This Chapter contains the development standards and regulations
for the Telecommunications Overlay established by the City.
(Ord. 511, 2002)
The purpose of this overlay is to regulate the construction,
placement, and modification of wireless communication facilities;
to allow the providers of wireless communications services to provide
such services to the community effectively and efficiently while minimizing
the total number and overall impact of additional towers; to encourage
collocation, the use of attached facilities, and the use of appropriate
public and semi-public properties where possible; to require designs
and parameters compatible with adjacent land uses; to promote long-range
planning and cooperation between property owners, the wireless communications
services providers and the City; and to protect the public health,
safety, and general welfare of the community.
The City shall utilize the Telecommunications Overlay Zone to
encourage new commercial antennas and wireless communication facilities
to locate in the Resort Commercial (RC) and Sports Complex (SPX) zones.
These two zones offer the telecommunications industry opportunities
for new commercial antennas and wireless communication facilities
to be developed that meet the needs of the industry while, at the
same time, maintaining the aesthetic standards of the City.
The Telecommunications Overlay shall apply to the Sports Complex Zone (Chapter 31.35) and the Resort Commercial Zone (Chapter 21.34)
The standards and regulations of the Telecommunications Overlay
shall apply to new commercial antennas and wireless communication
facilities that are proposed within the Sports Complex and the Resort
Commercial Zones.
New commercial antennas and wireless communication facilities
subject to the Telecommunications Overlay are provided with a two-track
review and approval process depending upon the nature of the proposal:
administrative review and the full public review.
(a)
Administrative Review. Commercial antenna and wireless communication facilities that comply with the development standards specified in Sections 21.48.060 or 21.48.070, are subject to the Administrative Review Process noted in Section 21.90.060(d)(3).
(b)
Full Public Review. Commercial antenna and wireless communication facilities that do not comply with the standards set forth in Sections 21.48.060 or 21.48.070 or are proposed to exceed the height standards shall be required to obtain a Conditional Use Permit, per Section 21.06.040(a).
The goals of the Sports Complex Overlay Zone are to: 1) encourage
the placement of commercial antennas and wireless communications facilities
within the Sports Complex Zone (SPX) by establishing certain location,
siting and design standards; 2) require commercial antennas and wireless
communication facilities to be sited in a manner that eliminates to
the greatest extent possible, the visual impact of these facilities;
3) promote wireless communications facilities that are compatible
with surrounding land uses, 4) protect the beauty of the natural environment
by eliminating the potential visual blight of wireless communication
facilities to the greatest extent possible; and 5) safeguard the health,
safety, general welfare, and property values of the community.
Commercial antenna and wireless communication facilities are
encouraged to locate within the Sports Complex Zone because there
are opportunities to design and develop communications facilities
that can be incorporated into or designed to blend in with existing
facilities of the Tennis Garden and meet both the technical requirements
of the telecommunications industry and the aesthetic values of the
City of Indian Wells.
(a)
Height. The height of freestanding commercial antenna and wireless communications facilities and extendible towers in the Sports Complex Zone (SPX) shall not exceed the stadium height (fifty-four (54) feet six (6) inches) unless the wireless communication facility is designed to be an integral part of the structure. If the communication facility (tower) is designed as part of the stadium, then the facility could be allowed to extend to a maximum height of ninety-three (93) feet subject to the provisions in Section 21.48.060 (b)
(1)
The height of freestanding commercial antenna and wireless communications facilities shall be measured as prescribed in Section 21.90.060(e)(3)(ii) of the Antenna Ordinance.
(2)
Commercial antennas and wireless communication facilities that are proposed to be colocated may exceed the height limit set forth in Section 21.48.060(a) by fifteen (15) feet as prescribed in Section 21.90.060(e)(3)(iii) of the Antenna Ordinance.
(b)
Exception to Height Standards. Commercial antennas and wireless communication facilities may exceed the maximum height standards set forth in Section 21.48.060(a) under the following conditions:
(i)
The Applicant provides substantial evidence that there are no existing
structures or freestanding wireless communication facilities within
the geographic area of sufficient height to meet Applicant's requirements
and the deficiency in height cannot be remedied at a reasonable cost;
and
(ii)
The Applicant provides substantial evidence that the extra height
is necessary to avoid electromagnetic interference with other structures
including existing wireless communications facilities within the geographic
area; and
(iii)
The Applicant provides written documentation, to the satisfaction
of the Planning Commission/City Council, that the extra height is
necessary to allow for future rearrangement of antennas and/or to
accept additional antennas of other service providers; and
(iv)
The Applicant's proposal complies with the design standards set forth in Section 21.48.060(d).
(v)
Any application to exceed the height standards set forth in Section 21.48.060 (a) shall apply for a Conditional Use Permit with a full public review process per Section 21.48.050 (b) of the Antenna Ordinance. Such applications shall only be approved after full public review and findings of fact based on the following criteria:
(1)
Based on an independent analysis paid for by the applicant and approved
by the City by a radio frequency engineer, that there is no service
in the proposed coverage area or the existing service is substantially
inferior to other areas of the City and it is not technically feasible
to provide service to the same coverage area from another location
outside the Sports Complex Zone (SPX)
(2)
Denial of the application would have the effect of prohibiting the
provision of telecommunications services, unreasonably discriminating
among service providers, or constituting any other violation of State
or Federal law. The Applicant shall have the burden of proving that
the denial would result in such a violation.
(c)
Setbacks. Commercial antennas and wireless communication facilities shall comply with the setbacks prescribed in the base-zoning district, except as described in Section 21.90.060(e)(2) of the Antenna Ordinance.
(d)
Design Standards. In addition to the requirements of Section 21.90.060(e)(4) of the Antenna Ordinance, the following standards shall apply:
(1)
The Applicant's proposal cannot easily be distinguished as an commercial
antenna and wireless communication facility and is disguised in a
manner so it enhances the property and community, such as a flagpole,
light standard, realistic grouping of palm trees, clock tower, or
public art.
(2)
Freestanding commercial antenna and wireless communication facilities
that are proposed to either replace or be incorporated onto existing
light standards shall, to the greatest extent possible, mimic the
height, width, color, finish, material, density and look of the existing
light standards.
(3)
All freestanding commercial antenna and wireless communication facilities
shall be required as part of the conditions of approval for Conditional
Use Permits to cooperate with other service providers in the siting
of equipment and antennas to accommodate the maximum number of operators
at a given site where found to be feasible and aesthetically desirable.
The Applicant shall provide a notarized Statement as to whether construction
of their proposed freestanding commercial antenna will accommodate
co-location of additional antennas for future users and if not why
it will not. In the event co-location is represented to be not feasible,
the City may retain a technical expert in the field of RF engineering
to verify if co-location at the site is not feasible or is feasible
given the design configuration most accommodating to co-location.
The cost for such a technical expert will be at the expense of the
applicant.
(4)
The Applicant's proposal is hidden from public view or designed to
blend with existing structures in a manner so that it cannot easily
be distinguished as a commercial antenna and wireless communication
facility, such as a facade mounted antenna, chimney, building extension,
or parapet addition.
The goals of the Resort Commercial Overlay Zone are to: 1) encourage
the placement of commercial antennas and wireless communications facilities
within the Resort Commercial Zone (RC) by establishing certain location,
siting and design standards; 2) require commercial antennas and wireless
communication facilities to be sited in a manner that eliminates to
the greatest extent possible, the visual impact of these facilities;
3) promote wireless communications facilities that are compatible
with surrounding land uses, 4) protect the beauty of the natural environment
by eliminating the potential visual blight of wireless communication
facilities to the greatest extent possible; and 5) safeguard the health,
safety, general welfare, and property values of the community.
Commercial antenna and wireless communication facilities are
encouraged to locate within the Resort Commercial Zone because there
are opportunities to design and develop communications facilities
that can be incorporated into or designed to blend in with the resort
and meet both the technical requirements of the telecommunications
industry and the aesthetic values of the City of Indian Wells.
(a)
Location. It is the intent of the Resort Commercial Telecommunications
Overlay Zone to encourage new telecommunication facilities to locate
on and integrate with the resort structures in order to take advantage
of the heights these structures provide and minimize aesthetic impacts.
As such, the following review processes shall apply in the Resort
Commercial Zone:
(1)
Commercial antenna and wireless communications facilities that comply with the following shall be subject to the Administrative Review process, as described in Section 21.90.060(d)(3):
(i)
Commercial antenna and wireless communications facilities that are
located on, integrated with the design and style, and that comply
with the height requirements of the resort structure on which it is
located,
(ii)
Freestanding commercial antenna and wireless communications
facilities that are camouflaged so that they cannot be recognized
as a communications facility and are designed to blend with the adjacent
surroundings or to be a visual amenity, such as a clock tower or public
art.
(2)
Commercial antenna and wireless communications facilities that do not meet the criteria specified in Section 21.48.070(a)(1) shall be subject to the Full Public Review process, as described in Section 21.06.040.
(b)
Height. Commercial antenna and wireless communications facilities shall not exceed the maximum height of the resort where the facility is located in the Resort Commercial (RC) Zone, unless as prescribed in Section 21.48.070(c). The height of commercial antenna and wireless communications facilities shall be measured as prescribed in Section 21.90.060(e)(3)(ii) of the Antenna Ordinance.
(c)
Exception to Height Standards. Commercial antennas and wireless communication facilities may exceed the maximum height standards set forth in Section 21.48.070 (a) under the following conditions:
(1)
The applicant shall provide plans that substantially screen the proposed
facility from view of surrounding properties and the public view or
co-located with existing facilities or structures so as not to create
substantial visual, noise or thermal impacts and will be consistent
with the character of the surrounding development; and
(2)
The Applicant provides substantial evidence that there are no existing
structures or freestanding wireless communication facilities within
the geographic area of sufficient height to meet Applicant's requirements
and the deficiency in height cannot be remedied at a reasonable cost;
and
(3)
The Applicant provides substantial evidence that the extra height
is necessary to avoid electromagnetic interference with other structures
including existing wireless communications facilities within the geographic
area; and
(4)
The Applicant provides written documentation, to the satisfaction
of the Planning Commission/City Council, that the extra height is
necessary to allow for future rearrangement of antennas and/or to
accept additional antennas of other service providers; and
(5)
The Applicant's proposal complies with the design standards set forth in Section 21.48.070(e).
(6)
Any application to exceed the height standards set forth in Section 21.48.070(b) shall apply for a Conditional Use Permit with a full public review process per Section 21.48.050(b) of the Antenna Ordinance. Such applications shall only be approved after full public review and findings of fact based on the following criteria:
(i)
Based on an independent analysis paid for by the applicant and approved
by the City by a radio frequency engineer, that there is no service
in the proposed coverage area or the existing service is substantially
inferior to other areas of the City and it is not technically feasible
to provide service to the same coverage area from another location
outside the Resort Commercial Zone (RC).
(ii)
Denial of the application would have the effect of prohibiting
the provision of telecommunications services, unreasonably discriminating
among service providers, or constituting any other violation of State
or Federal law. The Applicant shall have the burden of proving that
the denial would result in such a violation.
(d)
Setbacks. Commercial antennas and wireless communication facilities shall comply with the setbacks prescribed in the base zoning district except as described in Section 21.90.060(e)(2) of the Antenna Ordinance.
(e)
Design Standards. In addition to the requirements of Section 21.90.060(e)(4) of the Antenna Ordinance, the following standards shall apply:
(1)
Building mounted antennas and any ancillary equipment shall be in
scale and architecturally integrated with the building design in such
a manner as to be visually unobtrusive. Screening may include designs
such as locating the facility within attics, steeples, towers, behind
and below parapets, or concealed within a new architectural addition
to a building or structure which is architecturally compatible with
the building.
(2)
When viewed directly against a building wall, colors and materials
of the antennas shall match the existing building. Antennas attached
to the building shall be painted or otherwise treated to match the
exterior of the building or the antenna's background color.
(3)
Roof mounted equipment and antennas shall be located as far away
as feasible and aesthetically desirable from the edge of the building.
All commercial antenna and wireless communication facilities that
are visible at five (5) feet above ground level, three hundred (300)
feet from the base of the building shall incorporate appropriate techniques
to camouflage or disguise the facility, and/or blend it into the surrounding
environment unless evidence, acceptable to the Planning Commission
shows that such camouflaging is infeasible.
(4)
Building mounted antenna and any ancillary equipment should avoid
any unreasonable interference with views from neighboring properties.
(Ord. No. 511 § 3, 2002)
The goals of allowing the placement of wireless facilities within
a gated community are to improve wireless communication coverage and
capacity to the residents of Indian Wells. The intention is to: 1)
require commercial antennas and wireless communication facilities
to be sited in a manner that minimizes the visual impact of these
facilities, 2) promote wireless communications facilities that are
compatible with surrounding land uses, 3) protect the beauty of the
natural environment by minimizing the potential visual blight of wireless
communication facilities to the greatest extent possible, and 4) safeguard
the health, safety, general welfare, and property values of the community.
Commercial antenna and wireless communication facilities are
encouraged to locate within a clubhouse facility that can be designed
to blend in with the buildings to meet both the technical requirements
of the telecommunications industry and the aesthetic values of the
community.
(a)
Location. It is the intent of the Residential Very Low Density Zone
with a Golf Course Overlay to allow a Telecommunications Overlay Zone
that would permit new telecommunication facilities to integrate with
the clubhouse structures to take advantage of the height these structures
provide and to minimize aesthetic impacts. As such, the following
review processes shall apply in the Residential Very Low Density Zone
with a Golf Course Overlay:
(b)
Height. Commercial antenna and wireless communications facilities
shall not exceed the maximum height of the golf clubhouse where the
facility is located in the Residential Very Low Density Zone with
a Golf Course Overlay.
(c)
Exception to Height Standards. Commercial antennas and wireless communication facilities may exceed the maximum height standards set forth in Section 21.48.080(a) under the following conditions:
(1)
The Applicant shall provide plans that fully screen the proposed
facility from the view of surrounding properties and the public view
unless it is co-located with existing facilities or structures. The
communication facilities shall not create substantial visual, noise
or thermal impacts and must be consistent with the character of the
surrounding development, and;
(2)
The Applicant provides substantial evidence that there are no existing
structures or freestanding wireless communication facilities within
the geographic area of sufficient height to meet the Applicant's requirements
and the deficiency in height cannot be remedied at a reasonable cost,
and;
(3)
The Applicant provides substantial evidence that the extra height
is necessary to avoid electromagnetic interference with other structures
including existing wireless communications facilities within the geographic
area, and;
(4)
The Applicant provides written documentation, to the satisfaction
of the Planning Commission/City Council, that the extra height is
necessary to allow for future rearrangement of antennas and/or to
accept additional antennas of other service providers, and;
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The Applicant's proposal complies with the design standards set forth in Section 21.48.080(e) and that the extended height shall integrate into the existing club house architecture so as not to appear as an addition to the structure.
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(d)
Setbacks. Commercial antennas and wireless communication facilities
shall comply with the setbacks prescribed in the base-zoning district
except as described in Section 21.90.060(2) of the Antenna Ordinance.
(e)
Design Standards. In addition to the requirements of Section 21.90.060(4)
of the Antenna Ordinance, the following standards shall apply:
(1)
Building mounted antennas and any ancillary equipment shall be in
scale and architecturally integrated with the building design in such
a manner as to be visually unobtrusive. Screening may include designs
such as locating the facility within attics, steeples, towers, behind
and below parapets, or concealed within a new architectural addition
to a building or structure which is architecturally compatible with
the building.
(2)
When viewed directly against a building wall, colors and materials
of the antennas shall match the existing building. Antennas attached
to the building shall be painted or otherwise treated to match the
exterior of the building or the antenna's background color.
(3)
Roof-mounted equipment and antennas shall be located as far away
as feasible and aesthetically desirable from the edge of the building.
All commercial antenna and wireless communication facilities that
are visible at five (5) feet above ground level, three hundred (300)
feet from the base of the building shall incorporate appropriate techniques
to camouflage or disguise the facility, and/or blend it into the surrounding
environment unless evidence, acceptable to the Planning Commission
shows that such camouflaging is infeasible. All such roof-mounted
equipment must be architecturally compatible with the building.
(4)
Building mounted antenna and any ancillary equipment shall not interfere
with views from neighboring properties.
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Antenna and Wireless Communication Facilities
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All commercial antenna and wireless communication facilities
must be designed and located to minimize their visibility to the greatest
extent feasible, considering technological requirements, by means
of placement, screening, and camouflage.
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Based on potential aesthetic impact, the order of preference
for facility type is: façade mounted, roof mounted, ground
mounted, and freestanding tower. Below are examples of acceptable
and unacceptable building and roof treatments.
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Photos courtesy of Stealth Network Technologies, Inc.
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Bell tower
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Flag pole
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Roof mounted flag pole
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Examples of acceptable disguised towers
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 Facade mounted antennas
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 Chimneys
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Examples of acceptable building treatments
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 Cross
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 Louvers on façade
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 Custom steeple
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Examples of acceptable building treatments
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 Roof mounted antenna
Examples of acceptable roof treatments
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The City's Antenna Ordinance contains specific standards regarding
the location and design of commercial antenna and wireless communication
facilities within the City of Indian Wells. Specific questions regarding
these standards should be directed to a Planning Department representative.
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 Roof mounted antenna
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 Parapet addition
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 Roof mounted antenna
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Photos courtesy of Stealth Network Technologies, Inc.
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Examples of unacceptable roof treatments
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(Ord. 525 § 1, 2002)
