HomeMy WebLinkAbout35261
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Oxctinance No. 3526
AN INTERIM ZONING ORDINANCE ADOPTED AS AN URGENCY MEASURE
ESTABLISHING A TEMPORARY MORATORIUM ON INSTALLATION OF WIRELESS
COMMUNICATIONS FACILITIES IN DESIGNATED AREAS
The Boazd of Supervisors of the County of Butte ordains as follows:
Section 1. Purpose and Intent
The purpose of this Ordinance is to provide far the health, safety and welfare of Butte County
Citizens by exercising the police power provided for in the California Constitution that underlies the
County's zoning powers, so that the installation and maintenance of wireless communications facilities
in the County is conducted in such a manner as to be compatible with existing and future uses in
designated areas. In order that this may be accomplished, the Boazd intends to impose a temporary
moratorium on the installation of any and all such facilities and/or the issuance of permits for installation
of such facilities in designated areas, except those facilities exempted by this ordinance, in order to
provide County staff, the Board of Supervisors, and the citizens of the County sufficient time to consider
a comprehensive ordinance regulating the installation and maintenance of such facilities.
Section 2. Applicability
The provisions of this Ordinance shall apply to all visible communications facilities for the
transmission and/or reception of wireless radio, television, and other telecommunication signals,
including but not limited to commercial wireless communications services (personal communication,
cellulaz and paging} including, without limitation, antennae, masts, poles, towers, structures, buildings,
additions to existing antennae, masts, poles, towers, structures, or buildings (The "Facilities"). Such
Facilities shall be subject to all the provisions as set forth below, unless otherwise specified in this
Ordinance, notwithstanding other existing zoning provisions and regulations of the County of Butte.
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Section 3. Temporary Moratorium
a. In Zones Allowing? Residential Uses. Within the following described areas situated in the
County of Butte, State of California, there shall be a temporary moratorium in effect, commencing on
the effective date of this Ordinance, prohibiting the installation of any and all Facilities described above
in Section 2, andlor the issuance of peanuts for installation of such Facilities, except those described in
Section 4, in all zones and zoning districts allowing residential uses as a matter of right, notwithstanding
other existing zoning provisions and regulations of the County of Butte.
b. Within 100 Feet of Property Zoned to Allow Residential Uses. Further, notwithstanding
existing zoning provisions and regulations of the County of Butte, there shall be a temporary moratorium
in effect, commencing on the effective date of this Ordinance, prohibiting the installation of any and all
Facilities described above in Section 2, and/or the issuance of permits for installation of such Facilities,
except those described in Section 4, in all locations within 100 feet of the property line of any parcel of
real property zoned to allow residential uses as a matter of right.
c. In Locations Within Area of Comprehensive Airport Land Use Plan. Finally, notwithstanding
existing zoning provisions and regulations of the County of Butte, there shall be a temporary moratorium
in effect, commencing on the effective date of this Ordinance, prohibiting the installation of any and all
Facilities described above in Section 2, and/or the issuance of permits for installation of such Facilities,
except those described in Section 4, in all locations within the boundaries of any Comprehensive Airport
Land Use Plan, as adopted by the Butte County Airport Land Use Commission.
d. A licant ma elect to have count staff continue to acre t and rocess a lications durin
moratorium. This temporary moratorium is not intended to affect the acceptance and/or processing of
permit applications for any and all Facilities described above in Section 2 by County staff. rt is intended
to prohibit only the issuance of permits for such Facilities. County staff shall continue to accept such
permit applications received after the effective date of this ordinance. At the applicant's written request,
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the County shall continue to process such an application during the term of the moratorium; however,
any new standards for such Facilities and the permitting thereof which are adopted during the
moratorium and are effective at the expiration of the moratorium shall nevertheless apply to such an
application. Any time limits or mandatory approval time frames relative to the processing and action
upon permit applications for any and all Facilities described above in Section 2 are tolled during the term
of this moratorium.
Section 4. Exceptions
The provisions of this Ordinance shall not apply ta:
a. Residential Facilities. Privately owned and operated, nancommerciai communication
Facilities attendant to a residential use or uses, including but not limited to television reception
antennas, satellite dish antennas no greater than 2 metexs in diameter andlor amateur "ham" radio
Facilities.
b. Government and Emergency Medical Facilities. Existing Government owned and operated
communications Facilities andlor existing emergency medical care provider owned and operated
communications Facilities, or new Facilities in the same location as such existing Facilities,
which are required to repair, replace, maintain or enhance such existing Facilities, providing such
new Facilities are to be used primarily to protect public health, safety and welfare, all as
determined by the Planning Division of the Department of Development Services.
c. Facilities Exempted Under__Federal L aw. Any antenna Facilities exempted from this
ordinance by federal law.
~~ Section 5. Authority and Findings
This ordinance is an interim zoning ordinance adopted as an urgency measure pursuant to Butte
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County Code Section 24-25.50 and Government Code Sections 65858 and 25123(b) and (d} to protect
the public safety, health and welfare by prohibiting land uses which may be in conflict with a
contemplated general plan and zoning proposal which the Planning Division of the Department of
Development Services, Planning Commission and Board of Supervisors intend to consider and study
within a reasonable time.
The Board of Supervisors hereby finds that there is a current and 'immediate threat to the public
health, safety and welfare resulting from the approval of use permits, variances, building permits, or any
other applicable entitlement, for Facilities uses, and that such approvals and any further introduction of
Facilities uses into the designated areas would result in that threat to public health, safety and welfare,
for the following reasons:
a. The areas subject to this Ordinance are predominately devoted to residential and/or
agricultural uses. Such uses in the County have traditionally been conducted in the relatively
peaceful and/or pastoral atmosphere typical of most rural counties.
b. At least one present Facilities use in at least one of those areas has proved to be incompatible
with the established uses and character of the areas and has provoked significant and vehement
citizen opposition and protest.
c. New Facilities are allowable or potentially allowable in the areas described in Section 3 under
existing County zoning provisions.
d. Tall, imposing Facilities are proliferating in the County at an alarmingly rapid rate. Further,
the Board can reasonably anticipate this trend to continue if swift action is not taken.
e. The intrusion of any such new Facilities uses into such areas would likely conflict with and
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be incompatible with the established uses due to visual blight that will likely jeopardize
residents' quiet enjoyment of their homes and property, and also potentially devalue their homes
and property. Such intrusion could also have a dramatic effect on the above referenced peaceful
andlor pastoral atmosphere that characterizes much of the County.
f. Technology in the area of wireless communications appears to be evolving at a rapid rate. The
following technological developments may now be available and may be useful in order to
reduce the aesthetic impacts of Facilities in the County:
1. Facilities considerably shorter and less obtrusive than some presently existing in the
County may now be both technologically and economically feasible. Further, in many
instances it may be true that once a local wireless communications network has been
the network must be adjusted downward in order to prevent individual Facilities from
interfering with each other.
2. Tt may now be both technalogicallyond economically feasible to place mare than one ',
wireless communications facility in the same location in order to minimize aesthetic
impacts by reducing the number of facility locations.
3. Technological innovations such as "whip" antennas, "mini cells" and "stealth"
antenna camouflage may, if utilized, also reduce the aesthetic impacts of Facilities.
g. In view of the above, the County must proceed cautiously in the wireless communications
area so that the installation and maintenance of all Facilities in the County are conducted in such
a manner as to be compatible with existing and future uses in designated areas.
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Section 6. Written Report Required
The report required by Government Code Section 55$5$ shall be prepared by the Planning
Division of the Department of Development Services and issued not later than July 8, 1999.
Section 7. CEQA Exemption
The Board of Supervisors hereby finds that, regarding the California Environmental Quality Act
(CEQA), there is no possibility that the adoption of this ordinance may have a significant adverse effect
on the environment (CEQA Guideline 150b1(b}(3)} because this ordinance will reduce the possibility
of such effects by: limiting the range and intensity of new uses possible in the areas it covers and
restricting new uses to those of a type which are more compatible with the established residential
character of those areas.
If any provision of this Ordinance or the application thereof to any person or circumstances is
'for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the '
Ordinance which can be given effect without the invalid provision or application thereof.
Section 9. Effective Date and Publication
a. This Ordinance shall take effect immediately upon its passage. It shall be of no further force ',
and effect 45 days from its date of adoption unless extended following a public hearing, as provided in 'I
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Butte County Code Section 24-25.50 and Government Code Section 55$58. A public hearing is hereby
set for 9:00 a.m. on July 13, 1999, to be held in the Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville, CA, for the purpose of considering extending this
Ordinance for a reasonable time up to an additional 10 months and 15 days.
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1 b. The Clerk of the Board of Supervisors is authorized and directed to publish this Ordinance,
2 before the expiration of fifteen (1S) days after its passage. This ordinance shall be published once, with
3 the names of the members of the board of Supervisors voting for and against it, in at least one newspaper
4 of general circulation published in the County of Butte, State of California.
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6 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
7 California, on the 8th day of .Tune , 1999, by the following vote:
$ AYES: Supervisors Beeler, Houx, ,Tosiassen, Davis and Chair Dolan
9 NOES: None
10 ABSENT: None
11 NOT VOTING: None
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14 But County Board of Supervisors
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16 ATTEST:
17 JOHNS. BLACKLOCK, Chief Administrative
Officer and Clerk of and
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