(1) Allow communications providers to administer limited frequency and modulation testing to evaluate system performance and the need for additional wireless communications facility sites. Any approval shall not exceed 30 days.
(2) Allow communications providers to supplement communications coverage when a previously permitted wireless communications facility has become involuntarily non-operational through an accident or force majeure. Any approval shall not exceed 30 days.
(3) Address a substantial increase in the communications needs of the businesses, residents, and visitors of the city for a limited period of time in circumstances where an emergency has been declared by the city, state or federal government. The approval shall not extend beyond the time of the declared emergency.
(4) Address a substantial increase in the communications needs of the businesses, residents, and visitors of the city for a limited period of time in circumstances when large conferences or special events are held within the city limits. The approval shall not exceed 14 days.
(5) Allow providers to maintain uninterrupted wireless communication service through the use of temporary wireless facilities during extended periods of time due to substantial maintenance or capital projects undertaken or caused by the city. The approval shall not exceed the duration agreed to by the city and the affected wireless provider(s).
(6) Allow providers to maintain uninterrupted wireless communication service resulting from what the Director determines to be unforeseen circumstances and/or needs for temporary alternative wireless communication facilities. The approval shall not exceed the duration agreed to by the city and the affected wireless provider(s).
(7) The Director may permit one extension equal to the time periods permitted above, provided the extension is requested in writing prior to the expiration of the original approval period. Extensions may be granted provided the Director finds that the extension is reasonably necessary to resolve or accommodate the reasons for the original approval.
(B) Application and approval.
(1) Due to the emergency nature often associated with temporary wireless facilities, authority to locate a temporary wireless communications facility in the city will be subject to the approval of the Director after review by any other members of the Administrative Review Team that the Director deems necessary following receipt of a completed application for a temporary wireless communications facility.
(2) A temporary wireless communications facility may only be approved by the city for the limited purposes and time periods described in division (A) of this section.
(3) Except as authorized by the Director during declared emergencies, all approved temporary wireless communications facilities shall:
(a) Be limited in height by the requirements of the zoning district in which the site is located. The Director may permit a greater height if the height is required for the function of the temporary wireless communications facility and no other reasonable alternative exists.
(b) Be set back a minimum of 100 feet from any adjoining or adjacent property line, as measured from the nearest part of the facility and/or any associated equipment. The Director may permit a lesser setback if the location is required for the function of the temporary wireless communications facility and no other reasonable alternative location exists.
(c) Minimize the visual impact of ground equipment to adjoining or adjacent properties.
(d) Provide temporary screening as may be required by the Director, such as available natural land formations, plant materials, and natural foliage to effectively screen from view as much of the temporary wireless communications facility as reasonably possible.
(e) Only commence installation at the approved site 48 hours before actual site use may begin.
(f) Be completely removed from the approved site with all site restoration finalized and returned to previously existing conditions within 48 hours following the required termination deadline or extension.
(g) Not use an electric, gas, or other type of generator that causes or permits any noise to emanate from it in a manner, intensity, and/or duration to create unreasonable noise or sound audible from a distance of 50 feet, and causes inconvenience and annoyance to persons of ordinary sensibilities.
(h) Not be illuminated unless otherwise required by the FCC or the FAA.
(i) Be required to comply with the applicable provisions of § 99.05(C)(3) and all applicable federal, state or local laws.
(4) Applications for the location of a temporary wireless communications facility shall include the following, unless deemed unnecessary by the Director:
(a) A statement of authorization from the owner of the real property upon which the temporary wireless communications facility is proposed to be located that authorizes the location of the temporary wireless communications facility.
(b) A list of all property owners and registered homeowners associations and their addresses within 150 feet of the proposed temporary wireless communications facility site. The city may require the applicant to provide adjacent property owners with a descriptive notice of the proposed temporary wireless communications facility, site plan, and the anticipated dates of operation.
(c) A description of the proposed facility and all associated equipment, including structural design, proposed height, color, location, fencing and/or screening, and approximate setback from property lines.
(d) Typical elevations or photographs indicating the general appearance of the temporary facility.
(e) A site plan or aerial photo generally indicating the location and setbacks of the temporary facility.
(f) Any other information that the Director may deem reasonably necessary to adequately evaluate the request.
(Ord. 19-13, passed 3-25-13; Am. Ord. 41-18, passed 6-25-18) Penalty, see § 99.99