O1757CA:f:\atty\muni\laws\cesar\cbant29.ord
City Council Meeting July 2b, 1994 Santa Monica, California
-ORDINANCE NUMBER 1757
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CZTY OF SANTA MONICA
AMENDING ARTICLE IX, CHAPTER 9.04, SUBCHAPTER 9.04.10,
PART 9.04.10.06 OF THE SANTA MONICA MUNICIPAL CODE RELATING
TO THE REGULATION OF NONPARABOLIC AND PARABOLIC ANTENNAS
THE CITY COUNCIL OF THE CITY OF 5ANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 9.04.10.02.030 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.10.02.030 Buildinq Height and
Exceptions to Height Limit.
(a) The maximum allowable height shall
be measured vertically from the average
natural grade elevation to the highest point
of the roof. However, in connection with
development projects in the Ocean Park
Districts, building height shall be measured
vertically from the theoretical grade to the
highest point of the roof.
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(b) The following shall be permitted to
exceed the height limit in all zoning
districts except the R1 District:
(1) Vents, stacks, ducts, skylights
and steeples provided such projections do not
extend more than five (5) feet above the
permitted height in the District.
(2) Legally required parapets, fire
separation walls, and open work safety guard
rails that do not exceed 42 inches in height.
(3) Elevator shafts, stairwells, or
mechanical room enclosures above the roofline
if:
A. The enclosure is used
exclusively for housing the elevator,
mechanical equipment, or stairs.
B. The elevator shaft does not
exceed fourteen (14) feet in height above the
roofline and stairwell does not exceed
fourteen (14) feet in height above the height
permitted in the District.
C. The area of all enclosures
and other structures identified in
9.04.10.02.030 (b) (1) that extend above the
roofline shall not exceed 250 of the roof
area.
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D. The mechanical equipment
is screened, in conformance with Section
9.04.10.02.140.
E. The mechanical equipment
enclosure does not exceed twelve (12) feet in
height above the height permitted in the
District.
(4) The screening required pursuant
to the provisions of Section 9.04.10.02.140 of
tanks, ventilating fans, or other mechanical
equipment required to operate and maintain the
building provided the total area enclosed by
all screening does not exceed 30% of the roof
area.
(c) The following shall be permitted to
exceed the height limit in all zoning
districts:
(1) Chimneys may extend no more
than five (5) feet above the permitted height
in the district;
(2) One standard television receive
only nonparabolic antenna and one vertical
whip antenna may extend no more than twenty-
five (25) feet above the roofline, provided
that they are not located between the face of
the main building and an~ public street or in
3
any required front or side yard setback. All
other antennas shall be subject to the
provisions of Part 9.04.10.06.
SECTION 2. Part 9.04.10.06 of the Santa Monica Municipal Code
is amended to read as follows:
Part 9.04.10.06 Antennas.
9.04.10.06.010 Nonparabolic Antenna
Def initions .
(a) Antenna Array. A group of antenna
elements on the same geometric plane.
(b) Antenna, Commercial. An antenna in
any zoning district used in conjunction with
a business, commercial enterprise, trade,
calling, vocation, profession, occupation or
means of livelihood, whether or not carried on
for gain or profit,.includinq, but not limited
to public utilities, cellular telephone
communications or privately owned or publicly
supported AM or FM radio stations not
otherwise exempt from the provisions of the
Zoning Ordinance, cable television operations
or television broadcast stations, but
excluding FCC licensed amateur radio stations
and standard television receive only
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nonparabolic antennas.
(c) Antenna Element. Individual
components of an individual antenna.
(d) Antenna Height. The distance from
the grade of the property at the base of the
antenna or, in the case of a roofmounted
antenna, from the grade at the exterior base
of the building, to the highest point of the
antenna and its associated support structure
when fully extended.
(e) Antenna, noncommercial. An antenna
~ in any zoning district not used in conjunction
with a business, commercial enterprise, trade,
calling, vocation, profession, occupation, ar
means of livelihood, including, but not
limited to FCC licensed amateur radio stations
and standard television receive only parabolic
antennas.
(f) Antenna, Nonparabolic. An
individual array .or group of arrays used to
transmit andJor receive electromagnetic
signals, including, but not limited to radio
waves related to amateur radio stations
licensed by the Federal Communications
Commission (FCC) and microwaves related to
cellular telephone communications.
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(g) Antenna Structure. An antenna
array and its associated support structure,
such as a mast or tower, but not to include a
suspended simple wire antenna, that is used
for the purpose of transmitting and/or
receiving electromagnetic signals, including
but not limited to radio waves and microwaves.
(h) Antenna Structure, freestanding. An
antenna structure that is not attached to a
building, fence or other such structure.
(i) Antenna, TVRO nonparabolic. A
" television receive only nAnparabolic antenna.
A standard roof mounted antenna array and its
associated support structure, that is use~
solely to receive broadcast television
signals. ~
(j) Antenna, vertical Whip. A pole or
single element vertical antenna no more than
three (3) inches in diameter, and its
associated support structure.
9.04.10.06.020 Applicability.
(a) A nonparabolic antenna that is in
existence as of the effective date of this
Part, as amended, may continue in existence at
the current height and location and needEnot
comply with the design standards stated
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herein unless the following occurs:
(1) If, in the case of a roof
mounted antenna, the antenna is replaced with
one that is larger in any of its dimensions,
the antenna structure shall then comply with
the applicable regulations and design
standards.
(2) If, in the case of a
noncommercial freestanding antenna structure,
an existing antenna is replaced with one that
is larger in any of its dimensions, the
antenna structure shall then comply with the
regulations and design standards contained in
Section 9.04.10.06.040.
(b) No additional or structural
alterations may be made to a nonconforming
antenna structure that would increase its
nonconformity with the applicable regulations
and design standards.
9.04.10.06.030Nonparabolic Noncommercial
Antennas-Purpose.
The City desires to allow
nonparabolic noncommercial antennas in all
areas of the City, subject only to limited and
reasonable regulations which are permitted by
Federal law in order to prevent such antennas
7
from adversely affecting the public health,
safety, welfare or aesthetic interests.
The City Council finds that amateur radio
operators provide an important public service
by participating in local, regional and
statewide emergency and dis~ster preparedness
programs, in facilitating international
disaster relief programs, and in fostering
international goodwill and understanding. The
City Council finds, however, that antennas and
antenna structures related to FCC licensed
amateur radio communicatians may be
aesthetically unsightly and visually
obtrusive.
The City Council recognizes that because
of the important public service provided by
amateur radio operators, the Federal
Communications Commission (FCC) has partially
preempted local regulation of amateur radio
antennas. Federal regulations specify that
local regulations concerning the placement,
screening or height of antennas for amateur
radio communications must reasonably
accommodate amateur communications and
constitute the minimum practicable regulation
necessary to accomplish the local agency's
8
legitimate purpose.
The City Council finds that the
regulatians and design standards set forth in
this Ordinance reasonably accommodate FCC
licensed amateur radio communications and
constitute the minimum practicable regulation
necessary to protect the public health, safety.
and aesthetic interests.
9.04.10.06.040 Regulations and Desiqn
Standards.
(a) A noncommercial nonparabolic antenna
shall be installed, modified, and maintained
in accordance with the following standards:
(1) One (1} roofmounted TVRO
nonparabolic antenna per residential unit and
up to four roofmounted nonparabolic antennas
related to a FCC licensed amateur radio
station shall be permitted for each parcel.
One of the roofmounted TVRO nonparabolic
antennas per parcel may extend up to twenty-
five (25) feet above the roofline, but all
other additional TVRO nonparabolic antennas
shall extend no more than fifteen (15) feet
above the roofline. One roofmounted vertical
whip antenna related to a FCC licensed amateur
radio station may extend up to twenty-five
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(25) feet above the roofline; however all
other roofmounted antennas related to a FCC
licensed amateur radio station shall extend
na more than fifteen (15) feet above the
roofline.
(2) One freestanding antenna
structure related to a FCC licensed amateur
radio station measuring up to 66 feet in
height or fifteen (15) feet above the height
limit of the district in which it is located,
whichever height is greater, shall be
permitted per parcel. For purposes of this
section, antenna structures shall be measured
to the highest horizontal antenna element. A
freestanding antenna structure exceeding 50
feet in height shall be retractable to 35
feet. A single vertical element may extend
fifteen (15) feet beyond these height limits.
(3) No portion of an antenna,
including the array in any position, or of an
antenna structure shall be located between the
face of the main building and any public
street or in any required front or side yard
setback.
(4) The support structure shall be
located a minimum of ten (10) feet from the
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rear property line. Neither an antenna nor
an antenna structure shall extend beyond the
property line of the parcel on which it is
located.
(5) Roofmounted antennas or antenna
structures shall be located at or to the rear
of the centerline of a building.
(6) An antenna structure shall be
finished in a color to blend in with its
immediate surroundings, to reduce glare, and
to minimize its visual intrusiveness and
~ negative aesthetic impact.
(7) The display of any sign or any
other graphics on an antenna or antenna
structure is prohibited, except for public
safety warnings, which warnings must be placed
no higher than eight (8) feet above the base
of the antenna structure.
(8) A building permit shall be
obtained prior to the installation of an
antenna structure, pursuant to the
requirements of the Building Code.
(b) Unless a finding is made that a
proposed antenna poses an actual threat to the
public health or safety, the Zoning
Administrator, or the Planning Commission on
11
appeal, shall have the authority to grant a
Use Permit to modify the regulations and
design standards of subsection (a) paragraphs
(1), (2), (3), (4), or (5) of this Section, if
topographical conditions, nearby tall
structures or other factors unreasonably
obstruct or otherwise unreasonably interfere
with effective transmission or reception of
the type desired and the cause of such
obstruction or interference was not created by
the applicant. An application for a Use
~ Permit may be reviewed upon payment of a
nominal fee, the amount of which may be
established from time to time by the City
Council by ordinance or resolution. As a
condition of approval of a Use Permit to
modify the design standard of subsection (a)
paragraph (2) af this Section, an antenna
structure shall be required to be retractable
to 35 feet. In cases where topographical
conditions surrounding the antenna structure
or the presence of nearby tall structures
physically impede retracting an antenna to 35
feet, the Zoning Administrator, or the
Planning Commission on appeal, may allow an
antenna structure to be retracted to a height
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greater than 35 feet.
9.04.10.06.100 Nonparabolic Commercial
Antennas-Purpose. The City desires to allow
nonparabolic commercial antennas, including
those associated with cellular telephone
communications, in appropriate areas of the
City, subject only to limited and reasonable
regulations which are permitted by State law
in order to prevent such antennas from
adversely affecting the public health, safety,
welfare, or aesthetic interests.
The City recognizes that the California
Public Utilities Commission (CPUC) has
delegated its authority to regulate the
location and design of cellular telephone
facilities to local governments, except in
those instances when there is a clear conflict
with the State interest in having a reliable
and widespread cellular telephone service.
Moreover, the CPUC has retained jurisdiction
to preempt local authority to regulate
cellular telephone service in those instances
of clear conflict with the State interest.
The City Council finds, however, that
commercial antennas and antenna structures,
including those antennas related to cellular
13
telephone communications, may be aesthetically
unsightly and be visually obtrusive. The City
Council finds that the regulations and design
standards set forth in this Ordinance allow
nonparabolic commercial antennas, including
those associated with cellular telephone
communications, in appropriate areas of the
City, and that they are necessary to protect
the public health, safety, welfare, and
aesthetic interests. Further, the City
Council finds that these regulations and
design standards promote, and are not in
conflict with, the State interest in having a
reliable and widespread cellular telephone
service.
9.04.10.06.110 Requlations and Design
Standards.
(a) Commercial antennas shall be
installed, modified, and maintained in
accordance wi~h the following standards:
(1) No commercial antenna shall be
located in a residential district.
(2j Commercial antennas may be
located in all other districts, except that
the installation of freestanding antenna
structures which allow the attachment of
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antennas shall be prohibited in the Main
Street Commercial (CM), Neighborhood
Commercial (C2), Residential-Visitor
Commercial (RVC) and Neighborhood Commercial
Overlay (N) Districts.
(3) One (1) roofmounted ' TVRO
nonparabolic antenna structure and one (1)
freestanding antenna structure for each 7500
square feet of parcel area, and in the case of
mixed use or residential developments, one
TVRO nonparabolic antenna per residential
dwelling unit, shall be permitted per parcel.
The number of antennas attached to a single
support structure shall be determined by the
structural integrity of the support structure.
(4) No antenna structure shall
extend beyond fifteen (15) feet above the
height limit of the district.
(5) A freestanding antenna structure
shall not be located between the face of the
main building and any public street or in any
required front or side yard.
(6) One roofmounted TVRO
nonparabolic antenna and one vertical whip
antenna of up to twenty-f ive ( 2 5) f eet above
the roofline shall be permitted per parcel.
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Additional TVRO nonparabolic antennas or other
nonparabolic antennas shall not extend beyond
fifteen (15) feet above the roofline. All
roof mounted antennas shall be located or
screened so as to minimize pedestrian level
view from public streets or from any
neighboring residential uses.
(7) The display of any sign or any
other graphics on an antenna, antenna
structure or screening is prohibited, except
for public safety warnings, which warnings
must be placed no higher than eight (8) feet
above the base of the antenna structure or
screening.
(8j An antenna structure shall be
finished in a color to blend in with its
immediate surroundings, to reduce glare, and
to minimize its .visual intrusiveness and
negative aesthetic impact.
(9) A building permit shall be
obtained prior to the installation of an
antenna structure, pursuant to the
requirements of the Building Code.
_ (b) Unless a finding is made that a
proposed antenna poses an actual threat to the
public health or safety, the Zoning
16
Administrator, or the Planning Commission on
appeal may approve a Use Permit to modify the
regulations and design standards of subsection
(a) paragraphs (~), (2), {3), (4), (5), or
(6), of this Section, if topographical
conditions, nearby tall structures or other
factors unreasonably obstruct or otherwise
unreasonably interfere with effective
transmission or reception of the type desired
and the cause of such obstruction or
interference was not created by the
applicant.
9.04.10.06.120 Parabolic Antennas-
Purpose. The City desires to allow television
receive only (TVRO) parabolic antennas in all
districts of the City and to allow other
parabolic antennas in appropriate districts of
the City, subject only to limited and
reasonable regulations which are permitted by
Federal and State law in order to prevent such
antennas from adversely affecting the public
health, safety, welfare or aesthetic
interests.
The City Council finds that, typically,
parabolic antennas are larger in size, surface
area and weight than nonparabolic antennas.
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Therefore parabolic antennas pose a unique
threat to the structural safety of buildings
to which they are mounted or braced and to the
public safety because of wind loadings and
seismic activity. These threats necessitate
careful attention to the location, height, and
installation or parabolic antennas in order to
avoid injury to persons and property from
fallen or windblown antennas. Moreover,
parabolic antennas, because of their larger
size and surface area, are aesthetically
~ unsightly and have a greater negative visual
impact than nonparabolic antennas; parabolic
antennas may be visually obtrusive and block
views from neighboring properties.
The City Couneil recognizes, however,
that the Federal Communications Commission
(FCCj has partially preempted local
regulation of TVRO parabolic antennas. Local
regulations concerning the location,
screening, size or height of TVRO parabolic
antennas must have reasonable and clearly
defined health, safety and aesthetic
objectives, may not unreasonably limit or
prevent satellite television signal reception,
and may not impose costs on the users of such
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antennas that are excessive in Iight of the
purchase and installation cost of the antenna.
The City Council recognizes, further,
that the California Public Utilities
Commission (CPUC) has delegated to local
governments its authority to regulate the
location and design of cellular telephone
facilities, including parabolic microwave
antennas, except in those instances when a
clear conflict exists with the State interest
in having a reliable and widespread cellular
telephone service. Moreover, the CPUC has
retained jurisdiction to preempt local
authority to regulate cellular telephone
service in those instances of clear conflict
with the State interest.
The City Council finds that the
regulations and design standards set forth in
this Ordinance are necessary to protect the
public health, safety, welfare and aesthetic
interests and that they neither unreasonably
limit or prevent satellite television signal
reception, nor conflict with the State
interest in having a reliable and widespread
cellular telephone service. The City Council
finds, further, that these regulations and
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design standards do not impose costs on the
users of television receiving only parabolic
antennas that are excessive in light of the
purchase and installatian costs of such
equipment.
9.09.10.06.130 Applicability. This
Ordinance shall apply to any parabolic
antenna installed or modified on or after
the effective date of this Part, as amended,
and to any parabolic antenna previously
installed without undergoing review and
approval by the Planning and Zoning Division
or previously installed without a building
permit. Any such parabolic antenna shall
immediately be made conforming to the
regulations and design standards. Any other
parabolic antenna installed prior to the
effecti~e date of this Part, as amended, which
does not conform ta the regulations and design
standards stated herein sha11 be made
conforming within six (6) months after the
effective date o~ this Ordinance.
9.04.06.10.140 Parabolic Antenna
Def initions .
(a) Antenna, Commercial. An antenna in
any zoning district used in conjunction with
20
any business, commercial enterprise, trade,
calling, vocation, profession, occupation, or
means of livelihood, whether or not carried on
for gain or profit, including but not limited
to public utilities, cellular telephone
communications or privately owned or publicly
supported AM or FM radio stations, unless
otherwise exempt from the provisions of the
Zoning Ordinance, cable television operations
or television broadcast stations, but
excluding TVRO parabolic antennas.
(b) Antenna, Groundmounted Parabolic. A
parabolic antenna, the weight of which is
fully or partially supported by an approved
platform, framework, pole, or other structural
system, which system is aftixed or placed
directly on or in the ground.
(c) Antenna Height. The vertical
distance between the highest point of a
parabolic antenna when actuated to its most
vertical position and the grade below, for a
groundmounted parabolic antenna, and to the
roof below for a rooftop parabolic antenna.
~ (d) Antenna, Microwave Relay Parabolic.
A transmitting and receiving antenna,
typically parabolic, disc or double convex
21
shaped with an active element external to the
disc, that communicates by line of sight with
another similar antenna or a geosynchronous
orbiting satellite.
(e) Antenna, Noncommercial. A
television receive only parabolic antenna in
any district.
(f) Antenna, Parabolic. A parabolic,
semi-parabolic, disc, convex or double-convex
shaped accessory structure, including, but not
limited to, a main dish and covering,
feedhorn, receiving element, structural
supports and all other components thereof,
which transmits and/or receives television
signals or electromagnetic waves by line of
sight with another similar antenna or a
geosynchronous or orbiting satellite.
(g) Antenna, Rooftop Parabolic. A
parabolic antenna which extends above the
roofline of a building and which is affixed
through the use of an approved framework or
other structural system to one or more
structural members of a building or to the
roof of a building.
(h) Antenna, Satellite Uplink. A
commercial parabolic antenna which receives
22
and transmits electromagnetic waves by line of
sight with geosynchronous orbiting satellites:
(i) Screening. The effect of locating a
parabolic antenna behind a building, wall,
fence, landscaping, berm, andJor other
specially designed device so that view of the
antenna from adjoining and nearby public
street rights-of-way and private properties is
precluded or minimized.
(j) Antenna, TVRO Parabolic. Television
receive only parabolic antenna.
~ 9.04.10.06.150 TVRO Parabolic Antennas
Located in Residential Districts.
(a) Regulations and Design Standards.
Only TVRO parabolic antennas shall be
permitted in residential districts; no
commercial parabolic antenna shall be
permitted in any residential district. TVRO
parabolic antennas located in residential
districts shall be insta~led, modified, and
maintained in accordarice with the following
standards:
(1) One (1) antenna shall be
permitted per parcel, except that parcels in
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excess of 7500 square feet shall be permitted
an additional antenna for each additional 7500
square feet of parcel area. ~
(2) The diameter of a TVRO antenna
shall not exceed twelve (12) feet.
(3) The antenna shall not be
located in the front half of the parcel.
(4) The antenna height shall not
exceed fifteen (15) feet for groundmounted
antennas, nor, in the case of rooftop
antennas, extend beyond fifteen (15) feet
above the roofline.
(5) Groundmounted antennas shall
comply with all setback requirements
specified within the district for one story
accessory buildings. The permitted height of
such antennas shall not exceed that height as
provided in subsection (a) paragraph (4) of
this Sectian.
(6) If located in the R1, OPl, OP
Duplex, R2R, or R2B Districts the antenna
shall be ground mounted; rooftop antennas may
be permitted in other residential districts,
however, antennas shall not be closer than ten
(10) feet to the property line. ~
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(7) The antenna shall be finished
in a color to blend in with the immediate
surroundings, to reduce glare, and to minimize
its visual intrusiveness and negative
aesthetic impact.
(8) The antenna shall be screened
in a manner consistent with Section
9.04.10.06.140(i); however, any screening
required by the City shall not unreasonably
obstruct or otherwise unreasonably interfere
with reception.
(9) The antenna shall be located
so as to prevent obstruction of the antenna's
reception window from potential permitted
development on adjoining parcels.
(10) A building permit shall be
obtained prior to installation of an antenna
pursuant to the requirements of the Building
Code.
(11) The display of any sign or any
other graphics on an antenna is prohibited
except for public safety warnings, which
warnings must be placed no higher than eight
(8) feet above the base of the antenna.
(b) Notwithstanding subsection (a) of
this Section, one rooftop TVRO parabolic
25
antenna of less than twenty-four (24) inches
in diameter and extending no more than five
(5) feet above the roofline may be permitted
per parcel, or in the case of multi-family
residential developments, one such antenna
shall be permitted per residential dwelling
unit. In the alternative, one such antenna
per parcel, or in the case of multi-family
residential developments, one such antenna per
residential dwelling unit, may be located in
any rear yard provided the height above grade
does not exceed six (6) feet. Antennas
permitted per this subsection must comply with
the regulations and design standards of
subsection (a) paragraphs (3), (7), (8), (9),
(10) and (11) of this Section, however, public
safety warning signs must be placed no higher
than four (4) feet above the base of the
antenna.
9.04.10.06.151 Modification of
Regulations and Desiqn Standards in
Residential Districts.
(a) Unless a finding is made that a
proposed parabolic antenna poses an actual
threat to the public health or safety, the
Zoning Administrator, or the Planning
26
Commission on appeal, shall have the authority
as set forth in subsection (b) of this Section
to grant a Use Permit to modify the
regulations and design standards of Section
9.04.10.06.150. An application for a Use
Permit may be reviewed upon payment of a
nominal fee, the amount of which may be
established from time to time by the City
Council by ordinance or resolution.
(b) An application for a Use Permit may
be approved in whole or in part to modify the
regulations and design standards of subsection
(a) paragraphs (1), (2), (3), (~), (5), (6) or
(8) and of subsection (b) of Section
9.04.10.06.150:
(1) in cases where locating the
antenna in conformance with the provisions of
this Section would unreasonably obstruct or
otherwise unreasonably interfere with
reception and the cause of such obstruction or
interference was not created by the applicant.
(2) in cases where compliance with
the design standards would impose costs that
are excessive in light of the purchase and
installation costs of the antenna. ~
27
9.04.10.06.160. Parabolic Antennas
Located in Non-Residential Districts.
(a) Regulations and Design 5tandards.
Any parabolic antenna located in any non-
Residential District shall be installed,
modified, and maintained in accordance with
the following standards:
( i) Only one (1) TVRO and two ( 2)
microwave antennas shall be permitted per
parcel, except that parcels in excess of 7500
square feet shall be permitted an additional
antenna of each type for each additional 7500
square feet of parcel area.
(2) The diameter of a TVRO
parabolic antenna shall not exceed twelve (12}
feet and the diameter of a microwave relay
parabolic antenna shall not exceed four and
one-half (4.5) feet.
(3) Groundmounted antennas shall
comply with all setback requirements specif ied
within the district for one story accessory
buildings. The permitted height of such
antennas shall not exceed that height
specified in subsection (a) paragraph (4) of
this Section.
(4) The antenna height shall not
28
exceed fifteen (15) feet for groundmounted
antennas, nor, in the case of rooftop
antennas, extend beyond fifteen (15) feet
above the roofline.
(5) The antenna shall be screened
in a manner consistent with Section
9.04.10.06.140 (i); however, any screening
required by the City shall not unreasonably
obstruct or otherwise unreasonably interfere
with reception.
(6) The antenna shall be finished
in a color to blend in with the immediate
surroundings, to reduce glare, and to minimize
its visual intrusiveness and negative
aesthetic impact.
(7) The antenna shall be located so
as to prevent obstruction of the antenna's
reception window from potential permitted
development on adjoininq parcels.
{8) A building permit shall be
obtained prior to installation of an antenna
pursuant to the requirements of the Building
Code.
(9) The display of any sign or any
other graphics on an antenna is prohibited
except for public safety warnings, which
29
warnings must be placed no higher than eight
(8) feet above the base of the antenna.
(b) Notwithstanding subsection (a) of
this Section, one rooftop TVRO parabolic
antenna of less than twenty-four (24) inches
in diameter and extending no more than five
(5) feet above the roofline shall be permitted
per parcel, or in the case of residential or
mixed use developments, one such antenna shall
be permitted per residential dwelling unit.
In the alternative, one such antenna per
parcel, or in the case of residential or mixed
use developments, one such antenna per
residential dwelling unit may be located in
any rear yard provided the height above grade
does not exceed six (6) feet. Antennas
permitted per this subsection must comply with
the regulations and design standards of
subsection (a) paragraphs (3), (5), (6), (7),
(8) and (9) of this Section; however, public
safety warning signs must be placed no higher
than four (4) feet above the base of the
antenna.
9.04.10.06.161 Modification of
Regulations and Desiqn Standards in Non-
Residential Districts.
30
(a) Unless a finding is made that a
proposed antenna poses an actual threat to the
public health ar safety, the Zoning
Administrator, or the Planning Commission on
~ appeal, shall have the authority as set forth
in subsection (b) of this Section to grant a
Use Permit to modify the regulations and
design standards of Section 9.04.10.06.160.
An application for a Use Permit may be
reviewed upon payment of a nominal fee, the
amount of which may be established from time
to time by the City Council by ordinance or
resolution.
(b) An application for a Use Permit may
be approved in whole or in part to modify the
design standards of subsection (a) paragraphs
(1), (2}, (3), (4), (5), or (7) and of
subsection (b) of Section 9.04.10.06.160:
(1) in cases where locating the
antenna in conformance with the provisions of
this Section would unreasonably obstruct or
otherwise unreasonably interfere with
reception and the cause of such obstruction or
interference was not created by the applicant.
(2) in cases where compliance with
the design standards impose unreasonably
31
excessive costs in relation to the purchase
and installation costs of the antenna.
(3) in cases where the technical
needs of cable television or
telecommunications operators are demonstrated
to require modification of the regulations and
design standards.
9.04.10.06.170 Satellite Uplink
Antennas. The installation of any satellite
uplink antenna shall be subject to review and
approval of a Use Permit as set forth in
Seetion 9.04.10.06.161.
SECTION 3. Section 9.04.02.030 of the Santa Monica Municipal
Code is amended to delete the following definitions:
Parabolic Antenna. An accessory
structure of any shape, including the main
dish and covering, feedhorn, low-noise
amplifier, structural supports and all other
components thereof, which transmits and
receives electromagnetic waves by line of
sight.
(a) Groundmounted Dish Antenna. A
parabolic antenna, the entire weight of which
is supported by an approved platform,
32
framework, poke ar other structural system,
which system is affixed directly on or in the
ground by a foundation and which system is
freestanding, excluding lateral bracing to a
building.
(b} ~eight. The vertical distance
between the highest point of an antenna when
actuated to its most vertical position and
grade below, for a groundmounted dish antenna,
and to the roof below for a rootmounted dish
antenna. '
(c) Microwave Relay Antenna. A
transmitting and receiving antenna, typically
disc or double convex shaped with no active
element external to the disc, that
communicates by line of sight with another
similar antenna.
(d) Reasonable Functional Use. That
pasitioning of a parabolic antenna which
permits substantially unabstructed line of
sight with geosynchronous orbiting satellites
from or to which the dish antenna receives or
transmits electromagnetic waves.
(e) Roofmounted Dish Antenna. A
parabolic antenna, the entire weight of which
is supported by a building through the use of
,.
33
an approved framework or other structural
system, which system is affixed to one or more
structural members of the roof of the building
or to any structural portion of the building
above the roofline.
(f) Satellite Earth Station Antenna. An
antenna that receives or transmits
communications by line of sight with a
geosynchronous orbiting satellite.
(g) Screening. The effect of locating a
parabolic antenna behind a building wall,
fence, landscaping, berm and/or other
specially designed device so that view of the
dish antenna from adjoining and nearby public
street rights-of-way and private properties is
precluded or minimized to the extent
reasonable.
(h) TVRO Antenna. Television receiving
only antenna.
SECTION 4. The City Council finds that the proposed text
amendments related to nonparabolic and parabolic antennas are
consistent in principal with the goals, objectives, policies, land
uses, and programs specified in the adopted General Plan.
34
SECTION 5. The City Council finds that the public health,
safety and general welfare require the adoption of the proposed
text amendments, in that the proposed text amendments provide clear
direction as to the size and location of nonparabolic and parabolic
antennas in order to protect the public health, safety, welfare and
aesthetic interests.
SECTION 6. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance..
SECTION 7. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not effect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently invalid or unconstitutional.
_ SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
35
within fifteen (15) days after its adoption. This Ordinance shall
become effective ~pon adoption.
APPROVED AS TO FORM:
I ~' '~~-T ~
MARSHA JO~f MOUTRIE
City Atto~ney
36
Adopted and approved this 26th day of 3uly, 1994.
l~~ ~~/h
Mayor
I hereby certify that the foregoing Ordinance No. 1757 (CCS) was duly and regularly
adopted at a meeting of The Ciry Council on the 26th day of July, 1994; by the following
Council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen,
Rosenstein, Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
~
~-
/
~ .
_/ City Clerk