Chapter 17.136 WIRELESS COMMUNICATION FACILITIES


Section 17.136.040 Standards.

    All communication facilities must demonstrate compliance with the following standards prior to city approval.
    A.    Preferred Communication Facilities. The order of preference for new or reconstructed permanent communication facilities is as follows from most preferred to least preferred:
    1.    Co-location on existing communication facilities. If not technically feasible;
    2.    Antennas attached to existing commercial or industrial buildings or structures. If not technically feasible, then:
    a.    Concealed Antennas. If not technically feasible,
    b.    Microcell Antenna Towers. If not technically feasible, then
    c.    New communication facilities tower.
    In addition to the above-listed preferences, it is preferred that any new facilities be located on public lands or structures.
    B.    Facilities in Relation to Scenic View Shed and Historic or Cultural Resources. Facilities shall not create an unreasonable adverse impact toward the view from any public park, natural resource area or historic or cultural site. In determining the potential adverse impact of the proposed facility upon such area; the Land Services Department shall consider the following factors:
    1.    The extent to which the proposed communication facility is visible from the viewpoint(s) of the impacted resource;
    2.    The type, number, height and proximity of existing structures and features and background features within the same line of sight as the proposed facility;
    3.    The amount of vegetative screening;
    4.    The distance of the proposed facility from the impacted resource; and
    5.    The presence of reasonable alternatives that allow the facility to function consistently with its purpose.
    C.    Communication Facilities Spacing Requirements. Antenna towers over sixty (60) feet in height shall be located at least five thousand two hundred eighty (5,280) feet from any other communication facility over sixty (60) feet in height. Antenna towers proposed to be located closer than five thousand two hundred eighty (5,280) feet from any other communication facility over sixty (60) feet in height shall be co-located. Exception to spacing requirements may only be allowed if co-location is scientifically proven to be unfeasible and/or where it can be demonstrated that a unique hardship exists to prevent compliance with this section.
    D.    Minimum Setback Requirement.
    1.    From property lines or road rights-of-way, facilities shall be set back minimum distance that is equal to or greater than the height of the facility, plus the height of any building upon which the facility is located, as well as any extensions to the facility (such as lightning rods or lightning devices), plus twenty (20) feet.
    2.    Alternative setbacks may only be approved by the zoning board of adjustment where it can be clearly demonstrated that the location of the proposed facility will take advantage of an existing natural or artificial feature to fully address safety concerns, conceal the facility and minimize its visual impacts.
    3.    Guide wires and equipment buildings and cabinets shall be set back from all property lines a minimum of twenty (20) feet.
    4.    The maximum height of any facility shall not exceed three hundred (300) feet, which shall include the height of any building on which the facility is located.
    E.    Equipment Design. The following equipment design standards shall apply to all new communication facilities:
    1.    Attached antennas on a roof may extend up to fifteen (15) feet over the height of the building or structure.
    2.    Attached antennas on a roof shall be located as close to the center of the roof as possible.
    3.    Attached antennas mounted on a building or structure wall shall be as flush to the wall as technically possible, and shall not project above the top of the wall.
    4.    Attached antennas and equipment shall be located, painted and/or screened to be architecturally and visually compatible with the building or structure it is attached on.
    5.    Microcell towers shall be painted or coated in a uniform non-reflective color that blends with the surrounding building and/or the natural environment. The use of wood poles is further encouraged.
    6.    Communication facility antenna towers shall not be artificially lighted except as required by the FAA or other state or federal agency. If safety lighting is required by the FAA, the use of red beacons is preferred to flashing strobe lights. Security lighting on the site may be mounted up to twenty (20) feet in height, and shall utilize cut-off lighting directed towards the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the tower.
    7.    Equipment buildings shall be compatible with the architectural style of the surrounding built environment considering exterior materials, roof form, scale, mass, color, texture and character. Equipment cabinets shall be located, painted and/or screened to be architecturally and visually compatible with the surrounding built and/or natural environment.
    8.    Equipment shall not generate noise in excess of federal, state and local noise regulations. This does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted.
    F.    Site Design. All communication facilities shall be designed to blend into the surrounding environment to the greatest extent possible. The following measures shall be implemented:
    1.    Screening and landscaping appropriate to the context and in harmony with the character of the surrounding environment is required when any part of the facility is visible from a public right-of-way or adjacent residential use. Natural materials shall be used for screening and fencing. Wire fencing, if utilized, shall be screened from public view. If a facility fronts on a public road or abuts a residential use, a combination of hedges and/or evergreen trees (at least four feet in height when planted) shall be planted along the roadway or around the facility to provide a continuous visual screen. Towers and antenna support structures shall be finish coated in a uniform non-reflective color that blends with the surrounding environment.
    2.    Existing vegetation and grades on the site shall be preserved to the extent possible.
    3.    Signage at the site is limited to non-illuminated warning and equipment identification signs. This does not apply to concealed antennas that are incorporated into freestanding signs.
    4.    Communication facilities shall not include staffed offices, long-term vehicle storage or other outdoor storage, or other uses needed to send, receive or relay transmissions.
    G.    Radio Frequency Emission Standards. All existing and proposed communication facilities are prohibited from exceeding or causing other facilities to exceed the radio frequency emission standards specified by Part 1, practice and procedure, Title 47 of the Code of Federal Regulations, Section 1.1310, Radio Frequency Radiation Exposure Limits. A statement by a licensed professional engineer shall be provided demonstrating that the proposed facility complies with all FCC standards for radio emissions.
    H.    Co-Location Requirements for Communication Facilities.
    1.    Communication facility providers shall cooperate to achieve co-location of facilities and equipment. Communication facility providers shall not act to exclude other providers from co-locating on the same tower or electronic communications site when co-location is structurally and technically feasible. Competitive conflicts shall not be considered adequate reason to preclude co-location.
    2.    In addition to equipment proposed for the applicant’ s use, proposed communication facilities shall be designed in all respects to accommodate both the applicant’ s antenna and comparable antenna for at least two additional users if the antenna tower is over one hundred (100) feet in height, or for at least one additional user if the antenna is between sixty (60) feet and one hundred (100) feet in height.
    3.    No new tower shall be permitted unless the applicant clearly demonstrates that no existing tower or structure can accommodate the applicant’ s proposed antenna by co-locating. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’ s proposed antenna may consist of the following. The term "existing" includes pending applications, as well as approved applications for proposed, but not yet constructed, towers, antennas and facilities:
    a.    No existing towers or structures are located within the geographic area to meet the applicant’ s engineering requirements;
    b.    Existing towers or structures are not of sufficient height to meet the applicant’ s engineering requirements;
    c.    Existing towers or structures do not have sufficient structural strength to support the applicant’ s proposed antenna and related equipment, and cannot be reinforced to provide sufficient strength;
    d.    The applicant’ s proposed antenna would cause electromagnetic interference with the antenna on the existing tower or structure, or the antenna on the existing tower and structures would cause interference with the applicant’ s proposed antenna;
    e.    The fees or costs required to share an existing tower or structure, or to adopt an existing tower or structure for co-location are unreasonable. Costs below new tower development are presumed reasonable;
    f.    Property owners, or owners of existing towers or structure are unwilling to accommodate the applicant’ s needs;
    g.    The applicant clearly demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
    I.    Abandonment. Communication facilities will be considered to be abandoned if they are unused by all providers at the facility for a period of one hundred eighty (180) consecutive days. Determination of abandonment shall be made by the Director of Land Services, who shall have the right to require documentation from the facility owner regarding the tower or antenna usage. Upon determination of abandonment, the facility owner shall have ninety (90) days to:
    1.    Re-use the facility or transfer the facility to another owner who will re-use it; or
    2.    Remove the Facility. If the facility is not re-used or removed within ninety (90) days of determination of abandonment, the city may remove the facility at the facility’ s and/or property owner’ s expense.
    J.    Modification to Existing Facilities.
    1.    Addition of equipment for co-location of additional communication facility providers on existing antenna towers and sites are not subject to additional review if the tower height remains unchanged. However, a permit is required.
    K.    Building Codes and Safety Standards. To insure the structural integrity of communication facilities, the owner of a facility shall insure that it is constructed, operated and maintained in compliance with the standards contained in applicable local, state and federal building codes and the applicable standards for telecommunication facilities, as may be amended from time to time. This must be shown through a completed inspection process or certification by an appropriate regulator agency and a copy of that certification sent to Ravalli County Land Services. (Ord. 225 (part), 2003)