(a) Purpose. Council hereby finds and determines that the guidelines and restrictions contained in this section are necessary to ensure the following health, safety and aesthetic objectives:
(1) Safety objectives.
A. To minimize obstructions to visibility around streets, sidewalks and driveways;
B. To reduce potential attractive nuisance to children, animals, etc.;
C. To reduce the exposure of the antenna to high wind forces, particularly from tornadoes, and reduce hazards from falling and wind-propelled objects;
D. To reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level; and
E. To reduce potential contact and conflicts between antennas and utility lines, both above and below grade level.
(2) Health objective. To limit interference with natural sunlight and the circulation of air and to preserve space for trees and other plants.
(3) Aesthetic objective. To reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features, and to preserve property values.
(b) Permits.
(1) Permit not required. Except as provided under division (b) of this section, a permit is not required for the following types of antennas:
A. A small antenna; or
B. A conforming commercial earth station.
(2) Permit required. A permit prior to installation is required for the following types of antennas:
A. A small antenna installed, maintained and used in a manner requiring a permit under the OBBC Antenna Regulations;
B. An antenna in an Historic District or upon a historic landmark (see Section 1207.18); or
C. A satellite earth station.
(c) Restrictions.
(1) Compliance required. All antennas must comply with the applicable regulations in this section, regardless of whether a permit is required. The regulations stated in the table in division (e) of this section apply to the indicated types of antennas. Exception: The regulations do not apply to an antenna located within a building.
(2) Designated small antenna regulations. The City Manager shall designate all other regulations from codes other than this section that apply to small antennas, by listing them on a document to be made readily available to antenna users. The City Manager shall only include those regulations which are: (i) necessary to accomplish a clearly defined safety objective, and (ii) no more burdensome to affected antenna users than is necessary to achieve the stated objective. The City Manager shall state each such safety objective in the document. A copy of this section shall also be made readily available to antenna users. The regulations stated in the document, plus any others made applicable by this section, are the only City regulations applicable to small antennas.
(3) Notification. The City must be notified within thirty days of the installation of any antenna not otherwise requiring a permit prior to installation on a form provided by the Department of Community Development.
(4) Conforming commercial earth stations. Conforming commercial earth stations must comply with Chapter 1444
of the City of Hudson Codified Ordinances.
(5) OBBC Antenna Regulations and Ohio Fire Code. Small antennas and satellite earth stations must comply, where applicable, with Section 3109.0 of the OBBC and Section 1301:7 of the Ohio Fire Code, which are specifically incorporated into the Codified Ordinances of Hudson pursuant to Sections 1414.01
and 1610.01
, respectively.
(6) Regulations specific to satellite earth stations.
A. A freestanding antenna shall not be constructed in any front or side yard, but shall be constructed to the rear of the primary structure. Roof-mounted antennas are prohibited unless construction of a free-standing antenna in the rear yard materially limits transmission or reception. If roof-mounted, antennas shall be mounted only upon the portion of the roof of a primary structure that faces the rear yard or on an accessory structure in the rear yard, as defined in this Zoning Code.
B. No antenna, including its concrete base slab or other substructure, shall be constructed less than fifteen feet from any property line or easement.
C. An antenna shall be placed to reasonably conceal the antenna from views from neighboring properties and public rights-of-way.
D. An antenna, if ground-mounted, shall not exceed a grade height of fifteen feet. If roof-mounted, its height shall not exceed sixteen feet above the roof upon which it is mounted in a non- residentially-zoned district. In residentially-zoned districts, the height of a roof-mounted antenna shall not exceed the maximum height of the roof upon which it is mounted. In any event, a roof-mounted antenna shall not exceed a height equal to the maximum permissible height of a building in the zoning district in which it is located.
E. An antenna shall not exceed three meters in diameter.
F. The connection between a ground-mounted antenna and its receiving and/or transmitting equipment shall be placed at least four inches beneath the surface of the ground.
G. Any driving motor shall be limited to 120 volts maximum power design and shall be encased in protective guards.
H. An antenna must be grounded.
I. No sign or advertising shall be displayed on the antenna.
(d) Variances. In addition to its other powers, the BZBA may grant a variance for an antenna, if: (1) the BZBA finds that the intended function of the antenna would be adversely affected, in some significant way, if the antenna had to be constructed in accordance with the provisions of this section, or (2) the variance is necessary to harmonize the City's ordinances and federal laws, rules or regulations. A variance under this section does not require a showing of unnecessary hardship.
(e) Table. In the following table, "X" means that the regulation applies to the indicated type of antenna, and "N/A" means that it does not apply. The numbered notes are integral parts of this table and the regulation.
Regulations | Small Antennas | Conforming Commercial Earth Stations | Other Satellite Earth Stations |
Regulations | Small Antennas | Conforming Commercial Earth Stations | Other Satellite Earth Stations |
Street Visibility. Antenna must be placed in a location that is not visible from a street area or that is least conspicuous from a street area, in order of preference listed below, if this placement will not impair reception of an acceptable signal, or result in an unreasonable delay in, or cost of, installation. (1) rear yard or rear roof (2) side roof (3) side yard (4) front roof (5) front yard 1, 2, 3, 5, 7 | X | X | N/A. See 1207.16(c)(6) |
Screening. Antenna installed in a location visible from a street area must be screened so as not to be visible from the street area, if screening will not impair reception of an acceptable signal or result in an unreasonable cost of installation. Screening may be installed within thirty days of the antenna's installation, or if vegetation will be used to screen an antenna that is not installed during a planting season, screening may be installed within thirty days of the beginning of the next planting season. 3, 7 | X | X | N/A. See 1207.16(c)(6) |
Height. Antenna must be no greater in height, to the extent feasible, than: (i) for Small Antenna, four feet above the maximum height of the roof of the primary structure on the lot on which the antenna is located and (ii) for Conforming Commercial Earth Stations, eight feet above the maximum height of the roof of the primary structure on the lot on which the antenna is located. 4, 6 | X | X | N/A. See 1207.16(c)(6) |
Color. Antenna must be colored to blend into the background against which it will be mounted. This may require painting, if paint will not interfere with reception or result in an unreasonable cost of installation. Antenna may be painted within thirty days of the antenna's installation or as soon thereafter as weather permits. 3, 7 | X | N/A | X |
Signage. No sign or advertising shall be displayed on the antenna. 3, 7 | X | X | X |
OBBC. Antenna must comply with the OBBC Antenna Regulations. 1, 2, 4, 5, 6 | X | N/A | X |
Small Antenna. Must comply with Designated Small Antenna Regulations. 1, 2, 3, 4, 5, 6, 7 | X | N/A | N/A |
Conforming Commercial Earth Station. Must comply with Codified Ordinance Chapter 1444. 4, 5, 6 | N/A | X | N/A |
Satellite Earth Station. Must comply with Satellite Earth Station Regulations in Section 1207.16(c)(6). 1, 2, 3, 4, 5, 6, 7 | N/A | N/A | X |
1. Health objectives: to limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants. 2. Safety objective: to minimize obstructions to visibility around streets, sidewalks and driveways. 3. Safety objective: to reduce potential attractive nuisance to children, animals, etc. 4. Safety objectives: to reduce the exposure of the antenna to high wind forces, particularly from tornadoes, and reduce hazards from falling and wind-propelled objects. 5. Safety objectives: to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level. 6. Safety objectives: to reduce potential contact and conflicts between antennas and utility lines, both above and below grade level. 7. Aesthetic objective: to reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features. | |||
(Ord. 18-93. Passed 10-15-19.)