HomeMy WebLinkAbout3535ORDINANCE N0. 3535
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AN INTERIM ZONING ORDINANCE ADOPTED AS AN URGENCY MEASURE
EXTENDING AND AMENDING A TEMPORARY MORATORIUM ON
INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES IN
DESIGNATED AREAS
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Purpose and ,Intent
The purpose of this Ordinance is to provide for the health, safety and welfare of Butte
County Citizens by exercising the police power provided far 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 Board
intends to extend and amend a temporary moratorium on the installation of any and all such
facilities andlor 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 andlor reception of wireless radio, television, and other telecommunication
signals, including but not limited to commercial wireless communications services (personal
communication, cellular 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 Allowin 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, and continuing until January 13,
2000, unless superseded by a longterm ordinance, prohibiting the installation of any and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, Subsections {a}, (b} and (c), 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 200 Feet of Propert~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, and continuing until January 13, 2000, unless superseded by along-term
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, Subsections (a), (b} and {c), in all locations within 200 feet of the property
line of any parcel of real property zoned to allow residential uses as a matter of right,
whether that parcel of real property upon which the residential use is allowed as a matter
of right is in the unincorporated area of the County of Butte, in an incorporated city
within the County of Butte, or in an incorporated or unincorporated area of another
county.
c. In Locations Within Area of Comprehensive Airport Land Use Plan or Air.~ort Area of
Influence. 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, and continuing until January 13, 2000, unless superseded
by a long-term ordinance, prohibiting the installation of any and all Facilities described
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above in Section 2, and/or the issuance of permits for installation of such Facilities,
except those described in Section 4, Subsections (a), (b) and (c), in all locations within
the boundaries of any Comprehensive Airport Land Use Plan or Airport Area of
Influence, as adopted or designated by the Butte County Airport Land Use Commission.
d. A licant ma elect to have count staff continue to acce 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. It 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, the County shall
continue to process such an application during the term of the moratorium, pursuant to its
normal processing guidelines and procedures; 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 to the maximum extent allowed bylaw.
~ Section 4. Exceptions
The provisions of this Ordinance shall not apply to:
a. Residential Facilities. Privately owned and operated, noncommercial communication
Facilities attendant to a residential use or uses, including but not limited to television
reception antennas, satellite dish antennas no greater than 2 meters in diameter and/or
amateur "ham" radio Facilities.
b. Government and Emer enc Medical Facilities. Existing Government owned and
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operated communications Facilities and/or 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 Law. Any Facilities exempted from this ordinance
by federal law.
d. Facilities troposed for designated locations. Facilities proposed to be located on a
parcel of property with both a zoning designation of U (Unclassified) and a General Plan
designation of GOL (Grazing and Open Land) and located more than 1,000 feet from:
1. Any Urban Area identified in the Improvement Standards for Subdivisions,
Parcel Maps and Site Improvements adopted pursuant to Chapter 20 of the Butte
County Code;
2. Any Sphere of influence of any incorporated city as adopted by the Butte
County Local Agency Formation Commission; and
3. The property line of any parcel of real property zoned to allow residential uses
as a matter of right, whether that parcel of real property upon which the residential
use is allowed as a matter of right is in the unincorporated area of the County of
Butte, in an incorporated city within the County of Butte, or in an incorporated or
unincorporated area of another county.
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Section 5. Areas in which moratorium does not apply
a. Zones in which moratorium does not ap~~ Unless Facilities are subject to the
setback restrictions in Section 3, Subsection (b) and/ or the Airport Area of Influence
restrictions in Section 3, Subsection (c); the temporary moratorium does not apply to
proposed Facilities located on parcels with the following zoning designations:
C-1 (Light Commercial)
C-2 (General Commercial)
C-C (Community Commercial}
C-F (Commercial Forestry)
N-C (Neighborhood Commercial}
L-I (Limited Industrial)
M-1 (Light Industrial)
M-2 {Heavy Industrial}
P-Q {Public, Quasi public)
R-C (Resource Conservation}
b. Locations not subject to the 1000-foot setback. Facilities proposed to be located on a
parcel of property with both a zoning designation of U (Unclassified) and a General Plan
designation of GOL (Grazing and Open Land) which is adjacent to a pazcel within any of
the zones set forth above in Subsection (a) are not required to be set back per the 1,000
foot requirement of Section 4, Subsection (d), from that common parcel line.
Section 6. Authority and Findings
This ordinance is an interim zoning ordinance adopted as an urgency measure pursuant to
Butte County Cade Section 24-25.50 and Government Cade Sections 65858 and 25123(b} and
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(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 enritlement, for Facilities uses, and that such approvals and any
further introduction of Facilities uses into the designated areas would result in thaC 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 be incompatible with the established uses due to visual blight that will likely
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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 is 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 maybe true that once a local wireless
communications network has been established, either the height or the broadcast
power of the individual Facilities within the network must be lowered in order to
prevent individual Facilities from interfering with each other.
2. It may now be both technologically and economically feasible to place more
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 the least feasibly obtrusive manner possible, so as to be
compatible with existing and future uses in designated areas.
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Section 7. Public Workshop Required
The Department of Development Services shall seek input from those interested in
developing along-term ordinance providing for the appropriate deployment of wireless
communications facilities in the County and shall hold at least one public workshop for the
purpose of receiving input concerning such an ordinance from both wireless communicarions
service providers and County residents. A proposed timetable for conducting the activities
involved in receiving public input and adopting along-term ordinance is incorporated herein by
this reference and labeled as Exhibit I.
Section $. 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 15061{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.
~ Section 9. Severability
1f 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 10. Effective Date and Publication
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a. This Ordinance shall take effect immediately upon its passage. A public meeting shall
be set at 9:00 a.m. on or before December 14, 1999, in the Board of Supervisors room, County
Administration Building, 25 County Center Drive, Oraville, CA, for the purpose of considering a
long-term ordinance providing for the appropriate deployment of wireless communications
facilities in the County. The long-term ordinance shall take effect on or before January 13, 2000.
b. The Clerk of the Board of Supervisors is authorized and directed to publish this
Ordinance, before the expiration of fifteen (15) days after its passage. This ordinance shall be
published once, with the names of the members of the board of Supervisors voting for and
against it, in at least one newspaper of general circulation published in the County of Butte, State
of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 13th day of July , 1999, by the following vote:
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None [~
DOL`l~.N, Chair of the
County Board of Supervisors
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EXHIBIT I
Section 7: A Timetable
August 30th: 1st Public Workshop
September 9th, 23rd
andlor October 14th: Planning Commission/ Public Workshop
October 21st: Planning Commission/ Public Workshop
October 27th: Board consideration of draft ordinance
November 9th: Board additional discussion and possible first reading
November 23rd, 30th
andlor December 7th: First reading oz' adoption
December 14th: Deadline for adoption of ordinance by Board -~ Must 6e effective on
7anuary 13, 2000
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