Chapter 8 — RADIO FREQUENCY EXPOSURE REVIEW

An RF environmental evaluation report shall be prepared for any proposed communication facility meeting the specifications below. In order for a proposed facility that requires an RF environmental evaluation report to be approved, the report must demonstrate that RF emissions from the facility in combination with existing RF emissions from nearby facilities will meet the current FCC adopted exposure standard.

A.

Facilities Requiring an RF Environmental Evaluation Report. Wireless communication facilities meeting any of the following criteria require an RF environmental evaluation report before they may be permitted under these regulations:

1.

Facilities described in Table 1 Section 1.1307 "Transmitters, Facilities and Operations Subject to Routine Environmental Evaluation" of the FCC Rules and Regulations, 47 C.F.R. § 1.1307, or any superseding regulation.

2.

Facilities proposed to be installed within fifty (50) feet of an existing communication facility.

3.

Facilities with one or more antenna to be installed less than ten (10) feet above any area that is accessible to untrained workers or the public.

B.

Evaluation Report Requirements. The RF environmental evaluation report shall meet the following requirements:

1.

The RF environmental evaluation report is subject to approval of the planning director.

2.

The RF environmental evaluation report shall be prepared by a radio frequency exposure professional.

3.

The RF environmental evaluation report shall explicitly state that "operation of the proposed facility in addition to other ambient RF emission levels will not exceed current FCC-adopted standards with regard to human exposure in controlled and uncontrolled areas as defined by the FCC."

4.

Assumptions utilized for the calculations of RF exposure shall be conservative in nature and at a minimum be in accordance with the most recent FCC guidance on assessment of RF exposures.

5.

The RF environmental evaluation report shall compare RF measurements and/or calculations of RF exposure to the applicable FCC exposure standard. The comparison shall include the power density in micro-watts per square centimeter and as a percentage of the applicable FCC exposure standard.

RF field measurements of power density of the proposed facility and/or surrounding facilities are required to be included in the RF environmental evaluation report when:

a.

Adequate technical information regarding other wireless communication facilities that may substantially contribute to RF exposure at the subject site is unavailable;

b.

Calculations of RF exposure indicate the possibility of exposures in excess of the FCC exposure standard; or

c.

So directed by the planning director because of concerns about the number of nearby facilities.

7.

All required RF field measurements shall be performed by a radio frequency exposure professional. Evidence must be submitted showing that the testing instrument(s) used were calibrated within their manufacturer's suggested periodic calibration interval, and that the calibration is by methods traceable to the National Institute of Standards and Technology. Measurements shall be performed in compliance with FCC guidance regarding the measurement of RF emissions and shall be conducted during normal business hours on a nonholiday weekday.

8.

The planning director or his/her designee may monitor the performance of testing required for preparation of the RF environmental evaluation report. The cost of such monitoring shall be borne by the operator.

9.

For an amateur radio station facility, self-certification 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. 1504, §§ 81, 82, 12-9-14)

Chapter 9 - TOWERS

92409.01 - Information required.

In addition to any information required for applications for conditional use permits pursuant to this division and Title 9, applicants for a conditional use permit 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 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, elevations drawings of the proposed tower and any other structures, topography, parking and other information deemed by the planning director to be necessary to assess compliance with this ordinance.

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, platted residentially zoned properties, and unplatted residentially zoned properties.

D.

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 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 Section 92401.04, as well as the provisions of Title 9, and all other applicable federal, state or local laws.

H.

A notarized statement by the applicant as to whether the construction of the tower will accommodate the 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 county.

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.

(Ord. No. 1504, §§ 81, 82, 12-9-14)

Chapter 10 - MODIFICATIONS TO FACILITIES

To the extent necessary to ensure compliance with adopted FCC regulations regarding human exposure to RF emissions, or upon the recommendation of the planning 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, including the radio-frequency hazard warning symbol identified in ANSI C95.2-1982 and multi-lingual warnings if deemed necessary by the planning 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. 1504, §§ 81, 82, 12-9-14)

Chapter 11 - CHANGES TO FCC STANDARDS

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 recertification statement prepared by a radio frequency exposure professional shall be submitted by the operator to the planning director prior to the effective date of the new FCC RF emission standards. For an amateur radio station facility, self-certification 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. 1504, §§ 81, 82, 12-9-14)

Chapter 12 - LIFE OF APPROVAL

92412.01 - Life of approval.

A.

General Term. Permits for communication facilities issued under these regulations shall generally be valid for three years, unless such term is changed through the permitting process.

B.

Co-located Facilities. A permit for a new co-located facility at a facility with an existing permit that has more than three years remaining on it shall have the same term as the existing permit. If a permit is issued for a new co-located facility at a facility with an existing permit that has less than three years remaining on it, than the existing permit shall be extended to the same term as the new permit.

C.

Revocation. If the conditions of a conditional use permit granted under this division are not complied with, the use permit may be revoked pursuant to Title 9 of the Codified Ordinance of the county of Imperial.

D.

Renewal. All permits, regardless of the method by which they were originally given, may be extended administratively by the planning director or his/her designee upon verification of the permit-holder's under which the application was originally approved. As a part of the renewal process, the planning 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 his/her discretion, the planning director or his/her designee may require a public hearing for renewal of a permit for a communication facility under a conditional use permit.

(Ord. No. 1504, §§ 81, 82, 12-9-14)

Chapter 13 - FACILITIES IN EXISTENCE PRIOR TO ADOPTION OF THESE REGULATIONS

92413.01 - Telecommunication facilities in existence prior to adoption of these regulations.

A.

Telecommunication facilities that obtained valid permits from Imperial County and/or were constructed prior to the enactment of the regulations codified in this division, and that do not require renewal or modification, are not subject to these regulations.

B.

Telecommunication facilities that require renewal will be renewed under the regulations of this division, and any telecommunication facilities operating with existing permits, or telecommunication facilities that are not permitted and require or which are proposed for modification must acquire new permits under these regulations.

C.

The planning director and/or the planning commission, in making its determination on the applicability of this section, shall take into consideration the technical feasibility of the compliance required. To that extent, the planning director 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.

(Ord. No. 1504, §§ 81, 82, 12-9-14; Ord. No. 1521, §§ 11, 12, 10-24-17)

92413.02 - Expansion of a nonconforming telecommunication facility.

A.

The modification of an existing nonconforming telecommunication facility shall not be deemed to constitute the expansion of a nonconforming use or structure, so long as such modification:

1.

Does not alter the type, height, or location of the telecommunication facility;

2.

Does not substantially alter the intensity of use of the telecommunication facility; and

Is done in accordance with the regulations of this division and other applicable local, state, and federal laws.

B.

The determination of whether a modification of a nonconforming telecommunication facility constitutes the expansion of a nonconforming use or structure shall be at discretion of the planning director. Any decision made by the planning director pursuant to this section may be appealed to the planning commission. Any such appeal shall follow the procedures specified within Chapter 4 of Division 1 of Title 9 of the codified ordinances of Imperial County.

C.

This section serves as a limited and temporary exception to those sections of the codified ordinances of Imperial County governing the expansion of nonconforming uses and structures. A modified nonconforming telecommunication facility shall be subject to all other applicable constraints and prohibitions governing nonconforming uses and structures. This section shall in no way, remove, cure, or otherwise resolve the nonconforming status of a telecommunication facility.

(Ord. No. 1521, §§ 11, 12, 10-24-17)

92413.03 - Damage, destruction, and replacement of nonconforming telecommunication facilities.

A.

Nonconforming telecommunication facilities 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 repaired or replaced telecommunication facility shall be of the same type and intensity as the original telecommunication facility.

B.

Building permits to rebuild a damaged/destroyed telecommunication facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no building permit is obtained, or if the building permit expires, the telecommunication facility shall be deemed abandoned.

(Ord. No. 1521, §§ 11, 12, 10-24-17)

92413.04 - Time extensions for nonconforming telecommunication facilities.

A.

Notwithstanding any other section of the codified ordinances of Imperial County, an extension of time for a nonconforming telecommunication facility may be granted by the planning commission, after a noticed public hearing, if the following conditions have been met:

1.

The telecommunication facility was originally approved through the issuance of a valid conditional use permit;

The telecommunication facility, through no fault of the landowner or developer, has become a nonconforming use or structure as defined in Chapter 5 of Division 1 of Title 9 of the codified ordinances of Imperial County;

3.

Notwithstanding its designation as a nonconforming use or structure, the telecommunication facility has no history of noncompliance with or violation of any applicable conditional use permit, variance, license, approval, or any other federal, state, or local laws, rules, policies, or procedures;

4.

The granting of an extension of time for the nonconforming telecommunication facility will not infringe upon or interfere with surrounding landowners' use and enjoyment of their land; and

5.

Any other lawful condition or requirement that may be deemed relevant.

B.

The granting of an extension of time for a nonconforming telecommunication facility under this section shall be at the discretion of the planning commission. Any decision made by the planning commission pursuant to this section may be appealed to the board of supervisors. Any such appeal shall follow the procedures specified within Chapter 4 of Division 1 of Title 9 of the codified ordinances of Imperial County.

C.

The granting of an extension of time for a nonconforming telecommunication facility shall act as a limited and temporary exception to those sections of the codified ordinances of Imperial County governing the extension of nonconforming uses and structures. A nonconforming telecommunication facility that has been granted a time extension shall be subject to all other applicable constraints and prohibitions governing nonconforming uses and structures. The granting of an extension of time made pursuant to this section shall in no way, remove, cure, or otherwise resolve the nonconforming status of a telecommunication facility.

(Ord. No. 1521, §§ 11, 12, 10-24-17)