Loading...
5391I ORDINANCE NO. 5391 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ROOF- AND GROUND - MOUNTED EQUIPMENT THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Subsection 18.12.050.060 of Section 18.12.050 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.060 Petitions for ground -mounted radio and/or television antennas, as well as roof -mounted equipment in Commercial (SC) zones and amateur - operated radio antennas in any zone in which they are permitted." SECTION 2. That Subsection 18.21.030.065 of Section 18.21.030 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.065 Dish -type antennas; provided that any such antenna shall not exceed twelve (12) feet in height, measured at its highest point above ground level, and shall be screened from view from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone) as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping, fencing or architectural building features. Such antennas shall not be located in a required structural setback area abutting any public or private street." SECTION 3. That Section 18.21.030 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new subsections, 18.21.030.066 and 18.21.030.067, to read as follows: 11.066 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code); provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non - industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient, year-round screen. All equipment screening shall be retained and maintained in good condition. .067 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non - industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." SECTION 4. That Section 18.21.050 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.21.050.341, to read as follows: 11.341 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval - 2 - shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 5. That Section 18.22.030 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new subsections, 18.22.030.120 and 18.22.030.121, to read as follows: 11.120 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view from all public rights-of-way, public property and adjacent properties, by landscaping, fencing or architectural building features, as may be seen from a point six (6) feet above ground level on said adjacent property. Said equipment shall not be located in a required structural setback area abutting any public or private street. .121 Ground -mounted radio and television antennas as specified in subsection 18.84.042.040." - 3 - A SECTION 6. That Section 18.22.050 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.22.050.065, to read as follows: 11.065 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 7. That Section 18.23.030 of the Anaheim Municipal Code be, and adding thereto two new subsections, 18.23.030.141, to read as follows: Chapter 18.23 of Title 18 of the same is hereby, amended by 18.23.030.140 and - 4 - I 11.140 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view from all public rights-of-way, public property and adjacent properties, by landscaping, fencing or architectural building features, as may be seen from a point six (6) feet above ground level on said adjacent property. Said equipment shall not be located in a required structural setback area abutting any public or private street. .141 Ground -mounted radio and television antennas as specified in Subsection 18.84.042.040." SECTION 8. That Section 18.23.050 of Chapter 18.23 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.23.050.055, to read as follows: 11.055 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. - 5 - f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 9. That Section 18.24.030 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new subsections, 18.24.030.090 and 18.24.030.091, to read as follows: 11.090 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view from all public rights-of-way, public property and adjacent properties, by landscaping, fencing or architectural building features, as may be seen from a point six (6) feet above ground level on said adjacent property. Said equipment shall not be located in a required structural setback area abutting any public or private street. .091 Ground -mounted radio and television antennas as specified in Subsection 18.84.042.040." SECTION 10. That Section 18.24.050 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.24.050.055, to read as follows: 11.055 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. i b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 11. That Subsection 18.25.030.065 of Section 18.25.030 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.065 Dish -type antennas; provided that any such antenna shall not exceed twelve (12) feet in height, measured at its highest point above ground level, and shall be screened from view from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone) as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping, fencing or architectural building features. Such antennas shall not be located in a required structural setback area abutting any public or private street." SECTION 12. That Section 18.25.030 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new subsections, 18.25.030.066 and 18.25.030.067, to read as follows: 11.066 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code); provided that these devices shall not be visible in - 7 - I any direction (360 degrees) from any public right-of-way, public property or any abutting non - industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .067 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non - industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." SECTION 13. That Section 18.25.050 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new subsection 18.25.050.080, to read as follows: 11.080 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: - 8 - a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 14. That Subsection 18.26.030.065 of Section 18.26.030 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.065 Dish -type antennas; provided that any such antenna shall not exceed twelve (12) feet in height, measured at its highest point above ground level, and shall be screened from view from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone) as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping, fencing or architectural building features. Such antennas shall not be located in a required structural setback area abutting any public or private street." SECTION 15. That Section 18.26.030 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by I Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 17. That Subsection 18.27.030.065 of Section 18.27.030 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.065 Dish -type antennas; provided that any such antenna shall not exceed twelve (12) feet in height, measured at its highest point above ground level, and shall be screened from view from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone) as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping, A fencing or architectural building features. antennas shall not be located in a required structural setback area abutting any public private street." SECTION 18. Such or That Section 18.27.030 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new Subsections, 18.27.030.066 and 18.27.030.067, to read as follows: ".066 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code); provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non - industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient, year-round screen. All equipment screening shall be retained and maintained in good condition. .067 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non - industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." - 12 - I adding thereto two new subsections, 18.26.030.066 and 18.26.030.067, to read as follows: 11.066 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code); provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non - industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .067 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non - industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." SECTION 16. That Section 18.26.050 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.26.050.080, to read as follows: 11.080 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional - 10 - I SECTION 19. That Section 18.27.050 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.27.050.100, to read as follows: 11.100 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 20. That Subsection 18.31.030.065 of Section 18.31.030 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: - 13 - 11.065 Dish -type antennas; provided that any such antenna shall not exceed twelve (12) feet in height, measured at its highest point above ground level, and shall be screened from view from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone) as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping, fencing or architectural building features. Such antennas shall not be located in a required structural setback area abutting any public or private street." SECTION 21. That Section 18.31.030 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new Subsections, 18.31.030.066 and 18.31.030.067. to read as follows: 11.066 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code); provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non - industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .067 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non- - 14 - industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." SECTION 22. That Section 18.31.050 of Chapter 18.31 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection .080, to read as follows: 11.080 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on - 15 - I a single tower, if necessary for emergency purposes." SECTION 23. That Subsection 18.32.030.065 of Section 18.32.030 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.065 Dish -type antennas; provided that any such antenna shall not exceed twelve (12) feet in height, measured at its highest point above ground level, and shall be screened from view from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone) as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping, fencing or architectural building features. Such antennas shall not be located in a required structural setback area abutting any public or private street." SECTION 24. That Section 18.32.030 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new Subsections, 18.32.030.066 and 18.32.030.067, to read as follows: 11.066 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code); provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non - industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, - 16 - but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .067 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non - industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." SECTION 25. That Section 18.32.050 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.32.050.120, to read as follows: 11.120 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. - 17 - d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 26. That Subsection 18.34.030.065 of Section 18.34.030 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.065 Dish -type antennas; provided that any such antenna shall not exceed twelve (12) feet in height, measured at its highest point above ground level, and shall be screened from view from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone) as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping, fencing or architectural building features. Such antennas shall not be located in a required structural setback area abutting any public or private street." SECTION 27. That Section 18.34.030 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new Subsections, 18.34.030.066 and 18.34.030.067, to read as follows: 11.066 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code); provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non - industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property. Screening of equipment shall be - 18 - j provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .067 Ground -mounted mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non - industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." SECTION 28. That Section 18.34.050 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.34.050.140, to read as follows: 11.140 Ground -mounted amateur -operated radio transmitting towers and/or antennas, the height of which shall be determined by Conditional Use Permit. Such towers and/or antennas whose placement is necessary to serve the City's emergency communication system shall be exempt from the requirement of acquiring a conditional use permit, provided the City Fire Chief or his or her designee approves the placement of the device. The approval shall further be required to comply with the following: a. Combined tower and antenna shall not exceed a height which is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is extended only during - 19 - hours of darkness or during an actual or simulated emergency. b. All such devices shall be ground -mounted and not attached to a building. C. All such devices shall be located to the rear of the main dwelling unit and outside of required building setback areas. d. All such devices shall be located a minimum distance equal to the height of the device from any neighboring residential structure. e. All such devices shall be self-supporting and shall have no external guys or braces. f. Not more than one (1) tower or ground -mounted antenna shall be permitted on a single parcel of land; provided, however, that up to and including three (3) antennas may be mounted on a single tower, if necessary for emergency purposes." SECTION 29. That Section 18.41.030 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new Subsections, 18.41.030.090 and 18.41.030.100, to read as follows: 11.090 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code) and receiving antennas; provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non -industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non - industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, - 20 - L but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .100 Ground -mounted radio, television and satellite dish receiving antennas, mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." SECTION 30. That Section 18.41.050 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new Subsection 18.41.050.210, to read as follows: 11.210 Transmission stations, radio or television, including amateur -operated radio transmission towers. Heights of antennas and/or towers associated with these uses shall be determined by Conditional Use Permit." SECTION 31. That Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new Subsections, 18.44.030.120 and 18.44.030.130, to read as follows: 11.120 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code) and receiving antennas; provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non -industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non - industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are - 21 - a used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .130 Ground -mounted radio, television and satellite dish receiving antennas, mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting any public or private street." SECTION 32. That Subsection 18.44.050.330 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.330 Transmission stations, radio or television, including amateur -operated radio transmission towers. Heights of antennas and/or towers associated with these uses shall be determined by Conditional Use Permit." SECTION 33. That Section 18.45.030 of Chapter 18.45 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new Subsections, 18.45.030.130 and 18.45.030.140, to read as follows: 11.130 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code) and receiving antennas; provided that these devices - 22 - i shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non -industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non - industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .140 Ground -mounted radio, television and satellite dish receiving antennas, mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting a public or private street." SECTION 34. That Subsection 18.45.050.310 of Section 18.45.050 of Chapter 18.45 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.310 Transmission stations, radio or television, including amateur -operated radio transmission towers. Heights of antennas and/or towers associated with these uses shall be determined by Conditional Use Permit." SECTION 35. That Section 18.46.030 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by - 23 - adding thereto two new Subsections, 18.46.030.120 and 18.46.030.130, to read as follows: 11.120 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code) and receiving antennas; provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non -industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non - industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .130 Ground -mounted radio, television and satellite dish receiving antennas, mechanical/ utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non - industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting a public or private street." SECTION 36. That Subsection 18.46.050.290 of Section 18.46.050 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.290 Transmission stations, radio or television, including amateur -operated radio - 24 - A transmission towers. Heights of antennas and/or towers associated with these uses shall be determined by Conditional Use Permit." SECTION 37. That Section 18.61.030 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto two new Subsections, 18.61.030.100 and 18.61.030.110, to read as follows: 11.100 Roof -mounted mechanical/utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code) and receiving antennas; provided that these devices shall not be visible in any direction (360 degrees) from any public right-of-way, public property or any adjacent non -industrially zoned property (other than property designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non - industrially zoned property. Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. The screening method and screening material used shall not be recognizable as a screening device but shall be designed as an integral component of the building design. Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient year-round screen. All equipment screening shall be retained and maintained in good condition. .110 Ground -mounted radio, television and satellite dish receiving antennas, mechanical/utility equipment and other such similar equipment; provided that any such equipment shall be screened from view in all directions (360 degrees) from all public rights-of-way, public property and adjacent non -industrially zoned properties (other than properties designated with a resolution of intent to the ML Zone), as may be seen from a point six (6) feet above ground level on said adjacent non -industrially zoned property, by landscaping (except for screening of mechanical equipment), fencing or architectural building features. Said equipment shall not be located in a required structural setback area abutting a public or private street." - 25 - a SECTION 38. That Subsection 18.61.028.040 of Section 18.61.028 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.040 Public works or public utility service yards, receiving and/or transforming stations or cellular telephone facilities; provided that the screening requirements contained in Subsections 18.61.030.100 and 18.61.030.110 of this Chapter shall not apply." SECTION 39. That Subsection 18.61.050.460 of Section 18.61.050 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.460 Transmission stations, radio or television, including amateur -operated radio transmission towers. Heights of antennas and/or towers associated with these uses shall be determined by Conditional Use Permit." SECTION 40. That Subsection 18.84.062.032 of Section 18.84.062 of Chapter 18.84 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.032 Roof -mounted radio, television and satellite dish receiving antennas shall not be permitted. Other roof -mounted equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code) shall be permitted subject to a Conditional Use Permit and subject to all conditions and required showings of Section 18.03.030 'Conditional Use Permits—General'; provided that such equipment is required to be placed on the roof by the nature of a particular use of a building or by Title 15 of the Anaheim Municipal Code or the Uniform Mechanical Code as adopted by the City of Anaheim. Such roof -mounted equipment shall be subject to the following provisions and shall be clearly shown on plans submitted for review to the City of Anaheim. Submitted plans shall include line -of -sight drawings from surrounding properties, demonstrating the effectiveness of the proposed method of screening. .0321 Screening of equipment shall be provided by acceptable, permanent building - 26 - k materials, the same as or similar to those which are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. Said screening shall not exceed the height limit as established by Subsection 18.84.062.031 of this Chapter and shall not consist of wood lattice work. .0322 Permanent, mature landscaping may also be utilized, but only if it provides a complete and sufficient, year-round screening. .0323 Equipment shall not be visible from any public street, public or private property at finished grade level, or any floor level of any residential structure. .0324 In order to minimize the visibility of screening methods and materials, all equipment shall be painted to match the roof on which it is located, as well as painted to match any materials used for equipment screening. .0325 The method and/or screening material used shall not be readily recognizable as a screening device but shall be integrated into the design of the building as a part thereof. .0326 All equipment screening shall be retained and maintained in good condition." SECTION 41. That subsection 18.84.042.040 of Section 18.84.042 of Chapter 18.84 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.040 Ground -mounted radio, television and satellite dish receiving antennas shall be permitted as an accessory use, subject to all of the following requirements: .0401 Maximum antenna height shall be twelve (12) feet as measured to its highest point above ground level; .0402 All antennas shall be painted to blend with their surrounding environment; .0403 No antenna shall be located in a required structural setback area abutting any public or private street; - 27 - C7 .0404 All antennas shall be self- supporting and shall have no external guys or braces; .0405 All antennas shall be screened from view from all public rights-of-way, private streets and adjacent or affected properties (as may be seen from a point six (6) feet above ground level on such adjacent or affected properties) by year-round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features." SECTION 42. That subsection 18.84.052.050 of Section 18.84.042 of Chapter 18.84 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.050 Ground -mounted radio, television and satellite dish receiving antennas shall be permitted as an accessory use, subject to all of the following requirements: .0501 Maximum antenna height shall be twelve (12) feet as measured to its highest point above ground level; .0502 All antennas shall be painted to blend with their surrounding environment; .0503 No antenna shall be located in a required structural setback area abutting any public or private street; .0504 All antennas shall be self- supporting and shall have no external guys or braces; .0505 All antennas shall be screened from view from all public rights-of-way, private streets and adjacent or affected properties (as may be seen from a point six (6) feet above ground level on such adjacent or affected properties) by year-round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features." SECTION 43. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the - 28 - i elimination herefrom of any such portion as may be declared invalid. SECTION 44. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 45. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 12th day o Octo er , 1993. MAYOk OF THE CITY OF AN IM ATTESTTR : CITY C ERK OF THE CITY OF ANAHEI 1963.4\EEGAN\September 24, 1993 — 2 9 — I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5391 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of October, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of October, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5391 on the 13th day of October, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of October, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5391 and was published once in the Anaheim Bulletin on the 21st day of October, 1993. CITY CLERK OF THE CITY OF ANAHEIM