9661.20. - Location restrictions.

A.

Locations requiring an exception. Wireless telecommunications facilities and wireless telecommunications collocation facilities shall not locate in any of the following districts, areas or locations without an exception:

1.

Zoning districts other than BP-M, BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts; provided however, facilities may be located in the public right-of-way of arterial roadways within those other districts without an exception;

2.

Public right-of-way of collector roadways as identified in the general plan;

3.

Public right-of-way of local streets as identified in the general plan if within the BP-M, BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts;

4.

Public right-of-way if mounted to a new pole that is not replacing an existing pole, regardless of location;

5.

Building-mounted or roof-mounted on a building owned in common by a homeowners' association, even if located in a residential zone;

6.

A ground-mounted facility that is not in the right-of-way but is within one hundred (100) feet of a residential district in the BP-M, BP-OR, CRS, CS, CR, PD, U, and SH districts; or

7.

Notwithstanding any of the above, no facility shall locate within OS-DR or OS-R zoning districts, including the public right-of-way of arterial or collector roadways within those districts, without an exception; provided, however, applicant must also obtain approval, if required by this Code, pursuant to sections 9487 and 9821.5.

B.

No exception allowed. Notwithstanding the provisions of section 9661.19, in no case shall an exception be granted for the location of a wireless telecommunications facility or wireless telecommunications collocation facility in any of the following districts, areas or locations:

1.

Any location within a residential district, with the exception of the public right-of-way of arterial or collector roadways and those locations set forth in subsection 9661.20.A.(5);

2.

Any public right-of-way location within one hundred (100) feet from a residential district, with the exception of the public right-of-way of arterial or collector roadways;

3.

Any location that would significantly obstruct or diminish views in scenic corridors;

4.

Any location on or near a ridgeline such that the facility would appear silhouetted against the sky; or

5.

Planned development zones in any location where the zone or planned development prohibits such facilities.

C.

If a district, area or location could qualify as both a permissible location and a location enumerated in this section, it shall be deemed a location covered by this section and the provisions of this section shall control. If a district, area or location could qualify as either a location requiring an exception pursuant to

paragraph A. of this section or a location in which no exception is allowed pursuant to paragraph B. of this section, it shall be deemed a location covered by paragraph B. and no exception shall be granted.

(Ord. No. 11-387, §§ 4, 7, 8-24-2011)