A. Legislative Findings And Determination: The city council does hereby find, determine and declare as follows: that the use of satellite dish antennas is increasing throughout the city due to technological advances of such equipment; that although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city; that at the present time, the size, location and appearance of such equipment are not adequately addressed in these zoning regulations in effect in the city; that in the absence of regulation, the placement of unattractive equipment in residential and commercial locations would interfere with the use, possession and enjoyment of adjacent property; and that the public peace, health, safety and general welfare require enactment of this section to regulate the use of satellite dish antennas rather than prohibit them.
B. Purposes And Application: The intent of these regulations is to exercise reasonable control over the installation of any satellite antenna such that the aesthetic and safety values of residential, commercial and industrial areas are maintained. No satellite television antenna shall be erected, constructed, maintained or operated except in conformance with the following provisions of this section.
C. Definitions:
SATELLITE DISH ANTENNA: An apparatus capable of receiving communications from a transmitter relay located in planetary orbit.
USABLE SATELLITE SIGNAL: Refers to quality of reception and is considered a satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations.
D. Satellite Antenna Requirements; Commercial And Industrial: In commercial, industrial and other nonresidential zone districts:
1. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building department.
2. Antennas may be ground mounted, roof mounted or aboveground pole mounted.
3. Roof mounted and aboveground pole mounted antennas shall not exceed the height of structures allowed in the zone district in which they are to be located.
4. Roof mounted antennas shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.
5. No commercial advertising of any kind shall be allowed on satellite dish antennas. A manufacturer's identification label and/or any government required identification or safety labels may be affixed to the back side of the dish or to the structural supports of the antenna.
6. No more than one satellite dish antenna shall be installed at any commercial or industrial establishment whether or not sales of the antennas takes place, except that the planning director (with appeal to planning commission) may grant additional antennas if it is demonstrated that such additional antennas will meet the provisions and intent of this section.
E. Satellite Antenna Requirements; Residential Districts: In residential districts or for residential uses in other zone districts:
1. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building department.
2. All satellite dish antennas shall be located only in the back half of any lot as ground mounted units only.
3. All satellite dish antennas shall not extend beyond the property lines of the building site on which it is erected.
4. Only one satellite dish antenna shall be installed per lot, parcel or multiple-family complex. (Ord. 691, 6-17-1986)
5. Satellite dish antennas shall not exceed ten feet (10') in height including any platform or structure upon which said antenna is mounted or affixed. (Ord. 691, 6-17-1986; amd. 2007 Code)
F. Standards: Every dish antenna shall be installed, modified and maintained only in accordance with this section and the following standards:
1. All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights of way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish.
2. No satellite dish antenna shall occupy or interfere with access to any required parking space or driveway. (Ord. 691, 6-17-1986)
3. All satellite dish antennas shall be subject to front and side yard setback regulations, except in residential districts. (Ord. 691, 6-17-1986; amd. 2007 Code)
4. Satellite dish antennas shall blend with their surroundings and shall not be unnecessarily bright, shiny or reflective.
5. Not more than one satellite television antenna per lot or parcel shall be allowed in any zone district with exceptions allowed by conditional use permit.
6. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building department.
7. All proposals for roof mounted antennas shall be designed by a registered architect, civil or structural engineer.
8. The installation of all satellite dish antennas shall be in conformance with manufacturer's installation specifications and, in the absence of such specifications, the design of footings, anchorage and fasteners shall be completed by a California registered architect, civil or structural engineer, to meet the current city building code.
9. Antennas shall meet all manufacturer specifications, be of noncombustible and corrosive resistant material and be erected in a secure, wind resistant manner.
10. The electrical system shall be designed and installed in accordance with the current electrical code of the city.
11. All electrical wiring associated with antennas shall be installed underground or hidden from view.
12. A satellite dish antenna shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.
13. Every metal antenna must be adequately grounded for protection against a direct strike by lightning.
G. Satellite Antennas Location; Exception Procedures And Limitations: Satellite location on the side or front yard of the property may be allowed subject to the requirements contained in this section and as follows:
1. In the event that a usable satellite signal cannot be obtained by locating the antenna in the back half of any lot in the single-family zone district, the antenna may be located as follows:
In the side or front area of the property, provided that a variance is requested and approved by the planning commission and city council prior to such installation. In requesting a variance, the applicant must provide the following:
a. The applicant must show that a usable satellite signal is not obtainable from the rear yard location on the property.
b. That the view from public rights of way can be screened by aesthetically attractive means in keeping with the neighborhood without unreasonably limiting or preventing signal reception.
c. That the construction and erection otherwise is in compliance with the building code and electrical codes of the city. (Ord. 691, 6-17-1986)
2. Certain parcels of land in the city may not be able to accommodate satellite dish antennas because of existing site conditions and adverse effects on the surrounding neighborhoods. In such instances the planning commission may withhold approval to construct, install and/or maintain a satellite dish antenna, unless conditions and/or equipment would change to reverse the ruling of the planning commission. (Ord. 691, 6-17-1986; amd. 2007 Code)
H. Plans And Permit: No dish antenna shall be installed or modified except in accordance with the plans and a building permit approved by the city. In addition to complying with structural and electrical requirements of this section, the plans filed with the building permit shall include a site plan showing all dish antenna and site specific information and details necessary for the city to determine compliance with all applicable provisions of this section. Additional supplemental information may be required if a variance or conditional use permit is needed.
I. Applicability: This section applies to every dish antenna installed or modified on or after the effective date hereof and to every dish antenna existing as of the effective date hereof, which was installed or modified without plans and a building permit approved by the city.
1. All owners of antennas installed or constructed prior to the effective date hereof shall apply to the planning and building departments for a building permit no later than six (6) months from the date of adoption of this section.
2. Within sixty (60) days after such application, the planning director or building official shall:
a. Issue a building permit if the antenna conforms to the provisions of this section; or
b. Prior to the issuance of a building permit, require the owner to move the antenna, or to make structural and/or design changes to the antenna so that it conforms to the provisions of this section; or
c. Issue an exemption if it determines that the antenna is installed or constructed in a safe manner and is in substantial compliance with the provisions and/or intent of this section.
3. In granting an exemption, the planning and building departments may add any conditions necessary to effectuate the purpose and intent of this section, including the condition that the exemption will expire if and when the property upon which the antenna is located is sold or otherwise transferred in ownership. (Ord. 691, 6-17-1986)