§ 94.39 SATELLITE DISH ANTENNAS.
   Satellite dish antennas are considered an accessory building or use and may be permitted subject to the following conditions and criteria:
   (A)   An application for the installation of a satellite dish antenna shall be submitted to the Zoning Enforcement Officer and a zoning permit issued by the Zoning Enforcement Officer prior to the installation, construction or reconstruction of the satellite dish antenna. Each application for installation shall be accompanied by a site plan, drawn to scale, showing accurate dimensions of the lot, and such other information as may be necessary to provide for the enforcement of this chapter, including the height, diameter, color, location, set backs, foundation details, landscaping, and screening, including the plant materials and other materials to be used for screening or otherwise.
   (B)   No satellite dish antenna shall be constructed in any front or side yard, but, shall be constructed to the rear of the dwelling or principal building. If a usable satellite signal cannot be obtained from the rear of the property, application may be made for a variance pursuant to the provisions of § 94.86. In such case, the burden of proof should be upon the applicant as to the inability to receive a usable signal from the rear of the property.
   (C)   Not more than one satellite dish antenna shall be constructed or maintained on any lot or combination of lots used as a residence.
   (D)   Any satellite dish antenna shall be effectively screened from any adjacent property including lakes and golf courses or public right- of-way. The screen may be structures, wood or masonry fence, or evergreen plant materials, or earth berms, which uniformly reduce the view from the adjacent property or right-of-way at least 75% to a height of six feet above ground elevation year round. If evergreen plant materials are used for screening, they shall provide the required screen at the time of initial planting and shall be maintained in good condition by owner. If a fence or wall is used for screening, plantings on the outside of the fence or wall shall be installed which will hide the horizontal view of the fence or wall by more than 50% at the time of the installation of the fence or wall.
   (E)   A satellite dish antenna shall not exceed a grade height of 12 feet.
   (F)   A satellite dish antenna shall not have a diameter greater than eight feet.
   (G)   No satellite dish antenna shall be constructed upon the roof of any principal building, tower, or other structure. Provided, however, that notwithstanding any other provision of this section, a satellite dish antenna that is no larger than 19 inches in diameter shall be permitted to be constructed upon the rear portion of the roof of any principal building so long as the height of such antenna does not exceed the height of the top ridge line of the roof on which such antenna is placed. In such case, such satellite dish antenna shall not be required to comply with the provisions of divisions (D) and (E) of this section. Provided, further, a satellite dish antenna that is no larger than 19 inches in diameter shall be exempt from that portion of division (H) below which states that only open mesh materials shall be used for the dish.
   (H)   Satellite dish antennas, including guy wires, supporting structures, and accessory equipment, shall be constructed of materials and colors that blend with the surroundings. The materials used in constructing the satellite dish antenna shall not be bright, shiny, garish, or reflective. Landscaping and screen materials as required herein shall harmonize with the elements and characteristics of the property upon which the satellite dish antenna is located. Only open mesh materials shall be used for the dish.
   (I)   All installations must comply with all accessory use, yard, height, bulk, and set back requirements specified within the district where the satellite dish antenna is located. Provided, however, no satellite dish antenna shall be located closer than 25 feet from any side property line and 50 feet from any rear property line.
   (J)   If a useable signal cannot be obtained because of any provisions of this section, application may be made for a variance pursuant to the provisions of § 94.86.
   (K)   All satellite dish antennas constructed and erected prior to the effective date of this chapter which do not conform to the requirements of this chapter shall be accepted as nonconforming antennas for a period of 18 months from the effective date of this chapter. Thereafter, the satellite dish antennas shall be subject to immediate abatement by way of removal or through modification or relocation to comply with the standards of this chapter.
(Ord., passed 2-22-79; Am. Ord., passed 1-25-95)