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Millcreek City Hall 1330 E Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-24-004 City Council Staff Report (First Reading) Meeting Date: 7/22/2024 Re: Wireless Telecommunication Code Update Prepared By: Brad Sanderson, AICP Logan and Simpson, Consultant Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS As part of the comprehensive Millcreek Together Code Update, Millcreek Planning Staff has prepared an update of the Wireless Telecommunication Code for the City Council’s consideration. The Wireless Telecommunication Code was originally inherited from Salt Lake County at the time of Millcreek’s incorporation in 2017-18. Some minor amendments to the code appear to have been made over the past several years however these amendments were only minor and largely non-substantive and have otherwise not kept up with industry standards nor do they reflect recent changes to federal statutes that have occurred over the past decade. Certain regulations were adopted at the federal level, resulting in “Section 6409(a)” of the Middle Class Tax Relief and Job Creation Act of 2012 (“Section 6409”) which mandates that a state or local governments approve certain wireless broadband facilities citing requests for modifications and collocations of wireless transmission equipment on an existing tower or base station that do not result in a substantial change to the physical dimensions of towers or base stations. This statue was later amended in 2016 to The local government’s scope of authority to regulate wireless communication facilities is limited by applicable state and federal statute, including Section 6409. One notable limitation is the City’s inability to regulate and deny applications for wireless communication facilities based on alleged health concerns. The proposed text amendment is drafted to comply with those constraints and to find a balance between aesthetic concerns and the growing demand for and reliance on cellular service throughout the city. The update furthermore seeks to reduce certain discrepancies, enhance clarity, create additional design regulations, protect neighborhoods where certain commercial wireless facilities may be less desirable, introduce better processes, and attempts to meet many industry standards. ---PAGE BREAK--- Request: Wireless Telecommunication Code Update ZT-24-004 Page 2 of 4 The Wireless Telecommunication code works like a floating zone which applies to all zones across the city. The Wireless Telecommunication code regulates both “Personal Transmission Equipment” such as personal antennas, dishes, and “Commercial Transmission Equipment” including commercial antennas, dishes, and related mechanical equipment. The Wireless Telecommunication Facilities are categorized into the four primary types; • Roof Mounted, • Wall Mounted, • Freestanding Stealth Structures • Monopoles 45’). This Wireless Telecommunications Code does not regulate the following: • “Small Cell” facilities as they are regulated by a different section of Millcreek code. • Amateur radio antennas and related equipment – these are regulated by the FCC. • Commercial Radio, TV Broadcasting stations • Safety requirements since these are regulated by the FCC. Staff welcomes any guidance from you on how the proposed wireless telecommunication code update on how it could be improved and would otherwise request approval by the City Council. GENERAL PLAN CONSIDERATIONS Describe how the proposed changes implement the General Plan. Make specific references to the goals and strategies in the general plan as follows: GOAL E-6: “Provide high-quality infrastructure and technology Citywide.” Strategy 6.1. “Support Millcreek’s major institutions, business centers and other businesses with continued quality infrastructure that meets the City’s needs.” The proposed code update would allow some wireless telecommunication facilities to be located within areas through alternative options, particularly where roof and wall mounted options might be limited due to the lack of commercial buildings. GOAL N-1: “Preserve and enhance the physical elements that define each neighborhood’s character.” Strategy 6.1. “Ensure that new infill development is compatible with existing neighborhoods by regulating structure sizes and height; building forms and materials; yard setbacks; streetscape character; height and bulk transitions; buffering; and other factors.” The ordinance increases standards for wireless telecommunication facilities by promoting quality over quantity though limitations on height, location, buffering, massing, setbacks and other similar requirements. ---PAGE BREAK--- Request: Wireless Telecommunication Code Update ZT-24-004 Page 3 of 4 PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the Wireless Telecommunication Code update. The update is a complete reformatting of the previous code. A summary of the proposed changes are listed below: − Removes Conditional Use Permit (CUP) process and replaces it with several design standards/requirements. − Includes but limits the size, quantity, and location of personal consumer transmission equipment. (Maximum of two pieces of equipment per dwelling and must be in an inconspicuous location as viewed from the street.) − Provides additional standards for commercial equipment, particularly when located in proximity to residential uses. − Wall mounted antennas will have a reduced “stand-off” distance from the wall surface to which they are mounted (reduction from 4 feet to 2 feet) wherein antennas etc., must match the color and texture of the wall surface. − Roof mounted antennas will have an increased setback from roof edge (from 10 feet to 15 feet) and will have a maximum height of 10’ tall, as measured from roof surface or top of the lowest parapet wall. Roof mounted antennas will no longer be allowed on pitched roofs. − Both roof and wall mounted antennas/equipment are not allowed on first and second floor levels. − Introduction of Freestanding Stealth Structures – Primarily defined by height (less the 45 feet tall) and shall be designed to simulate the surrounding environment or other stealth structures, such as, flag poles, ball field lights, water towers, steeples, clock towers. These may be located in areas where roof and wall mounted options are not available or where monopoles may not otherwise be allowed. − Monopoles would not be permitted to exceed 60 feet tall instead of the previously allowed 80 feet tall, unless otherwise granted through an eligible facility request. − Monopoles will no longer be allowed within ½ mile radius of each other and will have a height/distant ratio of three times (3x) the pole height when located along residential property lines. − New four foot “stand-off” distance standard between the edge of the pole and edge of antennas and other pole mounted equipment. − Eligible Facilities Requests – New FCC regulations allow wireless telecommunication facilities to modify the physical dimensions of the ground area and/or structure as long the changes are not “substantial”. These would be determined through a separate review process “Eligible Facility Request” (EFR). These must be completed in a timely manner. − Fundamental equipment updates which do not seek to expand the ground area, pole height or width, will be processed through a building permit review. New graphics have been provided (needs further updates) to show the options and restrictions. COMMUNITY COUNCIL RECOMMENDATIONS 1. Millcreek Community Council. The Millcreek Community Council met on 6/4/2024. They voted 7 in favor to 4 opposed for the adoption of file number ZT-24-004. The Millcreek Community Council recommended limiting monopole heights to a maximum of 60 feet with the understanding that modification could be made through the eligible facility request process to further change the physical dimensions of pole. ---PAGE BREAK--- Request: Wireless Telecommunication Code Update ZT-24-004 Page 4 of 4 2. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on 6/5/2024. They voted 8 in favor to 0 opposed for the adoption of file number ZT-24-004. The Millcreek Community Council recommended limiting monopole heights to a maximum of 60 feet with the understanding that modification could be made through the eligible facility request process to further change the physical dimensions of pole. 3. East Mill Creek Community Council. The East Mill Creek Community Council met on 6/6/2024. They voted 8 in favor to 0 opposed for the adoption of file number ZT-24-004. The Millcreek Community Council recommended limiting monopole heights to a maximum of 60 feet with the understanding that modification could be made through the eligible facility request process to further change the physical dimensions of pole. Additionally, there was some discussion about including additional landscape where appropriate. 4. Mount Olympus Community Council. The Mount Olympus Community Council met on 6/03/ 2024. They voted in favor 6 to 1 opposed for the adoption of file number ZT-24-004. The Millcreek Community Council recommended: − In the absence of a “slim pole” design that incorporates telecommunication equipment within a very slim profile, a monopole wireless telecommunications facilities pole height should be limited to a maximum height of 60 feet. If the pole will be of a “slim pole” design with the equipment mounted in a very slim profile, then the maximum height allowed should not exceed 80 feet. − Monopole wireless telecommunications facilities should be required (not recommended) to be of a “stealth” design, subject to the planning director being authorized to waive the stealth requirement, subject to good cause as petitioned for by the applicant. PLANNING COMMISSION RECOMMENDATIONS During the regularly scheduled public meeting held June 19, 2024, the Planning Commission considered public comment and recommended (5-0) to the City Council to approve the proposal as presented/proposed by Staff. PLANNING STAFF RECOMMENDATIONS Based on the findings and conclusions listed within this report, staff recommends that the City Council approve, application file number ZT-24-004, unless during the hearing facts are presented that contradict these findings or new facts are presented, either of which would warrant further investigation by Staff. MODEL MOTION I move that the City Council approve the application, file number ZT-24-004, as proposed. SUPPORTING DOCUMENTS • Wireless Telecommunication Code Update ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 1 18.75 Wireless Telecommunications Facilities 18.75.100 Purpose A. The purpose of this chapter is to reasonably regulate, to the extent permitted by Utah and federal law the location, installation, operation, collocation, modification and design of personal transmission equipment and commercial wireless telecommunications facilities. All facilities shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA). 18.75.110 Applicability A. The requirements of this chapter apply to existing and new installation of both personal transmission equipment and commercial transmission equipment referred to as commercial wireless telecommunication facilities. Commercial wireless telecommunication facilities are categorized into the following four types of facilities: roof mount, wall mount, freestanding stealth structures, and monopoles. B. This chapter does not regulate small wireless facilities. Small wireless facilities are regulated in Title 16 of the city’s code. C. Amateur radio antennas and related equipment are exempt from the regulations of this chapter. D. This chapter does not regulate TV and radio broadcasting towers as they are not permitted in the city and this chapter does not govern such facilities. E. Lattice or guyed structures intended for transmission equipment, of any type, are not permitted. 18.75.120 Site Plan Review Required A. A Site Plan shall be submitted by the applicant desiring placement of personal and commercial transmission equipment, including wireless telecommunication facilities. The site plan shall be submitted to the Planning Department for review prior to submitting and processing any building permits. 18.75.130 Personal Transmission Equipment A. This section shall apply to all personal transmission equipment for individual use such as antennas, dishes, etc. Personal transmission equipment may be located in all residential and agricultural zones with a building permit, provided that the installation and maintenance of transmission equipment complies with the following: 1. All personal transmission equipment shall be ancillary and accessory to single or two-household dwellings, within the R-1, R-2 or A-1 Zones. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 2 2. An antenna or dish may extend up to five feet above the highest point of the primary structure to which it is affixed and in no case shall antennas, dishes, or any other transmission equipment exceed an overall height of thirty feet (30') as measured from original grade. 3. Satellite dishes shall not exceed three feet in diameter. 4. No more than two antenna or dish per dwelling unit may be installed. 5. Individual freestanding structures used for transmission equipment of any kind are prohibited except as regulated by the FCC for amateur radio. 6. Antennas, dishes, and other transmission equipment shall be attached to the primary structure and shall make a reasonable effort for complete concealment or locate such transmission equipment in the least conspicuous location possible as viewed from a public street as determined by the Planning Director. Figure 18.75.041 Personal Transmission Equipment Illustration 18.75.050 General Standards for Wireless Telecommunication Facilities A. Commercial wireless telecommunication facilities are permitted in non-residential and non-agricultural zones according to the standards listed within this chapter. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 3 B. Commercial mechanical and transmission equipment shall meet the following standards: 1. The property shall be used as a commercial, office or manufacturing use or is in conjunction with a public property with a public or quasi-public use such as a public school, fire station, library, park, or other government use. 2. Equipment may be located within thirty feet but no closer than ten feet (10’) of a residential property line if: a. All mechanical equipment shall be placed within a below grade vault, or; b. All ground equipment shall be located within a completely enclosed decorative masonry accessory building. Such accessory buildings shall meet the height and setback requirements prescribed by the underlying zone. c. A sound study may be required, as determined by the Planning Director, for equipment located within thirty feet (30’) of a residential property line. (see sound study standards found in section xx.xx.xx) 3. Ground equipment shall be completely screened with a minimum eight foot tall decorative masonry wall with solid metal gates and may not be located closer than thirty feet (30’) to any residential property line. 4. Antennas, dishes, and other commercial mechanical and transmission equipment shall not create visual clutter, nuisance or hazard as determined by the Planning Director. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 4 Figure 18.75.051 Commercial Transmission Equipment Illustration C. Commercial wireless telecommunication facilities may be located within a residential or agricultural zone, provided that: 1. The applicant has provided technological justification and made all reasonable efforts, to the Planning Director’s satisfaction, to first exhaust all other options to first co-locate or locate a new facility within a non-residential or non- agricultural zones. 2. Facilities shall only be installed on public property and shall be associated with public or quasi-public uses such as, a public school, fire station, library, park, or other government use. 3. Facilities meet all standards of commercial mechanical and transmission equipment as set forth in MKZ18.75.050.B 4. Facilities shall be made stealth within a steeple, flagpole, or as an approved freestanding stealth structure. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 5 Figure 18.75.052 Commercial Transmission Equipment in Residential or Agricultural Zone Illustration 18.75.060 Wall Mounted Wireless Telecommunication Facilities A. The following provisions shall apply to wall mounted commercial transmission equipment: 1. Wall mounted commercial transmission equipment shall be mounted to the wall of the primary structure and not extend more than twenty-four inches (24”) as measured from the surface edge of the wall to the front or furthest portion of equipment. 2. Wall mounted commercial transmission equipment shall be located a minimum thirty feet (30’) above the finished grade of the wall surfaces to which they are mounted. 3. Wall mounted commercial transmission equipment shall not extend above the wall to which it is mounted to. 4. Wall mounted commercial transmission equipment, including the supporting structure shall be colored to match the building colors, textures, and materials. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 6 Figure 18.75.061 Wall Mounted Transmission Equipment Illustration 18.75.070 Roof Mounted Wireless Telecommunication Facilities A. The following provisions shall apply to roof mounted commercial transmission equipment: 1. Transmission equipment shall be located a minimum thirty feet (30’) above the finished grade to which they are mounted. 2. Transmission equipment shall not be placed on a roof pitched greater than 2:12. 3. The equipment shall be setback a minimum distance of fifteen feet (15') from the edge of the roof to which the equipment is mounted on. 4. The equipment shall not exceed a maximum of ten feet (10') in total height as measured from the roof surface to which it is mounted, or the top of the lowest parapet wall on the same roof surface. 5. Stealth roof mounted antennas are encouraged and shall be allowed to vary from the height and setback provisions of this section if the stealth installation seems to achieve the desired stealth appearance and provides a similar effect to the listed stealth options, as reviewed by the Planning Director. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 7 Figure 18.75.071 Roof Mounted Transmission Equipment Illustration 18.75.080 Freestanding Stealth Structures A. The following provisions shall apply to freestanding stealth structures: 1. Freestanding stealth structures are defined by height and are limited to a maximum height of forty-five (45’) feet tall. 2. Freestanding stealth structures are permitted in all non-residential zones and may be allowed in residential and agricultural zones when associated with public or quasi-public uses. 3. No distance separation between other wireless telecommunication facilities is required. 4. Freestanding stealth structures shall be located a minimum of one hundred feet (100’) from a residential property line. 5. The applicant has demonstrated in writing that they have made a minimum three attempts that they have explored the option to first roof mount, wall mount, or co-located on an existing monopole on properties located within ½ mile radius of the desired location. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 8 6. All freestanding structures shall have a stealth design and shall be proportionate to the type of structure which they are intended to imitate. Depending on the environment and surrounding uses, freestanding stealth structures may include but are not limited to; flag poles, water towers, ball field lights, steeples, clock towers, existing signs, utility poles, boulders, monopines, or other stealth designs as determined by the Planning Director. 7. All antennas and other transmission equipment mounted on the freestanding stealth structure including cabling and other associated equipment shall be completely enclosed within the structure or shall be incorporated as part of the stealth design. 18.75.090 Monopole Wireless Telecommunication Facilities: A. The following provisions shall apply to Monopole structures provided that: 1. Monopoles are structures exceeding forty-five feet (45’) in height. Figure 18.75.081 Freestanding Stealth Structures Illustration ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 9 2. Monopole facilities may only be considered after the applicant has submitted a statement of need, demonstrating why the proposed facility cannot be wall mounted, roof mounted, co-located, or integrated as part of a freestanding structure. 3. Monopoles are prohibited within residential and agricultural zones except when located within public parks and schools and on properties exceeding two acres in size. 4. A minimum of one half (1/2) mile distance is required between monopoles. 5. Monopoles shall not be allowed in the front yard setback of any lot, or between the primary building and abutting right of way. 6. Monopoles shall be setback from any residential property line a distance of three times (3x) the height of the monopole. 7. Monopoles shall not exceed sixty feet (60') in height as measured from the top of the monopole or equipment to the finished grade. 8. Monopoles and related pole-mounted transmission equipment including antennas shall have non-reflective or powder coated surfaces with unobtrusive earthtone colors. 9. External pole mounted antennas shall not project more than four feet as measured from the front of or furthest most portion of the antenna, or similar equipment, to the nearest surface edge of the monopole. 10. No exposed cabling is permitted, and all cables shall be routed internally within the pole and/or buried underground. Exterior cable trays designed to replicate an existing vertical element may be considered by the Planning Director. Standard cable trays painted and textured to match the existing facade do not meet the intent and do not qualify as hidden or concealed. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 10 Figure 18.75.091 Monopole Illustration B. Stealth monopole facilities are encouraged and shall be allowed to vary from the setback, height, and other design provisions of this section if the stealth installation seems to achieve the desired stealth appearance as determined by the Planning Director. 18.75.100 Eligible Facility Request (EFR) A. The purpose and intent of this section are: 1. To implement § 6409(a), which requires the city to approve an EFR for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station; 2. To implement the FCC rules set forth at 47 C.F.R. Part 1 (Part 1 - Practice and Procedure), new Subpart U § 1.6100 (Wireless Facility Modifications), which rules implement § 6409(a); 3. To establish procedural requirements and substantive criteria applicable to review and approval or denial of applications for an EFR; ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 11 4. To ensure that application submittal requirements are related to information reasonably necessary to the determination of whether or not the proposed modification will result in a substantial change in the physical dimensions of the eligible support structure; 5. To exempt EFR from zoning and development regulations that are inconsistent with or preempted by § 6409(a); 6. To preserve the City's right to continue to enforce and condition approvals under this chapter on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety; 7. To promote timely decisions under this chapter; and 8. To ensure that decisions are made consistently and predictably. B. Applicability: 1. Sole And Exclusive Procedure: Except as may be otherwise provided in this chapter, and not withstanding any other provisions in the City Code, the provisions of this chapter shall be the sole and exclusive procedure for review and approval of an EFR which the applicant asserts is subject to review under § 6409(a). To the extent that other provisions of the City Code establish a parallel process for review and approval of a project permit application for a proposed EFR, the provisions of this chapter shall control. 2. First Deployment; Base Station: This chapter shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support transmission equipment lawfully installed within or upon, or attached to, the structure. 3. Interpretation: Interpretations of this chapter shall be guided by § 6409(a) and applicable FCC reports and orders. 4. Building Permit: The city will process, review, and, if practicable, issue a decision regarding a building permit for the facility modification concurrent with the EFR permit described herein. 5. Reservation Of Authority: Nothing herein is intended or shall operate to waive or limit the city's right to enforce, or condition approval on, compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety. C. Application and Submittal Requirements: An EFR application form is found on the city's online portal for applications. No EFR application shall be deemed complete unless the application is submitted through the city's online portal for applications, contains all the information required in the EFR application form, and the applicable fees are paid. D. Review and Approval of an Application: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.75 Wireless Telecommunications Facilities I v4 12 1. Review Of Application: The review and approval of an EFR application shall be by City Staff, which shall determine if the proposed EFR will result in a substantial change to the physical dimensions of an eligible support structure. 2. Timeframe For Review And Approval: The city shall comply with all applicable shot clocks when reviewing an EFR application. If an EFR application meets the requirements of this chapter, city staff shall approve the EFR application and issue an EFR permit. 3. Code Requirements: Any EFR permit issued pursuant to this chapter, and any application that has been deemed approved, shall be and is conditioned upon compliance with any generally applicable building, structural, electrical, and safety codes and other laws codifying objective standards reasonably related to health and safety. Violation of any such applicable code or standard shall be deemed to be a violation of the EFR or deemed approved application.