1262.02 ANTENNAE.
The following regulations apply to all antennae, except for Wireless Telecommunication Facilities as defined in Chapter 1243 of this code.
A. Purpose and Intent. This Section is intended to comply with federal law, policies and guidelines. This Section is also intended to comply with federal policies and guidelines in that it does not differentiate among types of antennae. This Section is also intended to comply with the policies and guidelines and of state and federal laws including the Federal Telecommunications Act of 1996 in that it does not intend to impair the installation, maintenance, or use of antennae. However, this section is intended to preserve the city’s right to reasonably restrict placement of antennae in order to preserve historic districts, including without limitations the consideration of aesthetic issues other than historic considerations such as the relative height of structures and trees, views, preservation of residential areas, property value.
This Section is also intended to comply with state and federal law to the degree permitted and intended to comply with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, which recommends against:
“Introducing new construction onto the building site that is visually incompatible in terms of size, scale, design, materials, color and texture or which destroys historic relationships on the site.” According to Federal Regulation 36 CFR 800.5 (a) (1), the installation of an antenna is considered to alter, either directly or indirectly, any of the characteristics of a historic property for inclusion in the National Register in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feelings, or association, diminishing the integrity of the property’s historic features.
B. Health and Safety Objectives. The City Council intends to protect the public health and safety of the citizens of the City of Shaker Heights from potential hazards associated with the installation and maintenance of antennae within the City. The restrictions and standards herein are intended to assure that all antennae installations are adequately constructed and located so as to minimize potential detrimental effects associated with such installations.
C. Aesthetic Objectives. In addition to public health and safety concerns, the City Council intends to satisfy the following aesthetic objectives:
1. Preserving the historic character of the City of Shaker Heights as evidenced by the designation of three fourths of the City as an historical district that is recognized by the National Register of Historic Places, which designation has been based in large part upon the architectural and other aesthetic qualities of both residential and commercial districts within the City.
2. Preserving the planned community concept of the Van Sweringens, which was based upon quality housing within a residential zone, commercial areas which are convenient for shopping and other commercial uses, and public transportation with access to the industrial and commercial areas of downtown Cleveland.
3. Preserving the distinctive nature of the homes in the residential areas of the City of Shaker Heights, including many century homes and neighborhoods which have been designed and preserved for the purpose of the well-being of the communities within the City.
4. Preserving the image of the City as a community which is concerned about its fine stands of trees and other vegetation, which is evidenced by the tree trimming and preservation programs which have been provided by the City to its residents.
D. General Requirements.
1. Antennae shall be permitted as follows subject to the other requirements herein, including the requirements for structures located in a historic district:
a. One (1) private non-commercial antenna, including satellite receiving dishes of one meter or less and antennae designed to receive television broadcast signals, shall be permitted for each dwelling unit in SF and TF Districts.
b. One private non-commercial antenna serving a specific structure type, whether reception or transmission, is permitted per multiple-family building.
c. Two private non-commercial antenna serving a specific structure type, whether reception or transmission, is permitted per commercial use, whether freestanding or part of a multi-use building.
d. Antennae for the purpose of receiving RF signals and for amateur or “ham radio” transmitting are permitted in all districts.
2. Other Antennae Require Conditional Use Permit. Any antenna which does not fit into the above antennae types shall require a Conditional Use Permit.
E. Size and Location Restrictions. All antennae shall be mounted on anchored to the principle structure unless there is no practical placement location as determined by the Zoning Administrator.
1. Satellite dishes less than 1 meter in diameter and television broadcast antennae are exempt from a permit but have locational regulations:
a. Mounted to a principle structure: each antenna shall be located on that portion of a hip, gable, or gambrel roof which does not face a public street and shall be mounted behind the highest roof peak on the main structure. On flat roofs an antenna shall be located in a way so as to minimize its visibility from other properties. If affixed to the structure of buildings within the historic district, antennae and dishes must be installed to avoid damage, such that if the antenna is removed, it shall not have permanently altered the structure. When affixed to a masonry structure, antennae must be attached to the mortar joints, not to the face of the stone or brick.
b. Free-standing mounted in the ground: the maximum length or diameter of any antenna, exclusive of structural supports, shall not exceed ten (10) feet.
2. Antennae Anchored to Principal Structure. All antennae shall be mounted on anchored to the principle structure unless there is no practical placement location as determined by the Zoning Administrator.
The following regulations shall apply to all antennae which are affixed to the main structure except as provided above on any parcel, including but not limited to roof mounted antennae and towers which are mounted in the ground and affixed to the main structure for support. Antennae mounted on or affixed to detached garages and other accessory structures are not permitted in the City of Shaker Heights.
a. Dimension. The maximum length or diameter of any antenna, exclusive of structural supports, shall not exceed ten (10) feet.
b. Mounting. Each antenna shall be located on that portion of a hip, gable, or gambrel roof which does not face a public street and shall be mounted behind the highest roof peak on the main structure. On flat roofs an antenna shall be located in a way so as to minimize its visibility from other properties. If affixed to the structure of buildings within the historic district, antennae and dishes must be installed to avoid damage, such that if the antenna is removed, it shall not have permanently altered the structure. When affixed to a masonry structure, antennae must be attached to the mortar joints, not to the face of the stone or brick.
c. No antennae including structural supports shall exceed forty (40) feet in height above average grade, or ten (10) feet above a roof line, whichever is taller.
3. Free Standing Antennae. Free-standing antennae must be determined as a suitable alternative to being mounted or anchored to the principle structure by the Zoning Administrator. The Zoning Administrator must consider other practical locations mounted or anchored to the principle structure before considering a free-standing location.
The following regulations shall apply to all free standing antennae, which are those antennae mounted in the ground, with or without guy wires.
a. Freestanding antennae shall be constructed only in the rear yard between the side yard setbacks and no closer than ten (10) feet to any property line.
b. Free standing antennae which are transmitting and receiving antennae shall not be higher than ten (10) feet above the roof line of the main structure.
c. Free standing antennae which are receiving only, exclusive of supportive structure, shall not exceed a height of ten (10) feet, nor ten (10) square feet.
F. Aesthetic and Screening Requirements.
1. All free standing antennae shall be substantially screened by evergreen trees or shrubbery of at least the height of the unit, such screening may be open on one (1) side to facilitate reception.
2. The applicant shall demonstrate that the proposed location is such that during all seasons, no part of any ground mounted antennae structure will be visible to the neighbors and the general public from a point that is between the ground level and six (6) feet above ground level on surrounding property. This provision is satisfied by the installation of evergreen plantings, which shall screen the antennae at the time of installation.
3. Antennae shall be of a color compatible with the surrounding landscape and structures, provided such antennae above the roof line may be of the natural color of the antennae structure.
4. All installations shall exhibit architectural quality, coloration to blend with surroundings, and structural integrity. Experimental or temporary installations, inferior materials, and questionable stability are not permitted. In every case, the entire installation including evergreen plantings, shall be compatible with the character of the surrounding area of the City and shall have no adverse impact on the property, the neighborhood, or general public.
G. Structural Safety Requirements. The following structural safety requirements shall be applied to all antenna installations. The Building Department shall review antenna applications as required by the Building Code for conformance to these requirements.
1. If guy wires are used, they shall be sufficiently visible to prevent accident or injury to any person.
2. Every antennae shall be constructed in accordance with the Building Code of the City of Shaker Heights, as amended, including the electrical provisions thereof and shall also comply with specifications of the manufacturer.
H. Permit Required Application Requirements. All antennae, except for satellite receiving dishes of one meter or less and antennae designed to receive television broadcast and signals, shall be considered accessory structures and may only be installed upon obtaining a building permit from the Building Department, if necessary, and a code compliance check from the Zoning Administrator.
For all antennae other than a satellite receiving dish of one meter or less and antenna designed to receive television broadcast signals; the applicant must provide:
1. A plot plan showing proposed location and dish projection at extremes of the satellite band to be viewed.
2. Landscape plan showing existing and proposed vegetation for completely screening the installation from the neighboring and street view pursuant to, and as required by 1262.02.F., Aesthetic and Screening Requirements, and Chapter 1253, Landscaping and Screening Regulations, of this Zoning Ordinance.
3. A description of the use and purpose of the antenna, including whether it is receiveonly, transmitting-only, or both.
I. Impairment of Reception, Line of Sight and Technical Problems.
1. The above regulations are not intended to impair the reception of an acceptable quality signal for satellite viewing dishes of one meter or less and an alternative location or landscape plan shall be permitted when it is shown that they would result in such impairment.
2. The Zoning Administrator may consider alternate locations for an antenna which does not comply with this Zoning Ordinance, provided that the applicant has proven that such antenna will be entirely inoperable otherwise for any useful purpose, for reasons of “line of sight” or other technical reasons, or for reasons set forth in federal law or regulations.