(A) Purpose. The purpose of divisions (A) to (H) below is to regulate microwave receiving dishes so as to minimize their visual impact. For purposes of these divisions, MICROWAVE RECEIVING DISH means any conical or dish-shaped device or structure used for receiving television or other telecommunications signals transmitted from satellites or earth-based transmitters. MICROWAVE RECEIVING DISHES may also be known as TELEVISION RECEIVE ONLY (TVRO) DISHES, SATELLITE DIRECT SERVICE (SDS) DISHES, MULTI-DISTANCE SERVICE (MDS) DISHES and EARTH STATIONS.
(B) General. The city zoning ordinance, codified in Chapter 152, is hereby adopted by referral, as the source of definitions contained herein. Applications for siting of microwave receiving dishes shall be made on forms provided by the city. The City Manager or his or her appointed designee shall be responsible for the interpretation and enforcement of this section.
(C) Ground dishes. Microwave receiving dishes shall be permitted within all zones subject to the following regulations:
(1) Siting shall be based on technical need with the rear yard given first priority, side yard second priority, and front yard third priority. Written verification of technical need may be requested from a qualified dealer prior to siting in a front yard area;
(2) A ground dish shall abide by the setback requirements of the zone in which it is located. Zones without an established setback area shall, at a minimum, provide a five-foot side and rear yard setback and a minimum of ten feet shall be required for a front yard setback area. The portion of a ground dish which is above the ten-foot height, measured from ground level, must be inset an additional one-half foot for each foot of height exceeding ten feet; and
(3) SETBACK shall mean the minimum allowable horizontal distance from a property line, to the nearest vertical element of a microwave receiving dish.
(D) Roof dishes. Microwave receiving dishes three feet or less in diameter may be mounted on roofs, porches or project from a wall of the dwelling. For dishes in excess of three feet in diameter, see division (F) below.
(E) Aesthetic review standards. All ground microwave receiving dishes located in a front or side yard shall be screened by sight-obscuring fences and/or dense landscape buffers. These buffers shall, at a minimum, screen 50% of a ground dish based on the total vertical height. A maximum buffer height shall be six feet. Dishes may be required to be painted to blend with the existing surroundings.
(F) Conditional uses. Roof-mounted microwave receiving dishes exceeding three feet in diameter shall be required to apply for a conditional use permit. The permit shall be reviewed according to the procedures set forth in the conditional use permits section of § 152.071.
(G) Variances. Exceptions to the quantifiable standards contained in this section may be obtained through a variance. The request shall be reviewed according to the procedures set forth in the variances section of § 152.073.
(H) Shared use. In addition to the standards contained herein, multiple users of a single microwave receiving dish shall record any appropriate easements and agreements relating to the use of the dish. It shall not be the responsibility of the city to interpret or enforce the provisions of the agreement.
(I) Appeal process.
(1) Any appeal from a decision of the administration relating to the enforcement or interpretation of this section shall be made in writing and shall be filed with the City Council within 15 days after the decision.
(2) The Council shall consider the appeal and render its decision within 60 days after the filing thereof. Any action of the City Council interpreting any uncertainty or ambiguity may be in the form of a resolution, and shall be signed by the President or presiding member of the Council and filed with the City Recorder.
(J) Penalties for violation. Any person, firm or corporation whether as principal, agent, employee or otherwise violating any of the provisions of this section shall be given written notice of the nature of the violation and provided 15 days to correct the violation. Failure to comply shall be a violation and, upon conviction thereof, shall be punishable by a fine as set forth in § 151.99.
(K) Fees. Any fee, other than that required by divisions (F) or (G) above, relating to the administration of this section shall be established or changed by the City Council by resolution.
(Prior Code, § 151.06) (Ord. 1060, passed 4-1-1985; Ord. 1315, passed 6-6-2016) Penalty, see § 151.99