§ 9138.16. Communications Facilities. — Carson Zoning Code

A. Purpose. The purpose and intent of this Section is to provide uniform and comprehensive standards for the development of all communications facilities, including antennas and associated facilities for wireless telecommunication, data, radio, television and microwave, in accordance with existing Federal law while minimizing the aesthetic impacts through the use of carefully chosen siting and design criteria. The regulations contained herein are designed to protect and promote public health, safety and welfare, and aesthetic qualities within the community. At the same time, the intent is to comply with the Telecommunications Act of 1996, to not unduly restrict the development of necessary communications facilities and encourage managed development of communications infrastructure while providing a public forum to ensure a balance between public concerns and private interest in establishing such facilities.
B. Definitions.
1. "Amateur radio service"
  - means a noncommercial, two (2) way radio communications service operated by licensed amateurs using shared frequencies.

2. "Antenna height"

means the vertical distance from the existing or proposed grade, whichever is lower, to the highest part of the antenna.

3. "Building-mounted facilities"

means all facilities mounted or attached in any way to an existing building. The building must serve a primary use other than as a site for a communications facility.

4. "Cell on wheels" or "COW"

means a facility which is temporarily rolled in or temporarily installed.

5. "Co-location"

means the placement of more than one (1) facility on an existing building or freestanding structure.

6. "Enhanced 911 emergency calling systems (911/ECS)"

means a service which allows public safety personnel, including police and fire departments, to automatically identify the phone number and location of a person making an emergency call from a mobile source.

7. "Facade-mounted"

means the mounting of antennas directly to the fascia or sidewall of a building and stealth into the architectural design of the wall.

8. "Facility"

means a communications facility that repeats, transmits and/or receives electromagnetic signals which includes, but is not limited to: the combination of antennas, transmitters, masts, cabinets, and equipment rooms; towers, monopoles, or similar structures supporting said equipment; screening devices including walls and landscaping; and parking areas and other accessory development.

9. "Ground-mounted"

means a facility in which the antennas are located on a freestanding pole or structure, other than a building, attached to the ground. These antennas do not use a building or ancillary structure(s) for mounting purposes.

10. "Height"

means the distance measured from the average finished grade surrounding the facility to the highest point on the facility. In the case of a building tower, the height includes the portion of the building on which it is mounted. Towers that are adjustable in height shall use the maximum height which the structure is capable of reaching.

11. "Major communications facility"

means a facility other than a minor communications facility, which includes groundmounted or freestanding facilities and facilities that are not stealth. A facility located within a residential zone, regardless of stealth design, is considered a major communications facility.

12. "Minor communications facility"

means a facility that includes distributed antenna systems (DAS), microcells and building-mounted facilities that are stealth, including facade-mounted (wall-mounted) and roof-mounted stealth facilities. A co-location onto an existing, approved major communications facility that is in full compliance with this Section, shall be processed as a minor communications facility. Enhanced 911/ECS required by the Federal Communications Commission (FCC) are considered minor communications facilities if they are stealth into the design of an existing building-mounted or freestanding facility.

13. "Multiple user"

means a communications facility comprised of multiple towers or buildings supporting one (1) or more antennas owned or used by more than one (1) public and/or private entity, excluding research and development industries with antennas to serve internal uses only.

14. "Freestanding"

means a facility or structure which is not mounted on or attached in any way to an existing building, or that is attached to a structure whose primary purpose is to support, house or serve as a mounting location for communications equipment.

15. "Not stealth"

means any facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered not stealth.

16. "Personal communications services (PCS)"

is a term coined by the Federal Communications Commission; it describes a two (2) way voice and digital, wireless telecommunications system. PCS encompasses cordless phones, cellular mobile phone paging systems, personal communications networks, wireless office phone systems, and any other wireless telecommunications systems that allow people to place and receive voice/data calls while away from home and office.

17. "Site justification study"

means a study performed pursuant to certain requirements which explains the demands and rationale that led to the selection of a particular location and design for a communications facility. The study may include information pertaining to the interrelationship between a specific site and other sites in the local network area.

18. "Stealth"

means camouflaged or designed to blend with the surrounding environment and land uses, minimize aesthetic impact on adjacent uses, and conceal the intended use and appearance of the structures.

19. "Tower"

means any structure, or support thereto, that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

C. Applicability. The procedures and rules set forth in this Section are applicable to all communications facilities and all modifications or additions to existing communications facilities. This Section does not apply to the use or location of private, residential citizen band radio towers, amateur radio service, television antennas, or private residential dish antennas less than one (1) meter in diameter, used for receiving radio frequency or television signals, or public safety communications facilities owned or operated by the City of Carson or any emergency agencies such as the Fire Department or Sheriff's Department.
D. Procedural Standards.
1. Minor communications facilities shall be subject to the approval of a development plan in accordance with the site plan and design review procedures as provided in CMC

§ 9172.23 . The Planning Division shall be the approval authority except if the property is located within one hundred (100) feet of a residential zone. In considering applications for minor communications facilities, the Planning Division shall be guided by the provisions of subsections F (Design and Development Standards) and H (Required Findings) of this Section.

The Planning Division shall render a decision in writing, with findings, and conditions, subsequent to receipt of a complete application. The Planning Division's decision shall be final unless a written appeal is filed pursuant to CMC § 9173.4 .

Major Communications Facilities. Major communications facilities shall be subject to the approval of a development plan in accordance with the site plan and design review procedures as provided in CMC § 9172.23 and conditional use permit procedures as provided in CMC § 9172.21 . A co-location onto an existing, approved major communications facility shall be processed as a minor communications facility, unless as otherwise mentioned in this Section or if the co-location is a substantial addition that would intensify the existing facility as determined by the Planning Officer. In considering applications for major communications facilities, the Planning Commission shall be guided by the provisions of subsections F (Design and Development Standards) and H (Required Findings) of this Section. The decision of the Planning Commission shall be final unless a written appeal is filed pursuant to CMC § 9173.4 .

y the existing facility as determined by the Planning Officer. In considering applications for major communications facilities, the Planning Commission shall be guided by the provisions of subsections F (Design and Development Standards) and H (Required Findings) of this Section. The decision of the Planning Commission shall be final unless a written appeal is filed pursuant to CMC § 9173.4 .

E. Application Requirements. The following information shall be provided concurrently with any application submitted pursuant to CMC § 9173.1 :
1. Co-Location Statement (if necessary). This statement must be signed by all co-locating providers agreeing to the co-location.
2. Utility Easement Encroachment Agreement (if necessary). A letter of consent must be provided by the utility purveyor(s) if their easement will be encroached upon.
3. Local Facilities Map. Show existing facilities and coverage areas in the City. (At the applicant's request, the City of Carson will make every effort to ensure the confidentiality of information which is considered to be of a proprietary nature. Said information will be used for municipal planning purposes only.)
4. Site Justification Study. A study which explains the demands and rationale for selecting a particular location and design for a communications facility. The study may include information pertaining to the interrelationship between a specific site and other sites in the local network area. For all major communications facilities, this study shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co-location or other networks available such as distributed antenna systems. The study shall also explain the rationale for selecting the proposed site. For all feasible colocation sites, the study shall include evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility, unless a smaller radius is technologically justified by the applicant. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant's letter(s) as well as response(s), or a statement from the applicant detailing all responses received, shall be included with the study as a means of demonstrating the need for a new major communications facility.
5. RF Emissions Report. The City of Carson acknowledges that it is preempted from regulating the placement, construction or modification of facilities based on environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's (FCC) regulations. As such, a report shall be submitted which is signed by a radio frequency engineer and prepared pursuant to FCC, Office of Engineering and Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal

mission's (FCC) regulations. As such, a report shall be submitted which is signed by a radio frequency engineer and prepared pursuant to FCC, Office of Engineering and Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal

Communications Commission. The report shall take into account all other facilities within five hundred (500) feet, both existing and known future facilities, the cumulative effects of co-located facilities and existing nearby buildings and structures and shall be written so as to be understandable to the layman. This report shall be available for review by the public.

Site Plan. A site plan shall be submitted and consist of elevation drawings indicating the height, diameter, color, setbacks, landscaping, method of screening, and color photo simulations showing the before and after impacts of the proposed facility on the subject site. Existing communications facilities, poles, towers, and/or antennas shall also be shown. No plans shall include depictions of future antennas or devices, nor shall future antennas or devices be approved, unless specifically identified by applicant in a separate written statement to the Planning Division or Planning Commission as applicable.
Costs and Refundable Deposits. Applicant shall bear the reasonable costs associated with the review of the application including the costs incurred as a result of the need to hire an expert or consultant to review the data or information provided by the applicant or any related application, and for the expert or consultant to attend City meetings as determined by the City. At the time the applicant submits its application, it shall also submit an initial refundable deposit of $2,500. The deposit shall be used by the City to pay the reasonable costs associated with the expert or consultant review of the application. In the event that the deposit is or will be fully expended by the City, at the direction of the City, the applicant shall within five (5) business days deposit additional funds with the City in an amount reasonably estimated by the Director of Community Development. Upon final City action on or withdrawal or termination of the application, any unexpended funds on deposit shall promptly be returned to the applicant by the City. No City construction permit or utility connection authorizations shall be issued by the City for any approved project if the applicant has not fully reimbursed the City for its consultant or expert costs as required herein.

F. Design and Development Standards.
1. Setbacks. No communications facility shall be located within or extend into the required setbacks established in the applicable zone.
2. Height.
  - a. Communications facilities utilizing a freestanding support structure shall be limited to the maximum building height for the applicable zoning district.

b. In zoning districts with no maximum height limit, a communications facility which utilizes a freestanding support structure shall not exceed fifty (50) feet in height above the ground. The zoning of all locations shall be interpreted in accordance with CMC § 9114.2 .

- c. New communications facilities constructed on existing conforming structures shall not exceed the height of the existing structure, except for fully stealth roof-mounted facilities on existing buildings which may project up to the maximum height limit described in this Section or eight (8) feet above the roof from where it is attached, whichever is higher. 

- d. The Planning Commission or Planning Division may consider approval of facilities to exceed the maximum height limit described in this Section subject to approval of a minor or major exception as described in subsection G (Exceptions) of this Section. Existing facilities lawfully erected prior to July 17, 2003, may have a height limit greater than subsection G (Exceptions) of this Section provided there is no expansion or intensification to the facility.

Undergrounding. Electrical wiring associated with a facility shall be buried underground or hidden in a manner acceptable to the Planning Division and Engineering Division or

Planning Commission if applicable. To the extent technologically feasible, all vaults, equipment, shelters, structures, or any other device related to or required for use of a facility, shall be underground in the open space zone, in the right-of way, and where all other utilities are required to be underground. In all other areas in the City, all vaults, equipment, shelters, structures, and other devices shall be permitted aboveground only when said devices are not visible from adjacent property or the right-of-way.

Microwave Dishes. Where economically feasible the use of microwave dishes shall be prohibited and underground lines utilized. Upon a showing of economic infeasibility, microwave dishes up to twenty-six (26) inches shall be permitted.
Painting. The communications facility and supporting structure(s) shall be painted a neutral, non-glossy color that matches the color of the structure to be mounted on or to the color of the surrounding environment subject to the satisfaction of the Planning Manager.
Lighting. All communications facilities, except exempt facilities, shall be unlit, except for a manually operated or motion-detector controlled light above the equipment door which shall be used only for personnel maintenance purposes. This requirement is not intended to address interior structure lighting.
Noise.
- a. All communications facilities, except exempt facilities, shall be constructed and operated in such a manner as to meet the requirements of the noise ordinance.
- b. Backup generators shall only be operated during power outages and for testing and maintenance purposes. No backup generator shall be utilized for longer than seventytwo (72) hours without prior approval of the Engineering Division or Planning Division.

c. If the facility is located within one hundred (100) feet of a residential dwelling unit, noise attenuation measures, including redesign or screening, shall be included to reduce exterior noise levels to meet the requirements of the noise ordinance.
1. Signs. The display of any sign or any other graphic on a communications facility or on its screening is prohibited, except for signs for health, safety, and welfare purposes which are required to be posted in case of an emergency. Emergency signs shall be visibly posted at the facility and shall include contact information, including the phone number of the utility provider.
2. Performance Bond. A faithful performance bond shall be required to ensure compliance with City codes and standards, and the removal of abandoned antennas or facilities, before the issuance of any building or public works permits.
G. Exceptions.
1. Exceptions for minor communications facilities may be approved by the Planning Division. For all other facilities including those within one hundred (100) feet of a residential zone, the Planning Commission shall render the decision after notice and hearing. In approving an exception, the Planning Commission or Planning Division shall render a decision in writing, with findings and conditions, subject to the requirements of CMC § 9172.23 .
  - a. Minor Exceptions. The design standards for setbacks and height listed in subsection F of this Section may be modified by not more than fifteen (15) percent.

The Planning Commission or Planning Division must make all of the following findings based on evidence submitted by the applicant:

(1) If seeking a minor exception from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height

necessary for operation and/or for stealth purposes including design elements or architectural details.

(2) The minor exception would not create a significant visual impact.
(3) Granting the minor exception shall conform to the spirit and intent of this zoning code.
(4) Granting the minor exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.
b. Major Exceptions. The design standards for setbacks and height listed in subsection F of this Section may be modified by not more than thirty (30) percent.

The Planning Commission or Planning Division must make all of the following findings based on evidence submitted by the applicant:

  - (1) If the applicant seeks the major exception in order to service the applicant's gap in service, the applicant shall submit an explanation and supporting engineering data establishing that a tower or antenna as proposed is technologically necessary. 

  - (2) If the applicant seeks the major exception in order to accommodate the establishment of a co-located facility, the applicant shall demonstrate that conformance with the code would require the installation of new freestanding communications facility or other less desirable facility.

(3) If seeking a major exception from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary. The applicant shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height permitted herein. The purpose of this analysis is to ensure that additional height is permitted only when technologically necessary for the provision of services. Further, the applicant shall certify that the facility shall not cause a hazard to aircraft.

- (4) Locating the antenna in conformance with the specifications of this Section would obstruct the antenna's reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant's control and relocation is not an option. 

- (5) The visual impacts are negligible because the facility is designed to architecturally integrate with the surrounding environment. 

- (6) Granting the major exception shall conform to the spirit and intent of this zoning code. 

- (7) Granting the major exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.

H. Required Findings. In addition to the provisions of CMC § 9172.21 and § 9172.23 , the Planning Division or Planning Commission shall approve a development plan and conditional use permit for a communications facility if affirmative findings can be made based upon the following criteria:
1. The proposed site is the least intrusive after considering co-location with another facility, other networks available such as distributed antenna systems, and location at another site. If located in the public right-of-way or on City-owned or leased property, the facility must meet the requirements of the Engineering Division.
2. The proposed communications facility will be aesthetically compatible, located and designed to minimize the visual impact on surrounding properties and from public streets,

including adequate screening through the use of landscaping that harmonize with the elements and characteristics of the property and/or stealth which incorporates the facility with the structure in which it will be mounted through use of material, color, and architectural design.

The proposed communications facility is not located on any residential dwelling or on any property which contains a residential dwelling, or any property wherein a person resides, except as may be associated with a church, temple, or place of religious worship.

I. Maintenance. The site shall be maintained in a condition free of trash, debris, and refuse and all antennas and related structures shall not be permitted to fall into disrepair. All graffiti must be removed immediately or within seventy-two (72) hours of notice from the City.
J. Temporary Facilities.

The Planning Division may approve, for a period of up to ninety (90) days, a temporary communications facility, including but not limited to a COW, to provide service while an approved communications facility is being fabricated or when an existing antenna has been damaged or destroyed. The Planning Division may extend the ninety (90) day period at the request of the applicant for thirty (30) day intervals if the applicant can prove that there is a hardship that is delaying the issuance of permits for the permanent facility.
1. The temporary facility may only be approved after the approval authority has approved or conditionally approved an application for a communications facility and the project proponent has signed and returned a copy of the affidavit of acceptance of conditions of approval to the Planning Division.
2. The Planning Division shall approve the actual location and design of the temporary facility consistent with the requirements of subsection F (Design and Development Standards) of this Section.
3. The Planning Division or Public Safety Division shall have the authority to approve a temporary use permit for communications facilities needed during a declared emergency. Temporary facilities shall be removed not later than ten (10) days after the conclusion of the declared emergency.

K. Nonconforming Facilities. Any facility constructed in violation of this Section, or in violation of any part of this code, is subject to immediate abatement. Any major communications facility that is lawfully constructed prior to the effective date of the ordinance codified in this Section shall be deemed a nonconforming use and will be subject to the provision of CMC § 9182.21 and § 9182.22 . Additionally, CMC § 9172.25 and § 9182.05 shall govern any request for an extension to the nonconforming privilege.
L. Facility Removal.
1. Discontinued Use/Abandonment. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Planning Division in writing in the event that the use of the facility is discontinued for any reason. In the event the facility is discontinued or abandoned for a period of more than one hundred eighty (180) days, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes at the owner's and/or operator's expense. All such removal, repair and restoration shall be completed within ninety (90) days after the use is discontinued or abandoned, and shall be performed in accordance with all applicable health and safety requirements. In the event that an owner or operator fails to remove any abandoned facilities or antennas within the time periods stated, the City may remove the facility after providing thirty (30) days' notice, and shall bill the owner and/or operator for all costs including any administrative or legal costs incurred in connection with said removal. Once all costs have been paid by the antenna owner, any bond posted for

that an owner or operator fails to remove any abandoned facilities or antennas within the time periods stated, the City may remove the facility after providing thirty (30) days' notice, and shall bill the owner and/or operator for all costs including any administrative or legal costs incurred in connection with said removal. Once all costs have been paid by the antenna owner, any bond posted for

removal shall be released. The City does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, or bring an action for repayment of costs.

Utility-Mounted Facility Removal or Relocation. All utility-mounted facilities shall be removed or relocated at the facility owner's expense when a City-approved project requires relocation or undergrounding of the utility structure on which the facility is mounted.

(Ord. 10-1460 § 1; Ord. 03-1284 § 5)