Article 80 ANTENNAS

ARTICLE 80
ANTENNAS

25-80-1 PURPOSE AND INTENT:

A. These provisions are intended to establish criteria for the design, modifications and maintenance of antennas including communications facilities within the city as specifically set forth in this article and in standards that may be enacted by resolution pursuant to this article.

B. These provisions are further intended to implement the land use regulation of telecommunications facilities as permitted pursuant to the 1996 Federal Telecommunications Act. As such, these provisions are not intended to unduly restrict or unreasonably interfere with the development of the competitive wireless communications marketplace within the city.

C. The standards and guidelines established for antennas, towers and/or wireless communications facilities in this article are intended to promote the following goals:

1. Ensure the health, safety and general welfare of the community while enabling the installation of antennas to serve the city’s residents and business community.

2. Ensure a communications network that will serve an effective role in the city’s emergency response system and generally provide full service coverage for personal wireless communications services.

3. Protect the visual character of the city through careful design, landscaping, and innovative camouflaging techniques for antennas.

4. Encourage the installation of new towers and antennas in the commercial and manufacturing zones.

5. Limit the proliferation of new towers by permitting the construction of new towers only after all other reasonable opportunities have been exhausted and to encourage the co-location of antennas so as to minimize adverse visual impacts.

6. Provide for the uniform application of standards and guidelines for the siting, design, modification and maintenance of communications facilities as allowed under state law and the 1996 Telecommunications Act, as may be amended. (Ord. #1633, §1)

25-80-2 EXEMPT ANTENNAS:

The following types of noncommercial, receive-only antennas shall be exempt from the requirements of this section:

A. Skeletal-Type Antennas: Common skeletal-type radio and television antennas that are:

1. Used to receive UHF, VHF, AM, and FM signals of off-air broadcasts from radio and television stations;

2. Ground-mounted or roof-mounted; and

3. Not higher than ten feet (10') above the roof ridgeline.

B. Satellite Earth Stations Antennas: Satellite earth stations antennas, which are designed to receive broadcast signals directly from orbiting satellites, are exempt from this section as follows unless otherwise stated herein:

1. In residential zoning districts, satellite earth stations antennas that are one meter or less in diameter.

2. In commercial and industrial zoning districts, satellite earth stations antennas that are two (2) meters or less in diameter.

3. When technically feasible, exempt satellite earth stations antennas shall not be placed in a front yard area, at the front of the building or home which the antenna serves, or in any other location visible from the public right-of-way. (Ord. #1633, §1)

25-80-3 APPROVAL REQUIREMENTS:

A. Exempt antennas shall not require city review/approval.

B. Two-Tier Approval Process: All antennas including communications facilities that are not exempt shall be subject to the following two-tier process.

1. Antennas Subject To Site Plan Review: Antennas that meet all of the following criteria shall be subject to site plan review in compliance with article 150.

a. Antennas not located on a property used for residential purposes.

b. Antennas not requiring the construction of a tower or other supporting structure or an antenna that is being installed onto an existing building or structure.

c. Antennas or communications facilities incorporating a stealth design in which antennas are:

i. Flush-mounted on an existing structure and painted or otherwise concealed; or

ii. Incorporated into a design element (e.g., identification monument, screened by an architectural treatment such as a parapet, or sign) and not visible from nearby properties or the right-of-way.

d. Antennas that comply with all applicable development criteria and performance standards contained in this article and applicable specific plans.

e. All related equipment, including shelters, vaults, storage sheds or buildings, fencing or other associated devices, are underground or otherwise not visible from nearby properties or the public right-of-way where technologically feasible.

2. Antennas Requiring A Conditional Use Permit: Antennas that are not exempt or do not meet the criteria of subsection (B)(1) of this section shall be subject to a conditional use permit in compliance with standards herein and article 130. Reasonable conditions may be imposed to protect nearby properties and the public health, safety, and general welfare. Reasonable conditions shall include fencing, screening, warning signs, maintenance, and other conditions. (Ord. #1633, §1; Ord. #1675, §3)

25-80-4 GENERAL STANDARDS:

A. General Standards: Table 25-80-4 identifies the development standards applicable to antennas including communications facilities located in the city. Where there is uncertainty about the zoning or zone boundaries, section 25-5-3 shall govern.

TABLE 25-80-4
Development Standards		Zoning District
Development Standards		Residential	Commercial, Manufacturing	Auto Parking, Hospital-Medical-Dental, Public Facilities, Open Space
1.	Distance from Property Linea	5 feet	5 feet	5 feet
2.	Distance from Other Structures (other than roof top antennas)	10 feet	5 feet	5 feet
3.	Minimum Screening Height for equipment shelter or similar ground-mounted devices	6 feet	6 feet	6 feet
4.	Allowable Setback Location	Rear setback	Rear or side setback	Rear or side setback
5.	Maximum Heightb	35 feet	60 feet unless attached to an existing legal conforming structure, then the maximum height allowed shall be no more than 10 feet above said structure if fully stealthed	50 feet unless attached to an existing legal conforming structure, then the maximum height allowed shall be no more than 10 feet above said structure if fully stealthed
6.	Maximum Number of Antennas or Antenna Array per Parcel (including exempt antennas)c	2 unless all antennas are sheathed and installed onto the same structure in which case 3 shall be permitted	3 unless all antennas are sheathed and installed onto the same structure in which case 4 shall be permitted	2 unless all antennas are sheathed and installed onto the same structure in which case 3 shall be permitted
7.	Roof-Mounted Antennas Allowed	Prohibited without major variance as provided for at section 25-80-9 and any applicable permit	Yes, if mounted on flat portion of roof with parapets or other screening that matches architectural features of structure	Yes, if mounted on flat portion of roof with parapets or other screening that matches architectural features of structure
8.	Communications Facilitiesd	Prohibited without major variance as provided for at section 25-80-9 and a Conditional Use Permit and any other applicable permit	Conditional Use Permit required	Conditional Use Permit required
9.	Maximum Number of Freestanding Towers	0	1	1

Table 25-80-4 footnotes:

a Antennas, not including any structural footings or towers, may be located closer than five feet (5') to a property line if the adjacent property is publicly owned or zoned open space, if approved by the planning commission.

b All antennas and towers must comply with CALUP and as such a lower height may be required for said compliance.

c Any proposed co-located antennas that meet the criteria of Government Code sections 65850.6 and 65964 shall be permitted as provided therein.

d All wireless communications facilities shall have a minimum setback of five hundred feet (500') from a residential zoning district unless fully stealthed and attached to or on an existing legal conforming structure and shall be five hundred feet (500') from another freestanding wireless communications facility, tower, school or day care.

(Ord. #1633, §1)

25-80-5 DEVELOPMENT STANDARDS:

The following regulations shall apply to the establishment, installation, and operation of antennas including wireless communications facilities in all zoning districts:

A. Compliance With Building And Electrical Codes: Antennas shall be installed and maintained in compliance with the requirements of the city’s building code, electrical code and any duly adopted code including the California Building Code and California Electrical Code. Specifically, and in addition to compliance with all other codes, wireless communications facilities shall comply with section 3108 of the California Building Code. Antenna installers shall obtain a building permit and an electrical permit before installation.

B. Advertising Prohibited: Advertising material shall not be allowed on wireless communications facilities or on any antennas.

C. Traffic Signals: Antennas shall not be permitted to be installed on traffic signals within the city.

D. Undergrounding: Electrical wiring associated with an antenna shall be buried underground or hidden in a manner acceptable to the development services director or his or her designee. To the extent technologically feasible, all vaults, equipment, shelters, structures, or any other device related to or required for use of an antenna, related structure or wireless communications facility shall be underground unless approved by the planning commission but in no event shall said equipment or devices be above ground where all other utilities are required to be underground. Where technologically feasible the use of microwave dishes shall be prohibited and underground lines utilized.

E. Aesthetically Compatible: All antennas and associated equipment shall be aesthetically compatible with surrounding uses and shall be designed and/or located so as to avoid any adverse visual impacts arising from the proposed use. The antennas and supporting structure and equipment shall be a color that blends the antennas to the natural setting and built environment and helps camouflage the antennas.

F. Noise: No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance at chapter 3-12, except for in emergency situations requiring the use of a backup generator or monthly testing of said generator if the testing lasts no longer than fifteen (15) minutes. Said testing shall only be conducted between the hours of nine o’clock (9:00) A.M. to three o’clock (3:00) P.M. In all emergency situations, the city shall be immediately notified of the use of a backup generator. In no event shall use of the emergency generator be permitted for longer than three (3) days without prior written approval of the development services director.

G. Projections And Anchoring In Setback Areas: No antenna array may extend beyond any property lines or into a front setback area. Guy wires may be attached to the structure but shall not be anchored within a front setback area. No guy wires shall be utilized in the public right-of-way unless alternate designs are unfeasible.

H. Design Considerations: The antenna, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Cellular, PCS, and other wireless communications facilities shall be designed to be compatible with the surrounding physical environment by blending with the existing architecture and landscaping and by being as unobtrusive as possible.

I. Specific Plans: All antennas shall comply with any applicable and adopted specific plans.

J. Redevelopment Plans: All antennas shall comply with any applicable and adopted redevelopment plan. In addition, all proposed antennas in a redevelopment plan area shall be reviewed and approved by the director of redevelopment.

K. Equipment Shelter And Landscaping: All ground-mounted antennas shall be screened by walls, fences, trellises or landscaping at least six feet (6') in height so as to completely screen, camouflage and/or obscure visibility of the equipment shelter, or any other ground-mounted equipment, from public view. The equipment shelter shall be designed so as to be harmonious with and blend with the natural features, and be compatible with buildings and structures surrounding such structure. In addition and when applicable, landscaping shall be of a type and variety and installed at sufficient size to be capable of growing within one year to a landscape screen which obscures the visibility of the antenna. Irrigation shall also be installed when needed to maintain landscaping and shall be subject to chapter 14-11 governing water conservation. No chain link fence shall be permitted.

L. Electrical Requirements: Every antenna shall be adequately grounded with an adequate ground wire for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches (2'') from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter’s Laboratories, Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors shall be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.

M. Annual Performance Certification: For all wireless communications facilities, an annual certification shall be required to be submitted to the development services director, in accordance with the requirements of section 25-80-6A(3), and annually thereafter, at said operator’s cost, which provides that said facilities radio frequency emission levels meet Federal Communications Commission (FCC) requirements.

N. Terms Of Lease Agreements: Co-location of cellular, PCS, and other wireless communications facilities shall be encouraged. Lease agreements shall not include exclusive rights that would prohibit co-location where it is technically feasible.

O. Maintenance: No antenna, equipment shelter, tower or related structure or device shall be permitted to fall into disrepair or maintained in a manner that is unsightly or interferes with the reasonable enjoyment of adjacent property owners. All said structures and devices shall be continually maintained to prevent rust, chipped or peeling paint. (Ord. #1633, §1)

25-80-6 REVIEW AND APPROVAL PROCESS:

A. Application Requirements For Design Review:

1. Site Plan: A site plan shall consist of elevation drawings indicating the height, diameter, color, setbacks, landscaping, method of screening, and color photo simulations showing the before and after effects of the proposed facility on the subject site. Existing poles, towers, and/or antennas shall also be shown. No plans shall include depictions of future antennas, nor shall future antennas be approved, unless specifically identified by the applicant in a separate written statement to the development services director or planning commission as applicable.

2. RF Emissions Report: The report shall be written in plain English and be signed by a radio frequency engineer and prepared pursuant to Federal Communications Commission, Office of Engineering and Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The report shall include anticipated RF emissions and, unless a smaller radius is approved in writing, the report shall take into account all other facilities within two thousand feet (2,000'), both existing and known future facilities, the cumulative effects of co-located facilities and existing nearby buildings and structures. This report shall be available to the public for review.

3. Property Owner Approvals: Where the communications facility is located on property owned by someone other than the applicant, the applicant shall present documentation that the owner of the property has granted an easement or entered into a long-term lease for the proposed facility which provides vehicular or other necessary access to the facility. A letter of intent or affidavit may be submitted to meet the requirement of this subsection.

4. Code Compliance: No antenna shall be installed until such time as the property is brought into compliance with the Lynwood Municipal Code.

5. Wind Load Analysis: As deemed necessary by the building official, analysis of the wind loads shall be required, as governed by section 3108.4 of the California Building Code. Based on the results of the analysis, the building official may impose additional conditions to address safety concerns.

6. Performance And Removal Bond: A faithful performance bond shall be required to ensure compliance with city code and standards and the removal of abandoned antenna facilities before the issuance of building permits or public works permits.

7. Applications: The applicant shall submit all other information and documents required by the city’s application for antennas. In addition, the applicant shall submit a business license application or application for encroachment permit when applicable.

B. Application Requirements For Conditional Use Permit:

1. Applicants shall be required to comply with subsection A of this section.

2. Applicants shall be required to comply with article 130 (Conditional Use Permits). Any decision to deny a request to place, construct or modify a wireless communications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the planning commission.

3. Applicants shall also be required to comply with the following:

a. Maps And Significant Gap: All applicants shall provide a map showing the area within the city that will be serviced by the proposed communications facility and a statement as to the nature of the service to be provided. In the event that the applicant seeks to fill a gap in service, the applicant shall submit a statement in writing providing a definition of the term “significant gap” as it applies to the proposed facility; identifying the size of the area, in units of square miles, of the claimed significant gap; a map with the geographic boundary of the claimed significant gap area; and map showing all of applicant’s existing communications facilities in the city within a reasonable distance of the claimed significant gap.

b. Alternative Site Analysis: Any applicant seeking to install a new communications facility shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co-location. The analysis shall also explain the rationale for selecting the proposed site. For all feasible co-location sites, the applicant shall provide evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant’s letter(s) as well as response(s), or a statement from the applicant detailing all responses received, shall be included with the application as a means of demonstrating the need for a new tower.

c. Preferred Zones: The applicant shall demonstrate, with substantial evidence, that it has exhausted all reasonable efforts to locate a site in the commercial, manufacturing, auto parking, hospital-medical-dental or public facilities zones and/or it is not feasible to install the proposed antenna on a site in said zones.

C. Applicant shall bear the costs associated with the review including the costs incurred as a result of the need to hire an expert or consultant to review the data or information provided by the applicant as required herein or related application. (Ord. #1633, §1)

25-80-7 SATELLITE ANTENNAS, AMATEUR RADIO COMMUNICATION FACILITIES, AND CITIZEN BAND (CB) RADIO ANTENNAS:

Nonexempt satellite earth stations antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas shall be located, constructed, installed and maintained in the following manner:

A. Satellite Earth Stations Antennas: Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) as follows:

1. Antennas shall not be located within required front or side yard setback areas. In addition, no portion of an antenna shall extend beyond the property lines.

2. The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, shall be compatible with the appearance and character of the surrounding neighborhood.

3. Electrical and antenna wiring shall be placed underground whenever possible.

4. In residential zoning districts, antennas shall be subject to the following standards:

a. Antennas shall be located only within the rear yard of the site, at least five feet (5') from the rear lot line, and at least fifteen feet (15') from any street side property line;

b. Dish antennas larger than one meter (thirty-nine inches (39'')) shall not be placed on or attached to residential structures;

c. Antennas shall not project or overhang into areas in which antennas are not allowed to locate;

d. The antennas shall be used for private, noncommercial purposes only.

5. In nonresidential zoning districts, antennas may be roof- or ground-mounted and shall be screened from view from public streets.

B. Single Pole/Tower Amateur Radio Communication Facilities: Single pole/tower amateur radio communication facilities shall be designed, constructed, installed and maintained in the following manner:

1. The maximum overall height shall not exceed thirty-five feet (35'), measured from finished grade. Antennas exceeding thirty-five feet (35') in height may be approved; provided, that the antenna is of the retractable variety, that the antenna is retractable to below thirty-five feet (35'), and the applicant executes an agreement, in a form approved by the city attorney, stating that the antenna will only be extended during actual use of the antenna;

2. Where a parcel has one pole/tower structure greater than forty feet (40'), measured from finished grade, in overall height (including antennas), only one additional pole/tower structure shall be allowed with an overall height not to exceed thirty-five feet (35') measured from finished grade (including antennas);

3. The pole/tower and/or antennas may be roof- or ground-mounted;

4. The pole/tower and/or antennas may not be located in any required front or side yard setback areas;

5. The pole/tower and/or antennas shall be located at least five feet (5') from the rear lot line and at least fifteen feet (15') from any street side property line;

6. The pole/tower and/or antennas shall not project or overhang into areas in which they are not allowed to locate;

7. The pole/tower and/or antennas shall be a natural metal finish or painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood;

8. The pole/tower and/or antennas shall be used for private, noncommercial purposes only; and

9. Operators shall comply with all applicable regulations, specifically those regulations related to radio interference with electronic devices as set forth by the Federal Communications Commission (FCC).

C. Citizen Band (CB) Radio: Citizen band radio antennas shall be designed, constructed, installed and maintained in the following manner except for antennas mounted on vehicles or to hand-held units:

1. Standards:

a. Citizen band radio antennas shall not exceed thirty-five feet (35') in overall height measured from finished grade; and

b. Citizen band radio antennas shall comply with requirements provided in subsections (B)(4) through (9) of this section.

2. Prohibition Of Certain Citizen Band Radios: It shall be a violation of this zoning ordinance to use citizen band radio equipment not authorized by the Federal Communications Commission or the unauthorized operation of citizen band radio equipment on a frequency between twenty-four (24) MHz and thirty-five (35) MHz and subject to penalties for violations under the enforcement and penalty provisions of the municipal code.

3. Exempt Stations: A station that is licensed by the Federal Communications Commission pursuant to section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this article. Citizen band radio equipment on board a “commercial motor vehicle,” as defined in section 31101 of title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizen band radio regulations. (Ord. #1633, §1)

25-80-8 RESERVED:

(Ord. #1633, §1)

25-80-9 VARIANCES FOR EXCEPTIONS:

A. Criteria For Granting Variances:

1. An applicant may seek a variance from the provisions this article in compliance with either article 135 or article 140 (major or minor variance), as applicable. A variance granted for compliance purposes is revocable for failure by the applicant or property owner to comply with the conditions imposed.

2. A major variance may be issued for an antenna if it meets the following applicable standards:

a. The applicant shall demonstrate that the facility and/or antenna must be located and designed as proposed in order to service the applicant’s gap in service. The applicant shall submit an explanation and supporting engineering data proving that a tower or antenna as proposed is technologically necessary.

b. If seeking a variance from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary and shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height permitted herein. It shall also address whether the additional height would be required if the facility were located at a different site. The purpose of this analysis is to ensure that additional height is permitted only when technically necessary for the provision of services.

c. Locating the antenna in conformance with the specifications of this section would obstruct the antenna’s reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant’s control.

d. If the antenna is proposed to be located on the roof, where possible, the antenna shall be located on the rear portion of the roof unless completely stealthed and be consistent with neighboring improvements, uses, and architectural character.

e. The variance would not create a significant visual impact.

f. Granting the variance shall conform to the spirit and intent of this zoning code.

g. The variance request is consistent with the general plan of the city of Lynwood.

h. Granting the variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.

i. The planning commission, and the city council on appeal, shall not be required to make the findings listed at section 25-135-6. (Ord. #1633, §1)

25-80-10 NONCONFORMING ANTENNAS:

A. Nonconforming Antennas: All antennas, in any zone, lawfully constructed and erected prior to the effective date of this article, which do not conform to the requirements of the provisions of this article for the particular zoning district in which they are located, shall be accepted as nonconforming uses for a period of one year from the date of adoption of this article. Thereafter, the antennas shall be subject to abatement as set forth below via modification to comply with the standards of this article and shall be subject to site plan review approval in accordance with article 150. Only when modification is insufficient to meet the requirements of this article, antennas shall be subject to abatement via relocation or removal and shall be subject to a conditional use permit or site plan review approval in accordance with section 25-80-3. Any antenna constructed or erected in violation of this article or any prior law, ordinance, or regulation shall be subject to immediate abatement.

B. Notice Of Nonconforming Antennas:

1. Upon the determination of the development services director that the provisions of this article apply to a given parcel of land on which an antenna is located, the development services director or his/her designee shall send a notice thereof by United States certified mail, return receipt requested, to the owner thereof as shown on the last equalized assessment roll and shall cause such property to be posted with a similar notice.

2. The notice provided for in this section shall state that the property and antenna in question is a nonconformity, shall state the date of abatement established in subsection A of this section, shall state that an administrative hearing will be held before the planning commission and shall state the date of such hearing.

C. Hearing – Decision And Order – Appeal – Recordation Of Order:

1. Within sixty (60) days after the issuance of the notice prescribed in subsection B of this section, the planning commission shall hold an administrative hearing to determine whether the nonconformity should be abated or whether a time extension should be granted as provided in subsection D of this section.

2. The planning commission shall receive written and oral testimony at such hearing in regard to the abatement.

3. At the close of the hearing, the planning commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his/her investment in the term for abatement provided in subsection A of this section, and if not, what term for abatement should be provided as specified in subsection D of this section.

4. The planning commission shall also find and determine whether the structure encompassing the nonconforming use can be used economically in its present condition or can be modified successfully for a purpose permitted in the zoning district in which it is located.

5. The decision of the planning commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by United States certified mail, return receipt requested, within ten (10) days after the decision is rendered.

6. The decision of the planning commission may be appealed to the city council.

7. After the conclusion of all appeals, notice of the decision and order of the planning commission or the city council shall be recorded with the city clerk.

D. Extension Of Time:

1. The planning commission, or city council on appeal, shall grant an extension of the time for abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

2. The planning commission, or city council on appeal, shall consider the following factors, among others, in determining whether to grant an extension of time and the length of the term:

a. The nature of the use.

b. The amount of the owner’s investment in improvements.

c. The convertibility of improvements to permitted uses.

d. The character of the neighborhood.

e. The detriment, if any, caused to the neighborhood by continuance of the nonconforming use.

f. The amount of time needed to amortize the investment.

E. Proof of Amortization: The planning commission, or city council on appeal, shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including, but not limited to, the depreciation schedule attached to the owner’s latest federal income tax return.

F. Relocation: Where the planning commission finds that a nonconforming antenna, either in its present condition or as modified, can be used in compliance with the standards set forth in this article for the zoning district in which it is located, the nonconforming antenna may be granted an extension sufficient to permit it to relocate on the site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shall such extension be more than two (2) years. (Ord. #1633, §1)

25-80-11 ABANDONMENT OF ANTENNA:

A. When Facility Considered Abandoned: The operator of a communications facility or other antenna shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a consecutive six (6) month period or a total of twelve (12) months over a consecutive thirty (30) month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than thirty (30) days following the end of the applicable cessation period.

B. Removal By Owner/Operator: A written notice of the determination of abandonment shall be sent or delivered to the operator of the facility by the department. The operator shall have thirty (30) days to remove the facility or provide the department with evidence that the use has not been discontinued. The development services director shall review evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required thirty (30) day period shall be in violation of this section, shall constitute a public nuisance and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalty provisions of the municipal code.

C. Removal By City: In the event that an antenna is not removed within ninety (90) days after the applicable cessation period ends, as described in subsection A of this section, the city may remove the facility and shall bill the antenna owner for all costs including any administrative or legal costs incurred in connection with said removal. Once all costs have been paid by the antenna owner, any bond posted for removal shall be released. The city does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, nor bring an action for repayment of costs. (Ord. #1633, §1)