HomeMy Public PortalAboutOrd. 1633ORDINANCE NO. 1633
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING ARTICLE 80,
ARTICLE 200, AND APPENDIX A OF CHAPTER 25 RELATING TO
ANTENNAS INCLUDING THE CONSTRUCTION, MODIFICATION, OR
PLACEMENT OF WIRELESS COMMUNICATION FACILITIES
WHEREAS, the Lynwood Municipal Code does not currently contain adequate
regulations for the development of wireless communications facilities within the City;
and
WHEREAS, the City's current zoning regulations pertaining to antennas were
last amended in March of 2005 and since that time there have been numerous and
substantial technological advances in the wireless communications industry and
significant changes in the regulatory authority local jurisdictions have over
communication facilities and antennas; and
WHEREAS, the Lynwood City Council finds and determines that the purpose of
this ordinance is to establish comprehensive guidelines for the permitting, placement,
design and maintenance of antennas in all zones within the City. These regulations are
intended to prescribe clear, reasonable and predictable criteria to assess and process
applications in a consistent and expeditious manner, while reducing impacts associated
.with antennas. The ordinance provides standards necessary for the preservation of land
uses within the City, while allowing for the orderly and efficient deployment of antennas
in accordance with state and federal laws, rules and regulations; and
WHEREAS, these the ordinance governs the processing of all antennas with the
intent to ensure that antennas and related facilities are properly sited and designed, with
regulations to promote orderly development, and ensure that these facilities are
compatible with surrounding land uses; and
WHEREAS, the City has been receiving an increased number of applications for
the installation of wireless communications facilities within the City; and
WHEREAS, the it has been determined that the proposal is categorically exempt
from the provisions of the California Environmental Quality Act ( "CEQA "), pursuant to
Sections 15060(c)(2) and 15061(b)(3) of the State Guidelines, and.
WHEREAS, the City Council has considered the Planning Commission's
recommendation and all of the written and oral testimony offered at the public hearing
held on August 10, 2010 concerning the proposed ordinance; and
WHEREAS, the City Council desires to enact regulations to guide the
installation of wireless communications within the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Article 80 of Chapter 25 of the Lynwood Municipal Code is hereby
deleted and the new Article 80 is to read in its entirety as follows:
"Article 80 Antennas
§ 25 -80.1 Purpose and Intent
§ 25 -80.2 Exempt Antennas
§ 25 -80.3 Approval Requirements
§ 25 -80.4 General Standards
§ 25 -80.5 Development Standards
§ 25 -80.6 Review and Approval Process
§ 25 -80.7 Satellite Antennas, Amateur Radio Communication Facilities
§ 25 -80.8 Antennas Used for Transmission Purposes
§ 25 -80.9 Variance for Exceptions
§ 25 -80.10 Non - conforming Antennas
§.25 -80.11 Abandonment of Antenna
§ 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 division and in standards that may be enacted by resolution
pursuant to this division.
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 division 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
sitting, design, modification and maintenance of communications facilities
as allowed under state law and the 1996 Telecommunications Act, as may
be amended.
§ 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 antenna. Common skeletal -type radio and television antenna 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 10 feet 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.
§ 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 of Chapter 25.
(a) Antennas not located within a residential zoning district nor 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 a 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; or
(d) Antennas that comply with all applicable development criteria and
performance standards contained in this Article 80 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 25- 80.3(B)(1) above shall
be subject to a conditional use permit in compliance with standards herein
and Article 130 of Chapter 25 of the Lynwood Municipal Code.
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.
§ 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 "804::. 7,7 m
Zoning District
Auto Parking,
Development
Hospital -
Standards
Residential
Commercial,
Manufacturing,
Medical - Dental,
Public
Facilities, Open
Space
1.
Distance from
5 feet
5 feet
5 feet
Property Linea
2.
Distance from
10 feet
5 feet
5 feet
Other
Structures (other
than roof top
antennas)
3.
Minimum
6 feet
6 feet
6 feet
Screening
Height for
equipment
shelter or similar
ground mounted
devices
4.
Allowable
Rear setback
Rear or side
Rear or side
Setback
setback,
setback,
Location
5.
Maximum
35 feet
60 feet unless
50 feet unless
Heightb
attached to an
attached to an
existing legal
existing legal
conforming
conforming
structure, then the
structure, then
maximum height
the maximum
allowed shall be
height allowed
no more than 10
shall be no
feet above said
more than 10
structure if fully
feet above said
stealthed.
structure if fully
stealthed.
6.
Maximum
2 unless all
3 unless all
2 unless all
Number of
antennas are
antennas are
antennas are
Antennas or
sheathed and
sheathed and
sheathed and
Antenna Array
installed onto the
installed 'onto the
installed . onto
per Parcel
same structure in
same structure in
the same
(including
which case 3
which case 4 shall
structure in
exempt
shall be
be permitted.
which case 3
antennas)`
permitted.
shall be
permitted.
7.
Roof - mounted
Prohibited without
Yes, if mounted
Yes, if mounted
Antennas
major variance as
on flat portion of
on flat portion
Allowed
provided for at
roof with parapets
of roof with
section 25 -80.9
or other screening
parapets or
and any
that matches
other screening
applicable permit
architectural
that matches
features of
architectural
structure
features of
structure
8.
Communications
Prohibited without
Conditional Use
Conditional Use
Facilitiesd
major variance as
Permit required
Permit required
provided for at
section 25 -80.9
and a
Conditional Use
Permit and any
other applicable
permit
9.
Maximum
0
1
1
Number of Free
Standing
Towers'
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 §§ 65850.6 & 65,964 shall be permitted as provided
therein.
(d) All wireless communications facilities shall have a minimum
setback of 500 feet from a residential zoning district unless fully stealthed
and attached to or on an existing legal conforming structure and shall be
500 feet from another free standing wireless communications facility,
tower, school or day care.
§ 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 of the Lynwood Municipal code,
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 15 minutes. Said testing shall
only be conducted between the hours of 9:00 am to 3:00 pm. 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 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, Article 11 of the Lynwood Municipal
Code 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 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 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.
§ 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 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 & 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 take into account all other facilities within 2,000 feet,
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) above.
(2) Applicants shall be required to comply with Chapter 25, 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 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.
§ 25 -80.7 Satellite antennas, amateur radio communication facilities, and
citizen band (CS) radio antennas.
Non - exempt 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,
non - glossy 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 (5) feet from the rear lot line, and at least fifteen (15) feet
from any street side property line;
(b) Dish antennas larger than one meter (thirty -nine (39) inches) 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 (35) feet,
measured from finished grade. Antennas exceeding thirty -five (35) feet in
height may be approved provided that antenna is of the retractable variety,
that the antenna is retractable to below thirty -five (35) feet, 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 (40) feet,
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 (35) feet 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 (5) feet from
the rear lot line and at least fifteen (15) feet 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, non - glossy 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 (35) feet in
overall height measured from finished grade; and
(b) Citizen band radio antennas shall comply with requirements
provided in subsection 25- 80.7(6), items 4. through 9, above.
(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 a penalty in compliance with
section 30 (Enforcement).
(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 division. A citizen's 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 citizens band radio
regulations.
§ 25 -80.8 Reserved.
§ 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)
of this Chapter 25, 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 app'licant'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- 1356 -6.
§ 25 -80.10 Non - conforming 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 of
Chapter 25. 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 of this Article. 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.
§ 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 -month period or a total of twelve (12) months over a consecutive thirty -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 -day period shall be in
violation of this section, shall constitute a pubic 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 paragraph A above, the
city may remove the facility and shall bill the antenna owner for all costs including any
administrative of 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."
Section 2. Section 1 "Definitions," of Article 200 of Chapter 25 (§ 25- 200 -1) of
the Lynwood Municipal Code is hereby amended by deleting the following definitions:
Amateur Radio Antenna
Antenna
Satellite Antenna
Section 3. Section 1 "Definitions," of Article 200 of Chapter 25 (§ 25- 200 -1) of
the Lynwood Municipal Code is hereby amended by adding the following definitions:
Amateur radio communication facility. A facility for amateur radio .
communications that includes noncommercial antennas operated by a federally
licensed amateur radio operator.
Antenna. A device used in communications that transmits and /or receives radio,
satellite or television signals, including but not limited to panel parabolic, antenna
panels and whip antennas.
Antenna Array. Several antennas connected and arranged in a regular structure
to form a single antenna and installed simultaneously by single carrier, provider
or business.
Citizen band (CB) radio service. A two -way voice communication service that
does not require a license from the Federal Communications Commission
(FCC).
Co- location. The locating of multiple antennas on a single ground- mounted, roof -
mounted, or structure - mounted facility.
Equipment shelter. The room, cabinet or building used to house, equipment,
cabling or other devices related to or associated with an antenna(s) or
communications facility.
Ground - mounted. Mounted to a pole, monopole, lattice tower, or other
freestanding structure specifically constructed for the purposes of supporting
antennas and /or microwave dishes.
Microwave. Spectrum frequencies from a one to three hundred (300) gigahertz;
highly directional when used for radio frequency transmissions. Uses relatively
low transmitter power levels when compared to other forms of transmission.
Monopole. A structure composed of a single spire used to support antennas and
related equipment.
Radio frequency emissions or RF emissions. An emission of wireless
communication caused by the movement of electromagnetic energy through
space, which lies in the frequency range form three (3) kilohertz to three hundred
(300) gigahertz. This term is also used interchangeably with electromagnetic
fields (EMF).
Stealth facility. A communications facility that is designed to blend into the
surrounding environment and to be visually unobtrusive. Examples of stealth
facilities may include architecturally screened roof - mounted antennas, facade
mounted antennas painted and treated as architectural elements to blend with an
existing structure. Also known as concealed communications facilities.
Structure - mounted. Mounted to, or as part of, a structure (e.g., a building, church
steeple, freestanding sign, water tank, etc.).
Tower. A structure intended to support equipment used to transmit and /or
receive signals including monopoles, guyed and lattice construction steel
structures.
Utility mounted. An antenna attached to a public utility structure.
Wireless communications facility or communications facility. A public or private
structure that supports antennas, microwave dishes, and other related equipment
for sending and /or receiving radio and television signals. These facilities may
support a variety of services, including: cellular telephone; personal
communication services (PCS) and networks; paging; dispatching enhanced
specialized mobile radio; distributed antennas system (DAS); television; radio;
internet or broadband services; and all other wireless communications, except for
satellite earth station antennas, amateur (ham) radio communication, facilities,
and citizen band radio antennas which are incidental to the primary use and meet
the standards in subsection 25 -80.7 (Satellite antennas, amateur radio
communication facilities, and citizen band (CB) radio antennas).
Section 4. Appendix A to Chapter 25 of the Lynwood Municipal Code is
hereby amended as follows:
The row on page A6 beginning "Cellular Telephone Towers" shall be deleted entirely.
A new row shall be inserted after "Wire Fabrication" and shall be titled "Wireless
Communications Facilities" and in that same row there shall be a "C" entered in the
following designated columns "P1,° "C2, "C2A," C3,° "PCD," "CB1," "M," "HMD," "PF
and "OS." In addition, "Wireless Communications Facilities" shall be followed by an
asterisk indicating a footnote below. Below the table there shall be the following: "*
Wireless communications facilities may be permitted after a site plan review in
accordance with Article 80 of Chapter 25" to appear as follows:
ZONING DISTRICT
R
R
R
R
P
C
C
C
P
C
M
H
P
O
1
2
3
P
1
2
2
3
C
B
M
F
S
LAND USE
D
A
D
1
D
Wire Fabrication
P
Wireless
C
C
C
C
C
C
C
C
C
C
Communications
Facility'
Wood Products P
Manufacturing
Wireless communications facilities may be permitted after a site plan review in accordance
with Article 80 of Chapter 25"
Section 5. Except as expressly modified pursuant to this Ordinance, all
provisions of the Lynwood Municipal Code shall remain unmodified and in full force and
effect.
Section 6. If any section, subsection, clause or phrase of this ordinance is for
any reason, held to be unconstitutional, or otherwise invalid, such decision shall not
affect the validity of the remaining sections of this ordinance. The City Council hereby
declares that it would have passed this ordinance and each section, subsection,
sentence, clause and phrase thereof irrespective of the fact that any one or more other
sections, subsections, sentences, clauses or phrases be declared unconstitutional.
Section 7. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of the proceedings of the City Council at which the same is passed and adopted. This
ordinance shall be in full force and effect thirty (30) days after its final passage and
adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it
to be published in a newspaper of general circulation.
First read at a regular meeting of the City Council held on the 7th day of September,
2010 and adopted and ordered published at a regular meeting of said Council on 5th day
of October, 2010.
PASSED, APPROVED and ADOPTED this 5th day of October, 2010.
Maria T. Santillan, Mayor
ATTEST:
Maria Quinonez, Ci y Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
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APPROVED AS TO CONTENT:
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Jon'at Colin, Director of
Development Services
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 5th day of October, 2010.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES:
_ H,
ABSENT:
i
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1633 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 5`h day of October, 2010.
Maria Quinonez, City Clerk