15-13-12: DAYCARE CENTER AND LICENSED CHILD CARE REGULATIONS:

   A.   Daycare Center Regulations: A daycare center shall comply with the following:

      1.   Licensing: The regulations and licensing of daycare centers shall be in accordance with Utah Code Annotated title 62A, chapter 2, as amended, or any successor provision.

      2.   Fence: All outdoor play areas shall be within fenced area and shall be limited to use between the hours of eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. Fence height shall be in accordance with section 15-13-7 of this chapter.

      3.   Off Street Parking: Sufficient off street parking shall be provided to satisfy the requirement of section 15-12-3 of this title.

   B.   Licensed Family Child Care Regulations: A provider of licensed family child care shall comply with the following:

      1.   Hours Of Operation: Hours of operation shall be limited to between the hours of seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M.

      2.   Outdoor Areas: All outdoor play areas shall be within a fenced area. Fence height shall be in accordance with section 15-13-7 of this chapter.

      3.   Pick-Up And Drop-Off: Pick-up and drop-off times shall be staggered so that no more than eight (8) children are being dropped-off/picked-up at a time. Pick-up and drop-off procedures shall not interfere with the flow of traffic on any through streets.

      4.   The provider must be at least eighteen (18) years old and be the owner and occupant of the dwelling being used to provide child care. Two (2) qualified caregivers are required if there are more than eight (8) children in care and if there are more than two (2) children younger than two (2) years old in care. A provider may not provide care for more than four (4) children younger than two (2) years old.

      5.   The provider shall be licensed by the State of Utah and comply with all interior and exterior size requirements and other applicable rules or regulations.

(Ord. 73-22, 7-12-1973; amd. Ord. 90-52, 10-25-1990; Ord. 2020-60, 12-1-2020)

15-13-13: SEXUALLY ORIENTED BUSINESSES:

   A.   Purpose: It is the purpose and object of this section that the city establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the community of Ogden, to protect adjoining uses, to provide visibility of parking areas in order to promote management supervision and oversight by law enforcement agencies, and to regulate the signage of such businesses and to control the adverse effects of such signage and prevent inappropriate exposure to the community. This section is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the United States and Utah constitutions. Except where the context or specific provisions require, this section does not supersede or nullify any other related zoning ordinances. This section, together with the other provisions of this title referencing or duplicating the regulations imposed herein, shall be known and referred to as the SEXUALLY ORIENTED BUSINESS ZONING ORDINANCES.

   B.   Definitions: For the purpose of this section, the following terms shall have meanings defined in this subsection:

   EDUCATIONAL INSTITUTION: A public elementary or secondary school, seminary, parochial school or private education institution having a curriculum similar to that ordinarily given in grades one through twelve (12) in a public school system. The term educational institution for the purpose of this section does not include post-high school educational facilities.

   HISTORIC BUILDING: A structure which is listed on the Ogden City register of historic resources or the National Register of Historic Places.

   HISTORIC DISTRICT: An area containing a significant number of historic buildings which has been designated and listed as a historic district on the Ogden City register of historic resources or the National Register of Historic Places.

   PUBLIC PARK: A park, playground, swimming pool, nature reserve, fairground, golf course or athletic field within the city which is owned, operated or maintained by the city or the county.

   RELIGIOUS INSTITUTION: A building which is used primarily for religious worship and related religious activities.

   SEXUALLY ORIENTED BUSINESSES: An inclusive term used to describe collectively those businesses for which a sexually oriented business license is required, pursuant to the sexually oriented business license chapter, set out in title 5, chapter 15 of this code, which types of businesses include for purposes of this section: outcall services, adult entertainment dancing agencies, adult businesses (an inclusive term including adult motion picture theaters, adult bookstores and adult video stores), and adult live entertainment businesses. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of this title.

   C.   Businesses Permitted Where; Separation Requirements:

      1.   Outcall services and adult entertainment dancing agencies as such terms are defined in title 5, chapter 15 of this code, shall be permitted uses in areas zoned C-2, C-3, C-MU, and C-9.

      2.   Unless otherwise specifically allowed in the use regulations applicable to a specific zoning category, adult businesses and adult live entertainment businesses as such terms are defined in title 5, chapter 15 of this code, shall only be permitted in areas zoned C-3 under chapter 38 of this title, M-1 and M-2 under chapter 21 of this title, subject to the following additional restrictions:

         a.   No adult business or adult live entertainment business shall be located:

            (1)   Within a six hundred sixty foot (660') radius of any religious institution, educational institution, public park, public library, the Ogden entertainment subdivision, the Newgate Mall, the Ogden River Parkway trail or the Weber River Parkway trail;

            (2)   Within a one thousand foot (1,000') radius of any residential zoning district;

            (3)   Within six hundred sixty feet (660') of any historic building or district;

            (4)   Within a one thousand foot (1,000') radius of any other adult business or adult live entertainment business.

      3.   Distance requirements between structures and uses specified in this subsection shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest property boundary of the educational institution, park, religious institution, library, mall, subdivision, river parkway trail, zoning district, historic building, historic district, or other sexually oriented business.

      4.   An adult business or adult live entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business license, within six hundred sixty feet (660') of the adult business or adult live entertainment business, of a religious institution, educational institution, public park or public library, a religious institution, educational institution, public park or public library, a designated historic building or historic district, or the creation of a residential zoning district within one thousand feet (1,000'). This provision applies only to the renewal of a valid license and it does not apply when an application for license is submitted after a license has expired or has been revoked.

   D.   Additional Site Development Standards: Notwithstanding anything contrary contained in this title regarding minimum site development standards under chapter 4 of this title or minimum parking standards under chapter 12 of this title, the more restrictive site development or parking standard shall apply. The following additional site development or parking standards shall apply:

      1.   All parking spaces or parking lots for adult businesses or adult live entertainment businesses shall be:

         a.   Located on the same lot with the main building; and

         b.   At a location on the site visible from a public street.

      2.   Building entrances for customers or patrons shall face or be visible from a public street.

   E.   Restrictions On Signage Or Attention Drawing Devices: Notwithstanding anything contrary contained in title 18 of this code, the more restrictive standards for signs imposed herein shall prevail. Signs for sexually oriented businesses and other devices designed to draw attention to the business shall be limited as follows:

      1.   No more than one sign shall be allowed on any sexually oriented business premises.

      2.   No sign on the sexually oriented business premises shall be allowed to exceed eighteen (18) square feet.

      3.   No animation shall be permitted on or around any sexually oriented business sign, or on the exterior walls or roof of the premises.

      4.   No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sexually oriented business sign, which shall contain alphanumeric copy only.

      5.   Only flat wall signs shall be permitted for any sexually oriented business.

      6.   No painted signs or painted wall advertising shall be allowed, including any signage or advertising painted on the inside of any window or other translucent material which is visible from the outside of the building.

      7.   The building and the premises of the sexually oriented business shall be kept free of any temporary signs or banners, as such terms are defined in title 18 of this code.

      8.   The premises of the sexually oriented business shall be kept free of vehicles or trailers displaying signage that identifies the name of the business, displays descriptive art or designs depicting any activity related to, or inferring, the nature of the sexually oriented business, or otherwise draws attention to the business or the business location; provided that signage on the driver door or front passenger door of a business vehicle shall not be prohibited.

      9.   No searchlights or other outdoor activities or promotional events that draw attention to the business or the business location shall be allowed on the premises.

      10.   Outdoor lighting shall be designed to direct all light toward the ground and all light poles shall be restricted to a height of twenty feet (20'). This provision is not intended to restrict the seasonal use of nonflashing, miniature lighting on trees or shrubs.

      11.   No outdoor music or use of a "sound amplification device", as defined in title 12, chapter 14 of this code, shall be used to draw attention to the business or business location.

   F.   Drinking Establishment: If a proposed drinking establishment is already licensed as an adult live entertainment business, or if approvals are being sought for both uses concurrently, it shall be presumed that any location in a zone allowing a drinking establishment and meeting the distance requirements for an adult live entertainment business, is an appropriate location for a drinking establishment and shall be considered a permitted use, notwithstanding any other provisions of this title classifying such use as a conditional use. Any drinking establishment so allowed as a permitted use shall also be subject to the following:

      1.   No more than two (2) drinking establishments per linear block.

      2.   The location is in a zone allowing a drinking establishment as a conditional use.

      3.   The parking location meets the requirements of parking for a sexually oriented business.

(Ord. 2009-61, 10-27-2009; amd. Ord. 2020-24, 6-23-2020; Ord. 2023-16, 4-11-2023)

15-13-14: ZERO SIDE YARD PROVISIONS:

At the time of subdivision approval by the planning commission and mayor, one zero side yard may be permitted per lot in the subdivision under the following conditions:

   A.   When the remaining one side yard is equal to the combined total of the required two (2) side yards of the zone in which is located; and

   B.   No window or other similar opening shall be installed in the building or any accessory building along the side having a zero side yard; and

   C.   No zero side yard will be permitted on the lot side bordering on a nonresidential zone, or on the lot side bordering on a residential lot not utilizing zero side yard provisions; and

   D.   The use of the zero side yard provisions is contingent upon development of or commitment to development of a zero side yard on adjacent lots; and

   E.   The approved location of each dwelling and accessory buildings utilizing the zero side yard concept must be designated on each lot on the approved final subdivision linen; and

   F.   All building permits will be issued in strict accordance with the building site restrictions as shown on the approved subdivision linen. Any changes in the location of buildings from the locations shown on the approved linen must be approved by the planning commission and mayor and an amended final linen recorded with the county recorder showing the approved changes; and

   G.   In the case of existing subdivisions, the zero side yard concept may be utilized upon compliance with the above provisions and upon issuance of a conditional use permit approved by the planning commission.

(Ord. 78-56, 12-7-1978; amd. Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991)

15-13-15: RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY:

   A.   Applicability: If any facility, residence, or other circumstance meets the definition of a "residential facility for persons with a disability" as set forth in chapter 2 of this title, the requirements of this section shall govern the same notwithstanding any other provision of this title.

   B.   Purpose: The purposes of this section are:

      1.   To comply with section 10-9-605 of the Utah code; and

      2.   To avoid discrimination in housing against persons with disabilities as provided in the Utah fair housing act and the fair housing amendments act as interpreted by courts having jurisdiction in Utah.

   C.   Permitted Use; Requirements: A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements:

      1.   The facility shall comply with all building, safety, and health regulations applicable to similar structures. As part of this requirement the following site development standards and parking standards shall be applicable:

         a.   Each facility shall be subject to minimum site development standards applicable to a single-family dwelling or other similar dwelling in the zone in which the facility is located; and

         b.   The minimum number of parking spaces required for a residential facility for persons with a disability shall be the same as those for a single-family dwelling located in the same zoning district in which the facility is located.

      2.   No facility shall be made available to an individual whose tenancy would:

         a.   Constitute a direct threat to the health or safety of other individuals, or

         b.   Result in substantial physical damage to the property of others. (It is not the intention of this subsection to establish any legal basis for tort liability on the part of the facility operator.)

      3.   Prior to the occupancy of any facility, the person or entity licensed or certified by the department of human services or the department of health to establish and operate the facility shall:

         a.   Provide a copy of such license or certification to the city, and

         b.   Certify in a sworn affidavit to the city that no person will reside or remain in the facility whose tenancy would likely:

            (1)   Constitute a direct threat to the health or safety of other individuals, or

            (2)   Result in substantial physical damage to the property of others.

      4.   The use permitted by this section is nontransferable and shall terminate if:

         a.   The facility is devoted to a use other than a residential facility for persons with a disability, or

         b.   The license or certification issued by the department of human services or the department of health terminates or is revoked, or

         c.   The facility fails to comply with the conditions enumerated in this section.

      5.   No residential facility for persons with a disability, licensed for the housing of more than five (5) disabled persons, shall be established or maintained within six hundred sixty feet (660') measured in a straight line between the closest property lines of the lots or parcels, of the following similar facilities:

         a.   Another residential facility for persons with a disability licensed for the housing of more than five (5) disabled persons;

         b.   A residential facility for the elderly with more than five (5) elderly persons in residence; or

         c.   Any of the following facilities: protective housing facility; transitional housing facility; assisted living facility or rehabilitation/treatment facility.

   D.   Reasonable Accommodation: None of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability.

      1.   Any person or entity who wishes to request a reasonable accommodation shall make application therefor to the director and shall articulate in writing the basis for the requested accommodation.

      2.   Each application for a reasonable accommodation shall be decided within not more than thirty (30) days.

      3.   If a request for a reasonable accommodation is denied, such decision may be appealed to the board of zoning adjustment in the manner provided for appeals of administrative decisions applying this title.

(Ord. 81-46, 11-12-1981; amd. Ord. 82-16, 4-8-1982; Ord. 85-40, 10-17-1985; Ord. 87-44, 8-27-1987; Ord. 98-62, 10-27-1998; Ord. 2000-2, 1-4-2000; Ord. 2001-32, 6-5-2001)

15-13-16: LANDSCAPING REQUIRED:

When an area is required to be landscaped under the terms of this title, the requirements shall be met by the installation and maintenance of improvements as set forth below:

   A.   General Requirements:

      1.   All plantings shall be maintained in a healthy and attractive condition.

      2.   Landscaping materials shall be planted and maintained in such a manner that they will not encroach onto public sidewalks and travel lanes from the ground level to seven feet (7') above the sidewalk or ten feet (10') above the shoulder area of a street.

      3.   All yard and setback areas not occupied by buildings or parking shall be landscaped; the area within the public right of way between the curb and gutter and the sidewalk, otherwise known as the park strip, shall be landscaped.

      4.   The area between a curb and sidewalk shall be landscaped in one of the following manners. Revisions to existing park strips shall also conform to one of these required standards:

         a.   Turf grass only when the width of the park strip is wider than eight feet (8') with trees spaced at a maximum of forth feet (40') on center;

         b.   Water-wise ground covers, trees and shrubs. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate, shrubs or ground covers, and shall be planted in such a manner that a minimum fifty percent (50%) of the ground surface area shall be covered by the plants at mature growth. Shrubs and other plantings except trees shall be maintained at a maximum of two feet (2') in height. Trees shall be spaced at a maximum of forty feet (40') on center. The coverage does not include the area covered by any deciduous tree canopy above the ground. Mulch shall be placed between the plants and trees to cover the ground. The depth of the mulch shall be four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick;

         c.   Mulch ground cover with trees spaced at a maximum of forty feet (40') on center. When mulch ground cover is used, there shall not be a concrete surface underneath the ground cover. When a rock mulch is used, the rocks used in the ground cover must be between one and one half inches (1.5") and four inches (4") in size. Accent boulders may be placed in the park strip with mulch provided they are not taller than two feet (2'). Mulch shall be used to cover the ground to a depth of four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick.

         d.   Park strips which are less than three feet (3') in width shall be incorporated into the sidewalk concrete for new development or if the existing plant material is removed be replaced only with concrete and match the elevation of the adjacent sidewalk and curb.

         e.   One hard surface walkway may be allowed in the park strip provided it is perpendicular to the curb and sidewalk and aligns with the front door of the building on the private property adjacent to the park strip. The maximum width of the walkway is ten feet (10').

         f.   Special variations to allow the area between curb and property line to be hard surfaced with tree planting areas are permitted upon approval by the city when the development is located between 10th Street and 27th Street and Wall Avenue to Washington Boulevard.

      5.   For all uses except single-family dwellings, all landscaping shall be serviced by an acceptable underground sprinkling or irrigation system.

      6.   If artificial turf is used as a ground cover:

         a.   It shall consist of green lifelike individual blades of grass that:

            (1)   Emulate natural turf in look and color;

            (2)   Have a minimum pile height of 1.5 inches, except in rear yards where shorter pile height may be installed for planned recreational surfaces; and

            (3)   Have a minimum tufted weight of fifty six (56) ounces per square yard;

         b.   In no case shall it be installed within:

            (1)   Permanent drainage features (e.g., ponds, swales, and retention and detention basins); or

            (2)   Any public right of way;

         c.   It shall have a minimum eight (8) year manufacturer's warranty protecting against color fading and decrease in pile height;

         d.   The use of indoor or outdoor plastic or nylon carpeting as a substitute or replacement for artificial turf or natural turf is prohibited;

         e.   It shall be properly anchored to ensure that the turf will withstand the effects of wind;

         f.   All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look;

         g.   Proper grading, compaction and drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water and artificial turf installations shall have a minimum permeability of thirty inches (30") per hour per square yard;

         h.   It shall be visually level, with the grain pointing in a single direction;

         i.   An appropriate solid barrier device (e.g., concrete mow strip, bender board) is required to separate the artificial turf from planters and live vegetation;

         j.   A minimum four foot (4') separation between artificial turf and tree trunks and two foot (2') separation between artificial turf and shrubs shall be maintained to ensure roots are not damaged with the installation of artificial turf and that the overall health of the living plant material is not compromised;

         k.   It shall be cleaned regularly and maintained in an appropriate and neat manner;

         l.   It shall be replaced if it is worn, uneven, discolored, or damaged; and

         m.   Artificial turf is limited to not more than fifty percent (50%) of the total landscaping area, unless it is installed and used in the construction of public or private athletic fields, or on playgrounds associated with a:

            (1)   Public or private community center;

            (2)   Park;

            (3)   School; or

            (4)   University.

   B.   General Maintenance: All landscaped areas, whether required or otherwise, shall be kept and maintained in accordance with all of the following standards:

      1.   Landscaped areas shall be kept free of litter, weeds, and debris.

      2.   Landscaped areas shall be weeded on a regular basis. Perennial plants shall be trimmed, cutting back dead growth and seed heads after seeds have dropped.

      3.   Trees and shrubs shall be pruned so as to avoid damage to other improvements, structures or utility lines.

      4.   Dead branches or dead trees, shrubs or other plant materials are removed from the property.

      5.   Turf grass lawns are mowed on a regular basis according to the growth habit of the type of turf grass used.

      6.   All plant materials shall be adequately watered to maintain a healthy condition as by the typical color of the plant under normal growing conditions; provided that when water use restrictions are imposed by the city or applicable secondary water provider during times of drought, no violation shall occur as long as the owner or occupant is watering within such restrictions.

      7.   Required trees, shrubs or other plant materials that have died and been removed shall be replaced.

   C.   Application To Existing Residential Uses: For existing residential uses which have either not installed landscaping or residential uses where the landscaping no longer exists, landscaping according to these regulations shall be installed within eighteen (18) months from the enactment of this provision.

   D.   Two-Family And Multiple-Family:

      1.   As a minimum, all new two-family dwellings and multiple-family dwellings which are permitted uses in residential zones shall be landscaped according to the following conditions:

         a.   New development shall be limited to a maximum of thirty-five percent (35%) of the required landscaped area in turf grass;

         b.   Have one 2-inch caliper tree per unit, in addition to the street trees required in the parkway with street trees spaced forty feet (40') on center for large trees, thirty feet (30') on center for medium trees, and twenty feet (20') on center for small trees; and

         c.   Have five (5) 5-gallon shrubs per unit planted on the lot.

         d.   All required landscaping areas in front yard setbacks, side yard setbacks, and other required setback for parking less than ten feet (10') in width, and side yard setbacks facing a street, shall be landscaped only with water-wise landscape plantings. Plant selections shall be those plants listed as water-wise by various regional resources as acceptable plantings for northern Utah climate and irrigated by an acceptable drip irrigation system that meets the requirements found in chapter 15-28 of this title. The water-wise shrubs shall be spaced so that at mature growth they cover a minimum of fifty percent (50%) of the planter surface area. Mulch shall be placed to cover the ground under and around plants and in areas without plants at a depth of four inches (4") for wood bark or chips and at a depth of twice the size of any gravel or small stone mulch but in no case less than three inches (3") thick.

      2.   Landscaping shall be installed in all areas not occupied by buildings, parking or accessways and according to the approved plot plan. Landscaping shall be installed prior to occupancy of any unit in the structure. In the case of inclement weather that prevents the installation of the required improvements, the time completion of the improvements may be extended, in writing, upon the approval of the applicable reviewing official or body, or designee. However, in no case shall the time for completion be extended beyond June 1 immediately following the completion date. A financial guarantee according to section 15-13-23 of this chapter shall be required prior to issuing building permits. In times of declared severe drought, plantings are allowed to be delayed until after September 1 when stress on the plant sustainability is lowered.

   E.   New Single-Family Dwellings: New single-family homes, at the time of completion of construction and prior to occupancy of the dwelling shall have street trees installed in the dedicated street parking strip. Large street trees shall be spaced at forty feet (40') on center, medium trees shall be spaced at thirty feet (30') on center, and small trees shall be spaced at twenty feet (20') on center. Trees in the park strip shall have a minimum height of seven feet (7') for the lowest branches of a tree when they extend above the curb or sidewalk. Notwithstanding the branch height, no evergreen tree is allowed in the park strip.

   F.   Commercial and Manufacturing Landscaping: A maximum of fifteen percent (15%) of the landscaped area for a new development can be in turf grass except additional turf grass can be used if placed in areas used for outdoor recreation.

   G.   Parks and Cemeteries: Parks and cemeteries are considered high traffic use areas and turf grass is an appropriate ground cover and not subject to the same restrictions on limitation on turf grass usage.

(Ord. 2016-12, 3-1-2016; amd. Ord. 2020-55, 11-10-2020; Ord. 2022-34, 7-5-2022)

15-13-17: CONCESSIONS OR AMUSEMENT BUSINESSES; PUBLIC PARKS:

In all zones, a privately operated concession or amusement business in a public park shall meet the following conditions of approval:

   A.   Hours: Operation or use of the amusement or other facilities provided is forbidden between the hours of eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. next following, or as approved by the planning commission.

   B.   Setback: All facilities, equipment and buildings shall be set back not less than twenty feet (20') from any property line and shall be located not less than fifty feet (50') from any main building on an adjoining lot and from any area upon which any said building may be constructed upon said adjoining lot if no main building is in existence, or as approved by the planning commission.

   C.   Minimum Size: The minimum size of the park for such amusement or other purposes shall be five (5) acres.

   D.   Lighting: Any lights used to illuminate the premises shall be installed in such a manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises.

   E.   Noise: Noise from such amusement or other purpose shall not significantly increase noise levels already existing in the park from other activities as determined by the planning commission.

   F.   Identification Signs: Only identification signs shall be permitted and shall meet the requirements for such signs as specified in Title 18 of this Code, Outdoor Signs.

   G.   Buildings; Facilities: All buildings, facilities, etc., shall be in aesthetic harmony with the park and its purposes as well as the immediate surrounding area.

   H.   Landscaping: Landscaping shall be sufficient to enhance the aesthetic appearance of such development.

   I.   Private Property Intrusion: The proposal shall not create or invite intrusion into private property.

(Ord. 82-22, 5-20-1982; amd. Ord. 90-52, 10-25-1990)

15-13-18: TELEVISION SATELLITE ANTENNAS (OR DISH ANTENNAS):

Building permits are required for television satellite antennas (or dish antennas) and shall comply with the following regulations:

   A.   Location:

      1.   All television satellite antennas shall have setbacks of at least five feet (5'), if freestanding. The setback shall be measured from the property lines to the nearest point of the antenna. The distance for rotating dish antennas shall be measured from the nearest point of the antenna in its closest rotational configuration.

      2.   In any commercial or manufacturing zone, such antenna may be located on the roof or in the rear of side yards; but shall only be permitted in the front yard or on a side yard facing the street on a corner lot, by approval of the Board of Zoning Adjustment when a useable satellite signal cannot be obtained in an otherwise approved location.

      3.   Television satellite antennas shall only be located in the rear yard of any lot in any residential zone. If a useable satellite signal cannot be obtained from such rear yard, the antenna may be located on the roof or side yard (except side yards facing the street on a corner lot) by approval of the Board of Zoning Adjustment.

   B.   Antenna Size: No television satellite antenna shall exceed twelve feet (12') in diameter in a residential zone. Upon the approval and issuance of a conditional use permit by the Planning Commission, business and professional offices located in a PI Zone may install a television satellite antenna which exceeds the twelve foot (12') diameter limitation where there is a finding made of no adverse impact to adjoining properties.

   C.   Antenna Height: No antenna shall exceed the height limitation in its respective zone.

   D.   Construction Standards:

      1.   All antennas shall be erected in a secure and wind-resistant manner.

      2.   Every antenna must be adequately grounded for protection against a direct strike of lightning.

      3.   All antennas in a residential zone shall be located and designed to reduce the visual impact from surrounding properties at street level and from public streets.

   E.   Temporary Television Satellite Antennas: Temporary television satellite antennas (or dish antennas) may be located on property for a total of thirty (30) days subject to the provisions of subsections A2 and A3 of this Section.

(Ord. 84-23, 8-30-1984; amd. Ord. 86-8, 12-13-1986; Ord. 90-52, 10-25-1990; Ord. 91-51, 12-19-1991; 1999 Code)