The purpose of this chapter is to establish reasonable guidelines and regulations for the siting of wireless communication facilities providing nonbroadcast services and shall include those facilities subject to the Federal Telecommunication Act of 1996, as amended, and shall include commercial wireless cellular radiotelephone facilities, enhanced specialized mobile radio service facilities, personal communication and paging system service facilities, fixed-point microwave and satellite service facilities, private land mobile radio service facilities, and public safety radio systems. Additionally, this chapter shall also apply to nonpersonal wireless facilities, unless specifically excluded. This chapter shall not apply to broadcast service facilities, including television and radio broadcast facilities and amateur radio facilities, nor shall it apply to an antenna mounted on an existing utility pole, provided the antenna addition does not result in an increase in overall height of the pole structure.

The siting of wireless communication facilities shall be encouraged to minimize the adverse aesthetic impacts on residential areas and other sensitive viewsheds by colocating facilities wherever feasible and through the use of stealth design technologies by disguising the facility so that it is not easily recognizable as telecommunications equipment, or other screening and design treatments, which seek to harmonize tower siting with the natural or built environment This chapter is intended to establish objective standards for the placement and design of wireless communication facilities in a manner that recognizes the need for telecommunication providers to establish complete system coverage, while ensuring that the health, safety, and design impacts of such facilities are minimized.

(Ord. G-6966 § 2 (part), 2003)

In those zoning districts where a conditional use permit is required for the installation of wireless communication facilities, the following additional information shall be submitted as part of the conditional use permit application:

A.

Documentation identifying existing or proposed communication network design and a description of the need for the proposed facility, including documentation showing possible alternative sites considered for the proposed facility, together with the reasons why those alternative sites were rejected.

B.

A written description of the potential for colocation of the proposed facility at existing communication sites.

C.

A statement acknowledging the ability of other wireless communication services to potentially colocate at the proposed facility shall be submitted, unless the design of the facility cannot support additional antennas, which shall be supported by adequate evidence. While it is the county's policy to strongly encourage colocation of wireless communications facilities when feasible, the county also recognizes that colocation may not be feasible for some facilities employing stealth design, slim-line monopoles, or where the potential for frequency or electronic interference, or network coverage requirements would preclude it. The colocation potential of a proposed facility can be demonstrated if the tower will be constructed with excess structural capacity sufficient, certified by the applicant's engineer, to support three (3) or more antennas and if sufficient ground area is provided to accommodate three (3) or more equipment shelters. Except for facilities employing stealth design, proposed towers demonstrating such colocation potential shall be given preference over proposed towers without such potential.

D.

If the site is located within one-half (½) mile of any residentially or commercially zoned area, or within one-half (½) mile of areas zoned A-1 and RF, a visual impact analysis shall be submitted consisting of photo mock-ups or digitally enhanced representations showing the project site "before" and "after" installation. For installations in other areas, submit complete facility elevations and photographs of the site.

E.

Unless the proposed communications tower is a stealth designed tower, submit justification for the design of the tower and supporting systems and a description of possible alternate tower designs.

F.

Submit estimates of the maximum radio frequency radiation and electromagnetic field emissions as measured from the edge of the facility site, and provide certification that those fields do not exceed federal standards.

G.

Show the locations of existing freestanding wireless communication structures towers within one (1) mile from the edge of the facility site.

H.

Show the location of all private general purpose and public airstrips within two (2) miles of the facility site.

I.

If the applicant is not a direct provider of a wireless communications service, a letter of intent shall be submitted from such a service indicating their intent to use the proposed facility. Documentation of service providing capacity from the public utilities commission shall be submitted in conjunction with the submitted letter of intent if questions arise as to the company's legal ability to provide wireless service to the affected area.

J.

Provide a USGS topographical map, with the site indicated.

K.

Indicate the location of the closest off-site dwelling.

L.

Provide latitude, longitude, site elevation in relation to mean sea level (MSL).

M.

Indicate the proposed tower height and submit elevation drawings.

(Ord. G-6966 § 2 (part), 2003)

A.

The following development standards shall apply to the siting and design of all freestanding wireless communication facilities in all zoning districts, except as otherwise indicated:

1.

No new freestanding wireless communication facilities shall be installed on a site located in a residential zoning district that is not already developed with telecommunication facilities unless it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable, unless all of the following are provided:

(a)

Technical evidence acceptable to the approving authority showing a clear and convincing need for this facility to achieve adequate service coverage; and

(b)

Documentation demonstrating the infeasibility of collocation on another existing telecommunications facility or the submittal of clear evidence showing that collocation on an existing telecommunications facility would create adverse impacts on the environment; and

(c)

Documentation supporting an inability to stealth the facility owing to technical or design considerations.

2.

Communication towers located on property within, or within three hundred (300) feet of, any residentially zoned area, area zoned RF, or area designated for residential development by the applicable General Plan, shall employ stealth technology, where the tower is camouflaged so as to look like a pine tree (monopine), palm tree (monopalm), or other structure disguising the facility which is compatible to the area, as determined through the conditional use permit process.

3.

Except for communication towers to be located within an M-2 or M-3 District, freestanding towers located on property within, or within three hundred (300) feet of, an area zoned CO, C-1, C-2, or CH District, shall be limited to guy wireless, slim-line monopole towers with flush-mounted vertical antennas or, as an alternative, shall employ stealth design features. This requirement shall also apply to tower installations on properties zoned M-1 where the tower will be located within three hundred (300) feet of a commercial zone district. Slim-line monopoles or towers employing stealth design shall be strongly encouraged, but not required, on sites located within an A-1 District, unless the applicable hearing body determines that such a design is essential for making a finding of land use compatibility. A slim-line tower shall measure no more than twenty-four (24) inches in diameter at the base which tapers toward the top. The maximum distance of antenna arrays from the pole shall be eighteen (18) inches.

4.

The maximum overall permitted height of the tower, including appurtenances, is subject to Section 19.08.160 and shall not exceed eighty (80) feet in any area zoned A-1, R-1, R-2, E, MP, PL, or RF. In other zone districts, the maximum permitted height is subject to Section 19.08.160 and shall not exceed the height indicated in the applicable base zoning district or one hundred fifty (150) feet, whichever is less.

5.

No freestanding tower shall be located within fifty-five (55) feet from the centerline of any existing or designated public road. Except for freestanding towers to be installed on agriculturally, commercially, or industrially zoned property, a minimum setback of twenty-five (25) feet from all property lines shall be required. For towers contiguous to residentially zoned areas and to areas zoned A-1 and RF, a minimum setback of one hundred twenty percent (120%) of the overall height of the tower to the affected property shall be required. In no case shall the facility be located within one hundred (100) feet of any off-site dwelling.

6.

A minimum setback of one (1) times the overall height of the tower, including appurtenances, shall be observed from any state highway, as measured from the edge of the road right-of-way.

7.

Prior to the issuance of building permits for new towers and antenna facilities located on any site easterly of R31E, MDB&M, or easterly of R17W, SBB&M, within Kern County, including new towers, tower modifications, antenna additions or new equipment affecting transmission capabilities, facility plans, including the height of all proposed structures and radio frequency specifications, shall be reviewed by the Air Force Flight Test Center (Plans and Policies Division) at Edwards Air Force Base and the China Lake Naval Weapons Center. Written documentation of such review shall be required before permits will be released.

8.

Except within commercial and industrial zone districts, freestanding towers which will not be constructed using stealth design or slim-line monopole design, shall not be located within one (1) mile of any other freestanding wireless communications facility. This requirement shall not apply to roof-mounted antennas, to façade-integrated antennas, to approved sites which contain multiple transmission towers, or to antennas authorized by the planning director to be installed on other existing accessory structures.

9.

A landscape plan shall be required for all new facility locations within a residentially zoned area, commercially zoned area, RF zoned area, or within one-quarter (¼) mile of any such areas. Landscaping plans shall include perimeter landscaping around the entire communications facility site, excluding access points into the facility. Use of landscape features such as gravel and boulders in conjunction with drought tolerant plants are encouraged. Trees may be required by the approval authority when deemed necessary to ensure compatibility to the surrounding area. The landscape plan shall be in conformance with Chapter 19.86 of this title, California Code of Regulations, Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance and Kern County Code of Building Regulations (Title 17).

10.

Tower and support facilities located entirely within, or within one-half (½) mile of, a residentially zoned area shall not be equipped with external lighting, except as required by the FAA, UBC, or when required as a condition of approval of an approved conditional use permit. Where lighting is otherwise permitted, lighting fixtures shall be "down-shielded" to limit the potential for off-site lighting and glare impacts. This requirement shall not apply to approved towers employing stealth design by disguising the tower as a flag pole when the American flag will be flown at night.

11.

All equipment shelters, poles, towers, antennas, and supporting structures shall be treated with nonreflective colors.

12.

Roof-mounted antennas are permitted on buildings within commercial and industrial zones and within the NR District. The maximum permitted height for roof-mounted antennas shall be fifteen (15) feet above the roof line of the structure. Façade-integrated antenna systems may also be incorporated into the architectural design of said buildings. Equipment shelters shall be enclosed in housings that are compatible to the architectural elements of the affected building.

(Ord. G-7189 § 85, 2005; Ord. G-6966 § 2 (part), 2003)

(Ord. No. G-8226, § 100, 11-8-11; Ord. No. G-8656, § 22, 7-26-16)

Any wireless telecommunications facilities not in operation for a consecutive period of twelve (12) months shall be deemed abandoned and shall be removed within sixty (60) days from the date written notice to the owner of the facility has been sent by the county. If the owner of the wireless communications facility does not remove the structure(s) identified in said notice within sixty (60) days, the property owner shall be served with written notice to remove the identified structure(s) within sixty (60) days. If the property owner does not remove the structure(s) within this sixty (60) day period, the county may remove the structure(s) at the property owner's expense and lien the property to recover all enforcement and removal costs.

(Ord. G-6966 § 2 (part), 2003)