A. Purpose. This Section provides location, development, and operating standards for telecommunications facilities (e.g., dish antenna and cellular mobile radio telephone utility facilities), in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development Standards), and in accordance with CCMC §§ 15.02.600 through 15.02.625.
B. Definitions. As used in this Section, the following words and phrases are defined as follows.
Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom that may be mounted on a vertical support structure.
Building or Roof-mounted Antenna. An antenna mounted on the side or top of a building or another structure (e.g., water tank, billboard, church steeple, freestanding sign, and the like), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system attached to one or more structural members of the roof or walls of the building.
Cellular. An analog or digital wireless communication technology based on a system of interconnected neighboring cell sites, each of which contains antennas.
Cellular Mobile Radio Telephone Utility Facility. A type of remote communication installation that includes a grouping or series of antennas that transmit, relay, and receive radio waves, together with equipment functionally integrated into a communication system, located on a cell site that is part of a network for transmission of telephone service.
Co-location. The locating of wireless communications equipment from more than one provider on a single ground-mounted, roof-mounted, or structure-mounted facility.
Dish Antenna. A parabolic, dish-like antenna that transmits and/or receives electromagnetic waves by line of sight.
Ground-mounted Antenna. An antenna, the entire weight of which is supported by a manufacturer- and/or installer-specified and City-approved platform, framework, pole or other structural system; which system is freestanding, affixed directly on or in the ground by a foundation, excluding lateral bracing to a building.
Height. The vertical distance between the highest point of a dish antenna, when actuated to its most vertical position and the grade below for a ground-mounted dish antenna, and to the roof below for a roof-mounted dish antenna.
Monopole. A structure composed of a single spire used to support antennas and related equipment.
Primary Dish Antenna Facility. A facility that is the primary use of a site consisting of 1 or more dish antennas, the ancillary structures and electronic equipment necessary to support or operate the antennas, and offices for the business selling transmission services.
Reasonable Functional Use. The positioning of a dish antenna that permits substantially unobstructed line of sight with geosynchronous orbiting satellites, or microwave dish antennas, from or to which the dish antenna receives or transmits electromagnetic waves.
Satellite Dish Antenna. An antenna for the home, business or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites.
C. Dish Antenna Regulations.
1. Small satellite dish antennas. Satellite dish antennas with a maximum diameter of 24 inches for residential installations, up to a maximum of 2 per dwelling unit, and 78 inches for commercial installations, are regulated by Federal law and exempt from the requirements of this Section. When placed on an historic building, designated "landmark" or "significant" per Chapter 15.05, satellite antennas shall comply with the U.S. Secretary of the Interior standards. Compliance with those standards is met if the satellite antenna is placed so that it has no public visibility, and does not permanently alter any design feature or element of an historic building designated "landmark" or "significant." If compliance with the U.S. Secretary of the Interior standards cannot be met, alternate locations that still allow reasonable, functional use of the satellite antenna shall be examined, and an Administrative Certificate of Appropriateness may be required.
2. Quantity and permit requirements. Table 4-5 (Dish Antenna Quality and Permit Requirements) below, outlines the quantity and permit requirements for dish antennas, other than satellite dish antennas exempted above. All dish antennas shall be installed, modified and maintained in accordance with Chapter 15.02 of the CCMC, and the design provisions set forth in Subsection 17.400.130.C.4. (Plans and permits) below.
Location | Size | Quantity | Permit Required | Notes |
All Residential Zones | Larger than 24 inches in diameter | 1 per lot or 1 per multiple-family residential complex | Building permit only | No transmitting dish antenna shall be permitted in a residential zone. |
Non-residential Zones | Less than 6.5 feet in diameter | 3 | Building permit only | Receiving and/or transmitting permitted. Must be ancillary to a primary use. |
Non-residential Zones | 6.5 feet in diameter to 12 feet in diameter | 3 | AUP | Receiving and/or transmitting permitted. Must be ancillary to a primary use. |
Non-residential Zones | Greater than 12 feet in diameter | 3 | CUP | Receiving and/or transmitting permitted. Must be ancillary to a primary use. |
Non-residential Zones | Primary dish antenna facility | As determined by CUP | CUP | Receiving and/or transmitting permitted. Must be a primary use. |
IL, IG and S Zones | Larger than 24 inches in diameter | 4 or more | AUP, if completely screened (1). CUP, if not completely screened (2). | Receiving and/or transmitting permitted. Must be ancillary to a primary use. |
Notes: | ||||
(1) Completely Screened shall mean that the tallest portion of the antenna(s) structure(s) is/are at or below the tallest portion of the screening or parapet wall. | ||||
(2) Not Completely Screened shall mean that some, or all, of the antenna(s) structure(s) is/are visible from adjoining properties and/or public rights-of-way. | ||||
3. Design standards. Every dish antenna shall be installed, modified and maintained in compliance with the provisions of Chapter 15.02 of the CCMC, and with the following standards.
a. Installation requirements.
i. All dish antennas larger than 24 inches in diameter shall be ground-mounted, unless the City determines, after considering all applicable regulations of this Chapter and the particular characteristics of the site and improvements whereon a dish antenna is proposed, that a ground-mounted installation is not reasonably feasible, or that a roof-mounted installation would better enable screening of the antenna, as required in Subsection 17.400.130.C.4.f. below. The Director may determine that a ground-mounted installation may not be reasonably feasible when:
(a) The ground-mounted installation would not provide reasonable functional use, when installed at the maximum height and maximum diameter anywhere on the parcel, as permitted by this Section;
(b) The ground-mounted installation is precluded from location anywhere on the parcel by other requirements of this Chapter; or
(c) The ground-mounted installation impedes on vehicular or pedestrian circulation and access.
ii. The City may require a roof-mounted installation if the City determines that a roof-mounted installation is superior to a ground-mounted installation for purposes of screening.
b. Location, height and setbacks. Every dish antenna shall comply with the location, height and setback regulations of this Title, except that:
i. No dish antenna shall be installed at a height greater than that approved by the City. In determining the maximum allowable height, the City shall consider the manufacturer's and/or installer's recommended specifications and the heights, and potential line-of-sight obstructions resulting from nearby terrain, structures, landscaping and other features having mass impenetrable by electromagnetic waves; and
ii. A roof-mounted dish antenna may be permitted to exceed the maximum allowable building height, but in no case by more than 10 feet. The dish antenna shall be mounted above the roof no higher than is absolutely necessary to safely clear the roof when actuated to its most vertical position.
c. Actuation. A dish antenna may be actuated, provided applicable height and screening regulations of this Section are met with the dish antenna in its most vertical position, and provided applicable setback regulations of this Section are met with the dish antenna in its most horizontal position.
d. Color. No dish antenna shall be of a bright, shiny or glare reflective finish. Every dish antenna shall be finished in colors to insure compatibility with the site and the surrounding area, as determined by the Director.
e. Graphics and signs. No dish antenna shall be used to display a sign or any other graphic. For purposes of this Section, a Graphic shall include any display or arrangement of 2 or more colors, patterns, dots, lines or other symbols or characters, the primary use or purpose of which, as determined by the Director, is to attract attention to the dish antenna, its manufacturer or its user. A manufacturer's identification label and/or any government-required identification or safety labels may be affixed to the backside of the dish or the structural support for the antenna.
f. Screening.
i. Every dish antenna larger than 24 inches in diameter shall be screened to the City's satisfaction. In determining acceptability of screening, the City shall take into account:
(a) All existing and/or proposed improvements on and adjacent to the site, including landscaping, walls, fences or other specifically designed devices that preclude or minimize the visibility of the antenna;
(b) The grade of the site on which the dish antenna is proposed, as related to surrounding, nearby grades of properties and public street rights-of-way;
(c) The height of the building(s) on and adjacent to the site above or on which the dish antenna is proposed to be mounted;
(d) The configuration of roofline(s) of the building(s) on and adjacent to the site;
(e) The general, existing aesthetic composition and character of the surrounding neighborhood; and
(f) Any other circumstances the City considers relevant.
ii. No dish antenna greater than 24 inches in diameter shall be permitted on or above that part of a pitched roof sloping towards and having visibility from a street-facing property line.
iii. Where, based on the foregoing considerations, the City determines full 4-sided screening is not reasonably feasible, the emphasis for screening shall be placed from the following prioritized views:
(a) From all adjoining public streets;
(b) From all adjoining residentially zoned properties;
(c) From nearby public streets;
(d) From nearby residentially zoned properties; and
(e) From adjoining and nearby non-residentially zoned properties.
iv. Approval of screening may include reasonable conditions deemed by the City necessary to minimize the visual impact of a dish antenna.
g. Security. Every ground-mounted dish antenna shall be secured from access to the general public by fencing, or another deterring device or means as the City may approve or require, so that the antenna is not an attractive nuisance.
h. Material. The City may require a dish antenna to consist of solid or mesh material, as determined most effective in minimizing the appearance of the dish, if it is not fully screened.
4. Plans and permits.
a. In addition to the procedures established in Subsection 17.400.110.C.2. (Quantity and permit requirements), no dish antenna shall be installed or modified except in accordance with plans and a building permit approved by the City. In addition to complying with the structural and electrical requirements of Chapter 15.02 of the CCMC, the plans filed with the building permit application shall include a site plan, drawn to scale and by dimension, showing all dish antenna and site-specific information, and details necessary for the City to determine compliance with all applicable provisions of this Chapter. The City may require supplemental information to be filed with the building permit application and basic site plan pursuant to this Subsection.
b. In addition to the above, plans filed for a transmitting dish antenna shall include microwave interference and radiation data and specifications, all other information required to be filed with the Federal Communications Commission (FCC) in support of the required application for an FCC license, and any other plans and information the City deems relevant.
c. Once a building permit for a dish antenna has been issued by the City, and installation pursuant thereto has started, all work and improvements per the approved plans and permit shall be completed within 6 months. Failure to complete the work and improvements within 6 months shall be grounds for the City to revoke the permit and require removal of the dish antenna.
d. The City may condition any building permit for a dish antenna, issued pursuant to this Section, upon the removal or modification of any other antennas on the site that are nonconforming with applicable Code requirements.
5. Exceptions. The provisions of this Section may be modified or waived by the City in the following cases:
a. National defense or security dish antenna installations; and
b. Any receiving dish antenna located in such a manner as to be invisible from any off-site view.
6. Exemptions. The provisions of this Section do not apply to the following.
a. Temporary installations for testing for telecommunications purposes only, not to exceed 3 days duration on any one lot or parcel for each such purpose;
b. Portable dish antennas not to exceed 6 feet in diameter and 35 pounds in weight, when set freestanding on the ground in a side yard or rear yard area, which is screened from view from any adjoining public street right-of-way, as would be required for a permanent installation.
D. Cellular Mobile Radio Telephone Utility Facilities.
1. Site selection, order of preference. An application for the approval of a cellular wireless communication facility shall include written documentation provided by the applicant, which demonstrates a good faith effort in locating facilities in compliance with this Subsection. Cellular wireless communication facilities shall be located in the following order of preference.
a. On existing buildings (e.g., a rooftop, church steeple, rooftop stairwell or equipment enclosures, and the like).
b. Co-location facilities.
c. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening.
d. On parcels which will not require significant visual mitigation.
2. Design standards. Every facility shall be designed, installed, modified, and maintained in compliance with following standards.
a. Location, height and setbacks.
i. More than 1 facility shall be allowed on a site, at the Director's discretion.
ii. The facility shall comply with the height and setback requirements for the zoning district in which it is located.
iii. The facility shall not be located in a maneuvering, or vehicular/pedestrian circulation area.
b. Screening. The facility shall be screened from adjacent and nearby public rights-of-way and properties. Screening shall be accomplished through the following specific or equivalent measures, as applicable and as determined by the Director.
i. The antennas shall be located in or on existing building features or other site improvements wherever possible, as opposed to creating new building features, site improvements, or monopoles for the support of the antennas.
ii. If new building features or other site improvements are necessary for the support of the antennas, they shall be minimized in scale, or be designed to architecturally match or compatibly blend with the structure and site to which they are added, and shall not be higher than 13-1/2 feet above the roof.
iii. If monopoles are necessary for the support of the antennas, they shall be located near existing utility poles, trees, or other similar objects; consist of colors and materials (e.g., metal or creosote wood) that best blend with their background; and have no individual antennas on the poles other than those approved with the subject Administrative Use Permit.
iv. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view, and placed underground or inside of the screening or monopole structure supporting the antennas.
v. The facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility, as determined by the Director.
c. Signs. Except for required or allowed safety-oriented signs, no facility shall display signs. The telephone numbers to contact in an emergency shall be posted on each facility.
d. Security. Every facility shall be secured from access to the general public by fencing, or other deterring device or means as the City may approve or require, so that the antenna is not an attractive nuisance.
e. Colors. The antennas, equipment, and supporting structure that are not completely screened shall be painted a single neutral, non-glossy color (e.g., earth tones, black, gray, and the like) to match or be compatible with the site and surrounding area, as determined by the Director.
3. Plans and permits.
a. All facilities shall be installed in accordance with the plans and building permit approved by the City. In addition to complying with the structural and electrical requirements of Chapter 15.02 of the CCMC, the plans filed with the building permit application shall include a site plan, drawn to scale, showing the location of all antennas, equipment and supporting structures, and site-specific information and details necessary for the City to determine compliance with all applicable provisions of this Chapter. The City may require supplemental information to be filed with the building permit application and basic site plan pursuant to this Subsection.
b. In addition to the above, plans filed for a facility shall include microwave interference and radiation data and specifications; all other information required to be filed with the Federal Communications Commission (FCC) in support of the required application for an FCC license, and any other plans and information the City deems relevant.
c. Once a building permit for a facility has been issued by the City, and installation pursuant thereto has started, all work and improvements per the approved plans and permit shall be completed within 6 months. Failure to complete the work and improvements within 6 months shall be grounds for the City to revoke the permit and require removal of the facility.
d. The City may condition any building permit for a facility, issued pursuant to this Section, upon the removal or modification of any other antennas on the site that are nonconforming with applicable Code requirements.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2022-008)