Beverly Hills Municipal Code Art. 45 Radio and Television Antennas and Wireless Telecommunications Antenna…

The city council finds, determines and declares as follows:

A. The purpose of the regulatory provisions set forth in this article is to establish development standards for the installation and maintenance of antennas and wireless antenna facilities within specified areas of the city. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the city, including the city's master telecommunications plan, to promote the public health, safety, comfort, convenience, and general welfare of the city's residents, and to enhance the aesthetic quality and appearance of the city by maintaining architectural and structural integrity and by protecting views and vistas from obtrusive and unsightly accessory uses and facilities.

B. In adopting and implementing the regulatory provisions of this article, it is the intent of the city council to further the objectives specified in subsection A of this section without unnecessarily burdening the federal interests in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, preclude reception of an acceptable signal quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of those antennas.

C. With regard to the regulatory requirements set forth in sections 10-3-4506 and 10-3-4504 of this article that relate to a minor accommodation and to a building permit, respectively, the city council expressly finds and determines that they are necessary, desirable, and in the best interests of the community in order to protect public safety. The city council further finds and determines that these regulatory requirements are applicable to the proposed installation of satellite earth station antennas or fixed wireless antenna facilities that are not permitted accessory uses and that, because of legitimate safety related concerns, do not meet the criteria for exemption from local regulation established by the federal communications commission ("FCC") under the telecommunications act of 1996.

D. The regulatory provisions set forth in this article are not applicable to any of the following:

1. City owned antennas or antenna facilities, including those used for emergency communications and public safety purposes, that are located or proposed to be located on either publicly owned or privately owned property.

2. Privately owned over the air reception devices that are located or proposed to be located on city owned property or within the public rights of way; provided, however, that owners of such devices must obtain a right of way use permit pursuant to title 8, chapter 7 of this code or an encroachment permit pursuant to title 8, chapter 3 of this code and comply with all applicable requirements that relate to the use of the public rights of way. (Ord. 05-O-2461, eff. 3-18-2005)

As used in this article, the following terms and phrases have the meanings set forth below:

AMATEUR RADIO STATION ANTENNA: Any antenna, and its accompanying support structure, that is used solely for the purpose of transmitting and receiving radio signals in connection with the operation of an amateur radio station in accordance with licenses issued by the FCC.

ANTENNA, ANTENNA ARRAY, WIRELESS ANTENNA ARRAY OR WIRELESS TELECOMMUNICATIONS ANTENNA ARRAY: One or more rods, poles, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antennas (whip), directional antennas (panel), and parabolic antennas (disc), but excluding any support structure as defined herein.

COLOCATION: The use of a common wireless antenna facility, or a common site, by two (2) or more providers of wireless services, or by one provider of wireless services for more than one type of telecommunications technology.

FCC: The federal communications commission.

FIXED WIRELESS ANTENNA FACILITY: An unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility or subterranean vault to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.

FIXED WIRELESS SERVICES: Any personal wireless services as defined in the federal telecommunications act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.

MAST: A support structure that is constructed for the specific purpose of elevating a satellite earth station antenna in order to receive broadcast signals of an acceptable quality.

MINOR ACCOMMODATION: The application and review process that is provided for in article 36 of this chapter.

PROJECT REVIEW: The review by the director of planning and community development or, upon referral, by the planning commission, of an application for a minor accommodation authorizing the siting of any category of over the air reception or transmission devices regulated by part I of this article.

PUBLIC RIGHTS OF WAY: The public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements in, on or appurtenant to such rights of way, as the same now or may hereafter exist, that are under the city's jurisdiction and within the city's regulatory authority.

SATELLITE EARTH STATION ANTENNA: A parabolic or dish shaped antenna or other apparatus or device that is designed for the purpose of receiving or transmitting signals for voice, video, or data.

SUPPORT STRUCTURE, OR WIRELESS TELECOMMUNICATIONS ANTENNA ARRAY SUPPORT STRUCTURE: A freestanding structure that is designed and constructed for the specific purpose of supporting an antenna array and that may consist of a monopole, a mast, a self-supporting lattice tower, a guywire support tower, or other similar structures.

WIRELESS ANTENNA FACILITY OR WIRELESS TELECOMMUNICATIONS ANTENNA FACILITY: An unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation, and an equipment facility or subterranean vault to house accessory equipment, which may include cabinets, pedestals, shelters, and similar protective structures.

WIRELESS SERVICES OR WIRELESS TELECOMMUNICATIONS SERVICES: Any personal wireless services as defined in the federal telecommunications act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future. (Ord. 05-O-2461, eff. 3-18-2005)