(a) Purpose. The purpose of these regulations is to regulate the proper development and use of satellite dish antenna systems. In addition to protecting from distractions and obstructions, it is the intent of these regulations that satellite dish antennas are as much subject to control as noise, odors, debris and like characteristics of a use that, if not controlled and regulated, can become a nuisance factor to adjacent properties or the community in general. To protect the general health, safety and welfare, and to protect and encourage a more attractive economic, business and overall physical appearance of the community, all satellite dish antennas are subject to the regulations set forth in this section. This section shall not apply to satellite dish antennas less than two feet in diameter.
(b) Permit Process. A Zoning Permit for the installation of all dish antennae shall be issued to the owner of the property by the Zoning Inspector or appropriate designee after approval of a Special Permit by the Board of Zoning Appeals through the procedure described in Section 1138.07
. An accessory use permit will not be required. The Board will base its approval upon a site plan submitted by the applicant and the extent to which the plan demonstrates that the installation of the dish antenna is in conformance with the guidelines of this Section.
(c) Fee. A fee in such amount as may be established by the Council acting by ordinance or resolution shall be paid to the Municipality for each application for a Special Permit to install a dish antenna.
(d) Regulations. No Zoning Permit shall be issued, and no satellite dish antenna shall be installed or maintained, unless the satellite dish antenna complies with the following regulations:
(1) Residential uses.
A. No satellite dish antenna shall be more than three feet in diameter.
B. Satellite dish antennas shall be permanently mounted and located to the side or rear of the principal building or as otherwise provided for in this Section. No rooftop installations or mobile satellite dish antennas mounted on trailers or vehicles are permitted.
C. The satellite dish antenna shall be open mesh type if possible.
D. The satellite dish antenna shall be wired underground.
E. Satellite dish antennas shall be located not closer than twenty feet to the rear lot line and fifteen feet to the side lot line.
F. The maximum height of the satellite dish antenna shall not exceed fifteen feet from grade level.
G. The satellite dish antenna, including mounting hardware and guywires, shall be permanently screened by landscaping a minimum of five feet in height which visually screens the dish on all sides during all seasons from adjacent residences.
H. The satellite dish antenna foundation shall be concrete. The satellite dish antenna shall consist of metal supports and/or galvanized construction. The structure, including foundation, shall be designed to withstand wind forces up to 70 miles per hour.
I. The satellite dish antenna shall be removed within six months of ceasing operation or when replaced or unused.
(2) Nonresidential uses. Except as to the following, the regulations set forth for residential uses in subsection (c)(1) above shall apply:
A. Rooftop installations shall be permitted, provided that the satellite dish antenna, including mounting hardware and guywires, are permanently screened so as not to be visible from the street level.
B. When adjacent to a residential district, a satellite dish antenna shall be located not closer than fifty feet to the rear and/or side lot line.
C. The maximum diameter of a satellite dish antenna shall not exceed six feet.
(Ord. 05-08. Passed 2-25-08.)