In establishing a new site, the industry requires a location that is technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service. Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority:
(1) 
Topography as it relates to line of sight transmissions for optimum efficiency in telephone service.
(2) 
Availability of road access.
(3) 
Availability of electric power.
(4) 
Availability of land-based telephone lines or microwave link capability.
(5) 
Lands leasable at fair market value, and landlords who want facilities to be located on their properties consistent with zoning regulations.
(6) 
Screening potential of existing vegetation, structures and topographic features.
(7) 
Zoning that will allow low power mobile radio service facilities.
(8) 
Compatibility with adjacent land uses.
(9) 
The least number of sites to cover the desired area.
(10) 
The greatest amount of coverage, consistent with physical requirements.
(11) 
Opportunities to mitigate possible visual impact.
(12) 
Availability of suitable existing structures for antenna mounting.
(Ord. 1316 § 76, 2003; Ord. 1699 § 2 (part), 2018)
(1) 
Any applicant proposing to construct an antenna support structure or mount an antenna on an existing structure outside of the public rights-of-way or any facility in the public rights-of-way other than small cell facilities shall demonstrate by engineering evidence that the antenna must be located at the site to satisfy its function in the applicant's local grid system. Further, the applicant must demonstrate by engineering evidence that the height requested is the minimum height necessary to fulfill the site's function within the grid system.
(2) 
Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the support structure.
(3) 
Low power mobile radio service facilities shall be located and designed to minimize and mitigate any significant adverse impact on residential property values. Facilities shall be placed in locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.
(4) 
In all zones, location and design of facilities shall consider the impact of the facility on the surrounding neighborhood and the visual impact within the zone district. In all zones, towers shall be significantly screened or designed according to standards to be established by the City Manager.
(Ord. 1316 § 77, 2003; Ord. 1699 § 2 (part), 2018)
The order of priorities for locating new personal wireless service facilities other than small cell facilities in the public rights-of-way shall be as follows:
(1) 
Place antennas and towers on City property if practical.
(2) 
Place antennas on existing structures, such as buildings, towers, water towers and smokestacks.
(3) 
Place antennas and towers in districts zoned commercial.
(4) 
Place antennas and towers on other nonresidential property.
(5) 
Place antennas on multifamily residential structures exceeding 30 feet in height.
(6) 
Place antennas and towers in Residential Zones (a) only if appropriate locations are not available in nonresidential zones, or (b) when collocation on an existing structure can be accomplished in a manner consistent with the design and aesthetic considerations provided under this Title.
(Ord. 1316 § 78, 2003; Ord. 1699 § 2 (part), 2018)
(1) 
Except for items exempt from the provisions of this Title as provided in DMMC § 20.07.020, a conditional use permit is required for all antennas, towers, and personal wireless facilities located in a Residential Zone, other than small cell facilities in the public rights-of-way. Small cell facilities within the public rights-of-way shall be located pursuant to Article II of this chapter. Any terms and conditions imposed on such use shall contain substantially similar terms and conditions which, taken as a whole and considering relevant characteristics of the facility and situation at hand, do not provide more or less favorable terms and conditions than those required of licensees or franchisees under this Title.
(2) 
An applicant that wishes to locate a new antenna support structure in a Residential Zone shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government facility, a private institutional structure, or other appropriate existing structures within a nonresidential zone, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available.
(3) 
Applicants are required to demonstrate that they: (a) have contacted the owners of structures in excess of 30 feet within a one-quarter-mile radius of the site proposed and which from a location standpoint could provide part of a network for transmission of signals, and (b) have asked for permission to install the antenna on those structures at fair market value.
(4) 
The information submitted by the applicant shall include: (a) a map of the area to be served by the tower or antenna, (b) its relationship to other cell sites in the applicant's network, and (c) an evaluation of existing buildings taller than 30 feet within one-quarter mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals.
(5) 
In order to process eligible facility requests collocations and other applications subject to federal and state time limitations, the conditional use process may be expedited to the extent required to comply with chapter 35.99 RCW.
(6) 
Waiver of Conditional Use Permit. See DMMC § 20.07.080 for waiver of conditional use permit for collocations and eligible facilities requests. A conditional use permit is not required for the location of wireless communication facilities on public property pursuant to DMMC § 20.07.070.
(Ord. 1316 § 79, 2003; Ord. 1699 § 2 (part), 2018)
Where public property is sought to be utilized by an applicant, priority for the use of City-owned land for wireless antennas and towers will be given to the following entities in descending order:
(1) 
City of Des Moines;
(2) 
Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the City of Des Moines and private entities with a public safety agreement with the City of Des Moines;
(3) 
Other governmental agencies, for uses which are not related to public safety; and
(4) 
Entities providing licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public.
(a) 
Minimum Requirements. The placement of personal wireless service facilities on City-owned property must comply with the following requirements:
(i) 
The facilities will not interfere with the purpose for which the City-owned property is intended;
(ii) 
Probable, significant adverse impacts on surrounding private property can be appropriately mitigated;
(iii) 
The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The City shall establish fees after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors;
(iv) 
The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of removing the facilities;
(v) 
The antennas or tower will not interfere with other users who have a higher priority as discussed in this section;
(vi) 
The lease shall provide that the applicant must agree that in the case of a declared emergency or documented threat to public health, safety or welfare and following reasonable notice, the City may require the applicant to remove the facilities at the applicant's expense;
(vii) 
The applicant must reimburse the City for any related costs which the City incurs because of the presence of the applicant's facilities;
(viii) 
The applicant must obtain all necessary land use approvals; and
(ix) 
The applicant must cooperate with the City's objective to encourage collocations and thus limit the number of cell sites requested or camouflage the site.
(b) 
Special Requirements for Parks. The use of City-owned parks for personal wireless service facilities brings with it special concerns due to the unique nature of these sites. The placement of personal wireless service facilities in a park will be allowed only when the following additional requirements are met:
(i) 
The City Manager or the City Manager's designee has reviewed and made a recommendation regarding proposed personal wireless service facilities to be located in the park and this recommendation must be forwarded to the City Council for consideration;
(ii) 
In no case shall personal wireless service facilities be allowed in designated critical areas unless they are collocated on existing facilities;
(iii) 
Before personal wireless service facilities may be located in public parks, consideration shall be given to visual impacts and disruption of normal public use;
(iv) 
Personal wireless service facilities may be located in public parks that are adjacent to an existing Commercial or Industrial Zone;
(v) 
Personal wireless service facilities may be located in park maintenance facilities;
(vi) 
Personal wireless facilities may only be located in public parks if the applicant presents evidence sufficient to satisfy the City Manager that such facilities will be appropriately designed, sited, and constructed to protect the health, safety and welfare of park users.
(c) 
Required Submittals. Application for conditional use permits, building permits, and other related requests may include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of other applicable ordinances:
(i) 
Photosimulations of the proposed facility from affected residential properties and public ways at varying distances;
(ii) 
A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility;
(iii) 
A signed statement indicating that (A) the applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional personal wireless service facilities by other providers on the applicant's structure or within the same site location and (B) the applicant and/or landlord agree to remove the facility within 60 days after abandonment;
(iv) 
Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Paragraph 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;
(v) 
A site plan clearly indicating the location, type and height of the proposed tower and antenna, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures;
(vi) 
A current map and aerial showing the location of the proposed tower, a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the City;
(vii) 
Legal description of the parcel, if applicable;
(viii) 
The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;
(ix) 
A landscape plan showing specific landscape materials;
(x) 
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
(xi) 
A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations;
(xii) 
A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users;
(xiii) 
Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
(xiv) 
The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations;
(xv) 
The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;
(xvi) 
A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this Title. The site plan shall not be required if the antenna is to be mounted on an existing structure; and
(xvii) 
At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the City.
(Ord. 1316 § 80, 2003; Ord. 1699 § 2 (part), 2018)
(1) 
To minimize adverse visual impacts associated with the proliferation of towers, collocation of personal wireless service facilities and eligible facilities requests to expand facilities on existing or new towers are as follows:
(a) 
Proposed facilities may, and are encouraged to, collocate onto existing towers. Such collocation is permitted by right and new or additional conditional use permit approval is not required, except that any other permit, license, lease, or franchise requirements must be satisfied, and the collocation must be accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this Title.
(b) 
The conditional use permit requirement for a facility may be waived in all zones if the applicant locates the antenna on an existing structure or an existing tower or expands an existing facility by an eligible facilities request. The applicant must submit detailed plans to the Community Development Department for a collocation permit to determine if the conditional use permit process and public hearing can be waived. No building permit will be issued until approval is granted by a collocation permit or conditional use permit.
(c) 
The City may deny an application to construct new facilities if the applicant has not shown by substantial evidence that it has made a diligent effort to mount the facilities on an existing structure or tower or expand an existing facility by an eligible facilities request.
(d) 
To reduce the number of antenna support structures needed in the City in the future, new proposed support structures shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.
(e) 
Unless collocation is not feasible, an applicant's site plan shall reserve an area for other providers' equipment and/or probable expansion or modification of the applicant's proposed facility near the base of the applicant's tower. A first right-of-refusal (which is either executed or maintained while the provider's personal wireless facilities and services are in use) to lease the area at the base of the tower or mount for other providers will meet the reservation requirement.
(f) 
To provide further incentive for collocation or expansion by an eligible facilities request, an existing tower may be modified through a collocation or eligible facilities request permit which may be issued by the City Manager or the City Manager's designee. See DMMC § 20.10.020 et seq.
(g) 
While collocation and the requirements herein are encouraged, collocation shall not take precedence over the construction of shorter towers with appropriate screening.
(2) 
Providers with existing facilities capable of accommodating collocation within the City of Des Moines are hereby required to negotiate in good faith with any applicant seeking to collocate telecommunications equipment on their facilities.
If an applicant is unable to reach a collocation agreement with a provider owning or controlling an existing facility within the City as the result of terms and conditions which are believed to be in bad faith and anticompetitive, the aggrieved applicant may, upon payment of a filing fee to be established by the City Manager, petition the City Manager to make a determination as to whether such terms and conditions should be deemed in bad faith and anticompetitive. If the City Attorney concludes that the challenged terms and conditions of any collocation agreement are in bad faith and anticompetitive, the City Attorney may institute proceedings before the Hearing Examiner seeking revocation of any or all land use or other authorizations granted by the City with respect to the existence or operation of such facility; however, the City may, at its sole discretion, withdraw or refrain from initiating a revocation proceeding until such time as the aggrieved applicant makes payment or reaches and complies with an agreement with the City setting a schedule for payment of all reasonably anticipated costs to be incurred by the City in a revocation proceeding before the Hearing Examiner.
Upon receipt of a revocation recommendation from the City Attorney, the Hearing Examiner shall conduct all necessary proceedings and reach a determination as to whether the terms and conditions of the challenged collocation agreement are in bad faith and anti-competitive. The Hearing Examiner shall have authority to revoke any and all land use permits or other authorizations granted by the City with respect to the existence and operation of telecommunications facilities owned or controlled by any provider found to be in violation of this section or impose lesser sanctions as provided in DMMC § 20.06.280. Upon a determination by the Hearing Examiner to revoke permits or authorizations enabling the existence or operation of any facility(ies) or improvement(s) located within the City, the affected provider shall remove such facility(ies) in the time and manner provided in DMMC § 20.06.290.
Notwithstanding provisions found elsewhere in City codes, appeals of any Hearing Examiner decision including decisions to site wireless communication facilities to be located outside of the public rights-of-way by conditional use permit issued under this section shall be before the King County Superior Court, and must be filed and served within 21 days of the issuance of such decision as provided in RCW 36.70C.040(3). Administrative permits issued pursuant to DMMC § 20.07.070 or § 20.07.240 are not land use decisions and are not subject to review under chapter 36.70C RCW.
(Ord. 1316 § 81, 2003; Ord. 1699 § 2 (part), 2018)
(1) 
As provided above, new facilities shall be designed to accommodate collocation, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons.
(2) 
Facilities shall be architecturally compatible with the surrounding buildings and land uses in the zoning district and screened or otherwise integrated, through location and design, to blend in with the existing characteristics of the site.
(a) 
Setback. A tower's setback shall be measured from the base of the tower to the property line of the parcel on which it is located. In residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to 100 percent of tower height as measured from ground level, except for unusual geographic limitations or other public policy considerations, as determined in the City's sole discretion. All other towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts, unless there are unusual geographical limitations or other public policy considerations as determined in the sole and absolute discretion of the City.
Such considerations shall include, by way of illustration and not limitation, but are not limited to:
(i) 
Impact on adjacent properties;
(ii) 
Alternative sites for personal wireless facilities; and
(iii) 
The extent to which screening and camouflaging will mitigate the effects of the personal wireless facilities.
(b) 
View Corridors. Due consideration shall be given so that placement of towers, antennas, and personal wireless service facilities does not obstruct or significantly diminish views of Mt. Rainier, Puget Sound or the Olympic Mountains.
(c) 
Color, Marking, Lights, Signals and Signs. Towers shall have a color generally matching the surroundings or background that minimizes their visibility unless a different color is required by the FCC or FAA.
No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should marking be required, in cases where there are residents located within a distance which is 300 percent of the height of the tower, then dual mode lighting shall be requested from the FAA and the residents located within said distance shall be notified.
(d) 
Equipment and Structures. Ground level equipment, buildings, and the tower base shall be screened from public view. The standards for the equipment buildings are as follows:
(i) 
The maximum floor area is 300 square feet and the maximum height is limited to the height of a one-story building which design is consistent with the neighborhood. Except in unusual circumstances or for other public policy considerations the equipment building may be located no more than 50 feet from the tower or antenna, with any additional distance to be left to the discretion of the City Manager. Depending upon the aesthetics and other related issues, the City, in its sole discretion, may approve multiple equipment structures or one or more larger structures.
(ii) 
Ground level buildings shall be screened from view by landscape plantings, fencing, or other appropriate means to satisfy City standards for Type I landscaping.
(iii) 
Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted.
(iv) 
In instances where equipment buildings are located in Residential Zones, equipment buildings shall comply with setback requirements and shall be designed so as to conform in appearance with nearby residential structures.
(v) 
Equipment buildings, antennas, and related equipment shall occupy no more than 25 percent of the total roof area of the building the facility is mounted on, which may vary in the City's sole discretion if collocation and an adequate screening structure are used.
(vi) 
Noise from antenna equipment should be reduced where possible to 30 Db. Continual low frequency sounds such as hums, clicks, buzzes and the like should be avoided.
The use must be approved on a site plan or final development plan, as applicable.
(e) 
Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then personal wireless service providers governed by this Title shall bring their towers and antennas into compliance with the revised standards and regulations within three months of their effective date or the timelines provided by the revised standards and regulations, whichever time period is longer. The revised standards and regulations are not retroactively applicable to existing providers, unless otherwise provided or permitted by federal law. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the City to remove a provider's facilities at the provider's expense.
(f) 
Building Codes – Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable City building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with such standards. If the owner fails to bring its tower into compliance within 30 days, the City may remove the tower at the owner's expense.
(g) 
Structural Design. Towers shall be constructed to the EIA Standards, which may be amended from time to time, and to all applicable construction/building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped by a professional engineer which demonstrate compliance with the EIA Standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested.
(h) 
Fencing. A well-constructed wall or wooden fence not less than six feet in height from the finished grade shall be provided around each personal wireless service facility. Fencing should be colored or should be of a design which blends into the character of the existing environment. Access to the facility shall be through a locked gate. The use of chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view through the use of either climbing evergreen shrubs on the fence or evergreen shrubs equal to the height of the fence and consistent with the City's Type I landscaping standards.
(i) 
Tower and Antenna Height.
(i) 
All applicants for approvals and/or permits required by the City for towers or antennas must demonstrate through engineering evidence that the height of the proposed tower and/or antenna is the minimum height necessary to satisfactorily fulfill the facility's intended function.
(ii) 
No tower or antenna that is taller than the minimum height required, based on engineering evidence, shall be approved or otherwise permitted. Engineering evidence reviewed and considered by the City may include information obtained through the third-party review process set forth in DMMC § 20.07.290.
(iii) 
No tower or mount shall exceed 80 feet; provided, that:
(A) 
A conditional use permit may be issued by the Hearing Examiner to allow a tower or mount up to but not exceeding 120 feet if the applicant can show by clear and convincing evidence that the additional height is necessary to allow for collocation of one or more additional facilities on the proposed tower; and
(B) 
The applicant presents a binding agreement with another provider ready, willing and able to collocate its facility on the proposed tower at or within a reasonable time of its completion, but not more than 90 days following completion, except for conditions or circumstances outside the control of the parties wishing to effectuate the collocation agreement related to the tower at issue; or the applicant presents a construction plan calling for collocation of more than one facility belonging to the applicant on the proposed tower at or within a reasonable time of its completion, but not more than 90 days following completion, except for conditions or circumstances outside the control of the applicant; and
(C) 
In the event that collocation of an additional facility has not occurred on any tower granted approval for a height exceeding 80 feet within the time period set forth above, the City may order removal or modification of the facility at the owner's expense as provided in this Title; and
(D) 
In considering the application for a conditional use permit under this section, the Hearing Examiner shall evaluate the matter and impose conditions consistent with subsections (2)(i)(i) and (ii) of this section and other relevant provisions of this Title.
(j) 
Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe, and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(k) 
Required Parking. If the cell site is fully automated, the location for one parking space for maintenance visits shall be designated on the site plan. If the site is not automated, adequate parking shall be reserved on the site plan for on-site employees.
(l) 
Tower Separation. In no case shall towers be located closer than 500 feet from another tower whether it is owned or utilized by applicant or another provider, unless the City Manager designates areas where multiple towers can be located in closer proximity following a third-party review initiated upon receipt of an application warranting such study. The term "tower" as used in this section shall not include existing, replacement or new utility poles or light standards used to site small cell facilities when located within the public rights-of-way.
(m) 
Antenna Criteria. Antenna on or above a structure shall be subject to the following:
(i) 
The antenna shall be architecturally compatible with the building and wall on which it is mounted and shall be designed and located so as to minimize any adverse aesthetic impact.
(ii) 
The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless it must for technical reasons. In no event shall an antenna project more than 16 feet above the roof line including parapets.
(iii) 
The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.
(iv) 
The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building but may not project any higher than the enclosure.
(v) 
If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.
(vi) 
The structure must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation, and uses. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.
(vii) 
Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by the City, in the City's sole discretion.
(viii) 
For installations or buildings greater than 30 feet in height, see other applicable provisions of this Title. In addition to the other requirements of this Title, on buildings 30 feet or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied:
(A) 
The City finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.
(B) 
No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein.
(C) 
The antenna or antennas and related base stations cover no more than an aggregate total of 25 percent of the roof area of a building, which may vary in the City's sole discretion, if collocating and an adequate screening structure are used.
(D) 
Roof-mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building.
(E) 
No portion of the antenna may exceed 16 feet above the height of the existing building.
(ix) 
If a proposed antenna is located on a building or a lot subject to a site review, approval is required prior to the issuance of a building permit.
(x) 
No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district unless such antenna has been approved in accordance with City ordinances.
(xi) 
No personal wireless service provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the City Manager may require a third-party technical study, at the expense of either or both parties, to resolve the dispute.
(xii) 
No personal wireless service provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to putting the antenna in service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is collocated with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the collocation.
(xiii) 
No antenna shall cause localized interference with the reception of any other communications signals including, but not limited to, public safety, television, and radio broadcast signals.
(xiv) 
No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this article.
(3) 
Setback from Street. Unless there are unusual geographic limitations or other public policy considerations, as determined in the City's sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located unless otherwise waived or exempt.
(4) 
Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached; however, the City Manager may permit the temporary use of guy wires where such use is required in an emergency or other circumstances that are in the interest of public health and safety, but in no event should such temporary use be allowed for more than 30 days.
(Ord. 1316 § 82, 2003; Ord. 1699 § 2 (part), 2018)
Where a tower or antenna support structure will be 60 feet or less in height, and such facility is not otherwise exempt from coverage by this Title, in addition to the other provisions of this Title, an applicant will be required to obtain design review approval as set forth in chapter 18.235 DMMC. In the event that a proposed tower or antenna support structure will be located in a Residential Zone, or an unscreened tower in the downtown area, or will be more than 60 feet in height, in addition to the other provisions of this Title, an applicant will be required to obtain a conditional use permit. With respect to the placement of antenna on a tower or antenna support structure, the requirements for a conditional use permit or design review will be applicable based on the height of the tower and antenna or mount and antenna unless this Title provides other requirements to the contrary.
To meet the standards of this Title, a personal wireless service facility must also comply with the other requirements under this Title and, for antennas attached to the roof or sides of a building at least 30 feet in height, an existing tower, a water tank, or a similar structure:
(1) 
Antennas mounted on existing structures in the Commercial Zones, not exceeding 16 feet in height, may be permitted following design review approval as provided in chapter 18.235 DMMC and submittal of an affidavit of compliance with this Title and other City regulations.
(2) 
Antennas, antenna arrays, and support structures not on publicly owned property shall not extend more than 16 feet above the highest point of the structure on which they are mounted. The antenna, antenna array, and their support structure shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to withstand a wind force of 100 miles per hour without the use of supporting guy wires. The antenna, antenna array, and their support structure shall be a color that blends with the structure on which they are mounted.
(3) 
To the extent that antennas are attached to electric, phone or light poles and such antennas are no more than two feet in height, collocation and building permits will be required, but such antenna(s) shall not be subject to setbacks and screening requirements.
(Ord. 1316 § 83, 2003; Ord. 1699 § 2 (part), 2018)
Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC Standards and within 60 days of the inspection file a report with the City Manager. Submission of a copy of FCC required, and duly filed, safety inspection report, or the facility operator's maintenance reports for the prior 12 months in the event no FCC report is required for such year, shall satisfy the requirements of this section.
(Ord. 1316 § 84, 2003; Ord. 1699 § 2 (part), 2018)
(1) 
Landscaping. Landscaping, as described herein, shall be required to screen personal wireless service facilities as much as possible, to soften the appearance of the cell site. The City may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.
(2) 
Screening. The visual impacts of a personal wireless service facility shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the City may waive the standards for those sides of the facility that are not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping requirements.
(3) 
Landscaping and screening requirements may be waived by the City where such measures are not in the public interest.
(4) 
In the event that landscaping and/or screening is not maintained at the required level, the City, after giving 30 days' advance written notice, may maintain or establish the landscaping and/or screening. All expenses incurred by the City under this section shall constitute a civil debt owing to the City jointly and severally by the owner(s) and lessee(s), which debt shall be collectible in the same manner as any other civil debt.
(Ord. 1316 § 85, 2003; Ord. 1699 § 2 (part), 2018)