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A. The following over the air reception devices may be installed in any land use zone where commercial or industrial uses are generally permitted, provided that a building permit is first obtained, and provided further that the installation complies with all applicable safety related development standards set forth in section 10-3-4505 of this part:
1. A satellite earth station antenna that is designed to receive video programming services, and the diameter or diagonal measurement of that antenna exceeds one meter (1 m) (39.37") but does not exceed two meters (2 m) (78.74"). Such antenna may be either building mounted or ground mounted and elevated by a mast, but it may not exceed the height limitation for satellite dish antennas that is applicable to the land use zone involved, as specified in section 10-3-100 of this chapter.
B. A fee may be imposed by the city for the issuance of any building permit that is required under this section.
C. The city council finds and determines that the building permit requirement imposed by this section is in the public interest and is justified by the following facts and circumstances:
1. Satellite earth station antennas that exceed one meter (1 m) in diameter or diagonal measurement but do not exceed two meters (2 m) may reasonably be expected to be of a size, weight, and bulk substantially in excess of the smaller satellite earth station antennas that are permitted accessory uses under subsection A of this section, and therefore generate legitimate safety concerns of a greater magnitude.
2. Satellite earth station antennas having a diameter or diagonal measurement between one meter (1 m) and two meters (2 m) that are proposed to be located in commercial or industrial land use zones have the potential to adversely affect the public safety, due to the concentration of substantial numbers of employees and customers in commercial and industrial buildings.
D. The city council further finds and determines that the building permit requirement imposed by this section is no more burdensome than is necessary to enable the city to achieve the following safety related objectives and thereby reduce the potential for bodily injury, death, and property damage:
1. To verify the proper mounting of these larger antennas on buildings or masts within commercial and industrial land use zones in order to reduce potential safety hazards resulting from faulty installations, including detachments attributable to windstorms, earthquakes, or other natural causes.
2. To minimize the potential for fire related hazards by verifying compliance with all applicable requirements of the city's electrical code, including those pertaining to wiring and electrical connections, grounding, and clearance from adjacent power lines.
3. To ensure that the installation is completed in compliance with all applicable building code and fire code requirements, particularly in those circumstances where fire rated walls or the roof of a structure will be subject to drilling or alteration.
4. To ensure that no antenna, nor any of its component parts or accessory facilities, encroaches into the public rights of way, thereby compromising public safety.
5. To ensure that a licensed structural or civil engineer certifies engineering calculations for all footings that may be required for the installation of a ground mounted antenna. (Ord. 05-O-2461, eff. 3-18-2005)