§ 22.5. Wireless Telecommunications Regulations.
A.
Basic Requirements. The following regulations shall apply to all wireless telecommunications facilities in all zones, unless otherwise stated.
1.
Setbacks:
a.
A freestanding wireless telecommunications facility shall be set back a minimum of 85 feet from any property line or at a one to one ratio (one foot of setback for every foot of tower height from the property lines of the premises), whichever is greater, from any property zoned A-1, A-2, R-1, R-2, or M-H.
b.
New freestanding wireless telecommunications facilities in electric substations shall be exempt from the one to one setback requirement if they are no taller than the existing utility poles in the substation.
c.
Except as stated in (a) and (b) above, setbacks shall conform to the setback requirements of the zone in which the wireless telecommunications facility is located.
2.
Lighting and Signage:
a.
Only security lighting or lighting required by a state or federal agency is allowed, provided:
(1)
The location of the lighting fixture together with its cut-off angle shall be such that it does not shine directly on any public right-of-way or any residential premises.
(2)
The lighting shall not have an off-site luminance greater than 1,000 footlamberts; it shall not have an off-site luminance greater than 200 footlamberts measured from any property zoned A-1, A-2, R-1, R-2, or M-H.
b.
The only signage permitted is that required by state or federal law.
3.
Telecommunications Equipment Building or Cabinet shall:
a.
Not contain more than 350 square feet of gross floor area per service provider and shall not be more than ten feet in height.
b.
Maintain the minimum setback and screening requirements of the zone in which it is located or as otherwise defined in this section.
4.
Abandonment: All wireless telecommunications facilities that are not in use for six consecutive months shall be removed by the wireless telecommunications facility owner. This removal shall be completed within three months after the end of such six-month period. Upon removal, the site shall be revegetated to blend with the existing surrounding vegetation.
5.
Collocation: No new free-standing wireless telecommunications facility shall be permitted unless the Zoning, Building and Planning Director or his/her designee determines, upon the applicant's demonstration, that no existing tower, structure or public utility structure located within ¼ mile of the proposed site can be used in lieu of new construction to accommodate the applicant's proposed telecommunications facility. The applicant shall submit documentation to demonstrate that:
a.
No existing tower, structure, or public utility structure is located within the ¼ mile radius that meets the applicant's engineering requirements; or
b.
No existing tower, structure, or public utility structure is located within the ¼ mile radius which has sufficient structural strength or space available to support the applicant's proposed telecommunications facility and related equipment; or
c.
The applicant's proposed telecommunications facility would cause significant, unavoidable electromagnetic interference with the antenna(s) on the existing towers, structures or public utility structures, or the antenna(s) on the existing towers, structures or public utility structures would cause interference with the applicant's proposed telecommunications facility; or
d.
The owners of existing towers, structures, or public utility structures within the ¼ mile radius will not allow the applicant to place its telecommunications facility thereon, or such owners are requiring payments for the use of their tower that substantially exceed commercially reasonable rates.
6.
Interference: Every wireless telecommunications facility shall meet the regulations of the Federal Communications Commission regarding physical and electromagnetic interference.
7.
Health Issues: Every wireless telecommunications facility shall meet health and safety standards for electromagnetic field emissions as established by the Federal Communications Commission and any other federal or state agency.
8.
View Corridors: Only concealed wireless telecommunications facilities or wireless telecommunications facilities, the antennas of which are all located on existing vertical structures, are allowed within 1/8 mile from the outer edge of the right-of-way of any flood control arroyo designated by the County of Bernalillo, City of Albuquerque, or Albuquerque Metropolitan Arroyo Flood Control Authority and identified as part of an existing or future trail system by the County or City, or the following streets: Alameda Boulevard, Griegos Road, Coors Boulevard, Central Avenue, Unser Boulevard, Paseo del Norte, Rio Grande Boulevard, Tramway Boulevard, Interstate 25, Interstate 40, Old US Highway 66 (New Mexico 333), New Mexico 14, New Mexico 337 (Highway 14 South), New Mexico 217, Mountain Valley Road, Frost Road, Sandia Crest Road (New Mexico 536), Vallecitos Road and Gutierrez Canyon Road. All other wireless telecommunications facilities are prohibited within 1/8 mile of the outer edges of the right-of-way of the aforementioned view corridors.
9.
Historic Districts: Only concealed wireless telecommunications facilities are allowed within districts listed in the State Register of Cultural Properties or the National Register of Historic Places, or within 1/8 mile of any historic routes listed in the State or National Registers.
10.
Application requirements: In addition to information already required by the Zoning Ordinance, each applicant for a wireless telecommunications facility shall provide the Zoning, Building and Planning Department with the following:
a.
The zone map(s) specific to the application-site, from the County's Zone Atlas, drawn to scale, showing land uses and zoning designations, including those within the City of Albuquerque or other jurisdictions.
b.
Documentation regarding collocation as described in section 22.5.A.5. of this ordinance.
c.
A set of plans which, in addition to other requirements in this Ordinance, includes:
(1)
A scaled site development plan clearly indicating the location, type, color and height of any proposed wireless telecommunications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other jurisdictions), Comprehensive Plan classification of the site, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of any wireless telecommunications facility, topography, and parking layout;
(2)
A notarized statement from the applicant that describes the facility's capacity and declares the number and type(s) of antenna(s) that it can accommodate, or an explanation of why the facility cannot be designed to accommodate other users;
(3)
An engineer's stamp and registration number;
(4)
The separation distance between any tower and other telecommunications facilities and identification of the owner(s) of those facilities; and
(5)
Any other information as requested by the county needed to evaluate the application;
d.
A letter of intent committing the wireless telecommunication facility owner and its successors to allow shared use of the facility if an additional user agrees in writing to meet reasonable terms and conditions of shared use.
e.
In addition, the first application for a permit by a wireless telecommunications provider after adoption of this ordinance shall include an inventory of the applicant's existing wireless telecommunications facilities or approved sites for such facilities within the unincorporated portion of Bernalillo County or within one thousand feet of the border of the unincorporated area.
11.
Criteria for Concealed Wireless Telecommunications Facilities. Concealed wireless telecommunications facilities must be:
a.
Architecturally integrated with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape.
b.
Located to avoid a dominant silhouette of a wireless telecommunications facility on escarpments and mesas, and to preserve view corridors.
c.
Located on existing vertical infrastructure, such as utility poles or public utility structures, if possible.
d.
Located in areas where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.
12.
Landscaping and Screening: The following regulations shall apply to landscaping and screening:
a.
Freestanding wireless telecommunications facilities shall be surrounded by a six-foot high fence or wall, which shall be solid if facing or abutting a lot zoned A-1, A-2, R-1, R-2, or M-H. Chain link with slats shall not constitute a solid fence.
b.
Any free-standing wireless telecommunications facility facing or abutting a property used for residential purposes shall include landscaping along the outside of the required fence or wall that is planted and maintained according to a Landscaping Plan approved by the Zoning, Building and Planning Director or his/her designee. Such landscaping shall meet the intent of the Landscaping and Buffer Landscaping Regulations Section of this ordinance. The Zoning, Building and Planning Director may waive this requirement if the freestanding wireless telecommunications facility is not readily visible from surrounding properties or rights of way and it is determined that providing the required landscaping is not necessary to meet the intent of this ordinance.
c.
Concealed wireless telecommunications facilities are not subject to the landscaping and screening requirements of this section.
13.
Horizontal Separation of Free-standing Wireless Telecommunications Facilities: Free-standing wireless telecommunications facilities shall be separated by at least 1,000 feet.
B.
Exclusions. Every wireless telecommunications facility located within the county, whether upon private or public lands, shall be subject to the provisions of this ordinance. The following facilities, however, shall be exempted from the regulations for wireless telecommunications facilities:
1.
Amateur radio stations if owned and operated by a federally licensed amateur radio station operator;
2.
Receive-only antennas if used exclusively as a receive-only facility;
3.
Any existing tower and antenna provided a building permit was issued for the tower or antenna prior to adoption of this ordinance;
4.
Wireless telecommunications facilities used exclusively for emergency services including sheriff, police, fire, EMS, and operation of a water utility system; and
5.
Any antennas used for AM, FM or TV broadcasting, which are regulated under the Special Use Section of this ordinance.
C.
Variances. Variances may be granted from the requirements of these regulations by the Zoning Administrator, following the procedures in the administration section of this ordinance.
1.
Any such variance shall be based on the following criteria:
a.
It is in the best interest of the community as a whole;
b.
It will expedite the approval of an antenna, tower, or tower alternative;
c.
It will not jeopardize public health, safety and welfare;
d.
It will either ameliorate the adverse impacts of antenna and tower proliferation or the adverse impact of requiring new construction of towers or antennas; and
e.
It will better serve the purposes of this ordinance.
2.
The facts to be considered by the Zoning Administrator in reviewing an application for such a variance shall include:
a.
The height of the proposed tower;
b.
The proximity of the tower or antenna to residential structures and residential district boundaries;
c.
The nature of uses on adjacent and nearby properties;
d.
The surrounding topography;
e.
The surrounding vegetation and foliage;
f.
The design of the tower or antenna, with particular reference to design characteristics intended to reduce or eliminate the tower's or antenna's visibility;
g.
The proposed ingress and egress;
h.
The availability of suitable existing towers or other structures; and
i.
Such other factors as may be relevant.
(Ord. No. 99-6, § 1, 5-11-99; Ord. No. 04-1, § 1, 1-13-04)