Del Norte County Municipal Code § 15.01

The intent of this chapter is to provide a uniform set of standards for the development of wireless communications facilities and to reasonably regulate the placement, construction, installation, siting, collocation, modification, relocation, development, and removal of wireless communications facilities in the unincorporated area of Del Norte County outside of the California Coastal Zone in a manner that protects and promotes public health, safety and welfare, and balances the benefits of wireless services with the aesthetics and local values of the County. The standards contained in this chapter are designed to minimize the adverse visual impacts and operational effects of these facilities using appropriate design, siting and screening techniques while providing for the communications needs of residents, local business and government of the County.

This chapter applies to all wireless communications facilities including, without limitation, all new facilities, existing facilities, modifications to existing facilities, wireless transmission devices, support structures and related accessory equipment. For the purpose of this chapter, “wireless communications facility,” means antennas and related facilities used to provide or facilitate the provision of commercial wireless communications services under a license issued by the Federal Communications Commission.

1. Any person seeking to construct, install or maintain a wireless communications facility in the County rights-of-way, outside the coastal zone, shall obtain an administrative permit.

2. An administrative permit may be issued by the Director of Community Development (the “Director”) pursuant to the following:

   1. Each wireless communications facility requires a separate administrative permit;

   2. The proposed wireless communications facility shall comply with the wireless communication facility design criteria adopted by the Board of Supervisors;

   3. The administrative permit shall authorize the placement of a wireless communications facility for a period of 10 years;

   4. The Director shall impose conditions as necessary to ensure the placement and operation of the wireless communications facility does not incommode the public use of the road or highway. Those conditions shall, at a minimum, require a recurring annual fee for use of the County right of way equal to the County’s actual annual cost or an amount agreed upon with the permittee.

   5. If, during the term of the permit, the permittee wishes to modify the wireless communications facility, the permittee must apply for and obtain a second administrative permit for the purpose of review of the facility for consistency with the design criteria. The Director may impose new conditions reasonably related to the modification of the facility. However, the 10 year term shall not be extended except upon agreement of both the permittee and the Director.

3. In addition to the administrative permit, an encroachment permit, and where applicable, a building permit, shall be required prior to the placement of the facility.

Wireless Communications Facilities are a public use under 20.04.670. Any person seeking to construct, install or maintain a wireless communications facility on private property, outside the coastal zone, shall obtain a use permit in compliance with the procedures set forth in 20.56 or 21.50C and comply with all other applicable zoning requirements for public uses.