Modoc County Municipal Code § 18.166.050 Standards for location, setbacks and design

Unless otherwise prohibited, wireless communication facilities may be allowed in all districts except "R-1," "R-2," and "R-3" subject to the permitting requirements and standards contained in this section.

(Ord. 326(part), 2002)

The purpose of this chapter is to provide uniform and comprehensive regulations for the orderly development and maintenance of wireless communication facilities. The regulations contained in this chapter are designed to minimize the adverse impacts of such facilities while providing the community with the benefits of wireless technology, and to protect and promote the public health, safety, peace, welfare, and aesthetic quality of the county as set forth in the general plan.

(Ord. 326(part), 2002)

As used in this chapter, the following definitions shall apply:

A. "Antenna" means any device that transmits and/or receives an electronic signal for the purpose of facilitating the communication of cellular telephone, personal communication devices (PCS) messages or similar devices, excluding such facilities associated with amateur radio.

B. "Co-location" means the siting of antennas and support equipment (excluding poles, towers, etc.) on the same support structure, or within the same equipment shelter/cabinet, provided the antenna and equipment is designed to be an integral part of the existing structure, and does not exceed the height of the existing structure. Co-location also includes the siting of separate facilities under different ownership in a common location.

C. "Communication facility" means a facility that transmits and/or receives electronic signals by way of antennas, microwave dishes, or similar devices and which may include towers, equipment shelter/cabinets, parking areas and other accessory development.

D. "Communication tower" means a support structure designed and constructed for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. It does not include support structures/antennas which do not exceed the height limitation for the particular zoning district or fifty feet (including any attached antenna) whichever is lower.

E. "Equipment shelter/cabinet" means an enclosure that houses supporting equipment for an antenna that is located on the same parcel or structure as the equipment shelter/cabinet.

F. "Minor antenna" means an antenna that is attached to a lawfully constructed structure, designed to be an integral part of that structure, blends with surroundings, and does not exceed the height limit for that particular zone, fifty feet, or the maximum allowed height for the existing structure, whichever is lower. Minor antenna may include equipment shelters/cabinets not exceeding two-hundred fifty square feet.

(Ord. 326(part), 2002)

A. Use Permit. Unless otherwise allowed by right or by certificate of conditional use, as specified below, a use permit, pursuant to Chapter 18.128 (use permits), shall be required for all new communication facilities/towers.

B. An administrative permit may be issued under Chapter 18.124 for all new facilities and towers lower than one hundred feet in height and co-locating at a site in existence before July of 2001. In addition, an administrative permit may be issued when the following findings are made in each antenna co-location application.

1. The proposed facility does not conflict with any previous condition of approval for the facility or structure;

2. The proposed facility is designed to blend with the existing structure; and

3. No increase in overall structure height, including the antenna, is proposed.

If any one of the findings below cannot be made, the addition shall be subject to securing a use permit.

1. Minor antenna as defined by this chapter;

2. Expansion of existing equipment shelter/cabinets, not to exceed an aggregate area of two hundred fifty square feet;

3. Co-location as defined in this chapter.

(Ord. 326(part), 2002)

The following standards shall apply to all communication facilities as defined in this chapter including those allowed by right. Communication facilities shall be located to minimize their visibility and the number of distinct facilities present, as follows:

A. Location.

1. Towers shall be placed so as to minimize their visibility from primary public corridors and will not be placed in a location readily visible from a public trail, public park or other developed outdoor recreation area, unless communication facilities/towers already exist at the site, in which case co-location is preferred or the tower is constructed as to be effectively indistinguishable from its surroundings.

2. Co-location of new antennas on existing support structures is strongly encouraged. New towers are discouraged where co-location on existing structures is technically feasible. Applications must demonstrate why co-location is not feasible.

3. Construction of new facilities are encouraged to locate in close proximity to existing radio, cell, microwave and other such facilities. Facilities outside of this area are required to demonstrate site location justification and demonstrate compliance with this chapter, general plan and other zoning requirements. Individuals and firms shall not by contract or other mechanism exclude others from co-location. Failure to comply will result in the revocation of the conditional use permit and subsequent legal action. Submittal of landowner lease agreements for review by the planning department is required.

B. The setback requirements contained below do not apply to facility co-location sites existing as of July 2001. All new sites for communication facilities and towers shall be setback as follows:

1. No facility/tower shall be constructed within any established setback area.

2. Where adjacent property is zoned residential ("R1", "R2", "R3") or is a public trail, park, developed outdoor recreation area or a public roadway, a tower shall be setback from the property lines no less than one hundred ten percent of its total height.

C. Design. Communication facilities/towers shall be designed as follows:

1. Communication facilities/towers shall be designed to visually blend with the natural or man-made environment found in the vicinity of the project site. Blending techniques may include but are not limited to the use of non-glare colors and finishes and the use of existing and/or alternative support structures that conceal the presence of facilities/towers such as man-made trees, light poles, power transmission poles and towers, signs, clock towers, bell steeples, silos, barns or other similar structures appropriate to the setting.

2. Fencing and screening. Communication facilities including equipment shelters/cabinets may be required to maintain to the minimum six-foot fence of a color designed to be visually compatible with the surroundings.

3. All areas disturbed during construction shall be replanted with native vegetation compatible with vegetation in the surrounding area unless the County Fire Warden requires fuel modification.

4. Existing trees and other screening vegetation in the vicinity of the facility and along the access or utility easements shall be protected from damage during construction.

5. Lighting for communication facilities shall be limited as follows:

a. All lighting shall be limited to security lighting that is manually operated or motion-detector controlled except as required by the Federal Aviation Administration.

b. All lighting shall be shielded or directed on-site to minimize off-site light spill except for lighting required by the Federal Aviation Administration.

6. Signage shall be limited to address and facility identification, emergency and safety hazard signage. Permanent, weatherproof facility identification signs no more than twelve inches by twenty-four inches in size identifying the facility operator and a twenty-four hour emergency phone number shall be placed on the fence, the equipment shelter/cabinets or tower base. If larger signage is required by the FCC or other regulating agencies, the applicant shall provide proof of the requirement and signage shall not exceed the required size.

(Ord. 326(part), 2002)

The operator shall:

A. Maintain the facility as approved;

B. Notify the county of intent to vacate the site. The owner/operator will remove all facilities within twelve months of the date of notice unless the site is occupied by a successor; and/or as otherwise specified in the use permit or certificate of conditional use;

C. The owner/operator of the facility/tower may be required to provide a cash bond equal in cost to removing the tower and associated facilities.

(Ord. 326(part), 2002)