A. Applicability to noncommercial nonparabolic antennas.
1. Notwithstanding § 15.02.605, a nonparabolic antenna that is it existence as of May 11, 1995, may continue in existence at the current height and location, and need not comply with the design standards stated herein, unless the following occurs:
a. If, in the case of a roof-mounted antenna weighing more than fifty (50) pounds, the antenna is replaced with one that is larger in any of its dimensions, the antenna structure shall then comply with the applicable regulations and design standards.
b. If, in the case of a noncommercial freestanding antenna structure, an existing antenna is replaced with one that is larger in any of its dimensions, the antenna structure shall then comply with the regulations and design standards contained in § 15.02.610 C.
2. Notwithstanding § 15.02.605, no additional or structural alterations may be made to a nonconforming antenna structure that would increase its nonconformity with the applicable regulations and design standards.
B. Purpose.
1. The City desires to allow noncommercial nonparabolic antennas in all areas of the City, subject only to limited and reasonable regulations which are permitted by Federal Law in order to prevent such antennas from adversely affecting the public health, safety, welfare or aesthetic interests.
2. a. The City Council finds that amateur radio operators provide an important public service by participating in local, regional and Statewide emergency and disaster preparedness programs, in facilitating international disaster relief programs, and in fostering international goodwill and understanding.
b. The City Council finds, however, the antennas and antenna structures related to FCC-licensed amateur radio communications may be aesthetically unsightly and visually obtrusive.
3. a. The City Council recognizes that because of the important public service provided by amateur radio operators, the FCC has partially preempted local regulation of amateur radio antennas.
b. Federal regulations specify that local regulations concerning the placement, screening or height of antennas for amateur radio communications must reasonably accommodate amateur communications, and constitute the minimum practicable regulation necessary to accomplish the local agency's legitimate purpose.
4. The City Council finds that the regulations and design standards set forth in this Subchapter reasonably accommodate FCC-licensed amateur radio communications, and constitute the minimum practicable regulation necessary to protect the public health, safety and aesthetic interests.
5. The provisions allowing the erection of nonparabolic antennas shall only permit those individuals who are Federally-licensed amateur radio operators to erect such antennas as allowed by the Municipal Code.
C. Regulation and design standards.
1. A noncommercial nonparabolic antenna shall be installed, modified, and maintained in accordance with the following standards:
a. One (1) roof-mounted TVRO nonparabolic antenna per residential unit, and up to four (4) roof-mounted nonparabolic antennas related to a FCC-licensed amateur radio station, shall be permitted for each parcel.
(1) One of the roof-mounted nonparabolic antennas per parcel may extend up to twenty-five (25) feet above the roofline, but all other additional nonparabolic antennas shall extend no more than fifteen (15) feet above the roofline.
(2) One (1) roof-mounted antenna related to a FCC-licensed amateur radio station may extend up to twenty-five (25) feet above the roofline; however, all other roof-mounted antennas related to a FCC-licensed amateur radio station shall extend no more than fifteen (15) feet beyond these height limits.
b. One (1) freestanding antenna structure related to a FCC-licensed amateur radio station measuring up to sixty-six (66) feet in height or fifteen (15) feet above the height limit of the district in which it is located, whichever height is greater, shall be permitted per parcel.
(1) For purposes of this section, antenna structures shall be measured to the highest horizontal antenna element.
(2) A freestanding antenna structure exceeding fifty (50) feet in height shall be retractable to thirty-five (35) feet.
(3) A single vertical element may extend fifteen (15) feet beyond these height limits.
c. No portion of an antenna, including the array in any position, or of an antenna structure, shall be located between the face of the main building and any public street, or in any required front or side yard setback.
d. (1) The support structure shall be located a minimum of ten (10) feet from the rear property line.
(2) Neither an antenna nor an antenna structure shall extend beyond the property line of the parcel on which it is located.
e. Roof-mounted antennas or antenna structures shall be located at or to the rear of the centerline of a building.
f. An antenna structure shall be finished in a color to blend in with its immediate surroundings, to reduce glare, and to minimize its visual intrusiveness and negative aesthetic impact.
g. The display of any sign on an antenna or antenna structure is prohibited, except for public safety warnings, which must be placed no higher than eight (8) feet above the base of the antenna structure.
h. A building permit shall be obtained prior to the installation of a ground-mounted antenna structure, or a roof-mounted antenna structure for roof-mounted antennas weighing fifty (50) pounds or more, pursuant to the requirements of the Building Code.
2. Unless a finding is made that a proposed antenna poses an actual threat to the public health or safety, the Building Official or Committee on Permits and Licenses on appeal, shall have the authority to grant a use permit to modify the regulations and design standards of Subsection C.1. paragraphs a., b., c., or e. of this Section, if topographical conditions, nearby tall structures or other factors unreasonably obstruct or otherwise unreasonably interfere with effective transmission or reception of the type desired, and the cause of such obstruction or interference was not created by the applicant.
a. An application for a use permit and for a building permit shall be reviewed upon payment of fees for each application as established by resolution of City Council.
b. As a condition of approval of a use permit to modify the design standard of Subsection C.1. paragraph b. of this Section, an antenna structure shall be required to be retractable to thirty-five (35) feet.
c. In cases where topographical conditions surrounding the antenna structure or the presence of nearby tall structures physically impede retracting an antenna to thirty-five (35) feet, the Building Official or Committee on Permits and Licenses on appeal, may allow an antenna structure to be retracted to a height greater than thirty-five (35) feet.
(Ord. No. 2003-015 §1 (part); Ord. No. 2007-002 § 18) Penalty, see § 15.02.005