(A) Definitions. For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows.
ANTENNA. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other commercial signals. ANTENNA shall not include any noncommercial satellite dish antenna utilized for amateur radio, citizens band radio, television, AM/FM, public safety broadcasting or short-wave radio reception purposes.
(1) BUILDING MOUNTED. An antenna which is fully or partially supported by the roof or exterior wall of a building or other structure.
(2) GROUND MOUNTED. An antenna which is fully or partially supported platform, framework, pole or other structural system that is affixed to or placed directly on or in the ground.
CO-LOCATION. The location of two or more wireless communication facilities on a single support structure. For the purposes of this chapter, co-location shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, communication towers and other facilities and structures.
COMMUNICATION TOWER. Any structure which is used to transmit or receive electromagnetic radio frequency waves or that support such a device.
ELECTROMAGNETIC RADIO FREQUENCY WAVES. Waves of electric and magnetic energy radiating away from a transmission source to be picked up by a receiving antenna for the purpose of communication information.
STEALTH FACILITY. Any communication facility that is designed to blend into the surrounding environment, and is visibly unobtrusive. Examples of stealth facilities may include architectural screened roof mounted antennas; facade-mounted antennas painted and treated as architectural elements to blend with existing building, facilities camouflaged as trees or appropriate structure. Also know as CONCEALED TELECOMMUNICATION FACILITIES.
WIRELESS COMMUNICATION FACILITY. A facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.
(B) General requirements.
(1) State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(2) Building codes and safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for removal of the tower or antenna at the owner’s expense.
(3) Measurement. For the purpose of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunications facility to the nearest point of another major wireless telecommunications facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.
(4) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(5) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless telecommunication system in the city have been obtained and shall file a copy of all required franchises with the Planning and Building Director.
(6) Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.
(C) Antennas. All antennas shall be subject to application and approval of a conditional use permit, in accordance with Chapter 10.116 of the zoning regulations, and shall be permitted in the following locations:
(1) Camouflaged or stealth antennas are permitted in all zoning districts up to 70 feet in height;
(2) Non-camouflaged antennas up to 50 feet in height with a 100 foot setback from residential zones;
(3) Non-camouflaged antennas that exceed 50 feet in height but not greater than 70 feet in height, shall have a 300 foot setback from residential zones, except where existing tall structures, such as water towers or buildings, utilizing only antenna transmitting or receiving screens or dishes need not comply with the 300 foot setback; and
(4) Antennas in industrial zones may extend to 150 feet in height provided the following findings are met:
(a) That the additional height is needed for public safety or for radio/television transmission;
(b) That there is a minimum of 300 foot separation between the antenna and residential zoning; or
(c) That there are special circumstances which justify the additional height to 150 feet at the requested location.
(D) Administrative adjustment. The Planning and Building Director may allow an increase in the height of any permitted antenna, permitted under § 10.204.070 (C), not to exceed 20% of the height limitations described in the chapter, based upon the following findings:
(1) There is no feasible alternative to allowing the height increase or the result of not allowing the height increase would result in an increase in the number of antennas necessary;
(2) Approval would not result in a significant negative impact to the immediate neighborhood; or
(3) There are other tall structures or trees that require the antenna to be taller to provide service.
(E) Development standards. Installation of conditionally permitted antennas shall be subject to the following conditions:
(1) Antennas shall be guarded by a fence or some other means to prevent public access, as a deterrent from climbing or vandalism.
(2) The configuration and color shall be compatible with the neighborhood.
(3) If, at any time, all or part of the antenna for which a CUP has been approved is no longer in use, the Director of Planning and Building Department may cause the removal of all or part of the subject antenna.
(4) The Planning Commission may impose conditions they believe are reasonable, on any conditionally permitted antenna.
(5) Co-location shall be encouraged in all cases where feasible and reasonable to do so.
(6) Support structures and site area for wireless telecommunications antenna shall be designed and of adequate size to allow at least one additional wireless service provider to co-locate on the structure.
(7) Towers shall not be artificially lighted unless required by the FAA or other applicable authority. All objects affecting navigable airspace must comply with Federal Aviation Regulation § 77 and must be in conformance with the current land use designations for land within one mile of the runway.
(8) For the protection of emergency response personnel, each telecommunications facility shall have an on-site emergency “kill switch” to de-energize all RD-related circuitry/componetry at the site. For collection facilities, a single “
(9) Setbacks.
(a) Antennas and accessory structures in compliance with height restrictions of this chapter shall also comply with the required building setbacks for the zoning district in which the facility is located;
(b) Antennas shall not be located within the required front-yard area of any parcel.
(10) Required separation. An antenna located within 1,000 foot radius of any other co-locatable antenna, measured from the base of tower to base of tower shall be required to meet the following findings.
(a) The granting of the reduction will not substantially impair the intent and purpose of this title or the goals, policies, and objectives of the adopted General Plan;
(b) The reduction is not requested exclusively on the basis of economic hardship to the applicant;
(c) The reduction is necessary and essential to providing the applicant’s wireless service based on the technical constraints and the lack of other available appropriately zoned land outside the radius; and
(d) Evidence has been submitted to the satisfaction of the city demonstrating that co-location on existing tower structures is not available or is not technically feasible. Evidence may include a written statement from the service provider with the existing facility that collation is not feasible.
(11) Fencing. All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit graffiti.
(12) Signage. A permanent, weather-proof identification sign, approximately 16 inches by 32 inches in size, must be placed on the gate of the fence surrounding the facility or, if there is not fence, on the facility itself. The sign must identify the facility operator(s), provide the operator’s address, and specify a 24 hour telephone number at which the operator can be reached so as to facilitate emergency services.
(13) Landscaping shall be in accordance with the requirements combined in Chapter 10.196: Landscaping.
(14) Noise and traffic.
(a) Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 7:00 p.m.
(b) Traffic shall be limited to no more than one round-trip per day on a average annual basis once construction is complete, except for emergency maintenance purposes.
(F) Required information for new towers and antennas.
(1) Consistent with applicable laws. This section shall apply, to the fullest extent allowed by and consistent with applicable federal, state, and California Public Utility laws and regulations, to all new wireless towers and facilities, including towers and antennas proposed to be located on private or public property, as well as proposed to be located in, along, or across the public right-of-way.
(2) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Planning and Building Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are in the Tulare Urban Area Boundary (UAB), including specific information about the location, height, and design of each tower. The Planning and Building Director may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however, that the Planning and Building Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(3) Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under the height limitation of the relevant zone and is owned and operated by a federally-licensed amateur radio station operator, or is used exclusively for receive only.
(4) Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section, unless the applicant proposes to increase the height of the antenna.
(a) Type of technology. A written description of the types of technology to be provided to its customers over the next five years, (e.g., Cellular, PCS, ESMR);
(b) Radio frequencies. A description of the radio frequencies to be used for each technology;
(c) Services. The type of consumer services (voice, video, data transmission) and consumer products (mobile phones, laptop PC’s, modems) to be offered; and
(d) All facilities. Provide a list of all existing, existing to be upgraded or replaced and proposed cell sites within the city for these services by the company;
(G) General screening and site selection guidelines.
(1) The design of stealth facilities and camouflaged antennas are subject to approval by the Planning Commission.
(2) Wireless telecommunication facilities shall be located where the existing topography, vegetation, building or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Planning and Building Director, or as otherwise required through the approval of a CUP or variance.
(3) Ground-mounted wireless telecommunication facilities shall be located only in close proximity to existing above-ground utilities, such as permanent electrical towers, light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.
(4) Wireless telecommunication facilities shall be located in the following order of preference.
(a) Integrated into building/structure design (stealth sites) co-located with other major wireless communication facilities.
(b) On existing structures such as buildings, communication towers, or utility facilities not subject to the city’s franchise agreements.
(c) On existing signal, power, light or similar kinds of permanent poles.
(1995 Code, § 10.204.070) (Ord. 07-21, passed 9-18-2007; Ord. 00-1854, passed - -2000)