(A) Freestanding wireless facilities.
(1) Permitted districts.
(a) Freestanding monopole wireless facilities less than 35 feet in height are permitted in C-2 General Commercial and C-M Mixed Use Commercial zoning districts subject to approval of a conditional use permit.
(b) No lattice wireless facilities or guyed wireless facilities are permitted.
(c) Freestanding monopole wireless facilities are permitted in any zoning district, if the wireless facility is located on property owned by a governmental entity, including a school district or community college district, so long as such property is used for its governmental purposes.
(2) Collocation. Prior to approval, the applicant shall demonstrate an inability, or technical rationale, for not collocating the wireless facilities on an existing vertical element. The applicant shall provide the following information for town review:
(a) A comprehensive list of all existing vertical elements of within a two mile radius of the proposed site which are:
1. Of sufficient height to be used for wireless facility collocation, and
2. Eligible for collocation under town requirements.
(b) A written narrative statement explaining why collocation on the existing vertical elements identified according to division (a) above was not pursued or is not a viable alternative to the proposed site.
(c) Map exhibits displaying:
1. The existing gap in signal coverage of the new wireless facility will remediate, and
2. The projected signal coverage of the new wireless facility.
(d) Applicants shall cooperate and exercise good faith in collocating freestanding wireless facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation, and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.
(e) In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the town may require the permittee to obtain a third party technical study at permittee's expense. The town may review any information submitted by the permittee and other providers in determining whether good faith has been exercised.
(f) No collocation may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunications facilities or failure of the existing wireless facility to meet federal standards for emissions.
(g) Failure to comply with collocation requirements when feasible may result in denial of a permit request or revocation of an existing permit.
(3) Alternative structure designs.
(a) Freestanding monopole wireless facilities shall be alternative structure designs, (otherwise referred to as "stealth designs") in character with the surrounding area (e.g., a flagpole at a public building, a palm tree in an area with mature palm trees, a pine tree in an area with mature evergreen trees, a spire or steeple at a religious institution, an architectural tower element associated with a building, or a saguaro cactus in an area with other mature saguaro cacti); provided, however, that monopole may be permitted without alternative structure designs, if the applicant provides such information as necessary to determine that the character of the proposed monopole will blend in with the surrounding area (i.e. within the confines of an electrical substation containing other structures of similar height).
(b) Alternative tower structures shall be limited to 65 feet in height above the original grade, except a functioning security or recreational light pole shall have a height consistent with existing light poles or height usually allowed for such light poles. A greater height may be permitted by the Town Council upon further review.
(4) Ground equipment. Equipment cabinets shall not exceed eight feet in height and a building shall not exceed one story. Associated ground equipment shall be completely screened by dense landscaping and either (1) a masonry enclosure that meets the requirements of this zoning code, (2) a decorative cabinet as approved by the Town Manager. Equipment enclosures/cabinets which exceed four feet in height shall not be located within the required building setback area for the zoning district in which the facility is located. Setback and screening requirements may be waived by the Town Manager in instances where ground equipment is placed inside an existing walled electrical substation or similar facility which encroaches into a required setback. In no instance shall ground equipment be located within the public right-of-way.
(5) Setbacks. Freestanding monopole wireless facilities shall be set back from all property lines a minimum distance of one foot for each one foot of the monopole wireless facilities height above finished grade except that freestanding monopole wireless facilities located within electrical substations, receiving stations, or government facilities shall be exempt from setback requirements. For the purpose of determining whether a freestanding wireless facility complies with setback requirements, the dimensions of the entire lot shall control, even though the wireless facility may be located on leased parcels within such lot.
(6) Lighting. Artificial lighting of a wireless facility, including its components, is prohibited, unless otherwise required by the Federal Aviation Administration. A motion-sensor light may be used if the beam is directed downwards and shielded from adjacent properties.
(7) Safety.
(a) Security fencing, if any, shall not exceed six feet in height, except fencing shall be eight feet in height if screening a cabinet of such height. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.
(b) Anticlimbing features shall be incorporated into the freestanding wireless facility, as needed, to reduce potential for trespass and injury.
(8) Waiver of requirements. The Town Council may waive or modify requirements of this section only upon finding that strict compliance with the provisions of this chapter would result in noncompliance with applicable federal or state law. In this case, the Town Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements waived or modified.
(B) Structure-mounted wireless facilities.
(1) Permitted districts. Structure-mounted wireless facilities are permitted in all zoning districts subject to approval of the Town Manager.
(2) Alternative structures. Structure-mounted wireless facilities shall be alternative structures integrated into the design of the building as an integral architectural element or roof mounted and completely screened by the height of the parapet.
(3) Ground equipment. Associated ground equipment shall be located within the building upon which antennas are placed if technically feasible. Otherwise, equipment cabinets shall be screened from view by a wall or landscaping, as approved by the town. Any wall shall be architecturally compatible with the building or immediate surrounding area.
(C) Location of wireless facilities on existing or planned vertical elements.
(1) Vertical elements. Wireless facilities may be mounted on the following existing or planned vertical elements subject to approval of Town Manager:
(a) Utility provided electrical poles.
(b) Athletic field light towers.
(c) Other existing or planned vertical elements on which the mounting of antennas will not significantly alter the function and character of the structure as determined by the Town Manager.
(2) Height. Wireless facilities mounted on existing vertical elements shall not cause the height of the element to increase, except that wireless facilities mounted on electrical poles may extend up to 15 feet above the existing height of the electrical pole.
(3) Size. Wireless facilities mounted on existing elements shall utilize the smallest antenna and array sizes technically and reasonably feasible. The maximum increase in pole diameter from the existing pole by the replacement pole is 50%.
(4) Aesthetics. To the extent possible, all visible components of a wireless facility shall be finished or painted to match the existing vertical element, to minimize visual obtrusiveness, and shall not be illuminated unless otherwise required by state or federal regulations.
(5) Undergrounding. Wireless facilities located on power poles less than 69kV shall lose their right to operate and all components shall be removed when power lines are undergrounded as required of development projects occurring on properties abutting the wireless facility. This provision shall apply only to wireless facilities installed after the effective date of this subchapter.
(D) Small wireless facilities subject to zoning review pursuant to A.R.S. § 9-592, subparagraphs I and J.
(1) Utility poles. A new, replacement or modified utility pole (as that term is defined in the Wireless Facilities in the Right-of-Way Standard Terms and Conditions adopted pursuant to § 155.03 of the Town Code) that is associated with the collocation of small wireless facilities is not permitted in the public right-of-way if the pole exceeds the greater of either:
(a) Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017, that is located within 500 feet of the new, replacement or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the town, but not more than 50 feet above ground level.
(b) Forty feet above ground level.
(2) Wireless facilities. New small wireless facilities collocated on a utility pole or wireless support structure are not permitted in the public right-of-way if they extend more than ten feet above the utility pole or wireless support structure or exceed 50 feet above ground level.
(Ord. O2020.26, passed 8-27-2020)