Chapter 17.73
COMMUNICATION TOWERS AND FACILITIES
Sections:
17.73.040 Development criteria.
17.73.060 Lighting and signage.
17.73.070 Environmental standards.
17.73.100 Abandonment or discontinuation of use.
17.73.010 Purpose.
The purpose of this chapter is to ensure greater compatibility between communication facilities and adjacent land uses, to protect the general public, and to provide for the communication needs of the region by establishing design and operating standards. (Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.020 Definitions.
For the purpose of this chapter, certain terms and words as used herein are defined as follows:
“Above ground level” means a measurement of height from the natural grade of a site to the highest point of a structure.
“Antenna” means the surface from which wireless radio signals are sent and received by a personal wireless facility.
“Camouflaged” means a communication tower or facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure.
“Carrier” means a company that provides communications services.
“Collocation” means the use of single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on an existing building or structure by more than one carrier.
“Elevation” means the measurement of height above sea level.
“Equipment shelter” means an enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
“Fall zone” means the area within which there is a potential hazard from falling debris or collapsing material.
“Guyed tower” means a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
“Lattice tower” means a type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
“Licensed carrier” means a company authorized by the Federal Communications Commission (FCC) to construct and operate a commercial mobile radio services system.
“Monopole” means the type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform or racks for panel antennas arrayed at the top.
“Omnidirectional (whip) antenna” means a thin rod that beams and receives a signal in all directions.
“Panel antenna” means a flat surface antenna usually developed in multiples.
“Personal wireless service facility” means a facility for the provision of personal wireless services, as defined by the Telecommunications Act.
“Security barrier” means a locked, impenetrable wall, fence, or berm that completely seals an area from unauthorized entry or trespass.
“Separation” means the distance between one carrier’s array of antennas and another carrier’s array.
“Stealthing” means designing a communications tower and facilities to be architecturally incorporated into the surrounding community’s environs while minimizing aesthetic impacts. Examples of stealthing include, but are not limited to, steeples, windmills, water towers, flag poles or chimneys. (Ord. 2014-04 § 2 (part), 2014; Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.030 Process.
A. Applications for communications towers and facilities shall be allowed in the zones identified by use matrices in Chapters 17.26, 17.48, and 17.54. Communication towers and facilities shall be subject to any such condition as deemed appropriate by administrative approval or the planning commission.
B. Telecommunications facilities to be located on city-owned buildings or infrastructure, located on rights-of-way or city-owned property, pursuant to a master telecommunications siting agreement, meeting the requirements of city policy, are exempt from the provisions of this chapter. (Ord. 2018-07 § 2, 2018: Ord. 2014-04 § 2 (part), 2014: Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.040 Development criteria.
In order for a conditional use permit to be approved, the following development criteria shall be met:
A. The applicant shall submit documentation of the legal right to install and use the proposed site or facility at the time of application submittal.
B. All standards of the underlying zoning district or specific plan including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.
C. Buildings shall be subject to the setback requirements of the zone or ten feet, whichever results in the greater setback.
D. A minimum of ten feet of the front, side, and rear yards shall be landscaped pursuant to Section 17.71.130.
E. All equipment proposed for a communication facility shall be authorized per the FCC.
F. A balloon or crane test at the proposed site to illustrate the height of the proposed facility, the date, time and location of such test shall be advertised in a newspaper of general circulation in the city at least fourteen days prior to the test.
G. The applicant shall provide written indemnification to the city of Dinuba to indemnify the city from liability associated with any damage to the property or adjacent properties caused by the communication and wireless facilities. (Ord. 2014-04 § 2 (part), 2014: Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.050 Design standards.
A. Equipment shelters for communication facilities shall be designed with one of the following standards:
1. Equipment shelters shall be located in underground vaults; or
2. Equipment shelters shall be designed to be consistent with the surrounding architectural styles and materials; or
3. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building(s), and/or opaque fence.
B. Fencing shall be placed behind the landscaped areas and wood slats shall be woven into the fence if the fence is made of chain-link material. The use of barbed wire or similar material shall be located to the inside of the lot. Electrified fence or razor wire is prohibited unless required by any law enforcement agency or regulation of the state of California or any agency thereof. (Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.060 Lighting and signage.
A. Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on the site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade.
B. Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of the city’s sign regulations.
C. All ground-mounted facilities shall be surrounded by a security barrier. (Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.070 Environmental standards.
A. No hazardous waste shall be discharged on the site of any communication facility. If any hazardous materials are to be used on the site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain one hundred ten percent of the volume of the hazardous materials stored or used on the site.
B. Communication facilities shall not generate noise in excess of fifty dB at the property line. (Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.080 Collocation.
A. Licensed carriers shall share facilities and sites where feasible and appropriate, thereby reducing the number of facilities that are stand-alone. All applicants shall demonstrate a good faith effort to collocate with other carriers. Such good faith efforts include:
1. A survey of all existing structures that may be feasible sites for collocation;
2. Contact with other carriers;
3. Sharing information necessary to determine if collocation is feasible.
B. In the event collocation is not feasible a written statement of the reasons for the unfeasibility shall be submitted to the city. The city may retain a radio frequency engineer to verify if collocation at the site is not feasible. The cost for such an engineer will be at the expense of the applicant. The city may deny a permit to an applicant that has not demonstrated a good faith effort to provide for collocation. (Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.090 Modifications.
A. A modification of a facility may be considered equivalent to an application for a new facility and will require a new conditional use permit or administrative use permit when the following apply:
1. The applicant wants to alter the terms of the conditional use permit by changing the facility in one or more of the following ways:
a. Increase the approved maximum height.
b. Increase the approved maximum extension of equipment out from the center of the tower on towers without stealthing.
c. Increase in the footprint of the facility on the ground.
d. Removal of stealthing.
B. A modification of the facility does not require a new or modified conditional use permit when the following apply:
1. Collocation, addition or replacement of equipment that does not result in an increase in height beyond the approved maximum height, an increase in the approved maximum extension of equipment out from the center of the tower on towers, increase in the footprint of the facility on the ground, or removal of stealthing. (Ord. 2014-04 § 2 (part), 2014: Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)
17.73.100 Abandonment or discontinuation of use.
A. At such time a licensed carrier plans to abandon or discontinue operation of a facility, such carrier will notify the city or the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the facility shall be considered abandoned upon such discontinuation of operation.
B. Upon abandonment or discontinuation of use, the carrier shall physically remove the facility within ninety days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
1. Removal of antennas, mount, equipment shelters and security barrier from subject property;
2. Proper disposal of the waste materials from the site in accordance with the city standards;
3. Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain.
C. If a carrier fails to remove a facility in accordance with this chapter, the city shall have the authority to enter the subject property and physically remove the facility. The city may require the applicant to post a bond at the time of construction to cover for the removal of the facility in the event the city must remove the facility. (Ord. 2008-05 § 1 (part), 2008: Ord. 99-3 § 1 (part), 1999)