Chapter 15.44


15.44.010    Purpose and intent.

15.44.020    Exemptions.

15.44.030    Standards for nonexempt dish antennas.

15.44.040    Amateur radio antennas.

15.44.010 Purpose and intent.

A. Purpose and Intent. The provisions of this chapter are intended to:

1. Allow the installation, maintenance and use of satellite dish, television and similar antennas while providing reasonable regulations to mitigate the visual and other impacts of such installations.

2. Allow the installation, maintenance and use of amateur radio antennas to reasonably accommodate amateur communications and to represent the minimum practicable regulation to mitigate the visual and other impacts of such installations. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

15.44.020 Exemptions.

A. Exempt Antennas. The following types of antennas are exempt from the provisions of this chapter:

1. Customer-End Antennas. Customer-end antennas (i.e., antennas placed at a customer location for the purpose of providing service to customers at that location) which are subject to the Federal Communications Commission (FCC) Over-the-Air-Receiving Devices Rule (47 C.F.R. 1.4000), including without limitation:

a. Satellite dish antennas less than one meter (39.37 inches) in diameter;

b. Non-dish television antennas no greater than 12 feet above the roof of the building to which they are attached; and

c. Broadband radio service antennas one meter or less in diameter or diagonal measurement.

2. Emergency Facilities. Temporary emergency facilities.

3. Government Facilities. Government-owned or operated facilities.

4. State and Federal Law. Facilities exempt from the provisions of this chapter by operation of state or federal law. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

15.44.030 Standards for nonexempt dish antennas.

A. Accessory Use. The satellite dish, television and similar antennas which do not meet the exemption criteria of AVMC 15.44.020 are deemed as conditional accessory uses in all zoning districts. Such antennas may be permitted provided they conform to the standards of this section and a conditional use permit is approved in accordance with AVMC 15.74.040.

B. Antenna Standards. Nonexempt antennas shall conform to the following standards unless the decision-making authority determines in an individual case that a standard will prevent adequate reception or will not substantially lessen visual impacts:

1. Size and Height. Antennas shall not exceed two meters in diameter or diagonal measurement and shall be no higher than eight feet measured from the base of the antenna.

2. Location. Antennas shall not be located in front, side or perimeter setbacks.

3. Mounting. In residential districts, antennas shall be ground-mounted. In nonresidential districts, antennas may be ground-mounted or building-mounted.

4. Color. Antennas shall be of a single color which blends with the surroundings.

5. Screening. Antennas shall be screened from off-premises views by landscaping or decorative structures (trellises, arbors, fences, etc.). [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].

15.44.040 Amateur radio antennas.

A. Intent of Regulations. In conformance with FCC regulations (47 C.F.R. 97.15), an amateur radio antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. The provisions of this section are designed to allow such accommodation.

B. Antennas Permitted without a Discretionary Permit. The following amateur radio antennas are permitted as accessory uses in all districts without approval of a discretionary permit:

1. Enclosed Antennas. Antennas completely enclosed within a building.

2. Single-Wire Antennas. An antenna consisting of a single wire not exceeding one-fourth inch in diameter. Such wire antennas may be located in setback areas provided the antenna does not extend above the maximum building height in the district.

3. Vertical Antennas. A single ground-mounted vertical pole or whip antenna not exceeding 42 feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast.

C. Antennas Requiring a Conditional Use Permit. Amateur radio antennas which do not meet the criteria listed in subsection (B) of this section may be permitted as accessory uses in all districts if a conditional use permit is approved. The following factors and findings shall be considered in the review of such use permits:

1. Factors to Be Considered. The decision-making authority shall consider the following factors in reviewing conditional use permit applications:

a. The Federal Communications Commission (FCC) requirement that local regulations provide reasonable accommodation for amateur radio communications.

b. The city’s desire to allow amateur radio antennas in a manner that reasonably accommodates amateur radio communications while minimizing potential impacts on neighboring properties.

c. The proposed height and design of the amateur radio station antenna, and the technological necessity of that height and design to engage in amateur radio communications.

d. The proximity of the proposed amateur radio station antenna to inhabited buildings and the nature of existing uses on nearby properties.

e. The design of the proposed antenna, with particular reference to design features that may reduce visual impacts, particularly in residential zones.

2. Required Findings. Conditional use permits for amateur radio antennas shall be reviewed in accordance with AVMC 15.74.040. The following findings shall be made by the decision-making authority in conjunction with approval of a use permit for the antenna:

a. Consistency with General Plan. The antenna is consistent with the general plan and any applicable specific plan.

b. Consistency with Zoning Code. The antenna conforms to the permitted use provisions and development standards of this zoning code and is consistent with this code and any applicable specific plan.

c. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

d. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

e. Technological Necessity. The height, design, and configuration of the proposed antenna is technologically necessary to engage in amateur radio communications of the nature contemplated.

f. Constraints of the Site. Topographic or other constraints limit the feasibility of engaging in amateur radio communications with antennas permitted under subsection (B) of this section.

g. Reasonable Accommodation. The installation of the antenna is necessary to reasonably accommodate amateur radio communications.

h. Mitigation of Impacts. The placement and design of the antenna minimizes potential visual impacts on surrounding property owners to the extent feasible while reasonably accommodating amateur radio communications. [Ord. 2011-135 § 2 (Exh. A); Ord. 2011-134 § 3 (Exh. A)].