Satellite dish antennas are permitted in all districts subject to the following restrictions.
(A) Conditional use permit required. All installations of satellite antennas dishes (herein “dish”) shall be considered extraordinary structures; and may only be installed upon obtaining a conditional use permit and a building permit prior to commencing installation.
(B) Permit issuance criteria; residential districts. No conditional use permit or building permit shall be granted for a satellite dish in Districts A1, R1, R2, R3 and R4, unless:
(1) All installations shall exhibit architectural quality; coloration to blend with surroundings and structural integrity. Experimental or temporary installations, inferior materials and questionable stability are not permitted. In every case, the entire installation shall be compatible with the character of the surrounding area of the town and shall have no adverse impact on the property, the neighborhood or general public. Permanent foundations shall be adequate for anticipated wind loads. Electrical connections shall be low voltage direct, except where the device connected is Underwriter’s Laboratory approved, in which case alternating current will be allowed to code requirements. Consideration shall be given to protection of children as in the case of an attractive nuisance;
(2) The smallest practical size shall be used for any dish. Such dish shall be of a size no greater than eight feet in its maximum dimension. Any such dish shall be mounted as close to the ground as possible, and shall not raise from the ground in excess of ten feet in height at its maximum point. Elevated installations on poles or roofs are prohibited;
(3) The construction and installation of a satellite dish shall strictly conform to all town ordinances. Once the dish is installed, it shall be maintained and the condition of the dish shall not be allowed to deteriorate or fall into disrepair;
(4) The applicant demonstrates that the proposed location is such that during all seasons, no part of the dish structure will be visible to the general public from a point that is between the ground level and ten feet above ground level on surrounding property. This provision is satisfied by the installation of a screen for the dish at the time of installation;
(5) No more than one such satellite dish may be installed on a single zoning lot;
(6) In every case, the installation shall be located in the rear yard. The location shall not be in the required setback areas, unless encroachment in the required side or rear setback areas provides an acceptable location if otherwise conformity with all of the other provisions of this section. In such case, a variation is required, and the applicant shall file a petition with the Board of Zoning Appeals; and
(7) In the event that compliance with this section prevents the reception of satellite signals by satellite receiver antennas, a variance from this section may be granted by the Board of Zoning Appeals.
(C) Conditional use permit issuance; nonresidential districts. No conditional use permit or building permit shall be granted for satellite dishes in a nonresidential district unless:
(1) The applicant demonstrates that the intended use is authorized under applicable federal law;
(2) The smallest practical size shall be used for any dish. Such dish shall be of a size no greater than eight feet in its maximum dimension. Any such dish to be mounted on a rooftop shall be reviewed by a licensed engineer or architect. No installation shall exceed the height of any existing structure on the building or surrounding buildings; provided that the overall height of the satellite dish does not exceed 35 feet from ground to the top of the antenna. Elevated installations on poles are prohibited. Any such dish shall be mounted as close to the ground or roof as possible and shall not be more than ten feet in height from the ground or roof to its highest point;
(3) The construction and installation of a satellite dish shall strictly conform to all town ordinances. Once the dish is installed, it shall be maintained and the condition of the dish shall not be allowed to deteriorate or fall into disrepair;
(4) The applicant demonstrates that the proposed location is such that during all seasons, no part of the dish structure will be visible to the general public from a point that is between the ground level and ten feet above ground level on surrounding property. This provision is satisfied by the installation of a screen for the dish at the time of installation. For purpose of rooftop installations, no part of the dish structure shall be visible from the ground;
(5) No more than one such satellite dish may be installed on a single zoning lot;
(6) Where nonresidential property abuts residential property, it must comply with the location requirements of division (B)(4) above on the abutting side;
(7) All installations shall exhibit architectural quality; coloration to blend with surroundings, and structural integrity. Experimental or temporary installations, inferior materials and questionable stability are not permitted. In every case, the entire installation, including coniferous plantings, shall be compatible with the character of the surrounding area of the town and shall have no adverse impact on the property, the neighborhood or general public. Permanent foundations shall be adequate for anticipated wind loads. Electrical connections shall be low voltage direct, except where the device connected is Underwriter’s Laboratory approved, in which case alternating current will be allowed to code requirements. Consideration shall be given to protection of children as in the case of an attractive nuisance; and
(8) In the event that compliance with this section prevents the reception of satellite signals by satellite receiver antennas, a variance from this section may be granted by the Board of Zoning Appeals.
(D) Procedure.
(1) An application for a conditional use permit for installation of a satellite dish shall be obtained from the office of the Administrator. The Administrator may approve the application if it meets the requirements of this chapter.
(2) Where a variation, pursuant to division (B)(7) above or this chapter is requested or required, the application shall be submitted to the Board of Zoning Appeals for review and final decision.
(E) Application. In all requests for conditional use permits, the application shall include all items generally required for the actions sought (i.e., applicable fees, conditional use permit, building permit, zoning variation and the like), plus the following:
(1) Plot plan showing proposed location and dish projection at extremes of the satellite band to be viewed. This requirement will be satisfied by drawing radial lines from a point representing the pivot point of the dish to each end of the satellite band, then drawing a line perpendicular to each radial at a distance scaled to the distance between the rim of the dish to the pivot point. Each perpendicular line shall be scaled to the diameter of the dish to show its maximum protection on the plan at the extremes of its satellite scan. Compass directions will be adequate for this requirement;
(2) Plans and specifications for the installation, including elevations, dish configurations, mount and foundation;
(3) Complete description of any vegetation on the property;
(4) Landscape plan for screening the installation from street view; and
(5) Location of principal structures on adjacent lots.
(F) Roof and other antennas.
(1) Roof mounted TV antennas are permitted in all districts, subject to the following restrictions.
(a) Number. The number of antennas permitted per principal structure shall conform to the following:
1. One antenna per single-household detached dwelling;
2. One antenna per individually serviced single-household attached or duplex dwelling;
3. One antenna per multi-household building;
4. One antenna per commercial use, whether freestanding or part of a multi-use building; and
5. The number of antennas per conditional use shall be controlled by conditional use permit.
(b) Dimension. The maximum dimension, whether height, length or diameter, of any antenna shall not exceed ten feet.
(c) Mounting. No antenna shall be mounted on the roof at the front of the house.
(d) Other. Any TV antenna which does not meet the requirements division (F)(1)(a) through (F)(1)(c) above, shall be considered a conditional use. In considering the granting of this conditional use the Board of Zoning Appeals shall find that, in addition to all other standards for conditional uses, the rooftop television antenna will be located so as to minimize its visibility from other properties.
(2) Amateur radio facilities: antennas and support structures for amateur radio operators which are licensed by the Federal Communications Commission may be allowed, subject to particular zoning district regulations, provided that such antennas, whether mounted on a rooftop or on the ground, shall not extend more than 20 feet above the maximum height for permitted uses in the district.
(Ord. 1997-1, § 130.3(D), passed 1-22-1997)