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HomeMy WebLinkAbout89-22 Modify Procedures Regarding Review and Regulations of Amateur Radio AntennasORDINANCE NO. 89--2-L AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO MODIFY PROCEDURES REGARDING REVIEW AND REGULATIONS OF AMATEUR RADIO ANTENNAS. SECTION 1. FINDINGS The City Council of the City of Costa Mesa finds and declares as follows: 1. The Federal Communications Commission (FCC) has established a rule preempting State and local regulations that operate to preclude amateur radio communications. However, the FCC has not preempted local regulations involving placement, screening, or height of amateur radio antennas so long as the regulations are based on health, safety or aesthetic considerations, represent a reasonable accommodation of amateur radio communications, and constitute the minimum practicable regulation necessary to accomplish the local agency's legitimate purpose. 2. The City of Costa Mesa desires to allow amateur radio antennas in residential, commercial, institutional, and industrial areas of the City, subject to appropriate regulation to prevent these antennas from creating a negative impact on neighboring properties. 3. The amateur radio antenna development standards set forth in Section 2 allow antennas, subject to regulations regarding the location, type, and height to protect the health, safety, and welfare of the community, while allowing amateur radio operators reasonable opportunity to communicate. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends Title 13 as follows: SECTION 2. 1. Section 13-40. Definitions. Add the following definitions in appropriate alphabetical order: Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting 1 and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. Antenna Height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Antenna, Satellite. An antenna designed to receive broadcasts relayed from communication satellites. Antenna, Vertical. An antenna and its support structure that is used for the purpose of transmitting and receiving radio signals other than in conjunction with an amateur radio station licensed by the Federal Communications Commission. Antenna, Whip. An antenna and its support structure consisting of a single, slender, rod-like element which is supported only at or near its base. 2. Section 13-313. Antennas. Replace paragraph 1 with the following language: 1. Permitted Accessory Use. The following antennas are permitted as an accessory use in the specified zoning districts and are subject to all applicable regulations and issuance of appropriate permits. a) Satellite receiving antennas in nonresidential zones on sites not contiguous to a residential zone. b) Amateur radio and vertical antennas that do not exceed 30 feet in height in all zones. C) In all zones, amateur radio antennas that exceed 30 feet in height and comply with Section 13-313(5) Amateur Radio Antennas Development Standards. 2. Conditional Uses. The following antennas may be allowed by a Minor Conditional Use Permit in the specified zoning districts. a) Satellite receiving antennas in residential zones, and in nonresidential zones on sites contiguous to a residential zone. b) Vertical antennas that exceed 30 feet in height, in all zones. 2 3. Antenna height limitations shall not apply to antennas which do not require building permits nor to satellite antennas. 4. Building permits are not required for antennas that, meet all of the following criteria: a) The antenna and its associated support structure are supported primarily by attachment to a building. b) The antenna, including its associated support structure, does not weigh more than 80 pounds. C) The antenna, excluding its associated support structure, does not exceed 4.4 square feet in effective wind loading area. d) Attachment of the antenna and its associated support structure to a building does not require modification or reinforcement of load bearing elements of the building in order_ to support the antenna and its associated support structure at wind speeds up to 70 miles per hour. 5. Amateur Radio Antennas Development Standards A. No part of any amateur radio antenna shall exceed 75 feet in height measured from the property's grade. B. Not more than one amateur radio antenna support structure and one whip antenna structure in excess of 30 feet in height shall be permitted on each building site. C. No portion of any amateur radio antenna, including the array, shall be located within any front yard or any required side yard. An antenna support structure and its associated antenna may be located in a required rear yard area provided that it is placed as far forward as possible from the rear property line. Antenna support structures mounted on roofs shall be kept to the rear of the centerline of the main structure. D. The development standards for amateur radio antennas may be waived or modified by the Zoning Administrator upon approval of an Amateur Radio Antenna Permit described in Section 13-353. 3 3. 6. Replacement. Replacement of an amateur radio antenna support structure shall.be subject to all applicable regulations and issuance of appropriate permits. However, the supported antenna, including the array, may be replaced without issuance of a new building permit, provided the replacement antenna does not exceed the maximum weight, dimensions or wind load area specified in the current building permit. Section 13-353. Satellite Antennae. Delete this section in its entirety and replace with the following: Section 13-353. Amateur Radio Antenna Permit. 1. Application. Application for an Amateur Radio Antenna Permit shall be made to the Zoning Administrator on forms provided. Plans and information reasonably needed to analyze the application may be required by the Zoning Administrator. The application shall include a statement of the reasons why strict conformance with the Amateur Radio Antennas Development Standards will unreasonably interfere with the operator's ability to receive or transmit signals or will impose unreasonable costs on the amateur radio operator when viewed in light of the cost of the equipment. 2. Issuance of Permit. The Zoning Administrator may issue an Amateur Radio Antenna Permit if the applicant demonstrates that strict compliance with the Amateur Radio Antennas Development Standards specified in Section 13-313(5) would unreasonably interfere with the operator's ability to receive or transmit signals or impose unreasonable costs on the amateur radio operator when viewed in light of the cost of the equipment. The Zoning Administrator may impose conditions reasonably necessary to accomplish the purposes of Section 13-313(5), provided those conditions do not unreasonably interfere with the ability of the operator to receive or transmit signals or result in unreasonable costs on the amateur radio operator when viewed in light of the cost of the equipment. 3. Notification. Notice of an application for an Amateur Radio Antenna Permit shall be given to all owners of real property located within 300 feet of the parcel on which the proposed antenna is to be located. 4 4. Fees. Fees for consideration of Amateur Radio Antenna Permit Applications may be established by resolution of the City Council. 4. Section 13-353.5. Nonconforming Amateur Radio Antennas. 1. An amateur radio antenna that is in existence as of the effective date of this Section may continue as a nonconforming development and need not comply with the development standards contained in Section 13-313 provided that a record of its size, location, height and any other information deemed necessary by the Development Services Director is on file with the Planning Division. In order to secure any right under this section, the amateur radio antenna owner must establish this record within six months of the effective date of this Section; the amateur radio antenna owner is responsible for providing the necessary information to the City for inclusion in the record of nonconforming amateur radio antennas. 2. No additions or structural alterations may be made to a nonconforming amateur radio antenna support structure that would increase its nonconformity with the development standards contained in Section 13-313. 3. Replacement of a nonconforming amateur radio antenna support structure.shall be subject to the issuance of appropriate permits and the regulations contained in Section 13-313. This requirement does not apply to the antenna which may be replaced without conforming to the provisions of Section 13-313. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the- ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the .alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in.the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to`be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. 5 PASSED AND ADOPTED this _1 day of r&q.' , 19_ ATTEST: (F&L4J C ty Clerk of the City of Mayor of the Cityosta Mesa Costa Mesa APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa hereby certify that the above and foregoing Ordinance No. g- was introduced and considered section by sec on at a reg a meeting of sa d City Council held on the Z%I.G! day of 19 and thereafter passed and adoWe s a who a reg lar meetin of said Council held on theday of 19 by the following roll call v AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby t my hand d affixed the Seal of the City of "Costa__Mesa this day of , 19 1ty Clerk and ex -officio Cl - - of the City Council of the of Costa Mesa 6