Ordinance No. 826ORDINANCE NO. 826
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING §13.4 "SATELLITE
DISH ANTENNAS," OF THE CODE OF THE CITY
OF CYPRESS PROVIDING FOR THE REGULATION
OF ALL ANTENNAS WITHIN THE CITY.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 13.4, "Satellite Dish Antennas," of
Appendix I, "Zoning," of the Code of the City of Cypress is
hereby amended to read as follows:
"Section 13.4. Antennas.
Section 13.4 -1. Definitions.
A. Antenna. "Antenna" means any system
of wires, poles, rods, reflecting
discs or similar devices used for
the transmission, reception or both
of electromagnetic radiation waves.
B. Amateur Radio Antenna. "Amateur
radio antenna" means any antenna
used to receive and /or transmit
radio signals on the amateur radio
bandwidth, as designated by the
Federal Communications Commission.
C. Reception Window. "Reception
window" means the area within the
direct line between a satellite
antenna and those orbiting
communications satellites carrying
available programming.
D. Satellite Antenna. "Satellite
antenna" means any antenna used to
receive and /or transmit radio or
television signals from orbiting
communication satellites.
Section 13.4 -2. Exempt Antennas.
Antennas meeting the following standards
and specifications are exempt from the
requirements of this Section:
A. Common skeletal type radio and
television antenna used to receive
UHF, VHF, AM and FM signals of off -
air broadcasts from radio and
television stations.
Section 13.4 -3. Location of Antenna in
Residential Zones. Antennas located in
the residential zones of the City shall
conform to the following standards:
A. All ground- mounted antennas shall be
required to maintain their
supporting structures at least five
(5) feet from any property line and
ten (10) feet from any other
structure.
B. All ground- mounted antennas shall be
screened by walls, fences or
landscaping at least six (6) feet in
height obscuring visibility of the
antenna. Landscaping shall be of a
type and variety capable of growing
within one (1) year to a landscape
screen which obscures the visability
of the antenna.
C. All antennas and their supporting
structures shall be located in the
rear yard or any side yard, except a
street side yard.
D. No antenna or its supporting
structure shall be located in the
area between the front property line
and the dwelling.
E. No antenna shall be higher than
thirty -five (35) feet above grade
level, except satellite antennas
which shall not exceed fifteen (15)
feet in height. Antennas exceeding
thirty -five (35) feet may be
approved provided the antenna is of
the retractable variety, that the
antenna is retractable to below the
thirty -five (35) feet height limit,
and the applicant executes a use
agreement providing that the antenna
will only be extended during actual
use of said antenna.
F. A maximum of two antennas including
exempt antennas shall be allowed per
lot.
G. All roof - mounted antennas are
prohibited.
Section 13.4 -4. Location of Antennas in
Commercial Zones. Antennas located in
the commercial zones of the City shall
conform to the following standards:
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A. All ground- mounted antennas shall be
required to maintain their
supporting structures at least five
(5) feet from any property line and
ten (10) feet from any other
structure.
B. All ground- mounted antennas shall be
screened by walls, fences or
landscaping at least six (6) feet in
height obscuring visibility of the
antenna. Landscaping shall be of a
type and variety capable of growing
within one (1) year to a landscape
screen which obscures the visability
of the antenna.
C. All antennas and their supporting
structures shall be located in the
rear yard or any side yard, except a
street side yard.
D. No antenna or its supporting
structure shall be located in the
area between the front property line
and the main structure or building.
E. No antenna shall be higher than the
maximum height permitted in the zone
measured from grade level except
satellite antennas which shall not
exceed 15 feet in height.
F. A maximum of two antennas, including
exempt antennas, shall be allowed
per lot.
G. No antenna shall be roof - mounted
except on a flat portion of the roof
structure with parapets, and /or
architecturally matching screening
plan.
Section 13.4 -5. Location of Antennas in
Industrial Zones. Antennas located in
the industrial zones of the City shall
conform to the following standards:
A. All ground- mounted antennas shall be
required to maintain their
supporting structures at least five
(5) feet from any property line and
ten (10) feet from any other
structure.
B. All ground- mounted antennas shall be
screened by walls, fences or
landscaping at least six (6) feet in
height obscuring visibility of the
antenna. Landscaping shall be of a
type and variety capable of growing
within one (1) year to a landscape
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screen which obscures the visability
of the antenna.
C. All antennas and their supporting
structures shall be located in the
rear yard or any side yard, except a
street side yard.
D. No antenna or its supporting
structure shall be located in the
area between the front property line
and the main structure or building.
E. No antenna shall be higher than the
maximum height permitted in the zone
measured from grade level, except
satellite antennas which shall not
exceed 15 feet in height.
F. A maximum of two antennas, including
exempt antennas, shall be allowed
per lot.
G. No antenna shall be roof - mounted
except on a flat portion of the roof
structure with parapets, and /or
architecturally matching screening
plan.
Section 13.4 -6. Location in Public and
Semi - Public Zones. Antennas located in
the public and semi - public zones of the
City shall conform to the following
standards:
A. All ground- mounted antennas shall be
required to maintain their
supporting structures at least five
(5) feet from any property line and
ten 10) feet from any other
structure.
B. All ground- mounted antennas shall be
screened by walls, fences or
landscaping at least six (6) feet in
height obscuring visibility of the
antenna. Landscaping shall be of a
type and variety capable of growing
within one (1) year to a landscape
screen which obscures the visability
of the antenna.
C. All antennas and their supporting
structures shall be located in the
rear yard or any side yard, except a
street side yard.
D. No antenna or its supporting
structure shall be located in the
area between the front property line
and the main structure or building.
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E. No antenna shall be higher than the
maximum height permitted in the zone
measured from grade level, except
satellite antennas which shall not
exceed fifteen (15) feet in height.
F. A maximum of two antennas, including
exempt antennas, shall be allowed
per lot.
G. No antenna shall be roof - mounted
except on a flat portion of the roof
structure with parapets, and /or
architecturally matching screening
plan.
Section 13.4 -7. Required criteria and
performance standards. The following
regulations shall apply to the
establishment, installation and operation
of antennas in all zones:
A. Antennas shall be installed and
maintained in compliance with the
requirements of the Building Code.
Antenna installers shall obtain a
building permit prior to
installation.
B. No advertising material shall be
allowed on any antenna.
C. All electrical wiring associated
with any antenna shall be buried
underground or hidden in a manner
acceptable to the Building Official.
D. No portion of an antenna array shall
extend beyond the property lines or
into any front yard area. Guy wires
shall not be anchored within any
front yard area but may be attached
to the building.
E. 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.
F. Every antenna must be adequately
grounded, for protection against a
direct strike of lightning, with an
adequate ground wire. Ground wires
shall be of the type approved by the
latest edition of th Electrical Code
for grounding masts and lightning
arrestors and shall be installed in
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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 must 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 must 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.
G. A wind velocity test shall be
required, if deemed necessary by the
Building Official.
Section 13.4 -8. Variances. Pursuant to
the procedures of Section 17.3 -1 et sect.
of the Code of the City of Cypress, any
person may seek a variance from the
provisions of this Ordinance. No fee
shall be charged to an applicant for a
variance that is required solely for the
purposes of complying with this
Ordinance. Any variance so granted is
revocable for failure by the applicant or
property owner to comply with the
conditions imposed. A variance shall be
issued for an antenna if it meets the
following standards:
A. 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 such obstruction or
interference involves factors beyond
the applicant's control; or, the
cost of meeting the specifications
of this Section is excessive, given
the cost of the proposed antenna.
B. The variance application includes a
certification that the proposed
installation is in conformance with
applicable City Building Code
regulations. Furthermore, the
application must contain written
documentation of such conformance,
including load distributions within
the building's support structure and
certified by a registered engineer.
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C. If it is proposed that the antenna
will be located on the roof, where
possible, the antenna shall be
located on the rear portion of the
roof and be consistent with
neighboring improvements, uses, and
architectural character."
Section 13.4 -9. Non - Conforming
Antennas. All antennas, in any zone,
lawfully constructed and erected prior to
the effective date of this Ordinance,
which do not conform to the requirements
of the provisions of this Chapter for the
particular zone in which they are
located, shall be accepted as non-
conforming uses for a period of one (1)
year from the date of adoption of this
Ordinance. Thereafter, the antennas
shall be subject to abatement as set
forth below via removal, modification, or
relocation to comply with the standards
of this Ordinance. Any antenna
constructed, or erected in violation of
this Ordinance or any prior law,
ordinance, or regulation shall be subject
to immediate abatement.
Section 13.4.10. Notice of Non -
Conforming Antennas.
(a) Upon the determination of the
Planning or Public Works Director
that the provisions of this Chapter
apply to a given parcel of land on
which an antenna is located, the
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.
(b) The notice provided for in this
Section shall state that the
property and antenna in question is
a non - conformity, shall state the
date of abatement established in
Section 13.4.9, shall state that an
administrative hearing will be held
before the Design Review Committee,
and shall state the date of such
hearing.
Section 13.4 -11. Hearing.
(a) Within sixty (60) days after
the issuance of the notice
prescribed in Section 13.4 -10, the
Design Review Committee shall hold
an administrative hearing to
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determine whether the nonconformity
should be abated or whether a time
extension should be granted as
provided in Section 13.4 -15.
(b) The Design Review Committee
shall receive written and oral
testimony at such hearing in regard
to abatement.
(c) At the close of the hearing,
the Design Review Committee 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
Section 13.4 -10, and if not, what
term for abatement should be
provided as specified in Section
13.4 -15.
(d) The Design Review Committee
shall also find and determine
whether the structure encompassing
the nonconforming use can
economically be used in its present
condition or can successfully be
modified for a purpose permitted in
the zone in which it is located.
Section 13.4 -12. Decision and Order.
The decision of the Design Review
Committee 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.
Section 13.4 -13. Right of Appeal. The
decision of the Design Review Committee
may be appealed to the City Council
within fifteen (15) days of the order,
provided, however, that the appeal period
shall not commence until service of the
order.
Section 13.4 -14. Recordation of Order.
After the conclusion of all appeals,
notice of the decision and order of the
Design Review Committee, or the City
Council in the case of an appeal, shall
be recorded with the County Recorder of
the County of Orange.
Section 13.4 -15. Extension of Time.
(a) The Design Review Committee and
the City Council on appeal shall
grant an extension of the time for
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abatement of nonconformity where it
finds that an unreasonable hardship
would otherwise be imposed on the
property owner.
(b) The Design Review Committee and
the 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:
(1) The nature of the use.
(2) The amount of the owner's
investment in improve-
ments.
(3) The convertibility of
improvements to permitted
uses.
(4) The character of the
neighborhood.
(5) The detriment, if any,
caused to the neighborhood
by continuance of the
nonconforming use.
(6) The amount of time needed
to amortize the
investment.
Section 13.4 -16. Proof of
Amortization. The Design Review
Committee and the 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.
Section 13.4 -17. Relocation. Where the
Design Review Committee 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 Ordinance for the zone 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.
Section 13.4 -18. Antennas Used for
Transmission Purposes.
(a) Except as provided in
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subsection (b) below, prior to the
approval by the City for the
installation of any non - exempt
antenna, the applicant must submit a
written statement that the antenna
will not be used for transmission
purposes; or, that the use of the
antennas for transmission purposes
will not exceed EIRP levels of 80
dBW.
(b) Antennas used for transmission
purposes which exceed EIRP levels of
80 dBW may be approved by the Design
Review Committee, suject to the
imposition of reasonable conditions
to protect the applicant and the
public health and safety. Resonable
conditions shall include, but not be
limited to, fencing, screening,
warning signs, partial submersion
below ground level, and other like
conditions.
(c) Any applicant aggrieved by a
decision of or condition imposed by
the Design Review Committee, may
appeal that decision or condition
pursuant to Section 18.5 of this
Code."
SECTION II. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION III. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and
to give notice thereof by causing copies of this Ordinance
to be posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council
of said City held on the llth day of September
1989 and finally adopted and order posted at a regular
meeting held on the 25th day of September
1989.
is 4JM, aet#441/
• /' OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK O'' THE Q'ITY OF CYPRESS
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 25th day
of September , 1989, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK F THE CITY OF CYPRESS