§ 17.88.282. Wireless telecommunication facilities.

A.

Purpose. The purpose of this section is:

1.

To establish a review process for the orderly development, operation and maintenance of wireless telecommunication facilities;

2.

To require wireless telecommunication facility providers to design and configure wireless telecommunication facilities in a way that minimizes adverse environmental, noise and visual impacts and to ensure the prompt removal of abandoned facilities;

3.

To minimize the impact of such sites by encouraging location on existing structures, colocation on existing communication structures, and to encourage new facilities to make provisions for future colocation opportunities; and

4.

To allow reasonable opportunity for providers of wireless telecommunication services to provide the benefits of this technology to the county and its citizens.

B.

Permit Requirements.

1.

Zoning Permit. The following antennas, including any ancillary structures, may be approved by a zoning permit pursuant to Section 17.92.060, as long as the facility is installed to meet the ordinance standards and conforms with all other requirements. Any such installation must also be found not to create the potential for adverse impacts such as noise (from generators or other accessory equipment), setback, radio interference, hazardous materials, grading problems or cumulative impacts:

a.

Wireless telecommunication facilities that are architecturally compatible with the current development on the project site and adjoining parcels or are camouflaged/stealthed in such a manner that they would appear as a natural feature of the landscape or appear as a roof structure as described in section 17.84.030 B.1 may be constructed up to one and a half times the height limit in the zone district in which they are located. The camouflaged treatment must be permanent through the life of the facility.

b.

Wireless telecommunication facilities that colocate at an existing structure or are built into a roof structure if the height is not increased.

c.

Modifications and additions to approved facilities if the height is not increased.

2.

Use Permit. New wireless tele-communication facilities, except those facilities as specified in subsection 17.88.282.B.1 shall obtain approval of a use permit pursuant to Section 17.92.020 of this code.

C.

Application Requirements. A wireless telecommunication facility application for either a zoning permit or a use permit shall contain a development plan that includes site plans, drawings, photographs, photo simulations and other information which the planning director/planning commission may require to properly evaluate and process the application. The county may, in its sole discretion, retain an independent consultant to review either individual elements or the entire application at the applicant's expense. The owner of the property on which a wireless telecommunication facility is located may be required to sign an agreement whenever a cell tower permit is requested. The agreement will obligate the property owner to remove any abandoned cell tower apparatus and related equipment in accordance with adopted County ordinances and policies. The agreement shall be signed by the property owner of the permit. The planning director shall furnish and record an agreement which shall serve as a covenant running with the land for the benefit of the county.

D.

General Standards.

1.

Height Limits. The height of a wireless telecommunication tower shall be the minimum necessary to meet the technical requirements of the proposed communication system. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily.

2.

Location. Facilities shall be sited to avoid or minimize land use conflicts.

a.

None shall be sited in a location where it will obstruct the operations of any airport.

b.

None shall be sited in a R-1, R-2, or R-3 zone district or along a state designated scenic highway, or where identified significant historic, cultural or archaeologic resources exist unless it is colocated on a preexisting structure or otherwise camouflaged/stealthed.

c.

None shall be placed within one thousand five hundred feet of an existing wireless telecommunication facility unless environmental documentation verifies that a concentration of towers in close proximity will not have a cumulative adverse impact on the visual character or quality of the site and its surroundings.

3.

Colocation. Any tower or monopole installation subject to this section shall allow colocation.

4.

Noise. Wireless facilities shall be constructed and operated in compliance with the standards of the Shasta County General Plan Noise Element and implementing ordinances and standards.

5.

Lighting.

a.

Tower or monopoles shall not be artificially lighted unless required by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), the Uniform Building Code (UBC), or other state or federal law.

b.

External structure and area lighting shall be permitted only where such lighting is activated and controlled by motion sensors.

6.

Outside Storage. No outdoor storage of equipment, materials, or supplies shall be permitted.

7.

Setbacks. Towers, monopoles, and ancillary structures shall meet the building setback standards established in the district in which the facility is to be located; except when on a lot which is in or adjacent to a residential zone, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.

8.

Landscaping shall be provided and maintained for the life of the facility to screen any ground structures or equipment.

9.

Support structures, antennas, and any associated hardware shall have a non-reflective finish that is maintained for the life of the facility.

10.

Safety. The project site shall be enclosed within a chain link fence at least six-feet high.

11.

Signage. No advertising signage or identifying logos shall be placed on any facility, except small identification plates used for emergency notification.

12.

Licensing. The applicant shall show proof of Federal Communication Commission (FCC) licensing prior to issuance of a building permit.

13.

Aesthetic Consideration. Wireless telecommunication facilities shall not have a significant adverse effect on a scenic vista or significantly impact the existing visual character or quality of the site and its surroundings as verified by environmental documents.

E.

Wireless Telecommunication Facilities Status.

1.

Non-conforming wireless telecommunication facilities are subject to the provisions set forth in Section 17.90.020, with the exception of colocated antennas which may be added onto a nonconforming tower or monopole subject to the provision of this section.

2.

For purposes of this section the following definitions shall apply:

a.

An "existing" wireless telecommunication facility is a facility that is legally existing or approved on the effective date of this section.

b.

A "non-conforming" wireless telecommunication facility is a facility that is existing as of the effective date of this section which does not comply with the applicable standards set forth in this section.

c.

A "conforming" wireless tele-communication facility is a facility that is existing as of the effective date of this section which complies with the standards set forth in this section.

3.

For purposes of Chapter 17.90, the "appraised value" of the wireless telecommunication facility shall be limited to the actual market value of the necessary physical components of the tower, monopole, and ancillary structures as of the date the maintenance or reconstruction is to take place without regard to their income-producing potential as either individual components or as part of an overall facility.

F.

Removal of Facilities.

1.

The operator of a wireless tele-communication facility shall be required to remove all unused or abandoned equipment, antennas, monopoles, or towers within sixty days of abandonment. The facility shall be deemed abandoned if it has not been operational for a consecutive six month period. If such facility is not removed within sixty days, the county may remove the facility at the operator and/or property owner's expense.

2.

Abandoned facilities shall be considered a public nuisance, as defined by Shasta County Code Chapter 8.28. G. Applications determined to be incomplete prior to the approval date of this section shall be subject to these provisions.

(Ord. 2003-1 § 29, 2003; Ord. 2002-7 § 1, 2002)