A.   The purpose of this chapter is to address planning issues, serviceability, location, safety, and aesthetic concerns, brought on by the demand for wireless telecommunications facilities.

   B.   The regulations contained herein are intended to maximize service and optimize location of wireless telecommunications facilities in rural areas throughout the County while minimizing the visual impact. The regulations are further intended to encourage collocation of facilities and set forth clear and objective approval criteria.

   C.   The requirements of this chapter apply to low power radio services, both analog and digital, such as "cellular" and "PCS" (personal communications system) communications and paging systems. All facilities shall comply with the following regulations and all other ordinances of the County and any pertinent regulations of the Federal Communications Commission and the Federal Aviation Administration. The regulations contained herein are pursuant to the Telecommunications Act of 1996. This chapter shall not apply to the following types of communications devices, although they may be regulated by other County ordinances and policies:

      1.   Amateur Radio: Any tower or antenna owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

      2.   Satellite: A device designed for the over the air reception of television broadcast signals, multichannel multipoint distribution service or direct satellite service.

      3.   Cable: Any cable television headend or hub towers and antenna used solely for cable television service. (Ord. 2017-1087-O, 4-18-2017)

The following definitions are specific to this chapter:

ANTENNA: A transmitting or receiving device used in telecommunications that radiates or captures radio signals.

COLLOCATION: The location of an antenna on an existing structure, tower or building that is already being used for telecommunications service facilities.

GUYED TOWER: A tower that supports an antenna or antennas and requires guywires or other stabilizers for support.

LATTICE TOWER: A self-supporting multiple sided, open steel frame structure used to support telecommunications equipment.

MONOPOLE: A single cylindrical steel pole that acts as the support structure for antennas.

STEALTH FACILITY: A wireless telecommunications facility that is a wall, roof, or monopole facility disguised or concealed from view, such as, but not limited to, artificial trees, synthetic rocks, or architectural elements such as corners, steeples, and chimneys.

WIRELESS TELECOMMUNICATIONS FACILITY: An unmanned structure which consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or (wireless) transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached. (Ord. 2017-1087-O, 4-18-2017)

   A.   Required: A site location development master plan shall be submitted by each company desiring placement of wireless telecommunications facilities. The development master plan shall be submitted and accepted by the Planning Commission prior to the processing of any permits for permitted or conditional use locations.

   B.   Future Amendments: Future amendments of a significant nature to each company's development master plan shall be submitted and reviewed by the Planning Commission prior to approval of additional facility location. The development master plan shall show approximate locations of future facilities, and provide specific locations when possible, but are not required to detail the specific type (i.e., pole, roof, wall mount) of facility. The Community Development Director shall determine whether changes in the development master plan are significant enough to require Planning Commission review. (Ord. 2017-1087-O, 4-18-2017)

   A.   Permitted Uses:

      1.   Wireless Telecommunications Facilities In Unincorporated Areas: Wireless telecommunications facilities located in the unincorporated areas of the County, subject to complying with standards contained herein, obtaining a lease agreement if applicable, and as permitted by zone as set forth in table 10-21-4 of this section.

      2.   Collocation Of Antenna On Existing Towers: Collocation of antennas on existing towers in industrial, commercial, agricultural, open space or mining and grazing zones; provided, that additional antennas are no more than twenty feet (20') higher than the existing tower.

      3.   Collocation Of Antennas On Existing Nontower Structures: Collocation of antennas on existing nontower structures in industrial, commercial, agricultural, open space or mining and grazing zones, provided the additional antennas are no more than ten feet (10') higher than the existing structure, and the color of the antennas blend with the surroundings, and not more than three (3) providers are located on the structure. Antennas within a historic district shall be considered a conditional use.

      4.   Towers In Mining And Grazing Or Industrial Zones: Towers not exceeding thirty five feet (35') tall in a mining and grazing or industrial zone. Towers exceeding thirty five feet (35') may be allowed with approval of the Planning Commission.

      5.   Installation Of Accessory Equipment Shelters: Any provider who is authorized to collocate on an existing tower or nontower structure, or install a new tower as provided above, 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 the accessory equipment shelter and related equipment is either located completely within the existing structure or is located within the approved fenced area. The equipment shelter shall comply with the development standards (i.e., setbacks, height limitations, bulk, etc.) of the base zone. Additionally, no previously approved landscaping (trees or shrubs) shall be removed in order to locate the accessory building or equipment unless it is replaced with the equivalent quantity and type of landscaping on site. This shall be done in a manner as to achieve the original intent, or to achieve sufficient screening of any proposed new shelter and/or equipment if the original intent would no longer be applicable. If any removed landscaping cannot be replaced on site, then the applicant shall be required to process the application through the conditional use permit process set forth in chapter 18 of this title.

   B.   Conditional Uses:

      1.   All wireless telecommunications facilities other than those described as permitted uses in subsection A of this section shall be considered conditional uses and subject to review and approval as set forth in chapter 18 of this title.

   C.   Permitted And Conditional Wireless Telecommunications Facilities Allowed By Zone: Permitted and conditional uses are indicated by a "P" or "C", respectively, in the appropriate column. Uses not permitted are indicated by "N". Any use not shown on the table of this section shall be prohibited.

   TABLE 10-21-4

   PERMITTED AND CONDITIONAL WIRELESS

   COMMUNICATION FACILITIES ALLOWED BY ZONE

 

(Ord. 2017-1087-O, 4-18-2017)

Wireless telecommunications facilities are characterized by the type or location of the antenna structure. The general types of such antenna structures and the standards for the installation of each type are as follows:

   A.   Monopole and lattice tower with antennas and antenna support structures: A monopole or lattice tower is allowed as designed and engineered. No such antenna shall be located within one hundred fifty feet (150') of a residential zone unless approved by the Planning Commission. (Ord. 2017-1087-O, 4-18-2017)

   A.   Collocation: It is the policy of the County to encourage collocation of facilities wherever feasible. The burden will be on the applicant to demonstrate why collocation is not feasible.

   B.   Prohibited Areas: Monopoles or towers shall not be allowed within any required front yard setback or within any required landscaped area, buffer area or parking area.

   C.   Accessory Buildings To Antenna Structures: Accessory buildings to antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located. All tower sites shall be fenced with a six foot (6') vinyl coated chainlink fence or other fencing as approved or required by the Planning Commission. The climbing pegs shall be removed from the lower twenty feet (20') of all tower types. All power lines on the lot leading to the accessory building and antenna structure shall be underground.

   D.   Fence Requirement: Any commercial antennas under this chapter shall be fenced.

   E.   Historic Districts: Any antenna proposed for a location within a historic district or on a landmark site is subject to approval through the Planning Commission.

   F.   Antennas And Mounting Structures On Or Over Public Right- Of-Way: Antennas and mounting structures are not permitted to encroach on or over the public sidewalk or on or over a public right-of-way.

   G.   Nonmaintained Or Abandoned Facilities: The Community Development Director may require each nonmaintained or abandoned wireless telecommunications tower or antenna to be removed from the building or premises when such an antenna has not been repaired or put into use by the owner, person having control, or person receiving benefit of such tower or antenna within thirty (30) calendar days after notice of nonmaintenance or abandonment is given to the owner, person having control, or person receiving the benefit of such structure. The County may require a cash or surety bond to guarantee removal of the tower and/or antenna. The bond amount shall be determined upon review by County staff. Failure to remove antennas, monopoles, and/or lattice towers after receiving written notice to remove is a violation of the terms of this chapter.

   H.   Engineering Review:

      1.   The County may, if it deems necessary, cause each site to be reviewed by a State qualified electrical engineer. The State qualified electrical engineer may review the submitted information to determine if other sites are available to achieve an equivalent signal distribution and not significantly affect the operation of the wireless telecommunications facility. Such a review shall be made when an applicant indicates that no other acceptable site exists.

   I.   Permits: Prior to the construction of any facility, the applicant shall obtain the proper building permits, encroachment permits and other permits as required by County codes. (Ord. 2017-1087-O, 4-18-2017)