A. Purpose: The purpose of this Section is to ensure that Wireless Communication Facilities that are installed within the City comply with the standards of this UDC, including the use-specific standards in Subsection 7.3.303H.1 (Wireless Communication Facility).
B. Applicability: The WCF Permit procedure applies to all WCFs that are subject to the standards of Subsection 7.3.303H.1 (Wireless Communication Facility).
C. WCF Permit Process:
1. Application Submission
a. In addition to the appropriate application form identified in Table 7.5.5-A, the applicant shall submit with the application:
(1) A Signal Non-Interference Letter;
(2) A Radio Frequency Emissions Letter;
(3) A lease, license, or other written permission from the owner of the site;
(4) A scaled site plan, photo simulations (before and after), scaled elevation view, and line-of-sight drawing/rendering;
(5) If the application is for a new WCF, a Collocation Letter;
(6) Other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed by the Manager to be necessary to assess compliance with this Section; and
(7) Except for Small Cell Facilities in the right-of-way, prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of twelve (12) months.
b. For the first WCF application submitted to the City in a calendar year, the applicant shall provide to the Manager a narrative and map description of the applicant's existing or then-currently proposed WCFs within the City. If possible, this will include a before-and-after graphic or map showing coverage changes by the installation of the WCF. This provision is not intended to be a requirement that the applicant submit its business plan or proprietary information, or make commitments regarding locations of WCFs within the City. It is intended to allow all applicants for WCFs to share general information, assist in the City's comprehensive planning process, and promote Collocation by identifying areas in which WCFs might be appropriately constructed for multiple users. The requirement of any inventory of existing sites may be satisfied for Small Cell Facility applications through a master license agreement or similar authorization executed with the City.
c. The Manager may share such information with other applicants applying for administrative approvals or conditional permits under this Section or other organizations seeking to locate WCFs within the jurisdiction of the City, provided however, that the Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
WCF Application Forms | |
Facility Type [1] | Application |
Residential Zone Districts | |
Nonstealth freestanding facility [2] | CM1 [3] |
Roof/wall mount: [4] | |
10 feet or less above roofline [5] | CM3 [6] |
More than 10 feet above roofline and less than the maximum height of zoning district | CM2 [7] |
Located on single- and two-family dwelling units | CM1 [3] |
Stealth freestanding facility [2] | CM2 [7] |
Mixed-Use and Nonresidential Zone Districts | |
Broadcasting tower | CM1 [3] |
Collocation on existing facility [8] | CM3 [6] |
Nonstealth freestanding facility [9] | CM1 [3] |
Roof/wall mount: | |
10 feet or less above roofline [5] | CM3 [6] |
More than 10 feet above roofline | CM2 [7] |
Stealth freestanding facility: [2] | |
Equal to or less than maximum height of zone district | CM2 [7] |
Located within utility substations or within utility easements and exceeding the height of other vertical infrastructure by more than 4 feet | CM1 [3] |
Small Cell Facilities in the right-of-way | CM5 [10] |
NOTES [1] Eligible Facilities Requests application requirements are addressed in Section 3 (WCF Eligible Facilities Requests). [2] Within residential zones, applications for freestanding facilities (stealth and nonstealth) shall only be considered on multi-family, institutional, or nonresidential sites such as churches, schools, museums, etc. Except for Small Cell Facilities, freestanding facilities are not permitted in conjunction with a single- or two-family building. [3] Conditional use (CM1) applications shall be subject to Planning Commission review as a conditional use in accordance with Section 7.5.601 (Conditional Use). [4] Except with respect to Small Cell Facilities, roof/wall mount on single- and two-family buildings shall only be permitted as a conditional use where the design, materials, color, and location of the facilities blend in architecturally with the wall and substantially conceals the antennas and equipment. [5] The 10-foot extension above the building is allowed to exceed the maximum height limitation of the zone district if screened by existing screens or parapets as provided for in the design standards. [6] WCF Development Plan (CM3) applications shall be subject to expedited administrative review in accord with the procedures in Section 7.5.515 (Development Plan). No public notice or site posting shall be required unless determined to be necessary by the Manager. [7] WCF Development Plan (CM2) applications shall be subject to administrative review in accord with the procedures in Section 7.5.515 (Development Plan). The findings of this Section and notice shall be provided as required by this UDC. [8] Except for Eligible Facilities Requests, the collocation height shall be restricted to the maximum height of the zone district. If the height exceeds the maximum height of the zone district, an Administrative Waiver in accord with Subsection 7.3.303H.1.f(10) (Administrative Waiver) shall be required. [9] In the APD and PF zone districts, a nonstealth freestanding facility requires a CM2 Development Plan application. [10] Small Cell Facilities in the right-of-way (CM5) applications shall be subject to administrative review in accordance with the procedures and findings of this article. No public notice or site posting shall be required unless determined to be necessary by the Manager. | |
2. Determination of Application Completeness:
a. Review Periods:
(1) Subject to tolling as provided in Subsection b below, and unless a longer review period is agreed to by the applicant, applications for WCF shall be subject to the following review period:
(a) For a new WCF other than a Small Cell Facility in the right-of-way, one hundred and fifty (150) days.
(b) For a Small Cell Facility in the right-of-way, ninety (90) days.
(c) For modifications to, or collocations with, existing WCFs that do not qualify as an Eligible Facilities Request, ninety (90) days.
(2) The City's failure to meet the review period shall not be deemed approval of the application.
b. Tolling of Review Period:
(1) The review period begins to run when the application is filed and may be tolled where the City determines that the application is incomplete, or by mutual agreement of the City and the applicant.
(2) To toll the review period for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application.
(3) The timeframe for review period continues running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness.
3. Manager's Decision: The Manager shall review the WCF Permit application and shall approve, approve with conditions, or deny the petition in accord with Subsection 7.5.407D.1 (Manager), the provisions of this Section 7.5.513, the use-specific standards in Subsection 7.3.303H.1 (Wireless Communication Facility), and the review criteria in Section 7.5.409 (General Criteria for Approval). Each decision shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.
4. Post-Decision Actions or Limitations: The following provisions apply following the Manager's decision to approve or approve with conditions an application:
a. The Manager's decision regarding a WCF Permit for a small cell facility may not be appealed pursuant to Section 7.5.415 (Appeals).
b. An approved application for a Small Cell Facility in the right-of-way shall expire after one (1) year if construction of the Small Cell Facility has not been substantially completed.
c. Upon approval, all installation or modifications done to WCFs must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in the City Code and any other applicable laws or regulations.
d. All WCFs shall:
(1) Comply with any permit or license issued by a local, state, or federal agency with jurisdiction over the WCF;
(2) Comply with existing entitlements for the underlying real property;
(3) Be maintained in good working condition and to the standards established at the time of application approval; and
(4) Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than thirty (30) days from the time of notification by the City or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on WCFs located in the rights-of-way or on other City-owned property may be removed by the City at its discretion and without liability to the City upon fourteen (14) days' notice to the owner/and or operator of the WCF. The owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the City.
e. Upon request by the City, the applicant shall provide a compliance report within forty-five (45) days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, applicable Code requirements, and standard regulations. (Ord. 23-03)