(A) A telecommunications facility requires a use permit issued under San Benito County Code Title 25, as amended from time to time.
(B) Extensive modifications to existing wireless communications facilities shall be subject to the review and approval of the Planning Commission through either a renewal review of the original use permit, or through amendment of the original use permit. Minor changes, i.e., changing/adding antennas or base receiver equipment, shall require a building permit and administrative review by the Planning Department to determine if use permit and/or amendment shall be necessary.
(C) The applicant shall provide written notification to the Director upon cessation of operations on the site exceeding a 90-day period. The applicant shall remove all obsolete or unused facilities from the site within 180 days of termination of its lease with the property owner or cessation of operations.
(D) If a consecutive period of 180 days has lapsed since cessation of operations, a new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit.
(E) The applicant shall provide signage as required, including phone numbers of the utility provider, for use in case of emergency. The signs shall be visibly posted at the communications equipment/structure (base station) in English and Spanish.
(F) If the Director finds evidence that conditions of approval of a permit for a telecommunications facility have not been fulfilled, the Director may refer the permit to the Planning Commission and/or the county’s Board of Supervisors for review. Upon the review, the county’s Planning Commission or Board of Supervisors may modify or revoke the permit if the conditions have not been met.
(G) Prior to issuance of any permits for new telecommunications facilities, the applicant shall provide an irrevocable letter of credit or other reasonable form of security satisfactory to county counsel for the removal of the facility in the event that its use is abandoned or its use permit is terminated. The amount of the bond is to be determined by the nature of the project.
(H) The Planning Director shall determine the appropriate number of telecommunications service providers per site. No more than three antenna groupings from three different telecommunications carriers shall be placed on any single monopole, unless technological advances in the design of the antennas make them minimally obtrusive. A maximum of six support structures per site shall be allowed provided the visual impacts can be mitigated to a level of insignificance. Applicant may obtain a variance from the provisions of this chapter upon demonstrating that the location of an additional support structure at the site is essential for the provision of service in the applicant’s service area, that good faith efforts were made to secure other locations, why those efforts were unsuccessful, and that location at another site is not technologically feasible.
(I) Whenever the county’s Code Enforcement Officer determines that any property within the county is being maintained contrary to the provisions of this chapter and constitutes a public nuisance, he or she may precede with administrative abatement, pursuant to the San Benito County Code Chapter 1.03, as amended from time to time.
(J) Renewal of use permit shall be required every five years.
(1966 Code, § 34-4) (Ord. 762, § 1(part), 2003)