HomeMy WebLinkAbout88-6 - Adding Chapter 20.77 Regarding Amateur Radio Antennas (Planning Commission Amendment No. 627)❑I
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ORDINANCE NO. 88 -6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADDING CHAPTER 20.77
REGARDING AMATEUR RADIO ANTENNAS
(Planning Commission Amendment No. 627)
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1:
Chapter 20.77 is hereby added to the Newport Beach Municipal
Code to read as follows:
Sections:
Section 20.77.005
Section 20.77.010
Section 20.77.020
Section 20.77.030
Section 20.77.035
Section 20.77.040
Section 20.77.050
Section 20.77.060
Section 20.77.070
Section 20.77.075
Section 20.77.080
tion 20.77.005. Findings.
Findings.
Definitions.
Permitted Use.
Development Standards.
Application for Permit.
Issuance of Permit.
Appeal.
Fees.
Notice.
Nonconforming Antennas.
Separability.
The City Council of the City of Newport Beach, in adopting
this Ordinance, finds and declares as follows:
A. The Federal Communications Commission 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
purposes.
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B. Amateur radio antennas differ from other antenna,
such as roof - mounted television antenna, in terms of their size,
O shape, weight and foundation requirements, and these factors
raise aesthetic, safety and welfare concerns that warrant special
regulation.
C. The regulation of amateur radio antenna, as
provided in this ordinance, is necessary to the health, safety
and welfare of persons living, working and owning property in the
City of Newport Beach in that:
1. The unique charm and beauty of the
residential, waterfront commercial, and recreational areas of the
City of Newport Beach contribute to high property values and
constitute the basis for a large percentage of the City's
economy. The failure to maintain, and enhance, the charm and
beauty of Newport Beach could result in reduced property values
and reduced revenue for those businesses that serve the many
visitors to Newport Beach.
O 2. The Land Use Policies in the General Plan and
Zoning Ordinances of the City of Newport Beach seek to maintain
and enhance those qualities that make Newport Beach one of the
most desirable places to live, work or visit. According to the
General Plan policies of the City of Newport Beach, a primary
objective is to preserve and protect those areas, buildings,
structures or natural resources which are of historic, cultural,
or aesthetic value to the community. The General Plan requires
the adoption of zoning ordinances and other controls to preserve
visual access to major natural features, such as the ocean and
bay, and insure that all public and private development is
compatible with the unique natural and manmade resources that
give Newport Beach its charm and character.
3. The unique charm and character of Newport
Beach is preserved, in large measure, by ordinances, policies and
regulations which, among other things, restrict and regulate the
height and location of structures, related facilities or
Oequipment and landscaping.
4. Amateur radio antennas, due to their height,
size, and overall appearance, have the potential to block or
impair views of natural and manmade features of importance to the
public and owners of property if left unregulated. The antennas,
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because of their height and unique appearance, tend to dominate
the landscape and reduce visual open space. The overall
O appearance of amateur radio antennas is inconsistent with the
character and aesthetics of many of the existing residential,
commercial and recreational areas within Newport Beach and the
proliferation of such antennas could significantly reduce the
charm and beauty of those areas, reduce property values, reduce
income derived from tourism, and reduce the number of job
opportunities available in the City.
D. The provisions of this Ordinance also protect the
safety of persons living, and working, in Newport Beach in that
free - standing amateur radio antennas do pose a threat to the
safety of persons or property in the vicinity in the event of
collapse. The provisions of this Ordinance, will help insure
that amateur radio antennas are installed in a manner that
insures the safety and security of persons and property living or
working nearby.
E. The provisions of this Ordinance represent the
minimum practical regulation necessary to satisfy the aesthetic,
O health, safety and welfare concerns that have prompted these
minimal restrictions on amateur radio antennas.
F. It is the intent of the City Council that this
ordinance be administered and interpreted to reasonably
accommodate amateur radio communications, to constitute the
minimum regulation necessary to accomplish the purposes of this
Ordinance, and to impose no unreasonable cost on the amateur
radio operators.
Section 20.77.010. Definitions.
A. Amateur Radio Antenna. The term "amateur
radio antenna" shall mean any antenna which is used for the
purpose of transmitting and receiving radio signals in
conjunction with an amateur radio station licensed by the Federal
Communications Commission.
O B. Antenna Structure. The term "antenna
structure" refers collectively to an antenna and its supporting
mast or tower, if any.
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Section 20.77.020. Permitted Use.
Amateur radio antennas, structures and masts that
comply with the development standards specified in Section
20.77.030 are permitted as an accessory use in all zoning
districts subject to issuance of any other appropriate permit.
Amateur radio antennas, structures and masts which do not conform
to Section 20.77.030 shall be permitted subject to first securing
an amateur radio antenna permit, and any other appropriate
permits.
Section 20.77.030. Development Standards.
A. Lowering device.
All amateur radio antennas, capable of a maximum
extended height in excess of 40 feet, with the exception of whip
antennas, shall be equipped with a motorized device and
mechanical device, each capable of lowering the antenna to the
maximim permitted height when not in operation.
B. Permitted height.
(1) The height of an antenna shall be
measured from natural grade at the point the mast touches, or if
extended would touch, the ground.
(2) When in operation, no part of any
amateur radio antenna shall extend to a height of more than 75
feet above natural grade of the site on which the antenna is
installed.
(3) When not in operation, no part of any
amateur radio antenna, excepting whip antennas, shall extend to a
height of more than 28 feet measured above natural grade of the
site on which the antenna is installed.
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C. Mast. The term "mast" shall mean a pole of
wood or
metal,
or a tower fabricated of metal, used to support an
Oamateur
radio
antenna and maintain
it at the proper elevation.
D. Whip Antenna.
The term "whip antenna" shall
mean an
antenna
consisting of
a single, slender, rod -like
element,
less
than one wave length
long, which is supported only
at or near
its
base.
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Section 20.77.020. Permitted Use.
Amateur radio antennas, structures and masts that
comply with the development standards specified in Section
20.77.030 are permitted as an accessory use in all zoning
districts subject to issuance of any other appropriate permit.
Amateur radio antennas, structures and masts which do not conform
to Section 20.77.030 shall be permitted subject to first securing
an amateur radio antenna permit, and any other appropriate
permits.
Section 20.77.030. Development Standards.
A. Lowering device.
All amateur radio antennas, capable of a maximum
extended height in excess of 40 feet, with the exception of whip
antennas, shall be equipped with a motorized device and
mechanical device, each capable of lowering the antenna to the
maximim permitted height when not in operation.
B. Permitted height.
(1) The height of an antenna shall be
measured from natural grade at the point the mast touches, or if
extended would touch, the ground.
(2) When in operation, no part of any
amateur radio antenna shall extend to a height of more than 75
feet above natural grade of the site on which the antenna is
installed.
(3) When not in operation, no part of any
amateur radio antenna, excepting whip antennas, shall extend to a
height of more than 28 feet measured above natural grade of the
site on which the antenna is installed.
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C. Number permitted.
OOne amateur radio antenna structure and one whip
antenna shall be permitted on each building site.
D. Siting /Setbacks.
The antenna structure shall be located on site in
a manner which will minimize the extent to which the structure is
visible to nearby residents and members of the general public.
Antenna structures shall be considered to satisfy this criteria
if:
1. No portion of the antenna structure or
mast is located within any required setback area; and
2. No portion of the antenna structure or
mast is within the front 40% of that portion of the building site
that abuts a street; and
3. In the event a building site abuts two
O or more streets, the mast is not located within the front 40% of
that portion of the building site where primary access is
provided to the property.
ection 20.77.035. Application for Permit.
The development standards in Section 20.77.030 may be
waived or modified by the Planning Director upon application for
an amateur radio antenna permit. The application shall be on a
form supplied by the Planning Department and shall be accompanied
by the following information, maps and plans:
(1) Site plans drawn to scale and dimensioned,
showing the proposed location of the antenna.
(2) Manufacturer's specifications of the antenna
structure.
O(3) Details of footings, guys, and braces.
(4) Details of attaching or fixing the antenna to
the roof (if applicable).
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0
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(5) Elevations drawn to scale and dimensioned so
as to fully describe the proposed structure.
(6) Statement of the
conformance with the development standards
20.77.030 will unreasonably interfere with
to receive or
the amateur r
the equipment.
transmit signals or impose
9io operator when viewed in
reasons why strict
specified in Section
the operator's ability
unreasonable costs on
light of the cost of
Section 20.77.040. Issuance of Permit.
The Planning Director shall issue an amateur radio
antenna permit if the applicant demonstrates that strict
compliance with the development standards specified in Section
20.77.030 would unreasonably interfere with the applicant's
ability to receive or transmit signals, would impose unreasonable
costs on the operation when viewed in light of the cost of the
equipment, or that strict compliance with the development
standards is not, under the circumstances of the particular case,
necessary to achieve goals and objectives of this Ordinance. In
granting the permit, the Planning Director may impose conditions
reasonably necessary to accomplish the purposes of this
Ordinance, provided those conditions do not unreasonably
interfere with the ability of the applicant to receive or
transmit signals or result in extensive cost or expense.
Section 20.77.050. Appeal.
An applicant for an amateur radio antenna permit may
appeal a decision of the Planning Director to the Planning
Commission. The appeal must be filed within thirty (30) days
after written notice of the decision of the Planning Director.
The Planning Commission may preside over the appeal, or may
appoint a hearing officer to take evidence and submit proposed
findings and recommendations to the Planning Commission. The
Planning Commission shall render a decision within thirty (30)
days after the hearing or receipt of findings and recommendations
from the hearing officer. In the event the applicant is not
satisfied with the decision of the Planning Commission, the
applicant may appeal to the City Council by filing written notice
of appeal with the City Clerk within twenty -one (21) days
following notice of the action of the Planning Commission. The
hearing before the City Council shall be set within thirty (30)
days from the date of the appeal. The City Council may appoint a
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hearing officer to take evidence and make findings and
recommendations if the Planning Commission presided over the
O hearing. The City Council shall render its decision within
thirty (30) days after the hearing on the appeal. The decision
of the City Council shall be final.
Section 20.77.060. Fees.
No person shall be charged a fee for applying for a
amateur radio antenna permit. Reasonable fees for an appeal to
the Planning Commission or City Council shall be established by
resolution of the City Council.
Section 20.77.070. Notice.
A. Whenever notice is required pursuant to the
provisions of this Chapter, notice shall be deemed given when a
decision is announced at the hearing on any appeal or when
written notice of the decision or intent to appeal is deposited
in the United States mail, first class, postage prepaid, and, in
the case of an applicant, addressed as specified on the
Oapplication for permit.
B. Notice of an application for a building or other
permit necessary to construct a new, or modify an existing,
amateur radio antenna, structure or mast, shall be given to all
owners of real property (as shown on the latest equalized
assessment roll) located within 100 feet of the parcel on which
the proposed antenna, structure or mast is to be located and
notice shall also be given to affected homeowner's association
registered with the City.
Section 20.77.075 Nonconforming Antennas.
Amateur radio antennas, antenna structures, and masts
in existence as of the effective date of this ordinance may
continue to be used without complying with the provisions of this
ordinance except as herein provided and shall be considered a
legal nonconforming use. Amateur radio antennas, antenna
O structures, and masts that are a legal nonconforming use shall
comply with the provisions of Section 20.77.030B (Permitted
Height) to the extent that they are capable of doing so without
modification. Amateur radio antennas, antenna structures and
masts may be enlarged, expanded or relocated only if brought into
compliance with the provisions of this ordinance, unless the
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expansion, enlargement or relocation is necessary to permit
reasonable use of the amateur radio equipment served by the
O antenna and, in such event, an amateur radio antenna permit shall
be obtained before any expansion, enlargement or relocation.
Section 20.77.080. Separability.
If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remainder of the Ordinance.
Section 2: The City Clerk shall cause the same to be
published once in the official newspaper within fifteen (15) days
after its adoption. The Ordinance shall become effective
on April 27 , 1988.
Section 3: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 14th day of March , 1988, and adopted on the 28th
Oday of March , 1988, by the following vote, to -wit:
L
AYES, COUNCILMEMBERS Cox, Hart, Maurer,
Sansone, Strauss, Turner
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS Plummer
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