This chapter establishes locational and developmental standards and permit requirements consistent with Federal law to: regulate the placement and design of wireless telecommunication facilities so as to preserve the unique visual character of the County, promote the aesthetic appearance of the County, and to ensure public safety and welfare; pursue additional benefits from the facilities for the public by encouraging the leasing of publicly-owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced wireless telecommunication services within the County.
(Ord. 1976 § 2, 2019)
The requirements of this chapter shall apply to all wireless telecommunications facilities located within the unincorporated areas of the County.
(Ord. 1976 § 2, 2019)
Antennas.
Any system of wires, poles, rods, reflecting discs, dishes, flat panels, or similar devices, including "whip antennas," attached to a wireless telecommunications tower, mast or other structure, which in combination with the radio-frequency radiation generating equipment associated with a base station are used for the transmission or reception of electromagnetic waves.
Base station.
The structure and equipment placed at a fixed location that enables Federal Communications Commission (FCC)-licensed or authorized wireless telecommunications between user equipment and a wireless telecommunication network. It includes, but is not limited to, utility poles, light standards, traffic signals, and other structures that house communication equipment as long as it has received the applicable regulatory approvals, even if the structure was not built for the sole or primary purpose of providing such support.
Cellular service.
A wireless telecommunications service that permits customers to use mobile telephones and other communication devices to connect, via low-power radio transmitter sites, either to the public-switched telephone network or to other fixed or mobile communication devices.
Channel.
The segment of the radiation spectrum from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.
Co-location or co-located facility.
The mounting or installation of transmission equipment on an existing wireless tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.
Communication equipment shelter.
A structure located at a base station designed principally to enclose equipment used in connection with telecommunication transmissions.
DAS.
Distributed antenna system.
dBm.
A unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.
Dish antenna.
Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.
FAA.
Federal Aviation Administration.
FCC.
The Federal Communications Commission is the Federal agency responsible for regulating telecommunications in the United States.
Gigahertz (GHz).
1,000,000,000 Hertz.
Ground-mounted wireless telecommunication facility.
Any antenna with its base placed directly on the ground (e.g., bare ground, concrete slab or footing), or that is attached to a mast or pipe.
Hertz (Hz).
A unit of measurement of an electric or magnetic field, which reverses its polarity at a frequency of once per second (i.e., one cycle or wavelength per second).
MegaHertz (MHz).
1,000,000 Hertz.
Microcell site.
A small radio transceiver facility comprised of an equipment cabinet with a total volume of 100 cubic feet or less that is either under or above ground, and one omni-directional whip antenna with a maximum length of five feet, or up to three small (approximately one foot by two feet or one foot by four feet) directional panel antennas, mounted on a single pole, an existing conventional utility pole, or some other similar support structure.
Monitoring.
The measurement, by the use of instruments in the field, of radio-frequency/non-ionizing radiation exposure at a site as a whole, or from individual wireless telecommunication facilities/towers/ antennas/repeaters.
Monopole.
A single pole-structure erected on the ground (e.g., bare ground, concrete slab or footing), to support one or more wireless telecommunication antennas and connecting appurtenances.
Non-ionizing electromagnetic radiation (NIER).
Radiation from the portion of the electromagnetic spectrum with frequencies of approximately 1,000,000 GHz and below, including all frequencies below the ultraviolet range, such as visible light, infrared radiation, microwave radiation, and radio frequency radiation.
Radio-frequency (RF) radiation.
Radiation from the portion of the electromagnetic spectrum with frequencies below the infrared range (approximately 100 GHz and below), including microwaves, television VHF and UHF signals, radio signals, and low to ultra-low frequencies.
Repeater.
Small receiver/relay transmitter of relatively low power output designed to provide service to areas that are not able to receive adequate coverage directly from a base or primary station.
Significant gap.
A gap in the service provider's (applicant carrier's) own personal wireless services network within Merced County, as defined in Federal case law interpretations of the Federal Telecommunications Act of 1996.
Stealth technology/techniques.
Camouflaging methods applied to wireless telecommunication towers, an-tennas and/or other facilities, which render them visually inconspicuous.
Structure-mounted wireless telecommunication facility.
Any immobile antenna (including panels and directional antennas) attached to a structure, such as a structure façade or a water tower, or mounted upon a roof.
Substantial change.
Refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the baseline conditions for the wireless telecommunication tower or base station.
Transmission equipment.
Equipment that facilitates transmission of any FCC-licensed or authorized wireless service. It includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.
Visual impact.
An adverse effect on the visual and/or aesthetic environment. This may derive from blocking of a view, or introduction of elements that are incompatible with the scale, texture, form or color of the existing natural or human-made landscape, including the existing character surrounding the proposed wireless telecommunication facility site.
Wireless telecommunication (or telecommunications) facility.
A facility, including all associated equipment, which supports the transmission and/or receipt of electromagnetic/radio signals. Wireless telecommunication facilities include cellular radiotelephone service facilities, personal communications service facilities (including wireless Internet), specialized mobile radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting the equipment, equipment structures, parking area, and other accessory development.
Wireless telecommunication tower (cell tower/tower).
Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities. It includes, but is not limited to, masts, poles, monopoles, guyed towers, lattice towers, and freestanding towers.
(Ord. 1976 § 2, 2019)
The following wireless telecommunication facilities are exempt from the permit requirements of this chapter. Each wireless telecommunication facility shall comply with all applicable requirements of State and Federal law.
A. 
Replacement or modification of a previously permitted facility or equipment determined by the Director to be of a minor nature that does not increase the number or height of antennas or significantly change or enlarge the related equipment at the site.
B. 
An antenna that is one meter or less in diameter or diagonal measurement located in a residential zone, that is designed:
1. 
To receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or
2. 
For subscribing to a multipoint distribution service.
C. 
A satellite earth station (SES) antenna of two meters or less in diameter or diagonal measurement, located in a nonresidential zone, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas may require a Building Permit and approval of the placement by the Director to ensure safety, and to avoid tripping hazards and the creation of an attractive nuisance, shall be placed whenever possible, on the top of structures as far from the edge of rooftops as possible.
D. 
Wireless telecommunication facilities and/or components of these facilities to be used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g., County 911 emergency services, sheriff, and/or fire department, first responder medical services, hospitals), are exempt from the provisions of this chapter.
E. 
Temporary mobile wireless services, including mobile wireless telecommunication facilities and services providing public information coverage of news events, of less than two weeks in duration.
F. 
The co-location of a new antenna to an existing approved support structure, or the replacement of an existing approved support structure in order to co-locate a new antenna, without an increase in height.
G. 
Small scale, low powered, short-range wireless Internet transmitter/receivers (e.g., "Wi-Fi hotspots").
H. 
A ground-or structure-mounted receive-only radio or television antenna which does not exceed the height requirements of the zone in which it is located, or television dish antenna which does not exceed three feet in diameter if located on a residential parcel.
I. 
Distributed Antenna System (DAS)/small cell sites or microcell sites in the public right-of-way (ROW) are subject to the execution of a master lease or development agreement between the County and the criteria that includes all of the siting and design requirements that would typically occur in the planning review process and project implementation through an encroachment permit process.
J. 
Hand held devices (i.e., cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers), and similar devices.
K. 
Any modification or maintenance activities carried out as part of the routine operation of wireless telecommunication facilities that do not result in substantial change (Section 18.68.090 Modification Constituting a "Substantial Change").
L. 
Any other facilities that are exempt from County approval by State or Federal statute.
(Ord. 1976 § 2, 2019)
No wireless telecommunication facility except those designated in Section 18.68.040 (Exemptions) shall be installed, erected, or modified in the County without the approval of either a Conditional Use Permit, Administrative Permit, or Zoning Clearance.
A. 
Conditional Use Permit. A Conditional Use Permit approval is required for all new wireless telecommunication facilities and wireless telecommunication towers that exceed 100 or more feet in height subject to this chapter.
B. 
Administrative Permit. An Administrative Permit is required for the extension of an existing wireless telecommunication facility and if the existing wireless telecommunications tower will be 100 feet or less in height.
C. 
Zoning Clearance. A Zoning Clearance is required for co-location on an existing wireless telecommunication tower or facility. Multiple service providers may submit one application for all intended co-located facilities. Prior to the approval of a Zoning Clearance the following requirements shall be met for the proposed facility:
1. 
The wireless telecommunications facility shall be consistent with current zoning regulations;
2. 
The wireless telecommunication facility was previously subject to discretionary review; and
3. 
The wireless telecommunications facility was found in compliance with CEQA and NEPA.
D. 
Conditions. In approving a permit application, the appropriate County Review Authority may impose conditions as it deems reasonable, necessary, and appropriate to further the purposes of this chapter, including, but not limited to, redesign or relocation of the proposed facility and resubmit a revised proposal for further consideration.
(Ord. 1976 § 2, 2019)
No wireless telecommunication facility except those designated in Section 18.68.040 (Exemptions) shall be installed, erected, or modified in the County without the approval of either a Conditional Use Permit, Administrative Permit, or Zoning Clearance.
A. 
Requirements. In addition to the information required for a Conditional Use Permit, Administrative Permit, and Zoning Clearance application in Article 6 (Permit Processing Procedures) the application for a wireless telecommunication facility shall also include all of the following:
1. 
Boundary Map. A map with locations and boundaries of the coverage areas and a search ring analysis for all the applicant's tower sites: existing, approved but not yet constructed, applications submitted but not yet approved, and potential future sites. The Boundary Map shall also include the following:
a. 
Indicate any existing communication towers within a four-mile radius of the proposed site(s), the operators of each tower, the tower heights, and attempts to co-locate.
b. 
Identify any private airstrip, aerial crop spraying operation or public airport within a four-mile radius of the proposed site(s).
2. 
Site Specific Map. The applicant shall submit a detailed map for each proposed site coverage area including the following:
a. 
Identify all structures, roads, highways, canals, and residences.
b. 
Identify all feasible tower locations within each coverage area.
3. 
Gap Analysis. The applicant shall provide an analysis of existing significant gaps in the service providers network and how the proposed wireless telecommunication facility would eliminate or substantially reduce the gap in coverage.
4. 
Parcel Specific Information. The applicant shall provide copies of any land use easements or lease restrictions which would prohibit co-location (on existing wireless telecommunication facility) or share locations (next to an existing wireless telecommunication facility) by other service providers.
5. 
Explanation of Technology. The applicant shall provide a brief explanation of the type of technology to be used and types of services to be provided by each wireless telecommunication facility site/installation.
6. 
Health Certification. The applicant shall supply certification acceptable to the Director for the proposed facility and shall comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation.
7. 
Co-Location. All new towers shall allow for co-location of public safety transmission equipment when feasible.
B. 
Communications Consultant May Be Required. In the event the County needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be required to determine the engineering or screening requirements of a specific wireless communications facility. The applicant shall agree to fully reimburse the County for the consultant's services.
C. 
Information Required Prior to Issuance of Building Permits. The applicant shall provide the County the following items prior to the issuance of a Building Permit:
1. 
An acceptable type of financial security (i.e., a letter of credit), to ensure that the approved facility is properly maintained and to guarantee that the facility is dismantled and removed if non-operative or abandoned for a minimum two-year period or upon expiration of the permit from the County;
2. 
A proposed wireless telecommunication tower lighting plan; and
3. 
At least two letters of intent, where more than one carrier are proposed per tower, demonstrating an immediate need for the wireless telecommunications tower location.
(Ord. 1976 § 2, 2019)
A. 
Co-Location Required. A new wireless telecommunication facility shall be co-located with existing facilities and with other planned new facilities whenever feasible, and whenever determined by the Review Authority to be aesthetically desirable. A service provider shall co-locate a new wireless telecommunication facility with non-communications utility facilities through a structure-mounted approach (e.g., light poles, water tanks, silos, roadway overpasses, other utility structures) where the Review Authority determines that this co-location will minimize the overall visual impact. Any new wireless telecommunication facility shall be evaluated and available for and capable of supporting future co-located antennas.
1. 
A service provider shall exhaust all reasonable measures to co-locate their wireless telecommunications facilities on existing towers or with or within existing ancillary support equipment facilities before applying for a new wireless telecommunication facility site.
2. 
Each service provider shall provide the County with evidence that they have contacted all other po-tential providers who have, or who are reasonably likely to be installing facilities within the vicinity of the proposed facility and have offered to participate in a joint installation project on reasonable terms.
3. 
In order to facilitate co-location, Administrative Permit and Conditional Use Permit conditions of approval for a new facility shall require each service provider to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where determined by the review authority to be feasible and aesthetically desirable.
B. 
County-Owned Property. A wireless telecommunication facility shall not adversely affect the public health, peace, safety, or welfare. In order to best benefit the citizens of the County from this necessary County impact, the Commission shall always consider County-owned sites as the highest priority for the location of wireless telecommunication facilities.
C. 
Additional Location Preferences. Whenever feasible, locate new wireless telecommunication facilities in industrial and commercial areas. New wireless telecommunication facilities may be located in agricultural and open space areas only if other sites are not available or feasible.
D. 
Wireless Telecommunication Facilities in Agricultural Areas. If wireless telecommunication facilities are located in agricultural areas, preference is on dry pasture or rangeland to prevent conflict with aerial spraying of intensely cultivated farmland. If locations in cultivated areas are unavoidable, locate towers or antenna near or on other structures or along major roadways, preferable locating towers on the same side of the road (for aerial sprayer safety).
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
A. 
Facility Placement in Commercial Zones. A wireless telecommunication tower located within a commercial zone shall be separated by a minimum distance of 500 feet from any other wireless telecommunication tower, and there shall be no more than two towers on a single parcel, unless the towers are located on a publicly-owned facility.
B. 
Height Limitations. The height of a wireless telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the point of the highest antenna or piece of attached equipment. All wireless telecommunications facilities shall be subject to the height requirements of the designated zone in which the facility is located.
C. 
Colors and Materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a non-reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna's background color.
D. 
Stealth Features. When determined to be appropriate by the applicable Review Authority, wireless telecommunications facilities shall incorporate stealth features or technologies to blend the tower into its natural surroundings. This is typically achieved through camouflaging the tower to look like trees or other similar natural-looking features in the vicinity.
E. 
Screening, Landscaping. All ground-mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation. Ground mounted facilities shall be located within structures, underground, or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the Review Authority. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.
F. 
Additional Screening and Landscaping. As part of project review, the Review Authority may require additional screening and/or landscaping, under-grounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to the public rights-of-way.
G. 
Lighting. All wireless telecommunication towers shall be lighted, with lighting hooded/shielded and directed downward away from adjoining properties and the public rights-of-way. No blinking or flashing lights shall be allowed unless required by a public agency.
H. 
Power Lines. The provision of power to and within a communication facility site shall be installed underground, unless, in the determination of the Review Authority, conditions on the site render undergrounding infeasible.
I. 
Signage. No advertising signs or logos other than a maximum three-square foot nameplate shall be allowed on a tower and related facilities.
J. 
Backup Power Supplies. A backup power supply (i.e., generator) and fuel storage tanks to support backup power supplies shall be enclosed within a structure and screened to the satisfaction of the Director.
K. 
Guy Wires. No guy wires shall be allowed for towers below 200 feet in height unless it can be demonstrated that they are required for structural support and no other alternative designs are feasible.
(Ord. 1976 § 2, 2019)
The following definition of "substantial change" shall refer to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the baseline conditions for the wireless telecommunication tower or base station that would have any of the effects described below:
A. 
Wireless Telecommunication Tower.
1. 
Height. The proposed co-location or modification would increase the height by more than 10 percent or 10 feet above the originally-approved height (whichever is greater); and/or
2. 
Width. The proposed co-location or modification would protrude from the edge of the originally approved structure by more than six feet.
B. 
Wireless Telecommunication Base Station.
1. 
Height. The proposed co-location or modification would increase the height of the base station by more than 10 percent or 10 feet above the originally approved height (whichever is greater); and/or
2. 
Width. The proposed co-location or modification would protrude from the edge of the originally approved base station structure by more than six feet.
C. 
Additional Equipment Cabinets. The proposed co-location or modification would involve adding additional equipment cabinets, but in no case shall the wireless telecommunication facility exceed four cabinets.
D. 
Work Outside Existing Boundaries. A proposal that includes excavation or development of equipment outside the wireless telecommunication facility's originally approved boundaries.
E. 
Change in Approved Appearance. A proposal to alter or expand the exterior of any wireless telecommunication facility or base station.
F. 
Violation of Condition of Approval. The proposed co-location or modification would violate an existing condition of approval.
G. 
Site Alterations. A proposal that would alter required access, parking, or landscaping.
H. 
Replacement of Facility. A proposal to replace the wireless telecommunication tower or foundation.
(Ord. 1976 § 2, 2019)
A. 
Contact and Site Information. The owner or operator of any wireless facility shall submit and maintain current at all times basic contact and site information. The owner or operator shall notify the County of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. At a minimum this information shall include all the following:
1. 
Name, address, telephone number, and legal status of the owner of the facility, including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;
2. 
Name, address, and telephone number of a local contact person for emergencies;
3. 
Type of service provided; and
4. 
Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.
B. 
Facility Maintenance. All wireless telecommunication facilities and related equipment, including lighting, fences, shields, cabinets, yards, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.
C. 
Landscaping Maintenance. All trees, foliage, and other landscaping elements on a wireless telecommunication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall require approval by the Director. The Review Authority may also require a landscape maintenance agreement.
D. 
Noise. Each wireless telecommunication facility shall be operated so as to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. At no time shall equipment noise from any source exceed the noise standards in Chapter 10.60 (Noise Control) in the Merced County Code.
E. 
Site Inspection Required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this section.
F. 
Exterior Lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable Federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated, and off-site glare is fully controlled. Light fixtures shall be low wattage, hooded, and directed downward from adjoining properties.
(Ord. 1976 § 2, 2019)
All equipment associated with a wireless telecommunication facility shall be removed from the site within 30 days of the discontinuance of the use and the site shall be restored to its original pre-construction condition or better, subject to the approval of the Director. The service provider shall provide the County with a notice of intent to vacate a site a minimum of 30 days before site vacation. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment.
(Ord. 1976 § 2, 2019)