Inglewood City Zoning Code
ARTICLE 31
ANTENNAS AND WIRELESS TELECOMMUNICATION FACILITY REGULATIONS
§ 12-106 Purpose.
The purpose of these requirements is to regulate the location and design of wireless telecommunication facilities (telecommunication facilities) as defined herein, to facilitate the orderly development of these facilities within the City of Inglewood, and to minimize their visual impact, and to assure their compatibility with adjacent land uses. These requirements are also intended to promote the public health, safety, convenience, and general welfare of the City's residents, and to protect property values and the aesthetic appearance of the City of Inglewood.
(Ord. 11-07 6-14-11)
§ 12-106.1 Applicability.
(A)
This local land use ordinance shall be applicable to the construction and expansion of all telecommunication facilities in the Commercial (C), Manufacturing (M), Civic Center (C-C), Open Space (O-S) and Transportation Corridor (T-C) zones.
(B)
Telecommunication facilities located within the public right-of-way that are governed by Chapter 10 of the Inglewood Municipal Code, shall not be subject to this Section.
(Ord. 11-07 6-14-11)
§ 12-106.2 Exemptions.
The following are exempt from the provisions of this Article:
(A)
Emergency Telecommunication Facility. Temporary communication facilities for public health and safety communications by public safety officials.
(B)
Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC) that comply with the dimensions and location standards specified in Article 1.1 of this Chapter.
(C)
Dish antennas that comply with the dimensions and location standards specified in Article 1.1 for each respective zone.
(D)
Maintenance, repair, or reconstruction of a telecommunication facility and related equipment, provided that there is no change in any dimension of the facility.
(E)
Other Antennas as Accessory Uses. Any other antenna technology that is developed to serve as an accessory use to a residential dwelling.
(F)
One antenna of less than thirty-six inches in height or diameter when intended to provide telecommunication services only to the occupants of the subject site as an accessory use.
(Ord. 11-07 6-14-11)
§ 12-106.3 Review and Approval Authority.
(A)
A new or expanded telecommunication facility located on a C, M, C-C, O-S, or T-C zoned property that does not constitute a minor modification as specified in subsection (C) of this Section or a co-located telecommunication facility that does not meet the requirements of California Government Code Sections 65850.6 shall require a Special Use Permit.
(B)
A co-located telecommunication facility which meets the requirements of California Government Code Sections 65850.6, as amended from time to time, shall not require a Special Use Permit. Site Plan Review requirements may be placed on the approval of the co-location facility which pertain to:
(C)
Minor Alterations to a Telecommunication Facility. Replacement of previously approved antennas affixed to an existing telecommunication facility or repairs to an existing telecommunication facility not subject to Section 12-106.2(D) and that meets the following conditions shall be considered a minor alteration to an existing telecommunication facility. Such a minor alteration shall not require a Special Use Permit, subject to the following requirements and conditions:
(1)
There is an approved Special Use Permit on file with the Planning Division and the existing facility and proposed modifications are in compliance with all specified conditions of approval.
(2)
The modifications are minor, the height of antennas is not increased more than ten percent and not more than the maximum height permitted for the facility, the number of antennas is not increased more than ten percent, and the modifications do not significantly change the appearance of the facility unless the appearance is aesthetically improved as determined by the Planning and Building Director or designee.
(3)
Upon application for a building permit for a minor modification of a telecommunication facility, the Planning and Building Director or designee shall have twenty business days to review the permit and notify the applicant, by mail, of compliance with this subsection or of a requirement for Special Use Permit approval of the modifications by the Planning Commission.
(4)
If the Planning and Building Director or designee determines that the proposed replacement or repair exceeds the scope of this subsection and does not approve the alteration, the applicant may apply for a Special Use Permit in accordance with the telecommunication facilities permit standards contained herein.
(5)
Expiration of Approval. The authority granted by a minor alteration permit shall become null and void unless utilized within one year of the date of such approval. The Planning and Building Director, upon written request, may approve an extension to the time period not exceeding six months beyond the period in the approved the minor alteration permit.
(D)
Temporary telecommunication facilities prohibited. Temporary facilities are not permitted within the City, except to allow for signal strength testing in conjunction with a submitted application or as specified in Section 12-106.2(A).
(Ord. 11-07 6-14-11)
§ 12-106.4 Findings Required for Special Use Permit Approval of Telecommunication Facilities.
In addition to the required findings for a Special Use Permit contained in Section 12-95.3 of the Inglewood Municipal Code, the following findings are required for approval of a Telecommunication Facility Special Use Permit:
(A)
That the proposed facility will be an enhancement to the City due to its ability to provide additional communication service.
(B)
That the proposed facility will be camouflaged and aesthetically integrated into the design and landscaping of its site and surrounding land uses.
(C)
That the proposed facility has been evaluated within the context of the ultimate anticipated network of facilities of both the applicant and other commercial mobile carriers so as to reduce the number of facilities needed to provide expanded service.
(D)
That the proposed facility has been located and designed for co-location to the maximum extent possible.
(E)
That the proposed facility will comply with FCC regulations regarding, interference with the reception or transmission of other wireless service signals within the City and surrounding community.
(F)
That the proposed facility will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations.
(G)
That the proposed facility is necessary in order to assist in filling a gap in telecommunication service in the community.
(Ord. 11-07 6-14-11)
§ 12-106.5 General Development Requirements.
(A)
A telecommunication facility shall comply with each of the following requirements:
(1)
Antennas and appurtenant equipment shall be located in a Commercial (C), Manufacturing (M), Civic Center (C-C), Open Space (O-S), or Transportation Corridor (T-C) Zone. Telecommunication facilities shall be prohibited in all other zones.
(2)
Ground mounted antenna structures shall be set back from residential structures a distance equal to the height of the antenna and shall comply with the setback requirements for the zone in which it is located. Ground mounted facilities approved prior to the adoption of this Article are exempt from this setback requirement. Telecommunication facilities mounted on a lawfully constructed building may observe the same setbacks as the building.
(3)
Antennas or appurtenant equipment shall not be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area, or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such area.
(5)
Height. When pole or pylon-mounted, the antennas and related telecommunication facilities shall not exceed fifteen feet above the maximum height limit of the zone in which such facilities are proposed to be located. When wall or roof-mounted such facilities shall not exceed fifteen feet above the height of the building upon which the facilities are located; except that the Planning Commission may, at its discretion, limit the height of any proposed installation to a lower height.
(6)
Co-location. A new freestanding facility shall be designed for co-location of up to two additional users, unless it is found that current technological requirements preclude co-location.
(7)
Camouflage. Where possible, a facility should be located within an architectural feature, such as a clock tower or cupola before considering construction of a new structure on which to mount equipment. All new freestanding telecommunication facilities shall be fully camouflaged as a flagpole, public art, palm tree, pine tree, other type of vegetation, or other element that is site appropriate and does not draw undue attention to the structure. Exterior finishes for a facility and accessory equipment shall consist of non-reflective material(s) and be painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, structures, and/or landscaping.
(8)
Compatibility. Wall mounted and roof mounted facilities as well as any associated screening, shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached so as to appear as a natural, aesthetically appropriate extension of the building or structure design.
(9)
Antennas on a telecommunication facility shall not extend more than eighteen inches from the mounting structure or wall surface except facilities mounted on monopalms and monopines may extend twenty-four inches where camouflaged by branches that extend past the antennas a minimum of two feet.
(10)
Signs. A sign that is located and sized to be legible from outside the facility boundaries shall be posted with emergency contact information. A facility shall not bear any other signs or advertising devices other than certification, public safety, "No Trespassing," FCC antenna structure signage or other approved warning or notice signs.
(11)
Lighting. Facilities may not be illuminated and shall not display strobe or any other lighting unless such lighting is specifically required by the Federal Aviation Administration or other Federal or state authority for a particular facility, or if required by the Planning Commission for safety reasons. The Planning Commission may specifically approve lighting for a facility if it determines that it would be of aesthetic value or when such lighting is incorporated into the approved design of the telecommunication facility and used to illuminate recreation facilities, parking lots, or similar areas.
(12)
Noise. All noise from telecommunication facilities shall be mitigated to existing ambient levels.
(13)
Parking. A minimum of one parking space shall be made available on site for use by a service technician during non-peak hour site use.
(14)
Testing. In order to assure long-term compliance with conditions of approval under which the telecommunication facility is operating, and that the facility complies with the most current FCC safety standards, the Special Use Permit shall be further conditioned that the city reserves the right to conduct independent tests to verify compliance with current FCC Safety Standards. The operator of the approved telecommunication facility shall be responsible for the full cost of such tests.
(Ord. 11-07 6-14-11)
§ 12-106.6 Development Requirements.
(A)
Ground Mounted Facility.
(1)
A ground mounted facility shall be secured from access by the general public with a minimum six foot high wall or fence enclosure. The use of chain link fencing shall be prohibited for enclosing a ground mounted facility or equipment. A plain wall or wrought iron fence enclosure must be provided with landscape vines to prevent graffiti. If a decorative wall is provided in lieu of a landscaped wall or fence, clear anti-graffiti material shall be applied to all areas subject to possible graffiti.
(2)
A three foot landscaped buffer shall be located and maintained adjacent to the outside of the decorative wall or fence that secures a ground mounted facility. Trees or shrubs that soften the visual impact of a ground mounted facility shall be provided within the landscaped buffer. The landscaping materials shall be of sufficient height and density to screen the facility from any public sidewalk or parkway. In the case of monotrees, natural tree species shall be planted adjacent to and/or around a facility to enhance the camouflaging effect, unless it can be demonstrated that there is not sufficient room for natural trees to be planted and grow.
(3)
In the C-C, T-C, and O-S zones, the maximum height of a ground mounted facility will be at the discretion of the Planning Commission which shall consider the context in which the facility is located and its visual impact and compatibility within the site and adjacent development.
(4)
Monopines. Facilities disguised to resemble pine trees shall comply with the following additional requirements:
(a)
The pole or "trunk" shall be painted and textured to resemble the bark of a pine tree.
(b)
Branches shall be evenly spaced at a density of 2.75 branches per vertical foot of the trunk that is furnished with branches.
(c)
Branches may be up to ten feet in length or less as may be determined by the Planning Commission to resemble a natural pine tree. Branches shall smoothly decrease in length as they approach the top of the monopine to resemble a natural pine tree. Branches shall extend a minimum of two feet beyond antennas as may be determined by the Planning Commission.
(d)
Antennas shall be covered with material to match the "pine needles."
(e)
Monopines shall provide co-location opportunities for two additional carriers in addition to the original carrier.
(f)
Facility branches shall be replaced at a rate of fifty percent every five years or at a rate specified by the Planning and Building Director or designee during Site Plan Review.
(5)
Monopalms. Facilities disguised to resemble palm trees must comply with the following additional requirements:
(a)
The pole or "trunk" should be painted and textured to resemble the bark of a palm tree.
(b)
Each monopalm shall be furnished with a minimum of sixty-eight green fronds as well as a brown frond skirt and a growth pod to hide the connection point and to allow at least one additional carrier to co-locate. The fronds shall project a minimum of eight feet from the support structure and the frond skirt shall be comparable in length to the green fronds.
(c)
Antennas shall be covered with material to match the fronds.
(d)
Facility fronds shall be replaced at a rate of fifty percent every five years or at a rate specified by the Planning and Building Director or designee during Site Plan Review.
(B)
Wall Mounted Facilities.
(1)
A wall mounted facility shall be sited, designed, and screened to blend with the surrounding built environment in order to reduce visual impacts to the maximum extent feasible.
(2)
Antennas shall be enclosed by an existing or new architectural feature so as to be completely screened from view. Any new architectural features will be balanced and appropriately placed on the façade of a structure.
(C)
Roof Mounted Facility. A roof mounted telecommunication facility shall be camouflaged and shall comply with the following:
(1)
Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as possible to minimize visibility from street level. The construction of a roof top parapet wall to hide the facility may be required when deemed appropriate by the Planning Commission and can be designed to complement the building architecture. Any new parapet shall be balanced and appropriately placed on the roof.
(2)
The antennas, equipment cabinet, or structure used in association with antennas mounted on rooftops shall comply with the following:
(a)
Limitation on number. A maximum of two antenna facilities, six feet or more in height above the roof shall be allowed per building. Antennas that are less than six feet in height above the roof are not included in this restriction.
(b)
In the C-C, T-C, and O-S zones, the maximum height of a ground mounted facility will be at the discretion of the Planning Commission which shall consider the context in which the facility is located and its visual impact and compatibility within the site and adjacent development.
(c)
If the accessory equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than fifteen percent of the roof area or three hundred fifty square feet, whichever is less.
(D)
Accessory Equipment. All accessory equipment, or other equipment associated with the operation of the facility, including, but not limited to, transmission cables, shall be located within a building or in an underground vault. The equipment may be located within a minimum six foot high walled enclosure if the applicant can demonstrate satisfactorily to the Planning Commission why equipment cannot be located in a building or in an underground vault.
(1)
The enclosure shall comply with all requirements for the zone in which it is located.
(2)
The design and materials of the enclosure shall be compatible with existing buildings or structures on the subject property or surrounding area. The use of chain link fencing shall be prohibited for enclosing accessory equipment. A plain wall or wrought iron fence enclosure must be provided with landscape vines to prevent graffiti. If a decorative wall is provided in lieu of a plain wall or fence, clear anti-graffiti material shall be applied to all areas subject to possible graffiti.
(3)
A three-foot landscaped buffer shall be located and maintained adjacent to the outside of the decorative wall or fence that secures accessory equipment. Trees or shrubs that soften the visual impact of the equipment shall be provided within the landscaped buffer. The landscaping shall be of sufficient height and density to screen the equipment from any public sidewalk or parkway.
(Ord. 11-07 6-14-11)
§ 12-106.7 Facility Repair and Maintenance.
Telecommunication facilities and related equipment, including lighting, fences, cabinets, poles, screening, and camouflaging materials 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 possible so as to minimize occurrences of dangerous conditions or visual blight. Telecommunication facilities shall be maintained in a manner that complies with all applicable Federal, State and local requirements and in the condition presented to City at the time of initial approval.
(Ord. 11-07 6-14-11)
§ 12-106.8 Discontinued Use and Removal.
(A)
Discontinued Use. Within ten business days of the discontinued use of a lawfully erected telecommunication facility, the owner of the property on which it is located shall notify the Planning and Building Director or designee in writing of the discontinued use. For purposes of this subsection, a discontinued use shall be permanent unless the facility is likely to be operative and used within the immediately following thirty-day period. In the event that the discontinued use is permanent, then the property owner(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within thirty days after the use is discontinued, and shall be performed in accordance with all applicable health and safety requirements.
(B)
Abandonment. A facility that is discontinued, inoperative or unused for a period of six continuous months shall be deemed abandoned. An abandoned facility shall be a nuisance, and subject to abatement for nuisances as specified in Chapter 11 of the Inglewood Municipal Code.
(Ord. 11-07 6-14-11)
§ 12-106.9 Administration and Enforcement.
(A)
The Planning and Building Director or designee shall enforce this Chapter. If the Planning and Building Director or designee finds that any provision of this Chapter has been violated, the Planning and Building Director or designee shall notify in writing the person(s) responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. The Planning and Building Director shall order correction of the violation and may take any other legal action to ensure compliance with this Chapter.
(Ord. 11-07 6-14-11)