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 collocation 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. (Ord. 603, 11-1-2018)

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. 603, 11-1-2018)

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. 603, 11-1-2018)

   A.   Collocation Of Antenna(s) On Existing Towers Conforming To The Requirements Of Table 15.236-1: 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 collocating on the tower or structure, and the color of the antenna(s) blends with the existing structure or surroundings.

   B.   Collocation Of Antenna(s) On Existing Non-Tower Structures Conforming To The Requirements Of Table 15.236-1: 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 contained in table 15.236-1 of this section, no more than three (3) providers are collocating 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 collocate 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 setbacks, height limitations and lot coverage, of the base zone.

   TABLE 15.236-1

 

(Ord. 603, 11-1-2018)

   A.   Uses Permitted: Wireless telecommunications facilities that conform to the maximum height allowances in each of the various zoning districts shall be allowed in each zone as a permitted use. It will be necessary that any use be reviewed under a building permit, as required under chapter 239 of this title.

Wireless telecommunication facilities that meet the type 1 classification shall be subject to the following requirements:

      1.   Commercial Use: All wireless telecommunications facilities shall be specifically for the use of the property owner and shall not be for commercial uses. If a wireless telecommunication facility is proposed for commercial uses but conforms to all other requirements contained in this section, it shall be reviewed as a type 2 wireless telecommunication facility.

      2.   Surface And Color: New 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).

      3.   Collocation: No collocation is allowed, unless the additional facility conforms to subsection A1 of this section.

      4.   Setbacks: Setbacks shall conform to the requirements of section 15.236.04, table 15.236-1 of this chapter.

      5.   Tower Height: No type 1 tower shall exceed the maximum building height allowance identified in for each zoning district in chapters 310 through 316 of this title unless an alternative height is listed in section 15.236.04, table 15.236-1 of this chapter.

      6.   Lighting: No lighting shall be permitted on type 1 towers or associated facilities (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 lighting).

      7.   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 telecommunication facilities sharing a common site surrounded by public lands with jurisdictional administration and review by the Federal or State government. (Ord. 603, 11-1-2018)

   A.   Uses Permitted: The Director shall review the uses subject to design review (type 2) on section 15.236.04, table 15.236-1 of this chapter in accordance with the provisions of chapter 235 of this title, using approval criteria contained in subsection B of this section. All type 2 reviews shall require notice to property owners in accordance with the provisions of chapter 9 of this title.

The following uses are subject to approval under this section:

All structures, towers, and accessory buildings identified as subject to administrative review (type 2).

   B.   Review Criteria: Any use listed on section 15.236.04, table 15.236-1 of this chapter as subject to type 2 review, shall be evaluated using the following standards:

      1.   Aesthetic:

         a.   New 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, or if required by the FAA, be painted pursuant to the FAA's requirements;

         b.   If collocation on an existing tower is requested, the design of any antenna(s), accessory structures or equipment shall, to the extent possible, use materials, colors and textures that will match the existing tower or non-tower structure to which the equipment of the collocating provider is being attached;

         c.   If collocation on an existing non-tower structure is requested, the antenna(s) and supporting electrical and mechanical equipment shall be a neutral color that is the same as the color as the supporting structure so as to make the antenna(s) and related equipment as visually unobtrusive as possible.

      2.   Setbacks: Setbacks shall conform to the requirements of section 15.236.04, table 15.236-1 of this chapter.

      3.   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.

      4.   Tower Height: No tower shall exceed the maximum height listed in section 15.236.04, table 15.236-1 of this chapter - however, that an additional fifty feet (50') may be approved as part of the design review upon a finding by the decision making body that the additional height is necessary and substantiated by technical documentation showing that the additional height is necessary to provide the proposed level of service and coverage, or to accomplish collocation as provided in section 15.236.09 of this chapter.

      5.   Lighting: No lighting shall be permitted on a tower except as required by the FAA.

      6.   Fencing And Security: For security purposes, towers and ancillary facilities shall be enclosed by a minimum six foot (6') fence.

      7.   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.

   C.   Other Requirements: At the time a provider requests a building permit, it must demonstrate compliance to all applicable State and Federal regulations. (Ord. 603, 11-1-2018)

   A.   Uses Permitted: The commission shall review the uses subject to conditional use review (type 3), in accordance with the provisions of chapter 230 of this title using approval criteria contained in subsection B of this section. All type 3 reviews shall require notice to property owners in accordance with the provisions of chapter 9 of this title.

   B.   Review Criteria: Any use subject to review per subsection A of this section, shall be evaluated using the following standards:

      1.   Height: Tower height shall not exceed the maximum height listed in section 15.236.04, table 15.236-1 of this chapter, provided however that an additional fifty feet (50') may be approved as part of the conditional use permit review upon a finding by the decision-making body that the additional height is necessary and substantiated by technical documentation showing that the additional height is necessary to provide to proposed level of service and coverage, or to accomplish collocation as provided in section 15.236.09 of this chapter.

      2.   Color: 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, or if required by the FAA, be painted pursuant to the FAA's requirements.

      3.   Setbacks: Towers shall be set back from the property line in accordance with the requirements of section 15.236.04, table 15.236-1 of this chapter. An adjustment subject to criteria of approval contained in section 15.330.04, "Alternative Equivalent Compliance", of this title, may be obtained to reduce this setback.

      4.   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.

      5.   Lighting: No lighting shall be permitted on a tower except as required by the FAA.

      6.   Fencing And Security: For security purposes, towers and ancillary facilities shall be enclosed by a six foot (6') fence or solid wall.

      7.   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 a commercial or residential land use and seventy five (75) dBA (day)/sixty (60) dBA (night) when adjacent to other uses.

   C.   Proximity To Airports: Wireless communications facilities located on or adjacent to airports shall comply with Federal or State requirements, including but not limited to the Federal Aviation Administration (FAA), Federal Communication Commission (FCC), Nevada Department of Transportation (NDOT), as applicable.

   D.   Other Requirements: At the time a provider requests a building permit, documentation of the project approval from all State or Federal agencies must be provided to the department. (Ord. 603, 11-1-2018)

All applications for design review or conditional use permit shall be made on forms provided by the Community Development Department. Additional information, specifically necessary to analyze the appropriateness of the proposed project location may be requested by the Director during review of the application. (Ord. 603, 11-1-2018)

   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 collocation protocol is designed to increase the likelihood that all reasonable opportunities for collocation have been investigated and the appropriate information has been shared among providers.

The County recognizes that collocation is preferable, where technologically feasible and visually desirable, as a matter of public policy, but that collocation 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 collocation opportunities, and will also assure the County that all reasonable accommodations for collocation have been investigated. This chapter creates strong incentives for collocation because proposals for collocation qualify for a less rigorous approval process.

   B.   Applicability: Requirements for the collocation 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.   Collocation 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:

   E.   Applicant's Obligation To Analyze Feasibility Of Collocation: If a response to a collocation request letter is received by an applicant indicating an opportunity for collocation on an existing tower of another provider, the applicant shall make a good faith effort to analyze the feasibility of collocation. This analysis shall be submitted with an application for a freestanding tower. A good faith effort to investigate the feasibility of collocation 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 collocation at the potential collocation site;

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

      3.   Evidence that adequate site area exists or does not exist at the potential collocation 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 collocation site.

   F.   Result Of Collocation Feasibility Analysis: If the applicant has provided information addressing each of the criteria in subsection E of this section, the collocation 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. 603, 11-1-2018)

   A.   Abandonment Defined: A wireless communication facility which has been discontinued for a period of one year or longer is hereby declared abandoned.

   B.   Removal Of Abandoned Facilities: Abandoned facilities as defined in subsection A of this section shall be removed by the property owner within ninety (90) days from date of abandonment. A demolition permit shall be obtained from the Lyon County Building Department prior to removal of the abandoned facility. Failure to remove an abandoned facility is declared a public nuisance and is subject to penalties per chapter 15 of this title.

   C.   Extension: Upon written application, prior to the expiration of the one year (discontinued period) period, the Director may, in writing, grant a one year extension for reuse of the facility. Additional extensions beyond the one year extension may be granted by the Director or may be referred on to the commission, subject to any conditions required to bring the project or facility into compliance with current regulation(s) and make it compatible with surrounding development. (Ord. 603, 11-1-2018)