2012 Wireless Telecommunications Facilities Ordinance

DIVISION 19.38 – WIRELESS TELCOMMUNICATIONS FACILITIES

Source Document

19.38.010 – Purpose of Division.

This Division provides standards for the installation of towers, antennas, and other wireless communication facilities to greatly reduce or eliminate adverse economic, safety, or aesthetic impacts on neighboring property owners and the overall community. The intent of this Division is to:

A. Encourage the location of towers in non-residential areas only and minimize the total number of towers throughout the community;

B. Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

C. Encourage users of towers and antennas to locate them in areas where the adverse impact on the community is minimal;

D. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design (use of stealth facilities), siting, landscape screening, and other innovative camouflaging techniques;

E. Enhance the ability of the providers of wireless communication services to provide services to the community quickly, effectively, and efficiently; and

F. Consider the public health and safety of communication towers.

(Ord. No. 1576, § 2 (Exh. A, amd.) , 10-23-2012

19.38.020 – Applicability.

This Division applies to all proposed antennas and other wireless communication facilities, as follows:

A. Facilities for which applications were received by the Department but not approved prior to the effective date of this Division, and facilities for which applications are filed after the effective date of this Division, shall comply with the regulations and guidelines of this Division.

B. Facilities for which applications were approved by the Department and/or building permits issued on or prior to the effective date of this Division shall be exempt from the requirements of this Division, except for requirements for validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed modifications to existing facilities.

C. This Division does not apply to amateur radio station antennas which meet the height limits of the zoning district in which they are located.

( Ord. No. 1576, § 2 (Exh. A, amd., 10-23-2012)

19.38.030 – Approval Process

A. Use Permit Required. A Use Permit issued in compliance with section 19.42.050 (Use Permits) shall be required for the following new wireless communication facilities, consistent with all other provisions of this section:

  1. New ground-mounted facilities (on towers and monopoles);
  2. New building-mounted facilities on buildings which do not have existing wireless communication devices;
  3. Any facility which, in conjunction with existing wireless communication facilities in the area, exceeds seventy-five percent (75%) of the standards for permissible human exposure to radio frequency emissions as adopted by the Federal Communications Commission (FCC);

B. Zoning Clearance Required. A Zoning Clearance in compliance with Section 19.42.020 (Zoning Clearances) shall be issued for the following new wireless communication facilities, consistent with all other provisions of this section:

  1. Co-located facilities on existing and approved ground-mounted facilities (towers and monopoles);
  2. Co-located facilities on buildings which have previously permitted and legal *wireless communication devices.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.38.040 – Application Requirements.

An application for administrative approval, a Use Permit, or “Master Use Permit” shall be filed and processed in compliance with Division 19.40 (Permit Application Filing and Processing). Applications shall include a copy of a title report or other legal instrument demonstrating legal access to the proposed site.

(Ord. No. 1576, § 2 (Exh. A, amd.) , 10-23-2012)

19.38.050 – Development Standards.

A. Height. The maximum height of wireless communication facilities shall be in compliance with the height limitations for the zoning district in which they are located. Antennas or facilities exceeding the height limits may be approved with a Use Permit in compliance with Section 19.42.050 (Use Permits).

B. Setbacks.

  1. Towers and support structures. Towers, guys, and accessory structures shall comply with the setback requirements of the applicable zoning district.
  2. Attached facilities. An attached wireless communication facility antenna array may extend up to five feet horizontally beyond the edge of the attachment structure regardless of setback requirements provided that the antenna array does not encroach over an adjoining parcel or public right-of-way.

C. Separation from Off-Site Uses/Designated Areas. Separation requirements for freestanding towers shall comply with the minimum standards established in Table 3-15. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated area.

Table 3-15: Requirements for Separation from Off-Site Uses/Designated Areas

Off-Site Use or Designated AreaMinimum Separation Distance from Base of Tower
Existing (single-family or multi-family) residential uses or vacant residentially zoned land200 feet or 3 times the height of the tower, whichever is greater
Non-residentially zoned lands or non-residential usesNone; only setbacks apply

( Ord. No. 1576, § 2 (Exh. A, amd.) ](https://library.municode.com/ca/novato/ordinances/code_of_ordinances?nodeId=643315), 10-23-2012)

19.38.060 – General Location Standards.

All wireless telecommunications facilities shall be sited to avoid or minimize land use conflicts in compliance with the following standards:

A. Preferred Locations. Location preference for wireless communications facilities should be given to publicly used structures, co-location and shared-location sites, and industrial or commercial sites. Agricultural and open space areas may be preferred sites when the site design of the proposed facility can avoid or minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process.

B. Avoid Residential, Agricultural, and Open Space Areas. Monopoles for new wireless communications facilities should avoid sites within residential, agricultural, or designated open space or conservation areas unless sufficient technical and other information is provided to demonstrate to the satisfaction of the Review Authority that the following findings can be made:

  1. The location of the proposed facility site is essential to meet the service demands of the carrier and, and no other alternative facility site or type of antenna support structure is feasible. This shall be documented by the applicant providing a list of the locations of preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure the preferred sites, and the specific reasons why those efforts and measures were unsuccessful.
  2. The use of a monopole for the proposed facility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use compatibility, visual resources, and public safety.

C. Avoid Airport Interference. Wireless communications facilities shall not be sited in locations where they will unreasonably interfere with the operation of the Marin County Airport (Gnoss Field).

D. Locate New Facilities Adjacent to Existing Structures. Wireless communications facilities shall be attached or sited adjacent to existing structures unless the applicant demonstrates to the satisfaction of the City that no other technically feasible site exists or that construction of a freestanding facility on or at a distant location from an existing structure will minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process. Appropriate types of existing structures include buildings, water tanks, telephone and utility poles, signage and sign standards, traffic signals, light standards, and roadway overpasses.

(Ord. No. 1576, § 2 (Exh. A, amd.)](https://library.municode.com/ca/novato/ordinances/code_of_ordinances?nodeId=643315) , 10-23-2012)

19.38.070 – Co-Location and Shared Locations.

Co-location and shared location of wireless communications facilities shall be required when it is feasible and minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process. Co-location and shared location sites should be not be required when it creates or significantly increases adverse effects and/or the applicant provides technical evidence that demonstrates to the satisfaction of the City that it is not feasible due to service impairment or operational failures. The following standards should be met to ensure the proper implementation of co-location and shared-location siting:

A. Analysis of Co-Location and Shared Location Opportunities. To ensure adequate and complete consideration of co-location and shared location siting of proposed wireless communications facilities, the applicant may be required to submit to the City a graphic and written analysis which identifies all technically feasible sites within the coverage area that would accommodate the proposed service. The analysis shall include enough information to provide adequate consideration of technically feasible alternative sites and/or facility designs that would avoid or minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process. The analysis shall also include the specific factors for selection of the proposed facility site over alternative sites. Facilities that are not proposed to be sited on a co-location or shared location site shall provide information substantiating the infeasibility of these sites. The City may require independent peer review of the analysis prior to making a decision on the permit application. The analysis should, to the extent practical, be incorporated with the required coverage area map.

B. Facility Leases. Leases that convey exclusive (i.e., single user) rights for new wireless communications facilities to the extent that those leases may preclude development of suitable co-location facilities are discouraged.

C. Design Facilities for Co-Location. The design of co-location sites should promote shared use among different carriers. To the extent feasible, antenna support and equipment structures should be designed to consolidate future planned facilities to eliminate or minimize the visual clutter resulting from multiple telecommunications structures. Where appropriate, as demonstrated by the applicant and determined by the City, multiple antenna support structures may be approved (shared location) rather than a single larger/higher structure.

D. Use Unutilized Space on Existing Facilities. Facilities should make available unutilized space for co-location of other antennas and equipment, including space for competing service carriers.

( Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.38.080 – Radio Frequency Radiation (RFR).

A. RFR Standards. Wireless communications facilities operating alone and in conjunction with other telecommunications facilities shall not produce RFR in excess of the standards for permissible human exposure to RFR as adopted by the Federal Communications Commission (FCC).

B. RFR report. Applications for wireless communications facilities shall include a radio frequency radiation report which measures the predicted and actual (if available) levels of RFR radiation emitted by the proposed facility operating by itself and in combination with other existing or approved facilities which can be measured at the proposed facility site. Measurements for RFR shall be based on all proposed, approved, and existing facilities operating at maximum power densities and frequencies. The City may require one or more (periodic) post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone and in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.38.090 – Lighting.

Wireless communications facilities may be lighted in compliance with the following:

A. Manually-operated, low-wattage, hooded, and downward-directed exterior lighting shall be allowed for safety purposes only and shall be kept off except when maintenance or safety personnel are present at night.

B. Tower lighting required under FAA regulations shall, to the greatest extent feasible, be shielded or directed to minimize light and glare impacts on nearby properties and residents.

C. Nighttime lighting of warning signs required near publicly accessible facilities shall consist of low wattage fixtures, and shall be directed downward and hooded.

D. Applications for wireless communications facilities shall include a detailed lighting plan including the location and type of all exterior lighting fixtures.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.38.100 – Roads and Accessways.

Wireless communications facilities shall be served by the minimum roads and parking areas necessary in compliance with the following:

A. Whenever feasible, existing roads and parking areas shall be used to access and service new telecommunications facilities.

B. Any new roads or parking areas constructed shall be shared with subsequent telecommunications facilities and/or other permitted uses to the extent feasible.

C. New access roads constructed in agricultural or open space areas shall have the minimum width and surfacing necessary to meet fire safety and access requirements.

D. The size of new parking areas shall be limited to the minimum necessary to accommodate vehicles associated with periodic maintenance of the facility.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.38.110 – Vegetation.

Wireless communications facilities shall be installed in a manner that maintains and enhances existing vegetation. Vegetation protection and facility screening shall be accomplished through the following measures:

A. Applications for wireless communications facilities shall be accompanied by a landscape plan that shows existing vegetation, indicates any vegetation proposed for removal or trimming, and identifies proposed plantings by type, size, and location. The emphasis of the landscape plan shall be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the adjacent area.

B. Existing trees to be retained and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction. Submission of a tree protection plan may be required to ensure compliance with this requirement.

C. All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

D. No vegetation shall be removed subsequent to project completion except with City approval, to comply with local and State fire safety regulations, to prevent the spread of disease as required by the State Food and Agriculture Department, or to prevent safety hazards to people and property.

E. Where appropriate, the applicant shall enter into a landscape performance and maintenance ontract with the City to ensure the installation and establishment of required landscaping, n compliance with Section 19.28.040.I (Maintenance Contract Required).

(Ord. No. 1576, § 2 (Exh. A, amd.)](https://library.municode.com/ca/novato/ordinances/code_of_ordinances?nodeId=643315) , 10-23-2012)

19.38.120 – Noise and Traffic.

Wireless communications facilities shall be constructed and operated in a manner that minimizes noise and traffic impacts. Noise and traffic reduction shall be accomplished through the following measures:

A. Wireless communications facilities shall operate in compliance with the noise exposure standards in Section 19.22.070 (Noise).

B. Normal testing and maintenance activities shall occur between 7:00 a.m. and 5:00 p.m. Monday through Friday, excluding emergency repairs. Normal testing and maintenance activities which do not involve the use or operation of telecommunications and maintenance equipment that is audible from residences and other nearby sensitive receptors may occur at all other times.

C. Backup generators shall comply with the same noise standards referenced above and shall only be operated during power outages, emergency occurrences, or for testing and maintenance in compliance with Subsection B, above.

D. Traffic resulting from the operation and maintenance of a wireless communications facility shall be kept to a minimum. Conditions of project approval shall specify a maximum number of trips on a case-by-case basis based upon the carrier’s maintenance and testing schedule.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.38.130 – Visual Compatibility and Facility Site Design.

Wireless communications facility structures and equipment shall be sited, designed, and screened to blend with the surrounding natural or built environment in order to reduce visual impacts to the maximum extent feasible. Visual compatibility shall be accomplished through the following measures:

A. Visual Analysis. Applications for wireless communications facilities shall include a visual analysis of the proposed facility at design capacity, including but not necessarily limited to a photo montage or photo simulation and/or story poles erected at the proposed site or other similar technique. The visual analysis shall address views from public vantage points and private residences if determined appropriate by the Director. The visual analysis shall also depict cumulative conditions by including information pertaining to existing, approved, and proposed telecommunications facilities that will be constructed at the site by all carriers, based upon permit applications which have been filed with or approved by the City. The visual analysis may be expanded to include alternative locations within the proposed service area.

B. Stealth Design. To the extent feasible, all such facilities shall be designed to blend into the surrounding natural and built environment and be architecturally integrated into structures upon which such facilities are mounted to appear as an integral part of the structure or otherwise minimize their appearance. The following stealth design techniques are encouraged:

  1. Wall-mounted antennas shall be integrated architecturally with the style, character, materials and color of the structure or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly-created architectural feature (e.g., cupolas, dormers, chimneys or steeples) so as to be completely screened from view. To the extent feasible, wall-mounted antennas should not be located on the front, or most prominent facade of a structure, and should be located above the pedestrian line-of-sight.
  2. Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as possible to minimize visibility from street level locations. Where appropriate, construction of a roof-top parapet wall to hide the facility may be required. To avoid or minimize the appearance of visual clutter on rooftops, proposed facilities should, to the extent possible, be located adjacent to existing rooftop antennas or equipment, incorporated into rooftop antenna or equipment enclosures, or otherwise screened from view. In addition, existing rooftop antenna and equipment should be consolidated where practical and shall be removed if not in active use for a period of six months or longer.
  3. Whenever possible, base stations, equipment cabinets, back-up generators, and other equipment associated with building mounted antennas should be installed within the existing building envelope or underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environments. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with the surrounding development and/or land use setting.
  4. In certain open space or hillside locations that would be generally viewed from a distance, it may be appropriate to design facilities to resemble a natural feature (e.g., tree or rock outcrop). Other innovative design solutions may be appropriate where the screening potential of a site is low (i.e., disguise facility as a landscape element, public art, etc.).
  5. Facilities should not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure, and should not interfere with prominent vistas or significant public view corridors.

C. View Impacts. Facilities should be sited to avoid adverse impacts to existing views from surrounding residences.

D. Signage. No advertising signage or identifying logos shall be displayed on any personal wireless communications facility, except for small identification plates used for emergency notification.

E. Minimum Height. Applicants shall demonstrate that facilities have been designed to attain the minimum height required from a technological standpoint for the proposed site.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.38.140 – Removal of Abandoned Wireless Communication Facilities.

A wireless communication facility that is not operated for a continuous period of six months shall be considered abandoned, and the property owner shall remove the facility within 90 days of notice from the City. If the facility is not removed within 90 days, the City may remove the facility at the property owner’s expense. If there are two or more users of a single wireless communication facility, then these provisions shall not become effective until all users cease using the facility.

( Ord. No. 1576, § 2 (Exh. A, amd.) , 10-23-2012)

19.38.150 – Nonconforming Facilities.

Nonconforming wireless communication facilities are subject to the requirements of Division 19.52 (Nonconforming Uses, Structures, and Parcels).

(Ord. No. 1576, § 2 (Exh. A, amd.) , 10-23-2012)

19.38.160 – Modifications to Existing Facilities.

Modifications to existing facilities shall require Use Permit approval in compliance with Section 19.42.050 (Use Permits).

A. Minor Modifications. Minor modifications to existing wireless communication facilities may be approved by the Zoning Administrator. Minor modifications include the following:

  1. An increase of up to 10 feet above the allowed height limit of the particular zoning district for existing towers to accommodate co-location or to accommodate an attached facility on an existing structure.
  2. A decrease of up to 10 percent in setback requirements.

B. Major Modifications. Major modifications to wireless communication facilities shall require Planning Commission approval. Major modifications are any modifications that are not listed as minor modifications.

[(Ord. No. 1576, § 2 (Exh. A, amd.) , 10-23-2012)

19.38.170 – Post Approval Procedures.

Validation of proper operation. Within 90 days of commencement of operations, the applicant for the wireless communication facility shall provide the Department a report prepared by a qualified engineer, verifying that the operation of the facility is in compliance with the standards established by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radio frequency radiation (RFR).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)