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Fremont City Zoning Code

CHAPTER 1133

Wireless Telecommunication Facilities and Fiber Optics Communications Systems

1133.01 PURPOSE.

   The purpose of this Chapter is to promote the public health, safety and welfare of the community by regulating the placement of wireless telecommunication facilities and fiber optic cabling. Regulations for said facilities shall:
   (a)    Accommodate the need for such facilities while regulating their location, number, and placement within the City.
   (b)    Minimize adverse visual effects of such facilities and support structures through proper location, design, and screening.
   (c)    Avoid potential damage to adjacent properties from such facilities and related support structures and appurtenances; and
   (d)    Encourage the joint use of any new and existing wireless telecommunication facility and support structures to reduce the number of such structures needed in the future.
      (Ord. 2020-4053. Passed 1-7-21.)

1133.02 DEFINITIONS.

   The following definitions shall apply to wireless telecommunication facilities:
   (a)   “Buffer” means a fence, landscape screen, and/or wall that will prevent access and that will be at least six (6) feet in height and shall have an opacity of eighty percent (80%) within two (2) years of the facility being constructed. Said buffer shall be located around the perimeter of said wireless telecommunication facility.
   (b)   “Collocation” means the use of a wireless telecommunication facility by more than one wireless telecommunication provider.
   (c)   “Fiber Optics Communication Systems” means a network of fiber optic cables and all related property including conduit, carrier pipe, cable fibers, repeaters, power sources, and other attachments and appurtenances necessary for fiber optics communication. This may entail installation above ground on overhead lines or underground in conduit.
   (d)   “Monopole” means a structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation with a wireless telecommunication antenna(s).
   (e)   “Telecommunication” means the technology, which enable information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems. “Telecommunication” includes, but is not limited, to the receiving or transmitting of cellular phones, pagers, radios, televisions, personal telecommunication services, or other ground-wired telecommunication systems.
   (f)   “Wireless telecommunication antenna” means the physical device through which electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission (FCC) are transmitted or received. These may be placed on the monopole or on a structure. Antennas used by amateur radio operators are excluded from this definition.
   (g)   “Wireless telecommunications equipment shelter” means a facility, containing not more than 2,500 square feet of area measured from the buffer perimeter, consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines. The facility shall include the wireless telecommunications equipment shelter, the wireless telecommunications tower, wireless telecommunications antenna, buffer surrounding the shelter, antenna tower, monopole, and any other apparatus associated with the facility.
   (h)   “Wireless telecommunications tower” means a monopole structure intended to support equipment used to transmit and/or receive telecommunications signals.
      (Ord. 2020-4053. Passed 1-7-21.)

1133.03 PERMIT REQUIRED.

   A site plan review, conditional use permit and zoning permit are required for a wireless telecommunication facility and fiber optic cabling. A permit, as specified in Chapter 901: Street Excavation and Curb Cuts, of the City of Fremont Codified Ordinances, is required for fiber optic cabling excavations within a City right-of-way. A proposed collocation on existing telecommunication towers also requires a conditional use permit and zoning permit. A site plan for both a wireless telecommunication facility and fiber optic cabling system shall be submitted as part of the site plan review application, conditional use application and zoning permit, and shall include all information as part of each permit and the following information:
   (a)    Existing topography with a maximum of five-(5) foot contour intervals.
   (b)    Proposed finished grade of the development shown by a maximum of five-(5) foot contour intervals.
   (c)    For wireless telecommunication facilities, the location of all existing buildings and structures and the proposed location of the facility and support structures including square footage, dimensions, heights and gross floor of buildings or structures.
   (d)    For wireless telecommunication facilities the location and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.
   (e)    The location and dimensions of proposed sidewalks, fences, landscaping, screening and/or walls.
   (f)    The location of all-existing and proposed public streets and utilities.
   (g)    Schedule of any phasing of the project including completion date.
   (h)    A statement concerning any visual or environmental mitigation proposed by the applicant.
   (i)    Distances from proposed facility to existing buildings or structures and distance from residential zoning districts.
   (j)    A diagram showing all other wireless telecommunication facilities that exist or are proposed by the applying wireless communication provider and their coverage area within two (2) miles of the proposed wireless telecommunication facility. Additionally, applicant shall provide a diagram showing the locations of all other wireless telecommunication facilities within two (2) miles of the proposed wireless communication facility.
   (k)    A diagram showing the grid system of coverage for proposed wireless telecommunication facility.
   (l)    For fiber optic cabling, a diagram showing the splice point origination and the final destination location.
   (m)    Any other information as may be required by the Planning Commission, Board of Zoning Appeals and/or Zoning Inspector to determine the conformance with the Codified Ordinances and to ensure the protection of the public health, safety and welfare of the community. Said requested information shall be provided by the applicant in a timely fashion.
      (Ord. 2020-4053. Passed 1-7-21.)

1133.04 GENERAL AND SPECIFIC STANDARDS.

   The following provisions shall apply to wireless telecommunication facilities and fiber optic cabling within the City:
   (a)    Wireless telecommunication facilities shall be conditional uses in the B-2 General Commercial District, I-1 Wholesaling and Light Industry District, I-2 General Industrial District and C-Conservancy District. Fiber optic cabling systems shall be conditional uses in the R, R/O, B, I, C and IC Districts.
   (b)    Such facilities shall be sited so that all reasonable alternatives for facility placement have been clearly and convincingly demonstrated in order to provide that installation will minimize both the visual intrusion of the facility and the potential safety risks associated with the presence and operation of the facility.
   (c)    Where applicable, such facilities shall be shared with other users to minimize the number of facilities within the City.
   (d)    Wireless telecommunication facilities shall be located at least 500 feet from the nearest residential use or district. The setback shall be measured from property line.
   (e)    The height of the proposed tower, including all attachments or extensions, shall not exceed 200 feet from grade. The height of overhead fiber optic cabling shall not exceed twenty feet (20f) from grade.
   (f)    For wireless telecommunication facilities the minimum setback from said facility to a public right of way shall be a distance equal to the height of the facility. Minimum setback from said facility to other property lines shall be at least 100 feet. Setback shall be defined as the distance from the property lines to the nearest portion of the perimeter of the fence, landscape wall and/or wall.
   (g)    Underground utilities to the wireless telecommunication facilities site and from the facility to any service or ancillary structures shall be required. Fiber optic cabling may be installed in the public right-of-way similar to small cell facilities.
   (h)    Wireless telecommunication facility equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation.
   (i)    No employees shall be employed on a regular basis at the installation site.
   (j)    Facilities shall be kept in a state of good condition and repair and said facility must remain free of trash, outdoor storage, weeds and other debris.
   (k)    Obsolete, discontinued, and/or unused facilities shall be removed within six (6) months of ceasing operation.
   (l)    For wireless telecommunication facilities, no supporting wires or cables shall encroach upon any minimum setback requirements and shall be completely encircled at the point of attachment to the ground with sufficient fencing landscape screen and/or wall of sufficient density and height to prevent any individual who may for any reason be in the area from coming into contact with any supporting wires or cables.
   (m)    Wireless telecommunication facilities shall be buffered by a fence, landscape screen and/or wall that will prevent access and that will be at least six (6) feet in height and shall have an opacity of eighty percent (80%) within two (2) years of the facility being constructed. Said buffer shall be located around the perimeter of said telecommunication facility that includes the monopole, antenna, equipment shelter, tower, and/or any other structure, wiring and/or equipment sued as part of said facility.
   (n)    Wireless telecommunication towers shall be freestanding and shall be a “monopole” construction, with a smooth and uniform exterior, without supporting guys or supporting ancillary apparatus. Mounts, antennas, and associated equipment buildings shall be galvanized steel and/or painted a uniform color, reviewed by the Planning Commission and approved by the Board of Zoning Appeals. Mounts and antennas shall not display a bright flashing strobe or beacon light unless required by the Federal Aviation Administration (FAA). Any light required by the FAA is recommended to be a part of a dual lighting system with a white strobe during daylight hours and a red beacon during evening hours.
   (o)    Associated wireless telecommunications equipment shelters fifty (50) square feet or larger in size shall have facades constructed of materials reviewed by the Planning Commission and as deemed appropriate by the Board of Zoning Appeals and, in no case, shall be metal. Additionally, said wireless communication facility shall not have more than three (3) equipment shelters and/or cabinetry. If more than one (1) equipment shelter is proposed, said equipment shelters shall be shielded by a facade to make the shelters look like one (1) shelter. Said facade shall be constructed of material reviewed by the Planning Commission and as deemed appropriate by the Board of Zoning Appeals and, in no case, shall be metal. Equipment shelter(s) shall not exceed 400 square feet in total floor area and shall not exceed fifteen (15) feet in height.
   (p)    Wireless telecommunication facilities shall be limited to one (1) per property. Shall be located at least one (1) mile away from any other wireless telecommunication facilities in the City unless shown to be necessary (refer to Section 1133.05: Standards and Criteria For Conditional Use, Subsections 1133.05(a) and (b)) for coverage by the wireless telecommunication provider and approved by the Board of Zoning Appeals.
   (q)    If said wireless telecommunication towers and/or antenna or apparatus is placed upon an existing or proposed structure, said tower or antenna shall not exceed twenty (20) feet in height and shall not extend over the existing building facade and shall be galvanized steel or painted as approved by the Board of Zoning Appeals.
   (r)    When a wireless telecommunication facility is a principal use on a lot, such lot shall be at least three acres in size.
   (s)    Wireless telecommunication facility service facilities shall conform to applicable FCC and FAA regulations, and as well, shall conform to building, electrical and other applicable code. Applications to install such facility shall be in an approved format, and such application shall require that the applicant show evidence of compliance with standards referenced herein. Said applicant must show that he/she is licensed with the FCC.
   (t)    Such wireless telecommunication mounts as are approved and built shall be capable of structurally supporting the antennas of the applicant as well as two (2) other service providers. The applicant shall agree to permit use of the personal wireless service providers.
   (u)    Any driveway, access drive and/or parking area used as part of a wireless telecommunication facility shall be constructed of a sealed, dustless surface of asphalt or concrete.
   (v)    Permits for a wireless telecommunication facility service facility shall automatically expire if a structural report is not filed with the Zoning Inspector within ninety days of being requested by a duly authorized representative of the City, said report attesting to the structural integrity of said facilities. Such reports may be required as often as every ten years or upon suspicion of structural damage by some exogenous physical force.
   (w)    No advertising shall be permitted as part of any wireless telecommunications facility.
   (x)    Fiber optic communication systems shall meet FCC, Fiber Optics Association (FOA) and National Electric Safety Code (NESC) standards.
      (Ord. 2020-4053. Passed 1-7-21.)

1133.05 STANDARDS AND CRITERIA FOR CONDITIONAL USE.

   The Board of Zoning Appeals, in addition to the general standards and considerations in Chapter 1163: Conditional Permitted Uses, shall use the following criteria in reviewing a wireless telecommunication facility/fiber optic communication system conditional use application:
   (a)    The wireless telecommunication facility application shall demonstrate, using the latest technological evidence, that the facility is placed where it is proposed in order to satisfy its necessary function in the applicant’s grid system.
   (b)    The fiber optic communication system shall demonstrate that the placement meets applicable federal and state regulatory requirements, needs of the end users and the requirements of the City of Fremont.
   (c)    The wireless telecommunication facility applicant demonstrates that it has contacted the owners of tall structures within a two-mile radius of the site proposed, has asked for permission to install the facility on those structures, and was denied for other than economic reasons and/or applicant can demonstrate that the structures within a two (2) mile radius are not feasible for engineering requirements and/or coverage area. Tall structures shall include, but not be limited to, smokestacks, water facilities, buildings over fifty (50) feet in height, antenna support structures of other wireless telecommunication facility companies, and other telecommunication facilities. (Ord. 2020-4053. Passed 1-7-21.)

1133.06 EXEMPTIONS.

   Ham radio antennas, television antennas, citizen and (CB) antennas and satellite receiving devices, which are used by a single user and do not exceed fifty feet in height, are exempted from this Chapter. Other sections of these Codified Ordinances may apply to these appurtenances.
(Ord. 2020-4053. Passed 1-7-21.)