite dishes and similar devises placed on property zoned multi-family use shall not be located in such a manner as to result in visual clutter.

b. Ground-mounted antennas and support structures shall not be located within the front or side yard setbacks.

c. Antenna height shall not exceed the maximum allowable building height by more than ten feet.

(2) Public safety facilities including transmitters, repeaters and remote cameras meeting the requirements set forth below.

a. Facilities shall be located on existing public structures such as buildings, towers, bridges and light poles.

b. Facilities shall be treated to match the supporting structure.

(3) Wireless telecommunication facilities accessory to other public equipment such as irrigation controls, well monitoring and traffic signals.

(4) Wireless telecommunication facilities erected and operated for emergency situations meeting the requirements set forth below:

a. The facility shall be removed at the conclusion of the emergency.

(5) Mobile facilities when placed on a site for less than 24 consecutive hours.

(6) Facilities specifically exempted under state or federal law.

(Ord. 690B §2 (part), 2000)

Class 1 facilities as described below shall require an administrative design review approval from the community development director or his/her designee pursuant to Chapter 18.68 of this code and must meet the criteria as set forth in this section. The community development director or his/her designee shall have authority to approve an administrative design review application upon a determination that the criteria set forth in Section 18.41.080 has been met. Within ten days of receiving a complete application, the community development director will render a determination regarding the approval of the application. The director shall have the authority to approve, approve with conditions, or deny an application. The community development director may, at his or her discretion, schedule for review by the planning commission any application for approval. The planning commission shall have the authority to approve, approve with conditions or deny all applications for design review if so scheduled by the director. Class I facilities shall consist of the following:

(1) Additional antennas on a tower for which a conditional use permit has been previously approved that allows co-location and meet the requirements set forth below.

a. The tower was constructed and is operating in accordance with the requirements of the conditional use permit.

b. The type and size of proposed antenna(s) is consistent with the requirements of the conditional use permit.

c. The new antenna array does not exceed the height of the existing tower.

d. The antenna array is the second or third grouping on the tower.

e. The proposed array fits within the three-dimensional envelope of the existing tower and arrays.

f. The proposed array does not include a microwave dish greater than one meter in diameter.

g. The combined EMR for all arrays does not exceed state or federal standards.

h. The new array does not require major modifications to the existing tower.

i. The new array is consistent with the style and color of the existing tower and arrays.

j. The new array does not contain graphics, lettering, signage, markings or advertisement except for necessary safety warnings required by law.

(2) Facade mounted antennas in industrial zones meeting the requirements set forth below:

a. The lowest part of the antenna shall be a minimum of 15 feet above grade.

b. The antenna and mountings shall not project more than 18 inches from the building surface to which it is mounted.

c. Antennas, connections and supports shall be treated to match the color scheme of the building.

d. Antennas and connections shall not project above the mounting facade.

e. Ground-mounted support equipment shall be undergrounded or screened from public view.

f. Exterior electrical lines serving the equipment cabinet or building shall be undergrounded.

g. If panel type antennas are proposed, the total square footage of all panels shall not exceed 25 square feet on any facade.

(3) Wireless telecommunication facilities concealed from public view or fully integrated into the site architecture of non-residential structures to be constructed, renovated or remodeled.

(Ord. 690B §2 (part), 2000)

Class II facilities as described below shall be reviewed in accordance with Chapter 18.64 of this code (Design Review) and must meet the criteria as set forth in this section. Class II facilities consist of the following:

(1) Any exempted or Class I facility which does not meet the location and design standards of Sections 18.41.070 or 18.41.080, respectively;

(2) Any mobile antenna when placed on a site for more than 24 hours, but less than 30 days meeting the requirements set forth below:

a. Antenna vehicle/trailer shall be located only on an improved surface.

b. Parking and access for support personnel shall be on an improved surface.

c. Day and night safety marking shall be provided.

d. The antenna vehicle/trailer and support parking shall not be located within a public right-of-way.

(3) Roof-mounted facilities on non-residential structures meeting the requirements forth below:

a. The facility and related equipment shall be fully screened from public view or architecturally integrated into the building design.

b. Antennas shall match the color scheme of the building facade to which they are attached.

c. Ground-mounted equipment shall be undergrounded or screened from public view.

d. Antennas and support structures shall not exceed the allowable height limit for the zone or exceed the roof parapet by more than six feet, whichever is less.

(4) Wireless telecommunication antennas on publicly owned or publicly utilized lands meeting the requirements set forth below:

a. Antennas may be mounted on existing buildings or structures. Ground-mounted antennas shall not exceed 15 feet.

b. The antennas shall be integrated into the site and/or structure design.

c. Ground-mounted equipment shall be undergrounded or screened from public view.

d. Parking and access shall be on an improved surface.

(5) Replacement of previously approved towers in commercial and industrial zones meeting the requirements set below:

a. The height of the new tower is equal to or less than the existing tower.

b. If technological improvements or developments occur which allow the use of a materially smaller or a less visually obtrusive tower, the applicant may be required to upgrade the tower to minimize adverse impacts.

(6) Placement of private carrier facilities on utility, signal or lighting structures within a public right-of-way or easement meeting the requirements set forth below:

a. Antennas shall be treated to match the supporting structure.

b. Antennas mounted in residential areas shall be no more than two feet in height and one foot in width. In all zones, antenna size shall be limited to the minimum functional size.

c. Ground-mounted equipment shall be undergrounded or screened from public view.

d. The city retains the right to deny an application for this type of wireless telecommunication facility based on aesthetic impacts alone.

(7) Antenna arrays mounted on existing signs, water towers, sport field light towers and other similarly scaled structures meeting the requirements set forth below:

a. Antennas shall be treated to match the supporting structure.

b. Ground-mounted equipment shall be undergrounded or screened from public view.

c. The city retains the right to deny an application for this type of wireless telecommunication facility based on aesthetic impacts alone.

(Ord. 690B §2 (part), 2000)

Class III wireless as described below shall be reviewed in accordance with Chapter 18.56 of this code (Conditional Use Permits), and must meet the criteria as set forth in this section. Class III facilities shall consist of the following:

(1) Any Class II facility which does not meet the location and design standards of Section 18.41.090;

(2) Monopole or lattice tower facilities in any zone meeting the requirements set forth below:

a. Monopoles and lattice towers shall be located and designed to minimize visual impacts. Towers located in high visibility locations shall incorporate "stealth" design techniques to disguise the tower as art/sculpture, clock tower, flagpole, tree or other appropriate and compatible visual form.

b. Monopole and lattice towers shall be located on the rear half of the parcel, unless aesthetic benefit is achieved through an alternative location.

c. New private monopoles and lattice towers shall not be located within 500 feet of residentially zoned or developed parcels.

d. Monopoles and lattice towers shall generally not be permitted within 1,000 feet of an existing tower. This standard may be modified upon a finding by the planning commission that the cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing tower or structure in the service area. Independent review of the request, at the applicants cost, may be required by the director of community development.

e. Monopoles and lattice towers shall be designed at the minimum functional height. Tower height shall generally not exceed the maximum height for buildings in the zoning district in which it is located by more than ten feet. This standard may be modified upon a finding by the planning commission that the cumulative visual impacts are not significant and that the height is necessary to provide services not possible with a tower meeting the height standard. Independent review of the request, at the applicant's cost may be required by the director of community development. If no maximum building height is established in this chapter, the height of the tower shall be reviewed for the visual impact on the surrounding land uses and the community.

f. As a condition of approval for all monopoles and lattice towers, the applicant shall provide the city with a written commitment that they will allow other service providers to co-locate on towers where technically and economically feasible.

g. Ground mounted equipment shall be undergrounded or screened from public view.

h. Parking and access shall be on an improved surface.

(3) Non-accessory wireless telecommunication facilities located on residentially developed land meeting the requirements set forth below:

a. Wireless telecommunication facilities which are not accessory to single-family or two-family dwellings, shall not be permitted on lands zoned or developed for such use.

b. Wireless telecommunication facilities shall be limited to building or facade mounted facilities which are integrated into the architectural design and treated to match the building.

c. Wireless telecommunication facilities shall meet all state and federal requirements for health and safety pertaining to distance from sensitive receptors.

(4) Wireless telecommunications facilities located on publicly owned lands not otherwise having local land use zoning, but lying within the jurisdiction of the city meeting the requirements set forth below:

a. Monopole and lattice towers must be in compliance with the standards of subsection 18.41.100(2) of this chapter.

b. Shall be subject to periodic review as established in Section 18.41.190 of this chapter.

c. Ground-mounted equipment shall be underground or screened from public view.

d. Parking and access shall be on an improved surface.

(5) Other wireless telecommunication facilities not listed as exempt, permitted, or prohibited.

(Ord. 690B §2 (part), 2000)

The following wireless telecommunication facilities shall be prohibited:

(1) Wireless telecommunication facilities located within designated sensitive habitat areas such as habitat restoration areas. The department of community development shall maintain a map identifying such areas;

(2) Wireless telecommunication facilities where the combined EMF/RF exceeds the state or federal standard;

(3) Non-accessory wireless telecommunication facilities located on lands developed or zoned for single-family or duplex residential districts.

(Ord. 690B §2 (part), 2000)