HomeMy WebLinkAboutORD 04 (1999)ORDINANCE NO. 0 4 (19 9 9 )
AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING
AN AMENDMENT TO TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE TO INCORPORATE DEVELOPMENT
STANDARDS FOR RADIO AND TELEVISION ANTENNAS AND
WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES
(CASE NO. ZCA 98-2) AND DECLARING THE URGENCY
THEREOF.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS
FOLLOWS:
SECTION 1.
i.. On April 18, 1989, the City of Diamond Bar was established as a duly organized
municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond
Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the
ordinances of the City of Diamond Bar. Title 22 of the Los Angeles County Code contains regulations
that were applicable to radio and television antenna and wireless telecommunications antenna facilities
within the City of Diamond Bar.
ii. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan
establishes goals, objectives and strategies to implement the community's vision for its future.
iii. The City of Diamond Bar has determined that the existing radio and television antenna
and wireless telecommunications antenna facilities regulations contained within the Los Angeles
County Planning and Zoning Code are outdated and ill-suited to meet the City's needs in terms of the
type and quality of development envisioned by the General Plan.
iv. The City Council adopted Ordinance No. 4 (1997) on July 15, 1997 establishing a
moratorium on land use entitlements for wireless communication facilities. The City Council directed
its staff to research and develop new regulations regarding the placement of wireless
telecommunication facilities. The City Council subsequently extended the moratorium with the
adoption of Ordinance No. 4-A (1997) on August 19, 1997 and Ordinance 4-B (1997) on July 6, 1998.
The moratorium is scheduled to end on July 17, 1999 or upon the effective date of a new wireless
telecommunication ordinance.
V. In August 1998, the Mayor appointed a 13 member Telecommunications Task Force to
establish siting and design criteria for the placement of wireless telecommunication facilities within the
City. The Task Force conducted meetings on September 2, 16, 30, 1998 and October 7, 21, 28, 1998.
vi. The Planning Commission of the City of Diamond Bar on December 8, 1998, January
12, 1999, January 26, 1999, and February 9, 1999, conducted a duly noticed public hearing on the
Draft Radio and Television Antenna and Wireless Telecommunications Antenna Ordinance.
vii. On February 9, 1999, the Planning Commission adopted Resolution No. 99-5
recommending City Council approval of ZCA 98-2.
viii. The City Council of the City of Diamond Bar conducted a duly noticed public hearing
on the Draft Radio and Television Antenna and Wireless Telecommunications Antenna Ordinance as
recommended by the Planning Commission on February 16, 1999, and March 2, 1999.
ix. Notification of the City Council public hearing for the Draft Radio and Television
Antenna and Wireless Telecommunications Antenna Ordinance was provided within the San Gabriel
Vallgy Tribune and Inland Valley Daily Bulletin newspapers on January 4, 1999 in a one eighth page
legal advertisement. Additional notice was provided to members of the Telecommunication Task
Force and other interested parties on record.
X. The City Council, after due consideration of public testimony, staff analysis and the
Council's deliberations, has determined that the Radio and Television Antenna and Wireless
Telecommunications Antenna Ordinance attached hereto as Exhibit "A" and incorporated by reference
into this Resolution implements the goals, objectives and strategies of the General Plan. The City
Council has duly considered these issues so as to meet the City's needs in terms of the type of
development envisioned by the General Plan.
xi. The City Council hereby finds that there is substantial evidence that the Radio and
Television Antenna and Wireless Telecommunications Antenna Ordinance will not have a significant
effect on the environment and therefore Negative Declaration No. 97-3 has been prepared, pursuant to
the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and
guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of
the California Code of Regulations.
xii. The City Council hereby specifically finds and determines that, having considered the
record as a whole including the findings set forth below, and changes and alterations which have been
incorporated into and conditioned upon the proposed project set forth in the application, there is no
evidence before this City Council that the project proposed herein will have the potential of an adverse
effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial
evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section
753.5 (d) of Title 14 of the California Code of Regulations.
xiii. The City Council finds that ZCA 98-2 is consistent with the goals, objectives, and
strategies of the General Plan.
SECTION 2.
NOW, TBEREFORE, the City Council of the City of Diamond Bar does hereby ordain as
follows:
1. That Section 22.42.130 "Telecommunications Facilities of Chapter 22.42 "Standards for
Specific Land Uses" of the Diamond Bar Development Code is hereby repealed in its entirety.
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2. That all references to Section 22.42.130 "Telecommunications Facilities" within the
Diamond Bar Development Code are hereby amended to read as follows:
"Section 22.42.130 — Radio and Television antennas and Wireless Telecommunications
Antenna Facilities".
3. That Table 2-3 "Allowed Uses and Permit Requirements for Residential Zoning
Districts" of Section 22.08.030 Residential Zoning District Land Uses and Permit Requirements be
amended to add "Radio and Television Antennas and Wireless Telecommunication Facilities" as a
permitted transportation and communication use subject to the standards within Section 22.42.130.
4. That Table 2-5, Allowed Uses and Permit Requirements for Office Zoning Districts be
amended to add Radio and Television Antennas and Wireless Telecommunication Facilities" as a
permitted Transportation and Communication Use subject to the standards within Section 22.42.130.
5. That Table 2-6, Allowed Uses and Permit Requirements for Commercial/Industrial
Zoning Districts be amended to add Radio and Television Antennas and Wireless Telecommunication
Facilities" as a permitted Transportation and Communication Use subject to the standards within
Section 22.42.130.
6. That Chapter 22.80 -Definitions is hereby amended to incorporate, in alphabetical order,
the definitions contained within Exhibit "A" — Draft Radio and Television Antennas and Wireless
Telecommunications Facilities.
7. California Government Code Section 36937(b) authorizes the City Council, by a four-
fifths vote, to adopt an urgency ordinance for the immediate preservation of the public peace, health or
safety which ordinance may be effective immediately upon passage.
8. Pursuant to California Government Code Section 3693'(b), it is necessary for the
immediate preservation of the public peace, health and safety to adopt the regulations contained within
this Ordinance as an urgency measure in order to facilitate the permitting process for radio, television
and wireless telecommunication facilities thereby; providing standards for the placement of such
facilities; preserving and protecting aesthetic values and resources; provide expanded services to
residents and business and to the extent possible, increase competition; provide coverage in areas of
the residential and business community where service is minimal; expand opportunities to extend to all
people, in all areas high quality services at competitive costs.
9. The Radio and Television and Wireless Telecommunication Ordinance attached hereto
as Exhibit "A" is hereby adopted as an urgency measure and it shall take effect immediately upon
passage.
10. Ordinance No. 4-B (1997) is hereby repealed.
BY:
PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF MARCH 1999, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR-
BY:
AR
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Ordinance was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar,
at a regular meeting of the City Council held on the 2nd day of March 1999, by the following vote:
AYES: COUNCILMEMBER: Ansari, Huff, MPT/O'Connor
M/Chang
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: Herrera
ABSTAIN: COUNCILMEMBER: None
Lynda Burgess, City Elerk
City of Diamond Bar
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SECTION 22.42.130 - DEVELOPMENT STANDARDS FOR
RADIO AND TELEVISION ANTENNAS AND WIRELESS
TELECOMMUNICATIONS ANTENNA FACILITIES
22.42.130 - Purpose and Applicability
A. Purpose. The purpose of this section is to establish development standards and land use
controls for the installation and maintenance of radio and television antennas, including
amateur radio station antennas, and wireless telecommunications antenna facilities within
specified land use zones of the City. These standards and controls are intended to ensure
that the design and location of those antennas and related facilities are consistent with
previously adopted policies of the City, as set forth in the General Plan, to guide the
orderly development of the community, to promote the public health, safety, comfort,
convenience, and general welfare of the City's residents, to protect property values, and
to enhance the aesthetic appearance of the City by maintaining architectural and structural
integrity and by protecting views from obtrusive and unsightly accessory uses and
facilities.
The City Council expressly finds and determines that these regulatory requirements
relating to a conditional use permit are necessary, desirable, and in the best interests of
the community in order to protect public health, welfare and safety, to promote aesthetic
objectives, and to maintain property values. The City Council fin ther finds and
determines that these regulatory requirements are applicable only to the proposed
installation of satellite earth station antennas that are not permitted accessory uses and
that do not meet the criteria for exemption from local regulation established by the FCC
under the Telecommunications Act of 1996.
B. Applicability. The standards of this section apply to all earth station antennas, amateur
radio station antennas, and wireless telecommunications antenna facilities.
C. Satellite Earth Station Antenna Regulation. The regulatory provisions of this
paragraph are applicable to all satellite earth station antennas within the City that are
installed or modified after the effective date of this section.
1. Permitted Accessory Uses. Satellite earth station antennas described below in this
subsection may be installed as permitted accessory uses without obtaining either a
conditional use permit or a building permit, provided that they comply with all
applicable development standards set forth in paragraph D ("Development
Standards"), as well as all applicable building codes, electrical codes, and fire codes:
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a. An antenna located in any zoning district that is designed to receive direct
broadcast satellite service, including direct -to -home satellite services, that is one
meter (lm) [390] or less in diameter and that is either building -mounted or if
elevated by a mast, does not extend above the roofline.
b. An antenna that is designed to receive video progranuning services and that is
located in any zoning district where commercial or industrial uses are generally
permitted, which antenna is two metas (2m) [6.51 or less in diameter and is either
building -mounted or, if elevated by a mast, does not extend above the roofline.
c. An antenna located in any zoning district that is designed to receive video
programming services by means of multipoint distribution services, including
multichannel multipoint distribution services, which antenna is one meta (1 m)
[39"] or less in diameter or diagonal measrrernerlt and which is either building -
mounted or, if elevated by a mast, does not extend above the roofline.
d. An antenna located in any zoning district that is designed solely to receive
television broadcast signals, which antenna, whether building -mourned or ground -
mounted, does not extend above the roofline.
D. Satellite Earth Station Antenna Development Standards
1. City-wide Standards. The following development standards apply in all zoning
districts to the siting, construction, and operation of all satellite earth station antennas,
including those that require the issuance of a conditional use permit and the issuance
of a building permit, as provided for in paragraph E.
a. The height of a ground -mounted satellite earth station antenna may not extend
above the roofline.
b. No satellite earth station antenna may be installed in any zoning district if it will
impede normal vehicular or pedestrian circulation, or ingress to, or egress from
any building, structure, or parldng facility.
c. Satellite earth station antennas, whether ground -mounted or building -mounted,
including any guy -wires, masts, and accessory equipment, must be located and
designed so as to mitigate adverse visual impacts from adjacent properties and
from public streets, which mitigation may involve screening by means of
landscaping or the addition of new architectural elements that are compatible with
the design of adjacent buildings. The Director may modify this screening
requirement if the antenna's reception is impaired.
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Radio and Television Antennas and Wireless Telecomnwnications Facilities
d. Satellite earth station antennas must be finished in a non-metallic finish or painted
in a color that is compatible with the surrounding environment.
e. . Any mast that will be used to elevate a satellite earth station antenna must be
constructed of noncombustible and corrosive -resistant materials.
£ All satellite earth station antennas must be installed with adequate ground wire to
protect against a direct strike of lightning. The ground wire must be of a type
approved by the electrical code for grounding masts and lightning arrestors.
g. All satellite earth station antennas must be located away from utility lines by a four
meter (4m) [ 13 1 vertical distance and a two meter (2m) [6.51 horizontal distance.
Any mast that will be used to elevate a satellite earth station antenna must be
secured by a separate safety wire in a direction away from adjacent power lines
or other potential hazards.
h. To the extern feasible, all cables, wires, or similar electrical transmission devices
that connect with a satellite earth station antenna must be placed underground.
i. If footings are required for the installation of a satellite earth station antenna,
engineering calculations for those footings must be signed by a licensed structural
or civil engineer.
j. All connectors on a satellite earth station antenna, and on any mast to be used for
elevation, must be capable of sustaining a wind -load of at least nine kilograms
(9kg) [201b].
k. No satellite earth station antenna, nor any of its component parts or accessory
fisc ilities, may encroach into the public right-of-way unless that encroachment is
authorized by the City Engineer as provided for in this Code.
1. All satellite earth station antennas must be properly maintained.
2. Residential Standards. In addition to the development standards set forth above in
subsection 1, the following development standards apply in all residential zones to the
siting, construction, and operation of satellite earth station antennas:
a. No satellite earth station antenna may be mounted on the roof of a building.
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Radio and Television Antemas and Wireless Teleeommunicsfons Facilities
b. The height of a ground -mounted satellite earth station antenna may not extend
above the roofline.
c. Satellite earth station may not exceed three meters (3m) [10'1 in diameter.*
d. A satellite earth station antenna that is ground -mounted must be located in the
side yard or rear yard and at least two meters (2m) [6.51 from any property line.
3. Nonresidential standards. In addition to the development standards set forth above
in subsection 1, the following development standards apply in all nonresidential zones
to the siting, construction, and operation of satellite earth station antennas:
a. All ground -mounted satellite earth station antennas must be located at least one
and one half meters (1.5m) [51 from any property line.
b. No ground -mounted satellite earth station antenna may be located in the area
between the front property line and the main building or structure.
c. If roof -mounted, a satellite earth station antenna must not extend more than two
meters (2m) [6.51 above the roofline, and must either be affixed to a flat portion
of the roof structure having parapets, or it must be integrated with the
architectural design of the building in accordance with a plan that is approved by
the Director.
d. The height of a ground -mounted satellite earth station antenna may not extend
above the roofline.
E. Satellite Earth Station Antenna Conditional Use Permit
1. If a proposed satellite earth station antenna will exceed the applicable height limitations
referenced above in subparagraphs (a) through (d) of paragraph C(1) (Permitted
Accessory uses"I or if the diameter or diagonal measurement of the proposed satellite
earth station antenna exceeds the one or two meter limitation specified in
subparagraphs (a) through (c) of paragraph C(1) ("Permitted Accessory Uses"), then
an application for a conditional use permit must be submitted in accordance with
Chapter 22.58 and, if the application is approved, -a. building permit must be obtained.
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Radio and Television Antennas and Wireless Telecommunications Facilities
2. In addition to the requirements set forth in Chapter 22.58, the application for a
conditional use permit must include the following:
a. Constriction drawings that show the proposed method of installation, screening,
and the manuflicturer's specifications.
b. A plot plan showing the proposed location of the satellite earth station antenna.
c. Engineering data evidencing that the satellite earth station antenna will be in
compliance with all structural requirements of the Building Code.
F. Amateur Radio Station Antenna Regulation
1. Conditional Use Permit Required. The proposed installation of an amateur radio
station antenna in any zoning district must be preceded by an application for a
conditional use permit in accordance with Chapter 22.58 and, if the application is
approved, a building permit must be obtained.
2. Application Requirements. In addition to the requirements set forth in Chapter
22.58, the application for a conditional use permit must include the items set forth
above in paragraph E(3), and copies of all licenses issued to the applicant by the FCC
to engage in amateur radio service operations and to use the site as an amateur radio
station.
3. Review Factors. In conducting the conditional use permit review process for a
proposed amateur radio station antenna, the reviewing authority must consider the
following factors:
a. The proposed height of the amateur radio station antenna, and the applicant's
representations as to the technological necessity of that height to engage in
amateur radio service operations of the nature contemplated.
b. Proximity of the proposed amateur radio station antenna to inhabited buildings
and structures.
c. The nature of existing uses on adjacent and nearby properties.
d. Surrounding topography, tree coverage, and foliage, and their effect on the
proposed height of the amateur radio station antenna.
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e. Design of the proposed amateur radio station antenna, with particular reference
to design features that provide for retraction of the antenna when not in use and
design features that may reduce or eliminate visual obtrusiveness, particularly in
or adjacent to residential zones.
4. Guidelines. In making any determination during the conditional use permit review
process to deny or to condition the application for an amateur radio station antenna,
the reviewing authority must adhere to the following guidelines:
a. The imposition of conditions or restrictions rdating to the placement, screening,
or height of a proposed amateur radio station antenna, which conditions or
restrictions are based upon protection of the public health, welfare, and safety,
aesthetic considerations, or the preservation of property values, must be
considered on a case-by-case basis, taking into account the unique features of the
proposed site, the factors specified above in subsection (3), and the reasonable
accommodation required under subparagraph (b) below.
b. The conditional use permit review process must be conducted so as to (1)
reasonably accommodate the paramount federal interest in promoting amateur
radio communications as voluntary, noncommercial communications services,
particularly with respect to emergency communications; and (2) impose the
minimum practical restrictions, limitations, and conditions in order to achieve the
City's legitimate regulatory objectives.
G. Wireless Telecommunications Antenna Facility Approval Process
1. Applicability. The regulatory provisions of this paragraph G are applicable to all
wireless telecommunications antenna facilities within the City that are installed or
modified after the effective date of this section, including all facilities for which
previously issued building permits have expired. All facilities for which applications
were submitted and deemed to be complete prior to the effective date of this section
are exempt from these regulatory provisions.
2. Administrative Review. A wireless telecommunications antenna facility may be
authorized under an administrative review conducted by the Director. The
application for administrative review must include the information required by
subparagraphs (a) through (i) of paragraph G(5) as applicable. The Director must
consider the factors set forth in paragraph G(6) and must determine that the facility
complies with the following requirements:
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Radio and Television Antennas and Wireless Teleconwnunications Facilities
a. Concealed Antennas. Concealed antennas must be architecturally integrated with
a building or structure so as not to be recognized as an antenna.
b. Height and Screening. Building or roof -mounted antennas must not exceed four
and one half metes (4.5m) [151 in height and must be screened from view.
c. Minor Addition/Modification. The Director may approve the following: Up
to two (2) additional omnidirectional (whip) antennas not to exceed four and one
half meters (4.5m) [151 in height; the reconfiguration or alteration of existing
antennas on a single support structure; or the addition of a single dish under one
mete (1m) [39"] in diameter to an existing 5 eestanding antenna structure (i.e.
monopole). The physical area of the reconfigured or altered antenna shall not
exceed fifteen percent (15%) of the area of the antenna as originally approved.
d. Base Stations. Support equipment and base stations must be located within a
completely enclosed building or otherwise screened from view.
e. Wireless Telecommunications Antenna Facility Sites. The facility must be
located in any of the following zone districts: OP, OB, CO, C-1, C-2, C-3, I or
as identified on the City Teleco mw0cations Facilities Opportunities Map.
£ Freestanding Antenna Structures. No freestanding antenna support structures
may be authorized under an administrative review.
g. Development Standards. The facility must be located, constructed, and
maintained in accordance with all applicable development standards that are set
forth below in paragraph H ("Development Standards").
3. Minor Conditional Use Permit. A wireless telecommunications antenna f tc ility may
be authorized under a minor conditional use permit issued by the Hearing Officer:
The application for a minor conditional use permit must include the information
required by subparagraphs (a) through 6) of paragraph G(5), as applicable. The
Hearing Officer must consider the factors set forth in paragraph G(6) and must
determine that the facility complies with the following requirements:
a. Narrative. The applicant must provide a written narrative describing why the
facility does not meet the criteria for an administrative review.
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b. Location. The facility must be located in any of the following zone districts: OP,
OB, CO, C-1, C-2, C-3, L or as identified on the City Telecommunications
Facilities Opportunities Map.
c. Micro Wireless Telecommunications Antenna Facilities. The wireless
telecommunications antenna facilities must be one half meter (0.5m) [ 19"] or less
in length and must be integrated with the architectural design and color of the
surrounding buildings or support structures, such as light standards, utility poles,
etc.
d. Freestanding Antenna Support Structure Setback The setback for a
freestanding antenna support structure will be no less than fifteen meters (15m)
[501, or the height of the antenna plus twenty percent (20%), whichever is
greater, from any existing or future residential structure
e. Development Standards. The facility must be located, constructed, and
maintained in accordance with all applicable development standards that are set
forth below in paragraph H ("Development Standards").
4. Conditional Use Permit. All wireless telecommunications antenna facilities other
than those meeting the criteria for an administrative review approval or minor
conditional use permit specified above must be authorized by a conditional use permit.
These facilities may be located in any zone, provided that the facility is in compliance
with the following requirements:
a. Narrative. The applicant must provide a written narrative describing why the
fatality does not met the criteria for an administrative review or minor conditional
use permit.
b. Development Standards. The facility will be located, constructed, and
maintained in accordance with all applicable development standards that are set
forth below in paragraph H ("Development Standards").
3. Application. In addition to the information required by Section 22.58, the application
for an administrative review, minor conditional use permit, and a conditional use
permit must include the following:
a. Site Plan. A site plan, drawn to scale, showing the proposed location of the
wireless telecommunications antenna facility, the height of any existing or
proposed new support structure, accessory equipment facility, above and below
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ground wiring and connection cables, existing or proposed easements on the
property, the height above ground of any antenna array, and the distance between
the antenna facility and any existing or proposed accessory equipment facility.
b. Narrative. A brief narrative accompanied by written documentation that
describes the applicant's efforts to locate the facility in accordance with the
factors set forth in paragraph 6(f) of this section.
c. Landscape Plan. A landscaping plan for freestanding antenna support structures
showing the location and type of plant materials, landscape elements, and
associated irrigation system.
d. Master Plan. A master plan showing existing wireless telecommunications
antenna facilities sites within the City that are owned or operated by the applicant
and any proposed sites in the City that may be required for future area coverage.
The master plan shall be overlaid on the City Telecommunications Facilities
Opportunities Map. Proposed sites are not restricted to those shown on the
Telecommunications Facilities Opportunities.
e. Photographic Simulation. An =hibit ("photo-sim") showing how the completed
facility will appear when viewed by the public.
f. Engineering Documentation. Detailed engineering calculations for foundation
and wind loads, plus documentation that the electromagnetic fields (EMFs) from
the proposed wireless telecommunications antenna facility will be within the limits
approved by the FCC.
g. Environmental Assessment. A preliminary environmental assessment, with
special emphasis placed upon the nature and extent of visual impacts.
h. Licenses. Evidence of any required licenses and approvals to provide wireless
telecommunications services in the City.
i. Architectural Elevations. Applicants may be required to provide architectural
elevations showing the facility, as it will be viewed by the public.
j. Mock-up. Applicants may be required to erect fill -scale "mock-ups" of their
proposed facilities.
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6. Factors Considered in Approving Wireless Telecommunications Antenna Facilities.
In determining whether to issue an administrative review approval, minor conditional use
permit, or conditional use permit for a wireless telecommunications antenna facility, the
reviewing authority must consider the following factors:
a. Environmental Integration. The extent to which the proposed facility blends
into the surrounding environment or is architecturally integrated into a concealing
structure, taking into consideration alternate sites that are available.
b. Screening. The extent to which the proposed facility is screened or camouflaged
by existing or proposed topography, vegetation, buildings, or other structures.
c. Size. The total size of the proposed facility, particularly in relation to surrounding
and supporting structures.
d. Residential Proximity. Proximity of the proposed facility to residential structures
and to boundaries of residential districts.
e. Access. Proposed ingress to and egress from the site of the proposed facility.
f. Location. The location of the proposed facility and the extent to which it
conforms to the following in order of preference (item "1" being the most
preferred):
(1) Co -located with an existing facility or located at a pre -approved location.
(2) Attached to an existing structure, such as a building, communication tower,
church steeple, or utility pole or tower.
(3) Located in an industrial/business park zoning district.
(4) Located in a commercial zoning district.
H. Development Standards
1. Architectural Integration. Antenna arrays on wireless telecommunications antenna
facilities that are proposed to be sited on an existing nonresidential building or support
structure must, to the extent feasible, be integrated with the architectural design and
color of that existing building or support structure.
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2. Freestanding Antenna Structures. No new freestanding antenna structure will 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 wireless telecommunications antenna facility.
Evidence supporting this finding will be considered by the reviewing authority and
may consist of any of the following:
a. Location. No existing buildings or support structures are located within the
geographic area proposed to be served by the applicant's facility.
b. Structural Criteria. Existing buildings or support structures are not of sufficient
height or structural strength to meet the applicant's operational or engineering
requirements.
c. Interference. The applicant's proposed facility would create electromagnetic
interference with another facility on an existing structure, or an existing antenna
array on an existing building or support structure would create interference with
the applicant's proposed antenna array.
d. Limiting Factors. There are other limiting factors that render existing buildings
and support structures unsuitable for use by the applicant.
e. Setback. A new freestanding antenna structure that is to be located near a
residential use or the boundary of a residential zoning district must be set back
from the nearest residential lot line or boundary a distance that is at least equal to
the height of that structure plus twenty percent (20'/o).
f. Lattice Towers. The use of a lattice tower as a support structure for a wireless
telecommunications antenna facility is prohibited in all zoning districts.
g. Skyline. Freestanding antenna support structures shall be located downslope from
ridgelines so as not to impact significant public views of skylines.
3. Screening. If a new support structure for a facility will be visible from adjacent
residential properties or from major arterial streets, the reviewing authority may
require that the support structure be screened or camouflaged to mitigate adverse
visual impacts.
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4. Base Stations. Protective structures housing accessory equipment must not exceed
four meters (4m) [131 in height, must comply with all applicable setback
raquiremarts, and insist be screened from public view or be made compatible with the
color and architectural design of adjacent structures.
S. Undergrounding. All utilities and connection cables for a facility must be placed
underground or within a protective structure for accessory equipment.
6. Security. Where applicable, each facility site shall have a security program that
includes features such as fencing, anti -climbing devices, elevated ladders on towers,
and monitoring to prevent unauthorized access and vandalism.
7. Landscaping. Landscaping, or the use of existing trees or vegetation on a proposed
site, may be required for screening purposes, subject to such conditions as may be
imposed by the reviewing authority. All landscaping shall be maintained in a healthy
condition.
S. Fencing. Fencing shall be wrought iron or similar decorative material. Prohibited
fencing includes razor wire and barbwire. Chain link fencing shall be screened by
landscaping or topography, or both.
9. Finish. The exterior of a new wireless telecommunications antenm facility must have
a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The
support structure, the antenna array, and the accessory equipment facility must all be
painted or camouflaged to blend with surrounding materials and colors.
10. Lighting. Artificial lighting shall be limited to mandatory safety lighting required by
regulatory agencies possessing jurisdiction over wireless telecommunications antenna
facilities. Security lighting around the base of a tower may be provided if such lighting
does not adversely affect adjacent property owners.
11. Signage. The wireless telecommunications antenna facility shall not bear any signs or
advertising devices other than certification, warning, or other required seals or
required signage. Required signage shall be no higher than two and one half meters
(2.5m) [81. A concealed wireless telecommunications facility may bear signs or
advertising devices where such signs or devices are an integral part of the design of
the facility.
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12. Co -location Agreement. The applicant and the property owner must consent to the
future co -location of facilities on the building or support structure to be used by the
applicant, unless technical considerations preclude that co -location.
L Maintenance and Cessation of Use. The following requirements apply to wireless
telecommunications antenna facilities located on existing buildings or support structures
and on new support structures:
1. Maintenance. The site must be maintained in a condition free of trash, debris, refuse,
and undesirable vegetation. All graffiti must be removed within 72 hours.
2. Abandonment and Removal. If a support structure, or an antenna array affixed to
a building or to a support structure, becomes inoperable or ceases to be used for a
period of 6 consecutive months, the permittee must give written notice of such
inoperability or nonuse to the Director. The antenna array and, if applicable, the
support structure, must be removed within a 90 -day period If such removal does not
occur, the City may remove the antenna array and, if applicable, the support structure,
at the pennittee's expense; provided, however, that if other antenna arrays owned or
operated by other service providers are affixed to the same support structure, then
only the antenna array that has become inoperable or has ceased to be used is required
to be removed, and the support structure may remain in place until all service
providers cease to use it. The permittee shall not be required to remove antenna
structures or support structures that are architecturally concealed in a pre-existing
structure or are concealed as part of a new freestanding structure.
3. Bonding. Prior to the issuance of a building permit for the construction or
modification of a wireless telecommunications facility, the applicant may be required
to provide to the City a bond or other approved security for the removal of the
facility, and any accessory equipment, if that facility is abandoned or if the reviewing
authority revokes the use of that facility.
J. Modifications to Existing Facilities
1. Modifications. Modifications to wireless telecommunications antenna facilities that
(i) were legally constructed prior to the effective date of this section, or (ii) are
constructed after the effective date of this section in accordance with a minor
conditional use permit or a conditional use permit, may be authorized by a minor
conditional use permit or by an amendment to a minor conditional use permit if those
proposed modifications comply with the following requirements:
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Radio and Television Antennas and Wireless Telecommunications Facilities
a. There will be no increase in the height of the support structure or the antenna
array.
b. Potential adverse visual impacts will be mitigated to the maximum extent possible.
c. No required parking spaces will be eliminated as a result of the proposed
modifications.
2. Conditional Use Permit. All modifications to wireless telecommunications antenna
facilities that do not meet the criteria specified above in subsection 1 must be
authorized by a conditional use permit or by an amendment to a conditional use
permit.
K. Nonconforming Facilities. Any wireless telecommunications antenna facility that was
constructed in accordance with any ordinance or regulation of the City that preceded the
effective date of this section, and that becomes noncorrforining due to noncompliance with
the development standards and other requirements set forth in this section, is subject to
the provisions of Chapter 22.68 of the Development Code, which is entitled
"Nonconforming Uses, Structures and Parcels."
L. Enforcement.
1. Inspection. All wireless telecommunications antenna facilities that are authorized by
an administrative review, minor conditional use permit, or a conditional use permit are
subject to periodic inspection by the City to determine whether they are in compliance
with all applicable provisions of this section.
2. Notice. Upon inspection, if any condition is discovered that may result in a danger to
life or property, the City will give written notice to the permittee or to the property
owner, or both, at their last known address, describing the dangerous condition and
demanding that said condition be corrected within a specified period of time, but not
later than ten (lo) days after that notice.
3. Abatement and Permit Revocation. Failure to comply with any applicable
provision of this section, or with conditions imposed by a minor conditional use
permit or conditional use permit may constitute a public nuisance subject to immediate
abatement as well as grounds for revocation of that permit.
M. L1ABII1TY AND INDEMNIFICATION. The applicant will defend, indemnify, and
hold harmless the City, its City Council, boards, commissions, agents, officers, and
employees, from any claim, action, or proceeding, arising out of or attributable to the
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Radio and Television Antennas -and Wireless Telecommunications Facilities
ownership or operation of any wireless telecommunications antenna facility that is
authorized under this Section, and any injury to persons or damages to property
proximately caused by any conduct undertaken by the applicant, its agents, employees,
or subcontractors.
DEFINITIONS
Amateur Radio Station Antenna
Any antenna, and its accompanying support structure, that is used solely for the purpose
of transmitting and receiving radio signals in connection with the operation of an amateur
radio station in accordance with licenses issued by the Federal Communications
Commission (FCC).
Antenna
Any system of wires, poles, rods, reflecting discs, or similar devices used for the
transmission or reception of electromagnetic waves.
Antenna Array
A group of antenna elements on the same geometric plane.
Antenna Height
The distance from the grade of the property at the base of the antenna or, in the case of a
roof -mounted antenna, from the grade at the exterior base of the building, to the highest
point of the antenna and its associated support structure when fully extended. The vertical
distance between the highest point of a parabolic antenna when actuated to its most
vertical position and the grade below, for a groundmounted parabolic antenna, and the
roof below for a rooftop parabolic antenna.
Antenna, Omnidirectional
Cylindrical shaped antenna, which transmits and receives in 360 degrees. This antenna
typically does not exceed nine centimeters (9cm) [3'/s"] in diameter and ranges from one
half meter (0.5m) [20"] to four and one half meters (4.5m) [151 in height. Also called
"stick antenna" and "whip antenna."
Antenna, Satellite Earth Station
A parabolic or dish -shaped antenna or any other apparatus or device that is designed for
the purpose of receiving radio waves.
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Radio and Television Antermas and Wireless Telecommunications Facilities
Antenna Structure
An antenna array and its associated support structure, such as a mast or tower, but not to
include a suspended simple wire antenna, that is used for the purpose of transmitting or
receiving electromagnetic signals, including but not limited to radio waves.
Antenna Structure, Freestanding
An antenna structure or mast that is not attached to a building, fence or similar structure.
Freestanding antenna structures include communications towers, wooden utility poles and
standard or decorative concrete and steel monopoles.
Antenna Structure, Lattice
Freestanding or guyed (wire ground connections) steel structure frame.
Base Station (Base Transceiver Station, BTS)
A fixed station at a specified site authorized to communicate with mobile stations. Base
stations are usually housed in metal cabinets or small structures within close proximity to
the antenna structure, housing ancillary equipment and back-up power.
Co -location
1) Siting multiple antenna structures within the same local area. Also called "antenna
farms "
2) Multiple antennas attached to an existing or proposed freestanding antenna support
structure. Also called donor sites, and "piggy -backing."
3) Roof -mount antenna (RMA) attached to the top of a building or other structure.
4) Facade -mount in which the antenna is attached to (an) exterior wall(s) of a building or
other stnrcture.
5) Enclosed in which the antenna facility is entirely contained within a building primarily
occupied by another permitted use. Types 3, 4, & 5 are tenant improvements (Tl).
Concealed Antenna, Architecturally
Also called disguised, camouflaged or "stealth" antennas. These antennas are blended into
the environment so as not to be seen or recognized. They include architecturally screened
roof -mounted antenna as design features; bell, clock, and water towers; church steeples;
water tanks; windmills; and other types of architecturally concealed structures.
Concealed Antenna, Freestanding Structure
These include "tree" monopoles which may appear to be palms or pines ("monopalms"
and "monopines"); bell, clock, and water towers; City entry signage; commercial signage;
light standards; Bag and utility poles; and other types of concealed freestanding structures.
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Wireless Telecommunications Antenna Facilities
Communication towers, antennas arrays, and the necessary appurtenances. A facility that
sends or receives radio frequency signals using antennas, microwave dishes or horns, and
structures or towers to support receiving or transmitting devices, accessory development
and structures, and the land on which they all are situated.
Wireless Telecommunications Antenna Facilities, Micro
Communication antenna and support equipment that is one half meter (0.5m) [19"] or less
in length, such as "microcells," "micropanels," and "shoeboe installations.
Wireless Telecommunications Antenna Site
The defined area that is subject to review under any land use permit application for
communication facilities:
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