(a) SCOPE. This section of the Planning and Zoning Code regulates the installation of satellite antennas, microwave antennas, other microwave equipment and microwave transmitting and relay stations in all zoning districts within the City.
(b) FINDINGS AND DECLARATION. The Planning Commission and Council recognize that this section may be preempted under 47 CFR 25.104; however, the Planning Commission and Council finds that the installation of satellite and microwave antennas and equipment can, unless controlled, affect the aesthetic and safety values of agricultural, residential, commercial and industrial areas. Therefore, the installation of those antennas and equipment is regulated to result in locations which are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts. The Planning Commission and Council do hereby declare that the purpose of adopting this Part of the Planning and Zoning Code is to protect the aesthetic integrity and safety values of neighborhoods within the City. The City has adopted regulations which provide for such aesthetic and safety protection while placing the least possible restrictions or limitations upon the legitimate ability of residents to avail themselves of the current and future satellite and microwave technology. The Planning Commission and Council have knowingly and intentionally provided for restrictions on such aspects of satellite and microwave antennas as to color and location and roof mounting because those aspects of regulation relate directly to aesthetic and safety considerations which are important to all residents of the City, not just those who choose to avail themselves of the technology of satellite and microwave technology, and those aspects of regulation are deemed not to interfere unreasonably with the right of a homeowner or business owner to avail himself or herself of, and to receive, said technology.
(c) SATELLITE ANTENNAS. A satellite antenna or microwave receiving antenna, as defined in Section 1101.01 may be installed in any zoning district, as an accessory use. Each such antenna shall comply with the following criteria:
(1) A setback equal to the height of the antenna or the setback which applies to the principal structure, whichever is greater, is required between the property line and any part of the antenna. In addition, installation is prohibited between any street and principal building on the site except as provided in paragraph (2) below.
(2) In any case where a lot backs up to a public right-of-way or private street, a setback of 15 feet is required between the public right-of-way or the curb of a private street and any portion of the satellite antenna.
(3) The maximum height of the antenna shall be 12 feet measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it.
(4) All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground except those wires or cables attached flush with the surface of a building.
(5) An antenna may not be installed with the use of guy wires.
(6) An antenna may not have a highly reflective surface or color. In addition, colors shall be subdued.
(7) No more than one (1) antenna is allowed on a parcel.
(8) An application for architectural review shall be filed by the property owner or his or her duly authorized agent in a form and manner prescribed by the Zoning Administrator. An applicant shall file, with the Zoning Administrator, a site plan and landscaping plan and other related data which may be required.
(9) Landscaping or solid screening shall be installed around an antenna to screen it from adjacent public streets, public areas of the development or adjacent properties. No such screening is required when the antenna is located so that it is not visible from adjacent public streets, public areas of the development or adjacent properties.
(10) Additional landscape screening shall be installed around an antenna located in a hillside area where visibility from surrounding area is greater.
(11) A satellite antenna may not be installed on the roof of a structure, unless structural integrity is provided by an applicable Engineer with the application.
(12) An antenna shall be maintained in an operational state with no structural defects or visible damage.
(13) The design and location of the satellite antenna must be approved by the Zoning Administrator. The Zoning Administrator shall consider the application for compliance and may require such plans and supplemental information as may be needed to review the application. The following criteria shall be considered:
A. Whether or not the aesthetic and safety values of agricultural, residential, commercial and industrial areas have been adequately protected.
B. Whether or not there has been compliance with all rules, regulations and codes.
C. Whether or not the placement is least visible from public rights-of- way in the vicinity, while not burdening adjacent property owners with adverse visual impacts.
(d) MICROWAVE RECEIVING ANTENNAS. Microwave receiving antenna installation shall comply with the following criteria:
(1) A microwave receiving antenna installed in a residential zoning district or residential area of a planned unit district shall comply with the following:
A. The antenna may not exceed 48 inches in diameter and shall be mounted on a building or roof.
B. If installed on a roof, the highest point of the antenna may not be higher than the diameter of the antenna above the roof surface directly under the antenna.
C. All wires or cable necessary for the operation of the antenna or reception of the signal shall be placed underground when wires are extended past the primary building where the antenna is placed, except those wires or cables attached flush with the surface of a building.
(2) A microwave receiving antenna installed in any nonresidential zoning district or nonresidential portion of a planned unit district shall comply with the following:
A. Installation is prohibited in any required front or street side yard setback area.
B. All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of the building.
C. An antenna may not be installed with the use of guy wires.
D. The antenna shall be placed on the site so as not to interfere with on-site pedestrian or vehicular circulation.
E. Landscaping or solid screening shall be installed around the base of any tower so as to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular circulation.
(3) An antenna shall be maintained in an operational state with no structural defects or visible damage to the antenna or its structure.
(4) The design and location of the antenna must be approved by the Zoning Administrator. The Zoning Administrator shall consider the application for compliance and may require such plans and supplemental information as may be needed to review the application. The following criteria shall be considered:
A. Whether or not the aesthetic and safety values of agricultural, residential, commercial and industrial areas have been adequately protected.
B. Whether or not there has been compliance with all rules, regulations and codes.
C. Whether or not the placement is least visible from public rights-of- way in the vicinity, while not burdening adjacent property owners with adverse visual impacts.
(e) MICROWAVE TRANSMITTING AND RELAY EQUIPMENT. Microwave transmitting and relay dish-shaped antennas may be installed in any zoning district, except residential districts or residential areas of planned unit districts, subject to obtaining a conditional use permit from the Planning Commission and subject to all requirements of provision (d) paragraph (2) of this section.
(f) GRANTING OF LAND USE OR PERMITS. That notwithstanding other provisions of this Planning and Zoning Code that establishes criteria for issuance of a conditional use permit, a conditional use permit for placement of microwave transmitting and relay equipment shall be exclusively subject to the criteria found in Section 1127.21(m) of this Planning and Zoning Code.
(g) NONEXCLUSIVE REGULATION. This section supplements and is in addition to other regulatory codes, statutes and ordinances.
(h) APPLICATION FOR PERMIT AND PLANS.
(1) Any person who desires to install or erect satellite and microwave antennas and/or equipment and/or microwave transmitting relay equipment shall apply to the Zoning Administrator for a permit. An occupant, renter, or co-owner shall have the written permission of all owners of the lot, premises or parcel of land within the City on which such satellite and/or microwave antennas and/or equipment and/or microwave transmitting relay equipment is proposed to be installed or erected.
(2) The applicant shall submit a written application upon forms provided by the Zoning Administrator and shall also submit:
A. A plot plan of the property or parcel of land showing the exact location of the proposed antenna or station and all other buildings on the subject property;
B. A description of the kind of antenna and/or equipment proposed; and
C. Plans showing specifications and elevations of the proposed antenna and/or equipment with sufficient details to show the method of assembly and construction.
(3) The written application shall indicate the names of the owners of the subject property, the occupant or occupants of the subject property and the contractor or other persons proposed to construct or erect the proposed antenna and/or equipment.
(4) The Zoning Administrator or the Administrator’s designee, may issue the permit provided the applicant has met all requirements of this Planning and Zoning Code.
(i) PERMIT FEE. Prior to issuance of a permit for a satellite antenna or microwave receiving antenna or microwave relay equipment, the applicant shall pay a processing fee as established in Section 1105.02, to cover cost of plan review and permit issuance.
(j) INSPECTION. The Zoning Administrator or the Administrator’s designee, shall inspect and reinspect erected or installed satellite antenna or microwave receiving antenna or microwave transmitting relay equipment and if any antenna or equipment is or becomes out of compliance with any City Code, the owner shall be notified:
(1) To make repairs and alterations to cause the antenna to be in compliance with the Code or
(2) To remove the antenna and/or equipment.
(k) ANTENNA AND STATION CONSTRUCTION; SUPPORT STRUCTURES.
(1) Only galvanized metal support construction or equivalent shall be permitted.
(2) The structure, installation and electrical wiring must be in conformance with all applicable City Building, Electrical, Zoning, Engineering, and Fire Codes, as well as other applicable ordinances.
(3) Only a concrete base or caissons, depending on soil conditions, extending not less than three feet below the surface shall be employed. The top of the base or caissons shall be even with the ground level.
(4) The maximum height and dimensions shall be as contained in this section; however, in no event shall the maximum height of any satellite or microwave antenna or microwave transmitting and relay equipment exceed 12 feet from the natural grade level, except when roof-mounted, then it shall not exceed 35 feet, unless by approved variance.
(5) The structure, including the foundation, shall be designed to withstand wind force of up to 90 miles per hour.
(6) Any driving motor shall be limited to 125 volt maximum design voltage. The motor and all other rotating parts shall be contained in protective guards.
(7) The satellite earth station shall be bonded to a grounding rod in accordance with the requirements provided in the National Electrical Code, NFPA 70 2008 Edition.
(l) EXISTING STRUCTURES. Subject to the provisions of this section, any satellite earth station erected prior to the effective date of this Planning and Zoning Code is hereby declared to be a legal nonconforming structure.
(Ord. 074-10. Passed 12-20-10.)