Chapter 20-10 PURPOSE AND EFFECT OF ZONING CODE
Original Santa Rosa Muncipal code link, here.
20-10.050 Applicability of Zoning Code.
This Zoning Code applies to all land uses, structures, subdivisions, and development within the City of Santa Rosa, as provided by this Section.
A. New land uses or structures, changes to land uses or structures. Compliance with the requirements of Chapter 20-21 (Development and Land Use Approval Requirements) or, where applicable, Chapter 20-61 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or entity to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.
B. Issuance of building or grading permits. The City may issue building, grading, or other construction permits only when:
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The proposed land use and/or structure satisfy the requirements of Subsection A above, and all other applicable statutes, ordinances and regulations; and
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The Director determines that the site was subdivided in compliance with Title 19 of the City Code (Subdivisions).
C. Subdivision of land. Any subdivision of land proposed within the City after the effective date of this Zoning Code shall be consistent with: the minimum lot size requirements of Division 2 (Zoning Districts and Allowable Land Uses), any applicable Specific Plan, all other applicable requirements of this Zoning Code, and the City’s subdivision regulations.
D. Effect of Zoning Code on existing uses and structures. An existing land use or structure is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Zoning Code, including Chapter 20-61 (Nonconforming Uses, Structures and Parcels). Existing land uses or structures that were in violation of City zoning regulations applicable before the effective date of this Zoning Code, are in violation of this Zoning Code. These uses and structures shall continue to be in violation unless they conform to the current provisions of this Zoning Code.
E. Effect of Zoning Code changes on projects in progress. A land use permit or rezoning application that has been accepted by the Department as complete prior to the adoption date of this Zoning Code or any applicable amendment shall be processed according to the requirements of this Zoning Code or the past Zoning Code upon written instruction made by the applicant or representative. The Department must receive the written instruction no later than 30 days after the effective date of this Zoning Code. To be considered eligible for consideration under the past Zoning Code, at least one action must be taken by the review authority no later than 210 days after the effective date of this Zoning Code.
F. Effect on previously approved Planned Development (PD) or Planned Community (PC) zoning districts. Development approved through the rezoning of a site to the PD or PC zoning districts in compliance with the prior Santa Rosa Zoning Code prior to the effective date of this Section shall be deemed conforming with respect to the requirements of this Zoning Code. The applicable requirements of a PD or PC zoning district shall remain in effect until the Council specifically repeals the previously approved Policy Statement and Development Plan applicable to the development.
G. Government projects. The provisions of this Zoning Code shall apply to any County, special district, and State or Federal government or agency to the maximum extent allowed by law. The provisions of this Zoning Code shall not apply to any public project of the City except to the minimum extent required by law.
H. Minimum requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Code as may be necessary to promote orderly land use development and the purposes of this Zoning Code.
I. Other requirements may still apply. Nothing in this Zoning Code eliminates the need for: obtaining any permit, approval, or entitlement required by other provisions of the Municipal Code ; or complying with the regulations of any City department, or any County, regional, State, or Federal agency.
J. Conflicting requirements. Any conflict between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Section 20-12.020 D (Conflicting Requirements).
(Ord. 3677 § 1, 2004)
Chapter 20-12 INTERPRETATION OF ZONING CODE PROVISIONS
Original Santa Rosa Muncipal code link, here.
20-12.020 Rules of interpretation.
A. Authority. The Zoning Administrator shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code.
B. Language.
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Terminology. When used in this Zoning Code, the words “shall,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “include,” “includes,” and “including” mean “including but not limited to….”
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Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by the Map Act.
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Number of months. Whenever a time limit in this Zoning Code is specified in months, the number of months shall be deemed to be consecutive months.
C. Calculations — Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection.
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Residential density, minimum lot area and number of lots. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements, and the number of parcels allowed through subdivision based on a minimum lot area requirement, shall be rounded down to the next lowest whole number. For example, the CV zoning district allows a minimum lot area of 20,000 feet for new subdivisions. Therefore, a parcel of 78,000 square feet could be subdivided into a maximum of three parcels, if approved by the review authority (78,000 / 20,000 = 3.9, rounded down to 3).
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All other calculations. For all calculations required by this Zoning Code other than those described in Subsection C.1 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.
D. Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows.
1. Zoning Code provisions. In the event of any conflict between the provisions of this Zoning Code, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Division 2 (Zoning Districts and Allowable Land Uses) and the provisions of Division 3 (Site Planning and General Development Standards), the provisions of Division 3 shall control. The provisions of Division 4 (Standards for Specific Land Uses) shall control over any conflicting provisions in Divisions 2 and 3.
2. Development Agreements or Specific Plans. In the event of any conflict between the requirements of this Zoning Code and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall control.
3. City Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the City, the Zoning Administrator shall determine which provision shall control.
4. Private agreements. It is not intended that the requirements of this Zoning Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Code became effective. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
E. Internal cross-references. When a provision of this Zoning Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another Division, Chapter, Section, or Subsection of this Zoning Code, or another provision within the same Section, unless the title of another document is provided. For example:
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“See Section 20-12.040” means “See Section 20-12.040 of this Zoning Code.”
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“…in compliance with Subsection D.2, means “…in compliance with Subsection D.2 of this Section”; and
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“See Chapter 20-20,” means “See Chapter 20 of Division 2 of this Zoning Code.”
F. Zoning Map boundaries. See Section 20-20.020 (Zoning Map and Zoning Districts).
G. Allowable uses of land. See Section 20-22.030 (Residential District Land Uses and Permit Requirements).
(Ord. 3677 § 1, 2004)
Chapter 20-44 TELECOMMUNICATIONS FACILITIES
Original Santa Rosa Muncipal code link, here.
20-44.010 Purpose.
The provisions of this Chapter are intended to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of antennas. It is further intended that these regulations accomplish the following:
A. Protect residential neighborhoods and the visual character of the City from the potential adverse visual effects of telecommunication facility development and antenna installation;
B. Ensure that all telecommunication facilities comply with the Federal Communication Commission’s (FCC) exposure standards for non-ionizing electromagnetic radiation (NIER);
C. Protect environmental resources of the City;
D. Ensure that a broad range of telecommunication facilities is provided to serve the community and to serve as an important part of the City’s emergency response network; and
E. Provide a comprehensive, objective, and efficient process for reviewing applications for telecommunication facilities while at the same time protecting the interests of citizens.
(Ord. 3711 § 1 Exh. A, 2005; Ord. 3677 § 1, 2004)
20-44.020 Permit requirements.
A telecommunications facility shall require a Minor Conditional Use Permit or a Conditional Use Permit approval in compliance with this Chapter, if not considered exempt. Design Review is required for any nonexempt facility.
A. Design Review required. Design Review is required for all telecommunication facilities, except those listed by this Chapter as exempt. The review authority conducting Design Review for minor facilities is the Zoning Administrator and the review authority conduction Design Review for major facilities is the Design Review Board.
B. Minor Conditional Use Permit required. A Minor Conditional Use Permit is required for all minor telecommunication facilities. The review authority for Minor Conditional Use Permits is the Zoning Administrator.
C. Conditional Use Permit required. A Conditional Use Permit is required for all major telecommunication facilities. The review authority for Conditional Use Permits is the Planning Commission.
D. Exceptions. Exceptions to the requirements of this Chapter may be granted through Conditional Use Permit approval by the Commission. A Conditional Use Permit may only be approved if the Commission finds, after receipt of substantial evidence, that failure to adhere to the standards under consideration is consistent with the purpose and intent of this Chapter. Tower setback requirements may be waived under the following circumstances:
1. The facility is proposed to be co-located on an existing, legally established telecommunication tower; or
2. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
(Ord. 3711 § 1 Exh. A, 2005; Ord. 3677 § 1, 2004)
20-44.030 Development criteria for all facilities.
Each antenna and other telecommunications facility, including exempt facilities, shall comply with the following requirements.
A. The antenna shall be accessory to the primary use of the property which is not a telecommunications facility.
B. No more than one citizen band, amateur radio, receive only TV or radio antenna tower is allowed per parcel.
C. Telecommunications towers shall not be located within any setback area required by the applicable zoning district.
D. Freestanding antenna towers shall be located within a fenced yard or be anti-climbing equipped.
E. Antennas and appurtenances should not be installed between the primary structure and any private or public street adjoining the parcel unless sufficiently screened, and no other feasible alternative exists.
F. No portion of an antenna array shall extend beyond the property lines of the subject parcel, unless the affected property owner has given written consent to the encroachment and the consent has been recorded in the office of the Sonoma County Recorder. Any consent given under this condition shall set forth a procedure by which the consent may be terminated.
G. The facility shall be as small as possible and the minimum height necessary without compromising reasonable reception and/or transmission.
H. All hardware such as brackets, turnbuckles, clips, and similar items subject to rust or corrosion shall be protected by galvanizing or paint.
I. Satellite dishes shall be painted a color that blends with their surroundings.
J. Facilities shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.
K. Each facility shall comply with all Federal, State, and City codes, including Federal Communication Commission and Federal Aviation Administration standards.
(Ord. 3711 § 1 Exh. A, 2005; Ord. 3677 § 1, 2004)
20-44.040 Amateur radio and citizen’s band antennas.
Amateur radio and citizen’s band facilities shall comply with the following standards, and all other applicable provisions of this Chapter.
A. Exempt facilities. The following amateur radio and citizen band facilities are exempt from Design Review and Minor Conditional Use Permit requirements:
1. An antenna facility that is not within the public view as defined in Division 7 (Glossary) is exempt provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2. No more than six ground mounted antennas per parcel, not to exceed 12 feet in height.
3. No more than six building mounted antennas per parcel, not to exceed 12 feet in height above the highest part of the building.
4. No more than six building mounted tower antennas per parcel when the antennas and support structure do not exceed 30 feet above the highest part of the building to which it is attached.
5. No more than six freestanding tower mounted antennas per parcel when the antennas and support structure do not exceed 40 feet in height and provided the support structure is setback a minimum of 20 feet from property lines, unless otherwise approved by Design Review.
B. Minor facilities. The following amateur radio and citizen band facilities shall require Minor Conditional Use Permit and Design Review approval.
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No more than six building mounted tower antennas, or freestanding tower antennas, per parcel when the antennas and support structure do not exceed 75 feet in height.
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No more than six freestanding tower antennas per parcel when the antennas and support structure are at least 40 feet but do not exceed 75 feet in height and are setback less than 20 feet from property lines.
C. Major facilities. The following amateur radio and citizen band facilities require Conditional Use Permit and Design Review approval:
1. Any building mounted tower antennas when the antennas and support structure exceed 75 feet in height above the highest part of the building to which the antenna is attached.
2. Any freestanding tower antennas when the antennas and support structure exceed 75 feet in height.
3. More than six amateur radio antennas per parcel.
(Ord. 3711 § 1 Exh. A, 2005; Ord. 3677 § 1, 2004)
20-44.050 Receive-only tv and radio antennas.
Receive-only TV and radio antennas shall comply with the following regulations, and all other applicable requirements of this Chapter.
A. Exempt facilities. The following facilities are exempt from Design Review and Conditional Use Permit requirements provided that they comply with Subsections B and C.
1. An antenna that is not within the public view as defined in Division 7 (Glossary) is exempt from Minor Conditional Use Permit and Design Review requirements provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2. Ground mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter; or an antenna that is no more that 12 feet in height.
3. Building mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter or an antenna that is no more that 12 feet in height above the building on which it is mounted.
B. Minor facilities. The following receive-only TV and radio antenna facilities require Minor Conditional Use Permit and Design Review approval:
1. No more than three ground mounted antennas per parcel in residential districts or areas, or more than six ground mounted antennas per parcel in non-residential districts or areas, mounted on a mast no more than 12 feet in height.
2. No more than three building mounted antennas per parcel in residential districts or areas, or more than six building mounted antennas per parcel in non-residential districts or areas, mounted on a mast no more than 12 feet in height above the building on which it is mounted.
3. No more than three freestanding tower antennas per parcel when the antennas and support structure do not exceed 45 feet in height.
C. Major facilities. The following receive-only TV and radio antenna facilities require Conditional Use Permit and Design Review approval:
1. Any building mounted tower antennas or freestanding tower antennas when the antennas and support structures exceed 45 feet in height.
2. More than three antennas per parcel in a residential district or more than six antennas per parcel in a commercial district.
(Ord. 3711 § 1 Exh. A, 2005; Ord. 3677 § 1, 2004)
20-44.060 Commercial telecommunications facilities.
Each commercial telecommunications facility shall comply with the following regulations.
A. Exempt facilities. The following are exempt from Design Review and Conditional Use Permit requirements:
1. A telecommunications facility that is not within the public view as defined in Division 7 (Glossary), provided the facility otherwise complies with all other applicable provisions of this Chapter. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view.
2. Removal of transmission equipment.
3. Replacement of transmission equipment with new equipment that is substantially the same size and in the same location as the existing equipment.
B. Minor facilities. The following are subject to Minor Conditional Use Permit and Design Review and shall comply with all applicable provisions of this Chapter.
1. Building or ground-mounted antennas located on non-residentially used parcels within R or PD zoning districts;
2. Building or ground-mounted antennas located within any C, BP, or PI zoning district or within any office, commercial or industrial area of a PD zoning district;
3. Minor modifications to existing legally established minor or major towers in any zoning district;
4. Telecommunication towers with no more than two satellite dishes located within any CO, CN, or PI zoning district, or within any office or commercial area of a PD zoning district where the height does not exceed 45 feet;
5. Telecommunication towers with no more than two satellite dishes located within any CG, CV, CSC, BP, IL, or IG zoning district, or within any industrial area of a PD zoning district where the height does not exceed 45 feet.
C. Major facilities. The following facilities are subject to Conditional Use Permit and Design Review and shall comply with all applicable provisions of this Chapter:
- All commercial telecommunication facilities, other than exempt or minor facilities.
D. Collocation on an existing telecommunications facility. Collocation of new transmission equipment on an existing, legally established, telecommunications facility is subject to Minor Design Review only, consistent with the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, or as otherwise required by Federal Law, as may be amended from time to time, and shall comply with all applicable provisions of this Chapter. This section also applies to telecommunications facilities that were legal when they were originally constructed, but changes in this Zoning Code, or the applicable zoning district development standards, caused the structure to become legal nonconforming.
E. Application requirements for commercial facilities. In addition to the Conditional Use Permit application requirements specified in Chapter 20-50 (Permit Application Filing and Processing), the following information shall be submitted when applying for a minor or major commercial facility:
1. Area development, service area, and network maps;
2. Alternative site or location analysis;
3. NIER exposure information;
4. Title reports; and
5. Visual impact analysis, including photo montages, field mock ups, line of site sections, and other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts of the facility, at design capacity. Consideration shall be given to views from public areas as well as from private properties. The analysis shall assess visual impacts of the facility, and shall identify and include all technologically feasible mitigation measures.
F. Design guidelines for commercial facilities. To the greatest extent possible, minor and major commercial telecommunication facilities shall be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property. To this end, each facility shall comply with the following design guidelines.
1. Innovative design solutions that minimize visual impacts should be utilized.
2. Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission.
3. Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists.
4. Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel.
5. Telecommunication facilities shall be located and designed to avoid blocking and/or substantially altering scenic resources.
6. Building mounted telecommunication facilities are encouraged over telecommunication towers.
7. Building mounted telecommunication facilities should be integrated with existing structures.
8. Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features.
9. Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission.
10. No telecommunication tower shall be installed on an exposed ridge line, unless it is found not to be readily visible from off site.
11. The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements.
12. Satellite dishes are encouraged to be of mesh construction.
13. Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower.
14. Co-location of commercial telecommunication towers and the use of the same site by multiple carriers is required where feasible and found to be desirable.
- All antenna towers should be monopoles or guyed/lattice towers except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized.
16. All utility lines serving the facility should be undergrounded.
17. Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary.
18. All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in R zoning districts or within residential areas of a PD zoning district.
19. All major commercial telecommunication facilities shall be located at least 75 feet from any habitable structure, except for a habitable structure on the property in which the facility is located.
G. Commercial transmission tower location. The following regulations shall apply to the location of transmission towers.
1. Analysis of alternative sites. The application for each commercial facility shall include an analysis shall be prepared by or on behalf of the applicant, which identifies reasonable, technically feasible, alternative locations and/or facilities which would provide comparable service. The intention of the alternatives analysis is to present alternative sites which would minimize the number, size and potential adverse environmental impacts of facilities necessary to provide services. The analysis shall address the potential for co-location at an existing or new tower site and shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making body finding that the proposed site results in the least potentially adverse impacts than any feasible alternative site.
2. Separation between facilities. No telecommunications tower, providing services for a fee directly to the public, shall be installed closer than two miles from another readily visible, uncamouflaged or unscreened telecommunication tower unless it is a co-located facility, situated on a multiple user site, not readily visible, or technical evidence acceptable to the Director or Commission, as appropriate, is submitted showing a clear need for the facility and the infeasibility of co-locating it on an existing tower. Facilities that are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.
3. Co-location.
a. A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and response to such requests shall be made in a timely manner and in writing and copies shall be provided to the City. Co-location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where lease arrangements fail.
b. All properties and towers found suitable for co-location and multiple users shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including parking areas, access roads, utilities and equipment buildings shall be shared by site users, when in the determination of the Director or Commission, as appropriate, this will minimize overall visual impacts to the community.
4. Roads and parking. All commercial telecommunications facilities shall be served by the minimum roads and parking areas necessary. Existing roads and parking areas shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet City standards. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses and shall comply with City standards.
5. NIER exposure. Commercial telecommunications facilities shall be operated in compliance with the Federal Communication Commission’s (FCC) human exposure standards for non-ionizing electromagnetic radiation (NIER). The applicant for commercial telecommunication facilities shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any of the following ways:
a. Provide evidence in the form of an FCC license or construction permit that has accepted the applicant’s certification that the facility meets the FCC standard;
b. Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.
(Ord. 4026 §§ 2, 3, 2014; Ord. 3711 § 1 Exh. A, 2005; Ord. 3677 § 1, 2004)
20-44.070 Abandonment.
Upon abandonment of a telecommunication facility, the facility shall be removed by the applicant and/or property owner and, where applicable, the site shall be restored to its natural condition.
(Ord. 3677 § 1, 2004)