The provisions of this Chapter are intended to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of antennas. It is further intended that these regulations accomplish the following:
A. 
Protect residential neighborhoods and the visual character of the City from the potential adverse visual effects of telecommunication facility development and antenna installation;
B. 
Ensure that all telecommunication facilities comply with the Federal Communication Commission's (FCC) exposure standards for non-ionizing electromagnetic radiation (NIER);
C. 
Protect environmental resources of the City;
D. 
Ensure that a broad range of telecommunication facilities is provided to serve the community and to serve as an important part of the City's emergency response network; and
E. 
Provide a comprehensive, objective, and efficient process for reviewing applications for telecommunication facilities while at the same time protecting the interests of citizens.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
A telecommunications facility shall require a Minor Conditional Use Permit or a Conditional Use Permit approval in compliance with this Chapter, if not considered exempt. Design Review is required for any nonexempt facility.
A. 
Design Review required. Design Review is required for all telecommunication facilities, except those listed by this Chapter as exempt. The review authority conducting Design Review for minor facilities is the Zoning Administrator and the review authority conduction Design Review for major facilities is the Design Review Board.
B. 
Minor Conditional Use Permit required. A Minor Conditional Use Permit is required for all minor telecommunication facilities. The review authority for Minor Conditional Use Permits is the Zoning Administrator.
C. 
Conditional Use Permit required. A Conditional Use Permit is required for all major telecommunication facilities. The review authority for Conditional Use Permits is the Planning Commission.
D. 
Exceptions. Exceptions to the requirements of this Chapter may be granted through Conditional Use Permit approval by the Commission. A Conditional Use Permit may only be approved if the Commission finds, after receipt of substantial evidence, that failure to adhere to the standards under consideration is consistent with the purpose and intent of this Chapter. Tower setback requirements may be waived under the following circumstances:
1. 
The facility is proposed to be co-located on an existing, legally established telecommunication tower; or
2. 
The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
Each antenna and other telecommunications facility, including exempt facilities, shall comply with the following requirements.
A. 
The antenna shall be accessory to the primary use of the property which is not a telecommunications facility.
B. 
No more than one citizen band, amateur radio, receive only TV or radio antenna tower is allowed per parcel.
C. 
Telecommunications towers shall not be located within any setback area required by the applicable zoning district.
D. 
Freestanding antenna towers shall be located within a fenced yard or be anti-climbing equipped.
E. 
Antennas and appurtenances should not be installed between the primary structure and any private or public street adjoining the parcel unless sufficiently screened, and no other feasible alternative exists.
F. 
No portion of an antenna array shall extend beyond the property lines of the subject parcel, unless the affected property owner has given written consent to the encroachment and the consent has been recorded in the office of the Sonoma County Recorder. Any consent given under this condition shall set forth a procedure by which the consent may be terminated.
G. 
The facility shall be as small as possible and the minimum height necessary without compromising reasonable reception and/or transmission.
H. 
All hardware such as brackets, turnbuckles, clips, and similar items subject to rust or corrosion shall be protected by galvanizing or paint.
I. 
Satellite dishes shall be painted a color that blends with their surroundings.
J. 
Facilities shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.
K. 
Each facility shall comply with all Federal, State, and City codes, including Federal Communication Commission and Federal Aviation Administration standards.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
Amateur radio and citizen's band facilities shall comply with the following standards, and all other applicable provisions of this Chapter.
A. 
Exempt facilities. The following amateur radio and citizen band facilities are exempt from Design Review and Minor Conditional Use Permit requirements:
1. 
An antenna facility that is not within the public view as defined in Division 7 (Glossary) is exempt provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2. 
No more than six ground mounted antennas per parcel, not to exceed 12 feet in height.
3. 
No more than six building mounted antennas per parcel, not to exceed 12 feet in height above the highest part of the building.
4. 
No more than six building mounted tower antennas per parcel when the antennas and support structure do not exceed 30 feet above the highest part of the building to which it is attached.
5. 
No more than six freestanding tower mounted antennas per parcel when the antennas and support structure do not exceed 40 feet in height and provided the support structure is setback a minimum of 20 feet from property lines, unless otherwise approved by Design Review.
B. 
Minor facilities. The following amateur radio and citizen band facilities shall require Minor Conditional Use Permit and Design Review approval.
1. 
No more than six building mounted tower antennas, or freestanding tower antennas, per parcel when the antennas and support structure do not exceed 75 feet in height.
2. 
No more than six freestanding tower antennas per parcel when the antennas and support structure are at least 40 feet but do not exceed 75 feet in height and are setback less than 20 feet from property lines.
C. 
Major facilities. The following amateur radio and citizen band facilities require Conditional Use Permit and Design Review approval:
1. 
Any building mounted tower antennas when the antennas and support structure exceed 75 feet in height above the highest part of the building to which the antenna is attached.
2. 
Any freestanding tower antennas when the antennas and support structure exceed 75 feet in height.
3. 
More than six amateur radio antennas per parcel.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
Receive-only TV and radio antennas shall comply with the following regulations, and all other applicable requirements of this Chapter.
A. 
Exempt facilities. The following facilities are exempt from Design Review and Conditional Use Permit requirements provided that they comply with Subsections B and C.
1. 
An antenna that is not within the public view as defined in Division 7 (Glossary) is exempt from Minor Conditional Use Permit and Design Review requirements provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2. 
Ground mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter; or an antenna that is no more that 12 feet in height.
3. 
Building mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter or an antenna that is no more that 12 feet in height above the building on which it is mounted.
B. 
Minor facilities. The following receive-only TV and radio antenna facilities require Minor Conditional Use Permit and Design Review approval:
1. 
No more than three ground mounted antennas per parcel in residential districts or areas, or more than six ground mounted antennas per parcel in non-residential districts or areas, mounted on a mast no more than 12 feet in height.
2. 
No more than three building mounted antennas per parcel in residential districts or areas, or more than six building mounted antennas per parcel in non-residential districts or areas, mounted on a mast no more than 12 feet in height above the building on which it is mounted.
3. 
No more than three freestanding tower antennas per parcel when the antennas and support structure do not exceed 45 feet in height.
C. 
Major facilities. The following receive-only TV and radio antenna facilities require Conditional Use Permit and Design Review approval:
1. 
Any building mounted tower antennas or freestanding tower antennas when the antennas and support structures exceed 45 feet in height.
2. 
More than three antennas per parcel in a residential district or more than six antennas per parcel in a commercial district.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
Each commercial telecommunications facility shall comply with the following regulations.
A. 
Exempt facilities. The following are exempt from Design Review and Conditional Use Permit requirements:
1. 
A telecommunications facility that is not within the public view as defined in Division 7 (Glossary), provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2. 
Removal of transmission equipment.
3. 
Replacement of transmission equipment with new equipment that is substantially the same size and in the same location as the existing equipment.
B. 
Minor facilities. The following are subject to Minor Conditional Use Permit and Design Review and shall comply with all applicable provisions of this Chapter.
1. 
Building or ground-mounted antennas located on non-residentially used parcels within R or PD zoning districts;
2. 
Building or ground-mounted antennas located within any C, BP, or PI zoning district or within any office, commercial or industrial area of a PD zoning district;
3. 
Minor modifications to existing legally established minor or major towers in any zoning district;
4. 
Telecommunication towers with no more than two satellite dishes located within any CO, CN, or PI zoning district, or within any office or commercial area of a PD zoning district where the height does not exceed 45 feet;
5. 
Telecommunication towers with no more than two satellite dishes located within any CG, CV, CSC, BP, IL, or IG zoning district, or within any industrial area of a PD zoning district where the height does not exceed 45 feet.
C. 
Major facilities. The following facilities are subject to Conditional Use Permit and Design Review and shall comply with all applicable provisions of this Chapter:
1. 
All commercial telecommunication facilities, other than exempt or minor facilities.
D. 
Collocation on an existing telecommunications facility. Collocation of new transmission equipment on an existing, legally established, telecommunications facility is subject to Minor Design Review only, consistent with the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, or as otherwise required by Federal Law, as may be amended from time to time, and shall comply with all applicable provisions of this Chapter. This section also applies to telecommunications facilities that were legal when they were originally constructed, but changes in this Zoning Code, or the applicable zoning district development standards, caused the structure to become legal nonconforming.
E. 
Application requirements for commercial facilities. In addition to the Conditional Use Permit application requirements specified in Chapter 20-50 (Permit Application Filing and Processing), the following information shall be submitted when applying for a minor or major commercial facility:
1. 
Area development, service area, and network maps;
2. 
Alternative site or location analysis;
3. 
NIER exposure information;
4. 
Title reports; and
5. 
Visual impact analysis, including photo montages, field mock ups, line of site sections, and other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts of the facility, at design capacity. Consideration shall be given to views from public areas as well as from private properties. The analysis shall assess visual impacts of the facility, and shall identify and include all technologically feasible mitigation measures.
F. 
Design guidelines for commercial facilities. To the greatest extent possible, minor and major commercial telecommunication facilities shall be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property. To this end, each facility shall comply with the following design guidelines.
1. 
Innovative design solutions that minimize visual impacts should be utilized.
2. 
Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission.
3. 
Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists.
4. 
Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel.
5. 
Telecommunication facilities shall be located and designed to avoid blocking and/or substantially altering scenic resources.
6. 
Building mounted telecommunication facilities are encouraged over telecommunication towers.
7. 
Building mounted telecommunication facilities should be integrated with existing structures.
8. 
Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features.
9. 
Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.
10. 
No telecommunication tower shall be installed on an exposed ridge line, unless it is found not to be readily visible from off site.
11. 
The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements.
12. 
Satellite dishes are encouraged to be of mesh construction.
13. 
Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower.
14. 
Co-location of commercial telecommunication towers and the use of the same site by multiple carriers is required where feasible and found to be desirable.
15. 
All antenna towers should be monopoles or guyed/lattice towers except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized.
16. 
All utility lines serving the facility should be undergrounded.
17. 
Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary.
18. 
All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in R zoning districts or within residential areas of a PD zoning district.
19. 
All major commercial telecommunication facilities shall be located at least 75 feet from any habitable structure, except for a habitable structure on the property in which the facility is located. The 75-foot Habitable Structure Setback is measured as the shortest distance from a major commercial telecommunications facility to the nearest exterior wall of the closest habitable structure. Habitable structure as defined in this chapter means a structure for living, sleeping, eating, or cooking spaces occupied by one household or family on a long-term basis. Habitable structure does not include a guest house or any transient residential occupancy of structure including but not limited to hotel or motel.
G. 
Commercial transmission tower location. The following regulations shall apply to the location of transmission towers.
1. 
Analysis of alternative sites. The application for each commercial facility shall include an analysis shall be prepared by or on behalf of the applicant, which identifies reasonable, technically feasible, alternative locations and/or facilities which would provide comparable service. The intention of the alternatives analysis is to present alternative sites which would minimize the number, size and potential adverse environmental impacts of facilities necessary to provide services. The analysis shall address the potential for co-location at an existing or new tower site and shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making body finding that the proposed site results in the least potentially adverse impacts than any feasible alternative site.
2. 
Separation between facilities. No telecommunications tower, providing services for a fee directly to the public, shall be installed closer than two miles from another readily visible, uncamouflaged or unscreened telecommunication tower unless it is a co-located facility, situated on a multiple user site, not readily visible, or technical evidence acceptable to the Director or Commission, as appropriate, is submitted showing a clear need for the facility and the infeasibility of co-locating it on an existing tower. Facilities that are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.
3. 
Co-location.
a. 
A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and response to such requests shall be made in a timely manner and in writing and copies shall be provided to the City. Co-location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where lease arrangements fail.
b. 
All properties and towers found suitable for co-location and multiple users shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including parking areas, access roads, utilities and equipment buildings shall be shared by site users, when in the determination of the Director or Commission, as appropriate, this will minimize overall visual impacts to the community.
4. 
Roads and parking. All commercial telecommunications facilities shall be served by the minimum roads and parking areas necessary. Existing roads and parking areas shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet City standards. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses and shall comply with City standards.
5. 
NIER exposure. Commercial telecommunications facilities shall be operated in compliance with the Federal Communication Commission's (FCC) human exposure standards for non-ionizing electromagnetic radiation (NIER). The applicant for commercial telecommunication facilities shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any of the following ways:
a. 
Provide evidence in the form of an FCC license or construction permit that has accepted the applicant's certification that the facility meets the FCC standard;
b. 
Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 4026 §§ 2, 3, 2014; Ord. 2021-012 § 37)
Upon abandonment of a telecommunication facility, the facility shall be removed by the applicant and/or property owner and, where applicable, the site shall be restored to its natural condition.
(Ord. 3677 § 1, 2004)