Chapter 17.31
AMATEUR RADIO ANTENNA INSTALLATIONS
Sections:
17.31.030 Regulations for amateur radio antenna installations and permits required.
17.31.040 Applications for antenna permits.
17.31.060 Antenna permit findings.
17.31.070 Exempt antenna installations.
17.31.080 Maintenance and abandonment.
17.31.010 Purposes.
The purpose of the regulations contained in this chapter is as follows:
A. To preserve visual access to major natural features, such as the surrounding hillsides, and ensure that all public and private development is compatible with the unique natural and manmade resources that give Poway its charm and character.
B. To provide the minimum practicable regulations necessary to satisfy the aesthetic, health, safety, and welfare concerns that have prompted these minimal restrictions on amateur radio antenna installations.
C. To reasonably accommodate amateur radio communications, to constitute the minimum regulations necessary to accomplish the purpose of this chapter, and to impose no unreasonable cost on the amateur radio operators.
D. To minimize the impact of the regulations on the right of individuals to engage in amateur radio antenna communication and to constitute the least intrusive means available to the City to mitigate potential adverse impacts on the safety and welfare of residents, and the quality and aesthetics of the community.
E. To avoid unreasonable limitation on amateur radio antenna communication and excessive costs associated with processing applications for permits and conditions imposed by those permits. (Ord. 771 § 8, 2014)
17.31.020 Definitions.
Whenever, in this chapter, the following terms are used they shall have the meaning ascribed to them in this section.
A. “Amateur radio antenna” means any antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.
B. “Antenna support structure” means an antenna’s supporting mast or tower, if any.
C. “Amateur radio antenna installation” means a single structural unit which is comprised of the antenna support structure, antennas, and other communication-related appurtenances. (Ord. 771 § 8, 2014)
17.31.030 Regulations for amateur radio antenna installations and permits required.
Amateur radio antenna installations (i.e., antenna installations) may be installed, erected and maintained within all residential zoning districts in the City in accordance with the provisions contained in this chapter. Unless specifically exempted pursuant to PMC 17.31.070, or otherwise specified herein, antenna installations shall comply with all of the following:
A. Height. Antenna installations over 65 feet in height shall require an antenna permit pursuant to PMC 17.31.040. Antenna installations up to 65 feet in height are permitted without the requirement to obtain an antenna permit and are subject to the regulations in subsections B and C of this section. For an antenna installation that is either mounted to any part of a building or mounted to the ground, height shall be measured from the ground level immediately adjacent to antenna installation to the highest point of the antenna installation.
B. Number. Unless exempted pursuant to PMC 17.31.070, a maximum of one antenna installation, which consists of an antenna support structure and antennas, is permitted per property. The single antenna installation may accommodate multiple antennas. Proposals for more than one antenna installation shall require an antenna permit pursuant to PMC 17.31.040.
C. Siting/Setbacks. Antenna installations may be mounted to any part of a building or mounted to the ground. No antenna installation shall be located within any front, street side, interior side, or rear building setback area that is required pursuant to the site’s underlying zoning designation. Additionally, in cases where the building has been situated a distance greater than the minimum front or street side setback, no antenna installation shall be located closer to the street than the building. Antennas that are attached to an antenna support structure may encroach into interior side and rear setback areas up to 50 percent of the required setback distance pursuant to the site’s underlying zoning designation. Proposals for antenna installations that do not comply with these provisions shall require an antenna permit pursuant to PMC 17.31.040.
D. Building Permit. A building permit may be required pursuant to the California Building Code as determined by the Building Official. (Ord. 771 § 8, 2014)
17.31.040 Applications for antenna permits.
Antenna installations that are greater than 65 feet in height, and/or do not comply with the provisions of PMC 17.31.030(B) and (C), require an antenna permit. Submittal of an antenna permit shall be on a form supplied by the Development Services Department and shall be accompanied by the following information and plans:
A. A site plan drawn to scale and dimensioned, showing the proposed location of the antenna installation in relation to property lines, setbacks, and any structures on the site, as well as the location of adjacent structures within 100 feet.
B. Specific details of any equipment associated with the antenna installation, such as footings, guy-wires and braces, including rooftop mounts, if applicable.
C. Elevations drawn to scale and dimensioned so as to fully describe the proposed antenna installation.
D. Written consent of the property owner.
E. A public notice package consisting of a map showing properties within a 500-foot radius of the site and a list of property owners. (Ord. 771 § 8, 2014)
17.31.050 Public notice.
A. For antenna installations up to 65 feet in height, which require a building permit, notice shall be provided to all property owners within 250 feet of the subject property. Notice shall be provided by the building permit applicant at the time the building permit application is submitted to the City. The applicant shall provide certification of the conducted notice to the City before the issuance of the building permit.
B. For antenna installations that require an antenna permit, the City Council shall calendar a public hearing on the application. The hearing shall be set and notice given as prescribed in PMC 17.46.050. (Ord. 771 § 8, 2014)
17.31.060 Antenna permit findings.
The City Council shall make the following findings before approving an antenna permit for an antenna installation greater than 65 feet in height and/or an antenna installation that does not comply with the provisions of PMC 17.31.030(B) and (C):
A. The design of the proposed antenna installation is the minimum necessary for the reasonable accommodation of the communication needs of the operator as set forth in Federal and/or State rules and regulations; and
B. There are no other feasible alternatives.
The applicant shall provide evidence necessary to document that the above findings can be met. (Ord. 771 § 8, 2014)
17.31.070 Exempt antenna installations.
The following shall be exempt from the requirements of this chapter:
A. Antenna installations legally established prior to the effective date of this chapter. Any increase in height to an existing antenna installation shall be subject to the requirements of this chapter, including the requirement to obtain an antenna permit if the increased height is greater than 65 feet.
B. Any antenna installation that is six feet or less in any dimension and not located within any front yard or street side yard setback area.
C. Guy-wire supports for an antenna support structure, and not located within any front yard or street side yard setback area.
D. Wire antenna of gauge number 12 or less affixed to a structure, other antenna, or tree, and not located within any front yard or street side yard setback area.
E. One temporary, non-permanently affixed, ground-mounted antenna installation up to 20 feet in height which is not located within any setback area that is required pursuant to the site’s underlying zoning designation.
F. Building-mounted antenna installations up to 10 feet above the roofline, but no more than 35 feet in height with horizontal elements that are no greater than six feet. (Ord. 771 § 8, 2014)
17.31.080 Maintenance and abandonment.
A maintenance and removal agreement shall be executed by the property owner for any antenna installation that requires a building permit. No building permit shall be issued until such agreement has been executed. The agreement shall be a continuing condition of the building permit. The agreement shall also bind the property owner and their successors and assigns to the installation as follows:
A. Maintenance of the antenna installation to ensure compliance with the building permit and/or antenna permit.
B. Maintenance of the antenna installation in safe and good repair.
C. Removal of the antenna installation for failure to maintain the installation and/or upon its abandonment, as determined by the City Manager. Removal shall occur within 90 days of written notification to the property owner. (Ord. 771 § 8, 2014)