Imperial Beach, CA Zoning Ordinance

The purpose of this chapter is to improve the appearance of the city, to safeguard and enhance property values and to promote and protect the public health, safety and welfare by ensuring that large satellite dish antenna structures which may be objectionable to persons viewing them from adjacent properties or public property are located and treated in such a way that their visual impact is minimized.

(Ord. 94-884; Ord. 675 § 4, 1986)

A satellite dish antenna may be located in any residential zone when it complies with the following standards:

It must be ground mounted. However, a dish antenna may be roof mounted it if conforms with the following standards in addition to standards B,C,G,H,I,J and K Below:

These dishes shall be adequately screened, using appropriate matching architectural materials or parapet walls, to the satisfaction of the Community Development Department;

Dishes shall be of a color to match the building or as otherwise approved by the City.

It is not located in a front yard or street side yard, side yard to be measured from any portion of the building to the front or street side yard property line.

It complies with setback requirements of the underlying zone for accessory structures.

It does not exceed twelve feet in height above existing grade, if ground mounted.

It shall be located on lots where at least a five-foot-high solid wall, fence, hedge or other opaque screen is installed between the dish antenna and adjacent properties.

It shall be adequately screened from any adjacent residential zone, right-of-way or private street easements at horizontal grade level to the satisfaction of the Community Development Department.

Only one satellite dish antenna shall be permitted per lot. However, an applicant may locate more than one such antenna on a site upon Planning Commission approval. The Planning Commission may grant an approval for multiple satellite dish antennae on a lot based upon findings that:

The additional dishes meet all the other development standards (A through K);

No additional visual clutter results from the additional antenna; and,

No additional problems, such as interference in reception, result from the emplacement of the antennae.

Satellite dish antennae with diameter measuring less than one meter may be installed in a manner consistent with typical television antennae.

All satellite dish antennae, in any zone constructed and erected prior to the effective date of the ordinance codified in this Chapter, which do not conform to the requirements of the provisions of this Title for the particular zone in which they are located, shall be accepted as nonconforming antennae. Thereafter, the satellite dish antenna shall be subject to abatement via removal or through modification or relocation, to comply with the standards of this Chapter.

A building permit shall be required for the emplacement of satellite dish antenna.

No advertising material shall be allowed on the satellite dish antenna. Satellite dish antenna containing advertising material shall be considered a sign.

(Ord. 94-884; Ord. 675 § 4, 1986)

It is the purpose of Sections 19.71.030 through 19.71.080 to abate all nonconforming antenna and provide a reasonable period within which such antenna shall be brought into compliance with the applicable regulations or be amortized and removed.

Removal of nonconforming antenna shall be undertaken in the interests of the public health, safety and welfare to improve the appearance of the City, to enhance property values, and to eliminate distractions to pedestrians and motorists.

(Ord. 94-884; Ord. 675 § 4, 1986)

The City Council finds and declares that all antenna within the City which do not conform to the provisions of this Chapter are a public nuisance which must be abated by being brought into conformity with this Chapter, or removed in accordance with the provisions of Sections 19.71.030 through 19.71.080.

(Ord. 94-884; Ord. 675 § 4, 1986)

The Planning Commission shall, by resolution, declare the particular antenna which, in the opinion of the Planning Commission, do not conform to the provisions of this Chapter which must be abated. Such resolution shall:

Identify the owner of the property upon which antenna are located as such ownership is shown on the last equalized assessment roll;

Describe the antenna declared to be nonconforming;

State the section(s) of this Chapter to which such antenna do not conform;

State the date by which such antenna must be brought into conformity with this Chapter or be removed;

Direct the Secretary of the Planning Commission to send the notice to abate nonconforming antenna required by Section 19.71.070.

(Ord. 94-884; Ord. 675 § 4, 1986)

Nonconforming antenna shall be brought into conformance with this Chapter or removed within ninety days of the notice to abate nonconforming antenna.

(Ord. 675 § 4(part), 1986; Ord. 94-888, 1994)

The Secretary of the Planning Commission shall, upon the adoption of a resolution declaring the antenna to be nonconforming pursuant to Section 19.71.050, send the notice required by this section to the owner of the property described in such resolution.

(Ord. 675 § 4(part), 1986; Ord. 94-888, 1994)

The owner of any antenna receiving the notice described in Section 19.71.070 may appeal the determination of the Planning Commission by filing a request for appeal required by this section with the City Clerk within thirty days from the date of the notice to abate nonconforming antenna. Upon the filing of such a request, the City Clerk shall cause the matter to be set for a hearing before the City Council at the next regular City Council meeting following in the next regular agenda closing date, or any later date as the appellant and the City Clerk agree, or as the City Council may order.