HomeMy WebLinkAbout3E-21 ORDINANCE NO. 3E-21
AN URGENCY ORDINANCE OF THE CITY OF SARATOGA
IMPOSING A MORATORIUM ON THE INSTALLATION OF
CERTAIN RADIO ANTENNAS PENDING THE ADOPTION OF
NEW REGULATIONS PERTAINING THERETO
The City Council of the City of Saratoga hereby finds and
determines as follows:
1. The Federal Communications Commission has issued a Memorandum
Opinion and Order, designated as "PRB-i", which provides for limited Federal
preemption of local zoning ordinances pertaining to amateur radio facilities.
2. The City of Saratoga has commenced a study to determine and establish
reasonable regulations on the placement and height of radio antennas which are
consistent with the FCC Memorandum Opinion and Order.
3. The existing Zoning Ordinance may need to be revised by reason of PRB-1,
but pending the adoption of new regulations, there is a serious risk that radio antennas
will be installed by persons who consider the present regulations as preempted by
Federal law and therefore unenforceable.
4. Unless a moratorium is imposed upon the installation of certain radio
antennas, such antennas may be installed in violation of existing regulations and in
violation of any new regulations that may be adopted to comply with the requirements
of PRB-1. Such violations may include, but are not limited to, setback restrictions,
height limitations and impairment of scenic views.
Now, THEREFORE, pursuant to Section 65858 of the Government Code, the City
Council of the City of Saratoga does hereby ordain as follows:
SECTION 1: No radio antenna shall be erected or installed in any zoning district
except in compliance with the following restrictions:
(a) If the antenna is roof-mounted, the height of the antenna shall not exceed
fifteen feet above the highest point of the roof line, and in no event shall
exceed forty-five feet in height as measured by a vertical line from the top
of the antenna to the finished grade of the structure to which the antenna
is attached.
(b) If the antenna is ground-mounted, it shall be deemed an accessory
structure and shall not exceed either thirty feet in height or the height
limit for accessory structures prescribed by the Zoning regulations for the
district in which the antenna is located, whichever is less. Such antenna
shall also comply with all applicable setback regulations for accessory
structures.
SECTION 2: This ordinance is adopted as an urgency measure for the protection of
the public health, safety and welfare and shall become effective immediately upon its
passage and adoption. The statement of findings is specifically referred to and
incorporated herein by reference. This ordinance shall be operative for a period of
forty-five days from the date of its adoption unless extended pursuant to Section
65858 of the Government Code.
SECTION 3: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council of the City of Saratoga hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be held invalid or unconstitutional.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 21st day of May, 1986, by the following vote:
AYES: Councilmembers Callon, Fanelli, Hlava, Moyles and Mayor Clevenger
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK
The above and foregoing is a true and correct
co,.n,y ,-.f C:'~'~n~s E3e--~-/_ which has been
pUD~iS~,~_; ~;t. ,,i'di~zg tO law.
Deputy City Clerk Date