MD - Rockville: FINANCIAL ADVISORY BOARD

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FINANCIAL ADVISORY BOARD

Any person who requires assistance in order to attend a city meeting should call the ADA Coordinator at 240-314-8108.

7:00 PM 1. Convene
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2.
Pledge of Allegiance

No additional detail provided

3.
Agenda Review

7:05 PM 4. City Manager's Report 7:10 PM 5. Proclamation A. Proclamation Declaring September 22, 2019, as Car Free Day in Rockville

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B.
Proclamation Declaring National Hispanic Heritage Month

7:25 PM 6. Community Forum Any member of the community may address the Mayor and Council for 3 minutes during Community Forum. Unless otherwise indicated, Community Forum is included on the agenda for every regular Mayor and Council meeting, generally between 7:00 and 7:30 pm. Call the City Clerk/Director of Council Operation's Office at 240-314-8280 to sign up to speak in advance or sign up in the Mayor and Council Chamber the night of the meeting.

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7.
Mayor and Council's Response to Community Forum

No additional detail provided

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8.
Mayor and Council Announcements

Mayor and Council September 16, 2019 7:45 PM 9. Public Hearing on Zoning Text Amendment Application TXT2019-00251 - to Regulate the Installation of Small Cell Antennas; Mayor and Council of Rockville, Applicant 8:15 PM 10. Consent

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A.
Award of NJPA Rider Contract 041217-PII, Peterson Lightning Loader Grapple Truck, to Virginia Public Works Equipment Company Inc., in the Amount of 143,111.

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B.
Approval of Minutes

8:20 PM 11. Financial Advisory Board FY 2019 Annual Report and FY 2020 Action Plan

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8:50 PM 12. Supplemental Employee Contributions (SEC)

9:25 PM 13. Discussion of County's Homeless Shelter Proposal for 6 Taft Court (The Staff Report for This Item Will be Provided Prior to the Meeting Date).

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9:50 PM 14. Discussion and Instructions to Staff on Zoning Text Amendment Application TXT2019-00254 - to Revise the Development Standards for Accessory Buildings in Residential Zones, and for Accessory Buildings Located in Both the MXT (Mixed-Use Transition) and HD (Historic District) Zones; Mayor and Council of Rockville, Applicant

No additional detail provided

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10:25 PM 15. Review and Comment - Mayor and Council Action Report

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A.
Action Report

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16.
Review and Comment - Future Agendas

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A.
Future Agendas

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17.
Old/New Business

10:40 PM 18. Adjournment Mayor and Council September 16, 2019

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The Mayor and Council Rules and Procedures and Operating Guidelines establish procedures and practices for Mayor and Council meetings, including public hearing procedures. They are available at: http://www.rockvillemd.gov/mcguidelines.

No additional detail provided

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Mayor Council Meeting Date: September 16, 2019 Agenda Item Type: Proclamation

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Department: City Clerk/Director of Council Operations Office Responsible Staff: Oleg Kotov

Subject Proclamation Declaring September 22, 2019, as Car Free Day in Rockville
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Recommendation Staff recommends that the Mayor and Council read, approve, and present the proclamation to Eric Fulton, Chair of the Rockville Pedestrian Advocacy Committee.

Discussion Car Free Day is an international event celebrated every September 22 in which people are encouraged to abandon their cars and instead use transportation such as trains, buses, bicycles, car pools, van pools, subways, or walk. Car Free Day is organized in various cities throughout the world in different ways, all with the common goal of reducing the number of

Tagged Passions:recognition, council, Public Transit, transportation, events, Bicycles, Pedestrian, and bicycles

cars on the streets. The benefit to the greater society is a day with less traffic congestion, a

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greener environment, and a reduced gasoline demand.

The Metropolitan Washington Council of Governments, through the Transportation Planning Board (TPB) of the National Capital Region, is promoting Car Free Day. Locally, Car Free

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Day was first recognized by the District of Columbia in 2007. A regional roll out occurred in

2008 with TPB support. The Council of Governments' Commuter Connections Program promotes and organizes the annual Car Free Day event, along with its network members throughout the region. Primary targets are individuals who ordinarily travel alone by car for
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work, errands, and classes. Secondary groups are those already in car free travel modes.

Car Free Day includes celebrations in 46 countries and over 2,000 cities. In 2017, the

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number of people in the Washington region that pledged to park their cars and take transit,

bike, walk, or car pool to work and other destinations far exceeded the previous year s pledge total of approximately 4,500 by more than 50 percent. In 2013, according to the 2013 American Community Survey, 60 percent of Washington region commutes were non-auto, with 14 percent walking, 5 percent biking and the remainder 40 percent using public transit. The Sustainable DC Plan is to make 75 percent of all commutes in the Washington region non-auto by the year 2032, and for 25 percent of commutes to be walking or biking. Mayor and Council History This is the fifth year that the Mayor and Council have recognized Car Free Day in the City of Rockville. 5.A Packet Pg. 4 Attachments Attachment 5.A.a: 2019 Car Free Day Proclamation (PDF) 5.A Packet Pg. 5 5.A.a Packet Pg. 6 A tta ch m
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Mayor Council Meeting Date: September 16, 2019 Agenda Item Type: Proclamation

Department: CMO - Public Information and Community Engagement Responsible Staff: Hjarman Cordero Subject Proclamation Declaring National Hispanic Heritage Month
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Recommendation Staff recommends that the Mayor and Council read, approve and present the proclamation.

Discussion

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During National Hispanic Heritage Month, we recognize Hispanic Americans for helping to shape our city and strengthen our communities. The vitality and warmth of the Hispanic culture are great gifts to our city and are part of the fabric of Rockville. This celebration takes place between September 15 and October 15. This period also marks the celebration of independence of five central American countries. The celebration was extended from one week to a month by president Ronald Reagan in 1988. Rockville has a population of more than nine thousand Hispanics.

The proclamation will be received by Nohely Hernandez. Mayor and Council History
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This is the fourth time the Mayor and Council have issued a proclamation for Hispanic Heritage Month.

Attachments Attachment 5.B.a: 2019 Hispanic Heritage Month Proclamation (PDF) 5.B Packet Pg. 7 5.B.a Packet Pg. 8 A tta ch m
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Mayor Council Meeting Date: September 16, 2019 Agenda Item Type: Public Hearing

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Department: PDS - Zoning Review Other Responsible Staff: Deane Mellander

Subject Public Hearing on Zoning Text Amendment Application TXT2019-00251 - to Regulate the Installation of Small Cell Antennas; Mayor and Council of Rockville, Applicant Recommendation Hold Public Hearing. Change in Law or Policy The proposed text amendment will revise the current code regulations for wireless facilities to include specific requirements for the installation of small cell wireless antennas outside of the public rights-of-way. Discussion Background On September 26, 2018, the FCC adopted a declaratory ruling and order (the FCC Order ) broadly interpreting the Act and limiting or pre-empting local government authority on many issues related to the deployment of small cell wireless facilities. Although the FCC Order is being challenged in the courts by numerous local governments from across the United States, it went into effect on January 14, 2018. The City is a participant in one of the pending lawsuits. Under the FCC Order, small wireless facilities are defined as facilities that: (i) are mounted on structures 50 feet or less in height including their antennas, or (ii) are mounted on structures no more than 10 percent taller than other adjacent structures, or (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater. Antennas for small wireless facilities can be no more than three cubic feet in volume, and other equipment associated with the facility can be no more than 28 cubic feet in volume. The FCC Order permits local governments to establish aesthetic requirements for the installation of small wireless facilities. However, the aesthetic requirements must be (1) reasonable; (2) no more burdensome than those applied to other types of infrastructure deployments; and (3) objective and published in advance.
Tagged Passions:regulation, equipment, council, legal, facility, zoning, cell tower, Cell tower, hearing, policy, wireless, Wireless, and court

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Additionally, the FCC Order also established shot clocks , which are timeframes in which local governments must act on applications to install small wireless facilities. The FCC Order requires the City to act on an application to install a small wireless facility on an existing structure in sixty days, and an application to install a small wireless facility on a new antenna support structure in ninety days. If an application is not acted on within the applicable timeframes, the City could face a legal challenge and a court order that would allow the installation to occur as submitted. A summary of the FCC Order is included with the Planning Commission staff report, Attachment 2.
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City Zoning Regulations on Wireless Communication Facilities

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The Mayor and Council adopted text amendment TXT2001-00191 in August, 2001 to provide a comprehensive set of regulations for wireless telecommunications facilities in the City. This language is now incorporated as Section 25.09.08, Wireless Communication Facility , in the current Zoning Ordinance. The thrust of this section is to regulate the location and installation of macro antenna sites. These are typical multi-antenna installations mounted on monopole towers, lattice towers, or on the sides or roofs of buildings. Wireless facilities mounted on a new free-standing structure, i.e., a monopole or lattice tower, are required to obtain a special exception from the Board of Appeals. Facilities located on an existing building or structure are a conditional use, subject to compliance with the provisions of Sec. 25.09.08.b.

These macro sites, which usually consist of three large panel antennas facing in different directions for each carrier, generally provide wireless service coverage for a radius of about 2 to 4 miles. The spacing between the macro antenna locations is dependent on several factors, including elevation, density of wireless traffic, and intervening trees or structures than can attenuate the signal strength.

Tagged Passions:regulation, ordinance, council, facility, sites, Telecommunications, zoning, cell tower, Cell tower, telecommunications, trees, communications, compliance, Communications, wireless, Wireless, and traffic

In dense urban areas, there can be gaps in service because of the height and density of the built environment. Small cell antennas, which are a relatively new and evolving technology, serve several functions the can fill in service gaps; provide additional service in high-traffic areas like city centers; and support 5G wireless service.

Under the current provisions for wireless communications facilities in Section 25.09.08, panel antennas, which can be up to two feet in width and six feet in height, may be mounted on existing buildings or structures that are at least 35 feet in height if used for nonresidential purposes, and 50 feet in height on a multi-family residential building. Antennas may also be located on a ground-mounted support structure, i.e., a monopole or other antenna support structure if the structure receives approval of a special exception by the Board of Appeals. In addition, if a ground-mounted support structure is proposed to be more than 50 feet tall in a residential zone or within 500 feet of a residential zone, or more than 199 feet tall in a nonresidential zone, the Mayor and Council must grant a waiver of the height restrictions under Section 25.09.08.e.3.
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Proposed Revisions to Zoning Regulations

The intent of this proposed amendment is to revise the City s Zoning Ordinance to comply with the FCC Order, while also allowing the City to regulate the deployment of small cell antennas in a manner that meets the needs of the city. Small cell antennas can be much smaller than the typical tower-mounted cell antennas. Normally, only one omnidirectional antenna is needed. The text amendment application as submitted proposes to define small cell antennas as being no larger than three cubic feet in size, which is consistent with the FCC Order. Cumulative volumetric standards of 28 cubic feet are also proposed for equipment enclosures, which is also consistent with the FCC Order. The definitions for Antenna, Antenna support structure, Colocation, Wireless communication facility, and Wireless communication service have all been revised to reflect the current terminology and to reflect the language in the FCC Order. A new definition for Wireless communication facility, small is proposed to be added to specifically address the regulation of small cell facilities in a manner consistent with the FCC Order. The proposed text amendment revises the current language to essentially separate the regulations between small cell antennas and other types of antenna installations, including macro sites and monopoles. The language has also been revised to be consistent with the terminology contained in the FCC order. In some cases, the existing language has been reordered for better clarity of intent. The amendment also proposes to increase the allowable height of macro panel antennas from six feet to eight feet, in line with current industry practice. A new subsection d has been added specifically to regulate small cell antennas. Installations within the public right-of-way are regulated under the provisions in Chapter 21, Streets and Public Improvements, of the City Code, and these regulations have already been promulgated by the Department of Public Works. For installations outside of public rights-of-way, the regulations can be summarized as follows: No antennas can be located on a single-family detached, semi-detached, or townhouse dwelling. No antenna can be located on an accessory building or structure located on the same lot as a dwelling. Antennas must be located at least 25 feet from a single-family dwelling, and 250 feet from another antenna support structure. Installations must be designed and located to minimize visual impacts, including use of stealth technology.

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Support equipment must be enclosed and cannot exceed 5 feet in height.

Antennas cannot exceed 3 cubic feet in volume, and support equipment cannot exceed an aggregate total of 28 cubic feet in volume. Where underground utilities are required, any equipment enclosures must be located below grade, unless incorporated into the base of the support structure.
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No installations permitted on a historic structure or within a historic district where any portion of the installation except the antenna is visible from the ground. If the installation is no longer in use, it must be removed by the owner at their expense. No hazardous materials can be stored on the site. The land use tables for the residential, mixed use and industrial zones are proposed to be amended to reflect the revisions in Article 9. Small cell antennas are added as a conditional use, subject to the new provisions. The current regulations for wireless facilities are still applicable in the RMD zones. In the Industrial zones, the wireless provisions are proposed to be relocated within the tables from the Assembly and Entertainment section to the Industrial and Service Uses section to better reflect the characteristics of the use. Under the FCC Order, the City is prohibited from requiring a wireless provider to prove that there is a gap in coverage and that a small wireless facility is needed in a particular location. Further, the FCC Order limits the City s ability to enact spacing and underground requirements. Attachment 2 is the July 24 staff report, which includes the proposed text amendment along with the initial Planning Commission staff report from June 26, a summary of the FCC Order, and an article from a recent edition of American City and County magazine regarding the installation of 5G technology. Mayor and Council History The Mayor and Council authorized the filing of this text amendment Application on April 2, 2019.
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Public Notification and Engagement

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Notice of the filing of the text amendment application and the date for Planning Commission action were sent to the homeowner s associations and civic associations via the City s listserv. The public hearing has been advertised in a local newspaper of general circulation for two weeks prior to the hearing date.

Boards and Commissions Review The Planning Commission reviewed this text amendment application at its meetings on June 26 and July 24 and recommended approval. The recommendation is included as Attachment 1. Next Steps
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The Discussion and Instructions session is currently scheduled for October 14, 2019. This will be followed by final action on the application.

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Attachments Attachment 9.a: Planning Commission Recommedation on TXT2019-00251 (PDF) Attachment 9.b: Planning Commission Staff Report 7-24-19 (PDF)

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City of Rockville

M E M O R A N D U M

TO: Mayor and Council

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FROM: Planning Commission

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SUBJECT: Planning Commission Recommendation on Zoning Text Amendment Application

TXT2019-00251
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At its meeting on June 26, 2019 the Planning Commission received a briefing and background

report by the staff on Text Amendment Application TXT2018-00251, which proposes new
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regulations for the installation of small cell wireless antennas. At that meeting the Commission

requested additional information regarding the text of the Federal Communications
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Commission s order regarding small cell antenna installations.

On July 24, 2019 the Commission took up consideration of the proposed text amendment for

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recommendation to the Mayor and Council. The Commission notes that there is still pending

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litigation in the Federal courts regarding the FCC s order, which severely limits the power to regulation small cell antennas by local jurisdictions. The Commission requests that the Mayor

and Council monitor the progress of these court actions in case any outcomes may alter the scale of the proposed text amendment. Commissioner Hadley believes that based on the nature of the FCC Order that the city needs some regulation in place in order to properly review any applications that may come before the city while legal appeals are pending.
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Commissioner Littlefield believes that the city should reflect the regulations that are in effect in

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Montgomery County, which cover installations in commercial and employment districts. As a

consequence he does not support the approval of the amendment as drafted.
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After discussion and deliberation on the proposed revisions, the Planning Commission

recommends approval of the proposed zoning text amendment as authorized. Therefore, on a motion by Commissioner Tyner, seconded by Commissioner Hadley, with Commissioners Tyner, Goodman, Sherman, Woods and Hadley voting in favor of the motion, 9.a Packet Pg. 14 A tta ch m

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approval of Text Amendment TXT2018-00251.

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nt en na s) Agenda Item : A Meeting Date: July 24, 2019 Responsible Staff: Deane Mellander SUBJECT: Review and Recommendation to the Mayor and Council -

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Zoning Text Amendment TXT2019-00251 - Small Cell

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Antennas; Mayor and Council of Rockville, Applicants

RECOMMENDATION (Include change in law or Policy if appropriate in this section): Staff recommends that the Planning Commission recommend approval of the Text Amendment to the Mayor and Council. 9.b
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nt en na s) Overview Case: Zoning Text Amendment TXT2019-00251 (Small Cell Antennas)

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Location: City-Wide

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Staff: Deane Mellander Planning and Development Services 240-314-8224 dmellander@rockvillemd.gov

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Applicant: Mayor and Council of Rockville

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Filing Date: April 2, 2019

Discussion The Planning Commission received a briefing on this Text Amendment at its meeting of June 26,

2019. Please refer to the June 26 staff report for a full discussion of the proposed text amendment (see Attachment 2). At that meeting the Planning Commission requested some additional information. Included as Attachment 3 is a summary that contains some of the key provisions of the FCC Order. The following is a link to the full FCC Order related to small cell antenna installations: https://docs.fcc.gov/public/attachments/FCC-18-133A1.pdf Attachment 4 is a recent article from the magazine American City and County recounting potential issues surrounding small cell installations and the FCC Order as it relates to local governments. As recommended in the June 26th attached report, staff recommends that the Planning Commission consider the additional information and make its recommendation for approval of 9.b Packet Pg. 17 A tta ch m
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nt en na s) the proposed text amendment to the Mayor and Council Attachments Zoning Text Amendment TXT2019-00251 (PDF) Planning Commission Staff Report, June 26, 2019 (PDF) Summary of FCC Order (PDF) Smart Cities and Technology Article from American City and County Magazine (PDF) 9.b Packet Pg. 18 A tta ch m

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ATTACHMENT TO APPLICATION

TO THE CITY OF ROCKVILLE FOR A TEXT AMENDMENT TO THE ZONING ORDINANCE
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Applicant: Mayor and Council of Rockville

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The applicant proposes to amend the zoning ordinance adopted on December 15, 2008, and with

an effective date of March 16, 2009, by inserting and replacing the following text (underlining

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indicates text to be added; strikethroughs indicate text to be deleted; * * * indicates text not

affected by the proposed amendment). Further amendments may be made following citizen input, Planning Commission review and Mayor and Council review. Amend Article 3, Definitions; Terms of Measurement and Calculations , as follows: Sec. 25.03.02. - Words and terms defined. *** Antenna means any structure or device used to collect, receive, transmit, or radiate electromagnetic waves, including both directional antennae (such as panels, microwave

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dishes, satellite earth station antennae over two (2) meters in diameter), or diagonal

measurement, and omni-directional antennae (such as whips). This term does not include end-user antennas two (2) meters or less in diameter or diagonal measurement and designed for:

1.
End-user over-the-air reception, not transmission, of multi-channel multi-point

distribution service;

2.
Direct broadcast satellite service;

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3.
End-user reception of signals from an Internet service provider and end-user transmission

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of signals to an Internet service provider;

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4.
Mobile radios; or

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5.
Antennas permitted by right by 47 C.F.R. Section 1.4000, as amended.

Antenna support structure means a structure designed for the primary purpose of supporting one (1) or more antennae (including telescoping mast, tower, monopole, tethered blimp, or

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other support structure). The term includes structures located on buildings or other

structures, ground-mounted, or tethered, and towers, as defined in 47 C.F.R. Section 1.40001(b)(9). Without limitation, the term does not include utility poles or structures,

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including public structures in the public right-of-way.

***

Collocation means the use of a wireless telecommunications facility by more than one (1)

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wireless service provider has the same meaning as in 47. C.F.R. Section 1.4001(g).

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Equipment enclosure means, for purposes of a wireless communication facility, a freestanding or mounted structure, shelter, cabinet, or vault used to house and to protect the
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electronic equipment and associated equipment necessary for processing wireless

communication signals. Associated equipment may include air conditioners, back-up power supplies, and emergency generators. *** Small wireless communication facility See Wireless communication facility, small. *** Wireless communication facility means a facility fixed at a location temporarily or

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permanently for the transmission and/or reception of wireless communication services,

consisting of one (1) or more antennas and the equipment at that location necessary to the provision or reception of wireless communication services, including, but not limited to,
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transmission cables and related equipment enclosures.

Wireless communication facility, small means a wireless communication facility that meets

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each of the following conditions:

1.
The structure on which antenna facilities are mounted:

(a) is 50 feet or less in height; or (b) is no more than ten percent (10 ) taller than other adjacent structures; or (c) is not extended to a height of more than ten percent (10 ) above its preexisting height as a result of the collation of new antenna facilities; and

2.
Each antenna, excluding associated antenna equipment, is no more than three (3) cubic

feet in volume; and

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3.
All antenna equipment associated with the small wireless communication facility,

excluding antennas, is cumulatively no more than twenty-eight (28) cubic feet in volume; and

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4.
The small wireless communication facility does not require antenna structure registration;

and
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5.
The small wireless communication facility does not result in human exposure to

radiofrequency in excess of the applicable safety standards specified by Federal law.
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Wireless communication service means those personal wireless services as defined in the

same manner as in Title 47, U.S. Code, Section 332(c)(7)(c), as they may be amended from time to time and such other services that consist of the transmission, or transmission, and/or transmission and reception of information by electromagnetic wave, digital signals, 9.b Packet Pg. 20 A tta ch m
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broadcast television signals, analog signals, radio frequencies, or other communication

signals. Amend Article 8, Accessory Uses; Accessory Buildings and Structures; Encroachments;
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Temporary Uses; Home-Based Business Enterprises; Wireless Communication Facilities , as

follows: Sec. 25.09.08. - Wireless Communication Facility Facilities.
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a.
Purpose. The purpose of this section is to provide a uniform and comprehensive set of

standards for the development and installation of wireless communication facilities, related

structures, and equipment. 1. The regulations and requirements contained herein are intended to:

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(a) Regulate the placement, construction, and modification of wireless communication

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facilities in order to protect the health, safety, and welfare of the public and the

aesthetic quality of the City; and

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(b) Encourage managed development of wireless communication infrastructure, while

at the same time not unreasonably interfering with the development of the competitive wireless communication marketplace in the City.
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2.
This section is intended to promote the following objectives:

(a) To minimize the total number of wireless communication facilities and antenna support structures throughout the community through siting standards;

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(b) To provide for the appropriate location and development of wireless communication

facilities and related structures and equipment within the City, and, to the extent possible, minimize potential adverse impacts on the community; (c) To minimize adverse visual and aesthetic impacts of wireless communication facilities and related structures and equipment through careful design, siting,

Tagged Passions:equipment, development, Development, communications, Communications, wireless, and Wireless

landscape screening, and innovative camouflaging techniques, such as stealth

technology, and utilizing current and future technologies; (d) To promote and encourage shared use/collocation of antenna support structures; (e) To maintain and preserve the existing residential character of the City and its neighborhoods and promote the creation of a convenient, attractive, and harmonious community; (f) To promote the safety of citizens and avoid the risk of damage to adjacent properties by ensuring that wireless communication facilities and related structures and

Tagged Passions:risk, Technology, communications, technology, buildings and grounds, Communications, wireless, Wireless, and neighborhood

equipment are properly designed, constructed, located, modified, maintained, and

removed; (g) To ensure that wireless communication facilities and related structures and
Tagged Passions:equipment, communications, Communications, wireless, and Wireless

equipment are compatible with surrounding land uses;

(h) To encourage: the location of antennas wireless communication facilities on existing buildings or other structures; collocation of new antennas on existing

Tagged Passions:equipment, communications, Communications, wireless, and Wireless

antenna support structures; camouflaged antenna support structures; and

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construction of antenna support structures with the ability to locate three (3) or

No additional detail provided

Tagged Passions:construction

more providers or users; the deployment of wireless communication facilities in a

manner that does not require substantial alterations to existing structures that

Tagged Passions:communications, Communications, wireless, and Wireless

adversely affects the structure s appearance or the neighborhood; and

(i) To maintain and ensure that a non-discriminatory, competitive, and broad range of high quality wireless communication services and high quality wireless
Tagged Passions:discrimination, services, communications, Communications, wireless, Wireless, and neighborhood

communication infrastructure consistent with laws are available to the community.

No additional detail provided

Tagged Passions:communications and Communications

b.
Wireless Communication Facilities Entirely Within an Existing Building or Attached to

Existing Structures.: Wireless communication facilities attached to the roof or side of a building, or attached to an exsting structure must comply with the following:

Tagged Passions:communications, Communications, wireless, and Wireless

1.
Scope. This subsection applies to wireless communication facilities that (1) do not meet

the definition of small wireless communication facility and (2) are entirely within an existing building or attached to an existing structure.

Tagged Passions:facility, cell tower, Cell tower, communications, Communications, wireless, and Wireless

2.
Development Standards.

No additional detail provided

Tagged Passions:development and Development

1.
(a) The building or other structure on which a wireless communication facility to be

installed must be at least thirty-five (35) feet in height if used for nonresidential purposes and fifty (50) feet in height if used for multiple unit dwelling purposes. In a

Tagged Passions:facility, cell tower, Cell tower, communications, Communications, wireless, and Wireless

mixed-use development, the multiple unit dwelling standard applies. Except as provided

in subsection 25.09.08.e, wireless communication facilities are not permitted on any single unit detached dwelling or appurtenant accessory building or structure.
Tagged Passions:development, Development, communications, commercial, Communications, wireless, and Wireless

2.
(b) The antennas and antenna support structures must be located and designed to

minimize visual impacts through various methods, including, but not limited to, the use of stealth technology. Antennas and antenna support structures must be installed

Tagged Passions:Technology and technology

according to the order of preference in subsections 25.09.08b.2.(b)(i) through (ii) below,

with (ai) being the preferred option. Use of a lower preference location is permitted only if an applicant provides detailed justification as to why higher preference locations are not suitable.

(ai) Antennas must be flush mounted on existing structures, or on either rooftop

enclosures or the side of a building, and closely match the color and architectural

treatment of the structure, enclosure, or building.

(bii) Antennas must be flush-mounted on expanded rooftop mechanical equipment

Tagged Passions:equipment

enclosures, with the enclosures and antennas designed to be consistent with the

No additional detail provided

architectural treatment and color of the building.

(c) The antennas and antenna support structures, regardless of location, must be located

and designed to minimize visual impacts through various methods, including, but not

No additional detail provided

limited to, the use of stealth technology.

Tagged Passions:Technology and technology

(i) Antennas must be enclosed with screening that is include shielding or otherwise be

placed in an enclosure. The enclosures and shielding must be consistent with the

architectural treatment and color of the building or structure.

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(ii) Antennas and support structures must be painted or otherwise treated to minimize

their visibility. Any paint used must be non-reflective paint of the same color as the structure. (iii) No visible lighting is allowed on any wireless facility, except as required by law. 3. (c) Antennas and supporting structures are permitted to exceed the height of the building
Tagged Passions:facility, wireless, and Wireless

or structure to which they are attached by a maximum of nineteen (19) feet. The height

above a building must be measured from the finished roof elevation, and not from the roof of any equipment enclosure. 4. (d) Antennas must comply with the following size standards: (ai) Whip antennas must be no more than seven (7) inches in diameter; and (bii) Panel antennas must be no more than two (2) feet wide and six (6) eight (8) feet long. 5. (e) Equipment enclosures must comply with the requirements of Section 25.09.08.e. An equipment building or cabinet enclosure may be located on the roof of a building

Tagged Passions:equipment

provided it and all other roof structures do not occupy, in the aggregate, more than

twenty-five (25) percent of the roof area.

6.
(f) When an antenna is located on a stadium light or utility pole, the total height of the

No additional detail provided

Tagged Passions:utility, Utility, pole, and stadium

antenna plus the pole or light must not exceed one hundred twenty-five (125) percent of

the average height of the lighting system at the stadium or run of poles within five hundred (500) feet of the pole on which the antenna is located. (g) A wireless communication facility must be designed, installed, and maintained in compliance with all applicable provisions of the City Code including, but not limited to, provisions regulating noise levels, and permit and inspection requirements. (h) When a wireless communication facility is no longer in use, the wireless
Tagged Passions:facility, cell tower, Cell tower, communications, compliance, Communications, wireless, Wireless, pole, stadium, and noise

communication facility must be removed at the expense of the facility owner. Failure

to remove abandoned equipment will result in removal by the City at the expense of the owner.
Tagged Passions:equipment, facility, communications, and Communications

(i) No hazardous material may be located at the site.

c.
Wireless Communication Facilities Located on Attached to Ground-Mounted Antenna

Support Structures.

Tagged Passions:communications, Communications, wireless, and Wireless

1.
Scope. This subsection applies to wireless communication facilities that (1) do not meet

the definition of small wireless communication facility, and (2) are mounted on free- standing ground-mounted antenna support structures. (a) Special exception. Wireless communication facilities covered by this section require the approval of a special exception in accordance with the applicable provisions of article 15 of this chapter. (b) Additional findings required. The following additional findings must be made for the granting of a special exception: 9.b Packet Pg. 23 A tta ch m

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(i) The location is selected because is necessary for the public convenience and

service and cannot be supplied with equivalent public convenience on a the wireless communication facility cannot be attached to an existing building or
Tagged Passions:facility, cell tower, Cell tower, communications, Communications, wireless, and Wireless

structure or collocated on an existing ground-mounted antenna support

structure; and

(ii) For new ground-mounted antenna support structures to be located in a

residential zone or within five hundred (500) feet of a residential zone, it must be demonstrated that a good faith effort has been made to locate the proposed ground-mounted antenna support structure in a nonresidential zone more than five hundred (500) feet from the residential zone, with adequate coverage and

on an isolated site with minimal visual impact.

(c) Independent consultant. The City may hire an independent consultant to review evidence submitted by the applicant, and the applicant must reimburse the City for the reasonable cost of hiring and utilizing such a consultant.
Tagged Passions:services

2.
Development Standards.

No additional detail provided

Tagged Passions:development and Development

(a) The maximum height of the facility, including antenna and other attachments, is

fifty (50) feet in a residential zone, or within five hundred (500) feet of a residential zone, and one hundred ninety-nine (199) feet in all other locations. Height must be measured vertically from the pre-disturbance ground level at the center of the support structure. (b) Monopoles are the preferred type of freestanding ground-mounted antenna support structure. (c) No commercial or promotional signs, banners, or similar devices or materials are
Tagged Passions:facility, materials, and commercial

permitted on antenna support structures.

(d) The ground-mounted antenna support structure must be located and designed in a

manner that is harmonious with surrounding properties, to the extent practicable.

Antenna support structures must be designed to blend into the surrounding

environment through the use of color and camouflaging architectural treatment.

Tagged Passions:Conservation and environment

When practicable, available stealth structure design techniques must be used.

(e) Wireless communication facilities must be located on City-owned property, if feasible. (f) Antenna support structures must be set back one (1) foot for every foot of height of the structure, measured from the base of the structure to each adjoining property line or right-of-way. (g) Lights are not permitted on antenna support structures unless they are required for aircraft warnings or other safety reasons, or to comply with applicable laws and regulations. If required, minimum lighting requirements must be applied, and

Tagged Passions:regulation, communications, property, Communications, wireless, and Wireless

strobe lights must be avoided unless specified by the Federal Aviation

Administration or the Federal Communications Commission.

(h) Outdoor storage of equipment or items related to the wireless communication
Tagged Passions:equipment, boards and commissions, communications, Communications, wireless, and Wireless

facility is prohibited on sites with antenna support structures.

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(i) All antenna support structures erected as part of a wireless communication facility

must be designed to accommodate collocation of additional wireless communication carriers. New antenna support structures of a height of one hundred fifty (150) feet or more must be designed to accommodate collocation of a minimum of four (4) additional providers either upon initial construction or through future modification to the antenna support structure. Antenna support structures of less than one hundred fifty (150) feet must be designed to accommodate collocation of a minimum of two (2) additional providers.

Tagged Passions:construction, facility, cell tower, Cell tower, communications, Communications, wireless, and Wireless

(j) Prior to construction, each applicant must provide certification from a registered

structural engineer that the structure will meet pertinent design, construction, installation, and operation standards, including but not limited to the applicable

Tagged Passions:construction

standards of the Electronics Industries Association (EIA), the Telecommunications

Industry Association (TIA), ANSI, and the BOCA Code in effect at the time of the building permit application. (k) Upon completion of any sale or sublease of an antenna support structure, the owner
Tagged Passions:sale, Telecommunications, and telecommunications

of an antenna support structure must provide written notice to the City's Inspection

Services Division. (l) The owner of a ground-mounted antenna support structure, at the owner's expense, must remove antenna support structures when a wireless communication facility is not used for wireless purposes for a period one hundred eighty (180) days in a 12-
Tagged Passions:facility, cell tower, Cell tower, services, communications, Communications, wireless, and Wireless

month period. The owner of a ground-mounted antenna support structure must

immediately notify the City, in writing, of nonuse or abandonment of the structure

upon its cessation as a wireless communication facility. Failure to remove an abandoned or unused ground-mounted antenna support structure will result in
Tagged Passions:facility, cell tower, Cell tower, communications, Communications, wireless, and Wireless

removal of the structure by the City at the expense of the owner.

(m) When a ground-mounted antenna support structure is removed by an owner, said

owner must apply for a demolition permit to remove the tower. A condition of the

demolition permit is to restore the site to the standards required by the building

Tagged Passions:cell tower, Cell tower, and demolition

code in effect at the time, at no expense to the City.

No additional detail provided

d.
Small Wireless Communication Facilities.

No additional detail provided

Tagged Passions:communications, Communications, wireless, and Wireless

1.
Scope. This subsection applies to small wireless communication facilities.

(a) Small wireless communication facilities in the public rights-of-way. Small wireless

Tagged Passions:communications, Communications, wireless, and Wireless

communication facilities located within the public rights-of-way must comply with

all requirements, standards, and guidelines set forth in or promulgated under Chapter

Tagged Passions:communications and Communications

21
of the City Code.

(b) Small wireless communication facilities outside of the public rights-of-way. Small wireless communication facilities located outside of the public rights-of-way must
Tagged Passions:communications, Communications, wireless, and Wireless

comply with the development standards set forth in subsection d.2.

Tagged Passions:development and Development

2.
Development Standards.

(a) Location. (i) A small wireless communication facility is prohibited from being attached to

Tagged Passions:facility, development, cell tower, Cell tower, Development, communications, Communications, wireless, and Wireless

any single unit attached dwelling, single unit detached dwelling, semidetached

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dwelling, townhouse dwelling, or on any accessory building or structure

located on a lot with such a dwelling. (ii) Within a single dwelling unit residential zone, a small wireless communication facility must be located at least twenty-five (25) feet from a single unit dwelling and two hundred fifty (250) feet away from the nearest existing
Tagged Passions:facility, communications, Communications, wireless, and Wireless

antenna support structure.

(iii) Except as otherwise provided in this section, a small wireless facility may be attached to any existing structure that is at least fifteen (15) feet in height,
Tagged Passions:facility, wireless, and Wireless

measured from grade. The antenna must be a minimum of fifteen (15) feet

above grade. (iv) A small wireless communication facility may be installed on a new antenna
Tagged Passions:facility, cell tower, Cell tower, communications, Communications, wireless, and Wireless

support structure, provided that the antenna must be a minimum of fifteen (15)

feet above grade. (b) Concealment. (i) Small wireless communication facilities must be designed and installed to incorporate specific concealment elements to minimize visual impacts. (ii) All antenna equipment must be placed in an enclosure. (iii) Equipment enclosures, whether located on the structure or ground-mounted, and including any pre-existing equipment enclosures on the structure or ground, may not exceed five (5) feet in height.

Tagged Passions:equipment, communications, Communications, wireless, and Wireless

(iv) Antennas must be shielded or otherwise be placed in an enclosure. If attached

to a pole, the shielding or enclosure must be no laarger than the circumference of the pole at the point of attachment and, if attached to the top of the pole, designed to appear like a continuous vertical extension of the pole. Antennas
Tagged Passions:pole

must not extend more than thirty-six (36) inches in length, extending

vertically from the base of the antenna, either at the top of the pole or

structure, or on the related equipment housing, except that up to six (6) inches in additional height may be permitted for connectors.
Tagged Passions:equipment, pole, and housing

(v) For antennas not located at the top of a pole, the antennas must be flush

mounted on existing structures and closely match the color and architectural
Tagged Passions:pole

treatment of the structure.

(vi) All wiring and cables must be located inside the structure or, if that is not practical, in a conduit attached flush to the structure and painted with non- reflective paint of the same color as the structure. (vii) No visible lighting is allowed on any small wireless facility, except as required by law.
Tagged Passions:facility, wireless, and Wireless

(vi) In residential zones where public utilities are located or are required to be

No additional detail provided

Tagged Passions:utility and Utility

located underground, equipment enclosures must be located below the

existing grade unless the enclosure is incorporated into the base of the pole. 9.b Packet Pg. 26 A tta ch m

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(c) A small wireless communication facility may not be located on a historic structure,

or in an historic district where any portion of the wireless communication facility, except the antenna, would be visible from the ground. (d) A small wireless communication facility must be designed, installed, and maintained in compliance with all applicable provisions of the City Code, including, but not limited to, provisions regulating noise levels, and permit and inspection requirements. (e) When a small wireless communication facility is no longer in use, the small wireless communication facility must be removed at the cost of the facility owner and the properties affected by the facility restored to its prior condition.
Tagged Passions:facility, historic, cell tower, Cell tower, communications, compliance, Communications, wireless, Wireless, and noise

(f) No writing, symbol, logo, sign, or other graphic representation which is visible

from the public right-of-way is allowed to appear on any exterior surface of the

small wireless communication facility; however, the owner of the small wireless

No additional detail provided

Tagged Passions:facility, cell tower, Cell tower, communications, Communications, wireless, and Wireless

communication facility must tag all attachments to structures to allow for ready

Tagged Passions:facility, communications, and Communications

identification of the owner and type of attachment.

(g) No hazardous materials may be located at the site.

Tagged Passions:materials and hazardous materials

de. Equipment Enclosures Located at Ground Level Standards for Wireless Facilities Other than

Small Wireless Facilities. Equipment enclosures located at ground level must comply with the following standards:

Tagged Passions:equipment, wireless, and Wireless

1.
Each equipment enclosure that contains the equipment of a single provider must not

No additional detail provided

Tagged Passions:equipment

exceed five hundred sixty (560) square feet of gross floor area and twelve (12) feet in

height; if more than one (1) provider is to be accommodated in an equipment enclosure, a single equipment enclosure must be constructed to accommodate the maximum
Tagged Passions:equipment

number of providers that are required to collocate on the antenna support structure, up

to a maximum of one thousand five hundred (1,500) square feet in area and twelve (12) feet in height.

2.
The equipment enclosure must conform to the applicable setback standards for main

Tagged Passions:equipment

structures in the zone in which the property is located; setback standards for accessory

buildings and structures in section 25.09.03 are not applicable to equipment enclosures.
Tagged Passions:equipment and property

3.
The equipment enclosure must be screened to provide year-round screening. This

standard may be met by one (1) or a combination of the following: fencing, walls, landscaping, structures or topography which will block the view of the equipment shelter enclosure as much as practicable from any street and/or adjacent properties. In
Tagged Passions:equipment and streets

areas of high visibility, fencing may be wrought iron, masonry, or other decorative

fencing material.

4.
Lighting associated with equipment structures enclosures must be directed so as to

No additional detail provided

Tagged Passions:equipment

minimize any negative impact of such lighting on adjacent properties.

5.
When constructed as a freestanding building, the design of the equipment enclosure

No additional detail provided

Tagged Passions:equipment

must be coordinated with the design of the existing main building on the same lot or, if

there is no building on the lot, with the buildings on an adjoining lot, to the extent practicable. In addition, the equipment enclosure must be constructed of non-reflective materials. 9.b Packet Pg. 27 A tta ch m

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6. When attached to an existing building, the equipment enclosure must be designed in a

Tagged Passions:equipment

manner that is harmonious with the existing building and surrounding properties. Any

paint must be non-reflective paint of the same color as the building.

7.
The equipment enclosure must be removed at the cost of the owner when the wireless

Tagged Passions:equipment, wireless, and Wireless

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