(A)   Purpose: The purpose of these regulations is to ensure that wireless communication facilities (WCF) are regulated in a manner which: a) minimizes visual impacts; b) promotes the goal of universal service to all customers; c) encourages co-location of facilities to minimize the number of new structures required; d) provides review for structural safety; and e) creates a review process where all service providers are fairly treated.

   (B)   Wireless Facility: “Wireless Facility” shall have the same meaning ascribed in NRS 707.555, and facility shall have the same meaning as wireless facility. (Ord. 2023-04, 3-15-2023)

The regulations contained in this chapter are applicable to all providers, facilities, installations, equipment and services involved in the provision of wireless telecommunications and broadcast communications services, including cellular telephone, personal communications services (PCS), enhanced or specialized mobile telephones, commercial paging services, and commercial radio and television broadcasting, unless exempted by these regulations. All new, modified, and/or reconstructed facilities subject to these regulations shall comply with all permit requirements of this title, including where applicable, development permits, building permits, and business licensing requirements. (Ord. 2023-04, 3-15-2023)

The following uses and activities shall be exempt from these regulations:

   (A)   Replacement antennas or equipment, provided the replacement antennas and/or equipment have a function similar to the replaced antenna and/or equipment and do not exceed the overall size of the original antenna and/or equipment.

   (B)   Amateur radio towers and antennas, citizen band transmitters and antennas.

   (C)   Whip or other similar antennas no taller than six feet (6') with a maximum diameter of two inches (2").

   (D)   Antennas (including direct-to-home satellite dishes, TV antennas, and wireless cable antennas) used by viewers to receive video programming signals from direct broadcast facilities, broadband radio service providers, and TV broadcast stations regardless of zone category.

   (E)   Low-powered networked telecommunications facilities such as microcell radio transceivers located on existing utility poles and light standards within public right-of-way. Low-powered networked telecommunications facilities shall comply with this chapter.

   (F)   All military, Federal, State, and local government communication facilities.

   (G)   Cell on wheels (COW), cell on light truck (COLT), repeater and truck (RAT) and similar temporary mobile equipment as determined by the Director which are permitted as temporary uses in Nonresidential Zones for a period not to exceed fourteen (14) days, or during a period of emergency as declared by a government entity.

   (H)   Antennas and equipment and other apparatus completely located within an existing structure whose purpose is to enhance or facilitate communication function of other structures on the site.

   (I)   Antennas, microwave dishes, associated towers and equipment that is located on Federal or State owned property and reviewed and regulated through the State or Federal process, unless the facility is to be located within one hundred feet (100') of privately held land. (Ord. 2023-04, 3-15-2023)

   (A)   Co-location Of Antenna(s) On Existing Towers Conforming to the Requirements of Section 5 of this chapter: Installing an antenna(s) on an existing communication tower of any height is permitted, so long as the additional antenna(s) do not exceed the height of the structure or tower, no more than three (3) providers are co-locating on the tower or structure, and the color of the antenna(s) blends with the existing structure or surroundings.

   (B)   Co-location Of Antenna(s) On Existing Non-Tower Structures Conforming To The Requirements of Section 5 of this chapter: Installing an antenna(s) on an existing structure other than a tower, such as a building, water tank, sign, light fixture or utility pole, is permitted so long as the additional antenna(s) do not exceed the limits of the base zone, no more than three (3) providers are co-locating on the structure, and the color of the antenna(s) blends with the existing structure or surroundings.

   (C)   Installation Of Accessory Equipment Shelters: Any provider who is authorized to co-locate on an existing tower or non-tower structure as provided in subsections A and B of this section, shall be allowed to install any necessary accessory equipment shelters and related equipment at or near the base of the tower or structure, or within the structure, so long as:

      1.   The accessory equipment shelter and related equipment are either located completely within the existing structure or are located within the fenced area previously approved.

      2.   The equipment shelter and related equipment shall comply with the development standards, such as setback, height limitations and lot coverage, the base zone. (Ord. 2023-04, 3-15-2023)

   (A)   Setbacks:

      1.   Facilities not within 1000' of any State highway: All setbacks for facilities must be equal to the overall structure or tower height.

      2.   Facilities within 1000' of any State highway: All setbacks for facilities must be twice the overall structure or tower height.

   (B)   Design Requirements:

      1.   Surface And Color: No towers and attached equipment shall have and maintain a non-reflective surface, be a neutral color that blends in with the surrounding background or that is the same or similar color as the supporting structure to make the tower, antennas and related equipment as visually unobtrusive as possible (unless the tower and antennas are located within an area adjacent to an airport regulated by the Federal Aviation Administration (FAA) wherein FAA regulations require non-neutral colors).

      2.   Lighting: No lighting shall be permitted on facilities or associated facilities (unless the tower and antennas are located within an area adjacent to an airport regulated by the Federal Aviation Administration (FAA) or the facility is at a height wherein FAA regulations require lighting.)

      3.   Fencing and Security: For Security purposes, towers and ancillary facilities shall be enclosed by a minimum six foot (6') high fence. This requirement may be waived for joint-use of facilities sharing a common site surrounded by public lands with jurisdictional administration and review by the Federal or State government.

      4.   Noise: Noise-generating equipment shall be sound-buffered by means of baffling, barriers or other suitable means to reduce the sound level measured at the property line to fifty (50) dBA (day)/forty (40) dBA (night) when adjacent to residential and commercial land uses and seventy five (75) dBA (day)/sixty (60) dBA (night) when adjacent to other uses. This requirement is waived for joint-use telecommunication facilities sharing a common site surrounded by public lands with jurisdictional administration and review by the Federal or State government.

      5.   Tower Spacing: Towers shall be required to be spaced, at a minimum the distance equivalent to the height of the tallest tower, plus the radial distance from the center of the nearest tower to its furthest guywire.

   (C)   Other Requirements: At the time a provider request a Special Use Permit, it must demonstrate and provide the appropriate documentation of the following:

      1.   Compliance with all applicable State and Federal government regulations, including, but not limited to, any FAA applicable regulations;

      2.    Licensing by the Federal Communications Commission to provide wireless telecommunication services; and

      3.   A valid State business license. (Ord. 2023-04, 3-15-2023)

All facilities shall require a building permit before being constructed or installed on an existing structure and shall be submitted to the Elko County Building and Safety department in accordance to the provisions of Title 3 of the Elko County code. (Ord. 2023-04, 3-15-2023)

All facilities constructed or installed on an existing structure shall be required to receive a special use permit for the facility from the Elko County Planning and Zoning Department. (Ord. 2023-04, 3-15-2023)

   (A)   Purpose: The purpose of this requirement is to create a process that will allow providers to equitably share publicly-available, non-proprietary information among themselves, with interested persons and agencies, and with the County, at the time the provider schedules a pre-application conference with the approval authority. This co-location protocol is designed to increase the likelihood that all reasonable opportunities for co-location have been investigated and the appropriate information has been shared among providers.

   The County recognizes that co-location is preferable, where technologically feasible and visually desirable, as a matter of public policy, but that co-location of antennas by providers is not always feasible for technical or business reasons. However, if all licensed providers are made aware of any pending tower or antenna permit requests, such disclosure will allow providers to have the maximum amount of time to consider possible co-location opportunities, and will also assure the County that all reasonable accommodations for co-location have been investigated. This chapter creates strong incentives for co-location because proposals for co-location qualify for a less rigorous approval process.

   (B)   Applicability: Requirements for the co-location protocol apply only to new towers subject to site development review or conditional use.

   (C)   Pre-Application Requirement: A pre-application review is required for all proposed freestanding towers.

   (D)   Co-location Request Letter Requirement: At the time a pre- application review is scheduled, the applicant shall demonstrate that the following notice was mailed to all other wireless communication providers operating wireless communications facilities within the County’s boundaries:

      Pursuant to the requirements of Elko County Code 4-16-8, [name of wireless provider] is hereby providing you with notice of our intent to meet with representatives of the Lyon County in a pre-application conference to discuss the location a new free-standing wireless communication facility that would be located at [location]. In general, we plan to construct a [type of tower] of [number] feet in height for the purpose of providing [cellular, PCS] service.

      Please inform us whether your company has any existing or pending wireless facilities located within [distance] of the proposed facility, that may be available for possible co-location opportunities. Please provide us with this information within 10 business days after the date of this letter. Your cooperation is appreciated.

      Sincerely [Name of pre-application applicant].

   (E)   Applicant’s Obligation To Analyze Feasibility Of Co-location: If a response to a co-location request letter is received by an applicant indicating an opportunity for co-location on an existing tower of another provider, the applicant shall make a good faith effort to analyze the feasibility of co-location. This analysis shall be submitted with an application for a freestanding tower. A good faith effort to investigate the feasibility of co-location on an existing facility shall be deemed to have occurred if the applicant submits all of the following information:

      1.   A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by co-location at the potential co-location site;

      2.   Evidence that lessor of the potential co-location site either agrees or disagrees to co-location on his/her property;

      3.   Evidence that adequate site area exists or does not exist at the potential co-location site to accommodate ancillary equipment for the second provider and still meet all of the development standards required in the base zone;

      4.   Evidence that adequate access does or does not exist at the possible co-location site.

   (F)   Result Of Co-location Feasibility Analysis: If the applicant has provided information addressing each of the criteria in subsection E of this section, the co-location protocol shall be deemed complete. The applicant’s tower shall then be permitted subject to the applicable standards and restrictions contained in this chapter. (Ord. 2023-04, 3-15-2023)

   (A)   Applicants shall submit their application as follows:

      1.   Applicant shall first submit an application to the Planning and Zoning Department for approval of the Special Use Permit.

         (a)   The application shall be reviewed and approved or disapproved by the Elko County Senior Planner.

            (1)   If the Senior Planner denies an application, the Senior Planner shall provide an explanation that identifies each procedure and standard that the applicant failed to meet.

         (b)   If the application is denied, the applicant may appeal the decision of the Senior Planner to the Elko County Planning Commission by filing the appeal with the Elko County Planning and Zoning department within ten (10) calendar days of receiving notice of the denial. The appeal must be accompanied by the filing fee and written notice of the specific grounds for the appeal.

         (c)   Once the appeal with the applicable fee is received, the Elko Planning and Zoning Department shall place the appeal on the next agenda.

            (1)   If the Planning Commission denies the application, the Planning Commission shall set forth with specificity each ground on which the authority denied the approval of the application and describe the documents relied on by the Planning Commission in making its decision.

            (2)   The Planning Commission’s decision shall be the final decision on the matter. An aggrieved party may obtain a review of the final decision by filing an action for review with the district court pursuant to NRS 278.0233.

      2.   If the application is approved by the department of Planning and Zoning, the applicant may apply for a building permit. (Ord. 2023-04, 3-15-2023)