20.10.455 - Personal wireless service facilities.
A. All PWSF permitted in accordance with this chapter, may be constructed within the corporate limits of the city and shall be constructed and operated in accordance with industry standards and subject to the restrictions and limitations set forth in this chapter and in the adopted PWSF policy guide. The director of planning and inspections department, or other person designated by the city manager, is authorized to adopt and amend the PWSF policy guide to provide clarifications to requirements established under this title regarding the placement and construction of PWSFs. The policy guide shall control the interpretation of the provisions of this title regarding the placement and construction of PWSFs over any other interpretation. The director shall make the PWSF policy guide available to the public.
B. Certification. All owners of PWSF currently in existence as of the date of the passage of the ordinance codified in this chapter shall certify in writing, no later than thirty days after the passage of the ordinance codified in this chapter, to the building official that the PWSF in existence are not a safety hazard to the public, and are in operable condition, as well as provide an address of the location of each PWSF and any other pertinent information, excluding proprietary information, required on the form prescribed by the development services department.
Thereafter, for all such PWSF and additionally for all new PWSF installed and constructed after the date of passage by the ordinance codified and permitted in accordance with this chapter, the owner shall certify in writing, annually no later than January 31, beginning in 2008, to the building official that the PWSF in existence are not a safety hazard to the public, and are in operable condition, as well as provide an address of the location of the PWSF, and any other pertinent information, excluding proprietary information, required on the form prescribed by the building official.
The person who constructed the PWSF, the person who operated the PWSF or the owner of record must notify the zoning administrator of any change in the information or status of the PWSF as stated in the certification within thirty days after such change.
C. Removal. For any PWSF constructed after the date of this chapter, if the PWSF is not used to transmit, receive or relay voice and data signals to or from wireless communication devices for a period of six months, then the owner of record must notify the building official and apply for a permit to remove the structure. All PWSF towers and antennas shall be restored to service or removed by the person who constructed the facility, by the person who operated the facility or by the property owner within eighteen months from the time the PWSF ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices.
If the use of the PWSF has not been restored within an eighteen-month period from the time the PWSF have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices, the PWSF must be removed and the PWSF site restored to its original or better condition, at the property owner's expense.
For any PWSF in existence but not listed as operable on the certification form as of the date of the passage of the ordinance codified in this chapter, the owner shall have eighteen months from the date of certification in which the PWSF must be made operable. If the PWSF is not operable within eighteen months, then the owner of record must notify the building official and apply for a permit to remove the structure. All PWSF towers and antennas shall be removed by the person who constructed the facility, by the person who operated the facility or by the property owner within six months after the aforementioned time period expires. The PWSF site must be restored to its original or better condition, at the property owner's expense.
D. Proposed PWSF Facility Site Location and Zoning District Location Hierarchy Preferences.
1. The following list indicates the city's preferences for facility site locations, in descending order of preference. Subject to all other requirements of the El Paso City Code and provided the City Code allows for such location, applicants are not prohibited from applying for any type of facility site location listed below. If applicant is seeking a permit for a facility site location listed under Sections 20.10.455(D)(1)(a)(ii) to 20.10.455(D)(1)(e) below, then the applicant will submit with the application a due diligence analysis. At a minimum, the due diligence analysis must contain the following: a map showing all facility site locations considered within five hundred feet of the proposed location that are higher on the preference list and a narrative explaining why the other facility site locations higher on the preference list are not feasible. City staff shall accept a due diligence analysis for facility site locations if such complies with the requirements above. Applications submitted by an applicant must still comply with all other requirements under the El Paso City Code. The following is the list of facility site location preferences:
a. Antennae co-location on existing camouflaged PWSF:
i. Facility;
ii. Roof;
iii. Ground-mounted;
b. Antennae co-location on existing PWSF:
i. Facility;
ii. Roof;
iii. Ground-mounted;
c. New facility-mounted PWSF, meeting applicable camouflaging and screening requirements;
d. New roof-mounted PWSF, meeting applicable camouflaging and screening requirements;
e. New ground-mounted PWSF, meeting applicable camouflaging and screening requirements.
2. The following list indicates the city's preferences for zoning district locations, in descending order of preference. Subject to all other requirements of the El Paso City Code and provided the City Code allows for such location, applicants are not prohibited from applying to locate any facility in any zoning district location listed below. If applicant is seeking a permit to locate a facility on a zoning district listed under Sections 20.10.455(D)(2)(b) to 20.10.455(D)(2)(c) below, then the applicant will submit with the application a due diligence analysis. At a minimum, the due diligence analysis must contain the following: a map showing all zoning districts considered within five hundred feet of the proposed location that are higher on the preference list and a narrative explaining why the other zoning district locations higher on the preference list are not feasible. City staff shall accept a due diligence analysis for zoning district locations if such complies with the requirements above. Applications submitted by an applicant must still comply with all other requirements under the El Paso City Code. The following is the list of zoning district location preferences:
a. Heavy commercial and manufacturing zoning districts.
b. Light commercial and special purpose zoning districts.
c. Residential and apartment zoning districts.
E. PWSF located in the NOS zoning district is prohibited.
F. All PWSF shall comply with the requirements under this subsection listed on the PWSF Table below. Meeting the special permit requirements under this subsection and PWSF Table is not a guarantee of approval of a special permit. All special permit applications must meet the requirements of Chapter 20.04 (Administrative Provisions), Article V (Special Permit Approval Process) of the El Paso City Code. The requirements for all PWSF are as listed in the following PWSF Table:
0.0 | Zoning Districts | A. Residential and Apartment Districts (including RF, SRR, PR-I, PR-II, & PMD) | B. C-1, C-2, P-C and C-OP Commercial Districts, S-D Special Development, and Special Purpose Districts (excluding RF, SRR, PR-I, PR-II, PMD, and P-I) | C. C-3, C-4 and C-5 Commercial Districts | D. M-1, M-2, M-3, P-I, & Q (Manufacturing, Industrial and Quarry Districts)
1.0 | Ground Mounted PWSF
1.1 | Permitted | Special Permit Required | Permitted by right in C-1 and C-2 zoning districts only. Special Permit approval required in all other zoning districts in Section F.0.0.B. Special permit approval required also if exceptions or modifications are requested, or unless otherwise indicated. | Permitted by right. Special Permit approval required if exceptions or modifications are requested | Permitted by right. Special Permit approval required if exceptions or modifications are requested
1.2 | Setbacks | 3' from any abutting property line for every 1' of structure height abutting Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD); 2' from any property line for every 1' of structure height abutting Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD) for facilities camouflaged as a Low Visibility Facility only; 1' from any abutting property line for every 1' of tower height abutting all other zoning districts in Section F.0.0.B, Section F.0.0.C., and Section F.0.0.D. For a property line that abuts right-of-way. The base zoning setback standard applies provided however that if the right-of-way separates the property from a Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD), the following minimum setbacks must be maintained measured from the base of the antenna support structure to the property line of the Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD) across the right-of-way: 3' setback for every 1' of tower height for facilities that are not camouflaged as a Low Visibility Facility. The width of the right-of-way may be included in the setback measurement in accordance to Section F.1.2.1 below; 2' setback for every 1' of tower height for facilities camouflaged as a Low Visibility Facility. The width of the right-of-way may be included in the setback measurement in accordance to Section F.1.2.1 below. For a property line that abuts right-of-way. The base zoning setback standard applies provided however that if the right-of-way separates the property from any zoning district other than a Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD), then a minimum 1' setback for every 1' of tower height must be maintained measured from the base of the antenna support structure to the property line of the zoning district across the right-of-way. The width of the right-of-way may be included in the setback measurement in accordance to Section F.1.2.1 below. | 3' from any abutting property line for every 1' of structure height abutting Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD); 2' from any property line for every 1' of structure height abutting Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD) for facilities camouflaged as a Low Visibility Facility only; 1' from any abutting property line for every 1' of tower height abutting all other zoning districts in Section F.0.0.B, Section F.0.0.C., and Section F.0.0.D. For a property line that abuts right-of-way. The base zoning setback standard applies provided however that if the right-of-way separates the property from a Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD), the following minimum setbacks must be maintained measured from the base of the antenna support structure to the property line of the Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD) across the right-of-way: 3' setback for every 1' of tower height for facilities that are not camouflaged as a Low Visibility Facility. The width of the right-of-way may be included in the setback measurement in accordance to Section F.1.2.1 below; 2' setback for every 1' of tower height for facilities camouflaged as a Low Visibility Facility. The width of the right-of-way may be included in the setback measurement in accordance to Section F.1.2.1 below. For a property line that abuts right-of-way. The base zoning setback standard applies provided however that if the right-of-way separates the property from any zoning district other than a Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD), then a minimum 1' setback for every 1' of tower height must be maintained measured from the base of the antenna support structure to the property line of the zoning district across the right-of-way. The width of the right-of-way may be included in the setback measurement in accordance to Section F.1.2.1 below. | 1' from any abutting property line for every 1' of tower height abutting Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD); All other zoning districts in Section F.0.0.B, Section F.0.0.C., and Section F.0.0.D. subject to base zoning setback standards. For a property line that is abutting right-of-way, the base zoning setback standard applies provided however that if right-of-way separates the property from a Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD), a minimum 1' setback for every 1' of tower height must be maintained from the base of the antenna support structure to the property line of the Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD) across the right-of-way. Applicant may include the width of the right-of-way in the setback measurement in accordance to Section F.1.2.1 below. | 1' from any abutting property line for every 1' of tower height abutting Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD); All other zoning districts in Section F.0.0.B, Section F.0.0.C., and Section F.0.0.D. subject to base zoning setback standards. For a property line that is abutting right-of-way, the base zoning setback standard applies provided however that if right-of-way separates the property from a Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD), a minimum 1' setback for every 1' of tower height must be maintained from the base of the antenna support structure to the property line of the Residential or Apartment zoning district (including RF, SRR, PR-1, PR-II, & PMD) across the right-of-way. Applicant may include the width of the right-of-way in the setback measurement in accordance to Section F.1.2.1 below.
1.2.1 | Additional Setback Standards for Ground Mounted PWSF | If abutting ROW or easement, the width of the ROW or easement may [be] included in the setback measurement
1.3 | Reductions in minimum setback requirements | For facilities that abut Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD) and that are camouflaged as a Low Visibility Facility, setbacks may be reduced with a special permit provided that setback may not be reduced below 1' from any abutting property line for every 1' of tower height (see Section F.1.3.1 below) | For facilities that abut Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD) and that are camouflaged as a Low Visibility Facility, setbacks may be reduced with a special permit provided that setback may not be reduced below 1' from any abutting property line for every 1' of tower height (see Section F.1.3.1 below) | N/A | N/A
1.3.1 | Additional Standards for Special Permits Applicable to Reductions in required minimum setbacks for Ground Mounted PWSF | Modifications to Required Setbacks must meet the following criteria: i. The property on which the PWSF antenna support structure is to be located is the only property reasonably available for use by the applicant that will enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; ii. The applicant is unable to collocate its antennas on an existing PWSF antenna support structure that is used by a third person or entity and located such that the applicant is able to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; iii. The applicant cannot use another PWSF antenna support structure that is located such that the applicant is able to reasonable serve the area designated in a manner that is technically feasible and commercially reasonable or that the other PWSF antenna support structures used by the applicant will not safely support additional antennas; and iv. Facility is camouflaged as a Low Visibility Facility.
1.4 | Minimum separation (measured base of existing to base of proposed) | One-half mile | One-half mile | 2,000' | 1,760 '
1.5 | Reductions in minimum separation requirements for Ground Mounted PWSF | Minimum separation may be reduced for facilities camouflaged as a Low Visibility Facility only with a special permit, but not below 2,000' (see Section F.1.5.1) | Minimum separation may be reduced for facilities camouflaged as a Low Visibility Facility only with a special permit, but not below 1,760' (see Section F.1.5.1) | Minimum separation may be reduced for facilities camouflaged as a Low Visibility Facility only with a special permit (see Section F.1.5.1) | Minimum separation may be reduced for facilities camouflaged as a Low Visibility Facility only with a special permit (see Section F.1.5.1)
1.5.1 | Additional Standards for Special Permits Applicable to Reductions in required minimum separation for Ground Mounted PWSF | Modifications to Required Minimum Separation must meet the following criteria: i. The applicant is reasonably unable to use property that meets the minimum separation distance in Section F.1.4 from another PWSF antenna support structure and be able to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; ii. The property on which the PWSF antenna support structure is to be located is the only reasonably available property for use within the minimum separation distance in Section F.1.4 of another PWSF antenna support structure that will enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; iii. The area designated by the applicant cannot be reasonably served in a manner that is technically feasible and commercially reasonable by locating additional antennas on the applicant's existing PWSF antenna support structures because such existing PWSF antenna support structures cannot safely support additional antennas; iv. The applicant is unable to collocate its antennas on an existing PWSF antenna support structure that is owned or operated by a third person or entity and located such that the applicant is able to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; v. The applicant shall submit a list of addresses/locations showing all existing PWSF within the radius of the minimum separation distance in Section F.1.4 of the proposed site and a map depicting such locations with the special permit application; and vi. Facility is camouflaged as a Low Visibility Facility.
1.6 | Maximum Height Permitted (measured to top of steel) | 35' | C-1 and C-2 zoning districts only: 35'. For all other zoning districts in Section F.0.0.B, height shall be limited to 45'. | 60' | 60'
1.7 | Allowable Increases in Maximum Height Permitted | N/A | C-1 and C-2 zoning districts only: Height shall be permitted up to 45' if facility is camouflaged as a Low Visibility Facility. | N/A | N/A
1.8 | Special Permit for Additional Height | Height shall be permitted up to 45' with a special permit provided the applicant meets the requirements of Section F.1.8.1.A.1 below. Height shall be permitted up to 60' with a special permit provided the applicant meets the requirements of Section F.1.8.1.A.2 below. | C-1 and C-2 zoning districts only: Height shall be permitted up to 60' with a special permit provided the applicant meets the requirements of Section F.1.8.1.B.1 below. | Height shall be permitted up to 75' with a special permit provided applicant meets the requirements of Section F.1.8.1.C.1 below. Height shall be permitted up to 90' with a special permit provided the applicant meets the requirements of Section F.1.8.1.C.2 below. | Height shall be permitted up to 75' with a special permit provided applicant meets the requirements of Section F.1.8.1.D.1 below. Height shall be permitted up to 90' with a special permit provided the applicant meets the requirements of Section F.1.8.1.D.2 below.
1.8.1 | Additional Standards for Special Permits for Additional Height for Ground Mounted PWSF | A. Residential and Apartment zoning districts (including RF, SRR, PR-I, PR-II, & PMD). 1. Must meet the following criteria for height to be permitted up to 45': i. Facility is camouflaged as a Low Visibility Facility. 2. Must meet the following criteria for height to be permitted up to 60': i. Facility is camouflaged as a Low Visibility Facility; and ii. Located on a property whose principal use is a church, school, or other permitted non-residential use. | B. C-1 and C-2 zoning districts only. 1. Must meet the following criteria for height to be permitted up to 60': i. Facility is camouflaged as a Low Visibility Facility. | C. C-3, C-4 and C-5 Commercial Districts. 1. Must meet the following criteria for height to be permitted up to 75': i. Facility has been designed and structurally engineered to accommodate for colocation of a second carrier or agency; and ii. If facility is proposed within 500' of a Residential or Apartment zoning district (including RF, SRR, PR-I, PR-II, & PMD), facility must be camouflaged as a Low Visibility Facility. 2. Must meet the following criteria for height to be permitted up to 90': i. Facility has been designed and structurally engineered to accommodate for colocation of two additional carriers or agencies for a total of three carriers or agencies; ii. Facility is camouflaged as a Low Visibility Facility; iii. The property on which the PWSF antenna support structure is to be located is the only property reasonably available for use by the applicant for a PWSF antenna support structure of the height being proposed by the applicant that will enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; iv. The applicant is unable to collocate its antennas on an existing PWSF antenna support structure that is owned or operated by a third person or entity and located such that the applicant is able to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; v. The applicant cannot use another PWSF antenna support structure that is located such that will enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable or that the other PWSF antenna support structures used by the applicant will not safely support additional antennas; and vi. Due to topographical conditions, the proposed height of the PWSF antenna support structure is reasonably necessary to enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable. | D. M-1, M-2, M-3, P-I, & Q (Manufacturing, Industrial and Quarry Districts) 1. Must meet the following criteria for height to be permitted up to 75': i. Facility has been designed and structurally engineered to accommodate for colocation of a second carrier or agency; and ii. If facility is proposed within 500' of a Residential or Apartment zoning district (including RF, SRR, PR-I, PR-II, & PMD), facility must be camouflaged as a Low Visibility Facility. 2. Must meet the following criteria for height to be permitted up to 90': i. Facility has been designed and structurally engineered to accommodate for colocation of two additional carriers or agencies for a total of three carriers or agencies; ii. Facility is camouflaged as a Low Visibility Facility; iii. The property on which the PWSF antenna support structure is to be located is the only property reasonably available for use by the applicant for a PWSF antenna support structure of the height being proposed by the applicant that will enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; iv. The applicant is unable to collocate its antennas on an existing PWSF antenna support structure that is owned or operated by a third person or entity and located such that the applicant is able to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; v. The applicant cannot use another PWSF antenna support structure that is located such that will enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable or that the other PWSF antenna support structures used by the applicant will not safely support additional antennas; and vi. Due to topographical conditions, the proposed height of the PWSF antenna support structure is reasonably necessary to enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable.
1.9 | Camouflage and Screening | i. All ground-mounted PWSF shall be camouflaged. Camouflaging is a method of disguising or concealing the appearance of an object by changing its usual color, modifying its shape, or locating it in a structure that complements the natural setting, existing and surrounding structures. Color cannot be the used as the only method of camouflaging. In the context of this section, camouflaging includes, but is not limited to, making PWSF antenna support structures resemble manmade trees, locating PWSF antenna support structures in bell steeples or clock towers, or on similar alternative-design mounting structures. ii. All ground-mounted PWSF shall be located to blend in with surrounding area and located in areas where the existing topography, vegetation, buildings, and other structures provide the greatest amount of screening, and sited so as to not stand out of the landscape as a wireless telecommunications facility. Considerations such as architectural designs, adjacent land uses, scale, color, and texture should be reviewed to make facility as compatible as possible to the surrounding area, including views from public areas as well as from private residences. A visual analysis, which may include renderings, photos, and design mockups, shall be submitted showing the proposed facility from adjacent properties, nearby residences, and public rights-of-way (at least one from 1,000 feet away on nearby roadways) to assess the visual impact. The applicant will need to demonstrate how the proposed camouflaging blends in with the surrounding area and why the design is compatible. Multiple design options may need to be submitted to ensure other options have been explored. Staff shall review the visual analysis to ensure a compatible design has been submitted and provide comments if the design is not appropriate for the area. iii. All ground-mounted PWSF will be categorized as High Visibility and Low Visibility based on the context of the proposed facility. High Visibility facilities shall include designs such as man-made trees and are encouraged for existing open space or parkland areas where they may blend more easily. A "Low Visibility Facility" is a facility that is designed and constructed in a manner in which (1) the antennas, cables, and fixtures are completely enclosed so that such antennas, cables, and fixtures are not visible from any angle, (2) the facility resembles the material, color, and texture of buildings or structures located within the subject property and, (3) the facility serves or performs a function that is associated with the current use of the subject property. Without limiting the types of designs, the following are examples of Low Visibility Facilities: a bell steeple located on a church property, a clock tower on a school campus, a flag pole (with flag) on a government building, windmill on a rural district lot, or an operational light pole on a parking lot. The Zoning Administrator is the person responsible for determining whether a proposed facility meets the criteria to be classified as a Low Visibility Facility. iv. Metallic surfaces shall be painted to reduce glare and reflections. No exterior paint colors shall be used which have a light reflecting value (LRV) greater than forty percent. The LRV of a paint is available from paint manufacturers and it measures the amount of light reflected by a certain color. v. Screening of antennas on PWSF antenna support structures may include the use of existing parapets, walls, or similar architectural elements provided that it is painted and texturized to integrate with the architecture of the surrounding structure. vi. Landscaping shall comply with all code requirements for landscaping.
1.10 | Screening Fence | A six-foot high screening wall or fence of other than chain-link shall be constructed around the base of a PWSF antenna support structure to provide for security. The gate which provides access to the PWSF antenna support structure shall remain locked at all times except when being used for access by maintenance personnel.
1.11 | Access Driveway | The access driveway and off-street parking space for use by maintenance vehicles shall be paved as approved by the building official.
1.12 | Increase in Elevation on Existing Ground Mounted PWSF Antenna Support Structure | An increase in elevation, not to exceed height found in Section F.1.6 and Section F.1.7 plus allowed modifications and Section F.1.8 above, of an existing permitted PWSF antenna support structure may be permitted only to allow for collocation of additional antennas, unless otherwise permitted by FCC provisions of Section 6409(a) and Section 332(c)(7). A structural recertification report prepared and sealed by a licensed professional engineer shall be required, and such report shall be reviewed and approved by the building official prior to issuance of a building permit.
1.13 | Other Requirements Applicable to Ground Mounted PWSF | The following must accompany a request for a special permit or building permit: i. All towers located within two hundred feet of a recognized federal, state or local historic district are subject to review and approval by the Historic Preservation Officer. ii. A detailed site development plan showing the PWSF antenna support structure, antennas, and equipment in relation to the existing surroundings including screening, fencing, camouflage, off-street parking, and access from the PWSF antenna support structure to the nearest public street; iii. Evidence of satisfactory completion of a certification of compliance for personal wireless service providers issued by the public safety technology office prior to actual use of the proposed facility, such certification to include a verification letter that all required Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) approvals have been requested and that site-specific structural engineering and nonionizing electromagnetic radiation (NIER) reports are available on request from the applicant; and iv. The design of related support structures for new PWSF antenna support structures and appurtenant equipment storage facilities shall incorporate materials, colors, textures, screening, or camouflaging techniques that will blend them to the extent reasonably possible into the natural setting, existing and surrounding structures. The applicant will be required to provide photographs of predevelopment views versus post-development illustrations, at ninety-degree angles for a full three hundred sixty-degree radius, shown to scale. The building official shall review and consider any of the five items above to mitigate negative visual impacts created by the proposed PWSF antenna support structure and may require reasonable revisions necessary to bring the application into compliance with one or more of the five items above.
1.14 | Collocation or installation of additional antennas | Permitted as per FCC provisions of Section 6409(a) and Section 332(c)(7). A structural recertification report prepared and sealed by a licensed professional engineer shall be required, and such report shall be reviewed and approved by the building official prior to issuance of a building permit.
1.15 | Existing non-conforming ground-mounted PWSF | An existing ground-mounted PWSF shall be allowed to be modified under the FCC provisions of Section 6409(a) and Section 332(c)(7). All non-conforming ground-mounted PWSFs may continue in existence as a nonconforming structure and are allowed to be modified or rebuilt on the same property as permitted in Section 20.22.100.
2.0 | Roof-Mounted PWSF
2.1 | Permitted | Only on residential structures consisting of five or more units or on nonresidential structures | Only on Commercial or Mixed Use structures or those residential structures consisting of five or more units | Only on Commercial or Mixed Use structures or those residential structures consisting of five or more units | Only on Commercial or Mixed Use structures or those residential structures consisting of five or more units
2.2 | Maximum Height Permitted (measured to top of steel or antennae, whichever is greater) | 15' in height above the existing roofline
2.3 | Allowable Increases in Maximum Height Permitted | N/A | Up to 15' above the Maximum Height Permitted in Section F.2.2 above allowed by approval of a Special Permit (see Section F.2.3.1 below) | Up to 15' above the Maximum Height Permitted in Section F.2.2 above allowed by approval of a Special Permit (see Section F.2.3.1 below) | Up to 15' above the Maximum Height Permitted in Section F.2.2 above allowed by approval of a Special Permit (see Section F.2.3.1 below)
2.3.1 | Additional Standards Applicable to permitted increases in Height for Roof-mounted PWSF | i. The property on which the PWSF antenna support structure is to be located is the only property reasonably available for use by the applicant for a PWSF antenna support structure of the height being proposed by the applicant that will enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; ii. The applicant is unable to collocate its antennas on an existing PWSF antenna support structure that is owned or operated by a third person or entity and located such that the applicant is able to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable; iii. The applicant cannot use the roof on the same structure on which it is located such that will enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable or that the other PWSF antenna support structures used by the applicant will not safely support additional antennas; and iv. Due to topographical conditions, the proposed height of the PWSF antenna support structure is reasonably necessary to enable the applicant to reasonably serve the area designated in a manner that is technically feasible and commercially reasonable.
2.4 | Camouflage and Screening | i. Camouflaging is a method of disguising or concealing the appearance of an object by changing its usual color, modifying its shape, or locating it in a structure that complements the natural setting, existing and surrounding structures. In the context of this section, camouflaging includes, but is not limited to, making PWSF antenna support structures resemble man-made trees, locating PWSF antenna support structures such as in bell steeples or clock towers, or on similar alternative-design mounting structures. ii. Metallic surfaces shall be painted to reduce glare and reflections. No exterior paint colors shall be used which have a light reflecting value (LRV) greater than forty percent. The LRV of a paint is available from paint manufacturers and it measures the amount of light reflected by a certain color. iii. Screening of antennas on roof-mounted PWSF antenna support structures may include the use of existing parapets, walls, or similar architectural elements provided that it is painted and texturized to integrate with the architecture of the surrounding structure. Screening is not required when the height of the roofline exceeds thirty-five feet. Screening may be waived by the building official on buildings where the height of the roofline is thirty-five feet or less based on evidence provided by the applicant that the roof cannot structurally support the screen.
2.5 | Other Requirements | The following must accompany a request for a special permit or building permit: i. A detailed site development plan showing the PWSF antenna support structure, antennas, and equipment in relation to the existing surroundings including screening, fencing, camouflage, off-street parking, and access from the PWSF antenna support structure to the nearest public street; ii. Evidence of satisfactory completion of a certification of compliance for personal wireless service providers issued by the public safety technology office prior to actual use of the proposed facility, such certification to include a verification letter that all required Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) approvals have been requested and that site-specific structural engineering and nonionizing electromagnetic radiation (NIER) reports are available on request from the applicant; and iii. Satisfactory completion of a certification of compliance for personal wireless service providers issued by the public safety technology office prior to actual use of the proposed facility, such certification to include a verification letter that all required FAA and FCC approvals have been requested and that site-specific structural and the roof and a nonionizing electromagnetic radiation (NIER) reports are available on request from the applicant.
2.6 | Collocation | Collocation or installation of additional antennas on an existing PWSF antenna support structure is permitted. A structural recertification report for both the structure and the roof, prepared and sealed by a licensed professional engineer, shall be required, and such report shall be reviewed and approved by the building official prior to issuance of a building permit.
3.0 | Facility-mounted PWSF
3.1 | Permitted | Must be attached to a structure used for something other than a PWSF antenna support structure
3.2 | Maximum Height Permitted (measured to top of steel or antennae, whichever is greater) | Limited to maximum height permitted in base zoning district in which the facility is located as indicated in Appendix B, Density and Dimensional Standards of Title 20
3.3 | Allowable increases in Maximum Permitted Height | As per Section 20.12.030.C, 15 additional feet on an existing facility to accommodate collocation of additional antennas
3.4 | Camouflage and Screening | i. Camouflaging is a method of disguising or concealing the appearance of an object by changing its usual color, modifying its shape, or locating it in a structure that complements the natural setting, existing and surrounding structures. In the context of this section, camouflaging includes, but is not limited to, making PWSF antenna support structures resemble man-made trees, locating PWSF antenna support structures such as in bell steeples or clock towers, or on similar alternative-design mounting structures. Facility-mounted PWSF shall be painted to integrate and blend with the facility-structure. ii. Metallic surfaces shall be painted to reduce glare and reflections. No exterior paint colors shall be used which have a light reflecting value (LRV) greater than forty percent. The LRV of a paint is available from paint manufacturers and it measures the amount of light reflected by a certain color. ii. Screening of antennas on facility-mounted PWSF antenna support structures may include the use of existing parapets, walls, or similar architectural elements provided that it is painted and texturized to integrate with the architecture of the surrounding structure. Screening is not required when the height of the roofline exceeds thirty-five feet. Screening may be waived by the building official on buildings where the height of the roofline is thirty-five feet or less based on evidence provided by the applicant that the roof cannot structurally support the screen.
3.5 | Other Requirements | The following must accompany a request for a building permit: i. A detailed plan showing the facility structure, antenna structures and equipment in relation to the existing surroundings, including screening, fencing, camouflage, off-street parking and access from the facility structures site to the nearest public street; ii. Satisfactory completion of a certification of compliance for personal wireless service providers issued by the public safety technology office prior to actual use of the proposed facility accompanied by a verification letter that all required Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) approvals have been requested and that site-specific structural engineering and nonionizing electromagnetic radiation (NIER) reports are available on request from the applicant; and iii. The applicant shall provide documentation to the building official that the applicant has the permission from the structure owner to install the antenna(s) on the structure.
3.6 | Collocation | Collocation of additional PWSF antennas on an existing facility structure is permitted. A structural recertification report prepared and sealed by a licensed professional engineer shall be required, and such report shall be reviewed and approved by the building official prior to issuance of a building permit.
(Ord. 16826 § 1, 2008; Ord. 16653 § 2 (part), 2007; Ord. No. 17235, § 3, 11-10-2009; Ord. No. 17306, § 4, 4-6-2010; Ord. No. 17442, § 25, 10-26-2010; Ord. No. 19016, §§ 3—7(Exh. B), 1-7-2020; Ord. No. 19059, §§ 2, 3(Att. B), 5-12-2020)
