HomeMy WebLinkAboutOrd 1267-2000V-' ORDINANCE NO. 1267-2000
AN ORDINANCE REPEALING CHAPTERS 20.77 AND 20.83
AND ADDING CHAPTER 20.105 ENTITLED "ANTENNA
AND TOWER REGULATIONS"
The City Council of the City of South San Francisco does hereby ordain as
follows:
Section 1:
Chapters 20.77 and 20.83 of the South San Francisco Municipal Code are hereby
repealed.
Section 2:
Them is hereby added to the Municipal Code of South San Francisco Chapter
20.105 entitled "Antenna and Tower Regulations", which is to read as follows:
"Section 20.105.010. Definitions.
As used in this ordinance, the following terms shall have the meanings indicated:
a. "Alternative tower structure" shall mean artificial trees, clock towers, bell
steeples, light poles and similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
b. "Antenna" shall mean any exterior apparatus designed for telephonic,
radio or television communications through the sending and/or receiving of
electromagnetic waves.
c. "FAA" shall mean the Federal Aviation Administration.
d. "FCC" shall mean the Federal Communications Commission.
e. "Governing authority" shall mean the City Council of the City of South
San Francisco.
f. "Preexisting towers and antennas" shall have the meaning set forth in
Section 20.105.020(c) of this Chapter.
g. "Height" shall mean, when referring to a tower or other structure, the
distance measured from the average ground level of the structure to the highest point on
the tower or other structure, even if said highest point is an antenna.
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h. "Tower" shall mean any structure that is designed or constructed primarily
for the purpose of supporting one or more antennas, including self-supporting lattice
towers, guy towers, or monopole towers. The term includes, but is not limited to, radio
and television transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures and the like.
Section 20.105.020. Applicability.
a. District Height Limitations. The height limitations for each zoning district
applicable to buildings and structures shall apply to all towers and antennas, except as
provided in this Chapter, and shall not apply to towers and antennas located on City
owned or leased property, nor to federally-licensed amateur radio stations.
b. Amateur Radio. This ordinance shall not govern any tower, or the
installation of any antenna, that is under seventy (70) feet in height and is owned and
operated by a federally-licensed amateur radio station operator.
c. Pre-existing Towers and Antennas. Any tower or antenna for which a
permit has been properly issued prior to the effective date of this ordinance shall not be
required to meet the requirements of this ordinance. Any such towers or antennas shall
be referred to in this ordinance as "preexisting towers" or preexisting antennas.
Section 20.105.030. General Guidelines and Requirements.
a. Purpose; Goals: The purpose of this ordinance is to establish general
guidelines for the siting of towers and antennas. The goals of this Chapter are to: (i)
encourage the location of towers in nonresidential areas; (ii) minimize the total number of
towers throughout the City; (iii) strongly encourage the co-location of new and existing
tower and antenna sites; (iv) encourage users of towers and antennas to locate them in
areas where there are no adverse impacts on the community; (v) encourage users of
towers and antennas to use the best available design and technology to eliminate all
adverse visual impacts of the towers and antennas; (vi) enhance the ability of the
providers of telecommunications services to provide such services to the community
quickly, effectively and efficiently; and (vii) to regulate the location of towers and
antennas to the extent permitted in accordance with Federal and State laws and
regulations.
b. Principal or Accessory Use. Antennas and towers may be considered
either principal or accessory uses. A different existing use or an existing structure on the
same lot shall not preclude the installation of an antenna or tower on such lot. For
purposes of determining whether the installation of a tower or antenna complies with
zoning district development regulations, including but not limited to setback
requirements, lot-coverage requirements, and other such requirements, the dimensions of
the entire lot shall control, even though the antennas or towers may be located on leased
parcels within such lots. Towers that are constructed, and antennas that are installed, in
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accordance with the provisions of this ordinance shall not be deemed to constitute the
expansion of a nonconforming use or structure.
c. Inventory of Existing Sites. Each applicant for an antenna or tower shall
provide to the Planning Division an inventory of its existing towers that are either within
the jurisdiction of the City or within one-quarter mile of the border thereof, including
specific information about the location, height, and design of each tower. The Planning
Division may share such information with other applicants applying for administrative
approvals or use permits under this ordinance or other organizations seeking to locate
antennas within the jurisdiction of the City, provided, however, that the Planning
Division is not, by sharing such information, in any way representing or warranting that
such sites are available or suitable.
d. Aesthetics. The guidelines set forth in this Section 20.105.030(d) shall
govern the location of all towers, and the installation of all antennas, regulated under this
ordinance; provided, however, that the Planning Commission may waive these
requirements if it determines that the goals of this ordinance are better served thereby.
(1) Blend With Surroundings. Antenna and tower facilities shall be
located, designed and screened to blend with the existing natural or built surroundings
and existing supporting structures.
(2) Painted to Match Support Structures. Attached antennas
(antennas affixed to an existing structure that is not considered a component of the
attached antenna) should be painted and/or textured to match the existing support
structure.
(3) Non-Reflective Materials. Antenna and tower support facilities
(i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed
out of non-reflective materials (visible exterior surfaces only) and shall be screened from
view by using landscaping, or materials and colors consistent with surrounding backdrop,
or placed underground to the extent possible.
(4) Equipment Shelter Facilities - One Story. Antenna equipment
shelter facilities shall be no taller than one story (fifteen feet) in height and shall be
treated to look like a building or facility typically found in the area.
(5) Equipment Shelter Facilities - Minimize Visual Impacts.
Antenna equipment shelter facilities in areas of high visibility shall, where possible, be
designed (i.e., placed underground, depressed, or located behind earth berms) to
minimize their profile.
(6) "Flat" Painting of Facilities. All buildings, poles, towers,
antenna supports, antenna and other components of each antenna and tower facility site
shall be initially painted and thereafter repainted as necessary with a "flat" paint. The
color selected shall be one that in the determination of the Chief Planner or Planning
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Commission, as appropriate, will minimize their visibility to the greatest extent feasible.
To this end, improvements which will be primarily viewed against soils, trees or
grasslands shall be painted colors matching these landscapes while elements which rise
above the horizon shall be painted a blue gray that matches the typical sky color at that
location.
(7) Architecturally Significant Structures. Antennas mounted on
architecturally significant structures or significant architectural details of the building
should be covered by appropriate casings, which are manufactured to match existing
architectural features on the building.
(8) Special Design Requirements. The City shall have the authority
to require special design features for the antenna facilities where findings of particular
sensitivity are made (e.g., proximity to historic or aesthetically significant structures,
views and/or community features).
(9) Lighting. Poles, towers and antenna supports shall not be
artificially lighted, unless required by the FAA or other applicable authority. If lighting
is required, the Planning Commission may review the available lighting alternatives and
approve the design that would cause the least disturbance to the surrounding views.
(10) Scale/Architectural Integration. Building mounted antennas and
any ancillary equipment should be in scale and architecturally integrated with the
building design in such a manner as to be visually unobtrusive.
(11) Roof Setbacks. Roof-mounted antennas, exclusive of satellite
dish antennas, shall maintain a 1:1 ratio for equipment setback (example: 10' high
antenna requires 10' setback from facade) unless an alternative placement or design
would reduce visual impact; antennas shall be treated or screened to match existing air
conditioning units, stairs, elevator towers, or other background; and placing roof mounted
antennas in direct line with significant view corridors shall be avoided.
Section 20.105.040. Permitted Uses.
a. General. The uses listed in this Section 20.105.040 are deemed to be
permitted uses in industrial and planned commercial zoning districts and shall not require
Planning Commission review unless the applicant seeks a modification of the guidelines
set forth in Section 20.105.030(d) Nevertheless, all such uses shall comply with Section
20.105.030(d) of this ordinance and all other applicable ordinances, unless a modification
is granted.
b. Specific Permitted Uses. The following uses are specifically permitted:
(1) Installing an antenna and associated facilities on an existing
structure other than a tower (such as a building, sign, light pole, water tower, or other
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freestanding nonresidential structure), so long as said additional antenna adds no more
than fifteen (15) feet to the height of said existing structure.
Section 20.105.050. Reserved.
Section 20.105.060. Minor Use Permits.
a. General.
(1) A minor use permit is required for the following circumstances:
(i) Installing an antenna on an existing tower of any height,
including a preexisting tower or the placement of additional buildings or other supporting
equipment used in connection with said antenna, so long as the addition of said antenna
adds no more than fifteen (15) feet to the height of said existing tower.
(2) In granting a minor use permit, the Chief of the Planning Division
may impose conditions to the extent he or she concludes such conditions are necessary to
minimize any adverse effect of the proposed tower on adjoining properties.
(3) Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical shall be certified by a licensed
professional engineer.
b. Information Required. Each applicant requesting a minor use permit
under this ordinance shall submit a scaled site plan, a scaled elevation view and other
supporting drawings, calculations, and other documentation, signed and sealed by
appropriate licensed professionals, showing the location and dimensions of all
improvements, including information concerning topography, radio frequency coverage,
tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses,
and other information deemed by the Chief of the Planning Division to be necessary to
assess compliance with this ordinance.
c. Factors Considered in Granting Minor Use Permits. The Chief of the
Planning Division shall consider the factors delineated in Section 20.105.070(c) of this
Chapter in determining whether to issue a minor use permit, although the Chief of the
Planning Division may waive or reduce the burden on the applicant of one or more of
these criteria if the Chief of the Planning Division concludes that the goals of this
ordinance are better served thereby.
d. Availability of Suitable Existing Towers or Other Structures. No tower
extension shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the Chief of the Planning Division that no existing tower or structure can
accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that
no existing tower or structure can accommodate the applicant's proposed antenna may
consist of that information identified in Section 20.105.070(d) of this Chapter.
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e. Separation. The following separation requirements shall apply to all tower
extensions for which a minor use permit is required; provided, however, that the Chief of
the Planning Division may reduce the standard separation requirements if the goals of
this ordinance would be better served thereby.
(1) In other than industrial or commercial zoning districts, tower
extensions resulting in a tower height of more than sixty-five (65) feet shall not be
located within one-quarter of a mile from any existing tower that is more than sixty-five
(65) feet in height.
f. Security Fencing. Towers shall be enclosed by security fencing not less
than six (6) feet in height and shall also be equipped with an appropriate anti-climbing
device provided, however, that the Chief of the Planning Division may waive such
requirements, as he or she deems appropriate.
g. Landscaping. The requirements identified in Section 20.105.070(g). shall
govern the landscaping surrounding towers for which a minor use permit is required;
provided, however, that the Chief of the Planning Division may waive such requirements
if the goals of this ordinance would be better served thereby.
h. Administrative Approval.
(1) Each applicant for administrative approval shall apply to the
Planning Division, providing the information set forth in Sections 20.105.060(b) and (d)
of this Chapter.
(2) The Planning Division shall respond to each such application
within a reasonable time after receiving it by either approving or denying the application.
(3) In connection with any such administrative approval, the Planning
Division may, in order to encourage shared use, administratively waive any side or rear
setback requirements by up to fifty percent (50%).
(4) If the administrative approval is denied, the applicant may appeal
said denial to the Planning Commission within fifteen (15) days of denial.
Section 20.105.070. Use Permits.
a. General.
(1) If a tower or antenna is not a permitted use or eligible for a minor use
permit, then a use permit shall be required for the construction of a tower or the
placement of an antenna in all zoning districts. In addition, a use permit is required for
the following circumstances:
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(a) Locating any tower or antenna on a site designed for shared use in
a zoning district other than industrial or planned commercial;
(b) Locating any alternative tower, tower or antenna, including the
placement of additional buildings or other supporting equipment used in connection with
said tower or antenna, in any industrial or planned commercial zoning district or a site
that is within 300 feet of a residential district boundary.
b. Information Required. Each applicant requesting a use permit under this
ordinance shall submit a scaled site plan, a scaled elevation view and other supporting
drawings, calculations, and other documentation, signed and sealed by appropriate
licensed professionals, showing the location and dimensions of all improvements,
including information concerning topography, radio frequency coverage, tower height
requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other
information deemed by the Chief of the Planning Division or Planning Commission to be
necessary to assess compliance with this ordinance.
c. Factors to be Considered in Granting Use Permits. The Planning
Commission shall consider the following factors, as appropriate, in determining whether
to issue a use permit, although the Planning Commission may waive or reduce the burden
on the applicant of one or more of these criteria if the Planning Commission concludes
that the goals of this ordinance are better served thereby.
(1) Height of the proposed tower;
(2) Proximity of the tower to residential structures, residential district
boundaries or historic structures;
(3) Nature of uses on adjacent and nearby properties;
(4) Surrounding topography;
(5) Surrounding tree coverage and foliage;
(6) Design of the tower and antenna, with particular reference to
design characteristics that have the effect of eliminating visual obtrusiveness;
(7) Proposed ingress and egress; and
(8) Availability of suitable existing towers and other structures as
discussed in Section 20.105.070(d) of this ordinance.
d. Availability of Suitable Existing Towers or Other Structures. No new
tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction
of the Planning Commission that no existing tower or structure can accommodate the
applicant's proposed antenna.
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e. Setbacks and Separation. The following setback and separation
requirements shall apply to all towers and antennas for which a conditional use permit is
required; provided, however, that the Planning Commission may reduce the standard
setbacks and separation requirements if the goals of this ordinance would be better served
thereby.
(1) Towers must be set back a distance equal to three times the height
of the tower from any off-site residential structure.
(2) Towers, guys, and accessory facilities must satisfy the minimum
zoning district setback requirements.
(3) In other than industrial or commercial zoning districts, towers
more than sixty-five (65) feet in height shall not be located within one-quarter of a mile
from any existing tower that is more than sixty-five (65) feet in height.
f. Security Fencing. Towers shall be enclosed by security fencing not less
than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device provided,
however, that the Planning Commission may waive such requirements, as it deems appropriate.
g. Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a use permit is required; provided, however, that the
Planning Commission may waive such requirements if the goals of this ordinance would
be better served thereby:
(1) Towers and equipment facilities shall be landscaped with a buffer
of plant materials that effectively screens views of the towers and equipment facilities
from adjacent residential property or from any public right-of-way, path or trail. The
standard buffer shall consist of a continuous landscaped strip that is a minimum depth of
four (4) feet outside the perimeter of the compound.
(2) Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases, such as towers sited on
large, wooded lots, natural growth around the property perimeter may be sufficient
buffer.
Section 20.105.080. Removal of Abandoned Antennas and Towers.
Any antenna or tower that is not operated for a continuous period of twelve (12)
months shall be considered abandoned, and the owner of such antenna or tower or the
owner of the property on which the facilities are sited shall remove same within ninety
(90) days of receipt of notice from the Chief Planner notifying the owners of such
abandonment. If such antenna or tower is not removed within said ninety (90) days, the
Chief Planner may cause such antenna or tower to be removed at the owners' expense. If
there are two (2) or more users of a single tower, then this provision shall not become
effective until all users cease using the tower.
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Section 20.105.090. Design and Construction Standards.
Every antenna and tower shall be designed and constructed to the standards
required by Code of Federal Regulations, the California Code of Regulations, and this
Chapter and to the satisfaction of the Chief Planner and the Chief Building Official. The
applicant shall be required to demonstrate to the Chief Planner and Chief Building
Official that it is using state of the art design techniques and state of the art technology to
maximize the "stealthiness" of the antenna and tower.' The applicant may be allowed to
use less than state of the art design techniques and technology only upon the showing of a
compelling reason for not doing so. If the applicant represents that the use of state of the
art design techniques and technology is financially infeasible, it shall be required to
provide a financial analysis that demonstrates the alleged unfeasibility.
Section 20.105.100. Enforcement and Penalty.
(a) The provision of this Chapter shall not be construed as removing or
limiting in any way the responsibility or liability of any person erecting, maintaining, or
owning any antenna or tower for personal injury or property damage resulting from the
negligence or willful acts of such persons, their agents, employees, or workers in the
construction, maintenance, repair, or removal of any such antenna; nor shall this Chapter
be construed as imposing upon the City, its officers or employees any responsibility or
liability by reason of the approval of any antenna, tower, or associated facilities under
this Chapter.
(b) It shall be the duty of the Chief Planner and the Chief Building Official to
enforce the provisions of this Chapter.
(c) Any person who violates any provision of this Chapter or fails to comply
with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor
and, upon conviction, shall be punished as set forth in Chapter 1.24 of this Code."
Section 3. Severability.
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections
or portions hereof shall remain in full force and effect.
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Section 4. Publication and Effective Date.
This Ordinance shall be published once, with the names of those City
Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general
circulation in the City of South San Francisco, as required by law, and shall become
effective thirty (30) days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San
Francisco, held the 22nd day of March, 2000.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting
of the City Council of the City of South San Francisco, held the 12th day of April, 2000
by the following vote:
AYES:
Councilmembers James L. Datzman, Eugene R. Mullin, and John R. Penna,
Mayor Pro Tem Joseph A. Femekes and Mayor Karyl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST: ~'~q6v,~.. ~. ~~-~
~City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 12~h day of April, 2000. ,
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