Fontana Municipal Code Art. I In General

The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use (collocation) of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, now and in the future; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas 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 of communication towers; (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and (10) promote the planned and managed development of telecommunications infrastructure through collocation and public right-of-way standards. In furtherance of these goals, the city shall give due consideration to the City of Fontana General Plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

Furthermore, it is the stated goal of the city that these local restrictions and regulations shall not preclude the reception of acceptable signal quality, create an unreasonable delay, or unreasonably increase the cost of installing, maintaining and using these facilities. It is also the stated intent of this chapter to provide a public forum to insure a balance between public concerns and private interest in establishing telecommunication and related facilities.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1620, § 6(Exh. A), 6-23-10)

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

Administrative site plan review (ASP) means an approval which may be granted by the director of community development that authorizes the recipient to make use of property in accordance with the requirements of this section, as well as any additional requirements imposed by the director of community development as conditions of approval of a particular telecommunication tower and/or antenna.

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

Antenna means any exterior transmitting or receiving device mounted on a tower, building structure, or alternative tower structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

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

Collocation means the placement or installation of one or more antennas for more than one provider on a single tower or structure on a single lot.

Collocation facility means an antenna that has been collocated consistent with the meaning of "collocation" as defined above. It does not include the initial installation of a new tower or structure that will support multiple collocation facilities.

Community character means those unique attributes including, but not limited to, architecture, historical and cultural features, historical development patterns, landscape, hardscape, and the size, scale and spacing of buildings and other structures that define a community's identity.

Community development director means the city's director of community development or his or her designee.

Complete application means an application for development completed as specified by ordinance and the rules and regulations of the approving authority and the provisions of all required documents.

Conditional use permit (CUP) means an approval which may be granted by the planning commission that authorizes the recipient to make use of property in accordance with the requirements of this section, as well as any additional requirements imposed by the planning commission as conditions of approval of a particular telecommunication tower and/or antenna.

Development approval means the approval of an administrative site plan and/or conditional use permit for a tower or antenna application.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

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

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

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication 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. The term includes the structure and any support thereto.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1603, § 6, 7-22-09; Ord. No. 1620, § 6(Exh. A), 6-23-10)

(a) New towers and antennas. All new towers or antennas in the city shall be subject to these regulations, except as provided in sections 32-3(b) through section 32-3(f), inclusive.

(b) Amateur radio station operators/receive only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under 75 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. Refer to article II of this chapter.

(c) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of sections 32-4(f) and 32-4(g).

(d) AM array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one 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.

(e) Collocation facilities. Collocation facilities that meet the requirements of section 32-5 shall only be subject to the requirements of that section.

(f) Reconstruction of existing towers and antennas. Existing towers and antennas that require routine maintenance or repair from damage caused by external elements such as wind, flood, fire, earthquake, natural deterioration, or other similar occurrences that would compromise the structural integrity, do not have to meet the requirements of this section as long as the tower or antenna is reconstructed to its original condition with no change to the height, setback, placement, and aesthetic appearance. Reconstruction of the preexisting tower or antenna that includes a change in height, setback, placement, or aesthetic appearance requires approval of a CUP and/or ASP.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1620, § 6(Exh. A), 6-23-10)

A proposal for all new towers and antennas shall be processed upon the application of the property owner(s) or its agent, subject to the following requirements:

(a) Applicant shall file a completed development application for a conditional use permit (CUP) and/or an administrative site plan review (ASP) with the community development department in a manner prescribed by the director of community development.

(b) In addition to the requirements outlined in the appropriate application form, an application for a CUP and/or ASP shall contain sufficient information to allow the community development department, planning commission, and/or city council to act on the tower or antenna proposal.

(c) Applicant shall pay all applicable application fees as provided by resolution of the city council.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)

(a) Within 30 calendar days of receipt of an application for a CUP and/or ASP, the city shall determine whether the requisite submittal requirements have been complied with and written notification of the city's determination shall be mailed to the applicant (s).

(1) An application for a CUP and/or ASP determined to be complete shall be issued a notice of complete submittal.

(2) Should the city determine that the application is incomplete; the city shall issue a written notice of incomplete submittal. The city shall not process an incomplete application until the applicant has modified the previously submitted application to contain the information stated on the notice of incomplete submittal and the city has then determined that the resubmitted application is complete.

(b) Within 30 calendar days of receipt of a resubmitted application for a CUP and/or ASP, the city shall determine whether the applicant has complied with the requisite submittal requirements and shall provide written notification to the applicant of the city's determination of whether the resubmitted application is complete.

(c) The city's issuance of a notice of complete submittal does not constitute the filing of a CUP and/or ASP application. An application for a CUP and/or ASP shall not be deemed filed until the applicant has submitted sufficient information for staff to prepare an initial study to determine whether the proposed wireless telecommunications facility may have a significant effect on the environment. Upon the city's determination that the applicant has provided sufficient information and completion of an initial study, the city shall provide the applicant written notice of official filing. Timelines to file the additional environmental information shall be governed by the California Environmental Quality Act (CEQA).

(d) The city shall not take any action to approve or deny a CUP and/or ASP application until the city has issued the written notice of complete application submittal, notice of official filing and the applicant has paid all required fees to the city. Upon the city's issuance of a notice of complete application submittal, notice of official filing, and receipt of all required fees, the city shall either approve or deny:

(1) A development permit for any collocation application within 90 days, or

(2) A development permit for any other tower or antenna application within 150 days.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)

The following requirements apply to all towers and antennas regardless of the zoning district in which they are located. These general standards are to be supplemented with any specific regulation(s) for residential and non-residential districts set forth in chapter 30 of this Code, as amended from time to time.

(a) Principal or accessory use. Antennas and towers may be considered as 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.

(b) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district 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 antennas or towers may be located on leased parcels or portions within such lot.

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

(d) Aesthetics. Towers and antennas shall meet the following requirements:

(1) 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 obtrusiveness.

(2) 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. All alternative tower structures and facilities shall be designed to visually and operationally blend into the surrounding area in a manner consistent with community character and existing development. The facility shall also be appropriate for the specific site, and should not stand out from its surrounding environment.

(3) 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.

(4) Facade-mounted antennas shall be architecturally integrated into the building and/or structure design and otherwise made as unobtrusive as possible to the satisfaction of the director of community development. Where possible, antennas shall be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas shall not extend more than 24 inches out from the building, and/or structure facade.

(e) 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.

(f) 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 antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(g) 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 Alliance, 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(h) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

(i) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(j) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises, if any, required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the director of community development prior to final building inspection.

(k) Public notice. For purposes of this chapter, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in section 32-7(b)(6)(ii), Table 32-7.B, in addition to any notice otherwise required by chapter 30 of this Code.

(l) Signs. No detachable signs, or advertising devices, shall be allowed on an antenna or tower, other than certification, warning, or other required seals or legally required signage.

(m) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 32-8.

(n) Multiple antennas/tower plan. The city encourages the applicants for towers and antennas 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 in compliance with the Permit Streamlining Act.

(o) Public right-of-way. No person shall install or maintain any tower or antenna which in whole or in part rests upon, in or over the public right-of-way without first obtaining approval of an administrative site plan pursuant to section 32-6 of this Code. Additionally, towers and antennas located in the public or private right-of-way or easement shall be subject to the provisions of this Code and shall require the approval of an encroachment permit by the city engineer. No such tower or antenna shall be permitted or constructed in the right-of-way unless and until the applicant has entered into an agreement with the city specifying the use of the property, required maintenance and repair, reimbursements to the city for costs associated with the proposed use, and such other terms as the city may require. Applicants shall also agree to indemnify, hold harmless, and defend the city from any liability arising out of its administrative site plan review and approval and shall provide the city with a certificate of insurance of general commercial liability insurance for an amount as required by the city engineer, naming the city as an additional insured. The insurance shall be placed with a company satisfactory to the city engineer; the certificate of insurance shall be filed with the city's management services department.

(p) Maintenance standards. The tower or antenna operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to regular cleaning, painting, and general upkeep and maintenance of the site and structure.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1603, § 6, 7-22-09; Ord. No. 1620, § 6(Exh. A), 6-23-10)

(a) Collocation facilities not requiring a CUP and/or ASP. In accordance with Government Code § 65850.6, an application for a collocation facility shall not be subject to the standards, requirements and procedures applicable to new towers and antennas contained in any other section of this chapter if the collocation facility satisfies the requirements of Government Code § 65850.6, as amended from time to time.

(b) Permit requirement for collocation facilities not requiring a CUP and/or ASP. Applications for collocation facilities not requiring a CUP and/or ASP shall be subject to building permit approval. Prior to issuance of a building permit for a collocation facility, the applicant shall demonstrate compliance with the underlying CUP and/or ASP and any conditions of approval by filing a completed application for administrative review with the community development department in a manner prescribed by the director of community development. Upon submission of any application for administrative review, the applicant shall pay a non-refundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)

Editor's note— Prior to the reenactment of section 32-5 by Ord. No. 1620, Ord. No. 1603, § 6, adopted July 22, 2009, repealed § 32-5 in its entirety. Formerly, § 32-5 pertained to permitted uses, and derived from Ord. No. 1223, § 7, adopted August 5, 1997.

(a) General. The following provisions shall govern the issuance of administrative approvals for towers and antennas:

(1) The director of community development may administratively approve the uses listed in this section.

(2) Each applicant for administrative site plan review shall apply to the director of community development, providing the information set forth in sections 32-7(b)(1) and 32-7(b)(3) of this chapter and a nonrefundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.

(3) The director of community development, or his/her designee, shall review the application for administrative site plan review, and determine if the proposed use complies with sections 32-4, 32-7(b)(4) and 32-7(b)(5) of this chapter.

(4) Reserved.

(5) In connection with any such administrative site plan review, the director of community development may, in order to encourage shared use, administratively waive any zoning district setback requirements in section 32-7(b)(5) or separation distances between towers in section 32-7(b)(6) by up to 50 percent.

(6) In connection with any such administrative site plan review, the director of community development may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(7) If an administrative site plan is denied, the applicant may file an application for appeal pursuant to section 33-33.

(b) List of administratively approved uses. The following uses may be approved by the director of community development or designee, after conducting an administrative site plan review:

(1) Antennas or towers located on property owned, leased, or otherwise controlled by the city provided a license or lease authorizing such antenna or tower has been approved by the city.

(2) New towers in industrial zoning districts. Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial zoning district provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users, if any, proposed by the applicant; the director of community development concludes the tower is in conformity with the goals set forth in section 32-1 and the requirements of section 32-4; the tower meets the setback requirements in section 32-7(b)(5) and separation distances in section 32-7(b)(6); and the tower meets the following height and usage criteria:

(3) Locating antennas on existing structures or towers consistent with the terms of subsections a. and b. below.

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

i. The antenna does not extend more than 30 feet above the highest point of the structure; not to exceed 75 feet in height for single users and not to exceed 100 feet in height for collocation.

ii. The antenna complies with all applicable FCC and FAA regulations; and

iii. The antenna complies with all applicable building codes.

b. Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the director of community development and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one 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:

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

ii. Height.

(a) An existing tower may be modified or rebuilt to a taller height, not to exceed, a maximum of 100 feet, to accommodate the collocation of an additional user.

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

(c) The additional height referred to in subsection ii.(a) shall not require an additional distance separation as set forth in section 32-1. The tower's premodification height shall be used to calculate such distance separations.

iii. Onsite location.

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

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

(c) A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to section 32-7(b)(6).

(d) The onsite relocation of a tower which lies within the separation distances to residential units or residentially zoned lands as established in section 32-7(b)(6) shall only be permitted when approved by the director of community development.

(4) Locating any alternative tower structure in a zoning district other than industrial that in the judgment of the director of community development is in conformity with the goals set forth in section 32-1 of this chapter.

(5) Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(6) Locating towers or antennas in the public and/or private right-of-way or easement subject to the following exception:

(a) No person shall install, use or maintain any tower or antenna which in whole or in part, rests, projects onto, impedes, and/or physically and/or visually obstructs any part of the roadway, public street, public sidewalk, or parkway, when such installation, use, or maintenance, endangers the safety of persons or property or when such tower or antenna unreasonably interferes or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, or the ingress into or egress from any residence or place of business.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1603, § 6, 7-22-09; Ord. No. 1620, § 6(Exh. A), 6-23-10)

(a) General. The following provisions shall govern the issuance of a conditional use permit (CUP) and administrative site plan review (ASP) for towers or antennas by the planning commission:

(1) If the tower or antenna is not permitted to be approved administratively pursuant to section 32-6 of this chapter, then a conditional use permit (CUP) and administrative site plan review (ASP) shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

(2) Applications for a CUP and ASP under this section shall be subject to the procedures and requirements of chapter 30, article II, division 7, and chapter 30, article II, division 3, of this Code, except as modified in this section.

(3) In granting a CUP and ASP, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

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

(5) An applicant for a CUP and ASP shall submit the information described in this section and a non-refundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.

(b) Towers.

(1) Information required. In addition to any information required for applications, pursuant to chapter 30 of this Code, applicants for a CUP and ASP for a tower shall submit the following information:

a. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), general plan classification of the site and all properties within the applicable separation distances set forth in section 32-7(b)(6), 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 director of development community to be necessary to assess compliance with this chapter.

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

c. The setback distance between the proposed tower and the nearest residential unit.

d. The separation distance from other towers described in the inventory of existing sites submitted pursuant to section 32-4(c) 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 the existing tower(s), if known.

e. A landscape plan showing specific landscape materials.

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

g. A description of compliance with sections 32-4(c), (d), (e), (f), (g), (j), (l), and (m), 32-7(b)(4), 32-7(b)(5), 32-7(b)(6) and all applicable federal, state or local laws.

h. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

i. 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 municipality.

j. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

k. A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

l. Any other information required by the director of community development to process the application in a manner consistent with this Code, and with future local and state laws, including but not limited to the California Environmental Quality Act (CEQA).

(2) Factors considered in granting a CUP and ASP for towers. In addition to any standards for consideration of CUP and ASP applications and pursuant to chapter 30 of this Code, the planning commission shall consider the following factors. The planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this chapter are better served thereby by making the appropriate findings for a variance as required in section 30-55 of this Code:

a. Height of the proposed tower;

b. Proximity of the tower to residential structures and residential district boundaries;

c. Nature of uses on adjacent and nearby properties;

d. Surrounding topography;

e. Surrounding tree coverage and foliage;

f. Design of the tower including the equipment cabinet or structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g. Proposed ingress and egress; and

h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in section 32-7(b)(3) of this chapter.

(3) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the planning commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alterative technology can accommodate the applicant's proposed antenna may consist of any or all of the following:

a. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4) Height. The following height requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the planning commission may increase the height limitation requirements if the goals of this chapter would be better served thereby:

a. For a single user, up to 75 feet in height;

b. For two or more users, up to 100 feet in height.

(5) Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the planning commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby:

a. Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

b. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

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(6) Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the planning commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby.

a. Separation from off-site uses/designated areas:

i. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 32-7.A., except as otherwise provided in Table 32-7.A.

ii. Separation requirements for towers shall comply with the minimum standards established in Table 32-7.A.

Table 32-7.A.

1 Includes modular homes and mobile homes used for living purposes. 2 Separation measured from base of tower to closest building setback line. 3 Includes any residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

b. Separation distances between towers.

i. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 32-7.B.

Table 32-7.B. Existing Towers - Types

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(7) Security fencing. Towers shall be enclosed by security fencing (chain link or wrought iron) not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the planning commission may waive such requirements, as it deems appropriate.

(8) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this ordinance would be better served thereby:

a. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(9) Special use requirements. Special use requirements shall be imposed as conditions of approval on any CUP and ASP granted pursuant to this section to ensure compliance with the intent of this chapter, to implement the required standards and findings of this section, and to protect the public health, safety, general welfare, and aesthetics of the community. All special use requirements shall be observed throughout the duration of the CUP and ASP. Special use requirements shall include, but shall not be limited to the following:

a. Towers, antennas or tower structures shall not be located in a required parking stall, vehicle maneuvering area or vehicle/pedestrian circulation area if such location would interfere with, or in anyway impair, the utility, intended function of, or circulation through such area or reduce the number of parking stalls to less than that required by chapter 30 of this Code.

b. If a flagpole is used for camouflaging a tower, antenna, or tower structure, flags must be flown and must be properly maintained at all times.

c. All landscaping shall be maintained at all times.

d. Any graffiti on a tower, antenna or tower structure shall be removed promptly in accordance with the city's regulations. Graffiti on any tower, antenna or tower structure in the public right-of-way must be removed within 48 hours of notification.

e. All tower and antenna sites shall be kept clean and free of liter.

f. Equipment cabinets shall display a legible operator's contact number for reporting maintenance problems.

g. Cabinets and other equipment shall not impair pedestrian use of sidewalks or other pedestrian pathways, nor inhibit activities on designated public or private trail systems and shall be screened from the sidewalk by landscaping, under grounding, or other means, excluding new walls and fences.

h. Maintenance vehicles servicing a tower, antenna, or tower structure located in the public or private right-of-way shall not park on the traveled way or in a manner that would obstruct traffic.

i. In addition to the special use requirements enumerated above, the planning commission or director of community development may impose any additional requirement as a condition of approval to ensure compliance with the intent of this chapter, to implement the required standards and requirements of this section, and to protect the public health, safety, general welfare, and aesthetics of the community.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1603, § 6, 7-22-09; Ord. No. 1620, § 6(Exh. A), 6-23-10)

Editor's note— Ord. No. 1620, § 6(Exh. A), adopted June 23, 2010, changed the title of section 32-7 from "Conditional use permits" to "Conditional use permit and administrative site plan review." The historical notation has been preserved for reference purposes.

The planning commission shall approve any application subject to its jurisdiction, if the following findings are made:

(1) The proposal meets or exceeds the criteria contained in this chapter and is consistent with the general plan and the applicable land use designations.

(2) That the site for the intended use is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the use and all the required provisions of this chapter.

(3) The proposal of the tower and/or antenna is in its design and appearance consistent with the development and design of the surrounding structures and neighborhood.

(4) That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the area as intended by the general plan.

(5) That adequate streets and highways exist to carry the type and quantity of traffic anticipated to accommodate access for maintenance and/or service vehicles.

(6) The planning commission shall make those findings enumerated in this section, as amended from time to time, prior to approving any CUP pursuant to this chapter.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)

The director of community development shall approve any application subject to its jurisdiction, if the following findings are made:

(1) The proposal meets or exceeds the criteria contained in this chapter and is consistent with the general plan and the applicable land use designations.

(2) That the site for the intended use is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the use and all the required provisions of this chapter.

(3) The proposal of the tower and/or antenna is in its design and appearance consistent with the development and design of the surrounding structures and neighborhood.

(4) That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the area as intended by the general plan.

(5) That adequate streets and highways exist to carry the type and quantity of traffic anticipated to accommodate access for maintenance and/or service vehicles.

(6) The director of community development shall make those findings enumerated in this section as amended from time to time, prior to approving any ASP pursuant to this chapter.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)

(a) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

(1) The cabinet or structure shall not contain more than 350 square feet of gross floor area or be more than 11 feet in height.

(2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten percent of the roof area. As with all roof mounted equipment, this equipment must be screened from view of any public right-of-way.

(3) Equipment storage buildings or cabinets shall comply with all applicable city building codes and standards.

(b) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(1) In residential districts of at least one acre in size, the equipment cabinet or structure may be located:

a. In a front or side yard provided the cabinet or structure is no greater than three feet in height and nine square feet in area and the cabinet/structure is located a minimum of 25 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42—48 inches and a planted height of at least 36 inches.

b. In a rear yard, provided the cabinet or structure is no greater than six feet in height and 35 square feet in area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of six feet and a planted height of at least 36 inches.

(2) In commercial or industrial districts the equipment cabinet or structure shall be no greater than eight feet in height and 100 square feet in area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(c) Antennas located on towers. The related unmanned equipment structure shall not contain more than 350 square feet of gross floor area or be more than 11 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located. The unmanned equipment structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(d) Modification of building size requirements. The requirements of subsections 32-8(a) through (c) may be modified by the director of community development in the case of administratively approved uses or by the planning commission in the case of uses permitted by conditional use to encourage collocation.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1603, § 6, 7-22-09)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of written notice from the city notifying the owner of such abandonment. If the owner does not remove the equipment or does not request a hearing before the director of community development on the issue of whether the equipment is abandoned and subject to removal, the city may remove the equipment and store it in a secure location. The owner shall have 14 days from the date city provides the owner with written notice of removal of the equipment and notification of the current location of equipment, to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, city may dispose of the equipment in accordance with the city's existing policy for disposal of abandoned or lost property.

Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1603, § 6, 7-22-09)

(a) No expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b) Preexisting towers. Installed towers preexisting the effective date of this chapter shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.

(c) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding section 32-9, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval under this chapter or a conditional use permit under this Code and without having to meet the separation requirements specified in sections 32-7(b)(5) and 32-167(b)(6) of this chapter. 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 then applicable building codes and shall be obtained within 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 as specified in section 32-9.

(Ord. No. 1223, § 7, 8-5-97)

Any conditional use permit and administrative site plan approval granted pursuant to the provisions of this chapter, is conditioned upon the permittee establishing the proposed use and reliance upon said use within two years of the effective date of the city's approval. No permittee shall obtain any right solely by reason of the city's approval and issuance of a conditional use permit and/or administrative site plan, unless and until the permittee has evidenced the proposed use and its reliance upon said use.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)