(A) All wireless communications facilities which are erected, located, mounted or modified within the City of Santa Paula on or following the effective date of this ordinance must comply with this chapter, subject to the categorical exemptions under paragraph (D) of this section, provided that:
(1) All facilities for which applications were determined complete by the Planning Department before the effective date of this ordinance are exempt from the regulations and guidelines of this chapter and are subject to the regulations and guidelines of the Santa Paula Municipal Code regulating nonconforming buildings and uses.
(2) All facilities for which building permits were issued by the City of Santa Paula before the effective date of this ordinance are exempt from the regulations and guidelines of this chapter, and are subject to the regulations and guidelines of the Santa Paula Municipal Code regulating nonconforming buildings and uses, unless and until such time as paragraph (A) of this section applies.
(B) All facilities for which building permits and any extension thereof have expired must comply with the provisions of this chapter.
(C) All facilities constructed or erected before the effective date of this ordinance that are in violation of applicable laws, ordinances, or other regulations are considered an illegal nonconforming facility and are subject to abatement as a nonconforming use pursuant to the Santa Paula Municipal Code.
(D) The following uses are exempt from the provisions of this chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption:
(1) Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission;
(2) Any antenna structure that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive radio communication by satellite antenna;
(3) Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal
measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than 12 feet above the principal building on the same lot.
(E) The following uses are exempt from the provisions of this chapter, so long as the antenna structure complies with all other zoning requirements:
(1) Any antenna structure that is designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations.
(2) Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission).
(Ord. 1105, passed 12-6-04)