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A. City-Owned Land, Buildings, and Rights-of-Way. The regulatory provisions of this section do not apply to the siting of wireless telecommunications antenna facilities on city-owned land, buildings, and rights-of-way. The proposed siting of these facilities on all city-owned property is subject to development criteria and design guidelines adopted by the city council and will require a license agreement or lease agreement with the city council or another type of approval by the city council.

B. Applicability of Regulations. Subject to the exception set forth in subsection (A) of this section, the regulatory provisions of this section are applicable to the siting of wireless telecommunications antenna facilities on all land and buildings located within all land use zones. The siting and construction of wireless telecommunications antenna facilities in all land use zones is subject to approval of a conditional use permit by the planning commission.

C. Special Provisions for Minor Modifications. An application for a minor modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station, pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), shall be approved as a zoning clearance pursuant to Chapter 20.84 CMC, Part 3.

D. Application for Conditional Use Permit. In addition to the requirements set forth in Chapter 20.84 CMC the application for a conditional use permit must include the following:

1. A site plan, drawn to scale, showing the proposed location of the wireless telecommunications antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, guy wires, above- and below-ground wiring and connection cables, existing or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any existing or proposed accessory equipment facility.

2. A location map showing existing wireless telecommunications antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for future area coverage.

3. Detailed engineering calculations for foundation and wind loads, which calculations will be reviewed by the building department during plan check following the issuance of a conditional use permit.

4. Documentation by a study prepared by a qualified engineer that the electromagnetic fields generated at average peak level and maximum peak level of daily operation by the proposed wireless telecommunications facility, in combination with the electromagnetic fields generated at average peak level and maximum peak level of daily operation by any existing or planned wireless telecommunications facility within a radius of 1,500 feet from the proposed facility, will be within the public exposure limits approved by the Federal Communications Commission or any other regulatory agency with jurisdiction, particularly with respect to limits applicable to cumulative exposures to any sensitive receptor land uses located within a 1,500-foot radius of the proposed facility. The study must also analyze and disclose any engineering design alternatives that would minimize the electromagnetic fields generated by the proposed facility, and why such measures, if any, have not been included in the design of the facility.

5. A preliminary environmental review, with special emphasis placed upon the nature and extent of visual impacts.

6. Evidence of any required licenses and approvals to provide wireless telecommunications services in the community.

E. Factors Considered in Issuing Conditional Use Permits. The planning commission must consider the following factors in determining whether to issue a conditional use permit for a wireless telecommunications antenna facility:

1. Height of the proposed facility.

2. Proximity of the proposed facility to residential structures and to boundaries of residentially zoned districts.

3. The nature of existing uses on adjacent and nearby properties.

4. Surrounding topography.

5. Surrounding tree coverage and foliage.

6. Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or co-located on an existing building or an existing support structure.

7. Proposed ingress and egress.

8. Availability of suitable existing buildings or support structures as set forth in this subsection E.

9. That the proposed facility has been designed to minimize the strength of the electromagnetic fields that it generates to the greatest extent feasible, and that the peak electromagnetic fields generated by the proposed facility, in conjunction with the peak electromagnetic fields of any other existing or planned such facilities within a 1,500-foot radius, will not exceed applicable standards for exposure of the public to electromagnetic fields at any location.

F. Development Standards.

1. Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing nonresidential building or support structure must be integrated with the architectural design and coloring of that existing building or support structure.

2. The siting of new support structures is subject to the following additional requirement: No new support structure will be permitted unless the planning commission makes the additional finding that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be reviewed by the planning commission and may consist of any of the following:

a. No existing buildings or support structures are located within the geographic area proposed to be served by the applicant’s facility.

b. Existing buildings or support structures are not of sufficient height or structural strength to meet the applicant’s operational or engineering requirements.

c. The applicant’s proposed facility would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant’s proposed antenna array.

d. The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless telecommunications service structure, or to adapt an existing building or support structure for the location of the new antenna array, are unreasonable.

e. There are other limiting factors that render existing buildings and support provider, in order to co-locate a new antenna array on an existing building or support structures unsuitable for use by the applicant.

3. If co-location of the proposed facility cannot be accomplished, the proposed facility must be sited at least 1,500 feet from any existing facility unless the planning commission determines that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area.

4. If a new support structure for a facility will be visible from adjacent residential properties or from major streets, the planning commission may require that the support structure be screened or camouflaged to mitigate adverse visual impacts.

5. Protective structures housing accessory equipment must not exceed 10 feet in height, must comply with all applicable setback requirements, and must be screened from public view or be made compatible with the color and architectural design of adjacent structures.

6. If a proposed facility will be visible from a residential area or a major street, any required fencing must be of wrought iron or similar decorative materials.

7. No new support structure may project from the roof of a building. A new freestanding support structure must be a minimum of 10 feet from a building on the same site unless that building houses equipment accessory to the support structure.

8. A new support structure that is to be located near a residential use or the boundary of a residential zoning district must be set back from the nearest residential lot line or boundary a distance that is at least equal to the height of that support structure.

9. The exterior of a new support structure must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.

10. Buildings and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

11. No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a telecommunications antenna facility.

12. The applicant and the property owner must sign an agreement, in a form to be provided by the city, that consents to the future co-location of facilities on the building or support structure to be used by the applicant, unless technical considerations preclude that co-location.

G. Maintenance and Cessation of Use. The following requirements apply to wireless telecommunications antenna facilities located on existing buildings or support structures and on new support structures:

1. The site must be maintained in a condition free of trash, debris, and refuse. All graffiti must be removed within 72 hours.

2. If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee must give written notice of such inoperability or nonuse to the director of community development. The antenna array and, if applicable, the support structure and all associated ground equipment and enclosures must be removed within a 90-day period. If such removal does not occur, the city may remove the antenna array and, if applicable, the support structure and all associated ground equipment and enclosures at the permittee’s expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array and ground equipment and enclosures that have become inoperable or have ceased to be used are required to be removed, and the support structure may remain in place until all service providers cease to use it, whereupon it must be removed within a 90-day period, along with all remaining ground equipment and enclosures, by the last service provider to have used the facility. (Ord. 690 § 4 (Exh. A), 2018).