[SCCC] [TowerTalk] [Fwd: Anyone know the CURRENT Los Angeles County Zoning Rule for Twr HGT?]

[Ken Widelitz]

http://municipalcodes.lexisnexis.com/codes/lacounty/

Part 13 AMATEUR RADIO ANTENNAS

22.52.1400 Purpose.
The purpose of this part is to assure that amateur radio antennas are
designed and located in a way that avoids hazards to public health and
safety and minimizes adverse aesthetic effects, while reasonably
accommodating amateur radio communications. (Ord. 95-0017 § 1 (part), 1995.)

22.52.1410 Definitions.
A. Amateur Radio Antenna. The term “amateur radio antenna” shall mean any
antenna, including a whip antenna, which 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 Structure. The term “antenna structure” refers collectively to an
antenna and its supporting mast or tower, if any.
C. Mast. The term “mast” shall mean a pole of wood or metal, or a tower
fabricated of metal, used to support an amateur radio antenna and maintain
it at the proper elevation.
D. Whip Antenna. The term “whip antenna” shall mean an antenna consisting of
a single, slender, rod-like element, which is supported only at or near its
base. (Ord. 95-0017 § 1 (part), 1995.)

22.52.1420 Permitted use.
Amateur radio antennas, structures and masts which comply with the
development standards specified in Section 22.52.1430 are permitted as an
accessory use in all zoning districts. Amateur radio antennas, structures,
and masts which do not comply with the development standards specified in
Section 22.52.1430 may also be permitted, subject to first securing an
amateur radio antenna permit. (Ord. 95-0017 § 1 (part), 1995.)

22.52.1430 Development standards.
A. Lowering Device. All amateur radio antenna structures, capable of a
maximum extended height in excess of 35 feet (inclusive of tower and mast),
with the exception of whip antennas, shall be equipped with a motorized
device and mechanical device, each capable of lowering the antenna to the
maximum permitted height when not in operation.
B. Permitted Height.
1. The height of an antenna structure shall be measured from natural grade
at the point the mast touches, or if extended, would touch, the ground.
2. When in operation, no part of any amateur radio antenna structure shall
extend to a height of more than 75 feet above natural grade of the site on
which the antenna structure is installed.
3. When not in operation, no part of any amateur radio antenna structure,
excepting whip antennas, shall extend to a height of more than 35 feet as
measured above natural grade of the site on which the antenna is installed.
C. Number Permitted. One amateur radio antenna structure, and one whip
antenna over 35 feet, shall be permitted on each building site.
D. Siting. The antenna structure shall be located on site in a manner which
will minimize the extent to which the structure is visible to nearby
residents and members of the general public. Antenna structures shall be
considered to satisfy this criteria if:
1. No portion of the antenna structure or mast is located within any
required setback area; and
2. No portion of the antenna structure or mast is within the front 40
percent of that portion of the building site that abuts a street; and
3. In the event a building site abuts two or more streets, the antenna
structure or mast is not located within the front 40 percent of that portion
of the building site where primary access is provided to the property, or
within 20 feet of any other abutting street or public right-of-way.
E. Installation and Maintenance.
1. All antenna structures shall be installed and maintained in compliance
with applicable building standards.
2. All antennas and their supporting structures shall be maintained in good
condition.
3. All ground-mounted antennas and their supporting structures shall be
permanently installed. (Ord. 95-0017 § 1 (part), 1995.)

22.52.1440 Application for permit.
A. The development standards in Section 22.52.1430 may be waived or modified
by the issuance of an amateur radio antenna permit, except that no
application for a permit shall be filed or accepted if final action has been
taken within one year prior thereto by the planning director on an
application requesting the same, or substantially the same permit. The
application shall be on a form supplied by the planning department and shall
be accompanied by the following information, maps and plans:
1. Site plans drawn to scale and dimensioned, showing the proposed location
of the antenna structure;
2. Manufacturer’s specifications of the antenna structure;
3. Details of footings, guys, and braces;
4. Details of attaching or fixing the antenna structure to the roof, if
applicable;
5. Elevations drawn to scale and dimensions so as to fully describe the
proposed structure;
6. A statement indicating any mitigation measures proposed to minimize any
adverse effects of the antenna or antenna structure. Such measures may
include screening, painting, increased setbacks from property lines, and
safety devices;
7. A statement of the reasons why strict conformance with the development
standards specified in Section 22.52.1430 will unreasonably interfere with
the operator’s ability to receive or transmit signals, or impose
unreasonable costs on the amateur radio operator when viewed in light of the
cost of the equipment;
8. A list, certified to be correct by affidavit or by a statement under
penalty of perjury, of the names and addresses of all persons who are shown
on the latest available assessment roll of the county of Los Angeles as
owners of the subject parcel of land and as owning property within a
distance of 500 feet from the exterior boundaries of the parcel of land to
be occupied by the amateur radio antenna use;
9. Two sets of mailing labels for the above-stated owners within a distance
of 500 feet of the parcel of land to be occupied by the antenna;
10. A map drawn to a scale specified by the director indicating where all
such ownerships are located;
11. A filing fee equivalent to the fee for site plan review of residential
site plans in hillside areas, as prescribed by Section 22.60.100.
B. A copy of the application materials shall be referred by the planning
director to the fire department for review and comment prior to issuance of
the permit. (Ord. 95-0017 § 1 (part), 1995.)

22.52.1450 Issuance of permit.
The planning director shall issue an amateur radio antenna permit if the
applicant demonstrates that strict compliance with the development standards
specified in Section 22.52.1430 would unreasonably interfere with the
applicant’s ability to receive or transmit signals, or would impose
unreasonable costs on the operation when viewed in light of the cost of the
equipment, or that strict compliance with the development standards is not,
under the circumstances of the particular case, necessary to achieve the
goals and objectives of this part. In granting the permit, the planning
director may impose conditions reasonably necessary to accomplish the
purposes of this part, provided those conditions do not unreasonably
interfere with the ability of the applicant to receive or transmit signals,
or impose unreasonable costs on the amateur radio operator when viewed in
the light of the cost of the equipment. (Ord. 95-0017 § 1 (part), 1995.)

22.52.1460 Notice.
Notice of the issuance of an amateur radio antenna permit by the planning
director shall be given to all owners of real property, as shown on the
latest equalized assessment roll, located within five hundred feet of the
parcel on which the proposed antenna, structure or mast is to be located and
notice shall also be given to any affected homeowner’s association
registered with the planning department. (Ord. 95-0017 § 1 (part), 1995.)

22.52.1470 Appeal.
An applicant for an amateur radio antenna permit, or other interested
person, may appeal a decision of the planning director to the planning
commission. The appeal must be filed within the time period set forth in,
and subject to all of the other provisions of Part 5 of Chapter 22.60. The
planning commission shall conduct a public hearing on any appeal and the
decision of the planning commission shall be final and effective on the date
of the decision and shall not be subject to further administrative appeal.
(Ord. 2008-0026 § 3, 2008: Ord. 95-0017 § 1 (part), 1995.)

22.52.1480 Appeal fees.
The appellant shall pay the processing fee prescribed by Section 22.60.230.
(Ord. 95-0017 § 1 (part), 1995.)

22.52.1490 Nonconforming antennas.
Amateur radio antennas, antenna structures, and masts in existence as of the
effective date of the ordinance codified in this part may continue to be
used without complying with the provisions of this part except as provided
in this section and shall be considered a legal nonconforming use. Amateur
radio antennas, antenna structures, and masts that are a legal nonconforming
use shall comply with the provisions of Section 22.52.1430 to the extent
that they are capable of doing so without modification. Existing amateur
radio antennas, antenna structures and masts may be enlarged, expanded or
relocated only if brought into compliance with the standards of Section
22.52.1430 of this part. In the absence of such compliance of proposed
expansion, enlargement or relocation, an amateur radio antenna permit shall
be required. (Ord. 95-0017 § 1 (part), 1995.)