ITEM 8

45

CITYWIDE

ORDINANCE G-5329 -

Z-TA-13-08 -

SATELLITE EARTH STATIONS AND WIRELESS COMMUNICATION FACILITIES TEXT AMENDMENT

 

Request to hold a public hearing and approve the text amendment changes for the following item by adopting the Planning Commission's recommendation and the related ordinance.

 

Application:

Z-TA-13-08

Proposal:

Amend Section 202, several sections of the Zoning Ordinance, and add a new Section 715 to modify the standards regulating to Satellite Earth Stations and Wireless Communication Facilities

Applicant:

City of Phoenix Planning Commission

Representative:

City of Phoenix Planning Department

Staff:

Approved.

VPC Action:

Ahwatukee Foothills - February 23, 2009 - Recommendation will be verbal.

Alhambra - January 27, 2009 - Approved with modifications. Vote 12-1

Camelback East - January 6, 2009 - Approved. Vote14-0

Central City - December 8, 2008 - Approved. Vote 13-0

Deer Valley - January 15, 2009 - Approved. Vote 7-0

Desert View - January 6, 2009 - Approved, with recommendation to reword Section 715.B.6.(f)(2). Vote 11-0

Encanto - January 5, 2009 - Approved. Vote 14-0

Estrella - February 3, 2009 - Approved. Vote 7-0

Laveen - February 9, 2009 - Approved with the recommendation that all Use Permit requests for a Wireless Communication Facility must notify the Laveen Village Planning Committee for comments. Vote 9-0

Maryvale - January 27, 2009 - Approved. Vote 11-0

North Gateway - February 12, 2009 - Approved. Vote 6-0

North Mountain - January 21, 2009 - Approved. Vote 15-0

Paradise Valley - January 5, 2009 - Approved. Vote 13-2-1

Rio Vista - February 23, 2009 - Recommendation will be verbal.

South Mountain - January 13, 2009 - Approved. Vote 14-0

PC Action:

February 11, 2009 - Approved as modified by the February 6, 2009, memo from Debra Stark. Vote 7-0

 

The following language is subject to discussion at the meeting, and the City Council may add, delete, or amend the language:

 

Proposed Language

 

Amend Chapter 2, Section 202 (Definitions), as follows:

 

***

 

Wireless Communication Monopole and Related Facilities: A structure composed of a single spire erected and maintained by a wireless communication provider that supports antennae and necessary attachments including, but not limited to, microwave antennae used as part of a commercial mobile radio service system as defined by the FCC, and an accessory building or structures used to house equipment necessary for the operation of the wireless communication monopole and related facilities. Related facilities may also include roof or side mounted antennae together with necessary attachments, equipment, and an accessory building or structures used as part of a commercial mobile radio service system.

 

WIRELESS COMMUNICATION FACILITY (WCF): A FACILITY THAT SENDS AND/OR RECEIVES WIRELESS COMMUNICATION SIGNALS, INCLUDING, BUT NOT LIMITED TO, ANTENNAS, MICROWAVE DISHES, ANTENNA STRUCTURES, TOWERS, EQUIPMENT ENCLOSURES, AND THE LAND UPON WHICH THEY ARE ALL SITUATED. WIRELESS COMMUNICATION FACILITIES CAN BE CONCEALED, DISGUISED, OR VISIBLE.

 

WIRELESS COMMUNICATION FACILITY, ANTENNA: ANY STRUCTURE OR DEVICE USED TO TRANSMIT AND/OR RECEIVE WIRELESS SIGNALS FOR THE PROVISION OF CELLULAR, PAGING, PERSONAL COMMUNICATIONS SERVICES, AND MICROWAVE COMMUNICATIONS. SUCH STRUCTURES AND DEVICES INCLUDE, BUT ARE NOT LIMITED TO, DIRECTIONAL ANTENNAS, SUCH AS PANEL ANTENNAS, MICROWAVE DISHES, AND SATELLITE DISHES, AND OMNI-DIRECTIONAL (WHIP) ANTENNAS.

 

WIRELESS COMMUNICATION FACILITY, ANTENNA STRUCTURE: AN ANTENNA AND ITS ASSOCIATED STRUCTURE, SUCH AS A MONOPOLE OR TOWER AND CO-AXIAL CABLES.

 

WIRELESS COMMUNICATION FACILITY, CELL ON WHEELS (COW): A PORTABLE SELF-CONTAINED CELL SITE THAT CAN BE MOVED TO A LOCATION AND SET UP TO PROVIDE PERSONAL WIRELESS SERVICES ON A TEMPORARY OR EMERGENCY BASIS. A COW IS NORMALLY VEHICLE-MOUNTED AND CONTAINS A TELESCOPING BOOM AS THE ANTENNA SUPPORT STRUCTURE.

 

WIRELESS COMMUNICATION FACILITY, CO-LOCATION: THE ACT OF SITING MULTIPLE WIRELESS COMMUNICATIONS PROVIDERS IN THE SAME LOCATION AND ON THE SAME SUPPORT STRUCTURE. CO-LOCATION ALSO MEANS LOCATING ONE OR MORE ADDITIONAL WIRELESS COMMUNICATION FACILITIES ON A STRUCTURE DESIGNED FOR A DIFFERENT PURPOSE SUCH AS, BUT NOT LIMITED TO, BUILDINGS, WATER TANKS, TOWERS, FLAGPOLE, OR UTILITY POLES WITHOUT THE NEED TO CONSTRUCT A NEW SUPPORT STRUCTURE.

 

WIRELESS COMMUNICATION FACILITY, CO-LOCATED: A FACILITY OWNED BY ONE OR MORE WIRELESS COMMUNICATION SERVICE PROVIDERS THAT IS ATTACHED TO A FACILITY OR SITE OWNED BY A DIFFERENT WIRELESS COMMUNICATION SERVICE PROVIDER.

 

WIRELESS COMMUNICATION FACILITY, CONCEALED: A FACILITY DESIGNED TO BE ARCHITECTURALLY INTEGRATED INTO A BUILDING SO THAT THE ANTENNA, SUPPORT STRUCTURES, CABLING, AND EQUIPMENT ARE COMPLETELY ENCASED OR HIDDEN OR DESIGNED IN A MANNER THAT BLENDS INTO THE ENVIRONMENT SO THE ANTENNA STRUCTURE CANNOT BE SEEN OR, IF SEEN, CANNOT BE RECOGNIZED AS WIRELESS COMMUNICATION FACILITIES. CONCEALED WIRELESS COMMUNICATION FACILITIES INCLUDE, BUT ARE NOT LIMITED TO, ARCHITECTURALLY SCREENED ROOF-MOUNTED FACILITIES SUCH AS ELEVATOR OR STAIRWAY PENTHOUSES, CHIMNEYS, FLUES, VENTS, AND ROOF-TOP EQUIPMENT STORAGE AREAS. ARTWORK OR ARCHITECTURAL DESIGN FEATURES SUCH AS CHURCH SPIRES, CLOCK TOWERS, AND SIGNS OR FLAGPOLES MAY ALSO BE CONSIDERED CONCEALED WIRELESS COMMUNICATION FACILITIES IF THEY ENCASE OR HIDE THE WIRELESS COMMUNICATION FACILITY.

 

WIRELESS COMMUNICATION FACILITY, DISGUISED: A FACILITY DESIGNED AND SITED SO THAT THE ANTENNA STRUCTURE IS MINIMALLY OBTRUSIVE AND APPEARS TO BE PART OF THE PHYSICAL SURROUNDINGS. DISGUISED WIRELESS COMMUNICATION FACILITIES INCLUDE, BUT ARE NOT LIMITED TO, A MONOPALM, A MONOCACTUS, OR MONOPINE. THE LOCATION OF A WIRELESS COMMUNICATION FACILITY ON ATHLETIC FIELD LIGHT POLES, WATER TOWERS, STREET LIGHTS, TRAFFIC LIGHT OR UTILITY POLES, WALLS AND FENCES, AND SUSPENDED WIRE ANTENNAS WOULD ALSO BE CONSIDERED DISGUISED IF THE ANTENNAS, CABLING, AND RELATED EQUIPMENT AND STRUCTURES ARE NOT COMMONLY RECOGNIZED AS A WIRELESS COMMUNICATION FACILITY.

 

WIRELESS COMMUNICATION FACILITY, EQUIPMENT ENCLOSURE: A TRACT OR AREA OF LAND ENCLOSED BY A SOLID WALL THAT CONTAINS ONE OR MORE WIRELESS COMMUNICATION FACILITY ANTENNAS, THEIR ASSOCIATED EQUIPMENT SHELTERS, AND OTHER EQUIPMENT ASSOCIATED WITH AND ANCILLARY TO WIRELESS COMMUNICATION.

 

WIRELESS COMMUNICATION FACILITY, EQUIPMENT SHELTER: A FULLY ENCLOSED STRUCTURE, CABINET, OR VAULT LOCATED AT THE BASE OF OR NEAR A WIRELESS COMMUNICATION FACILITY THAT IS USED TO HOUSE AND PROTECT THE ELECTRONIC AND SUPPORTING EQUIPMENT NECESSARY FOR PROCESSING WIRELESS COMMUNICATION SIGNALS. AN EQUIPMENT SHELTER OFTEN HAS, AMONG OTHER THINGS, BATTERIES, GENERATORS, ELECTRICAL EQUIPMENT, ONE OR MORE AIR CONDITIONING UNITS, A POWER METER, AND DISCONNECT LOCATED ON THE OUTSIDE.

 

WIRELESS COMMUNICATION FACILITY, MONOCACTUS: A SINGLE, FREESTANDING, AND UNGUYED THREE-DIMENSIONAL STRUCTURE IN THE SHAPE OF A SAGUARO OR SIMILAR CACTUS ERECTED ON THE GROUND THAT HOUSES ONE OR MORE ANTENNA. THE STRUCTURE MUST BE ANATOMICALLY CORRECT IN ITS COLOR, TEXTURE, AND DESIGN TO GIVE THE APPEARANCE OF A CACTUS. FOR PURPOSES OF THIS ORDINANCE, A MONOCACTUS IS NOT A TOWER.

 

WIRELESS COMMUNICATION FACILITY, MONOPALM: A SINGLE, FREESTANDING, AND UNGUYED STRUCTURE IN THE SHAPE OF A PALM TREE ERECTED ON THE GROUND THAT SUPPORTS ONE OR TWO DISGUISED ANTENNA. THE STRUCTURE MUST BE ANATOMICALLY CORRECT IN ITS COLOR, TEXTURE, AND DESIGN TO GIVE THE APPEARANCE OF A PALM TREE. FOR PURPOSES OF THIS ORDINANCE, A MONOPALM IS NOT A TOWER.

 

WIRELESS COMMUNICATION FACILITY, MONOPINE: A SINGLE, FREESTANDING, AND UNGUYED STRUCTURE IN THE SHAPE OF A PINE TREE ERECTED ON THE GROUND THAT SUPPORTS ONE OR MORE ANTENNA. THE STRUCTURE MUST BE ANATOMICALLY CORRECT IN ITS COLOR, TEXTURE, AND DESIGN TO GIVE THE APPEARANCE OF A PINE TREE. FOR PURPOSES OF THIS ORDINANCE, A MONOPINE IS NOT A TOWER.

 

WIRELESS COMMUNICATION FACILITY, MONOPOLE: A SINGLE, FREESTANDING, AND UNGUYED POLE-TYPE STRUCTURE ERECTED ON THE GROUND THAT SUPPORTS ONE OR MORE ANTENNA. FOR PURPOSES OF THIS ORDINANCE, A MONOPOLE IS NOT A TOWER.

 

WIRELESS COMMUNICATION FACILITY, SUPPORT EQUIPMENT: ANY EQUIPMENT SERVING OR BEING USED IN CONJUNCTION WITH A WIRELESS COMMUNICATION FACILITY OR SUPPORT STRUCTURE. THIS EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, UTILITY OR TRANSMISSION EQUIPMENT, POWER SUPPLIES, GENERATORS, BATTERIES, CABLES, EQUIPMENT BUILDINGS, CABINETS, AND STORAGE SHEDS, SHELTERS, OR OTHER STRUCTURES.

 

WIRELESS COMMUNICATION FACILITY, SUPPORT STRUCTURE: A STRUCTURE THAT SUPPORTS A WIRELESS COMMUNICATION FACILITY INCLUDING, BUT NOT LIMITED TO, MONOPOLES, TOWERS, UTILITY POLES, AND OTHER FREESTANDING SELF-SUPPORTING STRUCTURES.

 

WIRELESS COMMUNICATION FACILITY, TOWER: A LATTICE-TYPE STRUCTURE, GUYED OR FREESTANDING, THAT SUPPORTS, HOLDS, OR CONTAINS EQUIPMENT THAT SENDS AND/OR RECEIVES WIRELESS COMMUNICATION SIGNALS, INCLUDING, BUT NOT LIMITED TO, ANTENNAS.

 

WIRELESS COMMUNICATION FACILITY, VISIBLE: A FACILITY THAT IS CLEARLY RECOGNIZED AND NOT CONCEALED OR DISGUISED.

 

WIRELESS COMMUNICATION SERVICE PROVIDER: THE ENTITY THAT IS RESPONSIBLE FOR PROVIDING WIRELESS COMMUNICATION TO THE GENERAL PUBLIC, PRIVATE SECTOR, OR GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY THAT OWNS OR OPERATES AND MAINTAINS A WIRELESS COMMUNICATION FACILITY.

 

***

 

 

Amend Chapter 6, Section 603 (Suburban S-1 District - Ranch or Farm Residence), to delete Paragraph A.14 and renumber remaining Section accordingly:

 

***

 

14.

Wireless communication monopoles, roof-, or side-mounted antennae, and related facilities as accessory uses to non-residential uses, subject to the following limitations:

 

 

 

a.

The wireless communication monopole shall replace an existing pole, light standard, communication facility, or other pole-like structure with a monopole of no greater height and a diameter not to exceed thirty-six inches at the base of the monopole, or when the antenna is attached to an existing pole or a new or existing detached accessory structure that otherwise meets applicable provisions of this ordinance, and subject to the following:

 

 

 

 

 

 

 

(1)

For purposes of this provision "existing" shall mean that the pole or structure that otherwise conforms to the requirements of the district was constructed on-site not less than ninety days prior to the issuance of permits for the replacement monopole or new antennae;

 

 

 

 

 

 

 

(2)

Replacement monopoles or antennae attached to existing poles or new or existing detached accessory structures shall maintain a minimum three-hundred-foot set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings and shall be located no closer to an abutting street than the principal building on the parcel unless a Use Permit is secured in accordance with the provisions of Section 307.

 

 

 

 

 

 

 

 

At the Use Permit hearing consideration shall be given to reducing the visual impact on the surrounding area through the use of design standards and technology to minimize the height, bulk, and clutter of the facility. Consideration shall also be given to the placement of the facility on the lot or parcel as it may affect existing and potential land use and to the cumulative visual effect that existing wireless communication facilities in the vicinity of the site may have on the ability to mitigate impacts. Approval may be subject to a time limitation when necessary to insure continued compatibility based on land use and available technology;

 

 

 

 

 

 

(3)

Antennae that are enclosed within a new or existing detached accessory structure that otherwise meets the provisions of this ordinance shall not be subject to the setback provisions in Paragraph a(2) above when the antennae are completely screened from view or integrated with the design of the structure and do not extend more than twelve inches from or constitute more than five percent of the surface area to which the antennae are attached;

 

 

 

 

 

 

(4)

Antennae that are attached to an existing wireless communication monopole shall not be subject to the setback provisions in Paragraph a(2) above when:

 

 

 

 

 

 

 

 

(a)

There is no more than one existing wireless communication provider; and

 

 

 

 

 

 

 

 

(b)

The new antenna maintains a maximum four-foot-width antennae array; and

 

 

 

 

 

 

 

 

(c)

The new antenna has no visible wires, cables, pegs, ladders, or similar equipment.

 

 

 

 

 

 

b.

The maximum height of a wireless communication monopole including the base and platform, but excluding attached antennae, shall not exceed sixty-five feet above the finished grade of the site at the base of the monopole;

 

 

 

 

 

 

c.

The maximum height of the antennae attached to a wireless communication monopole or an existing pole or new or existing detached accessory structure shall not exceed eighty feet above the finished grade of the site and shall be attached at a point no higher than sixty-five feet above the finished grade of the site at the base of the monopole or structure unless the antennae are enclosed within a structure and screened from view;

 

 

 

 

 

 

d.

Rooftop-mounted antennae, including not more than two microwave dishes with diameters of not more than one and one-half meters, fifteen feet or less in height as measured above the building height used as part of a commercial mobile radio service system shall be permitted so long as the supporting structure is screened. Rooftop-mounted antennae shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the antennae above the adjacent finished grade of the building unless completely screened;

 

 

 

 

 

 

e.

Antennae mounted on the side of a building shall be permitted as long as the antenna does not extend above the existing profile of the building or does not project more than twelve inches from the building face. The antenna shall be integrated into the building design in a manner that reduces its visual impact. Requests to exceed the established building profile shall be subject to securing a Use Permit in accordance with the provisions of Section 307 when demonstrated that the architectural element to which the antennae are attached is integrated with and in proportion to the building design;

 

 

 

 

 

 

f.

Antennae that are attached to existing or replacement public utility poles (sixty-nine kv or larger) or existing public utility lattice-type tower structures at a point higher than sixty-five feet or which increase the height of the existing pole or tower structure shall be permitted as a matter of right and shall not be subject to the height and setback provisions in Paragraphs a through c above when:

 

 

 

 

 

 

 

(1)

A Use Permit is secured in accordance with the provisions of Section 307, subject to the following notice provisions:

 

 

 

 

 

 

 

 

(a)

Evidence that notice of the date, time, place, and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within six hundred feet of the subject property; and

 

 

 

 

 

 

 

 

(b)

Evidence that notice of the date, time, place, and nature of the request has been sent to all homeowners' associations registered with the City located within one mile of the subject property.

 

 

 

 

 

 

(2)

The following guidelines are considered when evaluating the appropriateness of the Use Permit:

 

 

 

 

 

 

 

 

(a)

The maximum height of the pole and antennae does not exceed twelve feet above the height of the existing pole or does not increase the height of the existing pole by more than twenty percent, whichever is less, or when the antenna is attached to a lattice-type tower structure and does not exceed twelve feet above the height of the existing tower;

 

 

 

 

 

 

 

 

(b)

The maximum diameter of a replacement pole (measured at the base of the pole) does not exceed thirty-six inches or forty-eight inches for a drop pole on a substation parcel;

 

 

 

 

 

 

 

 

(c)

The antennae array maintains a maximum four-foot-width when attached to a pole or does not extend more than two feet beyond the sides of a lattice-type tower structure; and

 

 

 

 

 

 

 

 

(d)

The antennae arrays have no visible wires, cables, pegs, ladders, or similar equipment when mounted on a pole. Antennae arrays and equipment mounted on a lattice-type tower structure shall be painted to match the existing tower or be screened from view.

 

 

 

 

 

 

g.

Development review and approval in accordance with Section 507 is required;

 

 

 

 

 

 

h.

The color of a wireless communication monopole shall be compatible with the surrounding environment;

 

 

 

 

 

 

i.

Installation of a wireless communication monopole shall avoid removal of mature vegetation;

 

 

 

 

 

 

j.

Wireless communication monopoles which are installed on properties in or within five hundred feet of a hillside development area as defined in Section 710 shall require a special permit;

 

 

 

 

 

 

k.

Wireless communication monopoles that cannot satisfy these limitations shall require a special permit;

 

 

 

 

 

 

l.

Radiation from the antennae shall not interfere with any existing communication sites;

 

 

 

 

 

 

m.

An accessory building shall not exceed one story in height and three hundred square feet of area devoted to a single wireless communication provider or one story in height and six hundred square feet of area devoted to multiple wireless communication providers. Where ground-mounted cabinets are used they shall not exceed eight feet in height or contain an area of more than three hundred square feet for a single wireless communication provider or six hundred square feet for multiple wireless communication providers. An accessory building shall not be located closer to an abutting street than the principal building on the lot or parcel, except for those serving antennae attached to public utility poles which shall be enclosed within the perimeter walls of a substation. An accessory building, ground-mounted cabinets, and all related ground-mounted equipment shall be designed and screened to minimize the visual impact; and

 

 

 

 

 

 

n.

Wireless communication monopoles, antennae, or equipment, the use of which has been discontinued for a period of ninety days, shall be removed from the site unless a Use Permit is secured in accordance with the provisions of Section 307;

 

 

 

 

 

 

o.

The expansion or alteration of wireless communication monopoles and related facilities that do not conform to the standards of this district, other than normal maintenance and repair or co-location as provided in Paragraph a(4) above, shall be subject to the securing of a Use Permit in accordance with Section 307 unless demonstrated that the alteration or expansion reduces the height, bulk, or clutter of the facility;

 

 

 

 

p.

The following information shall be submitted upon application for a Use Permit, special permit, or development review:

 

 

 

 

 

 

 

(1)

A site plan identifying all existing and proposed structures on the site including corresponding heights;

 

 

 

 

 

 

(2)

Elevations of the proposed monopole or structure and attached antennae and equipment, accessory buildings, ground-mounted cabinets and equipment, and screening structures or materials;

 

 

 

 

 

 

(3)

Statement on the facility's capacity to allow collocation with other wireless communication providers;

 

 

 

 

 

 

(4)

Location of all wireless communication facilities within a one-mile radius of the site and the applicant's nearest surrounding facilities, including information on the provider, facility type, equipment, and antennae height;

 

 

 

 

 

 

(5)

On applications for new or replacement monopoles, information shall be provided regarding all poles and structures within a one-half-mile radius of the site that exceed thirty feet in height or are equal to or greater than a height beginning fifteen feet below the proposed height of the antennae, whichever is greater, together with a statement on attempts to locate or co-locate on alternative facilities;

 

 

 

 

 

***

 

 

 

 

 

 

Amend Chapter 6, Section 605 (Residential Estate RE-43 District - One Family Residence), to delete Paragraphs A.10.c.(5) and 15 and renumber remaining Section accordingly:

 

 

 

 

 

***

 

10.

Accessory uses and buildings.

 

 

 

 

a.

Any accessory building shall maintain the same yard requirements as the main building. No accessory use shall be maintained in which there is solicitation of recipients for a service or product, or the operation of the use so that it is commonly known as offering a commercial service or product.

 

 

 

 

b.

No accessory use of land or structures shall be maintained except as hereinafter provided or except as may be permitted as a home occupation.

 

 

 

 

c.

The following uses, when accessory to the residential use of land or structures by residents, shall be permitted:

 

 

 

 

 

(1)

Sleeping, eating, and recreational facilities, for which all necessary construction and other required permits have been obtained.

 

 

 

 

 

(2)

Parking of vehicles in facilities and locations on the property not otherwise in conflict with the provisions of this ordinance.

 

 

 

 

 

(3)

Materials used in conjunction with a hobby, avocation, or pastime, the use of which does not otherwise conflict with the provisions of this ordinance.

 

 

 

 

 

(4)

Facilities for household pets, the maintenance of which is not otherwise prohibited by statute, regulation, or the City Code of the City of Phoenix and which facilities are in compliance with all applicable ordinances of the City of Phoenix.

 

 

 

 

 

(5)

A satellite earth station is a class of microwave antenna designed for home reception of satellite broadcast television signals. Although similar in purpose to other non-commercial antennas, their size, placement, and configuration is such that their use in residential districts requires specific standards to ensure their visual and aesthetic compatibility within a residential environment. In contrast to other antennas, satellite earth stations are large and either solid or solid appearing. Their placement on a residential property can have a significant impact on views from adjoining property as well as altering the open character of side and rear yards. The following establishes reasonable standards for the use and enjoyment of satellite earth stations while assuring their compatibility with surrounding property:

 

 

 

 

 

 

(a)

A satellite earth station shall not be located in a front yard or required side yard.

 

 

 

 

 

 

(b)

A satellite earth station shall be used for private, non-commercial purposes, which shall include installations for the residents of a multifamily project.

 

 

 

 

 

 

(c)

When located on a lot containing a single-family or two-family dwelling, the satellite earth station shall be no more than twelve feet above natural grade and screened from adjacent property by solid structures or landscaping. It may be up to eighteen feet above natural grade upon securing a Use Permit so long as the need for increased height is based on an inability to receive signals at the otherwise prescribed locations and height. Conditions of the Use Permit may include landscaping and screening to assure compatibility with surrounding property.

 

 

 

 

 

 

(d)

When located on a lot containing more than one single-family or two-family dwelling or containing multiple-family dwellings, the satellite earth station shall be screened from adjacent property by solid structures or landscaping.

 

 

 

 

 

 

(e)

A satellite earth station of a diameter of one and one-half meters or less may be located anywhere on a residential zoned lot except within the front yard or higher than forty-five feet above natural grade.

 

 

 

 

 

 

d.

Except as may be provided by Use Permit approval in conjunction with a home occupation, no accessory use shall include outdoor display or storage of any of the following listed items, when such items are visible or emit odor, dust, gas, noise, vibration, smoke, heat, or glare beyond any boundary of the lot on which such items are displayed or stored:

 

 

 

 

 

 

(1)

Any building or landscaping materials.

 

 

 

 

 

 

(2)

Any machinery, parts, or appliances.

 

 

 

 

 

 

(3)

Vehicles which are unlicensed, inoperable, or registered to or owned by persons not residing on or the guests of persons residing on the premises.

 

 

 

 

 

 

(4)

Any other chattel used for or intended for a commercial purpose or ultimate use on other than the subject premises.

 

 

 

 

 

***

 

15.

Wireless communication monopoles, roof- or side-mounted antennae, and related facilities as accessory uses to non-residential uses, subject to the following limitations:

 

 

 

 

a.

The wireless communication monopole shall replace an existing pole, light standard, communication facility, or other pole-like structure with a monopole of no greater height and a diameter not to exceed thirty-six inches at the base of the monopole, or when the antenna is attached to an existing pole or a new or existing detached accessory structure that otherwise meets applicable provisions of this ordinance, and subject to the following:

 

 

 

 

 

 

(1)

For purposes of this provision "existing" shall mean that the pole or structure that otherwise conforms to the requirements of the district was constructed on-site not less than ninety days prior to the issuance of permits for the replacement monopole or new antennae; +10

 

 

 

 

 

 

(2)

Replacement monopoles or antennae attached to existing poles or new or existing detached accessory structures shall maintain a minimum three-hundred-foot setback from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings and shall be located no closer to an abutting street than the principal building on the parcel unless a Use Permit is secured in accordance with the provisions of Section 307.

 

 

 

 

 

 

 

At the Use Permit hearing consideration shall be given to reducing the visual impact on the surrounding area through the use of design standards and technology to minimize the height, bulk, and clutter of the facility. Consideration shall also be given to the placement of the facility on the lot or parcel as it may affect existing and potential land use and to the cumulative visual effect that existing wireless communication facilities in the vicinity of the site may have on the ability to mitigate impacts. Approval may be subject to a time limitation when necessary to insure continued compatibility based on land use and available technology;

 

 

 

 

 

 

(3)

Antennae that are enclosed within a new or existing detached accessory structure that otherwise meets the provisions of this ordinance shall not be subject to the setback provisions in Paragraph a(2) above when the antennae are completely screened from view or integrated with the design of the structure and do not extend more than twelve inches from or constitute more than five percent of the surface area to which the antennae are attached;

 

 

 

 

 

 

(4)

Antennae that are attached to an existing wireless communication monopole shall not be subject to the setback provisions in Paragraph a(2) above when:

 

 

 

 

 

 

 

 

(a)

There is no more than one existing wireless communication provider; and

 

 

 

 

 

 

 

 

(b)

The new antenna maintains a maximum four-foot-width antennae array; and

 

 

 

 

 

 

 

 

(c)

The new antenna has no visible wires, cables, pegs, ladders, or similar equipment.

 

 

 

 

 

 

b.

The maximum height of a wireless communication monopole including the base and platform, but excluding attached antennae, shall not exceed sixty-five feet above the finished grade of the site at the base of the monopole;

 

 

 

 

 

 

c.

The maximum height of the antennae attached to a wireless communication monopole or an existing pole or new or existing detached accessory structure shall not exceed eighty feet above the finished grade of the site and shall be attached at a point no higher than sixty-five feet above the finished grade of the site at the base of the monopole or structure unless the antennae are enclosed within a structure and screened from view;

 

 

 

 

 

 

d.

Rooftop-mounted antennae, including not more than two microwave dishes with diameters of not more than one and one-half meters, fifteen feet or less in height as measured above the building height used as part of a commercial mobile radio service system shall be permitted so long as the supporting structure is screened. Rooftop-mounted antennae shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the antennae above the adjacent finished grade of the building unless completely screened;

 

 

 

 

 

 

e.

Antennae mounted on the side of a building shall be permitted as long as the antenna does not extend above the existing profile of the building or does not project more than twelve inches from the building face. The antenna shall be integrated into the building design in a manner that reduces its visual impact. Requests to exceed the established building profile shall be subject to securing a Use Permit in accordance with the provisions of Section 307 when demonstrated that the architectural element to which the antennae are attached is integrated with and in proportion to the building design;

 

 

 

 

 

 

f.

Antennae that are attached to existing or replacement public utility poles (sixty-nine kv or larger) or existing public utility lattice-type tower structures at a point higher than sixty-five feet or which increase the height of the existing pole or tower structure shall be permitted as a matter of right and shall not be subject to the height and setback provisions in Paragraphs a through c above when:

 

 

 

 

 

 

(1)

A Use Permit is secured in accordance with the provisions of Section 307 subject to the following notice provisions:

 

 

 

 

 

 

 

 

(a)

Evidence that notice of the date, time, place, and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within six hundred feet of the subject property; and

 

 

 

 

 

 

 

 

(b)

Evidence that notice of the date, time, place, and nature of the request has been sent to all homeowners' associations registered with the City located within one mile of the subject property.

 

 

 

 

 

 

 

 

(2)

The following guidelines are considered when evaluating the appropriateness of the Use Permit:

 

 

 

 

 

 

 

 

(a)

The maximum height of the pole and antennae does not exceed twelve feet above the height of the existing pole or does not increase the height of the existing pole by more than twenty percent, whichever is less, or when the antenna is attached to a lattice-type tower structure and does not exceed twelve feet above the height of the existing tower;

 

 

 

 

 

 

 

 

(b)

The maximum diameter of a replacement pole (measured at the base of the pole) does not exceed thirty-six inches or forty-eight inches for a drop pole on a substation parcel;

 

 

 

 

 

 

 

 

(c)

The antennae array maintains a maximum four-foot-width when attached to a pole or does not extend more than two feet beyond the sides of a lattice-type tower structure; and

 

 

 

 

 

 

g.

Development review and approval in accordance with Section 507 is required;

 

 

 

 

 

 

h.

The color of a wireless communication monopole shall be compatible with the surrounding environment;

 

 

 

 

 

 

i.

Installation of a wireless communication monopole shall avoid removal of mature vegetation;

 

 

 

 

 

 

j.

Wireless communication monopoles which are installed on properties in or within five hundred feet of a hillside development area as defined in Section 710 shall require a special permit;

 

 

 

 

 

 

k.

Wireless communication monopoles that cannot satisfy these limitations shall require a special permit;

 

 

 

 

 

 

l.

Radiation from the antennae shall not interfere with any existing communication sites;

 

 

 

 

 

 

 

m.

An accessory building shall not exceed one story in height and three hundred square feet of area devoted to a single wireless communication provider or one story in height and six hundred square feet of area devoted to multiple wireless communication providers. Where ground-mounted cabinets are used they shall not exceed eight feet in height or contain an area of more than three hundred square feet for a single wireless communication provider or six hundred square feet for multiple wireless communication providers. An accessory building shall not be located closer to an abutting street than the principal building on the lot or parcel, except for those serving antennae attached to public utility poles which shall be enclosed within the perimeter walls of a substation. An accessory building, ground-mounted cabinets, and all related ground-mounted equipment shall be designed and screened to minimize the visual impact; and

 

 

 

 

 

 

n.

Wireless communication monopoles, antennae, or equipment, the use of which has been discontinued for a period of ninety days, shall be removed from the site unless a Use Permit is secured in accordance with the provisions of Section 307;

 

 

 

 

 

 

o.

The expansion or alteration of wireless communication monopoles and related facilities that do not conform to the standards of this district, other than normal maintenance and repair or co-location as provided in Paragraph a(4) above, shall be subject to the securing of a Use Permit in accordance with Section 307 unless demonstrated that the alteration or expansion reduces the height, bulk, or clutter of the facility;

 

 

 

 

 

 

p.

The following information shall be submitted upon application for a Use Permit, special permit, or development review:

 

 

 

 

 

 

(1)

A site plan identifying all existing and proposed structures on the site including corresponding heights;

 

 

 

 

 

 

(2)

Elevations of the proposed monopole or structure and attached antennae and equipment, accessory buildings, ground-mounted cabinets and equipment, and screening structures or materials;

 

 

 

 

 

 

(3)

Statement on the facility's capacity to allow co-location with other wireless communication providers;

 

 

 

 

 

 

(4)

Location of all wireless communication facilities within a one-mile radius of the site and the applicant's nearest surrounding facilities, including information on the provider, facility type, equipment, and antennae height;

 

 

 

 

 

 

(5)

On applications for new or replacement monopoles, information shall be provided regarding all poles and structures within a one-half-mile radius of the site that exceed thirty feet in height or are equal to or greater than a height beginning fifteen feet below the proposed height of the antennae, whichever is greater, together with a statement on attempts to locate or co-locate on alternative facilities.

 

 

 

 

 

***

 

 

 

 

 

Amend Chapter 6, Section 606 (Residential Estate RE-24 District - One Family Residence), to delete Paragraphs A.8.(5) and 13 and renumber the remaining Section accordingly:

 

 

 

 

 

***

 

8.

Accessory uses and buildings.

 

 

 

 

 

 

a.

Any accessory building shall maintain the same yard requirements as the main building. No accessory use shall be maintained in which there is solicitation of recipients for a service or product, or the operation of the use so that it is commonly known as offering a commercial service or product.

 

 

 

 

b.

No accessory use of land or structures shall be maintained except as hereinafter provided or except as may be permitted as a home occupation.

 

 

 

 

c.

The following uses, when accessory to the residential use of land or structures by residents, shall be permitted:

 

 

 

 

 

 

(1)

Sleeping, eating, and recreational facilities, for which all necessary construction and other required permits have been obtained.

 

 

 

 

 

 

(2)

Parking of vehicles in facilities and locations on the property not otherwise in conflict with the provisions of this ordinance.

 

 

 

 

 

 

(3)

Materials used in conjunction with a hobby, avocation, or pastime, the use of which does not otherwise conflict with the provisions of this ordinance.

 

 

 

 

 

 

(4)

Facilities for household pets, the maintenance of which is not otherwise prohibited by statute, regulation, or the City Code of the City of Phoenix and which facilities are in compliance with all applicable ordinances of the City of Phoenix.

 

 

 

 

 

 

(5)

A satellite earth station is a class of microwave antenna designed for home reception of satellite broadcast television signals. Although similar in purpose to other non-commercial antennas, their size, placement, and configuration is such that their use in residential districts requires specific standards to ensure their visual and aesthetic compatibility within a residential environment. In contrast to other antennas, satellite earth stations are large and either solid or solid appearing. Their placement on a residential property can have a significant impact on views from adjoining property as well as altering the open character of side and rear yards. The following establishes reasonable standards for the use and enjoyment of satellite earth stations while assuring their compatibility with surrounding property:

 

 

 

 

 

 

 

 

(a)

A satellite earth station shall not be located in a front yard or required side yard.

 

 

 

 

 

 

 

 

(b)

A satellite earth station shall be used for private, non-commercial purposes, which shall include installations for the residents of a multifamily project.

 

 

 

 

 

 

 

 

(c)

When located on a lot containing a single-family or two-family dwelling, the satellite earth station shall be no more than twelve feet above natural grade and screened from adjacent property by solid structures or landscaping. It may be up to eighteen feet above natural grade upon securing a Use Permit so long as the need for increased height is based on an inability to receive signals at the otherwise prescribed locations and height. Conditions of the Use Permit may include landscaping and screening to assure compatibility with surrounding property.

 

 

 

 

 

 

 

 

(d)

When located on a lot containing more than one single-family or two-family dwelling or containing multiple-family dwellings, the satellite earth station shall be screened from adjacent property by solid structures or landscaping.

 

 

 

 

 

 

 

 

(e)

A satellite earth station of a diameter of one and one-half meters or less may be located anywhere on a residential zoned lot except within the front yard or higher than forty-five feet above natural grade.

 

 

 

 

d.

Except as may be provided by Use Permit approval in conjunction with a home occupation, no accessory use shall include outdoor display or storage of any of the following listed items, when such items are visible or emit odor, dust, gas, noise, vibration, smoke, heat, or glare beyond any boundary of the lot on which such items are displayed or stored:

 

 

 

 

 

 

(1)

Any building or landscaping materials.

 

 

 

 

 

 

(2)

Any machinery, parts, or appliances.

 

 

 

 

 

 

(3)

Vehicles which are unlicensed, inoperable, or registered to or owned by persons not residing on or the guests of persons residing on the premises.

 

 

 

 

 

 

(4)

Any other chattel used for or intended for a commercial purpose or ultimate use on other than the subject premises.

 

 

 

 

 

***

 

 

 

 

 

13.

Wireless communication monopoles, roof- or side-mounted antennae, and related facilities as accessory uses to non-residential uses, subject to the following limitations:

 

 

 

 

a.

The wireless communication monopole shall replace an existing pole, light standard, communication facility, or other pole-like structure with a monopole of no greater height and a diameter not to exceed thirty-six inches at the base of the monopole, or when the antenna is attached to an existing pole or a new or existing detached accessory structure that otherwise meets applicable provisions of this ordinance, and subject to the following:

 

 

 

 

 

 

(1)

For purposes of this provision "existing" shall mean that the pole or structure that otherwise conforms to the requirements of the district was constructed on-site not less than ninety days prior to the issuance of permits for the replacement monopole or new antennae; +10

 

 

 

 

 

 

(2)

Replacement monopoles or antennae attached to existing poles or new or existing detached accessory structures shall maintain a minimum three-hundred-foot setback from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings and shall be located no closer to an abutting street than the principal building on the parcel unless a Use Permit is secured in accordance with the provisions of Section 307.

 

 

 

 

 

 

 

At the Use Permit hearing consideration shall be given to reducing the visual impact on the surrounding area through the use of design standards and technology to minimize the height, bulk, and clutter of the facility. Consideration shall also be given to the placement of the facility on the lot or parcel as it may affect existing and potential land use and to the cumulative visual effect that existing wireless communication facilities in the vicinity of the site may have on the ability to mitigate impacts. Approval may be subject to a time limitation when necessary to insure continued compatibility based on land use and available technology;

 

 

 

 

 

 

(3)

Antennae that are enclosed within a new or existing detached accessory structure that otherwise meets the provisions of this ordinance shall not be subject to the setback provisions in Paragraph a(2) above when the antennae are completely screened from view or integrated with the design of the structure and do not extend more than twelve inches from or constitute more than five percent of the surface area to which the antennae are attached;

 

 

 

 

 

 

(4)

Antennae that are attached to an existing wireless communication monopole shall not be subject to the setback provisions in Paragraph a(2) above when:

 

 

 

 

 

 

 

 

(a)

There is no more than one existing wireless communication provider; and

 

 

 

 

 

 

 

 

(b)

The new antenna maintains a maximum four-foot-width antennae array; and

 

 

 

 

 

 

 

 

(c)

The new antenna has no visible wires, cables, pegs, ladders, or similar equipment.

 

 

 

 

b.

The maximum height of a wireless communication monopole including the base and platform, but excluding attached antennae, shall not exceed sixty-five feet above the finished grade of the site at the base of the monopole;

 

 

 

 

 

 

c.

The maximum height of the antennae attached to a wireless communication monopole or an existing pole or new or existing detached accessory structure shall not exceed eighty feet above the finished grade of the site and shall be attached at a point no higher than sixty-five feet above the finished grade of the site at the base of the monopole or structure unless the antennae are enclosed within a structure and screened from view;

 

 

 

 

 

 

d.

Rooftop-mounted antennae, including not more than two microwave dishes with diameters of not more than one and one-half meters, fifteen feet or less in height as measured above the building height used as part of a commercial mobile radio service system shall be permitted so long as the supporting structure is screened. Rooftop-mounted antennae shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the antennae above the adjacent finished grade of the building unless completely screened;

 

 

 

 

 

 

e.

Antennae mounted on the side of a building shall be permitted as long as the antenna does not extend above the existing profile of the building or does not project more than twelve inches from the building face. The antenna shall be integrated into the building design in a manner that reduces its visual impact. Requests to exceed the established building profile shall be subject to securing a Use Permit in accordance with the provisions of Section 307 when demonstrated that the architectural element to which the antennae are attached is integrated with and in proportion to the building design;

 

 

 

 

 

 

f.

Antennae that are attached to existing or replacement public utility poles (sixty-nine kv or larger) or existing public utility lattice-type tower structures at a point higher than sixty-five feet or which increase the height of the existing pole or tower structure shall be permitted as a matter of right and shall not be subject to the height and setback provisions in Paragraphs a through c above when:

 

 

 

 

 

 

(1)

A Use Permit is secured in accordance with the provisions of Section 307 subject to the following notice provisions:

 

 

 

 

 

 

 

 

(a)

Evidence that notice of the date, time, place, and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within six hundred feet of the subject property; and

 

 

 

 

 

 

 

 

(b)

Evidence that notice of the date, time, place, and nature of the request has been sent to all homeowners' associations registered with the City located within one mile of the subject property.

 

 

 

 

 

 

 

(2)

The following guidelines are considered when evaluating the appropriateness of the Use Permit:

 

 

 

 

 

 

 

 

(a)

The maximum height of the pole and antennae does not exceed twelve feet above the height of the existing pole or does not increase the height of the existing pole by more than twenty percent, whichever is less, or when the antenna is attached to a lattice-type tower structure and does not exceed twelve feet above the height of the existing tower;

 

 

 

 

 

 

 

 

(b)

The maximum diameter of a replacement pole (measured at the base of the pole) does not exceed thirty-six inches or forty-eight inches for a drop pole on a substation parcel;

 

 

 

 

 

 

 

 

(c)

The antennae array maintains a maximum four-foot-width when attached to a pole or does not extend more than two feet beyond the sides of a lattice-type tower structure; and

 

 

 

 

 

 

 

 

(d)

The antennae arrays have no visible wires, cables, pegs, ladders, or similar equipment when mounted on a pole. Antennae arrays and equipment mounted on a lattice-type tower structure shall be painted to match the existing tower or be screened from view.

 

 

 

 

 

 

g.

Development review and approval in accordance with Section 507 is required;

 

 

 

 

 

 

h.

The color of a wireless communication monopole shall be compatible with the surrounding environment;

 

 

 

 

 

 

i.

Installation of a wireless communication monopole shall avoid removal of mature vegetation;

 

 

 

 

 

 

j.

Wireless communication monopoles which are installed on properties in or within five hundred feet of a hillside development area as defined in Section 710 shall require a special permit;

 

 

 

 

 

 

k.

Wireless communication monopoles that cannot satisfy these limitations shall require a special permit;

 

 

 

 

 

 

l.

Radiation from the antennae shall not interfere with any existing communication sites;

 

 

 

 

 

 

m.

An accessory building shall not exceed one story in height and three hundred square feet of area devoted to a single wireless communication provider or one story in height and six hundred square feet of area devoted to multiple wireless communication providers. Where ground-mounted cabinets are used they shall not exceed eight feet in height or contain an area of more than three hundred square feet for a single wireless communication provider or six hundred square feet for multiple wireless communication providers. An accessory building shall not be located closer to an abutting street than the principal building on the lot or parcel, except for those serving antennae attached to public utility poles which shall be enclosed within the perimeter walls of a substation. An accessory building, ground-mounted cabinets, and all related ground-mounted equipment shall be designed and screened to minimize the visual impact; and

 

 

 

 

 

 

n.

Wireless communication monopoles, antennae, or equipment, the use of which has been discontinued for a period of ninety days, shall be removed from the site unless a Use Permit is secured in accordance with the provisions of Section 307;

 

 

 

 

o.

The expansion or alteration of wireless communication monopoles and related facilities that do not conform to the standards of this district, other than normal maintenance and repair or collocation as provided in Paragraph a(4) above, shall be subject to the securing of a Use Permit in accordance with Section 307 unless demonstrated that the alteration or expansion reduces the height, bulk, or clutter of the facility;

 

 

 

 

 

 

p.

The following information shall be submitted upon application for a Use Permit, special permit, or development review:

 

 

 

 

 

 

(1)

A site plan identifying all existing and proposed structures on the site including corresponding heights;

 

 

 

 

 

 

(2)

Elevations of the proposed monopole or structure and attached antennae and equipment, accessory buildings, ground-mounted cabinets and equipment, and screening structures or materials;

 

 

 

 

 

 

(3)

Statement on the facility's capacity to allow co-location with other wireless communication providers;

 

 

 

 

 

 

(4)

Location of all wireless communication facilities within a one-mile radius of the site and the applicant's nearest surrounding facilities, including information on the provider, facility type, equipment, and antennae height;

 

 

 

 

 

 

 

(5)

On applications for new or replacement monopoles, information shall be provided regarding all poles and structures within a one-half-mile radius of the site that exceed thirty feet in height or are equal to or greater than a height beginning fifteen feet below the proposed height of the antennae, whichever is greater, together with a statement on attempts to locate or co-locate on alternative facilities.

 

 

 

 

 

***

 

 

 

 

 

Amend Chapter 6, Section 608 (Residence Districts), to delete Paragraphs C.12 and C.15 and renumber remaining Section accordingly:

 

 

 

 

 

***

 

12.

A satellite earth station is a class of microwave antenna designed for home reception of satellite broadcast television signals. Although similar in purpose to other non-commercial antennas, their size, placement, and configuration is such that their use in residential districts requires specific standards to ensure their visual and aesthetic compatibility within a residential environment. In contrast to other antennas, satellite earth stations are large and either solid or solid appearing. Their placement on a residential property can have a significant impact on views from adjoining property as well as altering the open character of side and rear yards. The following establishes reasonable standards for the use and enjoyment of satellite earth stations while assuring their compatibility with surrounding property:

 

 

 

 

 

 

a.

A satellite earth station shall not be located in a front yard or required side yard.

 

 

 

 

b.

A satellite earth station shall be used for private, non-commercial purposes, which shall include installations for the residents of a multifamily project.

 

 

 

 

 

 

c.

When located on a lot containing a single-family or two-family dwelling, the satellite earth station shall be not more than twelve feet above natural grade and screened from adjacent property by solid structures or landscaping. It may be up to eighteen feet above natural grade upon securing a Use Permit so long as the need for increased height is based on an inability to receive signals at the otherwise prescribed locations and height. Conditions of the Use Permit may include landscaping and screening to assure compatibility with surrounding property.

 

 

 

 

 

 

d.

When located on a lot containing more than one single-family or two-family dwelling or containing multiple-family dwellings, the satellite earth stations shall be screened from adjacent property by solid structures or landscaping.

 

 

 

 

 

 

e.

A satellite earth station of a diameter of one and one-half meters or less may be located anywhere on a residential zoned lot except within the front yard or higher than forty-five feet above natural grade.

 

 

 

 

 

***

 

15.

Wireless communication monopoles, roof- or side-mounted antennae, and related facilities as accessory uses to non-residential uses, subject to the following limitations:

 

 

 

 

 

 

a.

The wireless communication monopole shall replace an existing pole, light standard, communication facility, or other pole-like structure with a monopole of no greater height and a diameter not to exceed thirty-six inches at the base of the monopole, or when the antenna is attached to an existing pole or a new or existing detached accessory structure that otherwise meets applicable provisions of this ordinance, and subject to the following:

 

 

 

 

 

 

 

(1)

For purposes of this provision "existing" shall mean that the pole or structure that otherwise conforms to the requirements of the district was constructed on-site not less than ninety days prior to the issuance of permits for the replacement monopole or new antennae;

 

 

 

 

 

 

(2)

Replacement monopoles or antennae attached to existing poles or new or existing detached accessory structures shall maintain a minimum three-hundred-foot setback from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings and shall be located no closer to an abutting street than the principal building on the parcel unless a Use Permit is secured in accordance with the provisions of Section 307.

 

 

 

 

 

 

 

 

At the Use Permit hearing consideration shall be given to reducing the visual impact on the surrounding area through the use of design standards and technology to minimize the height, bulk, and clutter of the facility. Consideration shall also be given to the placement of the facility on the lot or parcel as it may affect existing and potential land use and to the cumulative visual effect that existing wireless communication facilities in the vicinity of the site may have on the ability to mitigate impacts. Approval may be subject to a time limitation when necessary to insure continued compatibility based on land use and available technology;

 

 

 

 

 

 

(3)

Antennae that are enclosed within a new or existing detached accessory structure that otherwise meets the provisions of this ordinance shall not be subject to the setback provisions in Paragraph a(2) above when the antennae are completely screened from view or integrated with the design of the structure and do not extend more than twelve inches from or constitute more than five percent of the surface area to which the antennae are attached;

 

 

 

 

 

 

(4)

Antennae that are attached to an existing wireless communication monopole shall not be subject to the setback provisions in Paragraph a(2) above when:

 

 

 

 

 

 

 

 

(a)

There is no more than one existing wireless communication provider; and

 

 

 

 

 

 

 

 

(b)

The new antenna maintains a maximum four-foot-width antennae array; and

 

 

 

 

 

 

 

 

(c)

The new antenna has no visible wires, cables, pegs, ladders, or similar equipment.

 

 

 

 

 

 

b.

The maximum height of a wireless communication monopole including the base and platform, but excluding attached antennae, shall not exceed sixty-five feet above the finished grade of the site at the base of the monopole;

 

 

 

 

c.

The maximum height of the antennae attached to a wireless communication monopole or an existing pole or new or existing detached accessory structure shall not exceed eighty feet above the finished grade of the site and shall be attached at a point no higher than sixty-five feet above the finished grade of the site at the base of the monopole or structure unless the antennae are enclosed within a structure and screened from view;

 

 

 

 

 

 

d.

Rooftop-mounted antennae, including not more than two microwave dishes with diameters of not more than one and one-half meters, fifteen feet or less in height as measured above the building height used as part of a commercial mobile radio service system shall be permitted so long as the supporting structure is screened. Rooftop-mounted antennae shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the antennae above the adjacent finished grade of the building unless completely screened;

 

 

 

 

 

 

e.

Antennae mounted on the side of a building shall be permitted as long as the antenna does not extend above the existing profile of the building or does not project more than twelve inches from the building face. The antenna shall be integrated into the building design in a manner that reduces its visual impact. Requests to exceed the established building profile shall be subject to securing a Use Permit in accordance with the provisions of Section 307 when demonstrated that the architectural element to which the antennae are attached is integrated with and in proportion to the building design;

 

 

 

 

 

 

f.

Antennae that are attached to existing or replacement public utility poles (sixty-nine kv or larger) or existing public utility lattice-type tower structures at a point higher than sixty-five feet or which increase the height of the existing pole or tower structure shall be permitted as a matter of right and shall not be subject to the height and setback provisions in Paragraphs a through c above when:

 

 

 

 

 

 

 

(1)

A Use Permit is secured in accordance with the provisions of Section 307 subject to the following notice provisions:

 

 

 

 

 

 

 

 

(a)

Evidence that notice of the date, time, place, and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within six hundred feet of the subject property; and

 

 

 

 

 

 

 

 

(b)

Evidence that notice of the date, time, place, and nature of the request has been sent to all homeowners' associations registered with the City located within one mile of the subject property.

 

 

 

 

 

 

 

(2)

The following guidelines are considered when evaluating the appropriateness of the Use Permit:

 

 

 

 

 

 

 

 

(a)

The maximum height of the pole and antennae does not exceed twelve feet above the height of the existing pole or does not increase the height of the existing pole by more than twenty percent, whichever is less, or when the antenna is attached to a lattice-type tower structure and does not exceed twelve feet above the height of the existing tower;

 

 

 

 

 

 

 

 

(b)

The maximum diameter of a replacement pole (measured at the base of the pole) does not exceed thirty-six inches or forty-eight inches for a drop pole on a substation parcel;

 

 

 

 

 

 

 

 

(c)

The antennae array maintains a maximum four-foot-width when attached to a pole or does not extend more than two feet beyond the sides of a lattice-type tower structure; and

 

 

 

 

 

 

 

 

(d)

The antennae arrays have no visible wires, cables, pegs, ladders, or similar equipment when mounted on a pole. Antennae arrays and equipment mounted on a lattice-type tower structure shall be painted to match the existing tower or be screened from view.

 

 

 

 

g.

Development review and approval in accordance with Section 507 is required;

 

 

 

 

 

 

h.

The color of a wireless communication monopole shall be compatible with the surrounding environment;

 

 

 

 

 

 

i.

Installation of a wireless communication monopole shall avoid removal of mature vegetation;

 

 

 

 

 

 

j.

Wireless communication monopoles which are installed on properties in or within five hundred feet of a hillside development area as defined in Section 710 shall require a special permit;

 

 

 

 

 

 

k.

Wireless communication monopoles that cannot satisfy these limitations shall require a special permit;

 

 

 

 

 

 

l.

Radiation from the antennae shall not interfere with any existing communication sites;

 

 

 

 

 

 

m.

An accessory building shall not exceed one story in height and three hundred square feet of area devoted to a single wireless communication provider or one story in height and six hundred square feet of area devoted to multiple wireless communication providers. Where ground-mounted cabinets are used they shall not exceed eight feet in height or contain an area of more than three hundred square feet for a single wireless communication provider or six hundred square feet for multiple wireless communication providers. An accessory building shall not be located closer to an abutting street than the principal building on the lot or parcel, except for those serving antennae attached to public utility poles which shall be enclosed within the perimeter walls of a substation. An accessory building, ground-mounted cabinets, and all related ground-mounted equipment shall be designed and screened to minimize the visual impact; and

 

 

 

 

 

 

n.

Wireless communication monopoles, antennae, or equipment, the use of which has been discontinued for a period of ninety days, shall be removed from the site unless a Use Permit is secured in accordance with the provisions of Section 307;

 

 

 

 

 

 

o.

The expansion or alteration of wireless communication monopoles and related facilities that do not conform to the standards of this district, other than normal maintenance and repair or co-location as provided in Paragraph a(4) above, shall be subject to the securing of a Use Permit in accordance with Section 307 unless demonstrated that the alteration or expansion reduces the height, bulk, or clutter of the facility;

 

 

 

 

 

 

p.

The following information shall be submitted upon application for a Use Permit, special permit, or development review:

 

 

 

 

 

 

 

(1)

A site plan identifying all existing and proposed structures on the site including corresponding heights;

 

 

 

 

 

 

(2)

Elevations of the proposed monopole or structure and attached antennae and equipment, accessory buildings, ground-mounted cabinets and equipment, and screening structures or materials;

 

 

 

 

 

 

(3)

Statement on the facility's capacity to allow co-location with other wireless communication providers;

 

 

 

 

 

 

(4)

Location of all wireless communication facilities within a one-mile radius of the site and the applicant's nearest surrounding facilities, including information on the provider, facility type, equipment, and antennae height;

 

 

 

 

 

 

(5)

On applications for new or replacement monopoles, information shall be provided regarding all poles and structures within a one-half-mile radius of the site that exceed thirty feet in height or are equal to or greater than a height beginning fifteen feet below the proposed height of the antennae, whichever is greater, together with a statement on attempts to locate or co-locate on alternative facilities.

 

 

 

 

 

***

 

 

 

 

 

Amend Chapter 6, Sections 616 and 617 (R-3A and R-4 Multiple-Family Residence Districts), to delete Paragraph C.7 in each and renumber remaining Sections accordingly:

 

 

 

 

 

***

 

7.

Rooftop-mounted antennae, including not more than two microwave dishes with diameters of not more than one and one-half meters, fifteen feet or less in height as measured above the building height used as part of a commercial mobile radio service system shall be permitted so long as the supporting structure is screened. The antennae shall be mounted on a multiple-family, commercial, or resort structure on the lot and shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the antennae above the adjacent finished grade of the building unless completely screened. Radiation from the antennae shall not interfere with any existing communication sites.

 

 

 

 

 

***

 

 

 

 

 

 

Amend Chapter 6, Section 618 (R-5 Multiple-Family Residence District), to delete Paragraph C.9 and renumber remaining Section accordingly:

 

 

 

 

 

***

 

9.

Rooftop-mounted antennae, including not more than two microwave dishes with diameters of not more than one and one-half meters, fifteen feet or less in height as measured above the building height used as part of a commercial mobile radio service system shall be permitted so long as the supporting structure is screened. The antennae shall be mounted on a multiple-family, commercial, or resort structure on the lot and shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the antennae above the adjacent finished grade of the building unless completely screened. Radiation from the antennae shall not interfere with any existing communication sites.

 

***

 

 

 

 

 

Amend Chapter 6, Section 621 (Commercial Office C-O District - Restricted Commercial), to delete Paragraphs B.1.j. and B.1.l. and renumber remaining Section accordingly:

 

 

 

 

 

***

 

j.

Microwave antennas are permitted with a Use Permit if the diameter of the dish is more than one and one-half meters and the structures are no higher than twenty-five feet above natural grade. This shall not permit the outdoor display of a microwave antenna for sale, lease, or rental purposes.

 

 

 

 

 

j. k.

Schools: business, data processing, insurance, private real estate, and stenographic. Such schools shall require obtaining a Use Permit subject to the standards and procedures of Section 307 if the site has a common property line with a lot or parcel which is zoned for single-family or multiple-family development. +1

 

 

 

 

 

l.

Wireless communication monopoles, roof- or side-mounted antennae, and related facilities, subject to the following limitations:

 

 

 

 

 

 

1.

The wireless communication monopole shall be subject to securing a Use Permit in accordance with the provisions of Section 307, except as provided in Paragraph 2(b) below, and shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the wireless communication monopole. Notwithstanding the foregoing setbacks, the wireless communication monopole shall be located no closer to an abutting street than the principal building on the lot or parcel or the minimum street side setback, whichever is greater. At the Use Permit hearing consideration shall be given to reducing the visual impact on the surrounding area through the use of design standards and technology to minimize the height, bulk, and clutter of the facility. Consideration shall also be given to the placement of the facility on the lot or parcel as it may affect existing and potential land use and to the cumulative visual effect that existing wireless communication facilities in the vicinity of the site may have on the ability to mitigate impacts. Approval may be subject to a time limitation when necessary to insure continued compatibility based on land use and available technology. A wireless communication monopole that cannot meet these setback standards shall require a special permit;

 

 

 

 

 

 

2.

The wireless communication monopole shall be permitted as a matter of right when replacing an existing pole, light standard, communication facility, or other pole-like structure with a monopole of no greater height and a diameter not to exceed thirty-six inches at the base of the monopole, or when the antenna is attached to an existing pole or a new or existing detached accessory structure that otherwise meets the applicable provisions of this ordinance, and subject to the following conditions:

 

 

 

 

 

 

 

(a)

For purposes of this provision "existing" shall mean that the pole or structure that otherwise conforms to the requirements of the district was constructed on-site not less than ninety days prior to the issuance of permits for the replacement monopole or new antennae;

 

 

 

 

 

 

(b)

Replacement monopoles or antennae attached to existing poles or new or existing detached accessory structures shall maintain a minimum three-hundred-foot setback from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings and shall be located no closer to an abutting street than the principal building on the parcel unless a Use Permit is secured in accordance with the provisions of Section 307 and which shall be subject to the standards for Use Permits as provided in Paragraph 1(a) above;

 

 

 

 

 

 

 

(c)

Antennae that are enclosed within a new or existing detached accessory structure that otherwise meets the provisions of this ordinance shall not be subject to the setback provisions in Paragraph 2(b) above when the antennae are completely screened from view or are integrated with the design of the structure and do not extend more than twelve inches from or constitute more than five percent of the surface area to which the antennae are attached;

 

 

 

 

 

 

 

(d)

Antennae that are attached to an existing wireless communication monopole shall not be subject to the setback provisions in Paragraph 2(b) above when:

 

 

 

 

 

 

 

 

(1)

There is no more than one existing wireless communication provider; and

 

 

 

 

 

 

 

 

(2)

The new antenna maintains a maximum four-foot-width antennae array; and

 

 

 

 

 

 

 

 

(3)

The new antenna has no visible wires, cables, pegs, ladders, or similar equipment.

 

 

 

 

3.

The maximum height of a wireless communication monopole including the base and platform, but excluding attached antennae, shall not exceed sixty-five feet above the finished grade of the site at the base of the monopole;

 

 

 

 

 

 

4.

The maximum height of the antennae attached to a wireless communication monopole or an existing pole or new or existing detached accessory structure shall not exceed eighty feet above the finished grade of the site and shall be attached at a point no higher than sixty-five feet above the finished grade of the site at the base of the monopole or structure unless the antennae are enclosed within a structure and screened from view;

 

 

 

 

 

 

5.

Rooftop-mounted antennae, including not more than two microwave dishes with diameters of not more than one and one-half meters, fifteen feet or less in height as measured above the building height used as part of a commercial mobile radio service system shall be permitted so long as the supporting structure is screened. Such rooftop-mounted antennae shall be subject to the setback requirements in Paragraph 1(a) above unless completely screened;

 

 

 

 

 

 

6.

Antennae mounted on the side of a building shall be permitted as long as the antenna does not extend above the existing profile of the building and does not project more than twelve inches from the building face. The antenna shall be integrated into the building design in a manner that reduces its visual impact. Requests to exceed the established building profile shall be subject to securing a Use Permit in accordance with the provisions of Section 307 when demonstrated that the architectural element to which the antennae are attached is integrated with and in proportion to the building design;

 

 

 

 

 

 

7.

Antennae that are attached to existing or replacement public utility poles (sixty-nine kv or larger) or existing public utility lattice-type tower structures at a point higher than sixty-five feet or which increase the height of the existing pole or tower structure shall not be subject to the height and setback provisions in Paragraphs 2 through 4 above when:

 

 

 

 

 

 

 

(a)

A Use Permit is secured in accordance with the provisions of Section 307 subject to the following notice provisions:

 

 

 

 

 

 

 

 

(1)

Evidence that notice of the date, time, place, and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within six hundred feet of the subject property; and

 

 

 

 

 

 

 

 

(2)

Evidence that notice of the date, time, place, and nature of the request has been sent to all homeowners' associations registered with the City located within one mile of the subject property.

 

 

 

 

 

 

 

 

(b)

The following guidelines are considered when evaluating the appropriateness of the Use Permit:

 

 

 

 

 

 

 

 

(1)

The maximum height of the pole and antennae does not exceed twelve feet above the height of the existing pole or does not increase the height of the existing pole by more than twenty percent, whichever is less, or when the antenna is attached to a lattice-type tower structure and does not exceed twelve feet above the height of the existing tower;

 

 

 

 

 

 

 

 

(2)

The maximum diameter of a replacement pole (measured at the base of the pole) does not exceed thirty-six inches or forty-eight inches for a drop pole located on a substation parcel;

 

 

 

 

 

 

 

 

(3)

The antennae array maintains a maximum four-foot-width when attached to a pole or does not extend more than two feet beyond the sides of a lattice-type tower structure; and

 

 

 

 

 

 

 

 

(4)

The antennae arrays have no visible wires, cables, pegs, ladders, or similar equipment when mounted on a pole. Antennae arrays and equipment mounted on a lattice-type tower structure shall be painted to match the existing tower or otherwise be screened from view.

 

 

 

 

 

 

8.

Development review and approval in accordance with Section 507 is required;

 

 

 

 

 

 

9.

The color of a wireless communication monopole shall be compatible with the surrounding environment;

 

 

 

 

 

 

10.

Installation of a wireless communication monopole shall avoid removal of mature vegetation;

 

 

 

 

 

 

11.

Wireless communication monopoles which are installed on properties in or within five hundred feet of a hillside development area as defined in Section 710 shall require a special permit;

 

 

 

 

 

 

12.

Radiation from the antennae shall not interfere with any existing communication sites;

 

 

 

 

 

 

13.

An accessory building shall not exceed one story in height and three hundred square feet of area devoted to a single wireless communication provider or one story in height and six hundred square feet of area devoted to multiple wireless communication providers. Where ground-mounted cabinets are used they shall not exceed eight feet in height or contain an area of more than three hundred square feet for a single wireless communication provider or six hundred square feet for multiple wireless communication providers. An accessory building shall not be located closer to an abutting street than the principal building on the lot or parcel, except for those serving antennae attached to public utility poles which shall be enclosed within the perimeter walls of a substation. An accessory building, ground-mounted cabinets, and all related ground-mounted equipment shall be designed and screened with walls and/or landscaping to minimize the visual impact; and

 

 

 

 

 

 

14.

Wireless communication monopoles, antennae, or equipment, the use of which has been discontinued for a period of ninety days, shall be removed from the site unless a Use Permit is secured in accordance with the provisions of Section 307;

 

 

 

 

15.

The expansion or alteration of wireless communication monopoles and related facilities that do not conform to the standards of this district, other than normal maintenance and repair or co-location as provided in Paragraph 2(d) above, shall be subject to the securing of a Use Permit in accordance with the provisions of Section 307 unless demonstrated that the alteration or expansion reduces the height, bulk, or clutter of the facility;

 

 

 

 

 

 

16.

The following information shall be submitted upon application for a Use Permit, special permit, or development review:

 

 

 

 

 

 

 

(a)

A site plan identifying all existing and proposed structures on the site including corresponding heights;

 

 

 

 

 

 

 

(b)

Elevations of the proposed monopole or structure, attached antennae and equipment, accessory buildings, ground-mounted cabinets and equipment, and screening structures or materials;

 

 

 

 

 

 

 

(c)

Statement on the facility's capacity to allow co-location with other wireless communication providers;

 

 

 

 

 

 

 

(d)

Location of all wireless communication facilities within a one-mile radius of the site and the applicant's nearest surrounding facilities, including information on the provider, facility type, equipment, and antennae height;

 

 

 

 

 

 

 

(e)

On applications for new or replacement monopoles, information shall be provided regarding all poles and structures within a one-half-mile radius of the site that exceed thirty feet in height or are equal to or greater than a height beginning fifteen feet below the proposed height of the antennae, whichever is greater, together with a statement on attempts to locate or co-locate on alternative facilities.

 

 

 

 

 

***

 

Amend Chapter 6, Section 622 (Commercial C-1 District - Neighborhood Retail), to delete Paragraphs D.101. and D.168. and renumber remaining Section accordingly:

 

***

 

101.

Microwave antenna as an accessory use to any permitted use, subject to the following conditions:

 

 

 

 

 

 

a.

If the microwave antenna has a diameter less than or equal to one and one-half meters and is less than or equal to twenty-five feet in height, it shall be permitted as of right.

 

 

 

 

 

 

b.

If the microwave antenna has a diameter greater than one and one-half meters or is greater than twenty-five feet in height, the antenna shall be screened or incorporated into a building so it is not visible at grade level from adjacent streets or properties, as approved by the Site Planning Division of the Development services Department.

 

 

 

 

 

 

c.

If the microwave antenna cannot satisfy the conditions in Subsections a or b above and is placed on a building, it shall be subject to obtaining a Use Permit in accordance with the provisions of Section 307.

 

 

 

 

 

 

d.

If the microwave antenna cannot satisfy the conditions in Subsections a or b above and is placed on a tower or other similar structure, it shall be subject to obtaining a special permit in accordance with the provisions of Section 504.1.

 

 

 

 

 

***

 

 

 

168.

Wireless communication monopoles, roof- or side-mounted antennae, and related facilities, subject to the following limitations:

 

 

 

 

 

 

1.

The wireless communication monopole shall be subject to securing a Use Permit in accordance with the provisions of Section 307, except as provided in Paragraph 2(b) below, and shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the wireless communication monopole. Notwithstanding the foregoing setbacks, the wireless communication monopole shall be located no closer to an abutting street than the principal building on the lot or parcel or the minimum street side setback, whichever is greater. At the Use Permit hearing consideration shall be given to reducing the visual impact on the surrounding area through the use of design standards and technology to minimize the height, bulk, and clutter of the facility. Consideration shall also be given to the placement of the facility on the lot or parcel as it may affect existing and potential land use and to the cumulative visual effect that existing wireless communication facilities in the vicinity of the site may have on the ability to mitigate impacts. Approval may be subject to a time limitation when necessary to insure continued compatibility based on land use and available technology. A wireless communication monopole that cannot meet these setback standards shall require a special permit;

 

 

 

 

 

 

2.

The wireless communication monopole shall be permitted as a matter of right when replacing an existing pole, light standard, communication facility, or other pole-like structure with a monopole of no greater height and a diameter not to exceed thirty-six inches at the base of the monopole, or when the antenna is attached to an existing pole or a new or existing detached accessory structure that otherwise meets the applicable provisions of this ordinance, and subject to the following conditions:

 

 

 

 

 

 

(a)

For purposes of this provision "existing" shall mean that the pole or structure that otherwise conforms to the requirements of the district was constructed on-site not less than ninety days prior to the issuance of permits for the replacement monopole or new antennae;

 

 

 

 

 

 

 

(b)

Replacement monopoles or antennae attached to existing poles or new or existing detached accessory structures shall maintain a minimum three-hundred-foot setback from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings and shall be located no closer to an abutting street than the principal building on the parcel unless a Use Permit is secured in accordance with the provisions of Section 307 and which shall be subject to the standards for Use Permits as provided in Paragraph 1(a) above.

 

 

 

 

 

 

 

(c)

Antennae that are enclosed within a new or existing detached accessory structure that otherwise meets the provisions of this ordinance shall not be subject to the setback provisions in Paragraph 2(b) above when the antennae are completely screened from view or are integrated with the design of the structure and do not extend more than twelve inches from or constitute more than five percent of the surface area to which the antennae are attached.

 

 

 

 

 

 

 

(d)

Antennae that are attached to an existing wireless communication monopole shall not be subject to the setback provisions in Paragraph 2(b) above when:

 

 

 

 

 

 

 

 

(1)

There is no more than one existing wireless communication provider; and

 

 

 

 

 

 

 

 

(2)

The new antenna maintains a maximum four-foot-width antennae array; and

 

 

 

 

 

 

 

 

(3)

The new antenna has no visible wires, cables, pegs, ladders, or similar equipment.

 

 

 

 

 

 

3.

The maximum height of a wireless communication monopole including the base and platform, but excluding attached antennae, shall not exceed sixty-five feet above the finished grade of the site at the base of the monopole;

 

 

 

 

 

 

4.

The maximum height of the antennae attached to a wireless communication monopole or an existing pole or new or existing detached accessory structure shall not exceed eighty feet above the finished grade of the site and shall be attached at a point no higher than sixty-five feet above the finished grade of the site at the base of the monopole or structure unless the antennae are enclosed within a structure and screened from view;

 

 

 

 

 

 

5.

Rooftop-mounted antennae, including not more than two microwave dishes with diameters of not more than one and one-half meters, fifteen feet or less in height as measured above the building height used as part of a commercial mobile radio service system shall be permitted so long as the supporting structure is screened. Such rooftop-mounted antennae shall be subject to the setback requirements in Paragraph 1(a) above unless completely screened;

 

 

 

 

 

 

6.

Antennae mounted on the side of a building shall be permitted as long as the antenna does not extend above the existing profile of the building and does not project more than twelve inches from the building face. The antenna shall be integrated into the building design in a manner that reduces its visual impact. Requests to exceed the established building profile shall be subject to securing a Use Permit in accordance with the provisions of Section 307 when demonstrated that the architectural element to which the antennae are attached is integrated with and in proportion to the building design;

 

 

 

 

 

 

7.

Antennae that are attached to existing or replacement public utility poles (sixty-nine kv or larger) or existing public utility lattice-type tower structures at a point higher than sixty-five feet or which increase the height of the existing pole or tower structure shall not be subject to the height and setback provisions in Paragraphs 2 through 4 above when:

 

 

 

 

 

 

 

(a)

A Use Permit is secured in accordance with the provisions of Section 307 subject to the following notice provisions:

 

 

 

 

 

 

 

 

(1)

Evidence that notice of the date, time, place, and nature of the request has been sent by first class mail to each real property owner, as shown on the last assessment of the property, within six hundred feet of the subject property; and

 

 

 

 

 

 

 

 

(2)

Evidence that notice of the date, time, place, and nature of the request has been sent to all homeowners' associations registered with the City located within one mile of the subject property.

 

 

 

 

 

 

 

 

(b)

The following guidelines are considered when evaluating the appropriateness of the Use Permit:

 

 

 

 

 

 

 

 

(1)

The maximum height of the pole and antennae does not exceed twelve feet above the height of the existing pole or does not increase the height of the existing pole by more than twenty percent, whichever is less, or when the antenna is attached to a lattice-type tower structure and does not exceed twelve feet above the height of the existing tower;

 

 

 

 

 

 

 

 

(2)

The maximum diameter of a replacement pole (measured at the base of the pole) does not exceed thirty-six inches or forty-eight inches for a drop pole located on a substation parcel;

 

 

 

 

 

 

 

 

(3)

The antennae array maintains a maximum four-foot-width when attached to a pole or does not extend more than two feet beyond the sides of a lattice-type tower structure; and

 

 

 

 

 

 

 

 

(4)

The antennae arrays have no visible wires, cables, pegs, ladders, or similar equipment when mounted on a pole. Antennae arrays and equipment mounted on a lattice-type tower structure shall be painted to match the existing tower or otherwise be screened from view.

 

 

 

 

 

 

8.

Development review and approval in accordance with Section 507 is required;

 

 

 

 

9.

The color of a wireless communication monopole shall be compatible with the surrounding environment;

 

 

 

 

 

 

10.

Installation of a wireless communication monopole shall avoid removal of mature vegetation;

 

 

 

 

 

 

11.

Wireless communication monopoles which are installed on properties in or within five hundred feet of a hillside development area as defined in Section 710 shall require a special permit;

 

 

 

 

12.

Radiation from the antennae shall not interfere with any existing communication sites;

 

 

 

 

 

 

13.

An accessory building shall not exceed one story in height and three hundred square feet of area devoted to a single wireless communication provider or one story in height and six hundred square feet of area devoted to multiple wireless communication providers. Where ground-mounted cabinets are used they shall not exceed eight feet in height or contain an area of more than three hundred square feet for a single wireless communication provider or six hundred square feet for multiple wireless communication providers. An accessory building shall not be located closer to an abutting street than the principal building on the lot or parcel, except for those serving antennae attached to public utility poles which shall be enclosed within the perimeter walls of a substation. An accessory building, ground-mounted cabinets, and all related ground-mounted equipment shall be designed and screened with walls and/or landscaping to minimize the visual impact; and

 

 

 

 

 

 

14.

Wireless communication monopoles, antennae, or equipment, the use of which has been discontinued for a period of ninety days, shall be removed from the site unless a Use Permit is secured in accordance with the provisions of Section 307;

 

 

 

 

 

 

15.

The expansion or alteration of wireless communication monopoles and related facilities that do not conform to the standards of this district, other than normal maintenance and repair or co-location as provided in Paragraph 2(d) above, shall be subject to the securing of a Use Permit in accordance with the provisions of Section 307 unless demonstrated that the alteration or expansion reduces the height, bulk, or clutter of the facility;

 

 

 

 

 

 

16.

The following information shall be submitted upon application for a Use Permit, special permit, or development review:

 

 

 

 

 

 

 

(a)

A site plan identifying all existing and proposed structures on the site including corresponding heights;

 

 

 

 

 

 

 

(b)

Elevations of the proposed monopole or structure, attached antennae and equipment, accessory buildings, ground-mounted cabinets and equipment, and screening structures or materials;

 

 

 

 

 

 

 

(c)

Statement on the facility's capacity to allow co-location with other wireless communication providers;

 

 

 

 

 

 

 

(d)

Location of all wireless communication facilities within a one-mile radius of the site and the applicant's nearest surrounding facilities, including information on the provider, facility type, equipment, and antennae height;

 

 

 

 

 

 

 

(e)

On applications for new or replacement monopoles, information shall be provided regarding all poles and structures within a one-half-mile radius of the site that exceed thirty feet in height or are equal to or greater than a height beginning fifteen feet below the proposed height of the antennae, whichever is greater, together with a statement on attempts to locate or co-locate on alternative facilities.

 

 

 

 

 

***

 

Amend Chapter 6, Section 626 (Commerce Park District), to delete Paragraphs C.2.f., D.2.f., and E.2.p. and renumber remaining Section accordingly:

 

***

 

 

 

 

 

f./p.

Wireless communication monopoles, roof- or side-mounted antennae, and related facilities, subject to the following limitations:

 

 

 

 

1.

The wireless communication monopole shall be subject to securing a Use Permit in accordance with the provisions of Section 307, except as provided in Paragraph 2(b) below, and shall be set back from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings two feet for every one foot in height of the wireless communication monopole. Notwithstanding the foregoing setbacks, the wireless communication monopole shall be located no closer to an abutting street than the principal building on the lot or parcel or the minimum street side setback, whichever is greater. At the Use Permit hearing consideration shall be given to reducing the visual impact on the surrounding area through the use of design standards and technology to minimize the height, bulk, and clutter of the facility. Consideration shall also be given to the placement of the facility on the lot or parcel as it may affect existing and potential land use and to the cumulative visual effect that existing wireless communication facilities in the vicinity of the site may have on the ability to mitigate impacts. Approval may be subject to a time limitation when necessary to insure continued compatibility based on land use and available technology. A wireless communication monopole that cannot meet these setback standards shall require a special permit;

 

 

 

 

 

 

2.

The wireless communication monopole shall be permitted as a matter of right when replacing an existing pole, light standard, communication facility, or other pole-like structure with a monopole of no greater height and a diameter not to exceed thirty-six inches at the base of the monopole, or when the antenna is attached to an existing pole or a new or existing detached accessory structure that otherwise meets the applicable provisions of this ordinance, and subject to the following conditions:

 

 

 

 

 

 

 

(a)

For purposes of this provision "existing" shall mean that the pole or structure that otherwise conforms to the requirements of the district was constructed on-site not less than ninety days prior to the issuance of permits for the replacement monopole or new antennae;

 

 

 

 

 

 

(b)

Replacement monopoles or antennae attached to existing poles or new or existing detached accessory structures shall maintain a minimum three-hundred-foot setback from a property line that abuts land zoned RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, S-1, or PAD-1 through PAD-13 or used for single-family residential dwellings and shall be located no closer to an abutting street than the principal building on the parcel unless a Use Permit is secured in accordance with the provisions of Section 307 and which shall be subject to the standards for Use Permits as provided in Paragraph 1(a) above;

 

 

 

 

 

 

 

(c)

Antennae that are enclosed within a new or existing detached accessory structure that otherwise meets the provisions of this ordinance shall not be subject to the setback provisions in Paragraph 2(b) above when the antennae are completely screened from view or are integrated with the design of the structure and do not extend more than twelve inches from or constitute more than five percent of the surface area to which the antennae are attached;

 

 

 

 

 

 

 

(d)

Antennae that are attached to an existing wireless communication monopole shall not be subject to the setback provisions in Paragraph 2(b) above when:

 

 

 

 

 

 

 

 

(1)

There is no more than one existing wireless communication provider; and

 

 

 

 

 

 

 

 

(2)

The new antenna maintains a maximum four-foot-width antennae array; and

 

 

 

 

 

 

 

 

(3)

The new antenna has no visible wires, cables, pegs, ladders, or similar equipment.