Imperial Beach City Zoning Code
CHAPTER 19
90 WIRELESS COMMUNICATIONS FACILITIES
§ 19.90.010 Intent and purpose.
The purpose of this chapter is to establish standards for the siting, development, and maintenance of wireless communications facilities and antennae throughout the City. This chapter is intended to protect and promote the public health, safety and welfare, as well as the aesthetic quality of the City as set forth in the goals, objectives and policies of the General Plan. This chapter is also intended to allow for the efficient development of a wireless communications infrastructure in accordance with the guidelines and intent of the Federal Telecommunications Act of 1996. Because the wireless communications industry utilizes unique technologies that are in a constant state of change, this chapter is intended to be appropriate for the analysis of various siting and facility circumstances.
(Ord. 2002-983 § 30, 2002)
§ 19.90.020 Applicability.
This chapter applies to all wireless communications facilities proposed to be located in the City, except as provided in Section 19.90.060.
(Ord. 2002-983 § 30, 2002)
§ 19.90.030 Residential zones.
Wireless communications facilities may not be located in a residential zone, unless doing so is necessary to avoid a significant gap in wireless communications coverage.
(Ord. 2002-983 § 30, 2002)
§ 19.90.040 Permit types.
A conditional use permit is required for all wireless communications facilities. A site development plan is required for all stealth facilities. A modification to existing wireless facilities may require an amendment to the applicable conditional use permit or site development plan.
(Ord. 2002-983 § 30, 2002)
§ 19.90.050 Application requirements.
In addition to meeting the standard requirements for conditional use permits under Chapter 19.82 or site development plans under Chapter 19.81, all applications must include the following:
A.
A description of the services that the applicant proposes to offer or provide at the proposed site;
B.
Documentation certifying that the applicant has obtained all licenses and other approvals required by the Federal Communications Commission and, if applicable, the California Public Utilities Commission, to provide the proposed services;
C.
A visual impact analysis consisting of photo simulations, photo montages, elevations or other visual or graphic illustrations of the proposed wireless communications facilities, which include proper coloration and blending of the facility with the proposed site and surrounding area;
D.
Identification of the geographic service area for the proposed site, including a map showing the site and the associated next cell sites within the network and a description of how the proposed site fits into and is necessary for the applicant's service network;
E.
A written assessment of all potential alternative sites, as well as an analysis indicating the feasibility of colocation at another site; and
F.
A copy of any field tests ("drive tests") reflecting the strength of signals at each of the proposed and alternative sites.
(Ord. 2002-983 § 30, 2002; Ord. 2003-997 § 2, 2003)
§ 19.90.060 Exceptions.
§ 19.90.070 Development and design standards.
Every proposed wireless communication facility must meet all of the following development and design standards:
A.
The installation of wireless communications facilities may not reduce the number of required parking spaces on a proposed site;
B.
Wireless communications facilities and accessory equipment must meet the required setbacks of the underlying zone, except that in a residential zone, the minimum setback for an antennae or equipment building from any property line is twenty feet;
C.
Wireless communications facilities must meet the height requirement of the underlying zone, unless a greater height is approved through the conditional use permit;
D.
A service provider with a wireless communications facility in the City must obtain a City business license;
E.
The visual impact of wireless communications facilities must be minimized to the maximum extent feasible, taking into consideration technological requirements, through the use of placement, screening, camouflage and landscaping, so that the facility is compatible with adjacent uses, existing architectural elements, topography, neighborhood landscaping, building materials and other site characteristics;
F.
The colors and materials of wireless communications facilities must blend into their backgrounds;
G.
Facade-mounted antennae must be integrated architecturally into the style and character of the structure to which they are attached; they must be painted and textured to match the existing structure; and they may not project more than eighteen inches from the face of the building or other support structure unless approved by a conditional use permit;
H.
Roof-mounted antennae may not exceed the minimum height necessary to serve the operator's service area, while complying with the building height requirements of this title; they must be designed to minimize their visibility from surrounding areas; and they must be painted and textured to match the existing structure or building;
I.
Freestanding facilities, including towers, lattice towers and monopoles, are discouraged unless no reasonable alternative is possible. If a freestanding facility is necessary, it may not exceed the minimum functional height and width required to support the proposed wireless facility;
J.
Proposed freestanding facilities must be stealth facilities; they must be painted and designed to blend in with the surrounding area; and they must be landscaped, if necessary, to minimize visual impacts;
K.
Wireless facility support structures, such as equipment buildings, cabinets, cables, air conditioning units and fencing, must be painted and textured to match the surrounding physical area and screened with landscaping in order to minimize visual impacts;
L.
No advertising signs may be placed on any facility or equipment;
M.
Wireless communications facilities located between the first public roadway and the ocean, San Diego Bay, or the Tijuana Estuary must be visually undetectable from Seacoast Drive, Imperial Beach Boulevard, public paths, bikeways, beaches and public recreational facilities, and must not require the construction of shoreline protective devices. If there is no feasible alternative that can comply with this requirement without resulting in a significant gap in communication coverage, then the alternative that would result in the fewest or least significant impacts to public views, public access and recreation, and shoreline processes shall be selected.
(Ord. 2002-983 § 30, 2002; Ord. 2003-997 § 2, 2003)
§ 19.90.080 Operation and maintenance standards.
Wireless communications facilities must meet all of the following operational and maintenance standards:
A.
Air conditioning units and noise-generating equipment must comply with the noise standards in Chapter 19.32;
B.
In residential zones, security lighting must be operated with a timing device and shielded to limit light exposure on neighboring properties;
C.
Wireless communications facilities and related equipment must be maintained in good condition, free from trash, debris, graffiti and all other forms of vandalism. Any damaged wireless communications facilities or equipment must be repaired as soon as reasonably possible, so as to minimize dangerous conditions and visual blight;
D.
Landscaping elements of a wireless communications facility must be maintained in good condition. Damaged, dead or decaying landscaping must be replaced as promptly as possible;
E.
In residential zones, routine equipment maintenance may only be conducted between eight a.m. and five p.m., Monday through Friday. In all other zones, routine maintenance may be conducted at any time;
F.
Emergency maintenance may only be conducted during power outages or equipment failure;
G.
In residential zones, non-emergency visits for scheduled upgrades, other than as described in subsection E of this section, require seventy-two-hour notice to the City and adjacent neighbors. No more than one scheduled upgrade is permitted every twelve months;
H.
A statement that the wireless communications facility conforms with the current FCC safe-exposure standards must be submitted annually to the director of community development.
(Ord. 2002-983 § 30, 2002)
§ 19.90.090 Life of conditional use permit.
Conditional use permits for wireless communication facilities have a maximum term of ten years, with an automatic review in five years at a public hearing. Conditional use permits must be renewed prior to their expiration, in accordance with Chapter 19.82.
(Ord. 2002-983 § 30, 2002)
§ 19.90.100 Discontinuance of wireless communications facilities.
A service provider that discontinues the operation of a wireless communications facility for an uninterrupted period of six months, must promptly remove the abandoned or discontinued facility, unless the service provider notifies the City in writing of its intent to maintain the facility. The City will consider the written request in determining the status of the facility. The service provider must remove or cause the removal of the facility, including all antennae, cables, cabinets, equipment buildings, poles and support equipment, within thirty calendar days after the facility's operations are terminated. If the service provider fails to remove the facility, the property owner must have the facility removed.
(Ord. 2002-983 § 30, 2002)
§ 19.90.110 Revocation of permit.
Wireless communications service providers and their operational facilities must comply at all times with conditions of approval, this code, and all other applicable standards and laws. Failure to comply with a condition, standard or law is grounds for possible revocation pursuant to this code.
(Ord. 2002-983 § 30, 2002)