§ 155.322 SPECIAL ANTENNAS AND ENERGY EQUIPMENT.
   (A)   Satellite dishes.
      (1)   Earth station defined. Any apparatus or device, commonly known as an earth terminal antenna, earth terminal, satellite communication antenna, satellite antenna, microwave dish antenna, satellite television antenna or dish antenna, which is designed for the purpose of transmitting and/or receiving radio, television, satellite, microwave or other electromagnetic energy signals, but does not include conventional television, radio and amateur radio antenna.
      (2)   Applicability. Earth station regulations shall apply to earth stations with a dish diameter over four feet in size.
      (3)   Location of earth stations in Residential Districts.
         (a)   Ground-mounted in all Residential Districts.
            1.   Maximum height: Maximum height from grade to the top of the dish shall be 12 feet. Any ground-mounted earth station with a height exceeding 12 feet shall be allowed only with a conditional use approval from the Planning Commission.
            2.   Number per lot: A maximum of one earth station structure shall exist at any one time on any residentially-zoned property.
            3.   Front yard: If there is no other alternative for the location, earth stations may be allowed in the front yard area only with a conditional use approval from the Planning Commission.
               a.   Setback maximums from the public street shall be determined by the Planning Commission.
               b.   Applicants shall provide a site plan indicating the location of the earth station.
            4.   Rear and side yard: Earth stations shall be located in rear yards, where possible. If rear yards are not acceptable for proper reception of signals, the earth station may be located in either side yard.
            5.   Corner lots: On corner lots, the earth station may be situated to the rear of the main dwelling and within the area between the main building and street when approved by the Planning Commission as a conditional use.
            6.   Easements, rights-of-way: No earth station shall be located on any legally recorded public utility easement or right-of-way.
            7.   Multi-family: One earth station shall be allowed per building. A second earth station may be allowed with a conditional use approval from the Planning Commission.
         (b)   Roof-mounted in all Residential Zones. If the rear and side yards are deemed unacceptable for suitable signal reception, then roof-mounted earth stations may be permitted with a conditional use review and approval from the Planning Commission. Such roof installations may be permitted by the Planning Commission under the following criteria:
            1.   Roof-mounted earth stations shall be mounted directly upon the roof of a primary structure and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles or spires;
            2.   An earth station shall not exceed a height determined appropriate by the Planning Commission. The height of the structure shall not exceed the maximum height limits established within the zone in which the earth station is to be located;
            3.   Evidence of wind loading and structural safety of the earth station shall be provided to the Planning Commission by the applicants;
            4.   An earth station mounted on a roof shall be located on the portion of the roof which is oriented to the rear yard rather than located on the portion of the roof visible from the street; and
            5.   Other criteria as deemed appropriate by the Planning Commission.
      (4)   Location of earth stations in Commercial and Industrial Districts.
         (a)   Ground-mounted in Commercial and Industrial Districts.
            1.   Maximum height: Maximum height from grade to the top of the dish shall be 15 feet. Any earth station with a height exceeding 15 feet shall be allowed only with a conditional use approval from the Planning Commission.
            2.   Number allowed: Two earth station structures shall be permitted at any one time per separate commercial or industrial business. More than two earth stations may be permitted with a conditional use approval from the Planning Commission.
            3.   Advertising: No earth station shall display lettering or numbers for advertising purposes.
            4.   Rear and side yards: An earth station in any Commercial or Industrial District shall be located in the rear or side yard area, if possible.
            5.   Front yards: An earth station may be located in the front yard, provided the structure is not located in the minimum front landscape area, and the structure does not interfere with pedestrian or vehicular traffic.
            6.   Easements, rights-of-way: No earth station shall be located on any legally recorded public utility easement or right-of-way.
         (b)   Roof-mounted in all Commercial and Industrial Zones. If the front, rear and side yards are deemed unacceptable for suitable signal reception, or pose a negative aesthetic or neighborhood impact, then roof-mounted earth stations may be permitted with conditional use review and approval from the Planning Commission. Such roof installations may be permitted under the following criteria:
            1.   Roof-mounted earth stations shall be mounted directly upon the roof of a primary structure and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles which exceed the minimum height of mast required to mount the antenna to the roof, spires or similar structures;
            2.   The height of a roof-mounted earth station located in any Commercial or Industrial District shall not exceed 12 feet above the highest point of the roof upon which the structure is located. Height increases over 12 feet may be approved by the Planning Commission as deemed appropriate. The roof-mounted earth station shall not exceed the maximum height limits established within the zone in which the earth station is to be located;
            3.   Other criteria as deemed appropriate by the Planning Commission; and
            4.   All roof-mounted earth stations shall be screened from view from adjacent streets and properties in the same manner as is required of all other roof-mounted equipment in this chapter. Said station shall not significantly change the architectural character of the structure.
   (B)   Wind conversion. Wind energy conversion systems shall meet the following standards.
      (1)   Minimum tower setback. Minimum tower setback from any property line shall equal the height of the tower.
      (2)   Tower to meet main dwelling setbacks. Towers shall meet main dwelling setbacks for the particular zone in which the tower is located.
      (3)   Safety measures. There shall be sufficient safety measures to prevent the tower from becoming a climbing hazard.
      (4)   Easement, right-of-way. The tower shall not be located on a utility easement or right-of-way.
      (5)   Joint ownership. In the case of joint ownership of a tower, the structure may be located on any lot as approved by the Building Inspector, providing the tower meets setback requirements mentioned above in respect to all perimeter properties.
      (6)   Permit and certificate. The owner shall obtain a building permit and certification by a registered engineer as to the safety of equipment and installation.
   (C)   Solar equipment.
      (1)   Applicability. These regulations shall apply to all solar heating developments, private or public, to the extent that design review is not preempted by state or federal law.
      (2)   Review and standards. All applications for building permits for structures with solar installations shall be forwarded to the Planning Department for review and approval. The proposed installation will be reviewed to ensure compliance with the following standards:
         (a)   Collectors shall not reflect sunlight into neighboring windows;
         (b)   The installation shall extend no higher than roof ridgeline, or, on a flat roof, a parapet wall;
         (c)   The installation shall stand no more than seven feet above the surface of the roof and shall not exceed the maximum height for structures in the zone;
         (d)   The color of collector frames shall be compatible with the roof;
         (e)   The piping shall blend with the surface to which it is attached; and
         (f)   The ends of the panel arrays shall be covered and mounting brackets shall blend with the roof and not be visible from front yard.
   (D)   Planning Commission review.
      (1)   Necessity. If a review by the Planning Commission is considered necessary, the development shall be reviewed at a regularly scheduled meeting.
      (2)   Information required. At the time of the meeting, the applicant shall provide the following:
         (a)   Site plan;
         (b)   Drawings showing existing building elevations;
         (c)   Landscaping and screening plans;
         (d)   The kind, color and texture of materials to be used; and
         (e)   Any other pertinent information determined to be necessary by the County Planner.
      (3)   Action. The Planning Commission shall approve, approve with conditions or deny the development or structure.
(Prior Code, § 8-6-14)