HomeMy WebLinkAbout3569ORDINANCE NO. 3569
AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE
1
2
3
4
5
6
7
8
9
Z4
].1
12
13
Z4
1~
~6
i7
18
19
20
21
22
23
24
2~
28
The Board of Supervisors of the County of Butte, State of California,
under and pursuant to Section 24.25.40 of the Butte County Code of said County,
ORDAINS, as follows:
SECTION 1. Section 24-262 of the Butte County Code is hereby added in
its entirety to read as follows:
X24-262 WIRELESS COMMUNICATION FACILITIES
SECTION 24-262 WIRELESS COMMUNICATION FACILITIES
A. Purpose and Intent: The purpose of this section is to establish policies,
procedures, and standards applicable to the siting and installation of Wireless
Communication Facilities as defined in Subsection B below, in all zone districts.
The goals of this section are to: (i) encourage the location of new monopoles,
towers andlor antennas in non-residential areas and minimize the total number of
antennas throughout the County; (ii) encourage colocation of facilities at
appropriate new and existing new monopoles, towers and/or antenna sites; (iii}
encourage wireless communication providers to locate new monopoles, towers
and/or antennas in areas where the adverse impact on residential neighborhoods,
agriculture, and air navigation is minimal; (iv) require wireless communication
providers to design and configure Wireless Communication Facilities in a way
that minimizes adverse visual impacts; {v} protect the public's interest in the safe
operation of emergency services which include, but are not limited to, air
ambulance, medical and emergency evacuation, fire-fighting, law enforcement,
search and rescue, vector control, and resource management; (vi} and allow
reasonable opportunities for providers of wireless communication services to
provide such services to the community in a safe, effective, and efficient manner.
B. Annlicability: The provisions of this Ordinance shall apply to all
communications facilities for the transmission and/or reception of wireless radio,
television, and other telecommunication signals, including, but not limited to,
commercial wireless communications services (personal communication, cellular
and paging} including, without limitation, antennae, masts, poles, towers,
structures, buildings, additions to existing antennae, masts, poles, towers,
structures, or buildings {The Facilities}. Such Facilities shall be subject to all the
provisions as set forth below, unless otherwise specified in this section,
notwithstanding other existing zoning provisions and regulations of the County of
Butte.
1
i
2
3
4
5
6
7
8
s
10
IZ
12
13
I4
15
16
17
18
19
20
2Z
22
23
24
25
2s
C. Exemptions: The following Facilities are exempt from the requirements of this
section:
1. Small Business/ResidentiaUFarm Facilities: Two-way radio
communications systems operated only as an internal business
communications system by owners/operators and not made available to
third parties, subject to the maximum height requirements for the zone as
set forth in Subsection 24-262 (F)(4), and in no event greater than fifty
(50) feet in height and privately operated noncommercial Facilities
attendant to a residential, non-commercial use or uses, including, but not
limited to, amateur radio facilities of less than sixty-five (65) feet in height
and noncommercial television receive antennas, subject to the maximum
height requirements for the zone, as set forth in Subsection 2~-262 {F}(~),
and in no event greater than fifty (50) feet in height and satellite dzsh
(television receive only) antennas no greater than two (2) meters in
diameter which are used for non-commercial purposes by the residential
user, providing all such Facilities are exempt from demonstrating radio-
frequency emission compliance from Federal Communications
Commission (FCC) regulation pursuant to FCC Office of Engineering
Technology ("OET"} Bulletin No. 65 entitled "Evaluating Compliance
With FCC Guidelines for Human Exposure to Radio frequency
Electromagnetic Fields" (August 1997 or later revision[s] or successor[s]
thereto) {hereinafter, "FCC OET 65"). This exemption does not apply to
any Facility not categorically exempt from FCC regulation pursuant to
FCC OET 65, nor does it apply to Facilities operated, leased to, or used by
common carriers, or wireless communcations providers, or personal
communications systems {PCS) providers, or cellular communications
providers or specialized mobile radio (SMR} communications providers,
nor does this exemption apply to television and/or radio broadcast
Facilities.
2. Government: Government owned communications facilities to be used
primarily to protect public, health, safety and welfare, all as determined by
the Planning Division of the Department of Development Services.
3. Facilities Exempted Under Federal or State Law: ,Any Facility specifically
exempted under Federal or State Law.
4. Emergency Facilities: Temporary Facilities erected and operated for
emergency situations which are approved in writing in advance of
2
~I
2
3
4
5
6
7
8
9
~~
ZZ
~2
13
i4
i~
16
~~
Z~
~9
24
2Z
22
23
24
2S
26
installation by the Director of Development Services. Uses of such
Facilities must not exceed two weeks, unless an extension is granted in
writing by the Director of Development Services.
S. Repair or replacement of a lawfully established existing Facility, so long
as the repair or replacement does not involve modifications to the Facility
which add height, changes the appearance, in a visually or physically
obtnlsive manner, or increases its effective radiated power.
D. Permit Requirements: All Facilities are subject to the following land use
permitting requirements in specif ed zone districts, in addition to all applicable
requirements of this chapter.
PERMIT REQUIREMENTS
ZONE DISTRICT BUILDING FAirADE ROOF MOUNTED COLOCATION NEW TOWER OR
POLE UTILITY POLE
MOUNTED
Includes Antenna Farms
A-5 TO A-10 MUP MUP MUP UP MUP
A-15 TO A-160 MUP MUP MUP MUP MUP
AR TO AR 10 UP UP UP UP MUP
A-SR* P P P P P
MR UP UP UP UP UP
FR-1 TO FR-10 UP UP UP UP UP
FR-20 TO FR-160 MUP MUP MUP MUP MUP
Rl TO R4* P P P P MUP**
R-N* P P P P MUP**
RT-I * P P P P MUP**
SR TO SRS* P P P P MUP**
R-P* P P P P MUP**
S-H* P P P P MUP*
MHP* P P P P MUP**
U UP UP E FP Up UP
A-Z* P P P P P
C-] MUP MUP MUP MUP AP
C-2 MUF MUP MUP MUP AP
C-C MUP MUP MUP MUP AP
H-C MUP MUP MUP MUP AP
N-C MUP MUP MUP MUP AP
L-I MUP MUP MUP MUP AP
M-1 MUP MUP MUP MUP AP
M-2 MUP MUP MUP MUP AP
C-F MUP MUP MUP MUP AP
TM-1 TO TM-160 MUP MUP MUP MUP AP
3
1
2
3
4
5
6
7
8
9
la
11
12
13
14
1S
16
17
18
19
20
21
22
23
24
25
26
ZpNE DISTRICT BUILDING FAsrADE ROQF MOUNTED CpLOCATION NEW TOWER Olt
PALE UTILITY POLE
MOUNTED
fnaludes Antenna Farms
TPZ-160 MUP MUP MUP MUP AP
P-Q MUP MUP MUP MUP AP
R-C MUP MUP MUP MUP AP
P-Prohibited MUP-Minor Use Permit
AP-Administrative Permit UP-Use Permit
* Facilities are prohibited from locating in these zones or within one thousand (1.,000)
feet of these zones, or within one thousand {1,000) feet of the property line of any parcel
within any residential zone in any incorporated city in the County of Butte or in any
incorporated or unincorporated area of another county. The installation of and the
permitting of Facilities in these areas is prohibited except when: 1) no feasible alternative
site exists; and 2) a denial would constitute a prohibition on the provision of the affected
wireless communications service in violation of Federal or State Law. The burden of
proof' shall be on the applicant to establish both conditions. A Use Permit is required in
these zones or within one thousand {1,000) feet of these zones should both exceptions
herein be met by the applicant.
** Utility Pole Mounted Facilities may be located within R1 to R4, R-N, RT-1, SR to
SR-5, R-P, S-H and MHP zones with an approved Minor Use Permit.
*** Notwithstanding any other provision of the Butte County Code, whenever an
applicant proposes a Facility in any prohibited area or of any prohibited height or
configuration, such that this ordinance imposes the burden of proof on such applicant to
show that: 1) no feasible alternative site exists; and 2} a denial would constitute a
prohibition on the provision of the affected wireless communications service in violation
of Federal or State Law; a hearing shall be held on the above two issues by the Board of
Supervisors. At such hearing, the applicant shall have the burden of producing evidence
and the burden of proving the above two conditions through competent evidence
introduced into the record. The Board may allow others the same opportunity to present
evidence at the hearing. The formal rules of evidence shall not apply at such hearings. A
presumption shall exist as to the lack of the two conditions. The decision of the Board of
Supervisors shall be sustained if it is supported by competent evidence contained in the
record. At the conclusion of the hearing, the Board of Supervisors shall determine, based
upon the evidence in the record, whether the applicant has met the burden of proof, make
findings based on the evidence presented, and refer the applicant's proposal back fo the
Planning Commission for further proceedings on the applicant's proposal consistent with
the Board's findings.
4
2
3
4
5
6'
7
8
9
ZO
11
12
1~
14
15
16
17
18
19
20
21
22
23
24
25
26
E. Aonlication Requirements: At a minimum each application for a Facility permit
shall include the following:
1. All application materials generally contained in the submittal requirements
for the type of permit required. Incomplete applications shall not be
accepted.
2. Statement of Justification:
a. Includes a description of the proposed Facility, including the type
of facility being requested.
b. Height from natural grade to the top of proposed Facility.
c. Support equipment proposed.
d. RFRIEMF and wattage output data including the number of
channels.
e. Horizontal and vertical location coordinates.
3. Proposed elevations of the structure and any accessory buildings,
including building height and other physical dimensions, drawn to graphic
scale.
4. Visual impact assessment, photo montages, mock-ups as determined by
the Director of Development Services or Planning Commission. The
assessment shall identify any proposed trinuning of vegetation that will be
required for the normal operation of the Facility. Stealth technology is
encouraged.
S. A discussion of and supporting information regarding the alternative site
selection of at least a minimum of three to four other sites, if available,
including colocation opportunities, and a statement as to why these
alternative sites andlar colocation opportunities were rejected.
6. A complete service area map showing the entire wireless communications
network of the provider's twenty (20) miles in all directions from the
proposed site for the time period from the filing of the application to
twelve (12} months from the filing of the application, for the purpose of
visually aiding cumulative environmental analysis, with and without the
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2a
21
22
23
24
25
26
proposed Facility or Facilities, showing all hand-off sites within the above
specified area.
7. A graphic depiction of the search ring and all other technical criteria used
in determining the proposed Facility location.
8. Documentation which identifies failure characteristics of the Facility
structure ar tower and demonstrates that the site and setbacks are of
adequate size to contain falling debris.
9. Written evidence demonstrating that the selected Facility structure ar
tower design is as visually unobtrusive as possible, given technical and
engineering considerations, which indicate what type of Facility is
required to provide reasonably effective service and also the best
technology and/or construction available to maximally achieve visual
unobtrusiveness. The use oFbest available technology andlor construction
to maximally achieve visual unobtrusiveness is mandatory.
10. Applicants which operate common carrier facilities (specifically, but not
limited to cellular, PCS, SMR and paging service licensees of the FCC)
shall provide written evidence that the applicant has provided notice to all
FCC licensed wireless communication service carriers operating within
the County of Butte of the plans to develop the site.
11. Evidence of a valid, current operating license or construction permit from
the FCC or, if the applicant is not a wireless communications service
provider, a user operating agreement for each and every such provider to
which the applicant intends to rent space on the proposed Facility.
12. A report, signed by a qualified radio frequency engineer licensed by the
FCC, prepared pursuant to FCC OET 65, stating whether the maximum
radio frequency radiation/electromagnetic radiation (RFIEMF) to be
emitted by the proposed Facility, taking into account all other Facilities,
both existing and known future Facilities, at the proposed site and adjacent
properties, conforms to safety standards adopted by the FCC, if applicable.
The reports prepared for Facilities shall conform to the reporting
requirements set by the County and FCC OET 65 human exposure
standards. The report shall also analyze the evidence provided in support
of the proposed Facility location, height and radiated power, frequency,
the number of channels, and all other related data and present alternatives
for the location, height and radiated power, pursuant to the requirements
of this section. If the proposed Facility exceeds FCC OET 65 human
6
1
2
3
4
5
s
7
8
9
10
11
12
13
14
1S
is
17
18
is
2a
21
22
23
24
25
26
exposure standards, applicant shall also provide additional comprehensive
technical and planning information regarding haw the applicant shall
protect all persons from such excessive exposure consistent with all
Federal and State requirements, and any additional County requirements.
13. Landscaping and painting plans for the completed project.
14. Projects in Agricultural Zones (A-5 through A-160} shall, prior to
submitting an application for a proposed Facility, submit a site plan of the
proposed Facility to the Butte County Agricultural Commissioner for
comment and send a notification letter to all aerial agricultural applicators
registered in the County informing them of the proposed site location and
tower height. No hearing on an application for a proposed facility in any
agricultural zone will be scheduled, nor shall any Administrative Permit
for any such facility be Issued without proof that the Butte County
Agricultural Commissioner and all aerial agricultural applicators
registered in the County have been notified, as specified herein.
15. All applications for Facilities that are proposed to be located within the
boundaries of any Comprehensive Airport Land Use Plan or Airport Area
of Influence, as adopted or designated from time to time by the Butte
County Airport Land Use Commission, shall be submitted to the
Department of Development Services, Planning Division, and a copy
submitted to the Butte County Airport Land Use Commission for review
regarding consistency with adopted Comprehensive Airport Land Use
Plans and for recommendations addressing potential impacts to air
navigation within the Airport Area of Influence.
16. The County may in its sole discretion retain an independent consultant to
review either individual elements of or the entire application and advise
the County at the applicant's sole expense.
F. Develot~ment Criteria for Wireless Communication Facilities
Building Facade Mounted Facilities are subject to the following criteria:
a. All portions of Facilities projecting above the roof parapet or roof
line shall be screened ar hidden from view.
7
1
2
3
4
5
6
7
8
9
10
1~
12
1~
Z4
15
16
17
18
19
20
2I
22
23
24
25
26
b. The total of all Facility panels shall not exceed the greater of l0%
of the square Footage of the facade of the building or twenty-five
{25} square feet per facade.
c. All equipment shelters, cabinets, or other structures utilized or
built in connection with the Facility shall be located within the
building being utilized for the Facility, or on the ground outside of
any setback area or required vehicle parking space, or on the roof,
if screened.
d. The lowest portion of all Facilities shall be located a minimum of
twenty (20) Feet above grade level.
e. No portion of the Facility shall project out in any direction more
than eighteen (18} inches from the facade of the building.
£ Facilities shall be constructed or mounted and painted to blend
with the predominant architecture of the building andlor shall
appear to be part of the building to which the Facility is attached.
2. Roof Mounted Facilities are subject to the following criteria:
a. All equipment shelters, cabinets, or structures utilized or built in
connection with the Facilities shall be located within the building
being utilized for the antenna, or on the ground outside of any
setback area or required vehicle parking space, or on the roof, if
visually screened.
b. Facilities affixed to towers located on the roof of buildings shall be
located as close to the center of the roof as feasibly and
aesthetically possible, and the height of the tower shall not exceed
twenty {20} feet above the roof top.
3. Colocations on existing approved Facilities: Additional Facilities attached
below the topmost existing Facility array, either on the same pole or
tower, or a replacement pole or tower at the same height, may be
permitted subject to a Minor Use Permit or a Use Permit and shall be
subject to the following criteria:
a. All equipment shelters, cabinets, or structures utilized or built in
connection with the Facilities shall be located within the building
8
1
2
3
4
5
6
7
S
9
10
~L
12
~3
14
15
16
17
Z8
].9
20
2].
22
23
24
23
26
being utilized for the Facility, or on the ground outside of any
setback area or required vehicle parking space, or on the roof, if
visually screened.
b. Additional Facilities shall not extend out horizontally from the
pole more than the widest existing projection. The use of
proximity designs is encouraged.
c. The antennas and pole shall be painted to match the color of the
existing antennas and pole or tower, or shall be painted and
constzucted to blend with the prevalent architecture or natural
features existing on the subject site, as determined by the Director
of Development Services.
4. New Monopoles or Towers are subject to the following criteria:
a. In addition to the notice requirements of Section 24-25.25, new
monopoles or towers proposed in or within one thousand {1,000)
feet of Agricultural Zones (A-5 through A-10), Residential Zones
(AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1
through R-4, R-N, RT-1 through RT-lA, SR through SR-5, R-P) or
Special Zones (MHP, S-H, U, A-Z) require written notice, in a
manner approved by the Director of Development Services, to be
given to owners of parcels located within a minimum radius of one
thousand (1,000) feet of the parcel on which the proposed
monopole or tower will be located.
b. Monopoles or towers in Agricultural Zones (A-5 through A-10),
Residential Zones (AR through AR-10, A-SR, FR-1 through FR-
10, MTR, R-1 through R-4, R-N, RT-1 through RT-1A, SR through
SR-5, R-P) or in Special Zones (NIFTP, S-H, U, A-Z) shall not
exceed thirty (30} feet in height. The installation of and the
permitting of Facilities over thirty {30) feet in height is prohibited
except when: 1} no feasible alternative site exists; and, 2) a denial
would constitute a prohibition on the provision of the affected
wireless communications service in violation of Federal or State
law. The burden of proof shall be an the applicant to establish
both conditions.
5. Facilities mounted on an existing utility ale or within an antenna farm are
subject to the Administrative Permit or Minor Use Permit process, subject
9
1
2
3
4
5
6
7
8
9
~0
].1 G
~.2
13
L4
1.5
16
~7
1.8
19
20
21
22
23
24
25
28
to the following criteria: An antenna farm is a lawfully established, prior
to the effective date of this ordinance, Wireless Communication Facility
which contains three (3} or more existing towers or monopoles on a single
parcel or {defined as a grouping of three (3) or more lawfully established
antenna towers or structures within a diameter of three hundred {300) feet
from the center-most antenna tower or structure).
a. The Facility does not encroach into, under, over, or upon any
public street in the unincorporated area of the County in the
absence of a valid encroachment permit from the County.
b. The Facility must meet or fall within current standards and
regulations of the FAA, the FCC, the County and any other agency
of the Federal or State government with the authority to regulate
such Facilities.
c. The Facility must meet all application requirements and applicable
standards of this code.
General Standards:
1. The minimum lot area for a Facility shall be based on required setbacks.
2. All Facilities shall meet the following minimum setbacks.
a. Tn Agricultural Zones (A-15 through A-160} all new Facilities
shall be located on a lot so that the distance from the base of the
Facility to the parcel or lot boundary is equal to or greater than the
height of the Facility, except; 1) if located adjacent to an existing
structure such as a barn, rice dryer, or other existing facility such
that the Facility will blend with the surrounding area, or; 2) if
adjacent property owners} consents in writing to a lessor distance,
then the rninirr~um setback distance required by the zone applies.
b. Tn all Zones (except for Agricultural Zones A-15 through A-160)
all new Facilities shall be located on a lot so that the distance from
the base of the Facility to the parcel or lot boundary is equal to or
'greater than the height of the Facility.
3. All Facilities shall be designed for the minimum functional height
requixed. The height of a Facility shall be measured from the natural,
undisturbed ground surface below the center of the base of said monopole
l0
1
2
3
4
5
6
7
8~'
9
10
11
I2
13
14
15
16
17
18
19
2a
21
22
23
24
2S
26
or tower to the top of the monopole or tower itself or, if higher, the tip of
the highest antenna or piece of equipment attached thereto. The use of
best available technology and/or construction to achieve maximal visual
unobtrusiveness is mandatory.
4. The installation of any Facility shall comply with all applicable building
and electrical codes. All Facility operators shall submit certification from
a registered structural engineer to the Building Division, that all associated
monopoles and towers in excess of thirty (30) feet in height will withstand
sustained winds as required by the Uniform Building Code.
5. No advertising or display is permitted on any Facility.
6. The placement of any antenna shall not adversely affect any on-site
sewage disposal system or its repair area without written approval from
the Division of Environmental Health.
7. The installation of a Facility shall not violate any existing deed
restrictions.
8. All Facilities shall have a twelve (12) foot wide all-weather access to a
publicly maintained road capable of supporting a forty thousand {40,000)
pound fire apparatus with fifteen (15) feet of vertical clearance.
9. There shall be no outdoor vehicle or equipment storage except for
emergency purposes.
10. All Facilities must fall within current standards and regulations of the
FAA, the FCC, and any other State and/or Federal agency with the
authority to regulate such Facilities. If such standards and regulations are
changed, the property owner or responsible party shall bring such
Facilities into compliance with such revised standards and regulations
within ninety (90) days of the effective date of such standards and
regulations, unless a more stringent compliance schedule is mandated by
the controlling agency.
11. No Facility or combination of Facilities shall generate, at any time,
electromagnetic frequency radiation (EMF) or radio frequency radiation
(RF) in excess of the FCC adopted standards far human exposure, as
amended over time.
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1'7
18
19
20
21
22
23
24
25
26
12. If it is found that Facilities are or will be detrimental to the health, safety,
or welfare of persons worl~ing or residing near such facilities, then the
service provider(s) and property owner shall be jointly and solely
responsible for the removal, adjustment, or replacement of the Facilities.
In no case shall a Facility remain in operation if it is found to create a
hazard to health, safety, and welfare. A Facility shall not be found to
create a hazard to health, safety, or welfare as a result of EMF or RF
emissions from the Facility so long as it meets all current standards
established by the FCC, pursuant to FCC SET 65. Prior to issuance of the
building permit for the installation of every Facility, the applicant shall
post a performance security in an amount and form determined by the
Director of Development Services that is sufficient to cover the cost of a
one-time test by a radio frequency consultant selected by the County,
sufficient to determine whether the Facility's RFIEMF emissions comply
with FCC standards. If the Facility's emissions are determined to exceed
FCC standards, the applicant is required to pay for such other tests and
other corrective measures as are necessary to establish compliance with
FCC DET 65 and its successors and such noncompliance shall constitute
sufficient grounds to commence a permit revocation hearing which may
lead to permit revocation. The applicant shall cooperate in all respects
with the County's consultant to assist the consultant to reach hislher
conclusion.
13. All Facilities that are not in continual use far a period of six {6) months
shall be considered abandoned. Abandoned Facilities are hereby
designated as unlawful and as public nuisances, requiring no amortization
period. Prior to issuance of the building permit for the installation of
every Facility, the applicant shall post a performance security in an
amount and form determined by the Director of Development Services
that is sufficient to cover the cost of removal of the Facility in the event
that such Facility is abandoned, or if the permit has been terminated for
violation of its conditions by the County after hearing, or has expired, and
after notice has been given to the owner/operator by the County, no
application for renewal has been filed. If the Director of Development
Services determines that the Facility is abandoned, the applicant may be
required to remove all equipment belonging to the applicant from the
premises within thirty (30) calendar days of receipt of notice to abate. If
such Facility is not removed within thirty (30) days, the County may
remove the Facility at the applicant's and/or land owner's joint and several
expense.
12
1
2
3
4
5
6
7
8
9
1a
ZI
12
].3
i4
la
~6
17
18
19
20
2~
22
23
24
25
26
14. Except for colocation, no mare than one Facility may be placed within one
thousand (1,000} feet of any other existing Facility(s), unless visual
impacts are negligible, or the applicant can demonstrate that the site is a
technical necessity to meet the demands of the geographic service area and
the applicant's network.
15. All Facilities are prohibited in areas of historical or aesthetic (parks, nature
preserves, officially designated open space that protects the scenic values
of the area) importance to the County, as determined by the appropriate
hearing body. The installation of and the permitting of Facilities in areas
of historical importance to the County is prohibited except when: 1) no
feasible alternative site exists; and, 2} a denial would constitute a
prohibition on the provision of the affected wireless communications
service in violation of Federal or State law. The burden of proof shall be
on the applicant to establish both conditions, pursuant to the Board of
Supervisors hearing procure described herein. All applications for
Facilities shall be submitted for comment to the Butte County Historical
Society by the Planning Division.
lfi. All ground level support Facilities shall be painted and/or screened from
view with adequate landscaping appropriate to the surrounding
environment. All aesthetic treatments, including landscaping shall be
maintained as approved for the life of the Facility.
17. If either the Director of Development Services determines, in the case of
an Administrative Permit or a Minor Use Permit, or the Planning
Commission or Board of Supervisors determines, in the case of a Use
Permit, that a proposed Facility is located in an area where the purpose
and intent of this ordinance, as articulated herein, would best be served by
limiting the duration of a permit, permits may be limited to a duration of
five (5) years or conditioned upon the successful completion of a review
conducted after five (5} years, to determined whether the applicant is using
the best available technology to maximally insure visual unobtrusiveness.
In such cases, the renewal of a permit or its continuation may be
conditioned upon the applicantlpermittee making certain modifications to
the Facility, such that best available technology is employed to achieve
visual unobtrusiveness.
18. Facilities may not encroach into, under, over, above, or upon any public
street in the unincorporated area of the County in the absence of a valid
encroachment permit from the County.
13
1
2
3
4
5
6
7
8
9
~0
1~
].2
13
~4
15
16
i~
18
19
20
2i
22
23
24
25
26
19. The owner/operator of each Facility shall annually submit a written
verification, attested to under penalty of perjury, signed by both the
ownerloperator and an FCC licensee in the employ of or retained by
ownerloperator, that the radio frequency radiationlelectromagnetic
frequency (RFIEMF) emitted by a facility conforms to safety standards set
forth in FCC OET 65. The reports prepared for Facilities shall conform to
reporting requirements set by the FCC and the County.
20. Traffic resulting from the installation, operation, and maintenance of
Wireless Communications Facilities, must be kept to a minimum.
21. Applicants may be required to submit a development schedule if the
Director of Development Services determines that nearby property owners
may be inconvenienced during construction.
22. Facilities shall be secured at all times to prevent access by the public.
23. Neither the applicant, nor any agent nor representative of the applicant
shall intentionally omit or misrepresent any material fact in connection
with the application. Any alleged material misrepresentation shall
constitute grounds for the Director of Development Services to commence
a revocation hearing, and, if proven to exist, shall constitute sufficient
grounds to revoke a permit.
H. A 'cultural Zones-Standards
1. In the Agricultural Zones (A-5 through A-160) either the Director of
Development Services or the Planning Commission may require that
Facilities be painted from a height often (10} feet above the ground, to the
top of the Facility with alternating aviation orange and white stripes and
have a flashing or steady burning light installed on the top that is shielded
from the ground to prevent visual impacts, unless the applicant can
demonstrate that such measures are not required to ensure compatibility
with established air navigation practices in the immediate area. All
obstruction lighting shall be visually inspected on a regular basis to ensure
proper operation. Any lighting failure or malfunction that affects a top
light or flashing light regardless of its position on the tower shall be
reported immediately to the Department of Development Services and
remedied in a timely manner.
14
1
2
3
4
s
7
S
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
23
28
2. In Agricultural Zones (A-S through A-160) Facilities are encouraged to be
Located to ensure compatibility with established andlor anticipated future
air navigation practices in the immediate area, as well as to minimize the
disruption of agricultural land, provided all other applicable site
development standards are met.
3. In Agricultural Zones (A-5 through A-10) all lighting on a Facility,
including identification or warning lights required by the FAA or other
public agency, shall be orientedlshielded so as to not to directly illuminate
any area on the ground within a radius of five hundred {500) feet of the
tower or monopole horizontally beyond the Facility site, providing that
such orientationlshielding complies with FAA requirements or other
Federal or State agency requirements.
4. In Agricultural Zones (A-5 through A-i0) all Facilities must be
aesthetically and architecturally compatible with the surrounding
environment. Residentially compatible materials and veneers such as
wood, brick, or stucco shall be used for associated support buildings,
which shall be designed to architecturally match the exterior of residential
structures in the area.
Z. Residential Zones-Standards
1. In Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-
R, R-1 through R-4, R-N, RT-1 through RT-lA, SR through SR-5, R-P) or
in Special Zones (MHP, S-H, U, A-Z} all lighting on a Facility, including
identification or warning lights required by the FAA or other public
agency, shall be oriented so as to not to directly illuminate any area on the
ground within a radius of five hundred (500) feet of the tower or
monopole horizontally beyond the Facility site, providing that such
orientationlshielding complies with FAA or other Federal or State agency
requirements.
2. In Residential Zones {AR through AR-I0, A-SR, FR-1 through FR-10, M-
R, R-1 through R-4, R-N, RT-1 through RT-IA, SR through SR-5, R-P) or
in Special Zones (iV>TIP, S-H, U, A-Z) all Facilities must be aesthetically
and architecturally compatible with the surrounding environment.
Residentially compatible materials and veneers such as wood, brick, or
stucco shall be used for associated support buildings, which shall be
designed to architecturally match the exterior of residential structures in
the area.
15
1
2
3
4
5
6
7
8
i
9'
10
1Z
].2
is
Z4
15
~.6
i7
~8
19
20
2I
22
23
24
25
26
3. In Residential Zones {AR through AR-10, A-SR, FR-1 through FR-10, M-
R, R-1 through R-4, R-N, RT-1 through RT-lA, SR through SR-5, R-P) or
in Special Zones (MHP, S-H, U, A-Z} only one monopole or tower is
permitted per parcel. Multiple Facilities may be placed on the single
monopole or tower to facilitate colocation in zones where permitted.
J. Commercial and industrial Zones Standards:
1. in Commercial Zones {C~1, C-2, C-C, H-C, N-C), or in industrial Zones
(L-I, M-1, M-2) all Facilities located within an existing office or business
park shall be constructed to be architecturally compatible with existing
nearby structures or architectural styles including color schemes, textures
and ornamentation.
SECTION 2. Section 24-91 is added to the Butte County Code to read as follows:
§24-91 WIRELESS COMMUNICATION FACILITIES IN A-5 THROUGH
A-160 (AGRICULTUR.AL) ZONES
Notwithstanding anything to the contrary in Section 24-90, Wireless Communication
Facilities are not allowed in the A-5 through A-160 (Agricultural) zones unless a permit
is obtained, subject to the requirements of Section 24-262.
SECTION 3. Section 24-96 is added to the Butte County Code to read as follows:
§24-96 WIRELESS COMMUNICATION FACILITIES IN AR THROUGH
AR-10 (AGRICULTURAL RESIDENTIAL) ZONES
Notwithstanding anything to the contrary in Section 24-95, Wireless Communication
Facilities are not allowed in the AR through AR-10 {Agricultural Residential) zones
unless a permit is obtained, subject to the requirements of Section 24-262.
SECTION 4. Section 24-106 is added to the Butte County Cade to read as
.follows:
§24-106 `WIRELESS COMMUNICATION FACILITIES IN THE A-SR
(AGRICULTURAL SUBURBAN RESIDENTIAL} ZONE
16
1
2
3
4
5
6
7
8
9
10
].1
12
13
14
15
16 I
17 ',
~s
19 I
24
I
21 ~~
22
23
24
28
26
Notwithstanding anything to the contrary in Section 24-105, Wireless Communication
Facilities are nat allowed in the A-SR (Agricultural Suburban Residential} zone unless a
permit is obtained, subject to the requirements of Section 24-262.
SECTION 5. Section 24-111 is added to the Butte County to read as follows:
§24-111 WIRELESS COMMUNICATION FACILITIES IN FR 1
THROUGH FR-160 (FOOTHILL RECREATIONAL) ZONES
Notwithstanding anything to the contrary in Section 24-110, Wireless Communication
Facilities are not allowed in the FR-1 through FR-160 {Foothill Recreational} zones
unless a permit is obtained, subject to the requirements of Section 24-262.
SECTION 6. Section 24-116 is added to the Butte County Cade to read as
follows:
§24-115 WIRELESS COMMUNICATION FACILITIES IN THE M-R
{MOUNTAIN OR RECREATIONAL SUBDIVISION -RESIDENTIAL) ZONE
Notwithstanding anything to the contrary in Section 24-115, Wireless Communication
Facilities are not allowed in the M-R (Mountain or Recreational Subdivision -
Recreational) zone unless a permit is obtained, subject to the requiurements of Section 24-
262.
SECTION 7. Section 24-121 is added to the Butte County Code to read as
follows:
§24-121 WIRELESS COMMUNICATION FACILITIES IN R 1
THROUGH R-4 (RESIDENTIAL} ZONES
Notwithstanding anything to the contrary in Section 24-120, Wireless Communication
Facilities are not allowed in the R-1 through R-4 (Residential} zones unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 8. Section 24-126 is added to the Butte County Code to read as
follows:
§24-126 WIRELESS COMMUNICATION FACILITIES IN THE R-N
(RESIDENTIAL-NONCONFORMING) ZONE
17
1
2
3
4'
5
6
7
8
9
14
I.1
12
13
14
15
16
17
18
19
20
2Z
22
23
24
25
26
Notwithstanding anything to the contrary in Section 24-125, Wireless Communication
Facilities are not allowed in the R-N (Residential-Nonconforming) zone unless a permit
is obtained, subject to the requirements of Section 24-262.
SECTION 9. Section 24-131 is added to the Butte County Cade to read as
follows:
§24-131 WIRELESS COMMUNICATION FACILITIES IN RT-1
THROUGH RT-lA (RESIDENTLAL-MOBILE HOME} ZONES
Notwithstanding anything to the contrary in Section 24-130, Wireless Communication
Facilities are not allowed in the RT-1 through RT-lA (Residential-Mobile Home) zones
unless a permit is obtained, subject to the requirements of Section 24-262.
SECTION 10. Section 24-136 is added to the Butte County Code to read as
follows:
§24-136 WIRELESS COMMUNICATION FACILITIES IN SR THROUGH
SR 5 (SUBURBAN RESIDENTIAL) ZONES
Notwithstanding anything to the contrary in Section 24-135, Wireless Communication
Facilities are not allowed in the SR through SR-5 (Suburban Residential) zones unless a
permit is obtained, subject to the requirements of Section 24-262.
SECTION 11. Section 24-141 is added to the Butte County Code to read as
follows:
§24-141 WIRELESS COMMUNICATION FACILITIES IN THE C-1
(LIGHT COMMERCIAL) ZONE
Notwithstanding anything to the contrary in Section 24-140, Wireless Communication
Facilities are not allowed in the C-1 (Light Commercial) zone unless a permit is obtained,
subject to the requirements of Section 24-262.
SECTION 12. Section 24-146 is added of the Butte County Code to read as
follows:
§24-146 WIRELESS COMMUNICATION FACILITIES IN THE C-2
(GENERAL COMMERCIAL) ZONE
18
1
2
3
4
5
gl
7
8
9
10
1.1
Z2
13
].4
i5
16
17
18
].9
2a
2i
22
23
24
2~
26
Notwithstanding anything to the contrary in Section 24-145, Wireless Communication
Facilities are not allowed in the C-2 (General Commercial) zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 13. Section 24-151 is added to the Butte County Code to read as
follows:
§24-151 WIRELESS COMMUNICATION FACILITIES IN THE GC
{COMMUNITY COMMERCIAL) ZONE
Notwithstanding anything to the contrary in Section 24-150, Wireless Communication
Facilities are not allowed in the C-C (Community Commercial) zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 14. Section 24-156 is added to the Butte County Code to read as
follows:
§24-156 WIRELESS COMMUNICATION FACILITIES IN THE H-C
(HIGHWAY COMMERCIAL) ZONE
Notwithstanding anything to the contrary in Section 24-155, Wireless Communication
Facilities are not allowed in the H-C (Highway Commercial) zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 15. Section 24-161 is added to the Butte County Code to read as
follows:
§24-161 WIRELESS COMMUNICATION FACILITIES IN THE N-C
{NEIGHBORHOOD COMMERCIAL) ZONE
Notwithstanding anything to the contrary in Section 24-160, Wireless Communication
Facilities are not allowed in the N-C (Neighborhood Commercial) zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 16. Section 24-166 is added to the Butte County Code to read as
follows:
§24-166 WIRELESS COMMUNICATION FACILITIES IN THE R P
(RESIDENTIAL PROFESSIONAL OFFICE) ZONE
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1'7
18
19
20
21.
22
23
24
2~
2s
Notwithstanding anything to the contrary in Section 24-165, Wireless Communication
Facilities are not allowed in the R-P (Residential Professional Office) zone unless a
permit is obtained, subject to the requirements of Section 24-262.
SECTION 17. Section 24-171 is added to the Butte County Code to read as
follows:
§24-17I WIRELESS COMMUNICATION FACILITIES IN THE L-I
(LIMITED INDUSTRIAL) ZONE
Notwithstanding anything to the contrary in Section 24-170, Wireless Communication
Facilities are not allowed in the L~I (Limited Industrial) zone unless a permit is obtained,
subject to the requirements of Section 24-262.
SECTION 18. Section 24-176 is added to the Butte County Code to read as
follows:
§24-176 WIRELESS COMMUNICATION FACILITIES IN THE M-1
(LIGHT INDUSTRIAL} ZONE
Notwithstanding anything to the contrary in Section 24-175, Wireless Communication
Facilities are not allowed in the M-1 (Light Industrial) zone unless a permit is obtained,
subject to the requirements of Section 24262.
SECTION 19. Section 24-181 is added to the Butte County Code to read as
follows:
§24-181 WIRELESS COMMUNICATION FACILITIES IN THE M-2
(HEAVY INDUSTRIAL) ZONE
Notwithstanding anything to the contrary in Section 24-180, Wireless Communication
Facilities are not allowed in the M-2 (Heavy Industrial) zone unless a permit is obtained,
subject to the requirements of Section 24-262.
SECTION 20. Section 24-186 is added to the Butte County Code to read as
follows:
§24-186 WIRELESS COMMUNICATION FACILITIES IN THE C-F
(COMMERCIAL FORESTRY) ZONE
20
1
2
3
4
5'
6
7'
8
9
20
lI
12
13
I4
i5
~B
17
18
7.9
20
2Z.
22
23
24
25
26
Notwithstanding anything to the contrary in Section 24-1$S, Wireless Communication
Facilities are not allowed in the C-F (Commercial Forestry) zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 21. Section 24-19i is added to the Butte County Code to read as
follows:
§24-191 WIRELESS COMMUNICATION FACILITIES IN TM-1
THROUGH TM-I60 (TIMBER MOUNTAIN) ZONES
Notwithstanding anything to the contrary in Section 24-190, Wireless Communication
Facilities are not allowed in the TM-1 through TM-160 (Timber Mountain) zones unless
a permit is obtained, subject to the requirements of Section 24-262.
SECTION 22. Section 24-196 is added to the Butte County Code to read as
follows:
§24-196 'WIRELESS COMMUNICATION FACILITIES IN THE TPZ-160
(TIMBER PRESERVE) ZONE
Notwithstanding anything to the contrary in Section 24-195, Wireless Communication
Facilities are not allowed in the TPZ-160 {Timber Preserve) zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 23. Section 24-201 is added to the Butte County Code to read as
follows:
§24-201 WIRELESS COMMUNICATION FACILITIES IN THE A-Z
{AIRPORT) ZONE
Notwithstanding anything to the contrary in Section 24-200, Wireless Communication
Facilities are not allowed in the A-Z (Airport} zone unless a permit is obtained, subject to
the requirements of Section 24-262.
SECTION 24. Section 24-206 is added to the Butte County Code to read as
O LOWS:
§24-206 WIRELESS COMMUNICATION FACILITIES IN THE MHP
(MOBILE HOME PARK ZONE
21
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Notwithstanding anything to the contrary in Section 24-205, Wireless Communication
Facilities are not allowed in the MHP (Mobile Hame Park) zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 2S. Section 24-216 is added to the Butte County Cade to read as
follows:
§24-216 WIRELESS COMMUNICATION FACILITIES IN THE P-Q
{PUBLIC, QUASI-PUBLIC) ZONE
Notwithstanding anything to the contrary in Section 24-215, Wireless Communication
Facilities are not allowed in the P-Q (Public, Quasi-Public} zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 26. Section 24-221 is added to the Butte Caunty Code to read as
follows:
§24-221 WIRELESS COMMUNICATION FACILITIES IN THE R-C
(RESOURCE CONSERVATION) ZONE
Notwithstanding anything to the contrary in Section 24-220, Wireless Communication
Facilities are not allowed in the R-C (Resource Conservation} zone unless a permit is
obtained, subject to the requirements of Section 24-262.
SECTION 27. Section 24-226 is added to the Butte Caunty Code to read as
follows:
§24-226 WIRELESS COMMUNICATION FACILITIES IN THE S-H
(SCENIC HIGHWAY) ZONE
Notwithstanding anything to the contrary in Section 24-225, Wireless Communication
Facilities are not allowed in the S-H (Scenic Highway) zone unless a permit is obtained,
subject to the requirements of Section 24-262.
SECTION 28. Section 24-231 is added to the Butte County Code to read as
0 ows:
§24-231 WIRELESS COMMUNICATION FACILITIES IN THE U
(UNCLASSIFIED) ZONE
22
1
21
3
4
5
s
7
8
9
ZO
11
12
13
14
l~
16
1'7
18
19
20
21
................ .
22
23
24
25
26
Notwithstanding anything to the contrary in Section 24-230, Wireless Communication
Facilities are not allowed in the U (Unclassified) zone unless a permit is obtained, subject
to the requirements of Section 24-262.
SECTION 29. This Ordinance shall be and it is hereby declared to be in full force
and effect from and after thirty (30) days after the date of its passage, and before the
expiration of fifteen {15) days after its passage. This Ordinance shall be published once
with the names of the members of the Board of Supervisors voting for and against i# in
the Chico Enterprise Record, a newspaper published in the County of Butte, State of
California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
December
State of California, on the 7 t~ day of , 1999, by the following vote:
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
DOL"AN, CHAIlt
County Board of Supervisors
ATTEST: JOHNS. BLACKLOCK, Chief Adminislxative
Officer and Clerk of the Board
~,
~~~
eputy
23