Chapter 15.37
TELECOMMUNICATION FACILITY AND ANTENNA CRITERIA
Sections:
15.37.010 General purpose and intent.
15.37.030 General requirements.
15.37.050 Mini facilities—Basic requirements.
15.37.060 Minor facilities—Basic requirements.
15.37.070 Major facilities—Basic requirements.
15.37.080 Required registration.
15.37.100 Minimum application requirements.
15.37.120 Transmission tower location.
15.37.130 Structural requirements.
15.37.140 Height determination.
15.37.160 Life of permits—Abandonment.
15.37.180 Zoning district regulations.
15.37.010 General purpose and intent.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and installation of antennas. The regulations contained in this chapter are designed to protect and promote public health, safety, community welfare and the aesthetic quality of Cloverdale as set forth within the goals, objectives and policies of the Cloverdale general plan; while at the same time not unduly restricting the development of needed telecommunications facilities and important amateur radio installations and encouraging managed development of telecommunication infrastructure to insure Cloverdale’s role in the evolution of technology. It is furthermore intended that, to all extent permitted by law, the city shall apply these regulations to specifically accomplish the following:
A. Protect the visual character of the city from the potential adverse effects of telecommunication facility development and minor antenna installation;
B. Retain local responsibility for and control over the use of public rights-of-way to protect citizens and enhance the quality of their lives;
C. Protect the inhabitants of Cloverdale from the possible adverse health effects associated with exposure to high levels of NIER (non-ionizing electromagnetic radiation);
D. Protect the environmental resources of Cloverdale;
E. Insure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the business community;
F. Create and preserve telecommunication facilities that will serve as an important and effective part of Cloverdale’s emergency response network; and
G. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of Cloverdale citizens. (Ord. 518-97 § 2 (part), 1997)
15.37.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section:
“Antenna” means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. Antennas shall include cellular on wheels (COWs) and cellular on light trucks (COLTS) facilities; as well as dispatch carriers for specialized mobile radio (SMR) services and enhanced SMR (ESMR).
Antenna, Building Mounted. “Building mounted antenna” means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building mounted mast less than ten feet tall and six inches in diameter, or structure other than a telecommunication tower.
Antenna, Ground Mounted. “Ground mounted antenna” means any antenna with its base, single or multiple posts, placed directly on the ground or a mast less than ten feet tall and six inches in diameter.
Antenna, Omnidirectional. “Omnidirectional antenna” transmits and/or receives radio frequency signals in a three hundred sixty-degree radial pattern. For the purpose of this chapter, an omnidirectional antenna is, up to fifteen feet in height and up to four inches in diameter.
Antenna, Parabolic. “Parabolic antenna” (also known as satellite dish antenna) means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.
Co-location. See Telecommunication Facility, Co-Located.
“Commercial use” means a use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over any period of time.
“Equipment building, shelter or cabinet” means a cabinet or building used to house equipment used by telecommunication providers to house equipment at a facility.
“Inhabited area” means any residence, any other structure regularly occupied by people, or any outdoor area used by people on a regular basis.
“Lattice tower” means a self-supporting support structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.
“Maximum credible earthquake” means the maximum earthquake predicted to affect a given location based on the known lengths of the active faults in the vicinity.
“Monopole” is a wireless communication facility which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
“NIER” means non-ionizing electromagnetic radiation (i.e., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
“Public service use or facility” means a use operated or used by a public body or public utility in connection with any of the following services; water, wastewater management, public education, parks and recreation, fire and police protection, solid waste management, transportation or utilities.
“Quasi-public use” means a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.
“Readily visible” means an object that stands out as a prominent feature of the landscape when viewed with the naked eye.
“Silhouette” means a representation of the outline of the towers and antenna associated with a telecommunication facility, as seen from an elevation perspective.
“Structure ridgeline” means the line along the top of a roof or top of a structure, if it has no roof.
“Telecommunication facility” means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting such equipment, equipment buildings, parking area and other accessory developments.
Telecommunication Facility, Co-Located. “Co-located telecommunication facility” means a telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.
Telecommunication Facility, Major. “Major telecommunications facility” means all telecommunication facilities not clearly set forth and included in the definition of exempt, minor or mini facilities.
Telecommunication Facility, Mini. “Mini telecommunications facility” means is an attached wireless communication facility consisting, but not limited to, the following:
1. A single ground or building mounted receive-only radio or television antenna including any mast, for the sole use of the tenant occupying the parcel on which the radio or television antenna is located; with an antenna height not exceeding fifty feet;
2. A ground or building mounted citizens band radio antenna including any mast, if the height (tower, support structure, post and antenna) does not exceed fifty feet;
3. A ground or building or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed seventy feet;
4. A ground or building mounted receive-only radio or television satellite dish antenna with diameter exceeding thirty-six inches but less than eight feet in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of the dish does not exceed the height of the ridgeline of the primary structure on such parcel;
5. City owned and operated antennae used for emergency response services, public utilities, maintenance and operations if the height does not exceed seventy feet;
If a facility does not meet these criteria then it is considered either an exempt, minor or major telecommunication facility.
Telecommunication Facility, Minor. “Minor telecommunication facility” means all wireless telecommunication facilities consisting of the following:
1. Antenna which meet the definition of “mini” with the exception of the height limit;
2. Telecommunication facilities less than thirty-five feet in height;
3. A single ground or building mounted whip (omni) antenna without a reflector, less than four inches in diameter whose total height does not exceed thirty-five feet; including any mast to which it is attached, located on commercial and/or industrial zoned property;
4. A ground or building mounted panel antenna whose height is equal to or less than four feet and whose area is not more than four hundred eighty square inches in the aggregate (e.g., one foot diameter parabola or two inches by one and one-half feet panel) as viewed from any one point, located on commercial or industrial zoned property. The equipment cabinets shall be designed, placed and screened to be unobtrusive and effectively unnoticeable;
5. More than three antennas, satellite dishes (greater than three feet in diameter), panel antennas, or combination thereof, are proposed to be placed on the commercial or industrial parcel including existing facilities;
6. Building mounted antennas which, in the opinion of the planning director, are unobtrusive or undetectable by way of design and/or placement on the building, regardless of number, when located on commercial or industrial zoned property;
7. Telecommunication facilities less than fifty feet in height, in compliance with the applicable sections of this chapter, located on a parcel owned by the city of Cloverdale and utilized for public and/or quasi-public uses where it is found by the planning director to be compatible with the existing city uses of the property;
If a facility does not meet these criteria then it is considered a major telecommunication facility.
Telecommunication Facility, Multiple User. “Multiple user telecommunication facility” means a telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only.
“Telecommunications tower” means a mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast greater than ten feet tall and six inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a telecommunications tower. (Ord. 518-97 § 2 (part), 1997)
15.37.030 General requirements.
The following requirements shall be met for all telecommunications facilities in any zoning district:
A. Any applicable general plan goals, objectives, programs and policies, specific plan, PUD standards, design guidelines, and the permit requirements of any agencies which have jurisdiction over the project;
B. All the requirements established by the other chapters of the Cloverdale municipal code and Cloverdale zoning ordinance that are not in conflict with the requirements contained in this chapter;
C. The most current editions of the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable;
D. Any applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations;
E. Any applicable easements or similar restrictions on the subject property, including adopted PUD standards;
F. Facilities and minor antennas cannot be located in any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace over such setback;
G. All setbacks shall be measured from the base of the tower or structure closest to the applicable property line or structure;
H. All commercial telecommunication facilities and minor antenna shall comply at all times with all FCC rules, regulations and standards;
I. All ground mounted towers shall be within a fenced yard or be anti-climbing equipped;
J. At least ten feet of horizontal clearance must exist between the antenna and any overhead power lines;
K. All telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications originating or terminating in the city shall register with the city pursuant to Section 15.37.080 of this chapter. (Ord. 518-97 § 2 (part), 1997)
15.37.040 Exemptions.
The following telecommunication facilities shall be exempt from this chapter, except that a building permit shall be obtained when required by applicable building codes:
A. A single ground or building mounted receive-only radio or television antenna including any mast, for the sole use of the tenant occupying a residential parcel on which the radio or television antenna is located; with an antenna height not exceeding twenty-five feet;
B. A ground or building mounted citizens band radio antenna including mast, if the height (post and antenna) does not exceed forty-five feet;
C. A ground, building or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed forty-five feet;
D. A ground or building mounted receive or transmission satellite dish that is 6.56 feet or less in diameter in areas where commercial and industrial uses are generally permitted;
E. A ground or building mounted receive-only satellite dish that is 3.28 feet or less in diameter in any area regardless of land use or zoning category. (Ord. 518-97 § 2 (part), 1997)
15.37.050 Mini facilities—Basic requirements.
Mini facilities defined in Section 15.37.020 of this chapter may be installed, erected, maintained and/or operated in any residential, commercial or industrial zoning district where such antennas are permitted under this title, upon the issuance of a building permit which has received plot plan review and approval by the planning director, so long as all the following conditions are met:
A. In a commercial or industrial zone, no more than three antenna, satellite dish eight feet or less in diameter where adequate screening, at the discretion of the planning director, is provided; and the telecommunication facilities are solely for the use of the project site tenants-location subject to the discretional review and approval of the planning director;
B. Replacement of pre-existing telecommunication facilities, installed under a prior approval under this chapter which is being proposed for replacement by equipment of identical or a smaller size, at the discretion of the planning director;
C. In a residential zone, where more than one but no more than three antenna or satellite dishes (three feet or less in diameter) are proposed for use by the property site tenants;
D. Sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury;
E. The combined effective radiated power radiated by all of the antennas present on the parcel is less than one thousand five hundred watts;
F. The combined NIER levels produced by all the antennas present on the parcel does not exceed the NIER standards shown in Section 15.37.150. (Ord. 518-97 § 2 (part), 1997)
15.37.060 Minor facilities—Basic requirements.
Minor facilities as defined in Section 15.37.020 of this chapter may be installed, erected, maintained and/or operated in any commercial or industrial zoning district where such antennas are permitted under this title, upon the issuance of a conditional use permit and design review by the planning commission, so long as all the following conditions are met:
A. The antenna use involved is accessory to the primary use of the property which is not a telecommunications facility;
B. No more than two satellite dishes are allowed on the parcel, one of which may be over three feet in diameter, but no larger than eight feet in diameter, with adequate screening, at the discretion of the planning director;
C. Any ground mounted satellite dish with a diameter greater than four feet that is situated less than five times its full diameter from adjoining property lines has screening treatments located along the antenna’s non-reception window axes and low-level landscape treatments along its reception window axes;
D. Any roof mounted panel antenna with a face area greater than three and one-half square feet shall be located so as to be effectively unnoticeable;
E. The facility is located more than seventy-five feet from any residential dwelling unit, except for a residence on the property in which the facility is located;
F. The combined effective radiated power radiated by all the antenna present on the parcel is less than one thousand five hundred watts;
G. The combined NIER levels produced by all the antenna present on the parcel does not exceed the NIER standard established in Section 15.37.150 of this chapter;
H. The antenna is not situated between the primary building on the parcel and any public or private street adjoining the parcel so as to create a negative visual impact;
I. The antenna is located outside all yard and street setbacks specified in the zoning district in which the antenna is to be located and no closer than twenty feet to any property line;
J. None of the guy wires employed are anchored within the area in front of the primary structure on the parcel;
K. No portion of the antenna array extends beyond the property lines or into the area in front of the primary building on the parcel so as to create a negative visual impact. (Ord. 518-97 § 2 (part), 1997)
15.37.070 Major facilities—Basic requirements.
Major facilities as defined in Section 15.37.020 of this chapter may be installed, erected, maintained and/or operated in any zoning district where such facilities are permitted under this title, upon the issuance of a conditional use permit and design review by the planning commission, so long as all the following conditions are met:
A. No major telecommunication towers used for transmission, other than amateur operator antennas, shall be allowed in the residential (R) districts or within residential areas of planned development (PD) districts.
B. The combined effective radiated power radiated by all the telecommunication facilities present on the parcel complies with FCC requirements.
C. The combined NIER levels produced by the telecommunication facilities present on the parcel comply with NIER standard established in Section 15.37.150. (Ord. 518-97 § 2 (part), 1997)
15.37.080 Required registration.
A. Registration Required. All telecommunications carriers and providers that offer or provide any telecommunications services for a fee directly to the public, either within the city, or outside the corporate limits from telecommunications facilities within the city, shall register with the city pursuant to this section on forms to be provided by the planning director, which shall include the following:
1. The identity and status of the registrant, including any affiliates;
2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;
3. A narrative and map description of registrant’s existing or proposed telecommunications facilities within the city;
4. A description of the telecommunications services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions with the city;
5. Information sufficient to determine that the applicant has applied for and received any certificate of authority required by the California Public Utility Commission to provide telecommunications services or facilities within the city;
6. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the Federal Communications Commission (FCC) to provide telecommunications services or facilities within the city.
7. Such other information as the planning director may reasonably require. Each application for registration as a telecommunications carrier or provider shall be accompanied by a fee as set forth by resolution of the city council. (Ord. 518-97 § 2 (part), 1997)
15.37.090 Design guidelines.
To the greatest extent possible, all telecommunication facilities should be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including the public street. To this end, the following design guidelines shall be complied with:
A. No telecommunication tower shall be installed on an exposed ridgeline, unless it is found not to be readily visible from off site.
B. Telecommunication facilities shall be located and designed to avoid blocking and/or substantially altering scenic resources.
C. Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission.
D. Building mounted telecommunication facilities are encouraged over telecommunication towers.
E. Building mounted telecommunication facilities should be integrated with existing structures.
F. Telecommunication facilities shall be designed and painted a color that blends with the surrounding natural or man-made features.
G. Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception.
H. The design of fencing, landscaping, and other screening for telecommunication support facilities shall be integrated and compatible with surrounding improvements.
I. Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel unless sufficiently screened.
J. Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single taller tower.
K. Co-location of facilities by separate carriers is encouraged where appropriate and feasible. (Ord. 518-97 § 2 (part), 1997)
15.37.100 Minimum application requirements.
The planning director shall establish and maintain a list of submittal information that may be required for telecommunication facilities. The information may include, but not be limited to, mailing labels, completed application forms, service area maps, network maps, alternative site or location analysis, landscape plan, site photos, visual impact analysis and demonstrations including mock-ups, line of sight sections, photo montages, facility design alternatives, NIER (non-ionizing electromagnetic radiation) exposure studies, title reports, security programs, lists of other nearby telecommunication facilities, and master plans for all related facilities in the city. The director may release an applicant from having to provide one or more of the pieces of the information on the list upon the finding that in the specific case involved such information is not necessary to process or make a decision of the application being submitted. (Ord. 518-97 § 2 (part), 1997)
15.37.110 Visual analysis.
Visual analysis, which may include photo montage, field mock-up, line of sight sections, or other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility to the satisfaction of the planning director. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess impacts of the facility, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. All costs for the visual analysis shall be borne by the applicant. (Ord. 518-97 § 2 (part), 1997)
15.37.120 Transmission tower location.
This section shall only apply to major transmission towers, other than amateur operator towers:
A. For major tower facilities, an analysis shall be prepared by or on behalf of the applicant, which identifies reasonable, technically feasible, alternative locations and/or facilities which would provide comparable service. The intention of the alternatives analysis is to present alternative sites which would minimize the number, size and potential adverse environmental impacts of facilities necessary to provide services. The analysis shall address the potential for co-location at an existing or new tower site and shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives.
B. All properties and towers found suitable for co-location and multiple users shall be designed to promote facility and site sharing. To this end, telecommunication towers and necessary appurtenances, including, but not limited to, parking areas, access roads, utilities and equipment buildings shall be shared by site users, when in the determination of the director or planning commission, as appropriate, this will minimize overall visual impacts to the community. Where co-location is warranted, telecommunication towers shall be designed to accommodate a minimum of two users with comparable facilities.
A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and response to such request shall be made in a timely manner and in writing and copies shall be provided to the city. Co-location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where lease arrangements fail. (Ord. 518-97 § 2 (part), 1997)
15.37.130 Structural requirements.
A. No telecommunication facility shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end, any telecommunication facility shall be designed to withstand without failure the maximum forces expected from wind and earthquakes when the facility is fully loaded with antennas, transmitters and other equipment. Initial demonstration of compliance with this equipment shall be provided via submission of a report to the building official prepared by an engineer licensed by the state of California, or as otherwise determined. The report shall address the number and type of antennas the facility is designed to accommodate.
B. The host of proposed telecommunication towers which are suitable for co-location shall be designed to structurally accommodate a minimum of two users with similar facilities. (Ord. 518-97 § 2 (part), 1997)
15.37.140 Height determination.
The height of proposed telecommunication towers shall be measured from the average ground level below the facility to the highest point of the facility including any antennas. In the case of building mounted facilities, the height of the facility shall include the height of the portion of the building on which the facility is mounted. In the case of “crank-up” or similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. (Ord. 518-97 § 2 (part), 1997)
15.37.150 NIER exposure.
A. No telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area as this term is defined in Section 15.37.020 that exceed the ANSI (American National Standards Institute) C95.1-1992 standard for human exposure or any more restrictive standard subsequently adopted or promulgated by the city, county, the state of California, or the federal government.
B. Initial compliance with this requirement shall be demonstrated for any facility within one hundred feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc., and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER (Non-Ionizing Electromagnetic Radiation calculations) specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed eighty percent of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the state of California to measure NIER levels at the location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the planning director. The facility shall not commence normal operations until it complies with, or has been modified, to comply with this standard. Proof of such compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the city may require, at the applicant’s expense, independent verification of the results of the analysis.
C. If the NIER standards change, then every transmission telecommunication facility shall demonstrate compliance with the new standard via a report by a qualified electrical engineer licensed by the state of California within ninety days of the date that such changes become effective. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the conditional use permit or other entitlement. (Ord. 518-97 § 2 (part), 1997)
15.37.160 Life of permits—Abandonment.
A. A conditional use permit issued pursuant to this chapter or a plot plan approval issued pursuant to this chapter authorizing establishment of a telecommunication facility, except exempt facilities as defined in Section 15.37.040, shall be reviewed every ten years. Grounds for revocation of the conditional use permit, pursuant to Section 18.03.210 of the Cloverdale zoning ordinance, shall be limited to a finding that:
1. The use involved is no longer allowed in the applicable zoning district;
2. The facility fails to comply with the relevant requirements of this chapter as they exist at the time of renewal and the permitter has failed to supply assurances acceptable to the planning director that the facility will be brought into compliance within one hundred twenty days;
3. The permitter has failed to comply with the conditions-of-approval imposed; and
4. The facility has not been properly maintained.
B. If a use permit or other entitlement for use is not renewed, it shall automatically become null and void without notice or hearing, ten years after it is issued or upon cessation of use for more than a year and a day, whichever comes first. Unless a new use permit or entitlement of use is issued, within one hundred twenty days thereafter all improvements installed shall be removed and the site shall be restored to its natural condition within one hundred eighty days of non-renewal. C. To insure the removal of an abandoned telecommunication facility, the project applicant or sponsor shall post surety to cover the cost of removing the facility if it is abandoned within a prescribed period. As used in these provisions, the word “abandoned” means a facility that has not been operational for a consecutive six-month period, except where nonoperation is the result of maintenance or renovation activity pursuant to valid city permits. Such facilities which would be required under the use permit or other city approval to post surety for their removal would include a telecommunication tower, one or more buildings/equipment enclosures larger than three hundred square feet, more than three satellite dishes of any size, or a satellite dish larger than four feet in diameter. The type and form surety shall be in a form consistent with city ordinance and the amount determined by the planning commission or planning director which is sufficient to defray expenses associated with the removal of the telecommunication facility. (Ord. 518-97 § 2 (part), 1997)
15.37.170 Exceptions.
A. Exceptions to the requirements specified within this chapter may be granted through issuance of a conditional use permit by the planning commission. Such a permit may only be approved if the planning commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.
B. Tower setback requirements may be waived under any of the following circumstances:
1. The facility is proposed to be co-located onto an existing, legally established telecommunication tower; and
2. Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. (Ord. 518-97 § 2 (part), 1997)
15.37.180 Zoning district regulations.
A. Through the adoption of this chapter, new regulations are added to the Cloverdale zoning ordinance, Chapter 18.03 et seq., to provide for, but not be limited to, the following:
1. For all zoning districts referenced in this ordinance, all mini-telecommunication facilities shall be required to obtain review and approval of a plot plan review pursuant to Section 18.03.080 of the Cloverdale zoning ordinance. The planning director may refer a plot plan review application for a mini-telecommunication facility to the planning commission for consideration if it is determined that the public interest would be furthered or one of the basic requirements cannot be met. The table of uses permitted outlined in the city zoning code for each of the residential, commercial and industrial districts, shall be so amended to reflect the provisions of this chapter.
2. For all zoning districts referenced in this chapter, all minor and major telecommunication facilities shall be required to obtain review and approval of a conditional use permit and design review application by the planning commission. The table of uses permitted outlined in the city zoning code for each of the residential, commercial and industrial districts, shall be so amended to reflect the provisions of this chapter.
3. Section 18.08.040 of the city zoning code, special provisions and developments, and further entitled “Antennas and Satellite Dishes” shall be so amended to include the provisions of this chapter. (Ord. 518-97 § 2 (part), 1997)
15.37.190 Public notice.
For the following special noticing shall be provided:
A. Notice of consideration or a public hearing, as appropriate, on a conditional use permit authorizing the establishment or modification of a telecommunication facility shall be provided to the operators of all telecommunication facilities, registered with the city pursuant to Section 15.37.080, within one mile of the subject parcel via mailing of the standard legal notice prepared; and
B. A planning commission public hearing shall be held on all minor and major telecommunication facilities. (Ord. 518-97 § 2 (part), 1997)
15.37.200 Appeals.
Any person who disagrees with a ruling or interpretation of the planning director or planning commission regarding this chapter may appeal the matter to the planning commission. Any person who disagrees with a ruling or interpretation of the planning commission regarding this chapter may appeal the matter to the city council. All appeals shall be filed and processed pursuant to the provisions of the Cloverdale City Zoning Code Section 18.03.210. (Ord. 518-97 § 2 (part), 1997)