(A) General. The following provisions shall govern the issuance of permits for towers or antennas:
(1) If the wireless communication facility is not a permitted use, then an administrative approval or a use permit shall be required for the construction.
(2) Applications for administrative approvals and use permits for a wireless communication facility shall be subject to the procedures and requirements for use permits generally, except as modified in this section.
(3) Fees for applications under this section are listed in the Town Zoning Regulations Fee Schedule set forth in Appendix A to this chapter.
(4) All use permit or administrative review approvals for new wireless communication facilities shall be granted for a maximum period of ten years with staff review after five years. The applicant/structure owner shall be responsible for initiating an administrative renewal and possible extension of the approved wireless facility and shall demonstrate that changes in technology, that are economically feasible, have not eliminated the need for the facility as approved. Applications for collocation on existing structures shall be set for a period of time so that the expiration date for the collocation expires simultaneously with the structure. If an extension is denied by the Zoning Administrator, the applicant may appeal the decision to the Planning and Zoning Commission and Town Council, by applying for a use permit.
(5) In granting approval of an application, the town may impose conditions to the extent that such conditions carry out the purposes of this section.
(6) Any information of an engineering nature that the applicant submits shall be certified by an Arizona licensed professional engineer.
(7) No new wireless communication facilities within 1,000 feet of any residences, including single and multiple-family residences and residential facilities, such as group homes and nursing homes, with the exception of attached antenna and concealed antenna sites that do not exceed ten feet above the maximum building height of the applicable density district, which will be reviewed on a case-by-case basis. For those wireless communication facility sites exceeding ten feet above the maximum building height for their density district, there shall be a ten-foot setback for every one foot in tower height from existing residences with a minimum setback of 1,000 feet required.
(8) No new wireless communication facilities shall be installed within unique or scenic areas/sites identified within the community plan area.
(9) No new wireless communication facilities shall be installed in any area that may mar mountain views, or visually sensitive areas, from any direction unless the facility uses arrays, pole diameters, shapes and colors that shall blend it with other similar vertical objects and not be intrusive in its setting or obtrusive to views.
(10) The Zoning Administrator is authorized to employ, on behalf of the town, an independent technical expert to review any technical materials submitted, including but not limited to those required under this section, and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of the review.
(11) Prior to applying for a new facility, the applicant shall meet with community groups and interested individuals who reside or own property within 1,000 feet of the proposed site to explain the proposed project. The purpose of these meetings is to inform and educate the community on wireless communications, and the restrictions placed on the town by the Federal Telecommunications Act of 1996, as well as to solicit suggestions from these groups about the applicant's proposal and impact mitigation measures. Applicant shall make a concerted effort to incorporate the community suggestions for impact mitigation generated by the meetings and describe the efforts in the application. Applicant shall be prepared to discuss information, including but not limited to technical aspects and visual aspects, including alternative sites and designs. Applicant shall provide detailed meeting minutes, copy of all materials delivered or received, and documentation of who attended the meetings from the community organization.
(B) Performance criteria.
(1) (a) The order of preferences for wireless communication facilities is, from most preferred to least preferred:
1. Collocation on an existing facility or electrical utility pole;
2. Attached antennas on an existing verticality;
3. New sites located on public lands at least 5,000 feet from private land;
4. New concealed or attached antenna sites located on/at public or quasi-public facilities;
5. Concealed sites;
6. New towers/facilities under 99 feet;
7. New towers/facilities 100 feet to 199 feet; and
8. New towers/facilities 200 feet and over.
(b) New facilities shall use the most preferred facility type where technically feasible, even if it results in an increase in the number of facilities, or a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact than the use of more preferred facilities.
(2) The following characteristics are deemed consistent with the purposes of this section and will be afforded favorable weight in considering the application:
(a) Sites located on public lands;
(b) Existing structures will be preferred over new structures;
(c) New structures which appear to be structures commonly found within that zoning district are preferred over apparent wireless structures;
(d) Wireless communication facilities which cannot be readily observed from adjacent streets;
(e) Structure heights which do not exceed the height limitations for that zoning district. When heights may exceed an adjacent jurisdiction's height restrictions, that jurisdiction(s) will be notified of the application;
(f) Collocation of all licensed carriers for the town on a single wireless communication facility in remote locations will have significant favorable weight in evaluating the application;
(g) Network development plans which achieve the fewest number of wireless communication facilities of all providers reasonably necessary for commercial coverage;
(h) Location in the least restrictive zoning district, starting with industrial; and
(i) Suitability of the location for collocation of governmental public service wireless communication facilities.
(C) Review procedures.
(1) (a) Administrative review. Applications for collocation of antennas on and equipment at an existing, permitted wireless communications facility, shall be subject to review and approval by the Zoning Administrator. Applications to place antennas on top of, or attached to, an existing or replaced utility/power pole which does not extend the height of the existing pole by more than ten feet shall also be evaluated by the administrative review process. A decision shall be rendered to approve or deny within 14 days of submittal of a complete application. If an administrative review application is denied by the Zoning Administrator, the applicant may then apply for a use permit, and appeal the decision before the Planning and Zoning Commission and Town Council, if desired.
(b) Application requirements. The following shall be submitted with each administrative review application:
1. Completed hearing application submittal form, letter of authorization, and permission to enter property letter as contained in the application procedures information packet;
2. An updated Provider's Communication Plan, including any proposed changes in the service areas, antennas, towers and policy direction;
3. The zoning classification of the site;
4. Plans showing elevation drawings of the exterior of each element of the proposed wireless communication facility, method of fencing, coloration and landscaping;
5. Certification that the wireless communication facility, as represented in the application, will comply with all FAA, FCC and other applicable regulations;
6. Copies of all wireless telecommunication licenses for all providers who will use the facility at the time of filing the application; and
7. Copy of signed, redacted lease agreement with landowner.
(2) (a) Administrative review with comment period. Applications for new wireless communication facilities that do not exceed ten feet above the maximum height allowed in that density district, or sites on public lands located at least 5,000 feet from the nearest privately owned land, would be subject to administrative review with a 21-day public comment period. Surrounding property owners and community organizations shall receive notice of the application. If an administrative review with comment period application is denied by the Zoning Administrator, the applicant may then apply for a use permit, and appeal the decision before the Planning and Zoning Commission and Town Council, if desired.
(b) Application requirements. The following is to be submitted with each administrative review with comment period application:
1. All material associated with the submittal of an administrative review application as stated above, in addition to the following;
2. A mailing list of all property owners within 1,000 feet of the facility site, and pre-addressed envelopes affixed with first class postage to each property owner;
3. A map showing the adjacent roadways, and proposed means of legal access;
4. RF propagation maps showing the coverage areas of the proposed site and how it interacts with the coverage areas of connecting sites;
5. The setback distance between the proposed wireless communication facility, the nearest residential unit and/or the nearest residential zoned, privately owned properties;
6. Certification of whether the applicant is applying for collocation treatment, and how many carriers could be accommodated on the facility with adequate signal coverage;
7. Certification that no town or other municipal owned site or existing wireless facility reasonably meets the needs of the applicant, listing all such sites within five miles of the proposed site and the reason each is not physically adequate for reasonable commercial coverage, or not economically feasible for location;
8. A visual analysis, which may include photo simulations, field mock-ups or other techniques which identify the potential visual impacts of the proposed facility. Photo simulations shall be provided from the three closest residences within one-half mile of the proposed site and from the closest collector or arterial street. The Zoning Administrator may, at his or her discretion, request additional photos from specific vantage points; and
9. Attendees list, minutes and information obtained from required community meeting.
(3) (a) Use permit. Any new wireless communication facility that exceeds ten feet above the maximum height allowed in the density district, or does not meet all of the criteria to be allowed in the administrative review processes, shall require a use permit.
(b) Application requirements. The following is to be submitted with each use permit application:
1. All material associated with the submittal of an administrative review with comment period application as stated above, in addition to the following;
2. A completed use permit application packet;
3. A mailing list of all property owners within the distance required from the facility site, as indicated in the table below, and pre-addressed envelopes affixed with first class postage to each property owner;
Notification Required by Tower Height
| |
99 feet and under | 1,000 feet radius |
100 to 199 feet | 2,500 feet radius |
200 feet and above | 5,000 feet radius |
4. RF frequency propagation maps showing the coverage areas of the proposed site and how it interacts with the coverage areas of connecting sites. If the applicant is seeking collocation of multiple carriers, the RF propagation coverage maps should also include on a separate map, the coverage areas obtained from the lowest collocation point on the tower;
5. Certification that policing, fire departments, public safety, water and local governments having jurisdiction within five miles of the site have been notified of the application;
6. The applicant shall submit a visual analysis, which may include photo simulations, field mock-ups, or other techniques which identify the potential visual impacts of the proposed facility. Photo simulations shall be provided from the five closest residences within two miles of the proposed site and from the closest collector or arterial street. The Development Services Director or Zoning Administrator or his/her designee may at his or her discretion, request additional photos from specific vantage points;
7. A written narrative/explanation of why it is necessary that the proposed wireless communications facility be located in the proposed location, and why it will exceed the maximum height allowance for the zoning district in which it is proposed. If the explanation is based on coverage maps, structural calculations, lease amounts, or any other information pertinent to the need for the structure or additional height, this information shall be included as appendices to the narrative.
(4) Standards. In addition to any standards for consideration of use permit applications, the following shall be considered in determining whether to issue a use permit or administrative approval: height proposed, proximity to other uses, historic sites, landmarks, vehicle traffic routes, medical facilities, air routes, topographical features, utilities, access, suitability of alternative sites and visual impact.
(Ord. § 605(G), passed 9-4-2008)