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The principal purpose for the personal wireless communications facilities (PWCF) regulations is to create standards for the construction of a personal wireless communications infrastructure that provides adequate communications services for the citizens of the city while preserving the health, safety, welfare and aesthetic values of the community. The city emphasizes the use of the latest technologies that are sensitive to the minimization of visual clutter, minimizes the impact on the design features of buildings, and will preserve scenic view sheds and major gateways of the city. Individual residential end users receiving communication signals at their home through duly authorized unlicensed consumer electronic devices are exempt from these regulations.
(Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010)
All applications, unless specifically stated in this article, are required to include:
(A) Service area map. The applicant shall provide a map showing their full personal wireless communications network within a mile radius of the city. The map shall provide the location, mounting type and height of each network structure. The map shall also include arterial streets, state and federal highways and the locations of any proposed or potential new locations for any personal wireless communication facilities for the applicant’s network. Subsequent applications will require the submission of any alterations made to the network map initially submitted to the city. The horizontal location of all facilities shall be tied in/referenced to the North American Datum of 1927 (NAD27). The vertical elevation of all facilities shall be tied in/referenced to the National Geodetic Vertical Datum of 1929 (NGVD29);
(B) Site plan drawn to 20:1 scale. The site plan must show the building(s) on the site, on-site parking, surrounding parcels, parcel dimensions, property lines, right-of-way distances to centerline of the adjacent street(s), names of all adjacent streets, distances between the wireless facility and any structures and rights-of-way and easements within 150 feet, north arrow and scale, type and location of all landscaping and the irrigation source;
(C) Easements. Copies of any necessary, recorded easements for accessing the property;
(D) Authorization from the property owner of record to use the property. To be authorized, the applicant must submit a copy of an executed lease or a signed and notarized statement from the property owner;
(E) Environmental impact analysis. All personal wireless communication facilities located within a historic district, wetland area, national heritage area or other environmentally sensitive location must submit an environmental impact analysis that certifies that the facility complies with the National Environmental Policy Act;
(F) Conformity to all applicable state and federal regulations. All personal wireless communications facilities must conform to all applicable state and federal regulations; and
(G) Required information. If the proposed facility transmits in any way, the facility will require the review and written comment of the Marine Corps Air Station (MCAS) if it is located within the specified distances of MCAS and has the maximum power output delineated in Table No. 9. In accordance with the safe operations of the Marine Corps Air Station (MCAS), all transmitter applications that require the review of MCAS must submit the following information:
(1) The longitude and latitude of the location of the proposed personal wireless communications tower;
(2) The mean sea level (MSL) elevation of the site where the communication tower will be located;
(3) The transmission frequencies to be used by the facility; and
(4) The power output of the proposed facility.
(Ord. O2000-35, passed 6-21-2000; Ord. O2002-09, passed 2-20-2002; Ord. O2010-32, passed 7-7-2010; Ord. O2018-014, passed 8-1-2018)
(A) All ground level base stations/equipment cabinets and associated equipment, greater than 75 cubic feet, must be enclosed by a six foot tall or higher painted or stucco masonry wall to screen it from view. Screen walls shall be landscaped with a five foot wide perimeter area according to the landscaping requirements for screening per § 154-20.04.
(B) All roof top mechanical and electronic devices, base stations or similar equipment must be screened from view through the use of a masonry screen wall, parapets or other architectural devices. Rooftop screening shall be considered adequate if it screens all of the base station(s) and associated mechanical and electronic equipment from the view of a pedestrian located at any point on the sidewalk on the opposite side of any adjacent street and at any point on the interior property lines of the subject parcel that do not abut a public right-of-way.
(C) All personal wireless communications facilities must be setback equal to the setback of the principal building on the site or 20 feet from the proposed right-of-way line (as defined by the Major Roadways Plan), whichever is greater.
(D) No personal wireless communication facilities are permitted on any building designated as an individual landmark or are located within a historic district unless such personal wireless communication facilities are approved through the Design and Historic Review Commission.
(Ord. O2009-54, passed 10-21-2009)
(E) No personal wireless communication facilities are permitted on any building within an Aesthetic Overlay (AO) Designation unless such personal wireless communication facilities are approved through the Design Review Commission.
(F) Panel, whip and other low impact antenna are encouraged.
(G) No signage, other than required identification and safety signage, is permitted on any personal wireless communication facilities.
(H) Lighting of any personal wireless communication facility is prohibited unless required by another public agency.
(I) The owner of any personal wireless communication facility must provide the city with a copy of the notice to the FCC of intent to cease operations. Any personal wireless communication facilities and all associated materials not in use for one year must be removed by the owner and the site must be returned to a state compatible with the surrounding vegetation and/or structure at the owners expense.
(J) The owner of any personal wireless communications facility shall notify the city of the change of ownership for any personal wireless communications facility and the notice must include the contact name, address and phone number of the new owner.
(K) The use of lattice towers is discouraged and towers requiring guy wires are not permitted. Monopoles painted to reduce the visual impact and contrast are preferred.
(L) Unless specifically stated, all personal wireless communications facilities are limited by the height limitations of the district in which the property is located.
(M) Legal nonconforming personal wireless communications facilities established prior to this article may continue operation. However, no expansion of the use is allowed until those facilities are brought into compliance with this section. Any personal wireless communication facilities and all associated materials not in use for one year must be removed by the owner and the site must be returned to a state compatible with the surrounding vegetation and/or structure at the owners expense. A change in the principal use of the parcel will require the personal wireless communications facility to be brought into compliance with this section.
(N) Co-location on public facilities cannot interfere with public safety transmission purposes or diminish the security of public assets.
(Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010; Ord. O2018-014, passed 8-1-2018)
(A) In addition to the general application requirements listed in § 154-19.02, the following information shall be submitted:
(1) A statement of intent to lease space for co-location for any new or replacement monopoles or lattice towers over 40 feet in height. Said statement is to contain the number of providers that can be accommodated on the tower and list the number and type of additional antennas the tower will support if any additional space is available; and
(2) Those structures requiring a conditional use permit only are required to submit a visual study depicting “where within a 600 foot radius any portion of the monopole or lattice tower could be seen” and a narrative describing in layman terms the reasons for selecting a monopole or lattice tower and a list of all feasible alternatives, including alternative sites considered in the site search, attempts to co-locate on existing buildings, rooftops, right-of-way structures or other structural features and the factors that have eliminated their consideration.
(B) In addition to the general development standards listed in § 154-19.03, the following development standards shall apply:
(1) Limited to 100 feet in height as measured from the lowest grade of the site adjacent to the tower to the highest point of the device;
(2) A minimum separation of 600 feet distance shall be maintained between the new monopole or lattice tower and any existing freestanding towers or monopoles;
(3) All monopoles or lattice towers must be setback a minimum one foot for every one foot in height of the structure (1:1) from any residential use or zone, or any hillside;
(4) All equipment and monopoles or lattice towers must be setback equal to the principal building on the site or at least 20 feet from the proposed right-of-way line, as determined by the Major Roadways Plan, whichever is greater; and
(5) All antenna arrays shall be limited to a maximum eight foot diameter.
(Ord. O2000-35, passed 6-21-2000; Ord. O2002-09, passed 2-20-2002; Ord. O2010-32, passed 7-7-2010)
(A) Permit length limitations. The following permit length limitations shall apply to temporary mobile personal wireless communication units. All temporary unit locations may be used for a period not to exceed 60 days. A request for an extension may be submitted in writing to the Zoning Administrator for a one time 60-day extension. The provider may not locate another temporary unit within a 600-foot radius of this location for one year after the expiration of the temporary permit. All temporary units require Zoning Administrator approval.
(B) Abbreviated application requirements. Due to the temporary nature of these units, the following abbreviated application requirements apply:
(1) Site plan drawn to 20:1 scale. The site plan must show the building(s) on the site, on-site parking, surrounding parcels, parcel dimensions, property lines, right-of-way distances to centerline of the adjacent street(s), names of all adjacent streets, distances between the temporary wireless facility and any structures and rights-of-way and easements within 150 feet, north arrow and scale, and location of all landscaping; and
(2) Written authorization. The applicant shall provide the city with written authorization from the owner of record to use the property. To be authorized for use the applicant must submit a copy of an executed lease or a signed and notarized statement from the property owner.
(C) Site and structural requirements for temporary mobile personal wireless communication units.
(1) All temporary facilities must be setback from the property line, zoning demarcation line or roadway right-of-way line a distance of one foot for every one foot in structure height from a residential use or zone or an arterial street, state or federal highway.
(2) The temporary tower can be no higher than 65 feet in height (measured from the lowest point of natural grade of the lot it is located on to the highest point of the unit) and cannot interfere with any required parking or access to the lot or surrounding lots.
(3) All antenna arrays are limited to a four foot maximum diameter.
(Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010)
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