(A) Application requirements for design review.
(1) Radius map. A radius map and a certified list of the names and addresses of all property owners within 300 feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor.
(2) Site plan. A site plan shall consist of elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, method of screening, and color photo simulations showing the before and after effects of the proposed facility on the subject site. Existing poles, towers, and/or antennas shall also be shown. No plans shall include depictions of future wireless communications facilities, nor shall future wireless communications facilities be approved.
(3) RF emissions report. The report shall be signed by a radio frequency engineer and prepared pursuant to Federal Communications Commission, Office of Engineering & Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The report shall take into account all other facilities within 2,000 feet, both existing and known future facilities, the cumulative effects of co-located facilities and existing nearby buildings and structures, and shall be written in plain English. This report shall be available to the public.
(4) Property owner approvals. Where the Wireless communications facility is located on property owned by someone other than the applicant, the applicant shall present documentation that the owner of the property has granted an easement or entered into a long-term lease for the proposed facility which provides vehicular or other necessary access to the facility. A letter of intent or affidavit, in a form approved by the city attorney, shall be submitted to meet the requirement of this subsection.
(5) Code compliance. No wireless communications facility shall be installed until such time as the property is brought into compliance with this code.
(6) Wind load analysis. Analysis of the wind loads shall be required, as governed by the most recently adopted Building Code. Based on the results of the analysis, the building official may impose additional conditions to address safety concerns.
(7) Performance bond. A faithful performance bond shall be required prior to the issuance of building permits to ensure the removal of abandoned wireless communications facilities.
(8) Applications. The applicant shall submit all other information and documents required by the city’s application for antennas. In addition, the applicant shall submit a business license application or application for encroachment permit, when applicable.
(B) Application requirements for conditional use permit.
(1) Applicants shall be required to comply with part 9 of § 153.210, Conditional Use Permits. Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the planning commission.
(2) Applicants shall also be required to comply with the following.
(a) Maps and significant gaps. Each applicant shall provide a map showing the area within the city that will be serviced by the proposed wireless communications facility and a statement as to the nature of the service to be provided. In the event that the applicant seeks to fill a gap in service, the applicant shall submit a statement in writing providing a definition of the term “significant gap” as it applies to the proposed facility; identifying the size of the area, in units of square miles, of the claimed significant gap; a map with the geographic boundary of the claimed significant gap area; and a map showing all of applicant’s existing communications facilities in the city within a reasonable distance of the claimed significant gap.
(b) Alternative site analysis. Any applicant seeking to install a new wireless communications facility shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co-location. The analysis shall also explain the rationale for selecting the proposed site. For all feasible co-location sites, the applicant shall provide evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility, unless a smaller radius is technological justified by the applicant. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within 30 days. The applicant’s letter(s) as well as response(s), or a statement from the applicant detailing all responses received, shall be included with the application as a means of demonstrating the need for a new free-standing tower.
(c) Preferred zones. The applicant shall demonstrate, with substantial evidence, that he or she has exhausted all reasonable efforts to locate a site in a commercial or industrial zone and/or it is not feasible to install the proposed facility on a site in such zones.
(d) Height representation. When a new free-standing tower is proposed, a balloon or other physical representation of the maximum height of the proposed wireless telecommunications facility shall be provided at the project location for a minimum of one week prior to any required public hearing for the facility to enable the Commission to assess the aesthetic impacts of the proposed antenna height on the surrounding land uses and public rights-of-way. This requirement may be waived by Director whenever deemed appropriate.
(Ord. 1346, passed 5-2-12)