Title 17 COMPREHENSIVE ZONING REGULATION*
Chapter 17.160 WIRELESS COMMUNICATIONS FACILITIES
17.160.040 Wireless telecommunications regulations.
Basic Requirements. The following regulations shall apply local wireless
telecommunications facilities in all zones, unless otherwise
stated:
A. Setbacks/height.
1. A freestanding wireless
telecommunications facility shall be set back a minimum of eighty-five feet from
the property line or at a one to one ratio (one foot of setback for every foot
of tower height from the property boundary of the facility), whichever is
greater. The maximum tower height shall not exceed eighty-five feet.
2. If a
waiver is granted, a one to one ratio (one foot of setback for every foot of
tower height from the property boundary of the facility) shall apply.
3. New
freestanding structures in public utility substations shall be exempt from the
minimum eighty-five feet setback requirement if they are no taller than the
existing utility poles in said substation. A one to one ratio (one foot of
setback for every foot of tower height from the property boundary of the
facility) shall be maintained.
4. Except as stated in subsection(A)(1) of
this section, setbacks shall conform to the setback requirements of the zone in
which the wireless telecommunications facility is located.
B. Lighting and
Signage.
1. Only security lighting or lighting required by a state and/or
federal agency is allowed, provided:
a. The location of the lighting fixture
together with its cutoff angle shall be such that it does not shine directly on
any public right-of-way or any residential premises.
b. The lighting shall
not have an off-site luminance greater than one thousand foot-lamberts; it shall
not have an off-site luminance greater than two hundred foot-lamberts measured
from any private property in a residential zone.
2. The only signage that is
permitted is that which is required by state or federal
law.
C. Telecommunications equipment building or cabinet shall:
1. Not
contain more than four hundred square feet of gross floor area per user and
shall not be more than twelve feet in height.
2. Maintain the minimum
setback and screening requirements of the zone in which it is located or as
otherwise defined in the ordinance codified in this chapter.
D. Abandonment.
The wireless telecommunications facility owner shall remove all wireless
telecommunications
facilities which are not in use for six consecutive
months. This removal shall take place within three months of the end of such
six-month period. Upon removal, the site shall be revegetated to blend with the
existing surrounding vegetation.
E. Collocation. No new freestanding
wireless telecommunications facility shall be permitted unless the planning
director or his/her designee determines, upon the applicant’s
demonstration, that no existing tower, structure or public utility structure can
be used in lieu of new construction to accommodate the applicant’s
proposed telecommunications facility. Evidence submitted to the city which
demonstrates that no existing tower, structure, or public utility structure
within a one-fourth mile radius of the proposed facility can reasonably
accommodate the applicant’s proposed telecommunications facility shall
consist of the following:
1. That no existing tower, structure, or public
utility structure is located within one-fourth mile radius, which meets the
applicant’s engineering requirements;
2. That no existing tower,
structure, or public utility structure is located within the one-fourth mile
radius, which has sufficient structural strength or space available to support
the applicant’s proposed telecommunications facility and related
equipment;
3. That the applicant’s proposed telecommunications
facility would cause unavoidable electromagnetic interference with the
antenna(s) on the existing towers, structures or public utility structures would
cause interference with the applicant’s proposed telecommunications
facility;
4. That there are other limiting factors that tender existing
towers, structures, or public utility structures within the one-fourth mile
radius unsuitable; and
5. That the owners of existing towers, structures, or
public utility structures within one-fourth mile radius will not allow the
applicant to place its telecommunications facility thereon, or such owners are
requiring payments thereof that substantially exceed commercially reasonable
rates.
F. Interference. Every wireless telecommunications facility shall
meet the regulations of the Federal Communications Commission, or any successor
thereof, regarding physical and electromagnetic interference.
G. Health
Issues. Every wireless telecommunications facility shall meet health and safety
standards for electromagnetic field emissions as established by the Federal
Communications Commission or any successor thereof, and any other federal or
state agency.
H. Horizontal Separation of Freestanding Wireless
Telecommunication Facilities. Freestanding wireless telecommunications
facilities shall be separated by at least one thousand feet, as measured from
the property line of each wireless telecommunications facility. (Ord. 1665-2001
§ 2(part), 2001).
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