1367.11 NO PERMIT OR FEE REQUIRED FOR CERTAIN TYPES OF SATELLITE DISH ANTENNAE.
   (a)   The permit application and permit fee requirements of this chapter shall not apply to the installation, erection and/or maintenance of any of the following types of satellite dish and other antennae:
(1)   Satellite dish antennae which are one meter (39.37") or less in diameter and are designed to receive direct broadcast satellite (DBS) service, including direct-to-home satellite service or to receive fixed wireless signals other than via satellite; and
      (2)   Satellite dish antennae or other antennae which are one meter (39.37") or less in diameter or diagonal measurement and are designed to receive video programming services via MMDS (wireless cable), including Broadbent radio service providers or transmit fixed wireless signals other than via satellites; and
      (3)   Satellite dish antennae or other antennae which are one meter (39.37") or less in diameter and are designed to receive television broadcast signals or stations (TVBS).
   Such equipment may be installed as provided in Subsection (b) upon notification and without any prior review or delay, additional cost or fee, or other preclusive restrictions enforced by the City. Upon installation, notification shall be issued by the resident or installation professional by telephone, fax, email, standard form, or any written communication directed to the Building Commissioner. Such notification shall provide the address and general location of the equipment. Notification may be issued prior to installation but is required to be delivered within thirty (30) days thereof. The Building Commissioner shall acknowledge receipt of such notification and issue installation requirements that describe safety and security measures, as well as location restrictions.
   (b)   Based on the following specifically stated safety reasons, equipment under subsection (a) hereof shall not be installed in the following locations:
      (1)   Upon or within a fire escapes, emergency access doorway, or otherwise in conflict with other means of ingress or egress required by Ohio Building or Fire Code, so as not interfere with access or inhibit exit;
      (2)   Within ten (10') feet of any electrical or other utility line, whether underground or overhanging, in order to avoid conflict with or interruption of power or other services;
      (3)   Within a historic district or upon the premises of a historic landmark unless a Certificate of Appropriateness is issued by the Landmarks Commission pursuant to Chapter 165;
      (4)   Upon a mast higher than twelve feet (12'), whether measured from the ground or roofline, unless the permit application and permit fee requirements of this and any other relevant chapter of the Codified Ordinances are fully complied in order to secure the structure against wind and weather;
      (5)   Within the front setback or attached to the front of a structure except where reasonably necessary to obtain an unobstructed, direct view for satellite signal reception or transmission;
      (6)   Beyond the space limitations of areas allotted to the exclusive use of occupants of condominium or multiple residence structures or otherwise within the common areas in violation of private restrictions, such as hanging from a balcony.
   (c)   All federally regulated transmitters, including customer-end fixed wireless antennas that emit radio frequency (RF) exposure, shall be labeled and located as required by federal law to minimize potential RF safety hazards. Such transmitting antennas are not exempt from permit application and fee requirements of this chapter and shall only beinstalled by licensed, registered professional in order to insure compliance with federal RF emission standards and distance regulations.
   (d)   Satellite dish antennae which is not operational or has been disconnected, damaged or abandoned shall either be promptly repaired, replaced, reactivated or removed, together with any attendant mast arms, fixtures, mounting elements, wiring, and siding. Such abandoned equipment is hereby declared to be a nuisance and safety hazard.
(Ord. 2012-64. Passed 8-21-12.)