Chandler WTF Code (source)
WTF = Wireless Telecommunications Facilities
35-2209. – Wireless [wc:Tele]communication Facilities.
(1) Definitions: In this section, unless the context otherwise requires, the following definitions shall apply:
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Antenna: A device used in wireless telecommunications which transmits or receives radio or microwave signals. Antenna includes a dish antenna, panel antenna, or whip antenna. An antenna not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such antenna.
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Directional or "panel" antenna: A device that receives and transmits signals in a directional pattern typically encompassing an arc of one hundred twenty (120) degrees.
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Omni-directional or "whip" antenna: A device that receives and transmits signals in a three hundred sixty-degree pattern, and which is up to fifteen (15) feet in height and up to four (4) inches in diameter.
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Parabolic or "dish" antenna: A bowl-shaped device that receives and transmits signals in a specific directional pattern.
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Equipment building: An unstaffed structure attached to or made part of a wireless communication facility and used to house equipment needed to operate and maintain a wireless communication facility.
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Industrial, commercial or residential zoning districts: As used in this section 2209, an industrial, commercial or residential zoning district also includes an area within a PAD zoning district which is designated for industrial, commercial or residential use, respectively. Residential zoning districts also includes AG-1 zoning districts.
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Support structure: A component of a wireless communication facility, which is often a tower or other structure of sufficient verticality, used to support one (1) or more antennas at needed height for effective operation of the facility.
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Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennae in the operation of a wireless communication facility. A tower may include, without limitation, such types as a lattice tower or a monopole.
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Wireless [wc: tele]communication facility: A facility used exclusively for the transmission and reception of radio or microwave signals used for commercial communications. A wireless communication facility is generally composed of the following components: At least one (1) antenna; a support structure, which may be a tower or which may be a structure (such as, without limitation, a building or a light pole) constructed primarily for purposes other than supporting an antenna; and, in some cases, an equipment building.
(2) Permitted use: A wireless communication facility is a permitted use, and shall not require a use permit, in any zoning district, provided that the following requirements are complied with in their entirety:
(a) Compliance with general standards. The site plan, architectural design and building materials for the wireless communication facility shall be in accordance with Article XIX, Site Development Plan, and this Article XXII, Section 2209(6).
(b) Compliance with specific district requirements. A wireless communication facility located within an industrial zoning district shall comply with the requirements stated in paragraph (3) below. A wireless communication facility located within a commercial or residential zoning district shall comply with the requirements stated in paragraph (4) below.
(3) Industrial zoning district requirements. A wireless communication facility located in an industrial zoning district shall comply with the following:
(a) Tower-supported facilities. A wireless communication facility may use a tower as the support structure for its antenna provided that:
1. The height of the facility shall not exceed one hundred (100) feet in total height, including tower, antenna and attachments, as measured from finished grade of the site.
2. The location of such facility shall meet all applicable setback requirements for the zoning district, except that where such a wireless communication facility is located on property that is adjacent to any property that either contains a residence, is zoned for residential use, or is designated for residential use in an adopted area plan, then, in addition to any other applicable setback requirements, the facility shall be set back from such adjacent property a distance equal to two (2) feet for every one (1) foot in total height of the facility, including tower, any antenna and other attachments.
(b) Use of an existing support structure. A wireless communication facility that is established by the installation of an antenna on a support structure other than a tower (such as, without limitation, a building, sign, light pole, water tower, church steeple, or other freestanding structure) that has been erected and in continuous use for its originally intended purpose for at least two (2) years is not required to have its antenna architecturally compatible, visually unobtrusive, and designed to be an integral part of the support structure, except as indicated below:
1. Roof-top installation. Where the antenna is installed on the roof-top of a building and either (i) the antenna can be seen from street view or (ii) the building is adjacent to property that contains existing residences, is zoned for residential use, or is designated residential in an adopted area plan, then the following restrictions shall apply:
a. Antenna type. Only one (1) type of antenna (i.e., panel, whip or dish) shall be installed on any single side of a building.
b. Height. The height of an antenna above the roof-top shall be restricted as follows:
i. Six (6) feet measured to the top of a panel antenna above the roof proper of the existing building at the point of attachment.
ii. Fifteen (15) feet measured to the tip of a whip antenna above the roof proper of the existing building at the point of attachment.
iii. Six (6) feet measured to the top of a parabolic dish above the roof proper of the existing building at the point of attachment.
c. Number. The total number of roof-top antennas shall be as follows:
i. No more than four (4) panel antennas.
ii. No more than three (3) whip antennas.
iii. No more than one (1) parabolic antennas.
2. Other installations: Where the antenna is installed on a structure other than the roof-top of a building (such as, without limitation, another portion of a building, or on a sign, light pole, water tower, or other freestanding structure) and either (i) the antenna can be seen from street view or (ii) the structure is adjacent to property that contains existing residences, is zoned for residential use, or is designated residential in an adopted area plan, then the antenna shall be architecturally compatible, visually unobtrusive, and designed to be an integral part of the support structure.
(4) Commercial and residential zoning district requirements. A wireless communication facility located in a commercial or residential zoning district shall comply with the following:
(a) A wireless communication facility in a commercial or residential zoning district shall not use a tower for its support structure except as indicated in paragraph (5) below.
(b) A wireless communication facility that is established by the installation of an antenna on an existing support structure other than a tower (such as, without limitation, a building, sign, light pole, water tower, church steeple, or other freestanding structure) is required to have its antenna architecturally compatible, visually unobtrusive, and designed to be an integral part of the support structure.
(5) Replacement of an existing pole with a tower support. For any commercial or residential zoning district, where a wireless communication facility is established by the replacement of a pole, (such as, without limitation, any light pole, electric powerline pole, telephone pole or ballfield light pole, but expressly excluding any monopole) that has been erected and in continuous use for its originally intended purpose for at least two (2) years with a monopole that, in addition to providing the support structure for an antenna, also serves the function otherwise provided by the replaced pole, then the facility is permitted by right provided that the height of the facility, including tower, antenna and attachments, is not more than twenty-five (25) feet greater than the height of the original pole structure that was replaced, and does not exceed seventy (70) feet in total height, as measured from grade of the site.
(a) Co-location exception. Where the tower supports the co-location of two (2) or more service providers, the maximum height of the facility shall not exceed eighty-five (85) feet in total height.
(b) Ballfield light poles. Notwithstanding any other requirement in this paragraph (5), where the replacement is of a ballfield light pole:
1. The location of such facility shall meet all applicable setback requirements for the zoning district, except that where such a wireless communication facility is located on property that is adjacent to any property that either contains a residence, is zoned for residential use, or is designated for residential use in an adopted area plan, then, in addition to any other applicable setback requirements, the facility shall be set back from such adjacent property at a minimum distance of three hundred (300) feet as well as co-located on the furthest existing light pole away from said property. If the distance cannot be met, a use permit is required.
a. An existing structure located within a distance of three hundred (300) feet cannot be expanded or moved closer to a residence, or property residentially zoned or designated without a use permit.
2. The tower shall be of substantially the same diameter as the pole being replaced;
3. The total height of the facility shall not exceed seventy (70) feet or the same height as the pole being replaced, whichever is greater; and
4. No more than two (2) ballfield light poles serving a single ballfield may be used as wireless communication facilities.
(6) Site plan, design, use, and location regulations: The following criteria apply to all wireless communication facilities permitted as a matter or right:
(a) Color. The color of all towers shall be painted a shade of light gray, or a color that is more compatible with the surrounding architecture or environment so as to make the tower as visually unobtrusive as possible. Painted towers are not required in industrial districts.
(b) Screening and landscaping: Mechanical equipment associated with wireless communication facilities must be screened, and landscaping provided in accordance with Article XIX, Site Development Plan. For purposes of this Section 2209, the provisions of Article XIX, Site Development Plan, shall apply to any zoning district where a wireless communication facility is sought to be located.
(c) Interference: Any new antenna or any other related communication equipment shall not interfere with existing communications.
(d) Parking: The site must provide at least one (1) parking space designed to City Standards which may be incorporated as part of the maneuvering areas and access drives. This requirement can be waived by the Zoning Administrator when hard surfaced parking already exists, or when the Zoning Administrator concludes that the goals of the City are better served thereby.
(e) Separation: No wireless communication tower that is readily visible from off-site shall be installed closer than one-quarter (¼) mile from another readily visible, uncamoflaged, unscreened, or unintegrated wireless communication facility unless it is an antenna installed on an existing structure in accordance with the applicable requirements of section 2209.
(f) Foundation design: The foundation of a wireless communication tower shall be built to handle multiple service providers.
(g) Antenna design: A streamline, flush-mounted antenna shall be used in all zoning districts except an industrial zoning district.
(h) Notification: If a wireless communication facility is to be located within the boundaries of, or within one hundred (100) feet of, a homeowners’ or a property management association, the facility owner must notify the association that an application to build a wireless communication facility has been filed with the City. The facility owner must provide written certification to the City that the homeowners’ or a property management association(s) was notified prior to any building permit being issued.
(7) Use permit approval: A wireless communication facility that is not permitted by right may operate only upon first obtaining a use permit.
(a) Application and inventory of existing facility sites: Application procedures shall be the same as provided under section 35-305(1) of Article III of this Zoning Code, except that in addition, an applicant for a use permit for a wireless communication facility shall provide:
1. An inventory of its existing facilities that are either within the jurisdiction of the City of Chandler, or within one-quarter (¼) mile of the border thereof, including specific information about the location, height, and design of each tower; and
2. An inventory of all existing vertical towers or structures that are equal to or higher than the height of any proposed tower within one (1) square mile of the proposed location regardless of jurisdiction. Evidence and justification must be provided by the applicant to the Zoning Administrator to demonstrate that sufficient efforts were made to locate the antenna on all such towers and structures within a one-mile radius of proposed location. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant’s proposed antenna.
(b) Review procedures: Procedures for review of the application for a use permit for a wireless communication facility shall be the same as for any type of use permit allowed under section 35-305(1) of the Zoning Code, except that the following shall apply:
1. No more than ninety (90) days shall elapse between filing of the application for such permit and a determination by the City Council to grant or deny the permit, unless such delay is caused by the applicant; and
2. A decision to deny an application for such permit shall be stated in writing, shall be based on substantial evidence justifying the denial, and shall be supported by a written record.
(c) Review factors: The review and approval of an application for a use permit for a wireless communication facility shall include examination of those factors indicated in section 305(1)(b) and (c), but in no event shall there be any consideration of the environmental effects of radio frequency emissions.
(8) Removal of abandoned antennas and towers: Any wireless communication facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such facility shall remove the same, including any tower, antennae, attachments and equipment building, within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If there are two (2) or more service providers using a single tower, then the abandonment period shall not begin until all such service providers have ceased using the tower.
(Ord. No. 2713, § 1, 7-7-97; Ord. No. 3063, § 3, 11-18-99; Ord. No. 3415, § 1, 4-10-03; Ord. No. 4216, 5-13-10; Ord. No. 4216, 5-13-10)