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(1) Except as provided for in subsection 4.3.A(2) below, this article shall apply to development activities including installation, construction, or modification to all the following wireless communication facilities:

a. Existing towers, concealed and nonconcealed; publicly and privately owned;

b. Proposed towers, concealed and nonconcealed; publicly and privately owned;

c. Replacement of any existing tower;

d. Collocation on any existing tower or base station;

e. Existing concealed and nonconcealed base stations, publicly and privately owned;

f. Proposed concealed and nonconcealed base stations, publicly and privately owned;

g. AM/FM/TV/DTV broadcasting facilities; and

h. Amateur radio tower(s).

(2) The following items are exempt from the provisions of this article, notwithstanding any other regulations established in this Code:

a. Noncommercial, amateur radio towers or antennas that are less than 65 feet in height and attached to the rear or side of residential or commercial structures or freestanding in an area directly behind the rear structural wall of a residential or commercial structure. Noncommercial, amateur, ham radio or citizens’ band towers, antennas or antenna arrays with heights greater than 65 feet or not located directly behind the rear structural wall of a residential or commercial structure, or attached to the rear or side of residential or commercial structures shall be regulated in accordance with Section 4.4, General Development and Design Standards and Processes;

b. Regular maintenance of any existing wireless communication facility that does not include an increase in the size or number of antenna; the addition of radio heads or other similar structures; the addition of coaxial cable; or the addition of equipment shelters, cabinets or generators;

c. The replacement of existing antennas, antenna panels, antenna elements or other equipment on an existing tower or base station by the same owner or wireless communication facility provider; provided, that the replaced antennas, antenna elements or equipment meet building code requirements (including wind loading) and provided such replacement does not increase the overall height or width of the structure;

d. A government-owned wireless communication facility, upon the declaration of a state of emergency by federal, state, or local government and a written determination of public necessity by the Fire Chief or Chief of Police; except that such facility must comply with all federal and state requirements. No wireless communication facility shall be exempt from the provisions of this article beyond the duration of the state of emergency;

e. Data, video or information transmission as part of the day-to-day operations of a commercial business, including, for example, processing of credit card sales, automatic inventory control, and the like, which are mounted on and do not extend more than two meters or six and one-half feet above the roof surface of any building. Where technologically feasible, such antennas shall not be mounted on an exterior parapet wall facing a ROW or private easement;

f. A commercial or residential wireless internet send/receive antenna that is required to be located at the point of use. Where technologically feasible, such antennas shall not be mounted on an exterior parapet wall facing a ROW or private easement;

g. OTARD including satellite earth stations, so long as the device does not require construction of a tower or other structure exceeding 12 feet above the home or building and the device is no more than one meter in diameter in a residential zone or two meters in any other zone district. Where technologically feasible, such antennas shall not be mounted on an exterior parapet wall facing a ROW or private easement;

h. Any antenna-supporting structure that is damaged or destroyed by fire, flood, explosion, earthquake, war, riot, or act of God may be reconstructed and used as before if done within 12 months of such calamity; provided, that there is no increase in structure height, width or number of antennas. If a new, larger antenna-supporting structure is proposed as a replacement structure, then the requirements of Section 4.3.B, Approvals Required, shall be satisfied;

i. A temporary PWSF, utilized for not more than 60 calendar days, which does not require FAA lighting or marking and does not require any kind of excavation; and

j. A wireless communication facility located within a ROW, which shall be regulated in accordance with the provisions of Sedona City Code Title 12 and the provisions of A.R.S. § 9-591 et seq.

(3) Siting Preferences for New Wireless Communication Facilities

a. Siting of new PWSF of any type shall be in accordance with the siting preferences below and with the use table below. Where a lower-ranked alternative is proposed, the applicant must demonstrate through relevant information including, but not limited to, an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established preferences within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed facilities, by clear and convincing evidence. The applicant must provide such evidence in its application in order for the application to be considered complete. No new PWSF shall be permitted unless the applicant demonstrates that no existing PWSF can accommodate the applicant’s proposed facility; or that use of such existing facilities would prohibit personal wireless services in the area of the City to be served by the proposed antenna-supporting structure.

b. Evidence submitted to demonstrate that no existing PWSF could accommodate the applicant’s proposed facility may consist of any of the following:

1. No existing PWSF located within the geographic search ring or a one-half mile around the geographic search ring meet the applicant’s engineering requirements.

2. Existing PWSF are not of sufficient height to meet the applicant’s engineering requirements.

3. Existing PWSF do not have sufficient structural strength to support the applicant’s proposed wireless communication facilities and related equipment.

4. The applicant demonstrates that there are other limiting factors that render existing PWSF unsuitable.

c. Siting for new PWSFs is as shown in Table 4.1. The preferred order of alternative ranking, from highest to lowest, shall be 1, 2, 3, 4, and 5 (and within each ranking a, b, c, etc.).

Table 4.1 Siting for New PWSFs

PWSF Type

Tower Example

Base Station Example

Other Example

1. Concealed Base Station

a. City-owned property

Not applicable

b. Other public property

c. Privately-owned property zoned nonresidential

d. Privately-owned property zoned:

i. Non-residential use in residential single family (RS) or residential multi-family (RM) districts

ii. Non-residential multi-family structures in high density multi-family (RM) districts.

iii. Residential multi-family structures in high density multi-family (RM) districts.

2. Collocation

a. Concealed collocation on an existing concealed tower or concealed base station

Not applicable

b. On a non-concealed tower or base station

3. Replacement

Replacement of existing non-concealed tower with a concealed tower

No picture available

No picture available

No picture available

4. Concealed Tower for Small Cell, DAS or Node (not macro)

a. City-owned property

Not applicable

b. Public property

c. Privately-owned property zoned nonresidential

d. Privately-owned property that is:

i. Nonresidential use in residential single-family (RS) or residential multifamily (RM) districts

ii. Nonresidential multifamily structures in high density multifamily (RM) districts

iii. Residential multifamily structures in high density multifamily (RM) districts