For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   MICROWAVE ANTENNA. Any device with a function of receiving or transmitting microwave signals.

   MONO-POLE TOWER. Any tower consisting of a single structural pole on which telecommunication sending or receiving devices are attached.

   RADIO TOWER. Any tower or pole on which devices are located to transmit or receive radio broadcasts.

   SATELLITE DISH. Any device with a primary function of either receiving from or sending a signal directly to a satellite in orbit.

   WIRELESS TELECOMMUNICATIONS EQUIPMENT. Any equipment or device which serves to receive or send signals without the direct use of wires or cables, or to support such equipment or device, including, but not limited to microwave antenna, satellite dishes, television and radio antennae which are larger than two square meters in area. Antennae capable only of receiving UHF or VHF signals are specifically precluded from this definition.

(Ord. 480-C.S., passed 6-3-97)

   The City Council hereby finds that regulations and conditions for the installation of wireless telecommunications equipment is necessary for the following reasons:

   (A)   Towers and mono-poles inadequately installed or located in areas of high concentrations of people may pose a safety threat to the public; and

   (B)   Without appropriate regulatory review, the city has no control over the location of wireless telecommunication equipment to protect the public health, safety and welfare; and

   (C)   Appropriate regulatory review is possible without undue burden on access to telecommunication services.

(Ord. 480-C.S., passed 6-3-97)

   (A)   Front Yard Prohibited. No wireless telecommunication equipment shall be located in the front yard of any residentially zoned parcel in the city; nor shall any telecommunication equipment be located on a building or roof facing on the front yard of a residentially zoned parcel, unless such location is the only feasible location from which signals can be received and a conditional use permit has been first obtained. Satellite dishes and microwave antennae of one meter or less in diameter shall be exempt from the general prohibition and conditional use permit requirement of this section, unless necessary to preserve an historic district listed or eligible for listing in the National Register of Historic Places.

   (B)   Side Yard Prohibited. No wireless telecommunication equipment shall be located in the side yard of any residentially zoned parcel in the city unless said side yard is greater than 4.6 meters in width, inclusive of any driveway located therein, unless such location is the only feasible location from which signals can be received and a conditional use permit has been first obtained. Satellite dishes and microwave antennae of one meter or less in diameter shall be exempt from the general prohibition and conditional use permit requirement of this section, unless necessary to preserve an historic district listed or eligible for listing in the National Register of Historic Places.

   (C)   Rear Yard Restrictions.  

      (1)   Satellite dishes and microwave antennae of one meter or less in diameter measured at its widest point, and one meter or less in height measured from the dish or antenna mid-point to the adjoining grade shall be permitted to be located on the ground not less than a distance equal to the height of the dish or antenna from any property line.

      (2)   Satellite dishes and microwave antennae greater than one meter in diameter measured at its widest point, or more than one meter in height measured from the dish or antenna mid-point to the adjoining grade, shall be permitted to be located on the ground not less than a distance equal to the height of the dish or antennae from any property line, after having first obtained a building and electrical permit from the city and paying a fee therefor.

      (3)   All satellite dishes and microwave antenna greater than one meter in diameter measured at its widest point proposed to be attached to the side or rear of a building or upon the roof of any building, except in the front of the building, shall be required to first apply for and receive approval from the Design Review Commission and obtain a building and electrical permit from the city and paying a fee therefor.

   (D)   No radio tower or mono-pole tower greater than four and one-half meters in height shall be permitted in a residential zone without having first obtained a conditional use permit from the city. The conditional use permit application shall be in accordance with §§ 153.241 through 153.248 of the Municipal Code.

   (E)   Amateur radio towers shall be permitted in the rear yard of residentially zones properties after having obtained a conditional use permit. Amateur radio antenna towers shall be limited to a total height of ten and one-half meters, including any antennae attached thereto, and a maximum width of three meters at any point.

(Ord. 480-C.S., passed 6-3-97)

   Wireless telecommunications equipment is permitted on commercial and manufacturing zoned parcels (C-1, C-3, and M-1) subject to the following conditions:

   (A)   Mono-pole towers and radio towers are permitted in commercial and manufacturing zoned parcels provided the height does not exceed 21 meters above the adjoining grade and a conditional use permit has first been obtained. Any height greater than 21 meters shall require the issuance of a variance.

   (B)   Wireless communications equipment, microwave antennae and satellite dishes greater than two meters in diameter are permitted on the roof of a commercial building in a commercial or manufacturing zone upon payment of a fee established by Council resolution. Unless a conditional use permit is first obtained, the equipment must comply with the following requirements:

      (1)   Wireless communications equipment, microwave antennae and satellite dishes shall not be located closer then three meters to any side of the building, unless attached to the building.

      (2)   Wireless communications equipment, microwave antennae and satellite dishes shall not exceed two and one-half meters in height measured from the top of the nearest exterior parapet wall.

      (3)   The total height of the equipment shall not exceed the maximum height of structures permitted in the commercial and manufacturing zone in which it is located.

      (4)   Wireless communications equipment, microwave antennae and satellite dishes greater than two meters in diameter must be painted a color designed to blend with the background. The proposed color shall be subject to the approval of the Community Development Director, or his designee.

      (5)   The supporting structure of any wireless communications equipment, microwave antennae and satellite dishes greater than two meters in diameter shall be designed with tubular members with no diagonal bracing visible from public view.

   (C)   Wireless communications equipment, microwave antennae and satellite dishes greater than two meters in diameter are permitted on the side of a commercial building in a commercial zone provided a conditional use permit has first been obtained, and design approval has been granted by the Design Review Commission. The following guidelines shall be considered in the review of such applications:

      (1)   The equipment does not protrude into any required setbacks.

      (2)   The equipment is enclosed in a housing which architecturally blends with the existing building.

      (3)   The location is not within a 100 meter radius of another wireless communication equipment.

      (4)   No wireless telecommunication equipment shall be permitted to be located on the ground of any commercial and manufacturing zoned parcels. Satellite dishes and microwave antennae of two meters or less in diameter shall be exempt from the general provisions of this section.

   (D)   Lighting designed to illuminate wireless telecommunications facility or equipment is prohibited.

   (E)   Upon termination of use, the telecommunication equipment, facility or tower must be removed within 30 calendar days of the termination of use.

   (F)   Certification that the wireless communication equipment, facility or tower complies with Federal Communication Commission (FCC) guidelines regarding all health and safety regulations shall be submitted to the city prior to obtaining building permits.

   (G)   Certification that the applicant for wireless telecommunication equipment, facility or tower is authorized to operate such equipment, facility or tower from the California Public Utility Commission (PUC) and the Federal Communication Commission (FCC), if authorization is legally required, shall be presented with any application to the city for such equipment, facility or tower.

(Ord. 480-C.S., passed 6-3-97)

   In addition to the conditions set forth in the aforementioned sections, the following standards shall be considered, and appropriate conditions imposed, by the approving body when conditional use permit is required.

   (A)   Could the tower cause damage to property if felled.

   (B)   Could the tower disrupt travel in a public right-of-way if felled.

   (C)   Does the tower contain sufficient support to meet engineering design standards in effect at the time of installation.

   (E)   Does the tower create an undue negative impact on the visual appearance of the neighborhood.

   (F)   Do the guide wires create a safety concern for adjoining properties or public rights-of-way.

(Ord. 480-C.S., passed 6-3-97)

   All wireless telecommunication equipment, facilities and towers proposed to be located on property owned by any public or private school shall be subject to the requirements of § 153.503 of the Municipal Code.

(Ord. 480-C.S., passed 6-3-97)

   All wireless telecommunication equipment, facilities and towers proposed to be located on any property owned by the city or in any public right-of-way within the city shall first obtain a permit or franchise as provided for herein.

   (A)   An application shall be submitted and fee paid for as set by Council resolution.

   (B)   The Design Review Commission may review, at City Council direction, the proposed plans for the wireless telecommunication equipment, facility or tower for its architectural compatibility and make a recommendation to the City Council.

   (C)   The City Council may approve, approve with conditions, or disapprove any application presented to it and may require a franchise if deemed appropriate. The decision of the Council shall be final.

   (D)   A license fee and/or franchise fee for use of the public property or right-of-way shall be set by the Council

(Ord. 480-C.S., passed 6-3-97)