Beverly Hills Municipal Code Part IV General Provisions

Notwithstanding any other provision in this code, the reviewing authority may, in conjunction with the granting of a conditional use permit, grant a waiver from the restrictions and limitations imposed by this article upon the siting of satellite earth station antennas and wireless antenna facilities. The reviewing authority may grant a request for a waiver only if the applicant submits evidence satisfying the following requirements:

A. The applicant submits evidence satisfactory to the reviewing authority that location of the satellite earth station antenna or the wireless antenna facility in the manner required by this article would: 1) obstruct the antenna's reception window or otherwise interfere with reception, and such obstruction or interference involves factors beyond the applicant's control; or 2) the cost of meeting the requirements of this article is excessive in relation to the cost of the proposed antenna or antenna facility.

B. The applicant submits a certification, signed by a registered structural or civil engineer, that the proposed installation will be in compliance with all applicable requirements of the building code, including load distributions upon any proposed mast or other support structure. (Ord. 05-O-2461, eff. 3-18-2005)

Any antenna constructed in violation of this article, or in violation of any prior ordinance or regulation, is subject to immediate abatement. (Ord. 05-O-2461, eff. 3-18-2005)

A. All satellite earth station antennas, amateur radio station antennas, and wireless antenna facilities are subject to periodic inspection by the city to determine whether they are in compliance with all applicable provisions of this article.

B. If any condition is discovered that may result in a danger to life or property, the city will give written notice to the permittee or to the property owner, or both, at their last known address, describing the dangerous condition and demanding that the same be corrected within the period of time specified in that notice.

C. Failure to comply with any applicable provision of this article, or with conditions that may be imposed in connection with a minor accommodation, or architectural review, or a conditional use permit, will constitute a public nuisance as well as grounds for revocation of the permit or other entitlement. (Ord. 05-O-2461, eff. 3-18-2005)