Any other provisions of the City’s Codified Ordinances notwithstanding, accessory transmitting or receiving antennas within the City are to be regulated under this section. Transmission towers approved as a conditional use shall comply with the regulations set forth in Chapter 1155 of the City's Codified Ordinances.
(a) Definitions. As used in this section:
(1) "Antenna" means any device for radiating and/or receiving radio and television waves.
(2) “Antenna structure” means an antenna consisting of two or more radiating elements, generally similar, which are arranged and excited in such a manner as to obtain directional radiation patterns. It includes any structural members which are necessary to maintain the proper electrical relationships between the radiating elements, but does not include the mast or other structure used to support the array as a whole, nor does it include the transmission line which supplies energy to or receives energy from the array as a whole.
(3) "Broadcast receiving antenna" means an outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission (FCC), in the Radio Broadcast Services, including AM, FM, and TV.
(b) Permit Required; Application and Plans.
(1) No person shall erect or cause to be erected within the City, any outside antenna or antenna structure, except standard, generally-marketed television and radio receiving antennas which are non-tower mounted, without first submitting plans for such antenna or antenna structure to the Chief Building and Zoning Inspector.
(2) Upon submission of an application for a permit for the construction of an antenna or antenna structure, accompanied by the plans therefor, the applicant shall also submit any available manufacturers specifications and recommended construction details. In the absence of any such manufacturer's specifications and/or recommended construction details, the applicant shall submit sufficient data and/or diagrams as shall enable the Chief Building and Zoning Inspector to determine whether or not the proposed antenna and/or antenna structure shall be securely and safely anchored and capable of withstanding the reasonably-expected forces of wind and weather.
(c) Insurance Coverage. Such application must also be accompanied by a certificate of public liability insurance evidencing liability protection to the applicant in an amount determined by Council. Upon expiration of the insurance coverage, the applicant shall furnish the City with further certificates of coverage showing the continuation of coverage. Lack of continuation of coverage shall be sufficient cause for the Chief Building and Zoning Inspector to order the antenna and/or antenna structure removed as an unreasonable and unsound structure as provided in Section 1341.01 of the City's Building Code.
(d) Height and Yard Restrictions. Antennas shall be located no less than twenty feet from any side or rear lot line and no antenna shall exceed a height of sixty feet, except as may be permitted as a conditional use for transmission towers.
(e) Abandonment. If any antenna, antenna structure, or broadcast receiving antenna shall cease to be used for a period of 365 days, the Chief Building and Zoning Inspector shall notify the owner, in writing, with a copy to the applicant, that the site will be subject to a determination by the City Council that such site has been abandoned. The owner shall have thirty days from receipt of said notice to show, by a preponderance of evidence, that the antenna, antenna structure, and/or broadcast receiving antenna has been in use or under repair during the period. If the owner fails to show that the antenna, antenna structure, and/or broadcast receiving antenna has been in use or under repair during the period, the City Council shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within seventy-five days, dismantle and remove the antenna, antenna structure, and/or broadcast receiving antenna.
(f) Security. To secure the obligation set forth in this section, the applicant and/or owner shall post a bond. The amount shall be determined by the City Council based on the anticipated cost of removal of the antenna, antenna structure, and/or broadcast receiving antenna.
(Ord. 1998-161. Passed 9-15-98.)