This chapter [ordinance] applies to placement and use of satellite dishes within the City of El Lago, Texas. It establishes installation specifications and use restrictions which promote the health, safety and general welfare of both the user of satellite dishes and those persons occupying adjacent properties and others who live, work and own property in El Lago.

Use of fixed base satellite dishes within Zones A, C or D within the City of El Lago shall be restricted to the reception of television or other radio signals. Broadcasting and transmitting television and radio signals from a fixed base satellite dish is prohibited.

Fixed base satellite dishes within Zone B may be installed for reception of satellite television and radio signals providing the installation and use complies with all the general provisions of this zoning ordinance including this section.

Fixed base satellite dishes to be used for transmission of signals are permitted only by special use permit issued by city council. No apartment, hotel, motel or other structure or premise which people occupy as a residence shall be issued a special use permit for transmission of signals from a fixed base satellite dish. In granting or denying a special use permit for transmission, city council shall review the installation plan, intended use and requestor’s plans for obtaining United States government and state permits, as well as all other items deemed to be relevant to said review. Radiation and electrical hazard and radio interference studies shall be provided by the requestor to assure health, safety and general welfare of all El Lago residents and property owners are protected.

Mobile satellite dishes are specifically forbidden for normal day-to-day reception or transmission of satellite signals within the City of El Lago. They may be used only for public utility maintenance, construction or emergency service purposes and must be operated by authorized television, television cable, telephone or utility companies or emergency organizations. Streets and easements must be used for parking these units. All parking ordinances shall be obeyed when parking on the street. Parking or placement of the units in an easement for more than five (5) working days must be reported to the El Lago Building Official and shall require a special use permit to be granted by the El Lago City Council if use is to extend beyond fifteen (15) days.

Any person, firm or corporation in possession of land within the corporate limits of El Lago, either as owner, lessee, tenant or licensee, upon which is situated a satellite dish, shall at all times maintain upon the lot or premises on which the satellite dish is located and completely surrounding the satellite dish, a fence, wall or a solid structure designed to prevent small children from viewing (from adjoining properties) or inadvertently wandering into the immediate vicinity of the structure, said fence, wall or structure to be opaque and not less than six (6) feet in height, with no opening thereon of a width greater than two (2) inches, except for doors or gates. All doors or gates opening into such enclosure shall be kept closed and securely latched when not used for access or egress from the satellite dish area. The latching device shall be fixed to the gates or doors no less than three and one-half (3 1/2) feet above ground. No portion of any such fence, wall or solid structure shall encroach upon an area encircling said satellite dish within a radius of ten (10) feet from the base of the satellite dish.

Provided, however, if the satellite dish is inaccessible in any manner except through the living quarters of a building there need be no other enclosure and such gates or doors as may exist in such living quarters enclosure need not be so equipped as hereinabove otherwise required. Provided, further, that such a building, dwelling house or accessory building may be used as part of such enclosure.

Provided, further that satellite dishes in existence on the effective date of this ordinance shall be enclosed in accordance with the requirements hereinabove set forth on or before the first day of October 1987, and thereafter, any person, firm or corporation, who shall maintain a satellite dish in the corporate limits of the City of El Lago, which satellite dish is not erected and enclosed in accordance with the requirements of this ordinance, shall be guilty of a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00) per violation.

Provided, however, any owner of premises containing a satellite dish fence, wall or other solid structure, which is in existence on the effective date of this ordinance, but fails to comply with all requirements of this ordinance, may be issued a letter of exception by the city building official and relieved of the obligation of complying with a specific portion of this ordinance, if in the judgment of the building official the exception otherwise complies with the intent of this ordinance.

Nothing herein shall require additional enclosures around a satellite dish if the structure is located in a larger enclosed area, such as a residential yard, which larger area’s fence, wall or solid structure otherwise complies with this ordinance.

No satellite dish shall be erected or installed on any lot unless said structure is fastened to a three-inch or larger diameter steel pipe which shall be mounted in a concrete base of a minimum depth of two (2) feet and a minimum diameter of sixteen (16) inches.

Nothing herein shall repeal or amend or affect in any manner any zoning approval, including but not limited to the requirement for a special use permit, mandated by this ordinance or any other ordinance of this city. Furthermore, no satellite dish shall be placed, located, erected or constructed in any location on any lot or premises in such a manner that any portion of the structure encroaches upon any setback line established by subdivision plat or ordinance.

In order to protect the public from hazard, all excavations for the construction of satellite dishes shall, when unattended, by adequately guarded with barricades completely surrounding said excavations and adequately lighted during hours of darkness.

All types of equipment and material shall be of such design and construction necessary as to comply with the building code and the zoning ordinance of the city.