1. Type 1. Type 1 is a new wireless communications facility (WCF) that is affixed to an existing structure other than a “wireless communications support structure” (also known as an “attached wireless communications facility”). Examples of attached wireless communications facilities include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures. There are four separate Type 1 categories described as follows:

Any increases in height above the limits of the zoning district, as permitted for Type 1 facilities, must include concealment techniques approved by the city.

2. Type 2. Type 2 is new equipment erected on existing towers that have previous approvals. There are two separate Type 2 categories described as follows:

Any increases in height above the limits of a particular zone, as permitted for Type 2 facilities, must include concealment techniques approved by the city.

3. Type 3. Type 3 is the erection of a new “tower.” There are three separate Type 3 categories described as follows:

1. New, Freestanding Towers.

2. The distance between towers shall be measured by following a straight line, without regard to intervening buildings, from the base of one tower to the base of the other tower(s).

3. A tower would be considered “existing” if it was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built. For example, a tower that exists as a legal, nonconforming use and was lawfully constructed is existing. It shall be the applicant’s responsibility to provide evidence of lawful construction. Subsequent city permitted modifications of a tower that qualify as an eligible facilities request, and do not amount to a “substantial change,” do not make an existing tower nonconforming.

1. For towers that are more than 75 feet in height and lattice towers of any height, the owner of the tower shall execute and provide evidence of a nonexclusive lease with the underlying property owner, if the property owner is different, that allows for other carriers to place antennas and equipment on the structure unless specific approval not to is provided in accordance with subsection (C)(3) of this section.

2. Any application for Type 3-B or 3-C towers that are more than 75 feet in height or lattice towers of any height shall include technical, environmental, or regulatory justification that an existing WCF with a nonexclusive lease could not be used instead of constructing a new tower.

3. Towers shall be designed and constructed to allow the tower to accommodate WCFs from at least two carriers on the same tower; one in addition to the original. No property owner or carrier shall unreasonably exclude another carrier from using the same facility or location. Design and construction for co-location shall not be required when it would materially compromise the camouflage design intent of the tower, or when, in the reasonable discretion of the community development director, such construction is not technically feasible based upon construction, engineering and design standards of the industry, or based upon evidence provided, a tower designed for co-location will not be commercially viable. An applicant, owner, or operator seeking community development director approval to waive the co-location requirements described herein shall provide evidence explaining why co-location is not possible at a particular tower.

1. Unless otherwise provided for, the height of any tower with appurtenances shall not exceed the height limitations of the zone.

2. The maximum height of any tower shall not exceed 120 feet except as an eligible facility request.

3. There shall be no variances allowed to the height limitations.

4. The applicant shall provide evidence that the Federal Aviation Administration (FAA) has approved the location and the city shall condition the same of any future increases in height or other modifications that would otherwise be permissible as an eligible facilities request (EFR) for any tower relative to the Auburn Municipal Airport.

5. Unless otherwise restricted by this section, building- or structure-mounted antennas may extend a maximum of 15 feet above the maximum height permitted for structures within the zone.

6. Antennas that are mounted on structures that do not otherwise have a height restriction may be allowed to increase the overall height of the structure by no more than 10 percent of the height of the structure unless additional approvals are obtained.

1. All equipment shelters, cabinets, support structures or other above-ground facilities shall meet the setback requirements of the zone in which located except as follows. All equipment shelters, cabinets, or other above-ground facilities used to support WCFs shall be set back the same distance required of the WCF except as an eligible facility request. All equipment shelters, cabinets, or other above-ground facilities within a nonresidential zone shall be set back a minimum of 50 feet from any adjacent residential zone except as an eligible facility request.

2. The minimum distance from any tower, of any height, to any residentially zoned parcel of property, including mixed-use zones that include residential uses, shall be a distance equal to the overall height of the tower (including antennas) multiplied by a factor of two.

3. Where technically feasible, roof-mounted antennas and equipment shelters and/or cabinets are to be placed towards the center of the building, or away from public views. Equipment shelters and/or cabinets shall be screened by a parapet or similar architectural feature.

1. Fencing. Fencing is required to enclose all above-ground support equipment that is associated with towers. Fencing will be 100 percent sight-obscuring, as defined in ACC 18.04.374, if visible from a public way or from a less intense zone. Equipment shelters and/or cabinets shall be enclosed by fencing a minimum of six feet in height. Fencing shall meet the sight distance requirements of the city engineering design and construction standards.

2. Landscaping.

1. Concealment Design Techniques. All WCFs and any transmission equipment shall, to the extent technically feasible, use concealment design techniques including, but not limited to, the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the components of the WCF and the WCF to the surrounding natural setting and/or built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located on the site and parcel and on adjacent parcels.

2. In order to minimize any potential negative aesthetic impacts from new WCFs including protecting views to and from residential neighborhoods, mitigation may be required to blend the facilities in with the adjacent natural setting and/or built environment. Typical solutions for concealment design might include: an extension of the building, a component of a sign structure, disguising the facility as a tree, planting of tall trees, moving the location of the facility, painting or texturing the facility, etc.

WCFs shall be additionally sited in a manner that is sensitive to the proximity of the facility to residential structures. When placed near a residential or mixed-use zoned property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential or mixed-use zoned properties, or on the corner formed by two intersecting streets. If these requirements are not reasonably feasible from a construction, engineering, or design perspective, the applicant may submit a written statement to the community development director requesting the WCF be exempt from these requirements using the procedure for an administrative waiver elsewhere in this chapter.

3. Building- or roof-mounted antennas will be painted or textured to blend with the adjacent surfaces.

4. No lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent street shall be placed on or affixed to any part of the WCF, unless required by the FCC or FAA.

5. Except as specifically required by the FAA (but must be approved by the city), freestanding towers shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues and greens might be appropriate; however, each application shall be evaluated individually.

6. Concealment Design Standards for Accessory Equipment and Transmission Equipment. Accessory equipment and transmission equipment for all WCFs shall meet the following requirements:

7. Administrative Waiver.

1. Freestanding support structures shall not be artificially lighted, unless required by the FAA or other applicable authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes on property located outside of the public way. If lighting is required, the city may review lighting alternatives and approve the design that would cause the least illumination disturbance to the surrounding views. Any proposed lighting shall, at a minimum, comply with the standards of Chapter 18.55 ACC (Outdoor Lighting) and shall be submitted at the time of the initial application. Any lighting must be reviewed and approved by the city.

2. Security lighting used to light the equipment facility shall be directed downward, shielded and kept within the boundaries of the site.

1. Any WCF which is not utilized for a period of nine months or more will be considered abandoned.

2. Any WCF which falls into a state of disrepair as determined by the community development director will be considered abandoned.

3. Any WCF considered to be abandoned must be removed completely within 90 days from the date of notification by the city to the owner, owner’s agent and/or the operator of the WCF, based upon the contact information that has previously been provided to the city. The city may extend the 90-day period should a valid application for use of the facility be submitted to the city. The owner of such WCF shall remove the same within 90 days of receipt of written notice from the city. If such WCF is not removed within 90 days, the city may remove it at the owner’s expense and any approved permits for the WCF shall be deemed to have expired.

1. For all new WCFs, the applicant shall provide the carrier’s master network plan for the city showing the carrier’s existing WCF locations and narrative explaining the potential WCF locations over the next year, if known. The applicant shall also provide technical justification supporting the need for the height of the WCF and for any new tower and why a shorter support structure could not be utilized. Any application for a new tower greater than 75 feet in height shall provide technical justification as to why a tower of 75 feet or less in height could not be utilized instead to adequately serve the Auburn community.

2. Narrative description of the facility including whether there is capacity on the proposed structure for more antennas. The applicant shall provide evidence of the ability to execute a nonexclusive lease between the carrier and the underlying property owner, if the property owner is different, that allows for other carriers to place antennas and equipment on the structure. This ability for co-location must be demonstrated, unless relief from this requirement is requested and ultimately approved in accordance with the provisions in this chapter.

3. A color sample for the proposed tower.

4. Narrative description of proposed concealment design techniques intended to make the facility look like something other than a tower or base station. Photographs, photo simulations, or similar illustrations that show a reasonable likeness of the proposed facility including the antennas and above-ground support equipment.

1. Unless otherwise provided for, the mobile testing facilities/equipment used to test network limitations are exempt from the provisions of this section.

The facilities/equipment shall not be at any one location for more than 14 days and shall otherwise meet the requirements of any other ordinance, regulation or code provision.

2. EWCFs are exempt from the provisions of subsections B, Separation between Facilities; (C)(1), Co-Location Requirements; D, Height (except (D)(4)); and E, Setbacks, of this section.

1. Application and Review Requirement for Eligible Facilities Requests. Applicants seeking approval of eligible facility requests must complete an application form furnished by the city and comply with any requirements set forth in applicable city ordinances. The application form shall be limited to the information necessary for the city to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification or co-location. Such information may include, without limitation, whether the project:

2. Review Procedures for Eligible Facilities Requests. This section applies to any eligible facilities requests for co-location on or modification to an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.

3. Time Frame for Reviewing and Deciding Eligible Facilities Requests. Subject to the tolling provisions below, within 60 days of the date on which an applicant submits a complete application, as determined by the director, the city shall approve the application unless it determines that the application does not qualify as an “eligible facilities request,” or does not comply with other applicable code requirements.

4. Interaction with Telecommunications Act Section 332(c)(7). If the city determines that the applicant’s request is not an eligible facilities request as delineated in this section, the presumptively reasonable time frame under Section 332(c)(7), as prescribed by the FCC’s Shot Clock order in WT Docket No. 08-165 (Adopted November 18, 2009), will begin to run from the issuance of the city’s decision that the application is not a covered request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6799 § 7 (Exh. G), 2020; Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 15, 2009.)