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Earlier editions: 2026-09

Chapter 35 — ZONING USE REGULATIONS

Belmont Municipal Code Art. II Personal Wireless Services Facilities

Belmont Municipal Code · 2026-10 edition · updated 2026-10-04 · Belmont

Cite as: Belmont Municipal Code Article II · Text as of 2026-10-04

Sec. 35-101. - Scope.

(a) This Article regulates the deployment and maintenance of personal wireless services facilities on all property except as provided in subsection (b).

(b) Except as provided in subsection (d) and in Section 22-203, this Article does not regulate the deployment or maintenance of personal wireless services facilities on city property.

(c) As used in this subsection, "city property" means city controlled and regulated improvements and fixtures in a public street right-of-way or public service easement, and real property owned or leased by the city.

(d) The city manager may establish requirements for deploying or maintaining personal wireless telecommunications facilities on city real property, including but not limited to requiring the requestor submit an application, pay an application fee, and demonstrate the proposed facility complies with some or all of the requirements of this article.

(Ord. No. 2021-1159, 11-23-21)

Exceptions & meaning →

Sec. 35-102. - Definitions.

(a) Unless the context clearly provides otherwise, the italicized terms in this section when used in this article have the meanings specified in this section.

(b) The terms followed by a hyphen are defined in the statute or regulation as may be amended following the hyphen. Citations to "47 CFR" mean Code of Federal Regulations Title 47. Citations to "47 U.S.C." mean United States Code Title 47.

(c) Terms defined.

Antenna - 47 CFR § 1.6002

Antenna equipment - 47 CFR § 1.6002

Antenna facility - 47 CFR § 1.6002

Applicant - 47 CFR § 1.6002

Base station - 47 CFR § 1.6100

Collocation - 47 CFR § 1.6002

Deployment - 47 CFR § 1.6002

Eligible facilities request - 47 U.S.C. § 1455(a)(2)

Facility orpersonal wireless services facility orWF - 47 CFR § 1.6002

Personal wireless services or PWS - 47 U.S.C. § 332(c)(7)(C)(i)

Small wireless facilities or SWF are facilities that meet each of the following conditions.

(1) The facilities -

(A) Are mounted on structures 50 feet or less in height including their antennas as defined in § 1.1320(d); or,

(B) Are mounted on structures no more than 10 percent taller than other adjacent structures; or,

(C) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(4) The facilities do not require antenna structure registration under part 17 of this chapter;

(5) The facilities are not located on Tribal lands; and,

(6) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).

Structure - 47 CFR § 1.6002

Tower - 47 CFR § 1.6100

Distributed Antenna System ("DAS") - 47 CFR § 90.219.

Equipment Cabinet means a physical container for smaller, distinct devices that are part of an Antenna Facility.

FCC means the Federal Communications Commission or successor agency.

Pre-approved Designs. Design concepts approved by city staff in advance of an application.

Preferred Designs means the combination of preferred installation type and attachment standard identified in Section 35-108.

Project means a Facility to be located in Belmont for which a permit is required by the city.

Public Right-of-Way has the meaning defined in Section 22-1 but only to the extent of the city's authority to grant a license or permit to occupy and use the street or easement for wireless communication facilities.

RF means radio frequency on the radio spectrum.

Readily Visible means perceivable by a person with normal vision and distinguishable as an Antenna or other component of an Antenna Facility.

Section 6409(a) - See Spectrum Act.

Micro wireless facility means a small personal wireless services facility that is no larger than 24 inches long, 15 inches wide, 12 inches high, and that has an exterior antenna, if any, no longer than 11 inches.

Spectrum Act means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. Section 1455(a). "Spectrum Act" or "Section 6409" may be used to refer to certain specific changes to existing facilities which if all applicable standards are met are entitled to the granting of a ministerial permit by the approval authority.

Substantially change has the same meaning as that term is used in 47 U.S.C. § 1455.

Tolling Agreement means a written agreement between the City and an applicant that suspends or pauses the timeframe that the City is required to act upon an application for an agreed upon amount of time.

Transmission Equipment means equipment that facilitates transmission of any FCC-licensed or authorized wireless communication service.

Wireless Facility means apersonal wireless services facility.

Camouflaging elements are design features and treatments such as paint, color, texture, shape, arrangement, and landscaping that minimize the visual impact of the facility by reducing the facility's visual distinctness from its surroundings. Camouflaging may be achieved by placing other objects of aesthetic interest in its vicinity and conforming the facility to the visual characteristics of the objects to minimize juxtaposition.

Concealment elements are elements of a stealth-designed facility intended to make the facility look like something other than a wireless tower or base station.

Defeat concealment means a modification that causes a reasonable person to view the structure's intended stealth design as no longer effective after the modification. Conversely, a modification does not defeat concealment if stealth design features would continue to effectively make the structure not appear to be a wireless facility.

Ordinary Vantage Point means a place that users of property customarily access for purposes other than maintenance or repair.

Screening elements are design features such as walls, shrouds, and fences that obscure a Facility from view by obstructing lines of sight from Ordinary Vantage Points to the Facility.

Stealth design means designed to look like something other than a wireless facility.

(Ord. No. 2021-1159, 11-23-21)

Exceptions & meaning →

Sec. 35-103. - Compliance.

(a) No person may deploy or maintain personal wireless facilities within the scope of this article without first obtaining approval of the entitlements required by Section 35-104 and complying with the conditions of those entitlements and the applicable requirements herein.

(b) This article applies to new Facilities and proposed modifications to existing Facilities that have not received all necessary zoning entitlements as of the effective date of this section.

(c) This article does not apply to the deployment or maintenance of Micro Wireless Facilities that are suspended, whether embedded or attached, on communication cables strung between utility poles, such that they are not Readily Visible from the ground, or indistinguishable from ordinary cables in compliance with building and safety codes.

(Ord. No. 2021-1159, 11-23-21)

Exceptions & meaning →

Sec. 35-104. - Permits and Procedure.

(a) Zoning Procedures. The entitlements in this article are zoning permits. The procedures in Belmont Zoning Ordinance (BZO) Section 10 apply to this article except as otherwise provided herein. Subsection (f) governs the approval authority for PWF and SPWF use permits and modifications, and Section 35-106 governs the findings required for approval. BZO Sections 10.7.2, 10.7.3 and 10.7.4 do not apply.

(b) Personal wireless facilities (WF) use permits.

(1) New Facility. Deployment and operation of a Facility, other than a Small Wireless Facility, on a new structure or an existing structure that does not currently support Antenna Equipment requires a WF use permit. The zoning administrator may take action on a use permit at a preferred facility location using a preferred design. BZO Section 10.7.2 does not apply to such use permits.

(2) Less Than Substantial Changes. An eligible facilities request that does not substantially change the physical dimensions of a Tower or Base Station may be added to a WF use permit with a WF modification permit.

(3) Substantial Changes. An eligible facilities request that substantially changes the physical dimensions of a Tower or Base Station requires a use permit modification which is processed the same as a new use permit for the wireless facilities.

(c) Small personal wireless facilities (SWF) permits.

(1) New Facility. Deployment and operation of a Small Wireless Facility on a new structure or an existing structure that does not currently support Antenna Equipment requires a SWF siting permit.

(2) Modifications. Modification of Small Wireless Facilities that result in Facilities that continue to meet the definition of Small Wireless Facilities requires a SWF Modification permit. Modifications that result in Facilities that no longer meet the definition of Small Wireless Facilities require a WF use or modification permit.

(d) Pre-submittal conference. Applicants for WF and SWF entitlements are strongly encouraged to schedule and attend a pre-submittal conference with City staff before submitting an application. The pre-submittal conference is intended to foster cooperative discussion between Applicants and staff, identify potentially avoidable issues and generally streamline the application review process.

(e) Applications. Applications for entitlements under this article must comply with BZO Section 10.4 and include the information and materials specified in Section 35-105 and other information the zoning administrator requires as reasonably necessary to administer this Article in accordance with law.

(f) Review Authority. The reviewing and appeal authority for WF and SWF entitlements are set forth in the following table. Entitlement determinations must be in writing and made within timeframes compliant with federal statute, FCC orders and regulations, and state law as may be extended by tolling agreements.

Application Type Location (L) Design (D) 6409 Eligibility Permit Type Review Authority Appeal Authority
SWF New or modified SWF Siting or Modification CDD CM
WF New Discouraged L or D WF CUP PC CC
WF New Preferred L and D WF ACUP ZA CC
WF Modified Eligible WF Modification CDD CM
WF Modified Not eligible same as new same as new same as new
Waiver SWF or WF standard SWF or WF standard CDD CM

CCD - Community Development Department staff, ZA - Zoning Administrator, CM - City Manager, PC - Planning Commission, CC - City Council

(g) Hearing and notice.

(1) In addition to notice and hearing requirements in BZO Section 10.7.1, Applicants for new and modified WF use permits must mail notice of the project to property owners within 150 feet of a project site. The notice must include the location of the project site, a site plan, and elevations or photo-simulations of the proposed project as presented in a complete application and any other information deemed pertinent by the zoning administrator. Neighborhood notice must be provided within 10 days of an application submittal or a modified application submittal determined or deemed complete.

(2) SWF and WF modification and siting permits and waiver determinations do not require notice or a hearing.

(h) Appeals. Review of entitlement determinations under this article are governed by BZO Section 10.11 except as provided in this section.

(1) Review by the city manager does not require a noticed public hearing and is made on the basis of the written record. Matters not raised in writing, supported by citation to facts and law, and timely submitted concurrently with the notice of appeal may not be considered. City manager decisions are final.

(2) Denials of SWF and Eligible Facilities Requests are without prejudice notwithstanding BZO Section 10.4.3.

(3) Appeals will be considered in a manner consistent with Section 1455 of United States Code Title 47, related Federal Communications Commission (FCC) "shot clock" regulations, and applicable state law permit streamlining requirements.

(i) Fees. Application review fees are not refundable notwithstanding BZO Section 10.4.4(b).

(j) Waivers.

(1) This subsection provides a procedure for an Applicant to request a waiver of a development or performance standard that is technically infeasible or that complying with would render the requirements of the standard or this article inconsistent with state or federal law.

(2) The Applicant bears the burden to timely request a waiver and demonstrate with clear and detailed evidence the facts necessary to make the finding in subsection (3).

(3) The review authority must grant the waiver if one or more of the following findings can be made:

(A) Enforcement of the existing development or performance standard is impossible due to technical infeasibility, which has been reasonably demonstrated to the decision maker by the applicant, typically by information or explanation provided by a licensed Engineer.

(B) Enforcement of the existing development or performance standard would result in the effective prohibition of wireless telecommunication services.

(C) Enforcement of the existing development or performance standard would unreasonably discriminate among providers of functionally equivalent services.

(D) The reviewing authority in consultation with the city attorney determines that enforcement of the performance or development standard under the circumstances presented in the request would be inconsistent with State or Federal law or State or Federal regulations.

(k) A "colocation facility" may be added to a "wireless telecommunications colocation facility" as those terms are defined in California Government Code Section 65850.6 with a WF modification permit if the "colocation facility" is consistent with the requirements for a WF modification permit, the requirements in this article for the Facility comprising the "wireless telecommunications colocation facility", and Government Code Section 65850.6(a)(2). In the alternative, the application must meet the requirements of and comply with the provisions of 47 U.S.C. Section 1455(a), otherwise, the addition of a "colocation facility" requires a WF use permit.

(Ord. No. 2021-1159, 11-23-21)

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Sec. 35-105. - Applications.

(a) Completeness. An entitlement application is not complete unless the Applicant has provided all information required by this section and the application form, submitted all required application materials including detailed justification for any requested waivers, concurrently submitted complete applications for all other required city permits including a building permit, and paid all applicable application fees.

(b) Compliance verification. An Application must include a sworn statement entitled "Compliance Verification" signed by the Applicant or by the Applicant's authorized agent or representative, stating that the applicant holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility. This requirement includes compliance with all conditions imposed in conjunction with such federal and state licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of the proposed Antennas, Antenna Equipment including Equipment Cabinets, and related Facilities, and engineering calculations demonstrating that the proposed Facility will comply with all applicable FCC and CPUC requirements and standards.

(c) Facility information. Applicants must submit the following information in hardcopy with an Application for all permits. Six copies are required.

(1) Map and Inventory of Proposed Sites.A map of the proposed site(s) including photographs of any existing structure proposed as part of a facility. The map must show all land uses within 300 feet of proposed facilities.

(2) Photo Simulations of Facility and Associated Equipment.Photo simulations showing the placement of the proposed Facility. The simulation must show:

(A) where each Antenna Facility is proposed to be placed,

(B) where the Antenna Equipment is proposed to be located,

(C) how the Antenna Equipment will be concealed, screened or camouflaged, and

(D) any incorporated street furniture.

(3) Drawings and Plans. A site plan, and elevations drawn to scale that identify the proposed Structure and Antenna Equipment placement for each Facility. Elevations must include all Structures on which Facilities are proposed to be located. All proposed Structures, including Antenna Equipment must be drawn to scale on the elevations, and emergency signage must be shown.

(4) Camouflage or matching methods. A description of Camouflaging Elements and methods proposed to minimize the visual impact of a non-stealth designed Facility or portions thereof and all Antenna Equipment, and colors and materials specifications.

(5) Identify all Antenna Equipment. Plans depicting all Antenna Equipment required for the Facility, including, but not limited to, emergency generators, air conditioning equipment, cables, and power sources.

(6) Noise report. A Noise Report may be required when air conditioning or cooling units and any other equipment that may emit noise that would be audible from 50 feet beyond the source is included as part of the project. The reports shall include a noise assessment, acoustical design for noise control and noise compliance certification.

(7) Radio Frequency (RF) Report, or Exemption Documentation. A Radio Frequency - Electromagnetic Energy (RF-EME) Compliance Report, prepared by a qualified electrical engineer, or documentation that the radio frequency (RF) source qualifies for an exemption from environmental assessment under 47 CFR § 1.1307(b)(3) and complies with any required mitigation actions under 47 CFR § 1.1307(b)(4). The RF-EME Report models proposed wireless facility installations to determine RF-EME exposure levels from existing and proposed wireless communications equipment at a particular site. The report summarizes the results of RF-EME modeling in relation to relevant Federal Communications Commission (FCC) Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures.

(8) Stealth Design. For stealth designs, a detailed description of the stealth concept, the concealment elements, the portions of the Facility incorporating the stealth design, and identification of any portions of the antenna equipment not incorporated in the stealth design.

(d) SWF and Eligible Facilities. In addition to the information and submissions required by subsection (c), Applications for small personal wireless facilities and Section 6409 eligibility facility requests must include:

(1) An affirmative statement that the application meets the definition of one or both of these types of facilities;

(2) Reference to specific graphics, schematics and plan pages that demonstrate compliance with standards for small personal wireless facilities or Section 6409 eligibility facilities or both, as applicable; and,

(3) Concurrent submission of a complete building permit application including fees.

(Ord. No. 2021-1159, 11-23-21)

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Sec. 35-106. - Findings for Approval.

(a) General findings. The following findings are required for approval of all Facility entitlements.

(1) The applicant has a legal right to use the subject property including any support structure.

(2) The proposed project would not violate any applicable building code, electrical code, structural code, fire code or any other law, regulation, rule or prior condition of approval based on objective factors and reasonably related to public health or safety.

(3) If Antenna Equipment is collocating on an existing structure, including a collocation on an existing Tower or Base Station, all regulatory approvals required for the initial construction and any later modifications to the existing structure were properly obtained and are currently valid.

(4) If Antenna Equipment is collocating on an existing structure that is not a Tower or Base Station, the structure as modified by the project complies with all previous conditions of approval, as may be amended.

(5) The applicant has provided either:

(A) a radio frequency (RF) report certifying that the Facility including collocated Facilities would not exceed human exposure limitations established by the FCC, or

(B) documentation that the radio frequency (RF) source qualifies for an exemption from environmental assessment under 47 CFR § 1.1307(b)(3) and complies with any required mitigation actions under 47 CFR § 1.1307(b)(4).

(6) If the facility is located on any property within an Historic District or is a Historic Resource under the California Public Resources Code that it has been designed and sited to avoid any adverse effect on the historic character of the building, structure, or site, and will not affect its eligibility for designation.

(7) The proposed project meets the performance standards identified in Section 35-110.

(8) The proposed project meets the design standards identified in Section 35-111.

(9) If the project includes a waiver or modification of height, separation, setback, landscaping or other Zoning requirements, that the proposed modification is consistent with the purposes of this article and will be the least intrusive technically feasible means of meeting the service provider's objectives.

(b) WF modification permits. The reviewing authority must issue a personal wireless facility modification permit for a project if the reviewing authority makes the findings in subsection (a) and the following findings.

(1) The project does not substantially change the physical dimensions of the existing tower or base station within the meaning of 47 U.S.C. Section 1455.

(2) The project complies with all conditions of approval for the existing Tower or Base Station and related Antenna Equipment except to the extent compliance is preempted by federal or state law and the project cannot reasonably be modified to achieve a higher degree of compliance with the conditions.

(c) WF use permits. The reviewing authority must issue a personal wireless facility use permit for a project if it makes the findings in subsection (a) and the following findings.

(1) If the Applicant proposes a new Tower or to extend the height of an existing Tower, it is technically infeasible to utilize an existing Tower, Base Station, or other structure owned or leased by the Applicant that could reasonably accommodate the Applicant's proposed antenna in a manner less detrimental to health, safety, or aesthetics. For purposes of this paragraph, a Tower, Base Station, or structure is considered owned or leased by the applicant if the Applicant current owns or leases the structure, holds an option to purchase or lease it, or can purchase or lease it with reasonable effort and at economically reasonable cost.

(2) If the proposed facility will be located in any residential district, the Applicant has provided substantial evidence unrebutted by more persuasive evidence that the location is necessary for the provision of personal wireless services within the City and locating the facility outside of a residential district is technically infeasible.

(3) If the deployment is unsightly or out of character with its surrounds, the Applicant has provided substantial evidence unrebutted by more persuasive evidence that:

(A) the deployment is the only reasonable means of accomplishing the Applicant's coverage objectives based on a demonstrated lack of technically feasible alternative locations and methodologies that are less impactful; and

(B) all technically feasible methods that will result in practical reduction of the aesthetic impacts of the Facility are included in the project.

(4) Notice has been provided in accordance with BZO Section 10.7.1, as applicable.

(5) The permit conditions -

(A) identify any screening elements necessary to fully obscure all Antenna Equipment from view,

(B) require the facility to maintain those particular details and features in order to minimize the facility's visual impact, and,

(C) require all reasonable efforts to extend or maintain such features to fully obscure any future modifications.

(d) SWF siting permits. The reviewing authority must issue a small personal wireless facility siting permit if it makes the findings in subsection (a) and the following findings.

(1) The proposed facilities are small wireless facilities.

(2) If the deployment is unsightly or out of character with its surrounds, the Applicant has provided substantial evidence unrebutted by more persuasive evidence that:

(A) the deployment is the only reasonable means of accomplishing the Applicant's coverage objectives based on a demonstrated lack of technically feasible alternative locations and methodologies that are less impactful; and,

(B) all technically feasible methods that will reasonably enhance the appearance of the facility or reasonably reduce the visual impact of the overall facility, have been incorporated.

(Ord. No. 2021-1159, 11-23-21)

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Sec. 35-107. - Preferred & Discouraged Locations.

(a) The following Table identifies preferred and discouraged locations for WF and SWF and ranks them in order from the top (most preferred/discouraged) to bottom (less preferred/discouraged).

Preferred Locations Discouraged Locations
(1) Public Facility & Public Space (PS) Zoned Properties (2) Commercial Districts/Uses (3) Mixed-Use Districts (4) Multi-Family Residential Private Property (1) Historic Districts & Buildings (2) Single-Family Residential Private Property (3) Open Space or Conservation Easements (4) Public Right-of-Way (WF only) 1

1 Facility installations in the public right-of-way are governed by BCC Chapter 22, Article 8.

(b) To the extent feasible, Applicants should locate new Facilities and substantial changes to Existing Facilities on sites with the greatest preferred ranking feasible and should avoid proposing new Facilities or modifications to existing facilities on sites in discouraged locations. If a project cannot feasibly be located on a non-discouraged location, then to the extent feasible the project should be located on the least discouraged location.

(Ord. No. 2021-1159, 11-23-21)

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Sec. 35-108. - Preferred Designs.

The following table identifies preferred installation and attachment methods for WF and SWF and ranks them. For each preferred installation method, the table ranks the preferred attachment standard when more than one preferred standard is provided. Rankings are in order from the top (most preferred) to bottom (less preferred). The combination of preferred installation type and attachment standard are preferred designs.

Table 35-108 Preferred Designs

Facility Type Preferred Installation Preferred Attachment Standard
WF
(1) Building mounted WF (a) Stealth design antennas and equipment hidden within the building or a faux structure (b) Rooftop-mounted antennas not Readily Visible from an Ordinary Vantage Point with an elevation at or below the highest point of the Antenna Facility (c) Façade mounted Antennas with camouflaged or matching features designed to minimize visual impact
(2) Utility pole PWF 1 (a) Pre-approved design (b) Preferred design standards.
(3) Freestanding tower WF Stealth design antennas and equipment hidden within a faux structure
SWF
(1) Building mounted WF Stealth design antennas and equipment concealed within the building or a faux structure
(2) Existing city light poles 1 (a) Pre-approved design (b) Consistent with PWD preferred design standards
(3) Utility pole PWF 1 (a) Pre-approved design (b) Consistent with PWD preferred design standards
(4) Building mounted WF Façade mounted Antennas with camouflaged or matching features designed to minimize visual impact
(5) Decorative Light Pole 1 Public Works Director standards.

1 Facility installations in the public right-of-way are governed by BCC Chapter 22, Article 8.

(Ord. No. 2021-1159, 11-23-21)

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Sec. 35-109. - Setbacks, height, and encroachment.

(a) Setbacks.

(1) In general. Facilities must be compliant with all setback requirements of the primary building applicable in the subject land use district, except as otherwise provided in this section.

(2) Stealth Designed Facilities. Stealth designed facilities that are completely concealed and architecturally integrated to mimic architectural features such as cornices, canopies and eaves on buildings or landscape and plaza features such as gazebos, pergolas, art sculptures, may encroach into required setbacks to the same extent as such features are allowed in the zoning regulations governing the feature. Stealth designed facilities made to appear as trees may encroach into required setbacks to the same extent as landscape or plaza features. Encroachments into any required yard are limited to no more than 30 inches.

(b) Facilities within Flag Poles. Stealth designed facilities that are completely concealed within flag poles are subject to the standards in the following Table.

Table 35-109(a)(3) Development Standards for Flag Pole Facilities

Flag Pole Development Standard
Location Commercial, mixed use, and public facility zoning districts.
Number One per lot.
Setbacks May not be located within required side or rear yard setbacks.
Height May not exceed 30 feet or the distance from the base of the pole to the closest lot line plus 2 feet, whichever is less.
Width Pole diameter must be the minimum required for enclosure of the facilities and may not exceed 18 inches.
Support Structures No additional supporting hardware beyond the pole itself.
Maximum Flag Area The maximum total flag area on a lot is 48 square feet per side.

(c) Heights. Except as provided in the following Table and as permitted under Section 6409, facilities must not exceed the applicable height limit for structures in the applicable zoning district.

Table 35-109(c) - Height Standard Exceptions (Buildings & Towers)

Facility Type Location Height Standard
Stealth designed antennas and equipment hidden within a structure or faux structure on the building facade, including belly bands, cornices, eaves, balconies, braces, brackets, quoins, parapet walls, and similar features. All Locations May not exceed the height of the building roof, and the height limit of the zoning district.
Building rooftop-mounted antennas and equipment when fully obscured and not Readily Visible from an Ordinary Vantage Point with an elevation at or below the highest point of the Antenna Facility, due to the Facility's low height and setback from the roofline. Preferred Locations May exceed maximum permitted height standards by 15 feet.
Stealth designed antennas and equipment hidden within building roof structures or appurtenances that are designed to mimic the support structure's original architecture and proportions, including cupolas, steeples, roof screens, chimneys and water tanks. Preferred Locations May exceed maximum permitted height standards by 8 feet.
New stealth designed tower Preferred Locations 50 feet maximum
New stealth designed tower Discouraged Locations 30 feet maximum

(d) Encroachment. Building-mounted stealth designed facilities incorporated into architectural features such as awnings, canopies, projecting signs, and marquees may encroach into the public right-of-way to the same extent as the architectural feature or sign structure may encroach from private property into a public right-of-way under zoning and right-of-way regulations. All other facilities may not encroach. A separate sign permit is required for sign structures incorporating facilities.

(Ord. No. 2021-1159, 11-23-21)

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Sec. 35-110. - Performance Standards.

(a) General Performance Standards. The general performance standards in this section apply to all personal wireless services facility projects. Failure to comply with these standards constitutes grounds under BZO 10.9 to revoke the related zoning permit(s) required by this section and required removal of the Facility at the owner's expense.

(b) State or Federal Requirements. All Facilities, must meet or exceed current standards and regulations of the FCC, the Federal Aviation Administration (FAA), and any other agency of the State or Federal government with the authority to regulate wireless facilities. If these standards and regulations are changed, then the operators of the wireless facilities must bring the facilities into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by law.

(c) Building Codes and Safety Standards. All Facilities including any support structures must be constructed and maintained in compliance with all applicable building codes and safety standards, and at all times must be kept in a safe and structurally sound condition.

(d) Radio Frequency Emissions Standards. Radio frequency emissions from a proposed permitted Facility, and in aggregate from the operation of the permitted facility and other existing and proposed Facilities must comply with FCC exposure limits, and FCC regulations governing actions necessary to bring emissions into compliance if exposure limits are exceeded in operation.

(e) Operation and Maintenance Standards. All Facilities must be maintained in good working condition and appearance, free from trash, debris, litter, and graffiti and other forms of vandalism. Finishes must be refreshed or replaced periodically and landscaping must be watered, pruned and replaced as necessary to maintain appearance. Any damage from any cause must be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. Graffiti must be removed from any Facility as soon as reasonably possible.

(f) Safety & Security. All Facilities must install and maintain the following security measures:

(1) An on-site emergency "disconnect" to de-energize all radio frequency circuits and components of each permitted Facility in order to protect emergency response personnel. For co-locating Facilities, a single "disconnect switch" must be installed that will de-energize all Facilities located on the same pole at the Facility in the event of an emergency.

(2) Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with nuisance regulations and must not interfere with City emergency services or transmissions.

(g) Noise. All Facilities must comply with the noise regulations and standards in BCC Chapter 15, Article 8 and Section 7 of the General Plan and the following: In residential areas, except for emergency repairs, testing and maintenance activities that will be audible beyond the property line must only occur between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays.

(h) Lights. Unless otherwise required by FAA or FCC regulations, Applicants may install only timed or motion-sensitive light controllers and lights. All lights must be installed and operated to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an Applicant from the foregoing requirement when the Applicant demonstrates a substantial public safety need. All aircraft warning lighting must use lighting enclosures that avoid illumination impacts to adjacent properties in the City to the maximum extent feasible.

(Ord. No. 2021-1159, 11-23-21)

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Sec. 35-111. - Design Standards.

(a) General Design Standard. Except as otherwise provided, Antenna Facilities must comply with the following general design standards.

(1) Stealth Design. Stealth design must be incorporated to the extent feasible that will result in practical reduction of visual impact. Where it is infeasible for portions of the Facility to incorporate stealth design, the remaining portions must incorporate stealth design to the extent feasible and will reasonably enhance the appearance of the Facility or reasonably reduce visual impact of the overall Facility including any collocated Antenna Facilities.

(2) Screened Design. Any portion of an Antenna Facility and its dedicated support structure that cannot feasibly incorporate stealth design must incorporate to the greatest extent practical screening elements to fully obscure any portion of the facility Readily Visible from an Ordinary Vantage Point with an elevation at or below the highest point of the Antenna Facility.

(3) Camouflage Design. Any portions of an Antenna Facility and its dedicated support structure that cannot feasibly incorporate stealth design and cannot practically be screened must incorporate camouflaging elements to obscure to the extent practical the Antenna Facility and its dedicated support structure. For example, components of a Facility that will be primarily viewed against soils, trees or grasslands should be painted colors matching these landscapes while elements which rise above the horizon should be painted a blue gray that matches the typical sky color at that location. The appropriate camouflaging elements are determined by the context of the particular site. Because camouflaging elements are intended to blend the Facility with its surroundings, camouflaging elements must be modified to conform to the extent practical with changes in the surroundings.

(b) Screening for Particular Installations.

(1) Roof-Mounted Antenna Facilities. Use permits for roof-mounted Antenna Facilities and their dedicated support structures that are non-stealth design and are fully obscured from all Ordinary Vantage Points due the facility's low height and setback must include a condition of approval requiring the facility to the greatest extent practical remain not Readily Visible from an Ordinary Vantage Point with an elevation at or below the highest point of the Antenna Facility, including incorporating screening elements.

(2) Façade-Mounted Antenna Facilities. Façade-mounted Antenna Facilities that are not stealth design must be screened as flush to the façade as practical. "Pop-out" screen boxes may be used if the design is architecturally consistent with the original support structure.

(3) Pole-Mounted Antennas. Pole-mounted Antenna Facilities, including cables and mountings, that are not stealth design must be top-mounted and screened by flush-mounted compact radomes, cantenna, or other screening method to the extent technically infeasible. GPS Antennas must be screened by the radome or directly above the radome not to exceed six inches.

(c) Meters. Facilities should be connected to a PG&E smart meter. To the extent technically feasible, Small Wireless Facilities must be metered by wireless meters as necessary to avoid aesthetic impacts from installation of additional visible equipment, cabinets, or enclosures.

(d) Placement. Facilities must be located outside of driveway and intersection sight lines. Where feasible, visible ground-mounted Facility components and their dedicated enclosures and pole-mounted Facilities must be located as close as feasible to shared property lines between two adjacent lots and not directly in front of residences and businesses.

(e) Ground-Mounted Antenna Equipment.

(1) Outdoor, ground-mounted Antenna Equipment is disfavored and must be avoided to the extent technically feasible unless battery back-up would be impeded.

(2) When Antenna Equipment cannot feasibly be placed elsewhere, the equipment may be ground-mounted if it otherwise complies with the general design standards in this section and the equipment does not obstruct pedestrian or vehicular traffic. Whenever practical, landscaping should be used to screen ground-mounted equipment.

(f) Signage & Advertisements. An Applicant may not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted Facility unless required by state or federal law or authorized by a sign permit as part of a stealth design incorporating a sign structure. Flashing lights and large, repetitive warning stickers that are not required by law or regulation are prohibited. Warning stickers may not be placed at pedestrian level unless required by the FCC or other regulatory agencies.

(i) Fencing or Enclosures. Any fencing or enclosures proposed in connection with a Facility must blend with the natural or manmade colors and materials of its surroundings. Additional landscape features may be required to screen or camouflage fences. Barbed wire, razor ribbon, electrified fences and similar measures for securing a Facility are not permitted, except when the applicant demonstrates to the approval authority that the need for such measures significantly outweighs the potential danger or impact to the public.

(j) Landscaping. The approval authority may require landscaping as part of a Facility as necessary to reasonably mitigate project impacts, including:

(1) Screening or camouflaging a Facility to reduce the Facility's visual impact;

(2) Preserving existing on-site and associated access way vegetation and trees to the extent feasible at all times before, during, and after construction; and,

(3) Mitigating disturbance of the existing topography.

(k) Collocation. Applicants must design their Facilities to accommodate future collocated Facilities to the extent technically and structurally feasible.

(Ord. No. 2021-1159, 11-23-21)

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Sec. 35-112. - Pre-Approved Designs.

The city manager may determine and from time to time adopt and amend pre-approved designs for Facilities or portions of Facilities. The pre-approved designs must implement the general principals articulated in this article and may include specific standards for particular wireless facilities or site locations that vary from specific standards in this Article, but may not unreasonably discriminate between functionally equivalent service providers. Applicants are encouraged to, but not required to utilize pre-approved design concepts.

(Ord. No. 2021-1159, 11-23-21)

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