§ 88-24.206. Applicability.

(a)

Application. Except as specified in this section, the requirements of this chapter apply to all of the following: a new facility, a relocated facility, a facility that is removed and replaced, a substantial change to a facility, a collocation on a collocation-eligible facility, and a minor alteration to a facility.

(b)

Requirements Cumulative. The requirements of this chapter are in addition to any other applicable requirements of this code, and state and federal laws and regulations, that apply to the location, design, construction, installation, operation, and licensing of each facility.

(c)

Exemptions. The following facilities are exempt from this chapter:

(1)

An antenna or facility that is expressly exempt from local regulation by any state or federal law or regulation, or by any permit issued by California Public Utilities Commission or Federal Communications Commission.

(2)

A facility for non-commercial telecommunication purposes that:

(A)

Is located on private property;

(B)

Does not exceed the height limit for the zoning district in which it is located; and

(C)

Is operated either as a part of the amateur radio service under Title 47, Code of Federal Regulations, Part 97, or as part of a citizen's band radio system under Title 47, Code of Federal Regulations, Part 65, Subpart D.

(3)

A microwave dish or satellite dish measuring seventy-two inches or less in diameter that receives but does not transmit radio or television wireless signals.

(4)

A facility that is established temporarily and meets both of the following requirements:

(A)

The facility is established during or after a community-wide emergency or natural disaster declared by any federal, state, or local official, or during or after an emergency as defined in Title 14, California Code of Regulations, section 15359.

(B)

The Facility is Established for Sixty Days or Less. Notwithstanding this sixty-day limitation, the zoning administrator may authorize a temporary facility to remain established for so long as necessary to repair or reconstruct a facility that is damaged or destroyed as a result of an event specified in subsection (c)(4)(A).

(5)

A mobile or vehicle-mounted facility that is located at a single location for seventy-two hours or less, and is used by a public or private radio or television broadcasting company, cable service provider, journalist, or internet content provider, for news coverage, public information, or other similar purposes.

(6)

A facility owned or operated by one or more federal, state, or local government entities, including, but not limited to, any facility for a regional emergency communication system, and any facility for a 911 system.

(7)

A facility accessory to other publicly owned or operated equipment for data acquisition related to irrigation control, well monitoring, or traffic signal control.

(8)

A facility existing and operating under a land use permit or other discretionary approval issued prior to the enactment of this chapter may continue to exist and operate under the terms of that permit or approval. However, unless the previously-issued land use permit or other discretionary approval provides otherwise, the facility must comply with the applicable requirements of this chapter, as follows:

(A)

If the previously permitted facility is substantially changed, a permit under this chapter must be obtained for the substantially-changed facility.

(B)

If the previously permitted facility is removed and replaced with a new facility, a permit under this chapter must be obtained for the new facility.

(C)

If the previously permitted facility is relocated, a permit under this chapter must be obtained for the relocated facility.

(D)

If a new facility is collocated on the previously permitted facility, a permit under this chapter must be obtained for the new, collocated facility.

(E)

If a minor alteration is made to the previously permitted facility, a minor alteration permit under this chapter must be obtained for the minor alteration.

(F)

If the previously-issued land use permit or other discretionary approval expires and is not renewed before the discretionary approval expires, a permit under this chapter must be obtained for the facility.

(Ord. No. 2016-11, § II, 5-24-16)