Chapter 14.56 — WIRELESS COMMUNICATIONS[[3]]

Footnotes:

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Editor's note— This chapter was inadvertently published prematurely, beginning with the March 2002 Supplement, prior to the date of enactment, July 14, 2003.

The purposes of this chapter are: (a) to provide regulations, standards, and design criteria for wireless communication facilities to facilitate a comprehensive system of wireless communications within the city; (b) to promote the general welfare and public interests of the community; (c) to promote public safety; (d) to ensure consistency with the local coastal plan and general plan policies; and, (e) to further the goals of land use and aesthetic compatibility between these uses and other uses in the city. Specifically, these standards are adopted to promote the following objectives:

A.

Ensure that the city is appropriately developed with land use intensities and compatible urban and rural land use patterns that promote the general welfare and public interest of the community.

B.

Preserve the "small town" character in all physical features of the city.

C.

Protect against visual impacts in order to preserve the area's unique coastal resources:

D.

Implement general plan policies that encourage the preservation and enhancement of the unique character and assets of the city.

E.

Allow for development of wireless communications facilities located and designed to provide adequate reception in the city considering its unique size and environmental constraints, and to avoid the creation or maintenance of areas of the city in which acceptable wireless communications services cannot be provided.

F.

To treat wireless communications service providers equally and without regard to the technology upon which they rely.

(Ord. 572 § 1 (part), 2001)

The provisions of this chapter shall apply to all wireless communication facilities proposed to be located, expanded or modified within the city. This section shall also apply to utility rights-of-way but is not intended to apply to any activity as to which local regulation is preempted by federal or state law. This section shall not apply to antennas erected for the use of amateur radio station operators.

(Ord. 572 § 1 (part), 2001)

Prior to the issuance of any permit for development of wireless communications facilities on any property within the city, a conditional use permit application shall be submitted, processed, and approved as provided in Chapter 14.62 (Conditional Use Permits).

(Ord. 572 § 1 (part), 2001)

Applications for the development of a wireless communication facility shall conform to the most current version of the application submittal requirements as supplied by the community development department on a form acceptable to the community development director. As deemed necessary by the community development director, the city may hire, at the applicant's expense, a consultant radio frequency engineer or a person of similar expertise, to review the application,

(Ord. 572 § 1 (part), 2001)

All new wireless communication facilities shall comply with the following location and separation requirements:

A.

Wireless communication facilities may be located on otherwise vacant, undeveloped or unused parcels only upon the following showings: (a) that there is no other location at which the project can provide the service for which the application is submitted; (b) that the proposed development is sited and developed to facilitate other productive use of the site; and, (c) that the wireless communications facilities are appropriately screened from view from off-site and aesthetically integrated with neighboring uses.

B.

Wireless communications providers are encouraged to construct and site their wireless communication facilities in anticipation of colocation of similar facilities on the same site. Except where such co-location is approved, a new wireless communication facility shall be located a minimum distance of one thousand three hundred twenty feet (one-quarter mile) from the closest parcel developed with a wireless communication facility. This separation standard applies to those facilities located within as well as outside the city's boundaries. This separation standard may be relaxed pursuant to conditional use permit approval if necessary to accomplish the fifth purpose identified in Section 14.56.010 of this chapter.

C.

The location of wireless communication facilities within residential, community facility and recreation zone districts is discouraged due to the city's small size, its level topography and the many opportunities to locate such facilities within the commercial, industrial and utility zone districts with lesser aesthetic and land use compatibility impacts. An applicant may locate a wireless communication facility in a residential, community facility and recreation zone district upon a showing that the area to be served would otherwise not be served and that all of the findings for approval required by Section 14.56.090 of this chapter can be made.

(Ord. 572 § 1 (part), 2001)

Each applicant for a permit to install and maintain a wireless communications facility shall demonstrate that the facility is designed to promote co-location of other facilities on the site and that there are no contractual or other barriers to such colocation.

(Ord. 572 § 1 (part), 2001)

All wireless communication facilities shall be designed to relate harmoniously in terms of size, scale and form to existing developments on site and with existing and proposed surrounding developments. The following development criteria shall apply to all wireless communications facility projects:

A.

All wireless communication facilities shall satisfy the required building setbacks, lot coverage, located on existing structures, unless otherwise permitted pursuant to Section 14.56.050(A) of this chapter. The addition of new architectural features to an existing building to conceal antennae shall not negatively affect the architectural design of the building or how the building blends with surrounding development.

C.

Building mounted facilities shall architecturally blend with the structure to which they are attached to avoid the appearance of a wireless facility. Colors, textures and materials shall be consistent with those utilized on existing structures.

D.

On monopole or lattice towers, new wireless facilities shall avoid any increase in the tower's size and height. Monopole or lattice towers may be increased to the maximum permitted height if the findings required by Section 14.56.090 of this chapter can be made.

E.

All mechanical equipment associated with the operation of wireless communication facilities shall be located within or concealed by the structure to which the facility is attached. No exposed conduit, wire, cables or similar appurtenances shall be permitted. Other than new monopole facilities in conformance with

Section 14.56.050(A), all mechanical equipment for the wireless facilities shall be located within or concealed by the structure on which the facility is located.

F.

The development of wireless communications facilities shall minimize the removal of landscaping and shall not result in the removal of mature trees, shrubs or other landscaping determined to be a significant environmental or aesthetic resource, including, but not limited to natural habitat. A landscape plan shall also be required to further enhance landscaping on the parcel if necessary for screening or aesthetic purposes.

G.

Except as otherwise provided in Section 14.56.050(C), in order to protect the public's health, safety and welfare due to the potential failure of towers, a minimum setback of two hundred percent of the height of a tower shall be applied to any wireless facility located in proximity to any property zoned or used for residential or community facilities.

(Ord. 572 § 1 (part), 2001)

Wireless communication facilities may deviate from the standards herein when:

A.

A development standard herein allows for an exception and the planning commission and city council approves such an exception; or

B.

A variance has been approved pursuant to Chapter 14.70 of the Carpinteria Municipal Code.

(Ord. 572 § 1 (part), 2001)

In addition to the findings identified within Chapter 14.62 of the Carpinteria Municipal Code (Conditional Use Permits), in order to approve an application to develop a wireless communications facility, the planning

commission shall also find that:

A.

The proposed wireless communications facility will be compatible with existing and surrounding developments in terms of land use and aesthetics;

B.

The proposed wireless communications facility complies with the intent of this chapter and other applicable city policies;

C.

The proposed wireless communications facility is designed to minimize its visibility from points off-site, to be obscured from view within protected view corridors, and complies with the development criteria identified within Section 14.56.070 of this chapter; and

D.

The applicant has demonstrated that the wireless communications facility will be operated within the allowed frequency range permitted by the FCC and complies with all other applicable health and safety standards.

(Ord. 572 § 1 (part), 2001)

A wireless communication facility permitted under this chapter that has not operated for twelve consecutive months shall be considered abandoned, and the owner shall remove such facility at the owner's expense within ninety days of notice from the community development director. If the wireless communication facility is not removed within the ninety days, the city may remove the facility at the owner's expense or may avail itself of any other remedy available at law.

(Ord. 572 § 1 (part), 2001)

Wireless communication facilities that exist on the date of adoption of this chapter and that do not comply with its requirements are subject to the following standards:

A.

A nonconforming facility may continue in use, but shall not be expanded, altered or modified other than as necessary for routine maintenance and repair unless brought into compliance with the provisions of this chapter.

B.

A nonconforming facility that is damaged or destroyed may be repaired or rebuilt when the cost of such repair or rebuilding does not exceed fifty percent of the value of the existing facility. If the cost of repairing the damage exceeds fifty percent of the facility's value, said facility shall be brought into compliance with this chapter. The valuation of the facility shall be determined through the independent review of a certified appraiser. A facility that was damaged by less than fifty percent of its value shall be rebuilt in the same location as the original facility and the physical dimensions of the rebuilt facility shall be no greater than those of the original facility. Building codes in effect at the time of repair or rebuilding shall apply unless a variance is issued under Chapter 14.70 of the Carpinteria Municipal Code.

(Ord. 572 § 1 (part), 2001)

Within sixty days of commencement of operations of a wireless communications facility permitted under this chapter and annually thereafter, the operator of such facility shall provide evidence satisfactory to the community development director that the operation of the facility is in compliance with then-current standards established by the FCC with respect to safe human exposure to electromagnetic fields and radio frequency radiation.

(Ord. 572 § 1 (part), 2001)

Any wireless communications facility located on a parcel where transient or permanent residency is permitted, medical services are provided, public or private schools, churches or public gathering places with occupancy greater than ten persons, shall post conspicuously a notice that states that a wireless

communications facility is being operated on the premises and that the facility is being operated in compliance with the applicable FCC regulations.

(Ord. 572 § 1 (part), 2001)

In addition to any other remedy available at law, violation of any provision of this chapter is subject to Chapter 1.06 (Administrative Remedies) and Chapter 1.08 (Penalties) of the Carpinteria Municipal Code.

(Ord. 572 § 1 (part), 2001)

As used in this chapter, the following terms and phrases have the meanings set forth below:

"Amateur radio station" means an antenna operated by a person holding a written authorization from the FCC to be the control operator of an amateur station.

"Antenna" means a transmitting or receiving device that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, and wireless communication signals.

"Building mounted" means antennas that are located and/or mounted on an existing building or within its wall(s).

"Co-location" means the locating of wireless communication facilities by more than one provider on a single parcel.

"Equipment building, shelter or cabinet" means a cabinet, building, or vault used to house equipment that supports a wireless communications facility.

"FCC" means the Federal Communications Commission.

"Lattice tower" means a multi-sided, open, metal frame tower.

"Monopole" means a wireless communication facility that consists of a single-pole structure erected on the ground to support antenna and appurtenances.

"Tower" means a structure taller than its diameter and tall relative to its surroundings, freestanding or attached to another structure, of skeleton framework (lattice) or enclosed, that supports one or more antennae for wireless communications.

"Vault" means an underground area or room used to house equipment for the operation of a wireless communications facility.

"Wireless communications" means personal wireless services as defined in the Telecommunications Act of 1996 as it now exists or may hereafter be amended, including cellular, personal communication, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services.

"Wireless communications facility" means a structure that supports antennae and related equipment that sends and/or receives radio frequency signals.

(Ord. 572 § 1 (part), 2001)