(A) Objectives. The regulations in this section are established to meet the following objectives:
(1) To enhance the aesthetic values in the city by assuring that the appearance, location and height of antennas and satellite dish antennas do not unreasonably interfere with the rights of neighboring property owners to use and enjoy their properties, and by assuring the compatibility of such antennas with surrounding properties.
(2) To enhance public safety in the city by protecting persons and property from injury or damage that might be caused by improper location, installation and grounding of antennas and satellite dish antennas.
(B) Antennas, including satellite dish antennas, shall be permitted uses in all zoning districts, subject to the requirements set forth in this chapter.
(C) Permit required.
(1) No person shall construct, erect or install any antenna or satellite dish antenna without obtaining a building permit therefor, except that no permit shall be required for satellite dish antennas that are less than one meter (approximately 39 inches) in diameter.
(2) Except as provided in division (C)(1) of this section, an application for a permit shall be filed with the Community Development Department for all antennas and satellite dish antennas, and such application shall include the following:
(a) Name, address and telephone number of the person installing the antenna;
(b) Name and address of the owner of the lot on which the antenna will be located;
(c) A description of the antenna, showing its dimensions, structural specifications and location on the lot, including all other surrounding buildings and structures on the lot and the lot lines.
(d) For roof- or wall-mounted satellite dish antennas that are more than two meters (approximately 79 inches) in size, plans shall be certified by a registered engineer as to the structural integrity of the building or structure with respect to the location of the antenna thereon.
(D) General requirements. The following requirements shall apply to all antennas, including satellite dish antennas, which are located, constructed or installed in the city.
(1) Except for antennas and satellite dish antennas attached to single-family residences, all antennas, including satellite dish antennas, shall be constructed of noncombustible materials, and shall be provided with U.L.-approved lightning protection devices.
(2) Color. All antennas, including satellite dish antennas of any size, and the antenna supporting structures on which they are mounted, shall be black, gray, white, silver, tan, beige or other light brown shades of color, to match or blend with the predominant color of the roof or wall surface, if roof- or wall-mounted, or the color of the surroundings if ground-mounted.
(3) Wind loads. All antennas, including satellite dish antennas of any size, and any antenna supporting structures on which they are mounted or installed, shall be designed to withstand a minimum wind velocity of 80 miles per hour (impact pressure of 32 pounds per square foot).
(4) No obstruction of rights-of-way or property. No antenna, including satellite dish antennas of any size, shall extend above, across, over or under any public or private right-of-way, including sidewalks located thereon, or have any wires or metal rods that extend therefrom above, across, over or under any public right-of-way, including sidewalks located thereon.
(5) Burying wires. All wires, rods and other connectors between an antenna, including satellite dish antennas, and the building receiving services from such antenna, shall be located underground if ground-mounted, or securely attached to or located within the building receiving services if roof- or wall-mounted.
(6) Screening. Landscape screening of ground-mounted antennas, including satellite dish antennas as provided herein, shall be required to completely enclose such antennas with non-deciduous landscape materials or fencing having an opacity of at least 75%, at a height not less than the height of the antenna along the antenna's non-reception window axes, with low level screening along the reception window axes of the antenna's supporting structure. Such screening shall be required in the following locations and circumstances:
(a) In single-family and multiple-family residential districts where the use is residential in nature, satellite dish antennas that are one meter (approximately 39 inches) or more in size.
(b) In business districts or in single-family residential districts and multiple-family residential districts on properties where the use is non-residential, satellite dish antennas that are two meters (approximately 79 inches) or more in size.
(c) In all districts for antennas other than satellite dish antennas.
(7) Lighting and advertising. All antennas, including satellite dish antennas, shall comply with all applicable FCC and FAA requirements. No lights, or signs or other advertising, shall be permitted on any antenna or antenna supporting structure unless required by the FCC or the FAA.
(E) Location requirements. Except as otherwise provided in this section, all antennas, including satellite dish antennas, shall comply with all applicable accessory use, yard, height, bulk and setback requirements specified in this chapter. Antennas, including satellite dish antennas, shall be located on a lot in accordance with the following preferred requirements, taking into account the requirements for reasonable reception of signals, including satellite signals:
(1) Detached and attached single-family residential districts for residential uses:
(a) First preference is for roof-, balcony- or wall-mounted antennas, including satellite dish antennas:
1. First preference for such roof-, balcony- or wall-mounted antennas is for mounting such antennas on that portion of a roof, balcony or wall that faces a rear yard; or
2. If the signal, including satellite signals, cannot be reasonably received by mounting such antennas on that portion of a roof or wall that faces a rear yard, second preference for such roof-, balcony- or wall-mounted antennas is for mounting such antennas on that portion of a roof or wall that faces a side yard; provided that such antennas shall be installed so that they are not visible between ground level and ten feet above ground level from any street adjoining the front yard of the lot on which they are located.
3. Such antennas shall be mounted so that they will not extend more than four feet into the minimum required rear or side yard, except that if such antennas are mounted on a detached garage or shed, no portion thereof shall be located less than three feet from the rear or side lot lines.
(b) Second preference is for ground-mounted antennas, including satellite dish antennas:
1. First preference for ground-mounted antennas is for installing such antennas in the rear yard, if at all practicable for purposes of reception of signals, including satellite signals.
2. If signals, including satellite signals, cannot be reasonably received if such antennas are located in the rear yard, second preference for such ground-mounted antennas is for such antennas to be located in a side yard.
3. Such antennas shall be installed so that they will not extend more than four feet into the minimum required rear or side yard.
(2) Business districts, multiple-family residential districts, or multiple-family or single-family residential districts where the use on a lot is nonresidential:
(a) First preference is for roof-mounted antennas, including satellite dish antennas, mounted on the roof of the principal structure on a lot, with effective roof screening so that the antenna is not visible from any adjoining street or abutting residential property.
(b) Second preference for wall- or balcony-mounted antennas, including satellite dish antennas:
1. First preference for such wall- or balcony-mounted antennas is for mounting such antennas on that portion of the wall or balcony of the principal building that faces a rear yard.
2. If the signal, including satellite signals, cannot be reasonably received by mounting such antennas on that portion of a wall or balcony of the principal building that faces a rear yard, second preference for such wall- or balcony-mounted antennas is for mounting such antennas on that portion of a wall or balcony of the principal building that faces a side yard; provided that such antennas shall be installed so that they are not visible between ground level and ten feet above ground level from any street adjoining the front yard of the lot on which they are located.
3. Such antennas shall be mounted on the balcony or wall of the principal building so that they will not extend more than four feet into the minimum required rear or side yard.
4. If the signal, including satellite signals, cannot be reasonably received by mounting such antennas on that portion of a wall or balcony of the principal building that faces a rear or side yard, third preference for such wall- or balcony-mounted antennas is for mounting such antennas on an accessory building or structure on any wall; provided that no portion of such antennas shall be located less than three feet from the rear or side lot lines.
(c) Third preference is for ground-mounted antennas, including satellite dish antennas:
1. First preference is for installing such antennas in the rear yard.
2. If signals, including satellite signals, cannot be reasonably received if such ground mounted antennas, are located in the rear yard, such antennas may be located in a side yard.
3. Such antennas shall be installed so that they will not extend more than four feet into the minimum required rear or side yard.
(F) Size, height and number of antennas, including satellite dish antennas. The size, height and number of antennas on a zoning lot, including satellite dish antennas, shall conform with the following requirements:
(1) In detached or attached single-family residential districts where the use is residential:
(a) The height of antennas, including satellite dish antennas, and including any antenna supporting structure other than the residence structure on which they are mounted, shall not exceed three feet above the peak or highest point of the roof of the residence structure.
(b) The size of satellite dish antennas shall not exceed one meter (approximately 39 inches).
(c) The number of ground-mounted antennas, including satellite dish antennas, shall not exceed one antenna, as an accessory structure only.
(2) In business zoning districts, multiple-family residential districts, or multiple-family residential or single-family residential districts where the use on a lot is nonresidential:
(a) The height of antennas, including satellite dish antennas, and including any antenna supporting structure other than the building on which they are mounted, shall not exceed ten feet above the maximum permitted height for buildings and structures in multiple-family residential districts and for nonresidential uses in single-family residential districts, and 15 feet above the maximum permitted height for buildings or structures in business districts.
(b) The parts of antennas, other than satellite dish antennas, shall not extend more than 15 feet laterally from the antenna supporting structure, and no more than three additional antennas shall be attached to the antenna supporting structure.
(c) Not more than 100 cubic feet of air space shall be occupied.
(G) If the signal, including satellite signals, cannot be reasonably received if an antenna, including a satellite dish antenna, is installed in accordance with the requirements of this section, an administrative variation may be granted by the Zoning Administrator if the owner or permit applicant provides information sufficient to show that such signals cannot be reasonably received. The Zoning Administrator shall evaluate the information provided and shall determine an appropriate alternative location, height, or size of antenna, and shall grant a permit that shall include the specific criteria allowed for reasonable reception.
(Ord. 08-1, passed 5-13-08) Penalty, see § 156.999