Title 23 COASTAL ZONE LAND USE
Chapter 23.08 SPECIAL (S) USES
23.08.284 Communications facilities.
The requirements of this section apply to communication facilities (where
designated as S-13 uses by Coastal Table O, Part 1 of the land use element and
defined in Chapter 7, Section D) in addition to all applicable permit
requirements and standards of the Federal Communications Commission (FCC) and
any other applicable federal or state statutes or regulations. Communication
facilities in the residential suburban, single and multifamily land use
categories shall be limited to those facilities specified in subsection (b) of
this section.
(a) Permit Requirements.
(1) In addition to the emergency
repair and the general permit requirements of Sections 23.08.286(a) and (b),
development plan approval is required for any new facility or modification of
any existing facility which would increase the power output or the power
received, or the structure heights above those specified in Section 23.04.120
through 23.04.124, or modify any operational standards causing a change in
exterior noise, vibrations, air quality, water quality or storage and use of
toxic and hazardous materials as specified in Chapter 23.06 of this
title.
(2) The application for a land use permit shall contain estimates of
the non-ionizing radiation generated by the facility and/or received by the
facility. These shall include estimates of the maximum electric and magnetic
field strengths at the edge of the facility site, the extent that measurable
fields extend in all directions from the facility.
(b) Wireless
Communication Facilities.
(1) Permit Requirement.
(A) Minor Use
Permit.
(i) Existing Structures. Installation proposed on existing
structures (buildings, water tanks, signs etc.), existing electric transmission
towers, or any other applicable existing structure,
(ii) Co-location.
Wireless communication system antenna or other similar equipment that share
locations with their own or other carriers’ antennas either on existing
monopoles, existing structures (buildings, water tanks, signs etc.), existing
electric transmission towers, existing lattice towers or any other existing
structures;
(B) Development Plan. Required for any wireless communication
antenna or other similar equipment not meeting subsection (b)(1)(A) of this
section;
(2) Application contents. In addition to all information required
by Chapter 23.02 and subsection 23.08.286(b)(3) of this section, the applicant
shall submit the following information:
(A) Information on the proposed
rights-of-way, including width, ownership, present land use, slope, soils and
vegetation, types of sizes of towers or other structures to be used, proposed
screening or other method of finishing so as to be unobtrusive to the
neighborhood in which it is located;
(B) Estimates of the maximum electric
and magnetic field strengths at the edge of the facility site and the extent
that measurable fields extend in all directions from the facility;
(C) If
co-location is not proposed, the applicant shall provide information pertaining
to the feasibility of joint-use antenna facilities, and discuss the reasons why
such joint use is not a viable option or alternative to a new facility site.
Such information shall include:
(i) Whether it is feasible to locate
proposed sites where facilities currently exist,
(ii) Information on the
existing structure which is closest to the site of the applicant’s
proposed tower relative to the existing structure’s structural capacity,
radio frequency interference, or incompatibility of different technologies,
which would include mechanical or electrical
incompatibilities,
(iii) Written notification of refusal of the existing
structure owner to lease space on the structure;
(3) Development Standards.
The following standards apply to the development of proposed wireless
communication system antenna and related facilities in addition to any that may
be established during the permit review process:
(A) Setbacks. As set forth
in Section 23.04.106 et seq. except where locating the facility outside those
setbacks is the most practical and unobtrusive location possible on the proposed
site;
(B) Co-location. Applicant shall pursue placement of facilities in the
following preferential order:
(i) Side-mount antenna on existing structures
(buildings, water tanks, etc.) when integrated into the existing structure,
completely hidden from public view or painted and blended to match existing
structures, or
(ii) Within existing signs when blended within or on existing
signage to be completely hidden from public view, or
(iii) Atop existing
structures (buildings, water tanks, etc.) with appropriate visual/architectural
screening to be completely hidden from public view, or
(iv) Existing
monopoles, existing electric transmission towers, and existing lattice towers,
or
(v) New locations;
(C) Signs. No sign of any kind shall be posted or
displayed on any antenna structure except for public safety
warnings;
(D) Screening. All antennas shall be screened with vegetation or
landscaping. Where screening with vegetation is not feasible, the antenna shall
be disguised to resemble rural, pastoral architecture (ex: windmills, barns,
trees) or other features determined to blend with the surrounding area and be
finished in a texture and color deemed unobtrusive to the neighborhood in which
it is located;
(E) Availability. All existing facilities shall be available
to other carriers as long as structural or technological obstacles do not
exist.
(4) Unused Facilities. All obsolete or unused facilities shall be
removed within twelve months of cessation of telecommunication operations at the
site. (Ord. 2885 §§ 1, 2, 1999; Ord. 2592 § 9 (part),
1992)
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