(A) Purpose. The purposes of this section are as follows:
(1) To protect the health and safety of the inhabitants of the town by setting forth requirements for the installation of satellite dish antennas;
(2) To protect and support the aesthetic concerns of the town, a resort community which must remain aesthetically pleasing to visitors to remain economically viable; and
(3) To provide the protection set forth in subsections (A)(1) and (A)(2) of this section in the least restrictive manner possible.
(C) Application; review.
(1) Satellite dish antennas shall comply with all the requirements set forth herein. Person or persons wishing to install a satellite dish antenna within the town shall submit an application to the Department of Community Development for review.
(2) The application shall set forth the following:
(a) Completed Design Review Board application form;
(b) Site plan showing proposed location of the satellite dish antenna;
(c) Description of the satellite dish antenna (i.e., size, design, materials and the like);
(d) Color sample (if applicable);
(e) Landscape plan (if applicable);
(f) An improvement location certificate and/or a preliminary title report; and
(g) Elevations, perspectives or renderings if deemed applicable by the staff of the Department of Community Development.
(3) Upon receipt of application, it shall be reviewed by the Department of Community Development. If the Department of Community Development determines that the requirements set forth herein have been met, they shall forward the application to the Design Review Board for consideration of whether or not the satellite dish antenna meets the requirements set forth in § 12-11-5 of this title.
(D) Compliance with requirements; variance.
(1) Requirements. Satellite dish antennas shall comply with the following requirements.
(a) No more than one satellite dish antenna shall be allowed on any lot as delineated on the official zoning map.
(b) The temporary use and/or installation of a satellite dish antenna shall be limited to a maximum period of one day. Only three temporary installations shall be allowed per business or residence per year.
(c) The maximum height allowed for any satellite dish antenna, when measured from the top of the satellite dish antenna down to existing or finished grade, whichever is more restrictive, shall not exceed 15 feet.
(d) The maximum size of any satellite dish antenna installed for use by a single residence or business shall be limited to nine feet in diameter. Satellite dish antennas serving multi-family dwellings shall be limited to a maximum of 12 feet in diameter.
(e) No advertising, logos or identification shall be allowed on any satellite dish antenna.
(f) Satellite dish antennas shall comply with the existing setback requirements of the zone district in which the satellite dish antenna is installed. Satellite dish antennas shall be prohibited in easements and public rights-of-way. No portion of a satellite dish antenna or its supporting structure shall encroach into the vertical plane as drawn from an existing easement or setback line.
(g) Issuance of a building permit from the Department of Community Development shall be required prior to the installation of any satellite dish antenna.
(h) Adjacent property owners and owners of dwelling units on the same lot as the applicant shall be notified of any application for the installation of a satellite dish antenna. Notification procedures shall be as outlined in § 12-3-6(C) of this title. Names and mailing addresses of adjacent property owners and of owners of dwelling units on the same lot as the applicant shall be provided to the Department of Community Development by the applicant.
(i) Due to the special aesthetic importance of the core areas of the town, exterior installations of satellite dish antennas in Commercial Cores 1, 2, Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts shall be permitted only if screened by some type of enclosing structure. Said structures required to enclose a satellite dish antenna in these areas shall comply with all applicable zoning regulations and shall be architecturally compatible with the existing structure.
(2) Variance. A variance may be requested from any of the provisions of this section. The procedures for obtaining a variance shall be set forth in Chapter 17 of this title.
(Ord. 9(1985) § 1; 1997 Code; Ord. 3(1999) § 7; Ord. 29(2005) § 33)