1. It is the intent of this Article to provide rules and regulations for the size, placement and screening of antenna structures, earth satellite stations and fiber optic stations within the Village of Newark.
2. The Village finds that this Article is part of a comprehensive strategy to create an aesthetically pleasing environment through extensive regulations pertaining to signage, landscaping, screening of off-street parking and loading facilities, and screening of rooftop mechanical equipment.
3. The physical characteristics of antenna structures, earth satellite stations make it necessary and essential to regulate such devices in order to further the aesthetic and safety objectives of the Village, specifically to:
   1. Promote the public health, safety and welfare of the community.
   2. Promote an orderly visual environment and protection of property values through screening of antenna structures/earth satellite stations from adjacent properties and public rights-of-way.
      

For the purpose of this Article, the following definitions shall apply:

"Antenna." An apparatus, external to or attached to the exterior of a building together with any supporting structure for sending or receiving electromagnetic waves.

"Antenna, VHF/UHF." An apparatus, internal, external to or attached to the exterior of a building together with any supporting structure, strictly for receiving electromagnetic waves.

"Earth Satellite Station." An apparatus or device which includes a main reflector, sub-reflector, feed, amplifier and support structure that has been designed for the purpose of transmitting and/or receiving of microwave, television, radio, satellite, or other electromagnetic energy signals into or from outer space, but does not include conventional television, radio and amateur radio antenna.

"Height." Height shall be defined as the vertical distance measured from the ground level or roof surface of the area on which an antenna structure/earth satellite station is located, up to and including the highest point of the antenna structure/earth satellite station when extended to its fullest height.

"Main Reflector." The main reflector is that part of an earth satellite station which, absent any protective covering, is dish-shaped, parabolic, spherical or conical in configuration and design, and which has been designed for the reception and/or transmission of microwave, television, radio or other electromagnetic energy signals.

1. Accessory Use. Antenna structure/satellite station shall be permitted in any zoning district as an accessory use, subject to the provisions contained in this Article.
2. Regulated Antenna Structures/Earth Satellite Structures. All antenna structures in other than residential districts and all earth satellite stations greater than three (3) feet in diameter shall require a permit.
3. Application for Permit. Where required, plans for installation of an antenna structure/earth satellite stations shall accompany each application for a building permit, and shall include:
   1. A copy of the manufacturer’s specifications for the antenna structure/earth satellite station.
   2. Site information which shows:
      1. Height of the antenna structure/earth satellite stations.
      2. Diameter, if the structure is an earth satellite station or microwave antenna.
      3. Setbacks from property line.
      4. Foundation and mounting details.
      5. Landscape screening, if the structure will be installed on the ground.
      6. Screening by the roof or parapet wall, if the structure will be roof-mounted.
4. Approval. Permits for antenna structures/earth satellite stations shall be issued by the Zoning Enforcement Officer, once all applicable requirements of the Article have been met.
5. Fee. The building permit fee for review of an antenna structure/earth satellite station shall be ten ($10.00) dollars per lineal foot of height or five hundred ($500.00) dollars, whichever is greater.
   

1. Number. Only one antenna structure/earth satellite station shall be allowed for each principal building located in any residential, business, commercial manufacturing or manufacturing zoning district.
2. Location.
   1. Residential Districts. Antenna Structures/Earth Satellite Stations in Residential Districts shall be either roof mounted, building mounted or if ground-mounted, shall be located in the rear or interior side yard of a property, according to applicable setbacks below.
   2. All Other Districts.
      1. Antenna Structures/Earth Satellite Stations in business, commercial, manufacturing, or manufacturing districts may be installed on the ground in a rear or interior side yard of a property, according to applicable setbacks below.
      2. Antenna Structures/Earth Satellite Stations in business, commercial manufacturing or manufacturing districts may also be roof-mounted. However, roof-mounted earth satellite stations shall be completely screened from public view at the ground level by the roof, parapet wall, or some other type of masonry wall or screening. In no case shall the height of the roof, parapet or screen wall be less than the maximum height of the earth satellite station, when extended to the height necessary to receive or transmit signals.
3. Landscaping.
   1. Ground-mounted antenna structures/earth satellite stations shall be screened from ground view from the street and adjacent property owners by landscaping. Proposed landscaping shall be subject to the approval of the Zoning Enforcement Officer.
   2. Fencing, walls and berming may be used in conjunction with, but not in lieu of, trees and shrubs to provide required screening.
   3. Landscaping, fencing and berming shall achieve a minimum height of six (6) feet upon installation.
4. Diameter.
   1. The diameter of earth satellite stations shall not exceed the following:
      1. Residential Districts: Three (3) feet
      2. All other districts: Twelve (12) feet
5. Height. Residential Districts: Support structures for sending and/or receiving roof mounted antennas shall not rise more than eleven (11) feet above the ridge line of the highest roof of the structure. The maximum height limitation includes all portion of the antenna and the support structure.
   1. The height of all other ground-mounted antenna structures shall:
      1. Not extend more than ten (10) feet above the roof of the principal structure on the zoning lot in residential, business and commercial manufacturing districts, unless determined otherwise by the Zoning Enforcement Officer.
6. Setbacks.
   1. Ground-mounted antenna structures/earth satellite stations shall be set back a minimum of ten (10) feet from any lot line, unless the Zoning Enforcement Officer determines that additional setback is required to protect adjacent property owners from potential hazards or unobstructed views of the antenna structure/earth satellite station.
   2. In no case shall ground-mounted antenna structures/earth satellite stations be located closer to the front or side street of a lot or building site than the principal building.
7. Color. Antenna structures/earth satellite stations shall be neutral in color.
8. Installation. The installation or modification of an antenna structure/earth satellite station shall be in accordance with applicable constructions and safety codes included in the manufacturer’s specifications, and shall meet all applicable requirements of the Village’s Building Code. This includes the antenna being adequately grounded for protection against a direct strike of lightning and having buried cable.
   1. Antenna structures/earth satellite stations shall be constructed and installed so as to withstand the forces due to wind pressure, and shall be subject to the approval of the Village’s Zoning Enforcement Officer.
9. All satellite antennas shall comply with FCC requirements.
10. Electromagnetic Interference. Each satellite antenna shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to the granting of a building permit, the owner of the satellite antenna shall promptly take steps to eliminate the interference.
    

This Article shall not apply to any antenna structure/earth satellite station that was erected prior to the effective date of this Article provided, however, that this Article shall apply if:

1. The location of such an antenna structure/earth satellite station is changed.
2. An antenna structure/earth satellite station is increased in size or height.