Division 8 — COMMUNICATION FACILITIES

This division is enacted to establish a consistent set of standards regulating the placement and design of all types of communication facilities in the incorporated areas of the city. These standards are intended to protect and promote public health, safety, community welfare and the unique visual character of the city by encouraging the orderly development of communication infrastructure. It is the intent of the city council that these regulations serve to:

(1)

Protect residential areas and other land uses from potential adverse impacts of towers and antennae;

(2)

Encourage the location of towers and regeneration facilities in nonresidential areas;

(3)

Minimize the number of towers throughout the community;

(4)

Strongly encourage the joint use of new and existing tower sites as a primary option and alternative to the construction of additional single-use towers;

(5)

Encourage users of towers and antennae to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(6)

Encourage users of towers and antennae to configure them in a way that minimizes the adverse visual impact of the towers and antennae through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

(8)

Consider the public health and safety impacts of communication towers;

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. All towers are to be engineered for the environment in which they are to be located and for the expected loading;

(10)

Encourage the due consideration of the city's general plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennae;

(11)

Minimize the amount of private infrastructure systems in public rights-of-way; and

(12)

Implement California Government Code section 65850.6 and section 65964 and section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act"), as interpreted by the Federal Communications Commission's ("FCC"), which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in substantial change to the physical dimensions of such tower or base station.

(Ord. No. 24-03, § 2, 9-17-24)

The following definitions shall apply to this section:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennae or towers.

Amateur radio (HAM) facility means a wireless communication facility operated by a federally-licensed amateur radio operator as part of the amateur radio services.

Amateur radio (HAM) operator means a person holding a written authorization to be the control operator of an amateur radio facility. This authorization shall be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.

Amateur radio (HAM) service means radio communication services, including the amateur-satellite service and the amateur service, which are for the purpose of self-training, intercommunication and technical investigations carried out by amateurs who are duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest, as defined in title 47, Code of Federal Regulations, part 97 and regulated there under.

Antenna means any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. The distinction is made between the support structure and the antenna(e) mounted thereon. See also "satellite dish" or "satellite antenna."

Backhaul network means the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Base station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.

The term "base station" does not encompass a tower as defined herein or any equipment associated with a tower. The term "base station" includes, without limitation:

i.

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

ii.

Radio transceivers, antennas, coaxial or fiber-optic cable regular and backup power supplies and comparable equipment, regardless of technological configuration (including distributed antenna systems ["DAS"] and small-cell networks).

iii.

Any structure other than a tower that, at the time the relevant application is filed the city under this section, supports or houses equipment described in paragraphs i. and ii. that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

ther than a tower that, at the time the relevant application is filed the city under this section, supports or houses equipment described in paragraphs i. and ii. that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

The term "base station" does not include a structure that, at the time the relevant application is filed with the city under this section, does not support or house equipment described in subsections i.and ii. of this definition.

Broadband means pertaining to a transmission system or facility with an information bandwidth capacity greater than a single voice channel (3 kHz).

Broadcast means to transmit a signal for direct reception by the general public.

Camouflaged tower means any telecommunication tower that due to design or appearance to the extent possible hides, obscures, or conceals the presence of the tower and antennae.

Cell means a geographic area covered by a single cellular, ESMR or PCS transmitter.

Cellular network means a system providing mobile telephone services through all the cells in a coverage area. A coverage area consists of multiple adjacent cells operating on slightly different frequencies. Calls are "handed-off" from one (1) cell to the next as a mobile unit moves from cell to cell. This is the fundamental innovation that has allowed for the development of cellular, ESMR and mobile PCS services.

Cellular telephone system means a mobile radio system that connects subscriber hand held devices to each other through the cellular network and with wire line telephones through the public switched network.

Collocation means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Collocation facility means the placement or installation of wireless facilities, including antennae, and related equipment, on, or immediately adjacent to, a wireless telecommunication collocation facility.

Commercial private wireless communication facility means a wireless communication facility operated by a for-profit business for its own internal purposes and without supplying access to members of the general public. See, by contrast, "noncommercial wireless communication facility" and "commercial public wireless communication facility."

Commercial public wireless communication facility means a wireless communication facility operated by a for-profit business whose business is provision of wireless communication services to subscribers or the general public. See by contrast, "noncommercial wireless communication facility" and "commercial private wireless communication facility."

Commercial wireless communication facility means a wireless communication facility operated by a forprofit business, and includes commercial private wireless communication facilities and commercial public wireless communication facilities.

Communication facility means a facility, site or location that contains one (1) or more antennae, telecommunication towers, alternative support structures, satellite dish antennae, other similar communication devices and support equipment which is used for transmitting, receiving or relaying telecommunications signals.

Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

i.

Collocation of new transmission equipment;

ii.

Removal of transmission equipment; or

iii.

Replacement of transmission equipment.

Eligible support structure means any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the city under this section.

Enhanced specialized mobile radio service (ESMR) means a specialized mobile radio service (SMR) system (see definition below) which utilizes digital cellular technology to enable wide-area coverage as well as interconnection with other users and the cellular and public switched (landline) telephone networks.

Existing means a constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, provided that a tower that has not been reviewed and reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for the purposes of this section.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Federal Communications Commission (FCC) means the federal regulatory agency established and provided for in title 47, U.S. Code, and charged with regulation of communication by wire and radio (which includes broadcast and non-broadcast communication of any type).

Gigahertz (GHz) means a unit of measurement of radio frequency equal to one billion (1,000,000,000) Hertz (cycles per second). One (1) gigahertz is equivalent to one thousand (1,000) megahertz (MHZ). Microwave frequencies are usually expressed in gigahertz.

Ground-mounted antenna means an antenna, which is attached to a support structure resting on the ground, and has an overall height not greater than fifteen (15) feet above finished grade at the base of the structure. This definition includes antennae, which are sometimes referred to as "post mounts" and "ground builds."

Grouped facility means the installation of several wireless communication facilities owned and/or operated by two (2) or more entities or separate structures or towers within a single parcel and with each facility no more than one hundred (100) feet from at least one (1) other facility.

Guyed tower means a telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

Height means when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Kilohertz (kHz) means a unit of measurement of radio frequency equal to one thousand (1,000) Hertz (cycles per second). One thousand (1,000) kilohertz is equivalent to one (1) megahertz (MHZ). AM and short-wave broadcast frequencies are usually expressed in kilohertz.

Lattice tower means a telecommunication tower that consists of vertical and horizontal supports and crossed metal braces which is entirely self-supporting.

Megahertz (MHZ) means a unit of measurement of radio frequency equal to one million (1,000,000) Hertz (cycles per second). One thousand (1,000) kilohertz is equivalent to one (1) megahertz, and one thousand (1,000) megahertz is equivalent to one (1) gigahertz. FM and TV broadcast frequencies and VHF and UHF communication frequencies are usually expressed in megahertz.

Monopole means a telecommunication tower of a single pole design.

Noncommercial wireless communication facility means a wireless communication facility operated by a government agency, a nonprofit organization, or a private citizen for personal use. It includes all amateur radio facilities. See, by contrast, "commercial wireless communication facility".

Nonconforming means any pre-existing telecommunications facility that was in existence prior to the adoption of this division and that has not been issued a conditional use permit or was issued a conditional use permit prior to the adoption date of this division. This definition shall only apply to this specific division and shall not apply to other provisions of this chapter.

Operator means any person or organization that controls the operation and maintenance of a wireless communication facility.

Paging means a wireless communication service that communicates a limited message to subscriber units which are relatively small and can be carried on the subscriber's person. Current paging systems are oneway (subscriber receives the message) but future systems can be two-way in nature. Paging systems are not considered "real time" interactive systems.

Personal communications services (PCS) means digital wireless services that offer high quality voice and data communication.

Platform means a support system that may be used to connect antennae and antenna arrays to telecommunication towers or alternative support structures.

Preexisting towers and preexisting antennae means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this division, including permitted towers or antennae that have not yet been constructed so long as such approval is current and not expired.

Radio is a generic term for communication of sound, data, or energy by means of electromagnetic wave propagation. For regulatory purposes "radio" includes the popular terms "television" and "microwave". The term "wireless" is interchangeable with "radio" and is the popular term in several other English-speaking countries and some translations.

Radio frequency (RF) means a description pertaining to the electromagnetic spectrum between the audio frequency portion and the infrared portion.

Radio frequency exposure professional means a certified professional electrical engineer, health physicist or other technical expert with an understanding of the effects and measurement of exposure of the human body to radio frequency energy. Such professional must have substantial professional experience performing environmental measurements of radio frequency (RF) exposure and preparing radio frequency exposure evaluation reports for a variety of entities.

Regeneration facility means a structure, equipment or facility that primarily is used to enhance the transmission of the system by "boosting" or "upgrading" the signal being transmitted through wire, fiber optic or other media. It generally includes ground-based equipment housed in an unmanned shelter that requires electricity and communication connections. This term may also mean repeater facilities or amplification facilities.

Roof-mounted means an antenna that is mounted directly to, or on a support structure mounted to, the roof or otherwise on the top most level or levels of a building exterior.

Satellite dish means an antenna incorporating a reflective surface that is solid, open mesh, or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or receive electromagnetic signals to or from a satellite. This definition includes antennae that are sometimes called "SES, "TYRO," "TVBS," and "DBS" antennae.

Satellite transmission means a communication system involving signals sent to ("uplink") and/or by ("downlink") an orbiting communication relay satellite.

Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TYRO's and satellite microwave antennae.

Site means, for towers other than towers in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Specialized mobile radio (SMR) means a radio system in which licensees provide land mobile communication services in the 800 MHZ and 900 MHZ bands on a commercial basis to entities eligible to be licensed in the private radio services (Part 90 of the FCC Rules), federal government entities and individuals. See also "enhanced specialized mobile radio system (ESMR)".

Spectrum Act refers to section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act, 47 USC § 1455(a) (providing in part, "a state or local government may not deny, and shall approve, any eligible facilities request for a modification of any existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.").

Stealth mount means a way of mounting an antenna that hides the antenna by making it appear to be a part of a structure, tree or other natural object.

Structure-mounted means any antenna which:

(1)

Is not attached to a dedicated support structure resting on the ground; and

(2)

Is attached to a building, billboard, tank, sign, utility pole, or other structure. This definition includes antennae sometimes referred to as facade mounts and sign mounts.

Substantial change means a modification substantially changes the physical dimension of an eligible support structure if it meets any of the following criteria:

i.

For towers other than towers in the public right-of-way, it increases the height of the tower no more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structure, it increases the height of the structure by more than one hundred five (105) or more than ten (10) feet, whichever is greater;

ii.

For towers other than towers in the public right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

iii.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public right-of-way and base stations, it involves the installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

iv.

It entails any excavation or deployment outside the current site;

v.

It would defeat the concealment elements of the eligible support structure; or

vi.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (i)—(g) of this section.

Telecommunication facility means a facility, site or location that contains one (1) or more antennae, telecommunication towers, alternative support structures, satellite dish antennae, other similar communication devices and support equipment which is used for transmitting, receiving or relaying telecommunications signals excluding those facilities exempted under section 29-258.

Telecommunication support facility means telecommunication equipment buildings and equipment cabinets.

Telecommunications tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennae, including camouflaged towers, lattice towers, guy towers or monopole towers. This includes radio and television transmission towers, microwave towers, and commoncarrier towers. It shall exclude alternative support structures and those facilities exempted under section 29-258.

Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Tower-mounted means any antenna which is attached to a tower and has an overall height greater than ten (10) feet above finished grade at the base of the structure. This definition includes antennae that are sometimes referred to as "monopoles," "lattice towers" and "guyed towers."

Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber optic cable, and regular and backup power supply. The term "transmission equipment" includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wireless communication means electronic communication using radio signals sent between two (2) or more points.

Wireless communication facility means any antenna, associated equipment, base station, small cell system, tower, and/or transmission equipment.

Wireless telecommunications collocation facility means a wireless telecommunications facility that includes collocation facilities.

Wireless telecommunications facility means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services. Receive only radio and television antennae and satellite dishes or antennae are excluded from this definition.

Wire line communication means electronic communication using physical connections such as wire cables or fiber optics to transmit signals between two (2) or more points.

(Ord. No. 24-03, § 2, 9-17-24)

This division shall apply to all types of communication facilities including but not limited to: towers, regeneration facilities, amplification facilities, and repeater facilities, whether sited on the ground, or elevated on towers or structures.

(1)

New towers and antennae. All new replacement, or re-permitted towers, antennae or facilities in the city shall be subject to these regulations, except for exemptions provided under section 29-258. "Re-permitted" shall mean renewal of a permit at any one (1) of the sites originally approved in the conditional use permit, and shall also mean a facility for which a conditional use permit has expired but is being permitted again by either the same or another owner operator, which may be done by the planning commission and city council.

(2)

Regeneration, repeater, amplification facilities. This division shall regulate all new, replacement or repermitted facilities.

(3)

Amateur radio station operators/receive only antennae. This division shall not govern any tower, or the installation of any antenna, that is under sixty (60) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennae.

(4)

Preexisting towers or antennae. Preexisting towers, pre-existing facilities and preexisting antennae shall not be required to meet the requirements of this division, unless and/or until the facility is altered, repaired in excess of fifty (50) percent of its base value and/or is re-permitted.

(5)

AM array. For purposes of implementing this division, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(Ord. No. 24-03, § 2, 9-17-24)

The following communication facilities shall be exempt from this division, and shall be permitted without review by the community development director or planning commission, provided that the following specified conditions are met:

(1)

Receive-only radio and television antennae, including satellite dishes, provided that:

a.

The antennae meet all height, setback, lot coverage and other limitations on structures in its zone;

b.

The antennae are not installed between a public street and a structure;

c.

If the facility installed is less than twelve (12) feet high above ground level, except for roof mounted meeting the requirements contained herein; and these requirements do not:

1.

Unreasonably delay or prevent the installation, maintenance or use;

2.

Unreasonably increase the cost of installation, maintenance or use; or

3.

Preclude reception of an acceptable signal.

(2)

Temporary communication facilities providing public information coverage of a news event, provided that they are set up for a period of seventy-two (72) hours or less.

(3)

Cell on wheels (COW) and cell on light truck (COLT) facilities replacing a damaged facility and/or meeting the public need in the event of a public emergency or disaster declared by the city or other governmental authority, or as approved by the community development director on a case-by-case basis. As a temporary

facility this may also be used for events such as large gatherings, rodeos and fair-type activities, the duration not to exceed the duration of the event.

(4)

Temporary crank-up towers up to one hundred twenty (120) feet erected for a duration of forty-eight (48) hours or less for the purposes of testing.

(5)

Amateur radio station facilities provided that all antennae and supporting structures meet the following requirements:

a.

Only one (1) amateur radio station facility shall be installed on any single parcel, and all fixed radio equipment, antennae and antenna support structures so installed shall be included as part of that single facility.

b.

All fixed radio equipment, antennae and antenna support structures shall comply with setback, lot coverage and other standards, except height, required in its zone.

c.

Multiple antennae shall be grouped so as not to exceed sixteen (16) square feet in area when feasible.

d.

All small diameter (less than twenty-four (24) inches) antennae such as satellite dishes or other small antennae providing communication services to residential uses.

(6)

Facilities or systems that at the time of adoption of the ordinance enacting this division have a signed development agreement or a franchise agreement or a legally binding contract with the jurisdiction responsible for permitting the facility or system.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Pursuant to state law (Government Code § 65850.6 and § 65964) and the Middle Class Tax Relief and Job Creation Act of 2012, further known as the Spectrum Act, collocation facilities shall be permitted uses within any zone, subject to a building permit as described in section 29-260(4) provided that a site plan review is completed as described in sections 29-304—29-306.

(1)

The site plan review application for an eligible facilities request shall include the following:

a.

The applicant must identify whether the applicant believes the application is eligible for an eligible facilities request subject to Government Code section 65850.6 and section 65964 or the Spectrum Act, and if so, provide a detailed explanation as to why the applicant believes that the application qualifies as an eligible facilities request.

b.

The applicant shall complete the city's application form, as may be amended from time to time.

c.

Payment of a reasonable fee prescribed by resolution.

(2)

Type of review. Upon receipt of an application for an eligible facilities request pursuant to this chapter, the community development department shall review such application to determine whether the application so quantifies.

(Ord. No. 24-03, § 2, 9-17-24)

All new or re-permitted telecommunication towers and all wired or fiber regeneration facilities within the city shall meet the following general requirements, regardless of the zone in which they are located. Exempt facilities under section 29-258 and collocation facilities under section 29-259(a) are not subject to the general requirements of section 29-260.

(1)

Conditions of approval. As a condition of approval of an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility, as defined in California

Government Code section 65859.6, the city shall not do any of the following:

a.

Require an escrow deposit for removal of a wireless telecommunications facility or any component thereof. However, a performance bond or other surety or another form of security may be required, so long as the amount of the bond security is rationally related to the cost of removal. In establishing the amount of the security, the city shall take into consideration information provided by the permit applicant regarding the cost of removal.

b.

Unreasonably limit the duration of any permit for a wireless telecommunications facility. Limits of less than ten (10) years are presumed to be unreasonable absent public safety reasons or substantial land use reasons. However, the city may establish a build-out period for a site.

c.

Require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city.

(2)

Zones. Wireless communication facilities, wireless telecommunication facilities, and wireless telecommunications collocation facilities may be located in all zones which allow such facilities, upon approval of a conditional use permit as described below.

(3)

Use permit required. All telecommunications towers and all wired or fiber regeneration facilities require a conditional use permit (CUP). To obtain a conditional use permit, a duly noticed public hearing is required before the planning commission and city council as provided for in article V, division 6 of this chapter.

(4)

Building permit required. All communication facilities shall require a building permit issued by the city.

(5)

Design consistency with the surrounding environment. To the maximum extent feasible, all wireless communication facilities and all regeneration facilities shall blend with the predominant features of the existing natural and/or built environments in which they are located. Toward this end, collocation, stealth mounts, structure mounts and ground mounts are particularly encouraged.

(6)

Height. All communication facilities shall conform to the following height requirements:

a.

All wireless communication facilities, wireless tele-communications facilities, and wireless telecommunications collocation facilities shall be subject to the maximum building height requirements of the applicable zone as specified in this section unless a variance is approved concurrent with a conditional use permit.

b.

All communication facilities constructed within three-quarters (¾) of a mile of a designated scenic corridor (as designated by the general plan) shall conform to the height limit of the zone in which they are located. Collocation facilities may exceed their zones height limit, provided that the installation of the collocation facility does not require a height increase of the existing wireless telecommunications collocation facility.

c.

Outside of the three-quarter (¾) mile range of a designated scenic corridor, no communication facility may exceed one hundred twenty (120) feet. A bonus of twenty (20) additional feet per facility, up to a maximum height of two hundred (200) feet, is permissible for collocation facilities on a single wireless telecommunications collocation facility.

d.

No roof-mounted wireless communication facility may be more than twelve (12) feet taller than the roof of the building on which it is mounted, unless the facility is fully screened and height does not exceed height permitted by applicable zone.

e.

If an operator wishes to apply for an exception to these height limitations, then the facility shall be subject to the provisions of this chapter relating to conditional use permits and variance hearing processes.

(7)

Screening. All communication facilities shall be screened to the maximum extent possible pursuant to the following requirements:

a.

Ground- and tower-mounted antennae and all sound structures shall be located within areas where substantial screening by vegetation, landform and/or buildings can be achieved. Additional vegetation and/or other screening may be required as a condition of approval. Each structural screening shall be based on a recommendation from the community development director having addressed the visual impacts, which in some instance may, in fact, warrant no screening.

b.

The projection of structure-mounted antennae from the face of the structure to which they are attached shall be minimized and shall not project across any property line.

c.

Roof-mounted antennae shall be set back from the edge of the roof a distance greater than or equal to the height of the antenna, except when the antennae are fully screened. For roof-mounted antennae, a screening structure that is architecturally compatible with the building on which it is mounted may also be required as a condition of approval. Antenna panels mounted flush on the outside of the parapet wall of an existing building and painted to match the exterior of the building may be allowed.

(8)

Radio frequency exposure. No communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no communication facility or combination of facilities shall produce, at any time, power densities that exceed the current FCC adopted standards for human exposure to RF fields. Certification that a facility meets this standard is required. A copy of the certification from the FCC shall be submitted to the city.

(9)

Cabling. For structure-mounted antennae, all visible cabling between equipment and antennae shall be routed within the building wherever feasible, or on the roof below the parapet wall. Cabling on the exterior of a building or monopole shall be located within cable trays painted to match the structure. All cabling shall be performed in accordance with the applicable NEC (National Electrical Code).

(10)

Painting and lighting. All facilities shall be painted or constructed of materials to minimize visual impacts. All towers shall be painted in non-reflective and preferably earth tone colors. All towers may be required to be illuminated with lighting as required by the FAA and the county airport land use commission, if applicable.

(11)

Noise. All communication facilities shall be designed to minimize noise impacts to surrounding land uses. If a facility is located in or within one hundred (100) feet of a residential zone, noise attenuation measures shall be included to reduce noise levels to a maximum exterior noise level of fifty (50) Ldn at the facility's site property lines.

(12)

Accessory structures. Enclosures and cabinets housing equipment related to a wireless communication facility shall meet setback and height restrictions for such structures in the zone where located. Such structures shall appear architecturally compatible (as determined by the community development director evaluating the facility on the basis of color and materials) with their surroundings and be designed to minimize visual impacts. To meet this requirement, underground vaults may be required.

(13)

Street and parking. Communication facilities shall have access to public streets and parking areas as necessary and shall use existing streets and parking areas whenever possible.

(14)

Provisions for future collocation. All commercial communication facilities shall be encouraged to promote future facility and site sharing. Technical evidence will be provided as to the infeasibility, either technically and/or economically, of collocation or grouping prior to the issuance of a new use permit for a facility that would not be considered to be co-located or grouped under this division. Proposals for the placement of collocation facilities on existing wireless telecommunication collocation facilities are subject to the requirements of section 29-259.

(15)

Removal upon discontinuation of use. All equipment associated with a communication facility shall be removed within one hundred eighty (180) days of the discontinuation of the use and the site shall be restored to its original preconstruction condition. The operators agreeing to such removal and allowing the city access across private property to effect such removal shall be a condition of approval of each permit issued. At its discretion, the city may require a financial guarantee acceptable to the city to ensure removal.

(16)

Principal or accessory use. Antennae and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(17)

Lot size. For purposes of determining whether the installation of a facility complies with city development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennae or towers may be located on lease parcels within such lot. This shall also take into consideration the height of the tower in the event of a failure whereby it could fall thereby crossing property lines.

(18)

Inventory of existing sites. Each applicant for a facility shall provide to the community development director an inventory of its existing towers, antennae, or sites approved for facilities, that are either within the jurisdiction of the city or within one (1) mile of the border thereof, including specific information about the location, height and design of each facility. The community development director may share such information with other applicants applying for administrative approvals or conditional use permits under this division or with other organizations seeking to locate facilities within the jurisdiction of the city provided, however, that the community development director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(19)

Aesthetics. Towers and antennae shall meet the following requirements:

a.

Towers shall either maintain a galvanized steel finish, or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obstructiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(20)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views and community.

(21)

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennae. If such standards and regulations are changed, then the owners of the towers and antennae governed by this division shall bring such towers and antennae into compliance with such revised standards and regulations as mandated by the controlling state or federal agency. Failure to bring towers and antennae into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(22)

Building codes, safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(23)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the incorporated areas of the city according to the provisions of this chapter for the respective base zone.

(24)

Not essential services. Towers and antennae shall be regulated and permitted pursuant to this division and shall not be regulated or permitted as essential services, public utilities or private utilities.

(25)

Franchises. Owners and/or operators of towers or antennae shall certify that all franchises required by law for the construction and/or operation of a communication system in the city have been obtained and shall file a copy of all required franchises with the community development director.

(26)

Public notice. For purposes of this division, any conditional use permit request, variance request, or appeal of an administratively approved permit shall require public notice to all adjoining property owners and all property owners of properties that are located within the corresponding separation distance listed for a conditional use permit or variance in the respective zone, under this chapter, in addition to any notice otherwise required by the community development director, planning commission or city council.

(27)

Signs. No signs shall be allowed on an antenna or tower except as may be required by law or another permitting or licensing agency.

(28)

Buildings and support equipment. Buildings and support equipment associated with antennae or towers shall comply with requirements of this chapter.

(29)

Multiple antennae/tower plan. The city encourages the users of towers and antennae to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(Ord. No. 24-03, § 2, 9-17-24)

Certain communication facilities may be conditionally approved by the administrative committee, as described below in this section. The duty of the administrative committee established by this section shall be considered additional authorized duty as permitted by section 29-298 of this chapter.

(1)

Qualifying facilities. The following types of communication facilities qualify for a use permit before the administrative committee:

a.

Receive-only radio and television antennae and satellite dishes or antennae that do not qualify for exemption under section 29-258, including multiple antennae or dishes on a single parcel.

b.

Amateur radio facilities that do not qualify for exemption under section 29-258. When required, a conditional use permit before the administrative committee shall be granted to amateur radio operators with no fee.

c.

Communication facilities installed on publicly owned property, regardless of zone, provided they hold an executed license or lease agreement.

(2)

Required findings. In order for the administrative committee to approve a proposed communication facility under a conditional use permit, the administrative committee shall make the findings required for a conditional use permit, as well as, the following additional findings:

a.

The facility complies with all applicable provisions of section 29-260.

b.

The facility either:

1.

Does not require an RF environmental evaluation report as described in section 29-260(8); or

2.

The RF environmental evaluation report for the facility shows that the cumulative radiofrequency energy emitted by the facility and any near-by facilities will be consistent with FCC regulations.

c.

The facility blends in with its existing environment and will not have significant adverse visual impacts.

(3)

Administrative approval process. The administrative committee may administratively approve a proposed communication facility by using the following process:

a.

Each applicant for administrative approval shall apply to the community development director providing the information and fees.

b.

The administrative committee shall review the application and determine if the proposed use complies with section 29-261.

c.

The administrative committee shall review each application within sixty (60) days and either approve or deny the application.

d.

In connection with any such administrative approval, the administrative committee may, in order to encourage shared use, administratively waive any setback requirements or separation distances between towers in the base zone by up to fifty (50) percent.

e.

In connection with any such administrative approval, the administrative committee may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

f.

If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to section 29-261 prior to filing an appeal as described under this chapter.

(4)

List of administratively approved uses. The following uses may be approved by the administrative committee after conducting a review:

a.

Locating a tower, antenna or facility, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or heavy commercial zone or a grouped facility.

b.

Locating antennae on existing structures or towers consistent with the terms of subsections 1. and 2. below.

Antennae on existing structures. Any antenna, which is not attached to a tower, may be approved by the administrative committee as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:

2.

The antenna does not extend more than thirty (30) feet above the highest point of the structure;

3.

The antenna complies with all applicable FCC and FAA regulations;

4.

The antenna complies with all applicable building codes.

(5)

Antennae on existing towers. An antenna which is attached to an existing tower may be approved by the administrative committee to minimize adverse visual impacts associated with the proliferation and clustering of towers. Collocation of antennae by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

a.

A tower which is modified or reconstructed to accommodate to collocation of an additional antenna shall be of the same tower type as the existing tower, unless the administrative committee allows reconstruction as a monopole.

b.

Height.

1.

An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height, to accommodate the collocation of an additional antenna.

2.

The height change referred to in subsection b.1 may only occur one (1) time per communication tower.

3.

The additional height referred to in subsection b.1 shall not require an additional distance separation. The tower's pre-modification height shall be used to calculate such distance separation.

(6)

On-site location.

a.

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location.

b.

After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.

c.

A relocation on a site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to the base zone. The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands shall only be permitted when approved by the administrative committee.

(7)

New towers in nonresidential zones. Locating any new tower in a nonresidential zone other than industrial or heavy commercial, provided a licensed professional engineer certifies that the tower can structurally accommodate the number of shared users proposed by the applicant; the city council concludes the tower is in conformity with the goals set forth in section 29-255 and requirements of section 29-261 of this division; the tower meets all setback and separation requirements of the base zone; and the tower meets the following height and usage criteria:

a.

For a single user, up to ninety (90) feet in height.

b.

For two (2) to three (3) users, up to one hundred twenty (120) feet in height.

c.

For four (4) or more users up to one hundred eighty (180) feet in height.

(8)

Locating any alternative tower structure in a zone other than industrial or heavy commercial that in the judgment of the administrative committee is in conformity with the purpose set forth in section 29-255.

a.

Installing a cable micro-cell network through the use of multiple low-powered transmitters/receivers attached to existing wire line systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(Ord. No. 24-03, § 2, 9-17-24)

Sec. 29-262. - Conditional use permit before planning commission and city council.

All communication facilities or any facility requesting an exception to these regulations, except collocation facilities, shall require approval of a conditional use permit by the planning commission and final approval by the city council.

(1)

Qualifying facilities. A conditional use permit is required for any communication facility that is not exempt under these regulations and that does not qualify for a conditional use permit before the administrative committee.

(2)

Required findings. In order for the city council to approve a proposed communication facility under a conditional use permit, the planning commission shall make the findings required for a conditional use permit, as well as the following additional findings:

a.

No alternative site or design is available that would allow for issuance of a conditional use permit before the administrative committee for the facility. This finding shall be based on the results of an alternatives analysis, as described in section 29-264 below.

b.

The facility either:

1.

Does not require an RF environmental evaluation report; or

2.

The RF environmental evaluation report for the facility shows that the cumulative radiofrequency exposure emitted by the facility and any near-by facilities will be consistent with FCC regulations.

c.

The facility blends in with its existing environment and will not have significant visual impacts.

(3)

Conditional use permit process. Applications for conditional use permits under this subsection shall conform to the requirements of section 29-261, and shall be subject to the procedures and requirements of article V, division 6 of this chapter.

(4)

Conditions. In granting a conditional use permit, the city council may impose conditions to the extent the city council concludes such conditions are necessary to minimize any adverse effects to adjoining properties. Conditions of approval for an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility shall not include the prohibited conditions listed in section 29-260(1).

(5)

Professional engineer. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a state licensed professional engineer.

(6)

Encroachment permits.

a.

Prior to commencing work on city streets, encroachment permits from the engineering department shall be obtained. Plans, specification drawings which depict detail of the extent of work shall be submitted with the application.

b.

The city engineering department will, as a condition of permit issuance, specify trench backfill requirements including, but not limited to, asphalt replacement, depending on the location of the trench.

c.

A fee, intended to cover all of the city's costs associated with issuance of the permit shall be paid prior to issuance of an encroachment permit.

(Ord. No. 24-03, § 2, 9-17-24)

For a facility requiring a conditional use permit before the city council, an alternatives analysis shall be prepared by or on behalf of the operator, as described in this section.

(1)

Alternatives to be considered. The alternatives analysis shall consider alternative locations and designs for the proposed facility, including those which would not require a conditional use permit. At a minimum, alternatives included in the analysis shall include:

a.

Collocation at all existing communication facilities whether in the incorporated area of the city, an adjacent city or the county;

b.

Lower, more closely spaced communication facilities; and

c.

Mounting on any existing non-residential structure within one-half (½) mile of the proposed facility in the incorporated area of the city. The alternatives analyzed shall be approved by the community development director. The analysis shall also explain why siting within the unincorporated area is not possible.

(2)

Findings. The alternatives analysis shall show whether or not the proposed siting and design would have the least possible environmental and visual effects on the community and whether any alternative site or design is available that would allow for issuance of a conditional use permit by the administrative committee.

(3)

Review. The community development director may, at his/her discretion, employ on behalf of the city an independent technical expert to review the alternatives analysis. The operator shall bear all costs for the review.

(Ord. No. 24-03, § 2, 9-17-24)

For a facility requiring review before the planning commission and located within two (2) miles of a designated scenic highway, a visual analysis shall be prepared by or on behalf of the operator, as described in this section. This visual analysis shall demonstrate compliance with provisions of the city's general plan.

(1)

Contents. At a minimum, the visual analysis shall include the following:

a.

A map of the visual units (as defined in the scenic highway element) from which the proposed facility will be visible.

b.

A map of foreground and distant view components.

c.

A narrative discussion of the visual impact of the proposed facility based on the items above.

(2)

Findings. The visual assessment shall compare the proposed facility's visual impacts to the criteria contained in the general plan. It shall make conclusions as to whether the facility would comply with the general plan and suggest changes to the facility that would make it more compatible with the general plan.

(Ord. No. 24-03, § 2, 9-17-24)

In addition to any information required for all applications for conditional use permits pursuant to this division and chapter 29, applicants for a conditional use permit for a tower shall submit the following information:

(1)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and base zoning, adjacent land uses and zoning (including when adjacent to other municipalities), general plan designation of the site and all properties, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the community development director to be necessary to assess compliance with this division.

(2)

Legal description of the parent tract and leased parcel (if applicable).

(3)

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(4)

The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of existing tower(s).

(5)

A landscape plan showing specific landscape materials and areas to be landscaped, method of irrigation and description of how landscaping would be maintained.

(6)

Method of fencing and finished color, and if applicable, the method of camouflage and illumination.

(7)

A description of compliance with section 29-260, as well as the provisions of all other applicable federal, state and city ordinances.

(8)

A notarized statement by the applicant as to whether the construction of the tower will allow the collocation of additional antennae for future users.

(9)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the city, other incorporated cities in the county, and the county.

(10)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures.

(Ord. No. 24-03, § 2, 9-17-24)

To the extent necessary to ensure compliance with adopted FCC regulations regarding human exposure to RF emissions, or upon the recommendation of the community development director, the operator shall modify the placement of the facilities; install fencing, barriers or other appropriate structures or devices to restrict access to the facilities; install signage in English and Spanish, including the radio-frequency hazard warning symbol identified in ANSI C95.2-1982 and multi-lingual warnings if deemed necessary by the community development director to notify persons that the facility could cause exposure to RF emissions; and/or implement any other practice reasonably necessary to ensure that the facility is operated in compliance with adopted FCC RF emission standards.

(Ord. No. 24-03, § 2, 9-17-24)

If the FCC RF emission standards are modified, the operator shall ensure that the facility is reevaluated for compliance with the new standards, and a re-certification statement prepared by a radio-frequency exposure professional shall be submitted by the operator to the community development director prior to the effective date of the new FCC RF emission standards. For an amateur radio station facility, selfcertification of compliance by the amateur radio station license is acceptable if permitted by FCC regulations and conducted under standards and procedures set forth by the FCC.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

General term. Permits for communication facilities issued under these regulations, with the exception of any permit for a wireless telecommunications facility, shall generally be valid for three (3) years, unless such term is changed through the permitting process.

(b)

Revocation. If the conditions of a conditional use permit granted under this division are not complied with, the conditional use permit may be revoked pursuant to this chapter.

(c)

Renewal. All permits, regardless of the method by which they were originally given, may be extended administratively by the administrative committee upon verification of the permit holder's continued compliance with the findings and conditions of approval under which the application was originally approved. As a part of the renewal process, the community development director or his/her designee may require submission of certification by a radio-frequency exposure professional that the facility is being operated in accordance with all applicable FCC standards for RF emissions. At its discretion, the administrative committee may require a public hearing for renewal of a permit for a communication facility under a conditional use permit procedure, excluding proposed collocation facilities described in subsection 29-259(a).

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Facilities permitted prior to adoption of these regulations. Communication facilities that obtained valid permits from the city and/or were constructed prior to the enactment of this division are not subject to these regulations. However, facilities that require renewal will be renewed under these regulations, and any facilities operating with existing permits, or facilities that are not permitted and require or which are proposed for modification must acquire new permits under these regulations. The administrative committee and/or the planning commission in making its determination on the applicability of anyone or all of these sections shall take into consideration the technical feasibility of the compliance required. To that extent the administrative committee and/or the planning commission shall have the latitude to consider alternatives that are reasonable, that would affect similar compliance and that provide for uniform application to all similar facilities. For existing wireless telecommunications collocation facilities on which a subsequent collocation facility is a permitted use subject to a building permit pursuant to section 29-259(a), a conditional use permit shall not be required.

(b)

Not expansion of nonconforming use. Towers that are constructed and antennae that are installed in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

(c)

Rebuilding damaged or destroyed nonconforming towers or antennae. Notwithstanding section 29-269(b), bona fide nonconforming towers or antennae that are damaged or destroyed may be rebuilt without having

to first obtain administrative approval or a conditional use permit. The type, height and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the current applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.

(Ord. No. 24-03, § 2, 9-17-24)

The provisions of this ordinance are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this ordinance, or the application thereof, to any person, establishment or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this ordinance.

(Ord. No. 24-03, § 2, 9-17-24)