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(A) Information to be submitted. In addition to the general application requirements listed in § 154-19.02, the following information shall be submitted:
(1) Elevations from each cardinal direction drawn to scale;
(2) A rooftop plan, drawn to scale, showing all appurtenances, their dimensions and the percentage of the roof area used; and
(3) A visual study showing how the base station/equipment cabinet will be screened from the view of a pedestrian on the opposite side of any adjacent public rights-of-way and from any side and rear property lines.
(B) Development standards. In addition to the general development standards listed in § 154-19.03, the following development standards shall apply:
(1) No one antenna or base station can be greater than 10% of the roof area and total roof appurtenances cannot exceed 25% of the roof area;
(2) Roof-mounted base station and associated equipment must be screened from the view of a pedestrian on the opposite side of any adjacent public rights-of-way and from any side and rear property lines;
(3) A roof-mounted antenna or related base station may be 20 feet high or the height of the antenna or related base station may be equal to or less than the value of 0.5% of the building footprint, whichever is taller, not to exceed 100 feet total height or the building height limitations of the zoning district, whichever is lower. The building footprint is defined as the gross first floor square footage of the building. Attached parking structures, shade structures and the like are not considered a part of the building footprint unless they are enclosed by walls and a roof structure (i.e., a building with a 10,000 square foot building footprint would be permitted to install a 50 foot high wireless facility (0.005 x 10,000), subject to the height limits of the zoning district);
(4) Buildings which exceed the height limitations of the district that they are located in at the time of the enactment of this article, may place a personal wireless facility on the roof, not to exceed 20 feet in height above the roof, subject to the remaining requirements of this article;
(5) No roof surface may be extended for the sole purpose of achieving additional antenna height. An increase in the building footprint may allow for additional antenna height; and
(6) All roof-mounted antenna arrays are limited to a four foot maximum diameter except for those antennas located in Industrial Districts where antenna arrays are limited to an eight foot maximum diameter.
(C) Encouraged and prohibited structures.
(1) Whip antennas and other unobtrusive antennas are encouraged.
(2) Lattice towers are permitted for roof-mounted personal wireless facilities only in Industrial Districts and the General Commercial (B-2) District except when the Aesthetic Overlay District is applied to properties with such zoning. In those instances lattice towers are not permitted for roof-mounted personal wireless communications facilities and in all other locations the use of lattice towers is prohibited.
(Ord. O2000-35, passed 6-21-2000; Ord. O2002-09, passed 2-20-2002; Ord. O2010-32, passed 7-7-2010)
(A) In addition to the general application requirements listed in § 154-19.02, the following information shall be submitted:
(1) An elevation, drawn to scale, of the wall the antenna is to be mounted to; and
(2) A cross section of the wall, drawn to scale, showing the protrusion of the antenna and associated materials.
(B) In addition to the general development standards listed in § 154-19.03, the following development standards shall apply.
(1) All wall-mounted antennas, except for wall strapped facilities, on any facade, may not protrude more than 12 inches from the wall and must be painted and textured to blend with the wall that it is attached to.
(2) All wall-mounted antennas on any facade, except for wall strapped facilities, must be located a minimum of 12 inches below the roof line.
(3) Wall strapping is permitted only in the Industrial Districts and the General Commercial (B-2) District and size is strictly limited to monopoles of a two inch diameter or less and lattice structures of a 24-inch diameter or less (see permitted uses). The height of the strapped structure may be 20 feet high or the height of the antenna or related base station may be equal to or less than the value of 0.5% of the building footprint, whichever is taller, not to exceed 100 feet total height or the building height limitations of the zoning district, whichever is lower. Any structures that are strapped to an exterior wall for support and exceed the roof line must be located the greatest distance possible from any adjacent public right-of-way.
(4) No existing roof line may be altered solely to accommodate additional antenna height.
(5) Only panel or whip antenna are permitted for direct mounting to a wall surface. Wall strapped facilities may use a wire parabolic/dish antenna. Antenna arrays for wall strapped facilities shall be limited to a two foot maximum diameter.
(Ord. O2000-35, passed 6-21-2000; Ord. O2002-09, passed 2-20-2002; Ord. O2010-32, passed 7-7-2010)
(A) In addition to the general application requirements listed in § 154-19.02, the following information shall be submitted. Elevations from all exterior sides drawn to scale showing the building prior to and after installation or elevations drawn to scale showing the plant or natural feature that the facility will mimic from four cardinal directions.
(B) In addition to the general development standards listed in § 154-19.03, the following development standards shall apply:
(1) Must be capable of mimicking an indigenous plant form, natural feature or existing architectural feature. All concealed and disguised facilities are subject to the approval of the Zoning Administrator. The decision of the Zoning Administrator may be appealed to the Design and Historic Review Commission;
(Ord. O2009-54, passed 10-21-2009)
(2) Concealed/disguised personal wireless communication facilities may add up to 12 feet to the height to any architectural feature and/or may increase the area of the structure up to 20% of its original size. All altered architectural features are subject to the height limitations of the zoning district in which the property is located;
(3) All disguised and concealed personal wireless communications facilities must blend into the existing environment to the greatest degree possible. Architecture or natural materials used to mimic colors, plants or vegetation found native to southwest Arizona;
(4) All personal wireless communications facilities disguised as natural features cannot exceed the normal size and bulk of the mimicked plant or feature; and
(5) Any disguised freestanding towers must be set back a minimum one foot for every one foot in height of the structure (1:1) from any residential use or zone, arterial street, state or federal highway or any hillside (slope of 10% or greater).
(Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010)
(A) Definitions. For the purposes of this section, the following definitions apply:
AFFILIATE. A person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with a cable operator or a telecommunications corporation.
ALLOWED WI-FI RADIO EQUIPMENT. Radio equipment that uses only unlicensed radio spectrum and that enables wireless communication with a communications network for unlicensed services such as Wi-Fi service.
CABLE OPERATOR. A person that is issued a license by the city pursuant to City of Yuma Ordinance O95-077 to construct, operate, and maintain a cable television system in public streets, roads and alleys.
MICROCELL EQUIPMENT. Devices that are connected to the aerial facilities of a person specified in division (C) of this section and that are used solely for transmitting, processing and receiving voice and data wireless telecommunications services. Microcell equipment does not include any ground-based equipment.
QUALIFIED SERVICE PROVIDER. A person that has all applicable authorizations required to provide commercial mobile radio service using microcell equipment.
SMALL CELL. A personal wireless communication facility that meets both of the following qualifications:
(a) Each individual antenna. excluding the associated equipment (as defined below) that is part of the facility must fit within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is individually no more than three cubic feet in volume, and all antennas on the pole are located inside an enclosure (or if the antennas are exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) of not more than six cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively not more than 21 cubic feet in volume. Vertical cable runs for the connection of power and other services are the only types of associated equipment that are not included in the calculation of equipment volume for purposes of this definition.
UTILITY POLE. A pole or similar structure and attached appurtenances, including strand, that is designed for telecommunications, cable, data, or electric functions.
(B) Antennas and personal wireless communications facilities. No antennas or personal wireless communications facilities are allowed in public highways, public streets, roads or alleys in the city, except for the following facilities:
(1) Allowed Wi-Fi radio equipment;
(2) Microcell equipment;
(3) Small cells;
(4) Facilities that meet the requirements of eligible facilities requests;
(5) Facilities that are granted waiver requests.
(C) The persons listed in divisions (C)(1) and (2) of this section may install, operate and maintain allowed Wi-Fi radio equipment with approval of an application if they satisfy the conditions in division (C)(3) and (4) of this section below:
(1) A cable operator or its affiliate may attach allowed Wi-Fi radio equipment to its cable television system in public streets, roads and alleys in the city; and
(2) A provider that holds a wireless facilities license from the city may attach allowed Wi-Fi radio equipment to existing facilities in the public highways in the city to the extent allowed by the provider's wireless facilities license.
(3) All of the allowed Wi-Fi radio equipment at a single location shall fit within a fifteen-by-fifteen-by-fifteen-inch (15" x l5" x l5") cube; and shall also meet at least one of the following conditions:
(a) Be contained entirely within a ground-mounted pedestal otherwise allowed by the license;
(b) Be connected directly to and mounted at the same height as one of the provider's or cable operator's aerial horizontal conductors otherwise allowed by the license;
(c) Be connected directly to and co-located by the provider on the provider's existing utility pole or similar structure otherwise allowed by the license;
(d) Be connected directly to and mounted on existing utility poles or similar structures that is used in whole or in part for communications services, electric distribution, lighting or traffic signals; or
(e) Be contained entirely within a ground-mounted pedestal, with the authorization of the pole or pedestal owner.
(4) Other development standards. The allowed Wi-Fi radio equipment must comply with general development standards in division (G).
(D) The persons listed in divisions (D)(1), (2) and (3) of this section and their affiliates may install, operate, and maintain microcell equipment in the city's public highways with approval of an application, if they satisfy the conditions in divisions (D)(4), (5) and (6) of this section below:
(1) A telecommunications corporation;
(2) A telecommunications corporation described in § 92-15(B) of the City Code; and
(3) A cable operator.
(4) The person's microcell equipment at each site is limited to:
(a) Not more than two strand-mounted antennas and radio pairs that are owned by a person specified in division (C) of this section or a qualified service provider and that are used to provide commercial mobile radio service.
(b) Related devices that are owned by a person specified in division (C) of this section and that are mounted on strand between utility poles, including power supplies, housings, cables and similar supporting furnishings and improvements.
(5) Only a qualified service provider may use microcell equipment to provide commercial mobile radio service.
(6) Other development standards. The microcell equipment must comply with the general development standards in division (G).
(E) A small cell may be installed, operated, and maintained in the public highways in the city with approval of an application, if the small cell satisfies the following conditions:
(1) It is installed only on an existing utility poles or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals;
(2) No new monopoles or replacement poles are proposed;
(3) There is no more than one small cell per pole;
(4) There is a minimum separation between small cells of 500 feet;
(5) All associated equipment is installed in an underground vault;
(6) It complies with the general development standards in division (G).
(F) Application requirements.
(1) Applications for allowed Wi-Fi radio equipment must include:
(a) Make, model, dimensions, color, weight and technical information of the proposed radio equipment;
(b) Specific information on the proposed location of the installation (including nearest street address or intersection);
(c) Photo simulations and site plans drawn to 20:1 scale depicting the proposed installation;
(d) Evidence that the radio equipment complies with FCC radio frequency emissions standards;
(e) Evidence the applicant meets the qualifications in divisions (C)(1) or (2) of this section;
(f) A sworn statement that the radio equipment will use only unlicensed radio spectrum;
(g) A sworn statement describing the services that will be provided using the radio equipment;
(h) Evidence of authorization of the affected strand/pole/pedestal owner, if the applicant is not the owner;
(i) The information required by § 154-19.02(A), (E), (F), and (G); and
(j) If the applicant intends to make the same installation at multiple locations within the same zoning district, the applicant may submit a single application for up to 10 locations, provided that the information required by divisions (b), (c) and (h) is submitted for each location.
(2) Applications for microcell equipment must include:
(a) Make, model, dimensions, color, weight and technical information of proposed microcell equipment specified in division (D)(4) of this section;
(b) Specific information on the proposed location of the installation (including nearest street address or intersection);
(c) Photo simulations and site plans drawn to 20:1 scale depicting the proposed installation;
(d) Evidence that the microcell equipment complies with FCC radio frequency emissions standards;
(e) Evidence the applicant meets the qualifications in divisions (D)(1), (2) or (3) of this section and has license or other authorization to use the city's public highways for the proposed installation;
(f) A sworn statement that the microcell equipment will be used by a qualified service provider solely for transmitting, processing, and receiving voice and data wireless telecommunications services that are commercial mobile radio services, and identifying such qualified service provider(s);
(g) Identify the owner of the microcell equipment. If the owner is not the applicant, provide evidence that the owner is a qualified service provider;
(h) Evidence of authorization of the affected strand/pole/pedestal owner, if the applicant is not the owner;
(i) The information required by § 154-19.02(A), (E), (F), and (G); and
(j) If the applicant intends to make the same installation at multiple locations within the same zoning district, the applicant may submit a single application for up to 10 locations, provided that the information required by division (b), (c) and (h) is submitted for each location.
(3) Applications for a small cell must include:
(a) Make, model, dimensions, color, weight and technical information of proposed small cell and associated equipment specified in division (E) of this section;
(b) Specific information on the proposed location of the installation (including nearest street address or intersection);
(c) Photo simulations and site plans drawn to 20:1 scale depicting the proposed installation;
(d) Evidence that the small cell complies with FCC radio frequency emissions standards;
(e) A sworn statement that the small cell equipment will be used by a qualified service provider solely for transmitting, processing, and receiving voice and data wireless telecommunications services that are commercial mobile radio services, and identifying such qualified service provider(s);
(f) Identify the owner of the small cell. If the owner is not the applicant, provide evidence that the owner is a qualified service provider;
(g) Evidence the applicant has pertinent licensing and/or certification required by federal and state licensing authorities, which are required for said operators of small cells and to use the city's public highways for the proposed installation;
(h) Evidence of authorization of the affected pole owner, if the applicant is not the owner; and
(i) The information required by § 154-19.02(A), (E), (F), and (G).
(G) General development standards applicable to all personal wireless communications facilities in public highways.
(1) No personal wireless communication facilities are permitted on public highways facing any building designated as an individual landmark or located within a historic district unless such personal wireless communication facilities are approved through the Design and Historic Review Commission.
(2) No personal wireless communication facilities are permitted on public highways facing any building within an Aesthetic Overlay (AO) Designation unless such personal wireless communication facilities are approved through the Design and Historic Review Commission.
(3) No signage, other than required identification and safety signage, is permitted on any personal wireless communication facilities on public highways.
(4) Lighting of any personal wireless communication facility on public highways is prohibited unless required by another public agency.
(5) The owner of any personal wireless communication facility must provide the city with a copy of any 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 owner's expense.
(6) 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.
(7) Unless specifically stated, all personal wireless communications facilities on public highways are limited to lesser of either:
(a) Ten feet in height above the tallest utility pole, other than a utility pole supporting only wireless facilities, that is in place as of January 1, 2018. that is located within 300 feet of the proposed location, and that is in the same right-of-way; or
(b) The height limitations of the zoning district in which the public highway is located.
(8) All personal wireless communications facilities on public highways must meet all applicable laws, codes, local code provisions and regulations that concern public safety and accessibility.
(9) All personal wireless communications facilities on public highways must be disguised and concealed to blend into the existing environment to the greatest degree possible.
(10) All personal wireless communications facilities on public highways must have a license to use the public highways.
(H) Waiver. A waiver from the restrictions or requirements in this section may be granted by the city, upon the request of the applicant, where the applicant demonstrates that such restriction or requirement unreasonably discriminates among providers of functionally equivalent services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. § 332(c)(7)(B)(i)(I)) or prohibits or has the effect of prohibiting the provision of wireless communications services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. § 332(c)(7)(B)(i)(II)) or otherwise violates state law.
(Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010; Ord. O2018-014, passed 8-1-2018)
Illustrative Example 4 - Types of Antennas
 |  |  |
Panel Antenna | Whip Antenna | Parabolic Antenna |
Illustrative Example 5 - Use of Existing Vertical Elements Is Encouraged
Illustrative Example 6 - Use of Existing Building Height and Wall Mounting
Illustrative Example 7 - Types of Towers
 |  |  |
Lattice | Guy Wire Not Permitted | Monopole |
Illustrative Example 8 - Typical Required Screening for Facilities
Zoning District | HP | AG and All Residential Districts (1) | OT (1), B-1, TR (1) and BP |
B-2 | L-I, H-I and IP | P (1) |
Antennae Type
| ||||||
New monopole or tower | Not permitted | Not permitted | Not permitted | Not permitted | Permitted principal or accessory use (2) | Not permitted |
Replacement tower/antenna | Not permitted | Not permitted | Not permitted | Not permitted | Permitted principal or accessory use (2) | Not permitted |
Lattice | Not permitted | Not permitted | Not permitted | Permitted | Permitted | Not permitted |
Roof-mounted | Not permitted | Not permitted | Permitted accessory use (1) | Permitted accessory use | Permitted accessory use | Permitted accessory use |
Table No. 10 - Personal Wireless Communication Facilities Permitted Uses by Zoning District | ||||||
Zoning District | HP | AG and All Residential Districts (1) | OT (1), B-1, TR (1) and BP |
B-2 | L-I, H-I and IP | P (1) |
Antennae Type
| ||||||
Table No. 10 - Personal Wireless Communication Facilities Permitted Uses by Zoning District | ||||||
Zoning District | HP | AG and All Residential Districts (1) | OT (1), B-1, TR (1) and BP |
B-2 | L-I, H-I and IP | P (1) |
Antennae Type
| ||||||
Wall-strapping | Not permitted | Not permitted | Not permitted | Permitted | Permitted | Not permitted |
Wall-mounted | Not permitted | Permitted accessory use (1) | Permitted accessory use (1) | Permitted accessory use | Permitted accessory use | Permitted accessory use |
Concealed or disguised | Not permitted | Permitted accessory use (1) | Permitted accessory use (1) | Permitted accessory use | Permitted accessory use | Permitted accessory use |
(1) Permitted only in conjunction with legally established nonresidential uses. | ||||||
(2) A CUP is required for any freestanding monopole or lattice tower (see § 154-19.04) that meets the principal or accessory use criteria for this industrial zoning district but is located within 300 feet of any residential use or zone, arterial street, state or federal highway, a designated scenic/historic or gateway route (as identified in the Transportation Element of the City General Plan), or a future or existing park area (as identified in the Parks and Recreation Element of the City of Yuma General Plan). | ||||||
(Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010)
Notwithstanding anything to the contrary in this article, eligible facilities requests, as defined in the Federal Communications regulation 47 C.F.R. § 1.40001(b)(3), as amended, implementing federal law 47 U.S.C. § 1455(a), as amended, shall be processed according to the requirements of 47 C.F.R. § 1.40001, as amended, and this section. The definitions in 47 C.F.R. § 1.40001, as amended, apply to this section.
(A) Application requirements. An application shall be submitted for approval of eligible facilities requests containing at least the following:
(1) A completed application form signed by the applicant, and identifying a person who may be contacted regarding the application, and that person's mail and email addresses and telephone number.
(2) A clear statement that the request is being made as an eligible facilities request pursuant to this section and complies with all requirements set forth therein.
(3) A clear description of the work proposed, including but not limited to, a description of the excavation that may be associated with the work, and a description of the base station elements or wireless support structure elements that may be modified, and the modifications that will be made; and the date(s) and time(s) during which the work will take place.
(4) Photographs and scale drawings showing the dimensions and location of the base station, wireless support structure and accessory facilities prior to performance of the work proposed, and photo simulations and scale drawings showing the dimensions and locations of the same after the work is performed. The drawings should include drawings of the wireless support structure and base station as approved by the city (or as the facility existed on February 1, 2012, if approved prior to that date); and detailed drawings of the modifications proposed to the wireless support structure or base station.
(5) A statement certifying that, before commencing, during performance of, and upon completion of the work proposed, the permitted wireless facility will comply with all applicable laws, regulations, practices or other requirements under federal, state or local law, including but not limited to, building and electrical codes.
(6) Written certification from a licensed professional engineer certifying that the host wireless support structure or structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas and other equipment, extensions and appurtenances associated with the modification, and that the modification will not cause the facility to violate existing fall zone requirements.
(B) Action upon receipt.
(1) Review. Upon receipt of an application for approval of an eligible facilities request, the city shall review such application to determine whether the application qualifies as an eligible facilities request and is complete, and shall promptly notify the applicant if the application is incomplete or is not an eligible facilities request within the time frames specified in 47 C.F.R. § 1.40001, as amended. An application is incomplete if it omits or withholds any required information, or fails to provide information in sufficient detail to determine whether the application is for an eligible facilities request, or to determine whether the work will be performed in accordance with, and will result in a wireless facility that complies with applicable safety codes.
(2) Approval. If the application is an eligible facilities request and the application is complete, it shall be approved subject to this section. This section shall be operative, and any approval issued pursuant to this section shall remain in effect only so long as federal law, 47 U.S.C. § 1455, and implementing Federal Communications Commission regulations, 47 C.F.R. § 1.40001 regulations, require approval of an eligible facilities request as defined herein. By approval, the city solely intends to comply with a requirement of federal law and not to grant any property rights or interests except as compelled by federal law.
(3) Denial. If the application does not satisfy requirements for an eligible facilities request, or if the applicant fails to submit a complete application after being notified that the application is incomplete by a time specified by the city; or the application would otherwise result in a wireless facility that does not comply with applicable federal state or local laws, the application shall be denied within 60 days of receipt unless the city and the applicant agree to a different date for action on the application.
(4) Exceptions: effect of approval. The city may except particular applications from approval, or may condition approval as appropriate consistent with federal law. Without limitation, approval does not exempt applicant from, or prevent city from opposing a proposed modification that is subject to compliance under the National Historic Preservation Act or the National Environmental Protection Act.
(Ord. O2018-014, passed 8-1-2018)
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