4-2-4 Wireless Communications Facilities (Commercial)

§ 4-2-4 Wireless Communications Facilities (Commercial).

Wireless communications facilities, as herein defined, require specified, additional conditions and design criteria other than those used only for non-commercial, non-business fixed wireless communications, such as television and satellite reception antennae or amateur radio antennae which are exempt.

1. Wireless communications facilities comprised of panel antennae mounted on or against an existing structure that do not extend more than ten (10) feet above that portion of the existing structure, or antennae attached to a 69kV or higher power line tower or pole which does not raise the height of such tower or pole more than fifteen (15) feet above its original height, or new antennae attached to an existing, conforming wireless communications tower which does not raise the height of such tower more than fifteen (15) feet above its original height, may be approved administratively by the Community Development Director after review and approval by the Site Plan Review Committee.

2. All wireless communications facilities that do not meet the above criteria for review and approval by the Community Development Director and the Site Plan Review Committee shall require approval as a Special Use in accordance with the provision of Article 4-1.

B. REQUIRED INFORMATION. Site Plan approval is required for all wireless communications facilities. For a wireless communication facility that requires approval as a Special Use as specified herein, the required Site Plan shall be the preliminary development plan for the Special Use as required by Section 4-1-1(A), and the review and approval of the Special Use and preliminary development plan shall constitute Site Plan approval. All applications for Site Plan or Special Use approval shall contain the following additional materials:

1. A current map, or update to an existing map on file, showing locations of applicant’s antenna(e) and facilities and all other known existing and proposed wireless communications facilities within a one (1) mile radius of the proposed facility.

2. A report from a structural engineer registered in the State of Arizona showing the facility antenna capacity by type and number, and a certification that the proposed facility is designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards.

3. Complete names and addresses of the owners of all antennae and equipment to be located at the site as of the date of application.

4. Written authorization for the use from the site owner.

5. A one-year plan identifying other needed or planned wireless communication facilities in the City. This allows the City to coordinate tower locations with other applicants.

6. A minimum of two photographic simulations of the proposed wireless communication facility.

7. Proof that:

a. reasonable measures have been taken to assure that the proposed wireless communication facility will be placed in a location which will minimize the visual impact on the surrounding area.

b. the proposed antenna and equipment could not be placed on a pre-existing facility under control of the applicant and function under applicable regulatory and design requirements without unreasonable modification.

c. if the application is for siting in a residential area, the area cannot be adequately served by a facility placed in a non-residential area.

d. a new wireless communication tower is designed to accommodate the applicant’s potential future needs, is of suitable construction, and consideration has been given in the design of the tower for the co-location of additional antennae.

8. A written agreement that:

a. the wireless communication facility shall be removed within one hundred eighty (180) days of cessation of use, and to return the area to its condition prior to the construction of the facility;

b. the applicant’s service is subordinate to essential public communications services, and agreement to suspend use of any site which may be in conflict with such services, regardless of the reason for such conflict, until such conflict is resolved; and

c. all applicable health, nuisance, fire and safety codes are met. If upon inspection, the City of Goodyear determines that a wireless communications facility fails to comply with such agreements or applicable codes, the owner of such facility will have thirty (30) days to bring such facility into compliance. Failure to bring such facility into compliance within thirty (30) days will constitute grounds for the removal of such facility at the owner’s expense.

1. To the extent possible, the materials, colors, textures and landscaping of all wireless communications facilities shall be designed to blend in with the surrounding setting. All facilities shall be finished or painted so as to minimize visual obtrusiveness and shall not be illuminated unless otherwise required by state or federal regulations. Panel antennae and their associated cables and hardware mounted on or against an existing structure shall be painted to match the existing facade or be otherwise camouflaged to reduce their visual impact.

2. Equipment shelters for a wireless communications facility shall be designed in accordance with the City of Goodyear Design Guidelines for commercial buildings or the prevailing design standards for the property.

3. No commercial signage shall be allowed on an antenna or wireless communications facility.

4. A wireless communications facility tower must be set back from all non-residential lot lines a minimum distance equal to the height of the tower and from all residential lot lines a minimum distance equal to twice the height of the tower, unless otherwise approved by City Council at time of Special Use approval.

5. No new wireless communications facilities shall be located within one thousand three hundred twenty (1,320) feet of an existing wireless communication facility unless the existing facility does not meet the structural specifications or technical requirements necessary for additional antenna co-location, or a co-location agreement could not be obtained at commercial reasonable terms and conditions, including price. Wireless communications facilities that can be reviewed and approved administratively in accordance with Section 4-2-4(A) shall be exempt from this requirement.

D. REPLACEMENT AND/OR REBUILDING OF WIRELESS COMMUNICATIONS FACILITIES AND TOWERS. Pre-existing non-conforming wireless communications facilities and towers which have been destroyed or structurally damaged shall be replaced with facilities meeting the requirements as provided in this Article, except that they may be rebuilt to their original height and in their original location, regardless of setback requirements.