A permit is not required for the following types of dish antennas; However, any owner wishing to install a satellite dish more than one meter (39.37 inches) in diameter as listed below shall be required to register such intent with the Martinsburg Planning Department.
(a) Satellite dish antennas that are one meter (39.37 inches) or less in diameter may be located in any residential zoning district. The City prefers placement of the antenna as follows:
(1) That, if attached to the main building, such dish antenna be secured to a side wall, rear wall or roof. That, if roof-mounted, such dish antenna be mounted only upon the portion of any hip, gable or gambrel roof that faces the rear yard and not exceed the maximum height of the roof upon which it is mounted. That, if placement is on a flat roof, the dish antenna be set back from the building face a distance at least equal to the height by which it exceeds the building height.
(2) That, if not attached to the main building, such dish antenna, including its base or substructure, be located in a side or rear yard no less than ten feet from any lot line.
Provided, that, the preferences in (1) and (2) above, shall be applicable only if such placement does not inhibit or impair, in any way, a person's ability to install, maintain, or use such an antenna.
(b) Satellite dish antennas that are between one meter and two meters (78 inches) in diameter may be located in the Downtown Business District subject to the following:
(1) If the site proposed for placement dish antenna is not a site building, or structure included in, or eligible for inclusion in, the National Register of Historic Places.
(2) Such dish antenna shall be secured to the roof of the main building, mounted only upon the portion of any hip, gable or gambrel roof that faces the rear yard and shall not exceed the maximum height of the roof upon which it is mounted. On flat roof, the dish antenna shall be set back from the building face a distance at least equal to the height by which it exceeds the building height.
(3) No portion of this size dish antenna or any supporting structure shall extend over a public right of way or public sidewalk.
(c) Satellite dish antennas that are one meter (39.37 inches) or less in diameter may be located in the Downtown Business District subject only to the same restrictions and provisos as are set forth in subsections (a)(1) and (2) above, except that the City hereby restricts placement of such antennas on structures included in, or eligible for inclusion in, the National Register of Historic Places, to the extent, and only to such extent, that such restriction is no more burdensome than necessary to accomplish its preservation purpose.
(d) Satellite dish antennas that are between one meter and two meters (78 inches) in diameter may be located in the Business Districts (excluding Downtown Business District), Industrial Districts or Planned Development Districts subject to the following:
(1) The site proposed for placement of the dish antenna is not a site, building, or structure included in, or eligible for inclusion in, the National Register of Historic Places.
(2) If attached to the main building, such dish antenna shall be secured to a side wall, rear wall or roof; however, no portion of a dish antenna or any supporting structure shall extend over a public right of way or public sidewalk.
(3) If not attached to the main building, such dish antenna, including its base or substructure, shall be located in a side or rear yard no less than ten feet from any lot line.
(e) Satellite dish antennas that are one meter (39.37 inches) or less in diameter may be located in the Business Districts (excluding Downtown Business District), Industrial District or Planned Development Districts subject only to those same restrictions and provisions as are set forth in (c) above.
(Ord. 2007-15. Passed 7-30-07.)
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