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Millcreek Together Code Update I Chapter 18.85 Wireless Telecommunications Facilities I v1 1 18.85 Wireless Telecommunications Facilities 18.85.100 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). 18.85.110 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 three 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 XX of this Code. C. 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. D. Lattice or guyed structures intended for transmission equipment, of any type, are not permitted. 18.85.120 Site Plan Review Required A. A Permitted Use 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 processing any building permits. 18.85.130 Personal Transmission Equipment A. This section shall apply to all personal transmission equipment for individual use such as antennas, dishes, amateur radio antennas, etc. Personal transmission equipment may be located in all residential 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 18.85 Wireless Telecommunications Facilities I v1 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 however, 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 one antenna or dish per dwelling unit may be installed. 5. Individual freestanding structures used for transmission equipment of any kind are prohibited. 6. Antennas, dishes, and other transmission equipment shall be attached to the main building 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. 7. Antennas, dishes, and other transmission equipment shall not create visual clutter, nuisance or hazard as determined by the Planning Director. 18.85.140 Commercial Transmission Equipment A. This section shall apply to all commercial mechanical and transmission equipment associated with a wall mount, roof mount, stealth structures, and monopole telecommunication facilities. B. Commercial transmission equipment may be located in all nonresidential or nonagricultural zones, provided that: 1. The property is being 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. All ground equipment shall be located a minimum of thirty feet (30’) from an adjoining residential property line. 3. All ground equipment shall be screened with a minimum eight foot tall decorative masonry fence. 4. Ground equipment may be located closer to a residential property line if placed within a below grade vault or located within a completely enclosed decorative masonry accessory building. Such accessory buildings shall meet the height and setback requirements prescribed by the underlying zone. 5. Antennas, dishes, and other commercial transmission equipment shall not create visual clutter, nuisance or hazard as determined by the Planning Director. 6. A sound study may be required, as determined by the Planning Director, for ground equipment located within 30 feet of a residential property line. (see sound study standards) ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.85 Wireless Telecommunications Facilities I v1 3 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 nonresidential or nonagricultural zones. 2. Facilities may only be installed on public property if associated with public or quasi-public uses such as a public school, fire station, library, park, or other government use. 3. Facilities shall be made stealth within a steeple, flagpole, or as an approved freestanding stealth structure. 4. Facilities may only be allowed on properties equal to or larger than two acres. 5. Ground equipment shall be placed within a below grade vault or located within a completely enclosed decorative masonry accessory building. Such accessory buildings shall meet the height and setback requirements prescribed by the underlying zone. 6. Monopoles are prohibited within residential and agricultural zones. 18.85.150 Wall And Roof Mounted Wireless Telecommunication Facilities A. The following provisions shall apply to wall mounted commercial transmission equipment: 1. Wall mounted commercial transmission equipment shall 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 not extend above the wall to which it is mounted to. 3. 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 18.85 Wireless Telecommunications Facilities I v1 4 B. The following provisions shall apply to roof mounted commercial transmission equipment: 1. Roof mounted commercial transmission equipment shall be set back a minimum distance of fifteen feet (15') from the roof edge and 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. 2. Roof mounted commercial transmission equipment shall be painted to match the color of the building façade or the background against which they are most commonly seen. 3. Transmission equipment shall not be placed on a pitched roof (greater than 2:12). ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.85 Wireless Telecommunications Facilities I v1 5 C. Stealth wall mounted and 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. 18.85.160 Freestanding Stealth Structures A. The following provisions shall apply to freestanding stealth structures: 1. Freestanding stealth structures shall be limited to a maximum height of forty-five (45’) feet tall. 2. No distance separation between other wireless telecommunication facilities. 3. Permitted in all non-residential zones and may be allowed in residential and agricultural zones when associated with public or quasi-public uses. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.85 Wireless Telecommunications Facilities I v1 6 4. 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. 5. 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. 6. Freestanding stealth structures and associated transmission equipment shall be located only in rear yard areas and in areas which are considered as being the least intrusive, as viewed by the public. 7. Freestanding stealth structures shall be located a minimum of one hundred feet (100’) from a residential property line. 8. 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. 18.85.170 Monopole Wireless Telecommunication Facilities: B. The following provisions shall apply to Monopole structures provided that: 1. Monopoles are structures exceeding forty-five feet (45’) in height. 2. Antennas and other transmission equipment that cannot be wall mounted, roof mounted, co-located, or enclosed within a freestanding structure, may be installed on a new freestanding monopole. Upon application for the installation of a new monopole, the applicant shall submit a statement of need, explaining why the transmission equipment in question, cannot be wall mounted, roof mounted, co-located, or enclosed within a freestanding structure. 3. Monopoles are allowed in all non-residential and non-agricultural zones. 4. Monopoles may be allowed within public parks and schools within residential zones. 5. A minimum of one half (1/2) mile distance is required between monopoles. 6. Monopoles shall not be allowed in the front yard setback of any lot, or between the primary building and abutting right of way. 7. Monopoles shall be setback from any residential property line a distance of three times (3x) the height of the monopole. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.85 Wireless Telecommunications Facilities I v1 7 8. Monopoles shall not exceed eighty feet (80') in height as measured from the top of the monopole or equipment to the finished grade. 9. Monopoles and related pole-mounted transmission equipment including antennas shall have non-reflective or powder coated surfaces with unobtrusive earthtone colors. 10. External pole mounted antennas shall not project more than forty-eight inches (48") as measured from the front of or furthest most portion of the antenna, or similar equipment, to the nearest surface edge of the monopole. 11. 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. C. Stealth monopole facilities are encouraged and shall be allowed to vary from the setback and other design provisions of this section if the stealth installation seems to achieve the desired stealth appearance as determined by the Planning Director. 18.85.180 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; 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.85 Wireless Telecommunications Facilities I v1 8 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: 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.85 Wireless Telecommunications Facilities I v1 9 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.