Lawndale City Zoning Code
CHAPTER 17
98 WIRELESS COMMUNICATIONS FACILITIES
§ 17.98.010 Definitions.
A facility for amateur radio communications that includes non-commercial antennas operated by a federally licensed amateur radio operator.
A device used in communications that transmits and/or receives radio, satellite or television signals, including, but not limited to, dish, panel parabolic, antenna panels and whip antennas.
Several antennas connected and arranged in a regular structure to form a single antenna and installed by a single carrier, provider or business.
A two-way voice communication service that does not require a license from the Federal Communications Commission (FCC).
The locating of multiple antennas, by different carriers, on a single ground-mounted, roof-mounted, or structure-mounted facility.
A public or private structure that supports antennas, microwave dishes, and other related equipment for sending and/or receiving radio and television signals. These facilities may support a variety of services, including: cellular telephone, personal communication services (PCS) and other networks, paging, dispatching enhanced specialized mobile radio, distributed antennas system (DAS), television, radio, internet or broadband services, and all other wireless communications, except for satellite earth station antennas, amateur (ham) radio communication facilities, and citizen band radio antennas which are incidental to the primary use and meet the standards in Section 17.98.080 (Satellite antennas, amateur radio communication facilities, and citizen band (CB) radio antennas).
The room, cabinet or building used to house equipment, cabling or other devices related to or associated with an antenna(s) or communication facility.
Mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purposes of supporting antennas and/or microwave dishes.
A structure composed of a single pole or spire used to support antennas and/or related equipment.
An emission of antennas caused by the movement of electromagnetic energy through space, which typically lies in the frequency range form three kilohertz to three hundred gigahertz. This term is also used interchangeably with electromagnetic fields (EMF).
Camouflaged or designed to blend with the surrounding environment and land uses, minimize aesthetic impact on adjacent uses, and conceal the intended use and appearance of the structures. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with an existing structure. Also known as concealed communications facilities.
Mounted to, or as part of, a structure (e.g., a building, church steeple, freestanding sign, water tank, etc.).
A structure intended to support equipment used to transmit and/or receive signals including monopoles, guyed and lattice construction steel structures.
(Ord. 1076-12 § 1)
§ 17.98.020 Purpose and intent.
A.
These provisions are intended to establish criteria for the siting, design, modifications and maintenance of antennas including communications facilities within the city as specifically set forth in this chapter and in standards that may be enacted by resolution pursuant to this chapter.
B.
These provisions are further intended to implement the land use regulation of communications facilities as permitted pursuant to the 1996 Federal Telecommunications Act. As such, these provisions are not intended to unduly restrict or unreasonably interfere with the development of the competitive wireless communications marketplace within the city.
C.
In the event there is a conflict between this chapter and the general plan, the general plan shall prevail.
D.
The standards and guidelines established for antennas, towers and/or wireless communications facilities in this chapter are intended to promote the following goals:
1.
Ensure the health, safety and general welfare of the community while enabling the installation of antennas to serve the city's residents and business community.
2.
Ensure a communications network that will serve an effective role in the city's emergency response system and provide service coverage for personal wireless communications services.
3.
Protect the visual character of the city through careful design, siting, landscaping, and innovative camouflaging techniques for antennas.
4.
Balance the protection of the city's visual character with the additional values of maintaining a robust wireless network through the reasonable application of design, siting, landscaping, and camouflaging techniques when deemed necessary.
5.
Encourage the installation of new towers and antennas in the commercial, industrial and residential parking zones.
6.
Limit the proliferation of new towers by permitting the construction of new towers only after all other reasonable opportunities have been exhausted and to encourage the co-location of antennas so as to minimize adverse visual impacts.
7.
Provide for the reasonable, balanced, and uniform application of standards and guidelines for the siting, design, modification and maintenance of communications facilities as allowed under state and federal law including the 1996 Telecommunications Act, as may be amended.
(Ord. 1076-12 § 1)
§ 17.98.030 Exempt antennas.
A.
The following types of noncommercial, receive-only antennas shall be exempt from the requirements of this section:
2.
As long as exempted by federal law, satellite earth stations antennas, which are designed to receive broadcast signals directly from orbiting satellites, are exempt from this section as follows unless otherwise stated herein:
a.
In residential zoning districts, satellite earth stations antennas that are one meter or less in diameter.
b.
In commercial and industrial zoning districts, satellite earth stations antennas that are two meters or less in diameter.
c.
When technically feasible, exempt satellite earth stations antennas shall not be placed in a front yard area, at the front of the building or home which the antenna serves, or in any other location visible from the public right-of-way.
B.
This chapter shall not apply to the following devices:
1.
Wi-Fi. Personal, professional or commercial wireless access points, including wireless fidelity ("wi-fi") routers, fully contained within a structure or building and not visible from the public right-of-way or nearby properties.
2.
Smart Meters. Smart electronic meters used by some companies, including utility companies, and which are not visibly obtrusive.
(Ord. 1076-12 § 1)
§ 17.98.040 Approval requirements.
A.
Exempt antennas shall not require city review/approval.
B.
Two-tier approval process for all antennas including wireless communications facilities.
1.
Antennas Subject to an Administrative Review. Antennas that meet all of the following criteria shall be subject to an administrative review in compliance with subsection C.
a.
Antennas not located within a residential zoning district, nor within one hundred feet of residentially zoned property (measured from antenna to residential property line), nor on a property used for residential purposes or an approved mixed use project.
b.
Antennas not located in an institutional zoning district.
c.
Antennas not requiring the construction of a tower or other supporting structure.
d.
Antennas or communications facilities incorporating a stealth design in which antennas are:
e.
Antennas that comply with all applicable development criteria and performance standards contained in this chapter, other applicable sections of the Lawndale Municipal Code and any applicable specific plans or redevelopment plans.
f.
All related equipment, including shelters, vaults, storage sheds or buildings, fencing or other associated devices are underground or otherwise not visible from nearby properties or the public right-of-way.
2.
Antennas Requiring a Special Use Permit. Antennas that are not exempt or do not meet the criteria of subsection (B)(1) shall be subject to a special use permit in compliance with standards herein and Chapter 17.28 of this code. Reasonable conditions may be imposed to protect nearby properties and the public health, safety, and general welfare. Reasonable conditions shall include, but not be limited to, requiring the construction of walls, fencing, screening, warning signs, maintenance, as well as the imposition of other conditions. The denial of a special use permit sought pursuant to this chapter, shall be in writing, citing to substantial evidence.
C.
Administrative Review.
1.
Findings Required for Approval. To approve or conditionally approve an application for administrative review, the community development director must make all the following findings:
a.
That the proposed site plan, height and design features, including, but not limited to, stealthing or camouflaging, will integrate harmoniously with the character and design of the immediate neighborhood, including proposed and existing developments and the surrounding area;
b.
That alternative configurations, design or location will not increase community compatibility or are not reasonably foreseeable; and
c.
That the proposal reflects due consideration of a total site design program which reflects quality contemporary design practices; and
d.
That the site plan, height and design of structures, towers, antennas, communications facilities, equipment shelters, buildings, parking areas, landscaping, illumination and other design features demonstrate that proper consideration has been given to both the functional aspects of the site development and the visual effects as seen from public spaces; and
e.
The proposal complies with all laws, regulations or codes including the Lawndale Municipal Code.
2.
Review Fee. An application for administrative review shall not be deemed complete until the applicant has paid the administrative review fee as such fee is established by resolution of the city council.
3.
Denial of an Application. A denial of an application for administrative review by the community development director shall be in writing, supported by substantial evidence contained in a written record.
4.
Revocation of Approval. Any administrative review approval may be revoked for failure to comply with any imposed conditions, the Lawndale Municipal Code, any city standard, or any applicable code, regulation or law. Said revocation shall be preceded by notice and a reasonable opportunity to cure. The decision of the community development director to revoke an approval shall be final unless appealed to the planning commission within fifteen calendar days after the date of such decision in accordance with the Chapter 17.12 of the Lawndale Municipal Code.
5.
Administration of Administrative Review. The issuance of a building permit shall be subject to the receipt of site plan and administrative review approval. Changes to a project or proposal shall be governed by Chapter 17.25 of this title. If there is substantial change from the original site and design plans, the project shall be resubmitted to the community development director.
(Ord. 1076-12 § 1)
§ 17.98.050 General standards.
General Standards. Table 17.98.050 identifies the development standards applicable to antennas including communications facilities located in the city. Chapter 17.32 of the Lawndale Municipal Code shall govern zoning of all property including the right-of-way.
TABLE 17.98.050 | |||
|---|---|---|---|
Development Standards | Zoning District | ||
Residential and Open Space | Commercial, Industrial, Residential Parking | Institutional | |
Distance from Property Line | 10 feet | 5 feet | 5 feet |
Distance from Other Structures | 6 feet | 0 feet | 0 feet |
Minimum Screening Height for Equipment Shelter or Similar Ground-Mounted Devices | 6 feet | 6 feet | 6 feet |
Allowable Setback Location | Rear setback or any setback in open space | Rear or side setback | Rear or side setback |
Maximum Height | 30 feet unless attached to an existing permitted structure | 60 feet unless attached to an existing permitted building, then the maximum height allowed shall be no more than 10 feet above the ridgeline of said structure if fully stealthed | 50 feet unless attached to an existing permitted building, then the maximum height allowed shall be no more than 10 feet above the ridgeline of said structure if fully stealthed |
Maximum Number of Antennas or Antenna Arrays per Parcel (including exempt antennas)a | 2 | 3 | 2 |
Roof-Mounted Antennas Allowed | Prohibited without an exception granted pursuant to Section 17.98.090 and any applicable permit | If mounted on portion of roof with parapets or other screening that matches architectural features of structure | If mounted on portion of roof with parapets or other screening that matches architectural features of structure |
Wireless Communications Facilitiesb | Prohibited without an exception granted pursuant to Section 17.98.090 and a special use permit and any other applicable permit | Special use permit or administrative approval as required by Section 17.98.040 | Special use permit as required by Section 17.98.040 |
Maximum Number of Freestanding Towersc | 0 | 1 | 1 |
Notes: | |
|---|---|
a | |
b | All wireless communications facilities shall comply with the minimum setbacks required for the applicable zoning district unless fully stealthed and attached to or on an existing legally permitted structure. |
c | Freestanding towers shall be five hundred feet from any another freestanding tower. Additionally, all towers shall be a distance equal to its height or greater, from any school, or residentially zoned property. |
(Ord. 1076-12 § 1)
§ 17.98.060 Development standards.
The following regulations shall apply to the establishment, installation, and maintenance of antennas including wireless communications facilities in all zoning districts:
A.
Compliance with Building and Electrical Codes. Antennas shall be installed and maintained in compliance with the requirements of the city's building code and electrical code. Antenna installers shall obtain a building permit and an electrical permit before installation.
B.
Advertising Prohibited. Advertising shall not be allowed on wireless communications facilities, antennas, or equipment shelters.
C.
Traffic Signals. Antennas shall not be permitted to be installed on traffic signals within the city.
D.
Undergrounding. Electrical wiring associated with an antenna shall be buried underground or hidden in a manner acceptable to the community development director or designee. To the extent technologically feasible, all vaults, equipment, shelters, structures, or any other device related to or required for use of an antenna, related structure or wireless communications facility shall be underground in the right-of-way and where all other utilities are required to be underground.
E.
Microwave Dishes. Where use of underground lines is infeasible, microwave dishes up to twenty-six inches may be permitted. Said dishes shall be stealthed so as not to be visible from the right-of-way or adjacent property.
F.
Noise. No equipment shall be operated so as to increase the noise in the vicinity of the equipment in excess of five decibels, other than in emergency situations requiring the use of a backup generator or monthly testing of said generator if the testing lasts no longer than fifteen minutes. In all emergency situations, the city shall be immediately notified of the use of a backup generator and, on the next city business day, the operator shall secure all required permits and approvals necessary for the operation of the generator.
G.
Projections and Anchoring in Setback Areas. No antenna array may extend beyond any property lines or into a front setback area. Guy wires may not be anchored within a front setback area. No guy wires shall be utilized in the public right-of-way unless alternate designs are infeasible.
H.
Design Considerations. The antenna, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Cellular, PCS, and other communications facilities shall be designed to be compatible with the surrounding physical environment by blending with the existing architecture and landscaping and by being as unobtrusive as possible.
I.
Specific Plans. All antennas shall comply with any applicable and adopted specific plan.
J.
Equipment Shelter and Landscaping. All ground mounted equipment shelters shall be screened by walls, fences, trellises or landscaping at least six feet in height so as to completely screen, camouflage and/or obscure visibility of the equipment shelter or any other ground mounted equipment, from public view. The equipment shelter shall be designed so as to be harmonious with and blend with the natural features, and be compatible with buildings and structures surrounding such structure. In addition and when applicable, landscaping shall be of a type and variety, and installed at sufficient size, to be capable of growing within one year to a landscape screen which obscures the visibility or camouflages the equipment shelter or antenna as appropriate. Irrigation shall also be installed when needed to maintain landscaping. No chain link fence shall be permitted.
K.
Aesthetically Compatible. All antennas and associated equipment shall be stealthed and aesthetically compatible with surrounding uses and shall be designed and/or located so as to avoid any adverse aesthetic impacts arising from the proposed use. The antennas, supporting structure and equipment shall be a color that blends the antennas to the natural setting and built environment and helps camouflage the antennas.
L.
Electrical Requirements. Every antenna shall be grounded with an adequate ground wire for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors shall be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.
M.
RF Performance Certification. For the sole purpose of demonstrating compliance with federal guidelines, for all wireless communications facilities, a certification shall be required to be submitted to the community development director, in accordance with the requirements of Section 17.98.070(A)(2), within forty-five days after the start of operations at the site at said operator's cost, which provides that said facilities radio frequency emission levels meet Federal Communications Commission (FCC) requirements. Said certification shall also be required when a wireless communications facility is altered in a manner in which the frequency or power is changed or any other alteration that affects the amount of radio frequency emissions. Under such circumstances, a certification is required forty-five days after start of operation of the altered facility.
N.
Modifications. In the event the owner of any antenna seeks to modify an approved device, it shall seek the approval from the city prior to making any alterations.
O.
Terms of Lease Agreements. Co-location of cellular, PCS, and other wireless communications facilities shall be encouraged. Lease agreements shall not include exclusive rights that would prohibit co-location where it is technically feasible.
P.
Back-Up Power. All wireless communications facilities shall include ports for the connection and use of a back-up generator to be utilized in the event of a power outage.
Q.
Signage. All signs posted at the site of a wireless communications facility, including those signs warning of potential health hazards, shall be posted in both Spanish and English. For all wireless communications facilities installed on roof-tops, said signage shall be located in all areas appropriate including the entry corridors to the roof.
R.
Maintenance. No antenna, equipment shelter, tower or related structure or device shall be permitted to fall into disrepair or maintained in a manner that is unsightly or interferes with the reasonable enjoyment of adjacent property owners. All said structures and devices shall be continually maintained to prevent rust, chipped or peeling paint.
(Ord. 1076-12 § 1)
§ 17.98.070 Review and approval process.
A.
Application Requirements for Administrative Review.
1.
Site Plan. A site plan shall consist of elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, method of screening, and color photo simulations showing the before and after effects of the proposed facility on the subject site. Existing poles, towers, and/or antennas shall also be shown. No plans shall include depictions of future antennas, nor shall future antennas be approved.
2.
RF Emissions Report. The report shall be signed by a radio frequency engineer and prepared pursuant to applicable Federal Communications Commission, guidelines or regulations, stating the maximum predicted and/or actual radiation (EMF/RF) to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The report shall take into account all other facilities within fifty feet, both existing and known future facilities, the cumulative effects of colocated facilities and existing nearby buildings and structures and shall be written in plain English. This report shall be available to the public.
3.
Property Owner Approvals. Where the communications facility is located on property owned by someone other than the applicant, the applicant shall present documentation that the owner of the property has granted an easement or entered into a long-term lease for the proposed facility which provides vehicular or other necessary access to the facility. A letter of intent or affidavit, in a form approved by the city attorney, or a copy of the redacted lease between the facility owner and the property owner, shall be submitted to meet the requirement of this subsection.
4.
Code Compliance. No antenna shall be installed until such time as the property is brought into compliance with the Lawndale Municipal Code. Legal non-conforming structures and uses shall not be required to be brought in compliance.
5.
Wind Load Analysis. Analysis of the wind loads shall be required, as governed by the 2010 California Building Code, Chapter 16, including Section 1609. Based on the results of the analysis, the building official may impose additional conditions to address safety concerns.
6.
Performance Bond. A faithful performance bond shall be required to ensure the removal of abandoned antenna facilities before the issuance of building permits.
7.
Applications. The applicant shall submit all other information and documents required by the city's application for antennas. In addition, the applicant shall submit a business license application or application for encroachment permit when applicable.
B.
Application Requirements for Special Use Permit.
2.
Applicants shall be required to comply with Chapter 17.28 (Special Use Permits). Any decision to deny a request to place, construct or modify a communications facility shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the planning commission.
3.
Applicants shall also be required to comply with the following:
a.
Radius Map. A radius map and a certified list of the names and addresses of all property owners within five hundred feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor.
b.
Service Maps and Significant Gaps. Each applicant shall provide a map showing the area within the city that will be serviced by the proposed communications facility and a statement as to the nature of the service to be provided. In the event that the applicant seeks to fill a gap in service, the applicant shall submit a statement in writing providing a definition of the term "significant gap" as it applies to the proposed facility; identifying the size of the area, in units of square miles of the claimed significant gap; a map with the geographic boundary of the claimed significant gap area; and a map showing all of applicant's existing communications facilities in the city within a reasonable distance of the claimed significant gap.
c.
Alternative Site Analysis. Any applicant seeking to install a new communications facility shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co-location. The analysis shall also explain the rationale for selecting the proposed site. For all feasible co-location sites, the applicant shall provide evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility, unless a smaller radius is technological justified by the applicant. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s) as well as response(s), or a statement from the applicant detailing all responses received, shall be included with the application as a means of demonstrating the need for a new freestanding tower.
d.
Preferred Zones. The applicant shall demonstrate, with substantial evidence, that it has exhausted all reasonable efforts to locate a site in the commercial, industrial, or residential parking zones and/or it is not feasible to install the proposed antenna on a site in said zones.
e.
Height Representation. When a new freestanding tower is proposed, a balloon or other physical representation of the maximum height of the proposed wireless communications facility shall be provided at the project location for a minimum of one week prior to any required public hearing for the facility to enable the planning commission to assess the aesthetic impacts of the proposed antenna height on the surrounding land uses and public rights-of-way. This requirement may be waived by the community development director, whenever deemed appropriate.
C.
Costs and Refundable Deposits. Applicant shall bear the reasonable costs associated with the review of any application including the costs incurred as a result of the need to hire an expert or consultant to review the data or information provided by the applicant or any related application, and for the expert or consultant to attend city meetings as determined by the city. At the time the applicant submits its application, it shall also submit an initial refundable deposit in the amount established by the city council by resolution as may be amended from time to time. The deposit shall be used by the city to pay the reasonable costs associated with the expert or consultant review of the application. In the event that the deposit is or will be fully expended by the city, at the direction of the city the applicant shall, within ten business days, deposit additional funds with the city in an amount reasonably estimated by the director of community development. Upon final city action on or withdrawal or termination of the application, any unexpended funds on deposit shall be promptly returned to the applicant by the city. No city construction permit or utility connection authorizations shall be issued by the city for any approved project if the applicant has not fully reimbursed the city for its consultant or expert costs as required herein.
(Ord. 1076-12 § 1)
§ 17.98.080 Satellite antennas, amateur radio communication facilities, and citizen band (CB) radio antennas.
Nonexempt satellite earth stations antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas, shall be located, constructed, installed and maintained in the following manner:
A.
Satellite Earth Stations Antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) as follows:
1.
Antennas shall not be located within required front or side yard setback areas. In addition, no portion of an antenna shall extend beyond the property lines.
2.
The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, shall be compatible with the appearance and character of the surrounding neighborhood.
3.
Electrical and antenna wiring shall be placed underground where technologically feasible.
4.
In residential zoning districts, antennas shall be subject to the following standards:
a.
When not attached to a structure, antennas shall be located only within the rear yard of the site, at least five feet from the rear lot line, and at least fifteen feet from any street side property line;
b.
Dish antennas larger than one meter shall not be placed on or attached to residential structures;
c.
Antennas shall not project or overhang into areas in which antennas are not allowed to locate;
d.
The antennas shall be used for private, noncommercial, purposes only.
5.
In nonresidential zoning districts, antennas may be roof or ground-mounted and shall be screened from view from public rights-of-way.
B.
Single Pole/Tower Amateur Radio Communication Facilities. Single pole/tower amateur radio communication facilities shall be designed, constructed, installed and maintained in the following manner:
1.
The maximum overall height shall not exceed thirty-five feet, measured from finished grade. Antennas exceeding thirty-five feet in height may be approved provided that the antenna is of the retractable variety, that the antenna is retractable to below thirty-five feet, and the applicant executes an agreement, in a form approved by the city attorney, stating that the antenna will only be extended during actual use of the antenna;
2.
Where a parcel has one pole/tower structure greater than forty feet, measured from finished grade, in overall height (including antennas), including one permitted pursuant to subsection (B)(1), only one additional pole/tower structure shall be allowed with an overall height not to exceed thirty-five feet measured from finished grade (including antennas);
3.
The pole/tower and/or antennas may be roof or ground-mounted;
4.
The pole/tower and/or antennas may not be located in any required front or side yard setback areas;
5.
The pole/tower and/or antennas shall be located at least five feet from the rear lot line and at least fifteen feet from any street side property line;
6.
The pole/tower and/or antennas shall not project or overhang into areas in which they are not allowed to locate;
7.
The pole/tower and/or antennas shall be a natural metal finish or painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood;
8.
The pole/tower and/or antennas shall be used for private, noncommercial, purposes only; and
9.
Operators shall comply with all applicable regulations, specifically those regulations related to radio interference with electronic devices as set forth by the Federal Communications Commission (FCC).
C.
Citizen Band (CB) Radio. Citizen band radio antennas shall be designed, constructed, installed and maintained in the following manner except for antennas mounted on vehicles or to hand-held units:
2.
Prohibition of Certain Citizen Band Radios and Activities. It shall be a violation of this chapter to use citizen band radio equipment not authorized by the Federal Communications Commission or to use such equipment in a manner that violates any Federal Communications Commission regulation.
3.
Exempt Stations. A station that is licensed by the Federal Communications Commission pursuant to Section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this chapter. Any citizen's band radio equipment on board a "commercial motor vehicle," as defined in Section 31101 of Title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizens band radio regulations.
(Ord. 1076-12 § 1)
§ 17.98.090 Exceptions.
A.
Criteria for Granting Exceptions.
1.
After a public hearing by the planning commission, an exception may be issued for an antenna if it meets one of the following applicable standards and all of the criteria of subsection (A)(2).
a.
If an antenna is proposed to be located on a property used for residential purposes, the applicant shall demonstrate that the facility and/or antenna will be located and designed as proposed to service the applicant's gap in service and will not be visible from nearby properties or the right-of-way. The applicant shall submit an explanation and supporting engineering data proving that a tower or antenna as proposed is technologically necessary.
b.
If an antenna is proposed to be located within a residential zone, on a property used for a nonresidential purpose, the applicant shall demonstrate that the facility and/or antenna must be located and designed as proposed to service the applicant's network capacity needs and the proposed wireless communications facility is not visible from adjacent properties or the right-of-way.
c.
If seeking an exception from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary and shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height permitted herein. It shall also address whether the additional height would be required if the facility were located at a different site. The purpose of this analysis is to ensure that additional height is permitted only when technologically necessary for the provision of services. In addition, this chapter seeks to encourage co-location and therefore, the planning commission shall consider whether the additional height is necessary for the installation of a co-location.
d.
Locating the antenna in conformance with the specifications of this section would obstruct the antenna's reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant's control.
2.
For an exception to be approved, the planning commission must find all of the following:
a.
The exception would not create a significant visual impact.
b.
Granting the exception shall conform to the spirit and intent of this code.
c.
The exception request is consistent with the city's general plan.
d.
Granting the exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.
B.
Revocation of Exceptions. Any exception may be revoked if the owner fails to comply with the conditions imposed.
(Ord. 1076-12 § 1)
§ 17.98.100 Nonconforming antennas.
A.
Nonconforming Antennas. All antennas, in any zone, lawfully constructed and erected prior to the effective date of the ordinance codified in this chapter, which do not conform to the requirements of the provisions of this chapter for the particular zoning district in which they are located, shall be accepted as nonconforming uses for a period of five years from the date of adoption of the ordinance codified in this chapter. Thereafter, the antennas shall be subject to abatement as set forth below via modification to comply with the standards of this chapter and said modifications shall be subject to review by the community development director, or designee, who shall assess the modification and its compliance with this chapter or any other applicable section of this code. All decisions concerning any modification review conducted by the community development director shall be final, unless appealed to the planning commission within fifteen calendar days after the date of such action. To file an appeal, the owner must deliver a written notice stating the grounds for the appeal to the community development director. The planning commission will hear the appeal utilizing informal evidentiary procedures. The decision of the planning commission may be appealed to the city council in accordance with Chapter 17.12. The decision of the city council shall be final.
Only when modification is insufficient to meet the requirements of this chapter, shall antennas be subject to abatement via relocation or removal and shall be subject to a special use permit or site plan review approval in accordance with this chapter. Any antenna constructed or erected in violation of this chapter or any prior law, ordinance, or regulation shall be subject to immediate abatement.
B.
Notice of Nonconforming Antennas.
1.
Upon the determination of the community development director that the provisions of this chapter apply to a given parcel of land on which an antenna is located, the community development director or designee shall send a notice thereof by United States certified mail, return receipt requested, to the owner thereof as shown on the last equalized assessment roll and shall cause such property to be posted with a similar notice.
2.
The notice provided for in this section shall state that the property and antenna in question is a nonconformity, shall state the date of abatement established in subsection A of this section, and shall state that an administrative hearing before the planning commission may be requested within fifteen days.
C.
Hearing; Decision and Order—Appeal—Recordation of Order.
1.
If requested, within sixty days after the issuance of the notice prescribed in subsection B of this section, the planning commission shall hold an administrative hearing to determine whether the nonconformity should be abated or whether a time extension should be granted as provided in subsection D of this section.
2.
The planning commission shall receive written and oral testimony at such hearing in regard to the abatement.
3.
At the close of the hearing, the planning commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property or antenna can amortize his or her investment in the term for abatement provided in subsection A of this section, and if not, what term for abatement should be provided as specified in subsection D of this section.
4.
The planning commission shall also find and determine whether the structure encompassing the nonconforming use can be used economically in its present condition or can be modified successfully for a purpose permitted in the zoning district in which it is located.
5.
The decision of the planning commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner and/or antenna owner personally or by United States certified mail, return receipt requested, within ten days after the decision is rendered.
6.
The decision of the planning commission may be appealed to the city council.
D.
Extension of Time.
1.
The planning commission, or city council on appeal, shall grant an extension of the time for abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed.
2.
The planning commission or city council on appeal shall consider the following factors, among others, in determining whether to grant an extension of time and the length of the term:
a.
The nature of the use.
b.
The amount of the owner's investment in improvements.
c.
The convertibility of improvements to permitted uses.
d.
The character of the neighborhood.
e.
The detriment, if any, caused to the neighborhood or community by continuance of the nonconforming use.
f.
The amount of time needed to amortize the investment.
E.
Proof of Amortization. The planning commission, or city council on appeal, shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including, but not limited to, the depreciation schedule attached to the owner's latest federal income tax return.
F.
Relocation. Where the planning commission, or city council on appeal, finds that a nonconforming antenna, either in its present condition or as modified, can be used in compliance with the standards set forth in this chapter for the zoning district in which it is located, the nonconforming antenna may be granted an extension sufficient to permit it to relocate on the site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shall such extension be more than two years.
(Ord. 1076-12 § 1)
§ 17.98.110 Abandonment of communications facilities.
A.
When Facility Considered Abandoned. The operator or owner of a communications facility or other antenna shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a consecutive six-month period or a total of twelve months over a consecutive thirty-month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than thirty days following the end of the applicable cessation period.
B.
Removal by Owner/Operator. A written notice of the determination of abandonment shall be sent or delivered to the operator or owner of the facility by the community development department. The operator shall have thirty days to remove the facility or provide the department with evidence that the use has not been discontinued. The community development director shall review the evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required thirty-day period shall be in violation of this section, shall constitute a public nuisance and operators or owners of the facility and the owners of the property shall be jointly subject to penalties for violations under the enforcement and penalty provisions of Chapter 8.24.
C.
Removal by City. In the event that an antenna is not removed within ninety days after the applicable cessation period ends, as described in subsections A and B above, the city may remove the facility and shall bill the antenna owner or property owner for all costs including any administrative and legal costs incurred in connection with said removal. Once all costs have been paid by the owner, any bond posted for removal shall be released. The city does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, nor to bring an action for repayment of costs.
(Ord. 1076-12 § 1)