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camouflaged facilities. This segment of the Iron Horse Trail is primarily bordered <br /> by property zoned Industrial but there is no underlying zoning designation for the <br /> property. The ordinance clarifies that future wireless facilities may be placed in <br /> this segment of the Iron Horse Trail so long as the facilities are either concealed <br /> or camouflaged. If a facility is concealed, then the antennas and accessory <br /> equipment may be placed anywhere on the property without regard to separation <br /> from other uses. If a facility is camouflaged, it may not be located within three <br /> hundred feet of any existing dwelling units (but not accessory structures, <br /> detached garages, sheds, poolhouses, etc). <br /> d. Water Tank Sites <br /> As discussed above, subject to certain requirements, wireless facilities will be <br /> permitted in the C, 0, I, M-U, A, P, and P&I zoning districts. Wireless facilities <br /> will be prohibited in all other zoning districts within the City unless the facility is <br /> located on a parcel or adjacent to a parcel with a City water tank. Carriers are <br /> encouraged to conceal those facilities but are, at a minimum, required to <br /> camouflage the facility. Moreover, facilities must be located within 200 feet of a <br /> City water tank and at least 200 feet away from any existing dwelling unit. <br /> Opening up water tank sites as possible locations for carriers has many benefits. <br /> First, it may provide a means for a carrier to close a significant gap in coverage in <br /> sections of town that do not contain any of the allowed zoning districts. Second, <br /> as a landlord, the City would receive lease revenue from the carrier. Third and <br /> most significant, as the landlord, the City has an additional means of control <br /> regarding the aesthetics of the proposed facility as well as any proposed <br /> modifications or expansions of the facility. This is particularly important as <br /> federal law continues to evolve in a manner that strips control from state and <br /> local government. As an example, the Middle Class Relief and Job Creation Act <br /> of 2012 is a federal law that provides that a state or local government "may not <br /> deny, and shall approve, any request for collocation, removal, or replacement of <br /> transmission equipment on an existing wireless tower or base station, provided <br /> this action does not substantially change the physical dimensions of the tower or <br /> base station." (Emphasis added.) <br /> e. Exception to Locational Requirements to Meet State or Federal Law <br /> While the proposed amendments to the Locational Requirements should provide <br /> carriers with a means of being able to close significant gaps in coverage, there is <br /> a possibility that a carrier may not be able to do so. In the event a carrier can <br /> demonstrate that it needs to locate a facility in a location that would not be <br /> allowed under the Locational Standards, the City has the ability to review a <br /> carrier's application for another location. To that end, section 18.110.050(A)(6) <br /> of the proposed ordinance states: "Exception Required to Meet State or Federal <br /> Law: The decision-making body may grant an exception to any requirement of <br /> this ordinance, including the Locational Priorities in this section, if the applicant <br /> can show that strict compliance with the code would violate federal or state law. <br /> Page 8 of 10 <br />