(A)   The purpose of these requirements and guidelines is to regulate the location and design of antennas and wireless communications facilities, as defined herein, to facilitate the orderly deployment and development of wireless communications services in the City of Santa Paula, to ensure that the design and location of wireless communications facilities are consistent with policies of the city previously adopted to guide the orderly development of the City of Santa Paula to promote the public health, safety, comfort, convenience, quality of life and general welfare of the city's residents, to protect property values and enhance aesthetic appearance of the city by maintaining architectural and structural integrity, and by protecting views from obtrusive and unsightly accessory uses and facilities.

   (B)   In adopting and implementing the regulatory provisions of this chapter, it is the intent of the Santa Paula City Council to further the objectives specified above, and to create reasonable regulations in conformance with the provisions of the Telecommunication Act of 1996 without unnecessarily burdening the federal interests in ensuring access to telecommunication services, in promoting fair and effective competition among competing communication service providers, and in eliminating local restrictions and regulations that, with regard to antennas, may preclude reception of an acceptable signal quality or may unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such antennas.

   (C)   The Santa Paula City Council has found and determined that these requirements and guidelines for antennas and wireless communications facilities are necessary to attain such purposes.

   (D)   These regulations are intended to supersede any applicable provisions of the Santa Paula Municipal Code pertaining to such antenna structures and appurtenant communication equipment and to establish minimum requirements and flexible guidelines for the governance of antennas and wireless communications facilities, taking into consideration the rapid technological advances and the proliferation in use of radio communication services.

(Ord. 1105, passed 12-6-04)

   Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.

   ACCESSORY BUILDING means a subordinate building located on a building site, the use of which is customarily ancillary to that of a main building or to the use of the land.

   ACCESSORY EQUIPMENT means any equipment installed, mounted, operated or maintained in close proximity to an antenna structure to provide power to the antenna structure or to receive, transmit, or store signals or information received by or sent from an antenna.

   ANTENNA STRUCTURE means an antenna, any structure designed specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna.

   COLOCATION or COLOCATED means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building.

   COMMERCIAL MOBILE SERVICE means any mobile service that (1) is offered in return for monetary compensation, (2) is available to the public or a substantial portion of the public and (3) provides subscribers with the ability to access or receive communication from the public switched telephone network. COMMERCIAL MOBILE SERVICE includes, but is not limited to, paging service, wireless data transmission, cellular telephone service, specialized mobile radio service (SMR), and personal communications service (PCS).

   DISGUISED FACILITY means any wireless communications facility which is designed to blend into the surrounding land, architecturally integrated into a building or other concealing structure, or disguised to appear as another natural or artificial object that is prevalent in the surrounding environment.

   FIXED WIRELESS SERVICE means any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network.

   GROUND MOUNTED means a wireless communications facility that is mounted to a pole, lattice tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

   LATTICE TOWER means a tower-like structure used to support antennae and comprised of up to two or more steel support legs.

   MAJOR FACILITY means a wireless communications facility that is either ground mounted or roof mounted; provided that the roof mounted facility is not screened on all four sides by solid material that is architecturally compatible with the surrounding land uses or exceeds the maximum height of the applicable zoning district in which the major facility is located.

   MICROWAVE COMMUNICATION means the transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3GHz to 300GHz frequency spectrum).

   MINOR FACILITY means a wireless communications facility that is either (1) wall mounted, (2) utility mounted, or (3) roof mounted in such a manner that the entire facility is screened by solid material on four sides, is architecturally compatible with the surrounding land uses, and does not exceed the maximum height of the applicable zoning district in which the minor facility is located.

   MOBILE SERVICE means any temporary service providing radio communication to or from at least one antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USCS Section 153 and interpreted by the Code of Federal Regulations and the Federal Register.

   MOUNTED means any manner of attachment, support, or connection, whether on ground or on a structure.

   MULTIPOINT DISTRIBUTION SERVICE means a microwave communication service that delivers video programming directly to subscribers, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission.

   RADIO COMMUNICATION means the transmission and/or reception of impulses, writing, signs, signals, pictures, and sounds of all kinds through space by means of electromagnetic waves.

   ROOF MOUNTED means a facility that is mounted on any structure that is not specifically constructed for the purpose of supporting antennae, in any manner that does not satisfy either the definition of wall mounted or utility mounted, and is typically mounted on the roof of a building.

   SATELLITE ANTENNA means a device used to transmit and/or receive radio or electromagnetic waves between terrestrially and orbitally-based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVRO's (Satellite Television Receiving Antenna), and satellite microwave antennas.

   UTILITY MOUNTED means a facility that is mounted to an existing above-ground structure that is specifically designed and originally installed to support electrical power lines, cable television lines, street lighting, traffic signal equipment, park lighting or a structure on public or private property deemed by the city to be similar in nature.

   WALL MOUNTED means a facility that is mounted on any vertical surface or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna, i.e., the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

   WIRELESS COMMUNICATIONS FACILITY or FACILITY means an antenna structure and any appurtenant facilities or accessory equipment located within city limits and that is used in connection with the provision of wireless service.

   WIRELESS SERVICE means any type of wireless service providing radio communication that satisfies the definition of commercial mobile service, fixed wireless service, or wireless video service.

   WIRELESS VIDEO SERVICE means any service providing radio communication which delivers video programming.

(Ord. 1105, passed 12-6-04)

   (A)   All wireless communications facilities which are erected, located, mounted or modified within the City of Santa Paula on or following the effective date of this ordinance must comply with this chapter, subject to the categorical exemptions under paragraph (D) of this section, provided that:

      (1)   All facilities for which applications were determined complete by the Planning Department before the effective date of this ordinance are exempt from the regulations and guidelines of this chapter and are subject to the regulations and guidelines of the Santa Paula Municipal Code regulating nonconforming buildings and uses.

      (2)   All facilities for which building permits were issued by the City of Santa Paula before the effective date of this ordinance are exempt from the regulations and guidelines of this chapter, and are subject to the regulations and guidelines of the Santa Paula Municipal Code regulating nonconforming buildings and uses, unless and until such time as paragraph (A) of this section applies.

   (B)   All facilities for which building permits and any extension thereof have expired must comply with the provisions of this chapter.

   (C)   All facilities constructed or erected before the effective date of this ordinance that are in violation of applicable laws, ordinances, or other regulations are considered an illegal nonconforming facility and are subject to abatement as a nonconforming use pursuant to the Santa Paula Municipal Code.

   (D)   The following uses are exempt from the provisions of this chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption:

      (1)   Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission;

      (2)   Any antenna structure that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive radio communication by satellite antenna;

      (3)   Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal

measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than 12 feet above the principal building on the same lot.

   (E)   The following uses are exempt from the provisions of this chapter, so long as the antenna structure complies with all other zoning requirements:

      (1)   Any antenna structure that is designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations.

      (2)   Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission).

(Ord. 1105, passed 12-6-04)

   For the purpose of this chapter, all distances must be measured in a straight line without regard to intervening structures, from the nearest point of the proposed Major Facility to the relevant property line at a point five feet above ground level.

(Ord. 1105, passed 12-6-04)

   (A)   Both major and minor facilities must be erected, located, mounted, operated and maintained at all times in compliance with this chapter and all applicable laws and regulations of the city, the State of California, and the United States of America.

   (B)   Both major and minor facilities are conditionally permitted in the applicable zoning district as set forth in the following table:

 

 

(Ord. 1105, passed 12-6-04)

   (A)   Both major and minor facilities proposed to be erected, located, mounted, operated and maintained at all times require a Conditional Use Permit (CUP). Each applicant applying for a CUP must submit a completed CUP application in accordance with the requirements of the Santa Paula Municipal Code, and such additional or different requirements as are made applicable by this chapter.

   (B)   In addition to the city submittal requirements, a scaled site plan must be provided to the city which shows the following information:

      (1)   The proposed location of the wireless communications facility;

      (2)   Elevations of the wireless communications facility with dimensions identified;

      (3)   The height of any existing or proposed structure(s);

      (4)   Location of any accessory equipment;

      (5)   Locations of all guy-wires;

      (6)   Location of all above and below ground wiring and connection cables;

      (7)   Location of existing or proposed easements on the property;

      (8)   The height of any panels, microwave dishes, or whip antennas, above ground level;

      (9)   The distance between the antenna structure and any existing or proposed accessory equipment; and

      (10)   Any other necessary information as may be required by the Department of Development Services.

   (C)   Any application that is improperly submitted or fails to contain all of the information as required by this chapter will be deemed incomplete.

   (D)   Each application must contain a letter of justification accompanied by written documentation that explains and validates the applicant's efforts to locate the facility in accordance with the screening and site selection guidelines set forth in this section.

   (E)   Each application must contain a narrative and map that discloses the exact location and nature of any and all existing facilities that are owned, operated or used by the applicant within the City of Santa Paula, or within five miles of its geographic borders, as well as any proposed or planned sites that may reasonably be known to the applicant at the time the application is made.

   (F)    Each application must contain a narrative and appropriate maps that disclose the geographic area(s) within the City of Santa Paula that will be serviced by the proposed facility, the geographic area(s) bordering the City of Santa Paula, if any, that will be serviced by the proposed facility, the nature of the service to be provided or purpose of the facility, the reasons, if any, why the applicant cannot locate the facility outside the City of Santa Paula, and the efforts, if any, that applicant has made to locate the facility outside the City of Santa Paula.

   (G)   A radio-frequency (RF) report prepared by a qualified RF engineer acceptable to the city to demonstrate that the proposed facility, as well as any colocated facilities, complies with current federal RF emission standards. This RF report must also include signal strength exhibits.

   (H)   Computerized visual assessments or other exhibits equivalent in a form and manner acceptable to the Planning Director showing the before and after visual appearances of the proposed facility.

   (I)   A preliminary environmental review in accordance with the city submittal requirements, with special emphasis placed upon the nature and extent of visual, public, health, and safety impacts.

   (J)   Evidence of any required licenses and approvals to provide wireless services in the city.

   (K)   Notwithstanding any permit that may be granted in accordance with this chapter, the facility must be erected, located, mounted, operated and maintained at all times in compliance with this chapter and all applicable laws, regulations and requirements of the Building Code, and every other code and regulation imposed or enforced by the City of Santa Paula, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required before erecting or installing the facility.

(Ord. 1105, passed 12-6-04)

   The facility must comply with each of the following requirements:

   (A)   A facility must not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage.

   (B)   Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables, must be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which such equipment is located. In addition, if equipment is located above ground, it must be visually compatible with the surrounding buildings and either shrouded by sufficient landscaping to screen the equipment from view, or designed to match the architecture of adjacent buildings. If accessory equipment will be visible from a residential area or an arterial street, the applicant must provide a solid masonry block wall that will screen the equipment from the residential area or another material that is acceptable to the Planning Director. If no recent and/or reasonable architectural theme is present, the Planning Director may require a particular design that is deemed suitable to the subject location.

   (C)   The facility's exterior finish must be comprised of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings or structures.

   (D)   All screening used in connection with a wall mounted and/or roof mounted facility must be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached.

   (E)   Facilities may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

   (F)   The applicant and the property owner if different from the applicant must consent to future colocation of other facilities on or with the applicant's facility, unless technological requirements preclude that colocation.

(Ord. 1105, passed 12-6-04)

   (A)   A facility is considered an accessory building. If the facility is located in a R1, R2, R3 zones or within 200 feet of a residential use, then the facility must comply with the setback requirements for such zone. In all other instances, the extent of compliance with the setback requirements for the zone in which the facility is located must be considered by the city in connection with the processing of the CUP.

   (B)   Screening and site selection guidelines. In addition to the above requirements, the city must consider the following factors in conjunction with the processing of a CUP.

      (1)   The proposed facility must be designed as a disguised facility, taking into consideration alternate sites that are available, including colocation.

      (2)   The proposed facility should be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures. Any such improvements must be appropriate for and compatible with the site and surrounding area.

      (3)   The total size of the proposed facility should be compatible with surrounding and supporting structures.

   (C)   If feasible, the location of the proposed facility should conform to the following in order of preference:

      (1)   Colocated with an existing facility or located at a pre-approved location;

      (2)   Attached to an existing structure such as an existing building, communication tower, church steeple or utility;

      (3)   Located in an industrial zoning district;

      (4)   Located in a commercial zoning district;

      (5)   Proximity of the proposed facility to residential structures and to boundaries of residentially zoned districts.

      (6)   The availability of suitable alternative locations for the facility.

      (7)   The nature of existing uses on adjacent and nearby properties.

      (8)   Proposed ingress and egress to the facility.

(Ord. 1105, passed 12-6-04)

   (A)   Wireless communications facilities findings. In addition to the required findings for Conditional Use Permits contained in § 16.218.040 of the City of Santa Paula Municipal Code, the following findings are required for every major and minor Conditional Use Permit (CUP) for wireless communications facilities:

      (1)   That the proposed facility will not create any significant blockage to public views; and

      (2)   That the proposed facility will be an enhancement to the city due to its ability to provide additional communication capabilities; and

      (3)   That the proposed facility will be aesthetically integrated into its surrounding land uses; and

      (4)   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; and

      (5)   That the proposed facility will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations; and

      (6)   That the public need for the use of the facility has been documented.

   (B)   If the Planning Commission does not approve an application for such Conditional Use Permit, the Planning Commission must make a written determination supported by findings as required by 47 U.S.C. § 332(c)(7)(B)(iii).

(Ord. 1105, passed 12-6-04)

   In addition to the other requirements of this chapter, the following requirements will apply to the following types of facilities:

   (A)   Minor facility height requirements. Notwithstanding any other provision in the Santa Paula Municipal Code, no minor facility may exceed the maximum building height for the applicable zoning district unless such facility receives Planning Commission approval and:

      (1)   The applicant demonstrates that exceeding the height limitation is necessary for operation of the facility; or

      (2)   The facility is colocated, or contains adequate space suitable for future colocation, and the height in excess of zoning requirements is necessary to the proposed shared use.

   (B)   Utility mounted facilities - vertical extensions. A utility mounted facility may, if approved by the Planning Commission, exceed the maximum building height limit for the applicable zoning district. The extent that the utility mounted facility exceeds the height of the existing utility pole or structure and the need for such height increase must be taken into consideration by the city in conjunction with the processing of the CUP for the utility mounted facility.

   (C)   Utility mounted facilities - horizontal extension. The extent that the utility mounted facility protrudes or extends horizontally from the existing utility pole or structure must be taken into account by the city in conjunction with its processing of a CUP for a utility mounted facility. A utility mounted facility may not protrude or extend horizontally more than 36 inches from the existing utility pole or structure unless the applicant demonstrates a need for such extension.

   (D)   Additional requirement for all utility mounted facilities. Any accessory equipment accompanying or that forms part of the utility mounted facility, and is located on the ground in the area surrounding the utility pole or structure, must be visually compatible with the surrounding environment and either shrouded by sufficient landscaping to screen the accessory equipment from view, or designed to match the architecture of adjacent buildings. If accessory equipment will be visible from a residential area or an arterial street, the applicant must provide a solid masonry block wall that will screen the equipment from the residential area or another material that is acceptable to the city.

(Ord. 1105, passed 12-6-04)

   In addition to the other requirements of this chapter, the following requirements will apply to the following types of facilities:

   (A)   Location requirements.

      (1)   No portion or extension of a major facility may protrude beyond property lines or extend into any portion of property where such facility is not itself permitted; provided, however, that the city may approve the location of guy wires in a required setback if such approval is consistent with the guidelines and requirements set forth in this chapter.

      (2)   Latticed towers must not be located in any R-1, R-1(a), R-2, R-3, R-4, R-A, HR1-PD zone. In all zones where they may be located, they must not be located within 100 feet of any property containing a residential structure.

      (3)   A ground mounted facility must 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.

   (B)   A ground mounted facility may not be permitted unless the reviewing authority makes the additional finding that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed facility. Evidence supporting this finding will be reviewed by the reviewing authority and may consist of any of the following:

      (1)   No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility.

      (2)   Existing buildings or support structures are not of sufficient height or structural strength to satisfy the applicant's operational or engineering requirements.

      (3)   The applicant's proposed facility would create electromagnetic interference with another facility on an existing structure, or the existing facility on a building or support structure would create interference with the applicant's proposed facility.

      (4)   The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless service provider, in order to colocate a new facility on an existing building or structure, or to adapt an existing building or structure for the location of the new facility, are unreasonable.

      (5)   There are other limiting factors that render existing buildings and structures unsuitable for use by the applicant.

   (C)   If the proposed major facility cannot be colocated, it must be sited at least 1,500 feet from any existing major facility unless the reviewing authority determines that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area.

(Ord. 1105, passed 12-6-04)

   (A)   A ground mounted facility must be secured from access by the general public with a fence of a type or other form or screening approved by the Planning Commission.

   (B)   A ground mounted facility must be covered with a clear anti-graffiti material of a type approved by the Planning Commission. The Planning Commission may grant an exception to this requirement if the applicant demonstrates to the satisfaction of the Planning Commission that there is adequate security around the facility to prevent graffiti.

   (C)   Height requirements. Notwithstanding any other provision in the Santa Paula Municipal Code, no major facility may exceed the maximum building height for the applicable zoning district in which the facility is proposed to be located, nor may a roof mounted facility exceed the height of the structure on which it is mounted by more than the minimum amount necessary for operation and safety, not to exceed 15 feet. Any application for a permit exceeding these height limits may not be approved unless:

      (1)   The applicant demonstrates that exceeding the height limitation is reasonably necessary for operation of the facility; or

      (2)   The facility is colocated, or contains adequate space suitable for future colocation, and the excess in height is reasonably necessary to the proposed shared use.

   (D)   Additional screening and site selection guidelines. The following screening and site selection guidelines must be considered by the city in conjunction with the processing of all major facility CUPs:

      (1)   A major facility should not be located within 200 feet of any property containing a residential use.

      (2)   If technical reasons require the placement of a major facility within 1,500 feet of an existing major facility, under subsection (a)(5) of § 16.50.080, the new major facility should be located at least 500 feet from the existing major facility.

   (E)   A ground mounted facility should be located in close proximity to existing above ground utilities, such as electrical tower or utility poles (not scheduled for removal or undergrounding in the next 18 months), light poles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the city.

   (F)   A roof mounted facility that extends above the existing parapet of the building on which it is mounted must be screened by a material and in a manner that is compatible with the existing design and architecture of the building.

   (G)   A roof mounted facility, requiring the placement of any guy wires, supporting structures, or accessory equipment must be located and designed so as to minimize the visual impact as viewed from surrounding properties and public streets, including any pertinent public views from higher elevations.

   (H)   No part of a ground mounted facility should be located in any required setback.

(Ord. 1105, passed 12-6-04)

   (A)   Pre-approved locations.

      (1)   The city may approve by resolution, following a duly noticed public hearing, a list of sites located on public property or within the public right- of-way and which are approved for major facilities. Each site must include a description of permissible development and design characteristics, including but not limited to maximum height requirements. The city must make said resolution available to all persons upon request. The approved list of locations may be subsequently amended by resolution from time to time.

      (2)   All facilities located on a public property site which is pre-approved in accordance with this section following the effective date of this ordinance must obtain approval of a CUP in accordance with the Santa Paula Municipal Code, and any additional or different requirements made applicable by this chapter.

      (3)   All leases of public property that is pre- approved in accordance with this section must be non- exclusive. The operator of a facility located on such public property must make the supporting structure of the facility available to any other applicant wishing to colocate, to the extent technically feasible.

      (4)   Requirement for separate lease agreement. Any lease of city-owned property for the purpose of erecting a wireless communications facility requires a negotiated lease agreement or other written license granted by the City of Santa Paula. The existence of a lease agreement or license does not relieve an applicant of any obligations to obtain appropriate permits hereunder or otherwise comply with the Santa Paula Municipal Code.

(Ord. 1105, passed 12-6-04)

   Any applicant or the operator and/or owner of a facility may appeal a final decision of the Planning Director or the Planning Commission. All appeals must be processed in accordance with the Santa Paula Municipal Code, including required fees.

(Ord. 1105, passed 12-6-04)

   (A)   Changed circumstance. Any Conditional Use Permit granted or approved pursuant to this chapter must be granted or approved by the city and its Planning Commission with the reservation of the right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to, the following in relation to the approved facility as described and diagramed in the related site plan: increased height or size of the facility; additional impairment of the views from surrounding properties; change in the type of antenna or supporting structure; changed color or materials; substantial change in location on the site; and an effective increase in signal output above or near the Maximum Permissible Exposure (MPE) limits imposed by the revised radio frequency emissions guidelines by the Federal Communications Commission.

   (B)   Additional right to revoke for violation. This reservation of right to review any permit granted or approved hereunder by the city, its Planning Commission and/or City Council is in addition to, and not in lieu of, the right of the city, its Planning Commission and/or City Council to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.

   (C)   Modification of permit/colocation. Upon review, any changed circumstance as determined by the Planning Director requires the application and approval of a modification to the original Conditional Use Permit, provided that any modification to accommodate colocated facilities may be approved administratively without the approval of the Planning Commission.

(Ord. 1105, passed 12-6-04)

   (A)   Discontinued use. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, must promptly notify the Planning Director in writing in the event that use of the facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) must 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 must be completed within 90 days after the use is discontinued, and must be performed in accordance with all applicable health and safety requirements. For purposes of this paragraph, a discontinued use is permanent unless the facility is likely to be operative and used within the immediately following three- month period.

   (B)   Abandonment. A facility that is inoperative or unused for a period of six continuous months is deemed abandoned. An abandoned facility is a nuisance, subject to abatement pursuant to the provisions of the Santa Paula Municipal Code.

(Ord. 1105, passed 12-6-04)