Article IV — General Requirements — Imperial Zoning Code

26-6. General Requirements. All new, altered and re-permitted communication
- facilities in City of Imperial, with the exception of those exempted under Section 26-5, shall meet the following general requirements, regardless ofthe zone in which they are located: : it for yt ‘ ! oo |
- a) Zones. Wireless communication facilities may be located in all base zones which allow such facilities, upon approval of a conditional use
- . permit as described below.
b) Use Permit Required. All wireless communication facilities and all wired or fiber regeneration facilities other than those designated as
. exempt under Section 26-5 require a conditional use permit (CUP). To obtain a conditional use permit, a hearing is required before either
, . | the Planning Director or the Planning Commission, as provided for in | Title 9. | c) Building Permit Required. All communication facilities shall require a : building permit issued by the City of Imperial. | d) Design Consistency with the Surrounding Environment. To the | maximum extent feasible, all wireless communication facilities and all | regeneration facilities shall blend in with the predominant features of | | 2 oo

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the existing natural and/or built environments in-which they are located: To this end, co-location, stealth mounts, structure mounts and ground mounts are particularly encouraged.
e) Height. All communication facilities shall conform to the following height requirements: Dn , ita tht
1. All communication facilities shall be of the minimum functional height, with additional provisions for co-location, as allowed in the respective base zone unless a variance is approved concurrent with a CUP. (For example, if the number of co-
oO locators that a particular facility is designed for is 4 and the required height is 80 feet, then the allowed height of the facility would be 110 feet and ifit is 5 co-locators, then it would be120 feet).
1. All communication facilities constructed within 3/4 mile of a designated scenic corridor :(as designated by the City of
. imperial General Plan) shall conform with the height limit in the zone in which they are located. New facilities that are colocated with an existing facility may exceed their zone’s height limit, provided that the installation of the new facility does not require a height increase of the existing facility.
- 1. Outside of the %4-mile range of a designated scenic corridor, communication facility, except an exempt facility, may exceed 120 feet. A bonus of 20:additional feet perifacility, up ito a maximum height of 300 feet, is permissible for operators colocating on a single facility.
- 1. No roof-mounted wireless communication facility, except an exempt facility, may be more than 12 feet taller than the roof of the building on which it is mounted, unless facility is Tully screened and height does not exceed height permitted by - applicable zoning code.
1. \f an operator wishes to:apply for an exception to these height limitations, then the facility shall be subject to the provisions at Title 9 relating to conditional use permits and variances hearing processes.
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f) Screening. All communication facilities shall be screenedto the - maximum extent possible, pursuant to the following requirements: 1) Ground- and tower-mounted antennas and all sound structures
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| sHall bé 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 Planning Department having addressed the visual impacts, which in some instance may, in fact, warrant no screening. . mo, ae |
_ 2) The projection of structure-mountéd antennas from the face of the structure to which they are'attached shall be minimized.
. 3) Roof-mounted antennas 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 antennas are fully screened. For roof-mounted antennas, 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 flushion the outside of the parapet wall of an existing building and painted to match the exterior of
- the. building may be allowed.

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g) 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.
h) Cabling. For structure-mounted antennas, all visible cabling between equipment and antennas 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. All cabling shall be performed in accordance with
the NEC (National Electrical Code).
| i) . Painting and Lighting. All facilities shall be painted or constructed of : materials to minimize visual impact. All towers shall be painted in a | ; non-reflective and preferably earth tone colors. All towers shall be lit | withUse approvedCommissionslightingstandards. as required by. the FAA and the Airport Land | j) Noise. All communication facilities shall be designed to minimize | noise. If a facility is located in or within 100 feet of a residential zone, 14
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noise attenuation measures shall. be included to reduce noise levels to a maximum exterior noise level of 50 Lg, at the facility site’s property lines.

k) Accessory Structures. Enclosures and cabinets housing equipment related to a wireless communication facility shall meet setback and height restrictions for such structures in their zones. Such structures
. shall appear architecturally compatible (as determined by the Planning Director evaluating the facility on the basis of ‘color and materials) with their surroundings and be designed to minimize their
: visual impact. To meet this requirement, underground vaults may be required.
a) Roads and Parking. Communication facilities shall be served by the minimum roads and parking areas necessary and shall use existing roads and parking areas whenever possible.
m) Provisions for Future Co-location. Alli commercial communication facilities shall be encouraged to promote future facility and site sharing. Technical evidence will be provided as to the infeasibility either technical and/or economic, of co-location 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 Ordinance.
- n) Removal Upon Discontinuation of Use. All equipment associated with a communication facility shall be removed within 180 days of the discontinuation of the use and the site shall be restored to its original pre-construction condition. The operator's 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.

1. Principal or Accessory Use. Antennas 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. , A iit]
Pp) Lot Size. Foripurposes of determining whether the installation of a facility complies with City developmentregulations, including but not limited to setback requirements, lot-covérage requirements, and other such requirements, the dimensions of the entire Jot shall control, even though the antennas or towers may be located on lease parcels within such lot. This shall also take into consideration the height ofthe tower .
- in the event of a failure whereby it could fall thereby crossing property

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q) Inventory of Existing Sites. Each applicant for a facility shall provide to the Planning Director an inventory of its existing towers, antennas, or sites approved for facilities, that are either within the jurisdiction of
; City of Imperial or within one mile of the border thereof, including specific information about the location, height and design of each facility./Fhe Planning Director may share such information with other applicants applying for administrative approvals or special use permits underthis Ordinance or other organizations seeking to locate facilities within the jurisdiction of City of Imperial, provided, however thatthe
. Planning Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
r) 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 obstructiveness.
  - 1. ‘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.
- 1. if an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must bei of a neutral color that. is identical to, or closely
- oe compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobstructive as possible.
- Ss) Lighting. Towers shall not artificially lighted,. unless required by the FAA or other applicable authority. If lighting is required, the lighting the surrounding views and community. alternatives and design chosen must cause the least disturbance to
- t) State or Federal Requirements. All towers must meet or exceed curtent 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. lf such standards and regulations are thischanged, Ordinance then the shall ownersbring such of the towers towers and and antennas antennas intogoverned compliance. by with such revised standards and regulations as mandated by the

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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.

u) 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 grou nds for the removal of the tower or antenna at the owner's expense. .
v) Measurement. For purposes of measurement, tower setbacks and separation distances. shall be calculated and applied to facilities located in the unincorporated areas of the City of Imperial according to the provisions of Title 9 for the respective base zone.
w) NotEssential Services. Towers and antennas shall be regulated and permitted pursuant to this Ordinance and shall not be regulated or permitted as essential services, public utilities or private utilities.
x) Franchises.. Ownersiand/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a communication system in City of Imperial have been .
obtained and shall file a copy of all required franchises with the Planning Director. .
yy) Public Notice. For purposes of this Ordinance, any conditional use
| permit request, variance request, or appeal of an administratively | approved CUP or special use permit shall require public notice to all | a buttingre located propertywithin owners and the correspondingall propertyseparation ownersdistanceof propertieslisted forthat a CUP or variance in the respective base zone, in addition to any notice
| . otherwise required by the Planning Director. Z) Signs. No signs shall be allowed on an antenna or tower except as may be required by !aw or another permitting or licensing agency.
| aa) Buildings and Support Equipment. Buildings and support equipment | | 17 .
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associated with antennas or[towers][ shall][ comply][ with][requirements][ of] Title 9. .
bb) Multiple Antenna/Tower Plan. City of imperial encourages the users of 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. . 0 |
Article V. Permitting Requirements. 26-7. Permitting and Application Requirements. All communication facilities not
specifically exempted from these regulations are subject to one of the two permit processes described below. Both processes include a conditional use permit and may have a concurrent variance. Applications for al permits required pursuant to this Chapter shall be made in writing on a form prescribed by the Planning Director, and shall be accompanied by plans and data to assure the fullest practical presentation of facts for the permanent record. Such application shall be accompanied by a fee or fees as may be set by the City Council. No part of such fee shall be refundable. ” 1
a) Conditional Use Permit_before the : Planning Director. Certain communication facilities may be conditionally approved. by the Planning Director, as desctibed in this sub-Section.

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  - 1) Qualifying Facilities. The following types of communication facilities qualify for a use permit before the Planning Director: _ 

  - A. Receive-only radio and television antennas and satellite dishes or antennas that ido not qualify for exemption under Section 26-5, including multiple antennas or dishes on a single parcel. |

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Bi Amateur radio facilities that do not qualify for exemption _ under Section 26-5. When required, a conditional use permit before the Planning Director shall be granted to amateur radio operators with no fee. .
C. Communication facilities installed on publicly owned
. property, regardiessiof zone, provided they comply with the general requirements in Section 26-6 and hold:an
; executed license or lease agreement. ‘D. Co-located communication facilities, regardless ofzone, provided they comply with the general requirements in Section 26-6. .

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~ 2) Required Findings. In order for the Planning Director to approve a proposed communication facility under a conditional use permit, the Planning Director shall make the findings required for a conditional use permit, as well as, the following additional findings: oe | A. The facility complies with all applicable provisionsofthis . chapter.
B. The facility either i) does not require an RF Environmental Evaluation Report as described in Section 26-10, or ii) the RF Environmental Evaluation Report for the facility shows that the cumulative radiofrequency energy emitted by the facility and any nearby facilities will be consistent with FCC regulations.
C. The facility blends in with its existing environment and will not have significant adverse visual impacts.
1. Administrative Approval Process, The, Planning Director may administratively approve a proposed communication facility by
_ using the following process:

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A. Each applicant for administrative approval shall apply[to] the Planning Director providing the information and fees © set forth in duly adopted resolution or ordinance. , en ee
B. The Planning Director shall review the application shall review the application for administrative approval and determine if the proposed use complies with this. Ordinance.
C. The Planning Director shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application.
D. In connection with any such administrative approval, the - Planning Director may, in order to encourage shared use,administrativelywaive any setback requirements or separation distances between towers in the base zone by up to fifty percent (50%).
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E. In connection with any such administrative approval, the Planning Director may, in order[to][encourage][ the][ use][ of] monopoles, administratively allow the reconstruction of
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an existing tower to monopole construction.

F. ff an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to this Ordinance prior to filing any special appeal that may .be available under the Imperial
: Municipal Code.
- 1. List of Administratively Approved Uses. The following uses may be approved by the Planning Director after conducting an administrative 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,a groupedinfacility. any industrial or heavy. commercial zone or
B. Locating antennas or existing structures or towers consistent with the terms of subsections (i) and (ii) |
. below.

(i) Antennas on existing structures. Any antenna, which is not attached to a tower, may be approved by the Pianning Director as an
. accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided: ; . al toe ; ] on]
a. The antenna does not extend more than thirty (30) feet above the highest point of the structure; .

b. The antenna complies with all applicable FCC and FAA regulations;
|| C. The antenna complies with all applicable
| | building codes. | . (ii) | Antennas on existing towers. An antenna which | is attached to an existing tower may be approved by the Planning Director and, to
. minimize adverse visual impacts associated with the proliferation and clustering of towers,

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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: —

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a. A tower which is modified or
. reconstructedcollocation of an toadditionalaccommodateantenna shallto be of the same tower type as the existing tower, unless the Planning Director allows reconstruction as a monopole.
- b. Height.

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(1) Anexisting tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the towers existing height, to accommodate the collocation of an additional antenna.
(2) The height change referred to in subsection (b)(i) may only occur one time per communication tower. | |
(3) The additional height referred to in subsection (c)(i) shall not require an additional distance separation.
_[The][ tower's premodification][height] shall be used to calculate such distance separation.

Onsite location

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

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

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(3) A relocation onsite tower shall continue to be measured from the
; original tower location for purposes of calculating separation distances between, towers pursuant to the base zone.
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(4) 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 Planning Director.

C. New towers in non-residential zones. Locating any new tower in a non-residential zone other than industrial or heavy commercial, proyided a licensed professional engineer certifies that the tower can structurally
. accommodate the number of shared users proposed by the applicant; the Planning Director concludes the tower is in conformity with tHe goals and requirements of this Ordinance; the tower meets all setback and separation requirements of the base zone; and the tower meets the following height and usage criteria:
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- (i) for. a single user, up to ninety (90) feetin . height; . .
- (ii) for two users, up to one hundred twenty (120) feet in height;

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(ii) for three or more users, Up to one hundred twenty (120) feet in height; and
(iv) for four or more users Up to one hundred eighty (180) feet in| height. |
D. Locating any alternative tower structure in a zone, other than industrial or heavy commercial thatin the judgment of the Planning Director is in conformity with the goals set forth in Section 26-2 of this Ordinance.
E, Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or

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telephone wires, or similar technology that does not require the use of fowers.

b) Conditional Use Permit before the Planning Commission. All other communication facilities or any facility requiring an exception to these regulations shall require a conditional use permit with a public hearing before the Planning Commission.
- 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 Planning Director.

1. Required Findings. In order for the Planning Commission to approve a proposed communication facility under a conditional use permit, the Commission shall make the findings required for a conditional use permit, as well as the following additional findings: '
- A. No alternative sité or design is available that would allow for issuance of a conditional use permit before the Planning Director for the facility. This finding shall be based on the results of an Alternatives Analysis, as . described in Section 26-8, below.

B. The facility either 1) does not require an RF Environmental Evaluation Report as described in Section 26-10, 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.
1. Conditional; Use Permit| Process.' Applications for conditional use permits under this subsection shall conform to. the requirements of Section 26-7, and,shall be subject to the procedures and requirements relating to the granting of conditional use permits. .

1. Conditions. In granting a conditional use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditionsare necessary to

minimize any adverse effects if the proposed facilities on adjoining properties..

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  - 5) Professional Engineer. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a ficensed professional engineer. |

C) Encroachment Permits.
1. Prior to commencing work on City streets, encroachment permits from the Building Department shall be obtained. Plans, specifications drawings which depict detail of the extent of work shall be submitted with the application.
: ' : | 2) The City of Imperial Public Works Department will, as a condition of issuance of the permit, specify trench backfill requirements including, but not limited to, asphalt replacement, depending on the location of the trench.
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- 3) A fee, intended to cover all of City’s costs associated with issuance of the permit shall be paid prior to issuance of an encroachment permits.
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