PVE’s Wireless Facility Ordinance

PVE’s Wireless Facility ordinance has been reproduced here for convenience.  Please check the City website (link) for any late updates.  Note the PVE also has very specific application instructions that must be followed when applying for a wireless facility in the City,

 

Title 18 ZONING REGULATIONS

Chapter 18.55 PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS

Chapter 18.55
PERSONAL WIRELESS SERVICE FACILITIES AND COMMERCIAL ANTENNAS

Sections:

18.55.010    Purpose.

18.55.020    Definitions.

18.55.030    Application.

18.55.040    Design standards.

18.55.045    Maintenance.

18.55.050    Termination of use.

18.55.055    Fee or tax.

18.55.010 Purpose.

This chapter is enacted pursuant to 47 U.S.C. Section 332(c)(7) to provide standards for personal wireless service facilities and commercial antennas. It is intended that such facilities be located, installed and operated in a manner consistent with all of the articulated health, safety, and aesthetic objectives of this chapter, while recognizing the benefit of these facilities to the community. This chapter applies to all personal wireless service facilities and commercial antennas located within the city, whether they are located on private property or public property, including the public right-of-way. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 635, 2001)

18.55.020 Definitions.

For the purpose of this chapter, the following words and phrases shall be defined as follows:

“Antenna” means any system of wires, poles, rods, reflecting discs, dishes, whips, or other similar devices used for the transmission or reception of electromagnetic waves.

“Antenna height” means the distance from the grade of the property at the base of the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and its associated support structure when fully extended.

“Antenna structure” means an antenna or array of antennas and its associated support structure, including, without limitation, a mast or tower.

“Base station” means a fixed station at a specified site authorized to communicate with mobile stations, microcells, repeaters, or other wireless stations, usually housed in metal cabinets or small structures on or within close proximity to the antenna structure on the same site.

“Commercial antennas” means all antennas, parabolic dishes, relay towers and antenna support structures used for the transmission and/or reception of radio, television and communication signals for commercial purposes. For the purposes of this definition, “commercial purposes” means communications for hire or material compensation, or the use of commercial frequencies, as these terms are defined by the Federal Communications Commission (FCC). “Commercial antennas” shall not include antennas owned or operated by governmental facilities or personal wireless service facilities.

“Personal wireless service facilities” means facilities for the provision of personal wireless services, as defined in 47 U.S.C. Section 332(c)(7).

“Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in 47 U.S.C. Section 332(c)(7).

“Screening” means the effect of locating an antenna behind a building, wall, facade, fence, landscaping, berm, and/or other specially designed device so that view of the antenna from adjoining and nearby public street rights-of-way and private properties is eliminated or minimized.

“Unlicensed wireless service” means the offering of telecommunications services, using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services, as defined in 47 U.S.C. Section 332(c)(7). (Ord. 700 § 2 (Exh. 1), 2012; Ord. 635, 2001)

18.55.030 Application.

  1. Prior to the installation of a personal wireless service facility or commercial antenna on private property, the owner, or occupant with written permission from the owner, of the lot, premises, parcel of land or building on which a personal wireless service facility or commercial antenna is to be located shall first obtain a conditional use permit (CUP) from the city pursuant to Chapter 17.20 PVEMC.
  2. Prior to the installation of a personal wireless service facility or commercial antenna on public property, including property within the public right-of-way, the applicant shall first obtain an encroachment permit from the public works director. At least fifteen days prior to issuing the permit, written notice of the application shall be sent to all property owners within a three-hundred-foot radius of the proposed facility. In issuing the permit, the public works director shall take into consideration all comments provided by the public, and may impose conditions on the permit prior to its issuance relating to the time, place, and manner of use of the public property. The public works director may deny the permit if the application is incomplete, or the project does not adequately mitigate the facility’s adverse impact on the health, safety or welfare of the community, including, but not limited to, adverse aesthetic impacts arising from the proposed time, place, and manner of use of the public property. In reviewing an application for a personal wireless service facility, the public works director may also deny the permit if he or she determines that the proposed facility is not needed to close a significant gap in coverage. Within fifteen days after the determination by the director to issue or deny the permit, any person may appeal the decision to the planning commission. Should an appeal be made, issuance of the permit shall be stayed. If no appeal is made within the fifteen-day period, the permit shall be issued. The public works director may, in his or her discretion, refer any application to the planning commission for a decision on the issuance of the permit. The hearing on the appeal or referral to the planning commission shall be held following at least fifteen days’ notice to the applicant and all property owners within a three-hundred-foot radius of the proposed facility. The decision of the planning commission shall be based on the same standards as applicable to the public works director.
  3. All applications for a permit for the installation of a personal wireless service facility or commercial antenna, whether on public or private property, shall contain the following information:
  4. A legal description of the property where the personal wireless service facility or commercial antenna is to be installed.
  5. A radius map and a certified list of the names and addresses of all property owners within three hundred feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor.
  6. A plot plan of the lot, premises or parcel of land, showing the exact location of the proposed personal wireless service facility or commercial antenna (including all related equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, trash enclosures, and property lines.
  7. Building elevations and roof plan (for building- and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides.
  8. Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the facility.
  9. Manufacturer’s specifications, including installation specifications, exact location of cables, wiring, materials, color, and any support devices that may be required.
  10. A silhouette or mock-up including all proposed antenna structures, antennas, and related accessory equipment constructed prior to notice being given to the public, in order for the planning commission or the public works director to assess aesthetic impacts to surrounding land uses and public rights-of-way. This requirement may be waived by the public works director.
  11. Certified documentation by a licensed engineer demonstrating that any proposed personal wireless service facility or commercial antenna will comply with the most current allowable radiation standards as allowed by the Federal Communications Commission for nonionizing electromagnetic radiation (NIER) and electromagnetic fields (EMF). In the event that certified documentation cannot be submitted, the city may hire a consultant to evaluate the potential NIER or EMF of the proposed facility. The fee charged by the consultant shall be paid by the applicant.
  12. Identification of materials contained within the facility which are potentially harmful to persons, animals, or vegetation, and a description of the methods of protection from harm.
  13. Any other information as deemed necessary by the city in order to consider an application for a personal wireless service facility or commercial antenna.

The application shall be accompanied by the appropriate fee as set forth in this chapter. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 635, 2001)

18.55.040 Design standards.

The following general design guidelines shall be considered for regulating the location, design, and aesthetics for a personal wireless service facility or commercial antenna:

  1. Site Selection Criteria.
  2. Personal wireless service facilities and commercial antennas may be located in all zones within the city and on private property, public property, or within the public right-of-way.
  3. If feasible, personal wireless service facilities and commercial antennas should be located at the same site as existing similar facilities unless the new facility would interfere with the operation of such existing facilities, is aesthetically incompatible with them, or would be otherwise detrimental to the community.
  4. All facilities (including all related accessory cabinet(s)) shall meet the setback requirements of the underlying zone. In no case shall any portion of a facility be located in a defined front yard or side yard. The planning commission may require additional setbacks and/or restricted location areas than that specified for the underlying zone based on the existing development of the site and/or surrounding land uses.
  5. Any freestanding ground-mounted personal wireless service facility or commercial antenna, including any related accessory cabinet(s), shall apply towards the allowable lot coverage for structures/buildings of the underlying zone. In no case shall any part of a facility alter vehicular circulation within a site or impede access to and from a site. In no case shall a facility alter off-street parking spaces (such that the required number of parking spaces for a use is decreased) or interfere with the normal operation of the existing use of the site.
  6. Visual Impact.
  7. Facilities shall be designed to be as visually unobtrusive as possible. Colors and designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties.
  8. Facilities shall not be of a bright, shiny or glare-reflective finish. The facility shall be finished in a color to neutralize it and blend it with, rather than contrast it from, the sky and site improvements immediately surrounding; provided, that, wherever feasible, a light color shall be used to meet this requirement.
  9. If feasible, the base station and all wires and cables necessary for the operation of a facility shall be placed underground so that the antenna is the only portion of the facility that is above ground. If the base station is located within or on the roof of a building, it may be placed in any location not visible from surrounding areas outside the building, with any wires and cables attached to the base station screened from public view. The applicant shall demonstrate to the satisfaction of the planning commission or public works director that it is not feasible, either technically or because of cost, to locate the base station below ground.
  10. Innovative design to minimize visual impact must be used whenever the screening potential of the site is low. For example, the visual impact of a site may be mitigated by using existing light standards and telephone poles as mounting structures, or by constructing screening structures which are compatible with surrounding architecture.
  11. Screening of the facility should take into account the existing improvements on or adjacent to the site, including landscaping, walls, fences, berms or other specially designed devices which preclude or minimize the visibility of the facility and the grade of the site as related to surrounding nearby grades of properties and public street rights-of-way.
  12. Landscaping, whether natural or artificial, shall be placed so that the antenna and any other above-ground structure is screened from view to the extent possible.
  13. The maximum antenna height of any personal wireless service facility or commercial antenna shall not exceed the maximum height limit of the underlying zone or the maximum height of an existing building (including any rooftop parapet walls, mechanical rooms, etc.). The applicant may apply for a height increase of up to twenty feet beyond the maximum height of the underlying zone or the maximum height of a building if both of the following conditions are met:
  14. There are no feasible alternate locations or designs that would allow a facility to meet the underlying zone’s maximum height limit.
  15. There are exceptional circumstances such as topography, existing vegetation or structures that require a facility to exceed the underlying zone’s maximum height limit in order to function effectively. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 635, 2001)

18.55.045 Maintenance.

Personal wireless service facilities and commercial antennas shall be maintained on a regular, as-needed basis, or not less than once a year. Maintenance shall include painting and the care and replacement of dead or diseased landscaping installed to minimize the visual obtrusiveness of the facility. Maintenance shall be performed Monday through Friday between the hours of eight a.m. and six p.m., unless the maintenance and repair are of an emergency nature. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 635, 2001)

18.55.050 Termination of use.

If the personal wireless service facility or commercial antenna is located on public property or within a public right-of-way and the permittee desires to terminate its use, written notice of termination shall be given to the public works director prior to the commencement of removal. The facility and all related screening shall be completely removed from its location within thirty days of the date of such notice. Prior to the commencement of removal, a cash bond shall be posted by the permittee in an amount sufficient to cover the cost of such removal. Should the removal not be completed within the thirty-day period, the city may draw upon the bond and complete the removal of the facility. Upon completion of the removal, the bond, or any remaining portion thereof, shall be returned to the permittee. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 635, 2001)

18.55.055 Fee or tax.

The city council may, by resolution, impose any fee or tax permitted by law for the placement of a personal wireless service facility or commercial antenna. Such fee or tax shall be in addition to any fee imposed by the city council for an application for a conditional use permit. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 635, 2001)