72 - AMATEUR "HAM" RADIO ANTENNAS
Sections:
The purpose of this part is to assure that amateur "HAM" radio antennas are designed and located in a way that avoids hazards to public health and safety while reasonably accommodating amateur radio communications.
(Ord. No. 246, § 1, 3-24-2009)
A.
Amateur radio antenna. The term "amateur radio antenna" shall mean any antenna, including a whip antenna, which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communication Commission.
B.
Antenna. The term "antenna" shall mean any system of poles, panels, rods, reflecting discs, wires or similar devices for elements for the transmission or reception of electromagnetic signals, including, but not limited to, radio waves and microwaves. An antenna does not include the support structure that the antenna is mounted on.
C.
Antenna array. The term "antenna array" shall mean the arrangement of several antennas connected and organized to form a single antenna, including the antenna boom.
D.
Antenna structure. The term "antenna structure" refers collectively to an antenna array and its supporting mast or tower, if any, including any anchors and guy lines.
E.
Boom. The term "boom" shall mean a long, more or less, horizontal supporting arm or brace used for supporting an antenna.
F.
"HAM." The term "HAM" is a commonly used shorthand expression for amateur radio operators and/or equipment.
G.
Mast. The term "mast" shall mean a pole of wood or metal, or a tower fabricated of metal, used to support an amateur radio antenna and maintain it at the proper elevation.
H.
Satellite dish antenna. The term "satellite dish antenna" shall mean an exterior parabolic antenna mounted on or adjacent to a structure measuring no more than 24 inches in diameter and designed solely for the reception of telecommunication services for use within such structure.
I.
Television broadcast antenna. The term "television broadcast antenna" shall mean an exterior antenna mounted on or adjacent to a structure and designed solely for the reception of television broadcast signals for use within such structure.
J.
Whip antenna. The term "whip antenna" shall mean an antenna consisting of a single, slender, rod-like element, which is supported only at or near its base.
(Ord. No. 246, § 1, 3-24-2009)
Amateur "HAM" radio antenna structures and masts which comply with the development standards specified in Section 18.72.050 of this Chapter are permitted as accessory uses in all zoning districts.
(Ord. No. 246, § 1, 3-24-2009)
A.
The following antennas shall not be subject to the provisions of this Chapter, but shall adhere to all other applicable provisions of this title.
1.
Satellite dish antenna.
2.
Television broadcast antenna, provided that the height of such antenna does not exceed a height of ten feet.
3.
A maximum of two antennas provided that the height of such antennas do not exceed 15 feet if ground mounted or ten feet if roof mounted; that the antennas are not connected or attached to any other antenna; and that the antennas comply with the required setbacks of the zone district.
(Ord. No. 246, § 1, 3-24-2009)
A.
Permitted Height.
1.
The height of any antenna or the combined height of an antenna and antenna structure shall not exceed a maximum height of 35 feet including any extension. If an antenna is installed on the roof of the building, the height of the antenna shall be inclusive of the building height.
B.
Number Permitted.
1.
A maximum of three amateur "HAM" radio antennas may be permitted on each building site, of which only one may be an antenna structure and its antenna array. This number shall be inclusive of any existing amateur "HAM" radio antennas located on the site, but which may not require a permit.
C.
Siting.
1.
The antenna structure shall be located on the building site in a manner which will minimize the extent to which the structure is visible to nearby residents and members of the general public. Antenna structures shall be considered to satisfy this criteria if:
a.
No portion of the antenna structure including antenna array, mast, anchors and guy lines is located within any required setback area;
b.
No portion of the antenna structure or mast is within the front 40 percent of that portion of the building site that abuts a street; and
c.
In the event that the building site abuts two or more streets, the antenna structure or mast is not located within the front 40 percent of the portion of the building site where primary access is provided to the property or within 20 feet of any other abutting street or public right-of-way.
D.
Installation and Maintenance.
1.
All antenna structures shall be installed and maintained in compliance with applicable building standards including any requirements for building permits as determined by the Director of Building and Safety/Public Works.
2.
All antennas and their supporting structures shall be maintained in good condition including repainting when necessary.
3.
All ground-mounted antennas and their supporting structures shall be permanently installed.
4.
The use of highly reflective material shall be prohibited.
E.
Antenna array.
1.
The antenna array including the antenna boom and antenna elements shall conform to the following specifications:
a.
In no instance shall the area of the antenna array (length of antenna boom times the length of the antenna element) exceed five percent of the area of the subject lot upon which the antenna array will be located.
(Ord. No. 246, § 1, 3-24-2009)
A.
The application for an amateur "HAM" radio antenna structure shall be in the form of a land use application and shall be accompanied by the following information:
1.
A letter of intent describing the request for the proposed antenna.
2.
Site plan drawn to scale and dimensioned, showing the proposed location of the antenna structure, including the dimensions of the antenna array.
3.
Manufacturer's specifications of the antenna structure.
4.
Details of footings, guys and braces.
5.
If roof mounted, details of the method of attachment.
6.
Elevations drawn to scale and dimensioned so as to fully describe the proposed structure.
7.
A statement indicating any mitigation measures proposed to minimize any adverse effects of the antenna or antenna structure. Such measures may include screening, painting, increased setbacks from property lines and safety devices.
8.
300-foot radius map together with the mailing list of property owners within 300 feet and two sets of mailing stickers.
B.
Copies of the submitted information shall be referred by the Community Development Director and to the City's Building and Safety/Public Works Department for issuance of a building permit if required.
(Ord. No. 246, § 1, 3-24-2009)
A.
In processing the submitted application, the Community Development Director shall notify, by first-class mail, all those property owners within a 300-foot radius of the subject site of the proposed amateur "HAM" radio antenna structure.
B.
If there are no objections to the proposed amateur "HAM" radio antenna structure based upon health and safety concerns, the Community Development Director shall approve the land use application provided that the proposed structure complies with the standards as set forth by Section 18.72.050.
C.
If there are objections to the proposed amateur "HAM" radio antenna structure based on health and safety concerns, the Community Development Director shall refer the proposed application to the Planning Commission for review and consideration. The Community Development Director shall provide notice, by first-class mail, of the Planning Commission hearing to all property owners within a 300-foot radius of the subject site.
D.
In granting the land use application for the amateur "HAM" radio antenna structure, the Planning Commission shall find that the proposed amateur "HAM" radio antenna complies with the development standards of Section 18.72.050 of this Chapter.
E.
In granting the land use application, the Planning Commission may impose whatever conditions are necessary to accomplish the purposes of this Chapter including stricter requirements than those of Section 18.72.040 if it is determined that such stricter requirements are necessary in order to protect the health and safety of the neighborhood.
(Ord. No. 246, § 1, 3-24-2009)
A.
Any applicant that proposes an amateur "HAM" radio antenna that does not comply with the development standards contained in Section 18.72.050 of this Chapter, shall be entitled to a reasonable accommodation hearing before the Planning Commission through the land use application process. The Planning Commission shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimum practical regulation" required pursuant to Government Code Section 65850.3, as applied to the specific application.
B.
Any applicant may appeal the conditions imposed pursuant to this Chapter or pursuant to Subsection 18.72.070 E. and shall be entitled to a hearing before the City Council, who shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimum practical regulation" required pursuant to Government Code Section 65850.3, as applied to the specific application.
C.
Notice of the public hearing shall be provided by first-class mail to all property owners pursuant of Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).
(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. No. 246, § 1, 3-24-2009)
A.
Amateur "HAM" radio antennas, antenna structures and masts in existence prior to the effective date of this Chapter may continue to be used without complying with the provisions of this Chapter provided they were legally constructed with the proper land use entitlements and/or building permits. Said antennas and structures shall be considered legal non-conforming.
B.
Amateur "HAM" radio antennas, antenna structures and masts that are a legal non-conforming use shall comply with the provisions of Section 18.72.050 to the extent that they are capable of doing so without major modifications.
C.
Existing amateur "HAM" radio antennas, antenna structures and masts may be enlarged, expanded or relocated only if brought into compliance with the provisions of this Chapter.
(Ord. No. 246, § 1, 3-24-2009)
72 - AMATEUR "HAM" RADIO ANTENNAS
Sections:
The purpose of this part is to assure that amateur "HAM" radio antennas are designed and located in a way that avoids hazards to public health and safety while reasonably accommodating amateur radio communications.
(Ord. No. 246, § 1, 3-24-2009)
A.
Amateur radio antenna. The term "amateur radio antenna" shall mean any antenna, including a whip antenna, which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communication Commission.
B.
Antenna. The term "antenna" shall mean any system of poles, panels, rods, reflecting discs, wires or similar devices for elements for the transmission or reception of electromagnetic signals, including, but not limited to, radio waves and microwaves. An antenna does not include the support structure that the antenna is mounted on.
C.
Antenna array. The term "antenna array" shall mean the arrangement of several antennas connected and organized to form a single antenna, including the antenna boom.
D.
Antenna structure. The term "antenna structure" refers collectively to an antenna array and its supporting mast or tower, if any, including any anchors and guy lines.
E.
Boom. The term "boom" shall mean a long, more or less, horizontal supporting arm or brace used for supporting an antenna.
F.
"HAM." The term "HAM" is a commonly used shorthand expression for amateur radio operators and/or equipment.
G.
Mast. The term "mast" shall mean a pole of wood or metal, or a tower fabricated of metal, used to support an amateur radio antenna and maintain it at the proper elevation.
H.
Satellite dish antenna. The term "satellite dish antenna" shall mean an exterior parabolic antenna mounted on or adjacent to a structure measuring no more than 24 inches in diameter and designed solely for the reception of telecommunication services for use within such structure.
I.
Television broadcast antenna. The term "television broadcast antenna" shall mean an exterior antenna mounted on or adjacent to a structure and designed solely for the reception of television broadcast signals for use within such structure.
J.
Whip antenna. The term "whip antenna" shall mean an antenna consisting of a single, slender, rod-like element, which is supported only at or near its base.
(Ord. No. 246, § 1, 3-24-2009)
Amateur "HAM" radio antenna structures and masts which comply with the development standards specified in Section 18.72.050 of this Chapter are permitted as accessory uses in all zoning districts.
(Ord. No. 246, § 1, 3-24-2009)
A.
The following antennas shall not be subject to the provisions of this Chapter, but shall adhere to all other applicable provisions of this title.
1.
Satellite dish antenna.
2.
Television broadcast antenna, provided that the height of such antenna does not exceed a height of ten feet.
3.
A maximum of two antennas provided that the height of such antennas do not exceed 15 feet if ground mounted or ten feet if roof mounted; that the antennas are not connected or attached to any other antenna; and that the antennas comply with the required setbacks of the zone district.
(Ord. No. 246, § 1, 3-24-2009)
A.
Permitted Height.
1.
The height of any antenna or the combined height of an antenna and antenna structure shall not exceed a maximum height of 35 feet including any extension. If an antenna is installed on the roof of the building, the height of the antenna shall be inclusive of the building height.
B.
Number Permitted.
1.
A maximum of three amateur "HAM" radio antennas may be permitted on each building site, of which only one may be an antenna structure and its antenna array. This number shall be inclusive of any existing amateur "HAM" radio antennas located on the site, but which may not require a permit.
C.
Siting.
1.
The antenna structure shall be located on the building site in a manner which will minimize the extent to which the structure is visible to nearby residents and members of the general public. Antenna structures shall be considered to satisfy this criteria if:
a.
No portion of the antenna structure including antenna array, mast, anchors and guy lines is located within any required setback area;
b.
No portion of the antenna structure or mast is within the front 40 percent of that portion of the building site that abuts a street; and
c.
In the event that the building site abuts two or more streets, the antenna structure or mast is not located within the front 40 percent of the portion of the building site where primary access is provided to the property or within 20 feet of any other abutting street or public right-of-way.
D.
Installation and Maintenance.
1.
All antenna structures shall be installed and maintained in compliance with applicable building standards including any requirements for building permits as determined by the Director of Building and Safety/Public Works.
2.
All antennas and their supporting structures shall be maintained in good condition including repainting when necessary.
3.
All ground-mounted antennas and their supporting structures shall be permanently installed.
4.
The use of highly reflective material shall be prohibited.
E.
Antenna array.
1.
The antenna array including the antenna boom and antenna elements shall conform to the following specifications:
a.
In no instance shall the area of the antenna array (length of antenna boom times the length of the antenna element) exceed five percent of the area of the subject lot upon which the antenna array will be located.
(Ord. No. 246, § 1, 3-24-2009)
A.
The application for an amateur "HAM" radio antenna structure shall be in the form of a land use application and shall be accompanied by the following information:
1.
A letter of intent describing the request for the proposed antenna.
2.
Site plan drawn to scale and dimensioned, showing the proposed location of the antenna structure, including the dimensions of the antenna array.
3.
Manufacturer's specifications of the antenna structure.
4.
Details of footings, guys and braces.
5.
If roof mounted, details of the method of attachment.
6.
Elevations drawn to scale and dimensioned so as to fully describe the proposed structure.
7.
A statement indicating any mitigation measures proposed to minimize any adverse effects of the antenna or antenna structure. Such measures may include screening, painting, increased setbacks from property lines and safety devices.
8.
300-foot radius map together with the mailing list of property owners within 300 feet and two sets of mailing stickers.
B.
Copies of the submitted information shall be referred by the Community Development Director and to the City's Building and Safety/Public Works Department for issuance of a building permit if required.
(Ord. No. 246, § 1, 3-24-2009)
A.
In processing the submitted application, the Community Development Director shall notify, by first-class mail, all those property owners within a 300-foot radius of the subject site of the proposed amateur "HAM" radio antenna structure.
B.
If there are no objections to the proposed amateur "HAM" radio antenna structure based upon health and safety concerns, the Community Development Director shall approve the land use application provided that the proposed structure complies with the standards as set forth by Section 18.72.050.
C.
If there are objections to the proposed amateur "HAM" radio antenna structure based on health and safety concerns, the Community Development Director shall refer the proposed application to the Planning Commission for review and consideration. The Community Development Director shall provide notice, by first-class mail, of the Planning Commission hearing to all property owners within a 300-foot radius of the subject site.
D.
In granting the land use application for the amateur "HAM" radio antenna structure, the Planning Commission shall find that the proposed amateur "HAM" radio antenna complies with the development standards of Section 18.72.050 of this Chapter.
E.
In granting the land use application, the Planning Commission may impose whatever conditions are necessary to accomplish the purposes of this Chapter including stricter requirements than those of Section 18.72.040 if it is determined that such stricter requirements are necessary in order to protect the health and safety of the neighborhood.
(Ord. No. 246, § 1, 3-24-2009)
A.
Any applicant that proposes an amateur "HAM" radio antenna that does not comply with the development standards contained in Section 18.72.050 of this Chapter, shall be entitled to a reasonable accommodation hearing before the Planning Commission through the land use application process. The Planning Commission shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimum practical regulation" required pursuant to Government Code Section 65850.3, as applied to the specific application.
B.
Any applicant may appeal the conditions imposed pursuant to this Chapter or pursuant to Subsection 18.72.070 E. and shall be entitled to a hearing before the City Council, who shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimum practical regulation" required pursuant to Government Code Section 65850.3, as applied to the specific application.
C.
Notice of the public hearing shall be provided by first-class mail to all property owners pursuant of Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).
(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. No. 246, § 1, 3-24-2009)
A.
Amateur "HAM" radio antennas, antenna structures and masts in existence prior to the effective date of this Chapter may continue to be used without complying with the provisions of this Chapter provided they were legally constructed with the proper land use entitlements and/or building permits. Said antennas and structures shall be considered legal non-conforming.
B.
Amateur "HAM" radio antennas, antenna structures and masts that are a legal non-conforming use shall comply with the provisions of Section 18.72.050 to the extent that they are capable of doing so without major modifications.
C.
Existing amateur "HAM" radio antennas, antenna structures and masts may be enlarged, expanded or relocated only if brought into compliance with the provisions of this Chapter.
(Ord. No. 246, § 1, 3-24-2009)