Chapter 18.47
TELECOMMUNICATION FACILITIES
Sections:
18.47.040 Inventory and tracking system.
18.47.070 General requirements.
18.47.010 Purposes.
A. The purpose of this chapter is to establish uniform regulations for the design, placement, permitting, maintenance and monitoring of telecommunication facilities in a manner which is compatible with the character of the City and will not adversely impact neighboring properties, while ensuring public safety. These regulations are intended to reduce any adverse visual and operational impacts of these facilities. These regulations are also intended to acknowledge the benefit of the provision of telecommunication services within the City and provide for the communication needs of residents, local businesses, government agencies and the community as a whole.
B. This chapter is intended to implement regulations of telecommunication facilities consistent with State and Federal law, including the Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., and the Federal Communications Commission regulations, Title 47 of the Code of Federal Regulations. This chapter is not intended and shall not be interpreted to prohibit or to have the effect of prohibiting telecommunication services. This chapter shall not be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent telecommunication services.
C. The regulations established for telecommunication facilities in this chapter are intended to promote the following goals:
1. Protect the health, safety and general welfare of the community, while ensuring a comprehensive and broad range of telecommunication services and high quality telecommunication infrastructure are provided to serve the community.
2. Establish criteria for the placement, design and maintenance of telecommunication facilities within the City.
3. Ensure the development of a competitive telecommunication marketplace within the City.
4. Protect the visual character of the City and property values within the City through careful design, siting, landscaping and innovative camouflaging techniques for telecommunication facilities.
5. Require, to the greatest extent possible, cooperation between telecommunication service providers to colocate telecommunication facilities in order to avoid unnecessary construction of antenna structures and reduce the total number of antenna structures needed to serve the community.
6. Limit the proliferation of antenna structures by permitting the construction of new antenna structures only after all other reasonable alternatives have been exhausted and encourage the configuration of all telecommunication facilities in a manner that minimizes adverse visual impacts.
7. Pursue additional public benefit from the telecommunication facilities by encouraging the leasing of publicly owned properties, where feasible, for the development of telecommunication facilities.
8. Allow potential telecommunication service providers to utilize a streamlined permitting process after demonstrating compliance with these regulations, as well as with other applicable zoning, building and safety regulations. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 60. Formerly 18.47.020.]
18.47.020 Definitions.
For the purposes of this chapter, the words and terms set forth in this section shall have the following definitions:
“Accessory equipment” is any equipment ancillary to the transmission and reception of signals by the antenna. Accessory equipment may include cable, conduit, connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.
“Antenna” is any device or system of devices, such as wires, poles, rods, discs, reflecting discs, panels, flat panels, dishes, or other similar devices, used for the transmission or reception of electromagnetic waves or signals, including but not limited to radio waves and microwaves. The height of the antenna shall include the antenna structure. The following are specific types of antennas:
1. “Antenna, amateur radio” (also known as a “ham radio antenna”) is an antenna operated by a Federally licensed amateur radio operator for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station as part of the amateur radio service licensed by the FCC.
2. “Antenna, building-mounted” is an antenna directly attached or affixed to a building, tank, tower, or other structure. Building-mounted antennas shall include roof-mounted antennas, which are attached or affixed to the rooftop or top of the structure.
3. “Antenna, directional” (also known as a “panel antenna”) is a flat, rectangular antenna that transmits and/or receives signals in a directional pattern of less than three hundred sixty (360) degrees.
4. “Antenna, ground-mounted” is an antenna with its base (single or multiple posts) placed directly on the ground.
5. “Antenna, television broadcast service” is an antenna designed to receive only television broadcast signals.
“Antenna structure” is any structure designed and primarily used to support antennas. An antenna structure may include a lattice tower, mast, pole, or other structure and may be building-mounted or ground-mounted.
“Broadband radio service” is the transmission of commercial broadcast signals via wireless technology to and/or from a fixed customer location. Broadband radio service is also known as “wireless cable,” “multipoint distribution service (MDS)” and “multichannel multipoint distribution service (MMDS),” which includes instructional television fixed service, and local multipoint distribution service.
“Colocate” or “colocation” is the location of a telecommunication facility on the same antenna structure, building or other structure, accessory equipment, or property as an existing telecommunication facility.
“Direct broadcast satellite service” is the transmission of commercial broadcast signals via satellite directly to a fixed customer location. Direct broadcast satellite service includes direct-to-home satellite service.
“Existing telecommunication facility” is a telecommunication facility that is subject to a conditional use permit, which allows for the colocation of a telecommunication facility and the extent of site improvements involved with the colocation of a telecommunication facility, and for which an environmental impact report was certified or a mitigated negative declaration or negative declaration was adopted by the City pursuant to the California Environmental Quality Act (CEQA), Cal. Pub. Res. Code § 21000 et seq.
“FCC” is the Federal Communications Commission, which is the governmental agency responsible for regulating telecommunications within the United States.
“Fixed wireless service” is the transmission of any commercial nonbroadcast communications via wireless technology to and/or from a fixed customer location. Fixed wireless service does not include the transmission of AM radio signals, FM radio signals, amateur (or “HAM”) radio signals, citizen’s band (or “CB”) radio signals, or digital audio radio service (or “DARS”) signals.
“Nonionizing electromagnetic radiation (NIER)” is radiation from the portion of the electromagnetic spectrum with frequencies of insufficient energy to break chemical bonds, including all frequencies below the ultraviolet range such as visible light and radio frequency (RF) radiation.
“Public use” is any permitted or conditional use within a public service district pursuant to Chapter 18.17 DMC.
“Ridgeline” is the line along the top of a roof of a building or other structure.
“Stealth” or “stealthing” is the method of designing a telecommunication facility in such a way that the facility is not readily recognizable as an antenna, antenna structure, or accessory equipment. Stealthing may include, but is not limited to, complete concealment of a telecommunication facility; replicating, duplicating, or simulating the construction of common structures such as flagpoles; and camouflaging or screening telecommunication facilities to blend into the surrounding environment.
“Telecommunication facility” or “facility” is any antenna, antenna structure, accessory equipment, or any combination thereof located within the City.
“Temporary telecommunication facility” is any portable or movable telecommunication facility, such as cellular-on-wheels (COWs) or cellular-on-light-trucks (COLTs), that is located at a given site for a limited time.
“Video programming” is programming provided by, or generally considered comparable to programming provided by, a television broadcast station. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 60. Formerly 18.47.030.]
18.47.030 Applicability.
A. All telecommunication facilities located within the City shall comply with this chapter; provided, that any telecommunication facility, which is subject to a valid conditional use permit approved prior to the enactment of this chapter, may be modified within the scope of the existing conditional use permit without complying with these regulations. Modifications outside the scope of the valid conditional use permit shall require submittal of a telecommunication facility application as provided in this chapter.
B. Notwithstanding subsection A of this section, the following telecommunication facilities shall be exempt from this chapter, unless located on a “qualified historical building or structure” as defined by Cal. Health & Safety Code § 18955:
1. Antennas designed to receive direct broadcast satellite service, video programming services via broadband radio service, or fixed wireless signals and are located on property owned or rented by the antenna user, and such property is within the exclusive use or control of the antenna user, if the antennas are:
a. Forty (40) inches or less in diameter or diagonal measurement and comply with the following height and location standards, unless a different height or location of the antenna is necessary for receiving an acceptable quality signal or necessary to avoid incurring additional costs associated with installation of the antenna that would not otherwise be incurred:
(i) The antenna has a height of thirty (30) feet or less above the ground; and
(ii) If the antenna is located within an R district, the antenna is not located within the front yard or the street side yard; and
(iii) If the antenna is located within an R district and exceeds a height of six (6) feet above the ground, the antenna has a setback of at least ten (10) feet; and
(iv) If the antenna is located within a C district, the antenna is not located within any required yard or setback area; and
(v) If the antenna is located within a C district and is a roof-mounted antenna, the antenna is located as far away as possible from the edges of the roof; or
b. More than forty (40) inches, but eighty (80) inches or less in diameter or diagonal measurement, located within a C district, and comply with the following height and location standards:
(i) The antenna has a height of thirty (30) feet or less above the ground; and
(ii) The antenna is not located within any required yard or setback area; and
(iii) If the antenna is a roof-mounted antenna, the antenna is located as far away as possible from the edges of the roof; and
(iv) The antenna is stealth in accordance with DMC 18.47.070(E); or
c. Panel antennas more than forty (40) inches in diagonal measurement with an aggregate area of four hundred eighty (480) square inches or less (e.g., two (2) one (1) foot by one (1) foot eight (8) inch panels) located within a C district and:
(i) The antennas are four (4) feet or less in height; and
(ii) All accessory equipment is stealth in accordance with DMC 18.47.070(E); or
2. Roof-mounted antenna(s) located within a C district that is stealth in accordance with DMC 18.47.070(E) by being completely screened by the parapet or other roof elements of the building.
3. Television broadcast service antennas located on property owned or rented by the antenna user, and such property is within the exclusive use or control of the antenna user; provided, that the antenna has a height of thirty (30) feet or less above the ground, unless exceeding this height limit is necessary for receiving or transmitting an acceptable quality signal.
4. An antenna that is designed to only receive radio broadcast signals; provided, that the antenna has a height of thirty (30) feet or less above the ground.
5. Government-owned and utility-owned telecommunication facilities used solely for telemetry (transmission of remote measurement data) purposes for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems that have a height of thirty (30) feet or less above the ground and any antenna is twenty-four (24) inches or less in diameter or diagonal measurement.
6. A temporary telecommunication facility used by news providers covering news events for broadcast to the public located at a site for a time period of seventy-two (72) hours or less.
7. A temporary telecommunication facility located at a site for sixty (60) days or less and deployed during a community-wide emergency or natural disaster as declared by the City Council or determined by the Fire Chief.
8. A temporary telecommunication facility located at a site for forty-eight (48) hours or less and used to establish the necessary height of a telecommunication facility.
9. A telecommunication facility that is specifically exempt from local regulation pursuant to a permit issued by the California Public Utilities Commission or the rules and regulations of the FCC and/or a license issued by the FCC, to the extent that such permit, license or rules and regulations provide.
C. Notwithstanding subsection B of this section, all telecommunication facilities that are exempt from this chapter shall comply with any applicable encroachment permit regulations pursuant to DMC Title 13 and the building and safety regulations of the Dixon Uniform Codes (DMC Title 16), including the City’s building permit process requirements to the extent applicable, and any other applicable safety regulations imposed by Federal, State, or local law. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 60. Formerly 18.47.040.]
18.47.040 Inventory and tracking system.
The Community Development Director, or his or her designee, shall compile a list of all telecommunication facilities located within the City based upon information provided by the telecommunication service providers and telecommunication facility owners. The list shall be maintained and updated as necessary. The list shall include the site at which the telecommunication facility is located, facility height(s), number of telecommunication service providers using the site/facility, availability of space for colocation and any other telecommunication facilities in the telecommunication service provider’s network that directly connect to those facilities located within the City. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 60. Formerly 18.47.050.]
18.47.050 Permits required.
A. Permit Required. All telecommunication facilities not specifically exempt under DMC 18.47.030(B) from the provisions of this chapter shall apply for a telecommunication facilities administrative permit or a conditional use permit as set forth in this section and according to the procedure set forth in DMC 18.47.060.
B. Telecommunication Facility Administrative Permit. A telecommunication facility administrative permit shall be required for the following telecommunication facilities:
1. Residential Zoning Districts. The following antennas located within an R district:
a. A single antenna designed to receive direct broadcast satellite service, video programming services via broadband radio service, or fixed wireless signals and located on property owned or rented by the antenna user, and such property is within the exclusive use or control of the antenna user, if the following criteria are satisfied:
(i) The antenna is more than forty (40) inches, but less than ten (10) feet in diameter or diagonal measurement; and
(ii) The height of the antenna does not exceed twelve (12) feet above ground; and
(iii) The antenna is not located within the required yard or setback area.
2. Nonresidential Zoning Districts. The following antennas located within a C district:
a. A single antenna designed to receive direct broadcast satellite service, video programming services via broadband radio service, or fixed wireless signals and located on property owned or rented by the antenna user, and such property is within the exclusive use or control of the antenna user, if the following criteria are satisfied:
(i) The antenna is more than eighty (80) inches but less than ten (10) feet in diameter or diagonal measurement; and
(ii) The height of the antenna does not exceed the height of the ridgeline of the primary structure on the parcel; and
(iii) The antenna is not located within the required yard or setback area.
b. Roof-mounted antennas with a height not to exceed fifteen (15) feet above the ridgeline of the primary structure on the parcel.
c. A single ground-mounted antenna; provided, that all accessory equipment is stealth in accordance with DMC 18.47.070(E).
d. Building-mounted panel antennas that are stealth in accordance with DMC 18.47.070(E).
3. Public Uses and Property. Telecommunication facilities located on public property and/or located in public uses or the parcel on which a public use is located.
4. Colocated Telecommunication Facilities. In accordance with Cal. Gov’t Code § 65850.6, a telecommunication facility that is colocated on an existing telecommunication facility; provided, that the colocated telecommunication facility complies with all conditions of the conditional use permit for the existing telecommunication facility.
C. Conditional Use Permit. A conditional use permit shall be required for all telecommunication facilities not listed in subsection B of this section and not specifically exempt under DMC 18.47.030(B) from the provisions of this chapter. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 60. Formerly 18.47.060.]
18.47.060 Permit process.
A. Application Required. A telecommunication facility application shall be filed with the Community Development Department for all telecommunication facilities not specifically exempt under DMC 18.47.030(B) from the provisions of this chapter. A telecommunication facility application shall be obtained from the Community Development Department and shall be processed according to the procedure set forth in this section.
B. Application Contents. A telecommunication facility application shall include the following information:
1. Name, Address and Telephone Number. The name, address and telephone number of the officer, agent, or employee responsible for processing the application.
2. FCC Licenses. A copy of a valid FCC license for the proposed activity or proof that the FCC license is pending.
3. Visual Analysis. A visual analysis that includes a photo simulation/montage and/or visual impact demonstration, such as a field mock-up or silhouette illustration, which identifies the potential visual impacts of the proposed telecommunication facility. The visual analysis shall include a diagram or map showing all areas of the City from which the proposed telecommunication facility will be visible.
4. Feasibility Study. A feasibility study that includes an analysis of the feasibility of:
a. Alternative locations for the proposed telecommunication facility, including colocation of the facility; and
b. Alternative facility designs, including the feasibility of the proposed facility to be stealth through camouflaging or screening by existing or proposed topography, vegetation, buildings or other structures.
5. NIER. A NIER exposure analysis for the proposed telecommunication facility when located within five hundred (500) feet of a residential zoning district.
6. Noise Analysis. Decibel information for each piece of equipment. The Community Development Director may also require an acoustical report to ensure that all accessory equipment associated with a telecommunication facility operates within the acceptable decibel limits as established by DMC 18.28.030.
7. Title Report. A title report identifying legal access and any easements or restrictions which encumber the proposed site for the telecommunication facility.
8. Security Measures. A description of security measures to be incorporated into the design of the telecommunication facility.
9. Maintenance/Landscaping Plan. A maintenance plan that describes a proposed maintenance program to maintain the telecommunication facility. Where applicable, the maintenance plan shall include a landscaping plan depicting existing surrounding landscaping, proposed landscaping and a landscape protection plan for construction, including any irrigation plan and/or tree protection plan.
10. Master Plan. A master plan showing all the applicant’s existing and planned telecommunication facilities, including information about the location, height, design and coverage area of each telecommunication facility within the City and within a quarter (0.25) mile of the City limits. As part of the master plan, the Community Development Director may require the applicant to submit additional information, including, but not limited to, the following:
a. Proof of ownership or control over the properties designated as sites for locating planned telecommunication facilities;
b. A description of the design and heights of all telecommunication facilities, including a cross section and elevation;
c. A description of the maintenance programs for all existing and planned telecommunication facilities;
d. A description of all the potential mounting positions for colocated antennas and the minimum separation distances between antennas;
e. A description of the capacity of any antenna structure, including the number and type of antennas that it can accommodate for colocation;
f. A statement that the proposed telecommunications facility is available for future colocation or an explanation of why future colocation is not technologically feasible; and/or
g. A map of the three hundred (300) foot mailing radius of each proposed site for all planned telecommunication facilities.
11. Statement for Noncompliance. For any telecommunication facility that does not comply with all applicable requirements in this chapter, a written statement explaining why strict compliance with the requirement(s) would not reasonably accommodate the telecommunication needs of the service provider, any alternatives that were considered, and the reasons why there are no feasible alternatives that would meet the requirement(s), including but not limited to the following:
a. The telecommunication facility exceeds the structural capacity of existing telecommunication facilities or structures, as documented by a qualified and licensed professional engineer, and existing telecommunication facilities or structures cannot be reinforced, modified, or replaced to accommodate the telecommunication facility at a reasonable cost;
b. The telecommunication facility will cause or materially interfere with other existing or planned telecommunication facilities, as documented by a qualified and licensed professional engineer, and such interference cannot be minimized at a reasonable cost;
c. Existing telecommunication facilities or structures cannot accommodate the telecommunication facility at a height necessary to function, as documented by a qualified and licensed professional engineer; and/or
d. A colocation agreement cannot be obtained at commercially reasonable terms and conditions, including price.
12. Necessary Information. Any other necessary information as may be required by the Community Development Director.
C. Independent Technical Expert. The Community Development Director is hereby authorized, at his/her sole discretion, to employ on behalf of the City an independent technical expert to review any technical materials submitted as part of the telecommunication facility application including, but not limited to, those cases where a written statement is provided pursuant to subsection (B)(11) of this section that the telecommunication facility does not comply with all applicable requirements due to unavoidable need or unfeasibility of alternatives. The applicant shall pay all costs of such a review.
D. Telecommunication Facility Administrative Permit.
1. Permit Process. The Community Development Director shall issue a telecommunication facility administrative permit for any telecommunication facility requiring such a permit pursuant to DMC 18.47.050(B), without a public hearing or action by the Planning Commission, upon satisfaction of the following criteria:
a. The telecommunication facility application is determined to be complete by the Community Development Department; and
b. The telecommunication facility complies with all applicable provisions of this chapter.
2. Fees. The telecommunication facility application shall be accompanied by a fee established by resolution of the City Council to defray the estimated costs and expenses incidental to review and processing of the telecommunication facility application for issuance of the telecommunication facility administrative permit. A telecommunication facility application shall not be determined to be complete until this fee is paid.
3. Revocation or Suspension. The Community Development Director may revoke or suspend a telecommunication facility administrative permit if the telecommunication facility no longer complies with the provisions of this chapter. At least ten (10) days prior to a determination made by the Community Development Director to revoke or suspend a telecommunication facility administrative permit, the holder of the permit shall be given written notice of the grounds or reasons for revocation or suspension of the permit and the date, time and place where such determination shall be made. The written notice shall be personally delivered to the holder of the telecommunication facility administrative permit or mailed by certified mail. If written notice is mailed to the holder of the telecommunication facility administrative permit, it shall be considered delivered on the same day as the postmark. The holder of the telecommunication facility administrative permit shall be given an opportunity to submit a written statement or to be heard in person or by legal counsel or agent to defend or explain his or her position in the matter. The Community Development Director shall provide the holder with a written determination.
4. Appeal. Any decision of the Community Development Director may be appealed pursuant to Chapter 18.40 DMC.
E. Conditional Use Permit.
1. Permit Process. Any telecommunication facility requiring a conditional use permit pursuant to DMC 18.47.050(C) shall obtain a conditional use permit pursuant to Chapter 18.25 DMC. The telecommunication facility application shall be filed in lieu of the application for a conditional use permit required by DMC 18.25.030. The telecommunication facility application shall be processed pursuant to and the applicant shall be subject to the requirements of Chapter 18.25 DMC.
2. Fees. The telecommunication facility application shall be accompanied by a fee as required by DMC 18.25.030(B). A telecommunication facility application shall not be determined to be complete until this fee is paid.
3. Revocation, Suspension, or Modification. A conditional use permit for a telecommunication facility may be revoked, suspended, or modified pursuant to Chapter 18.25 DMC.
4. Design Review. Any telecommunication facility requiring a conditional use permit, pursuant to DMC 18.47.050(C), shall be subject to design review as prescribed in Chapter 18.23 DMC, including all design review application procedures and requirements.
5. Appeal. Any decision of the Planning Commission may be appealed pursuant to Chapter 18.40 DMC as authorized by DMC 18.21.150 and 18.25.190.
F. Findings for Exceptions. The Community Development Director and Planning Commission may grant an exception for any applicant for a telecommunication facility administrative permit or a conditional use permit from any requirement of this chapter upon the following findings:
1. Strict compliance of this chapter shall preclude the reasonable accommodation of the telecommunication needs of the service provider; and
2. There are no other feasible alternatives. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (35); Ord. 15-002 § 60. Formerly 18.47.070.]
18.47.070 General requirements.
A. Compliance Requirements. All telecommunication facilities shall comply with the following:
1. The Dixon General Plan and any other land use plan, policies and guidelines adopted by the City;
2. This title;
3. The Dixon Uniform Codes (DMC Title 16), including the City’s building permit process requirements to the extent applicable, and any other applicable safety regulations imposed by Federal, State, or local law;
4. The requirements of any other governmental agency with jurisdiction over telecommunication facilities; and
5. Any applicable easements, restrictions, or land use approvals restricting development on any parcel.
B. Height Requirements.
1. Limits. All antenna structures other than amateur radio antennas shall comply with the height limits provided in this title for the zoning district in which the telecommunication facility is located.
2. Exceptions.
a. The height limit for an antenna structure in compliance with DMC 18.20.080 shall be increased by no more than twenty-five (25) feet.
b. Any building-mounted antenna structure located on any structure, which exceeds the height limit for the zoning district in which the structure is located, may be increased to the height of the structure on which the antenna structure is located.
C. Setback Requirements.
1. Telecommunication facilities shall comply with the setback requirements for the zoning district in which the telecommunication facility is located. No telecommunication facility shall be located within ten (10) feet of any property line. Additional setback requirements may be established as conditions of a conditional use permit pursuant to Chapter 18.25 DMC for any telecommunication facility exceeding the height limit for the zoning district in which the telecommunication facility is located.
2. Telecommunication facilities shall not be located within the required front yard area of any parcel.
D. Location Requirements.
1. R Districts. No ground-mounted telecommunication facility requiring a conditional use permit pursuant to DMC 18.47.050(C) shall be located within an R district, unless the telecommunication facility is stealth in accordance with subsection E of this section and complies with all applicable requirements of this chapter.
2. Vacant Parcels. Telecommunication facilities located on vacant parcels shall be removed and replaced with building-mounted telecommunication facilities upon development of the vacant parcel.
3. Colocation Requirements.
a. Telecommunication facilities shall be colocated on existing telecommunication facilities or located on public property or public uses whenever feasible.
b. Ground-mounted antenna structures shall not be permitted, unless the colocation of the antenna on existing telecommunication facilities or the location of the antenna on public property or public uses is infeasible.
c. Telecommunication service providers shall cooperate in colocating with other telecommunication service providers, including sharing technical information to evaluate the feasibility of colocation. Telecommunication service providers shall not enter into exclusive leases for the use of a particular site, telecommunication facility, building, or other structure.
d. Antenna structures shall be constructed to accommodate colocation and shall be available for colocation, unless infeasible. Antenna structures shall be designed to be extended in height by fifteen (15) feet or for the existing antenna structure to be replaced by an antenna structure that is fifteen (15) feet taller in height. Antenna structures shall be designed to allow for future rearrangement of antennas upon the antenna structure and to accept antennas mounted at varying heights. The site of an antenna structure shall accommodate any accessory equipment reasonably anticipated to support the colocation of additional telecommunication facilities.
E. Stealthing Requirements. Telecommunication facilities shall be stealth to the maximum extent feasible as determined by the Community Development Director. The following factors shall be considered in determining the extent to which stealthing is feasible:
1. The location, design and screening used to blend the telecommunication facility with existing natural or built surroundings;
2. The technological requirements of the proposed telecommunication service; and
3. The compatibility of the telecommunication facility with neighboring land uses and the character of the community.
F. Maintenance and Landscaping Requirements.
1. All telecommunication facilities shall be maintained in good repair, free from trash, debris, litter, graffiti and other forms of vandalism, any damage from any cause shall be repaired as soon as reasonably possible, and shall be maintained in compliance with the submitted maintenance plan.
2. Landscaping, wherever feasible and appropriate, shall be used for stealthing in accordance with subsection E of this section. Any proposed landscaping shall be visually compatible with existing vegetation in the vicinity and shall be maintained in good condition at all times in compliance with the submitted landscape plan.
3. Existing landscaping in the vicinity of a proposed telecommunication facility shall be protected from damage during and after construction.
G. Noise Requirements.
1. Telecommunication facilities shall not exceed the acceptable decibel limit as established by DMC 18.28.030.
2. Backup generators shall only be operated during power outages and/or for testing and maintenance purposes Monday through Friday between the hours of 9:00 a.m. and 4:00 p.m.
H. Public Right-of-Way. Any telecommunication facility to be placed over, within, on, or beneath the public right-of-way shall obtain an encroachment permit from the City pursuant to DMC Title 13. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (35); Ord. 15-002 § 60. Formerly 18.47.080.]
18.47.080 Abandonment.
A telecommunication facility that is not operated for a continuous period of six (6) months shall be considered abandoned, and the owner shall remove the facility in its entirety and restore the site to its original condition within ninety (90) days of notice from the City. If the telecommunication facility is not removed within ninety (90) days, the City may remove the facility at the owner’s expense. If there are two (2) or more users of a single telecommunication facility, this provision shall not become effective until all users cease using the facility. [Ord. 13-008 § 2; Ord. 13-009 § 2(1); Ord. 15-002 § 60. Formerly 18.47.090.]