20.52.680 Regulation of amateur radio station antennas.
A. Development Review Required. The proposed installation of an amateur radio station antenna in any land use zone must be preceded by an application for development review in accordance with Chapter 20.84 CMC, Part 2, and if the application is approved a building permit must be obtained.
B. Application for Development Review. In addition to the requirements set forth in Chapter 20.84 CMC, Part 2, the application for development review must include the following:
1. Construction drawings that show the proposed method of installation and the manufacturer’s specifications.
2. A plot plan showing the proposed location and dimensions of the amateur radio station antenna.
3. Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the building code.
4. Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station.
C. Factors Considered in the Development Review Process.
1. In conducting development review for a proposed amateur radio station antenna, the planning commission must consider the following factors:
a. The proposed height of the amateur radio station antenna, and the applicant’s representations as to the technological necessity of the height to engage in amateur radio service operations of the nature contemplated.
b. Proximity of the proposed amateur radio station antenna to inhabited buildings and structures.
c. The nature of existing uses on adjacent and nearby properties.
d. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna.
e. Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones.
2. In making any determination during the development review process to deny or to condition the application for an amateur radio station antenna, the planning commission must adhere to the following guidelines:
a. The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified in subsection (C)(1) of this section, and the reasonable accommodation required under subsection (C)(2)(b) of this section.
b. The development review process must be conducted so as to:
i. Reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and
ii. Impose the minimum practical restrictions, limitations, and conditions in order to achieve the city’s legitimate regulatory objectives. (Ord. 690 § 4 (Exh. A), 2018).