18.51.045 Exemptions.
A conditional use permit shall not be required for existing and proposed wireless communication facilities meeting the following criteria. This section does not apply to small cell wireless facilities, which are subject to Larkspur Municipal Code Section 18.51.050.
A. In all nonresidential districts, antennas and related equipment that are installed, placed, or maintained under the roof, or do not extend above the roof, or are behind and below an approved roof screen and do not protrude above the highest point of the building, or are camouflaged in such a way as to not be visible from a public right-of-way or other property. Administrative review and approval by the Zoning Administrator shall be required to ensure that such antennas and related equipment comply with the standards set forth in this subsection.
B. The following wireless communication facilities listed in subsections (B)(1) through (B)(4) of this section; provided, however, that the facility’s antenna is mounted on a monopole in compliance with the setback standards for accessory structures under the district regulations in which it is located and measuring less than fifteen (15) feet high from the ground to the top of the monopole, or is mounted directly on the roof or side of a building, is not located within the H Zoning District or on a historic building, and is not readily visible from a public right-of-way.
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 Code of Federal Regulations, and any interpretive decisions thereof issued by the FCC.
2. Any antenna structure that is two (2) meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive radio communications by satellite or terrestrial communications antenna.
3. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed for subscribing to a multipoint distribution service.
4. Any antenna that is designed and used solely to receive television broadcast transmission.
C. 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), provided there is no more than one structure on a single parcel and that the antenna structure does not exceed maximum building height limits of the zoning district.
D. An eligible facilities request for a modification of an existing wireless communication facility, including a wireless tower or base station that does not substantially change the physical dimensions of such facility, tower or base station.
For the purposes of this subsection, the term “eligible facilities request” means any request for modification that involves:
1. Co-location of new transmission equipment;
2. Removal of transmission equipment; or
3. Replacement of transmission equipment.
Notwithstanding the above, this subsection shall not apply to modifications of facilities, including but not limited to monopoles, towers, and new building additions, extensions, and projections made to existing facilities, which the Community Development Director determines would significantly change the facility or increase the visual impacts of the facility, as defined under Larkspur Municipal Code Section 18.51.030 (“substantial change”). This exception shall include extensions to height of a facility that exceeds the height limits of the base zoning district. (Ord. 1062 § 14, 2022; Ord. 1039 (part), 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004. Formerly 18.51.042)