Chapter 17.42 — WIRELESS COMMUNICATION FACILITIES

With the rapid growth of the telecommunications industry and subsequent development of wireless communication facilities, the purpose of this chapter is to:

A.

Provide the regulatory mechanism that accommodates the installation and development of wireless communication facilities, whose services benefit the residents and business service providers of the.

B.

Define the development standards for the placement and construction of wireless communication facilities consistent with the Federal Telecommunications Act of 1996.

C.

Minimize the visual impacts these facilities can create in the community by promoting well-designed and appropriately placed facilities.

(Ord. 369, § 1 (part), 2001)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Antenna" means any system of wire, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves.

(1)

"Building mounted" means an antenna which is affixed to or supported by the roof or exterior wall of a building or other structure.

(2)

"Ground mounted" means an antenna which is fully or partially supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground.

"Co-location" means the location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this chapter, co-location shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures.

"Communication tower" means any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.

"Electromagnetic radio frequency waves" means waves of electric and magnetic energy radiating away from a transmission source to be picked up by a receiving antenna for the purpose of communicating information.

"Wireless communication facility" means a facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.

(Ord. 369, § 1 (part), 2001)

The following wireless communication facilities shall be exempt from the requirements of this chapter provided its antenna structure complies with all other applicable zoning requirements of this title:

A.

Any antenna structure that is designed and used solely to receive UHF, VHF, AM and FM broadcast signals from licensed radio and television stations;

B.

Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC [i.e., a "ham" radio transmission].

(Ord. 369 §1(part), 2001)

Every wireless communication facility permitted and constructed within the town shall comply with all safety standards of the American National Standards Institute, Institute of Electrical and Electronic Engineers, Public Utilities Commission, Federal Communications Commission, Uniform Building Code, National Electric Code, this code and any other codes and standards as applicable. In addition, the town shall not be liable if subsequent new wireless communication facility development impairs existing antenna reception.

(Ord. 369 § 1 (part), 2001)

All wireless communication facilities shall be subject to the following permitting:

A.

Administrative Permit. New wireless communication facilities which will be co-locating on or within an existing approved tower or facility shall be subject to town approval of an administrative permit. This shall include co-location with other facilities such as water tanks, light standards and other similar utilities.

B.

Site Plan Review Permit. Other than those facilities subject to an administrative permit, all new wireless communication facilities which comply with the regulations contained in this chapter including, but not limited to height, location and screening shall be subject to town approval of a site plan review permit.

C.

Conditional Use Permit. Those facilities that require a conditional use permit include:

Where multiple wireless communication sites are proposed by a single applicant, a conditional use permit shall be required to act as a master land permit for all sites under single review by the planning commission;

All facilities which do not comply with the regulations of this chapter.

(Ord. 369 § 1 (part), 2001)

A.

Building mounted facilities shall not exceed fifteen (15) feet in height greater than the maximum height permitted for the zoning district in which it is located. Height limits for all ground mounted facilities shall be subject to the following standards:

Maximum Height for Ground Mounted Facilities

Distance From a Residence Maximum Height

Between 0—110 feet 1 foot per 1 foot of distance from a residence

Between 111—130 feet 135 feet

Greater than 130 feet 160 feet

(Ord. 369 § 1 (part), 2001)

A.

New wireless communication facilities shall be co-located with other existing or planned facilities where feasible or where found to minimize visual impact.

B.

No facility shall be installed closer than one-half (½) mile from another site unless it is on a previously approved co-located facility or multiple-user site.

C.

All new facilities shall be located outside of the required setback area for the respective zoning district in which the facility is located.

D.

On a developed site, communication towers may be permitted only where the applicant has demonstrated a good faith effort to secure an alternate site at an existing utility substation and it is reasonably demonstrated that the proposed facility cannot be placed on an existing building or communication tower.

E.

No facility shall be installed on an exposed ridgeline, in or at a location readily visible from a public trail or other recreation area, a town designated scenic area or town residential zoned area unless it is satisfactorily screened or made to appear as a natural environment feature.

F.

A communication tower shall not be located in the required front yard setback.

(Ord. 369 § 1 (part), 2001)

Only those facilities that are building mounted or totally enclosed within a building shall be permitted in any town residential zoning district. Building mounted facilities in a town residential zoning district shall be

located or screened so as to prevent any public view or shall be architecturally designed to appear as an integral part of the building on which it is attached.

(Ord. 369 § 1 (part), 2001)

The following development and design standards shall be considered in the design and location of all wireless communication facilities:

A.

All wireless communication facilities equipment shall be screened or camouflaged so as to reduce visual impacts. Existing site features shall be used to screen the facility where possible.

B.

All facilities must be architecturally and visually compatible with surrounding buildings, structures, vegetation and/or uses in the area.

C.

All antennas, towers or related equipment shall have a non-reflective finish or paint consistent with the background area where the facility is to be placed.

D.

Screening for ground-mounted equipment shall include existing and/or new vegetation pursuant to Chapter

The service provider of a wireless communication facility shall notify the town of the intent to discontinue operation no less than thirty (30) days before discontinuance. Upon the discontinuance of use, all related equipment shall be removed and the property restored to the pre-construction condition within one hundred twenty (120) days of the cessation of operation.

(Ord. 369 § 1 (part), 2001)