Ordinance No. An Ordinance of the City of San Jose

Final Telecommunications Ordinance

CITY OF ,

ORDINANCE NO.

AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER ; CREATING A NEW SECTION ; AND CREATING A NEW CHAPTER RELATING TO TELECOMMUNICATIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF :

Section 1. Section is amended to read:

14-1.2 Definitions. As used in this Chapter.

Height means the vertical distance above grade to the highest point of a structure or of a building. For telecommunication facilities refer to Section .

Public right-of-way means the total area of the land deeded, reserved by plat, or otherwise acquired by the city, the county or the state of primarily for the use of the public for the movement of people, goods and vehicles and for the installation and maintenance of public utilities, telecommunication facilities or drainage ways.

Public utility means any plant, property or facility for the generation, transmission, distribution, sale, or furnishing to, or for, the general public, of electricity, light, heat, power, natural gas, water, steam, sanitary sewer, refuse collection, and street maintenance, in accordance with and pursuant to state laws, including , et seq., and , et seq.

Right-of-way means the total area of land deeded, reserved by plat or otherwise acquired by a governmental unit or private organization primarily for the use of the public for the movement of people, goods and vehicles or by a public or private organization primarily for the installation and maintenance of utilities and telecommunication facilities or by a railroad primarily for the laying of its tracks.

Section 2. Section is amended to read:

14-17.4 Special Exceptions.

A. After public notice as set forth in subsection and subject to appropriate conditions and safeguards, the board of adjustment may permit as special exceptions:

(1) private day-care nurseries and kindergartens as provided in subsections and ;

(2) hospitals and extended care facilities, provided:

(a) that facilities with fewer than fifty (50) beds or equivalent shall have a lot area of at least two (2) acres, and that all structures in connection with such facilities shall be at least twenty-five feet (25') from any lot line;

(b) that facilities with over fifty (50) beds or equivalent shall have a lot area of at least five (5) acres, and that all structures in connection with such facilities shall be at least fifty feet (50') from any lot line;

Section 3. Section is amended to read:

Permitted Principal Uses and Structures.

A. The principal uses and structures permitted in the district are:

Section 4. Section is amended to read:

Permitted Accessory Uses and Structures.

Telecommunication facilities as set forth in Section .

Section 5. Section is amended to read:

Definitions. As used in this section:

Building height means the vertical distance above grade to the highest point on the roof plane of a structure or building.

Section 11. A new Section is enacted to read:

Special Exceptions, Telecommunication facilities are permitted as special exceptions as per section .

Section 15. A new Section is ordained to read:

TELECOMMUNICATIONS FACILITIES

Purpose. The purposes of this Chapter are to:

Section 16. A new Section is ordained to read:

Definitions. As used in this section the following terms shall have the meanings set forth below:

Section 17. A new Section is ordained to read:

Applicability. All towers or antennas located within the city limits whether upon private or public lands shall be subject to this ordinance.

Exceptions:

Amateur Radio Station Operators/Receive Only Antennas

Preexisting Towers or Antennas

AM Array

Emergency Services

Section 18. A new Section is ordained to read:

General Requirements. All towers and antennas whether administratively approved or requiring a special exception shall comply with the existing city codes.

Section 19. A new Section is ordained to read:

Uses not Requiring a Permit.

Section 20. A new Section is ordained to read:

Administrative Approval of Certain Uses.

Section 21. A new Section is ordained to read:

Special Exceptions.

Section 22. A new Section is ordained to read:

Equipment Storage Facilities.

Section 23. A new Section is ordained to read:

Removal of Abandoned Antennas and Towers.

Section 25. A new Section is ordained to read:

Waivers.

Section 26. A new Section is ordained to read:

Penalties and Proceedings for Antennas and Towers in violation of this section.

Section 27. A new Section is ordained to read:

Severability.

Section 32. A new Section is ordained to read:

TELECOMMUNICATIONS GENERALLY

Purpose.

Section 33. A new Section is ordained to read:

Definitions:

Section 34. A new Section is ordained to read:

REGISTRATION REQUIREMENT

Registration. Except as otherwise provided herein, all telecommunications owners having telecommunications facilities located within the city shall register annually with the city as telecommunications owners.

Registration required:

Section 36. A new Section is ordained to read:

Registration Information.

Section 38. A new Section is ordained to read:

USES OF PUBLIC PROPERTY

Section 40. A new Section is ordained to read:

Lease Application.

Section 47. A new Section is ordained to read:

Fees and Compensation.

Section 52. A new Section is ordained to read:

Construction Standards for Linear Telecommunications Facilities

Section 67. A new Section is ordained to read:

PENALTIES AND PROCEEDINGS FOR ENFORCEMENT OF THIS CHAPTER

PASSED, APPROVED and ADOPTED this day of , .