A.

"Dish-type satellite signal-receiving antennas," also referred to as "earth stations" or "ground stations" mean one, or a combination of two or more of the following:

1.

A signal-receiving device (antenna, dish antenna or dish-type antenna), the purpose of which is to receive communications or other signals from satellites in earth orbit and other extraterrestrial sources;

2.

(LNA)—A low noise amplifier which is situated at the focal point of the receiving component and the purpose of which is to receive, magnify, store, transfer and/or transmit electronic or light signals;

3.

A coaxial cable the purpose of which is to carry or transmit said signals to a receiver.

B.

"Receiver" means a television set or radio receiver.

C.

"Dish" means that part of the satellite signal receiving antenna characteristically shaped like a saucer or dish.

D.

"Grounding rod" means a metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.

(Ord. 875 (part), 1985.)

No person, firm, partnership, corporation, trust or other legal entity shall construct an earth station without a permit, nor shall construction commence before a permit is issued in accordance with this chapter.

(Ord. 875 (part), 1985.)

A.

The owner or occupant with written permission from the owner of any lot, premises or parcel of land within the city who desires to construct an earth station on said lot, premises or land parcel must first obtain a permit to do so from the building commissioner.

B.

The applicant shall submit a written application upon a city-approved form, specifying the name and address of the owner of the real estate; the applicant; the person to be permitted to construct the proposed earth station; a plot plan of the lot, premises or land parcel showing the exact location and dimensions of the proposed earth station; a description of the kind of earth station proposed along with manufacturer's specifications; the exact location and dimensions of all buildings or structures: and construction plans and specifications showing the elevations of the proposed earth station upon completion. The building commissioner has the right to require that the plan be prepared and approved by a professional engineer at the applicant's expense.

C.

The applicant shall present documentation of the possession of said license or permit required by any federal, state or local agency pertaining to the ownership, construction or operation of an earth station which receives or transmits signals.

D.

The applicant shall submit with each application the sum of forty dollars ($40.00) which represents the permit fee. The permit fee shall cover the costs of reviewing the construction and processing the application.

(Ord. 890 § 2, 1986: Ord. 875 (part), 1985.)

No earth station shall be constructed in any front or side yard, but shall be constructed in the rear and directly behind the residence or main structure. It shall be constructed no closer than ten (10) feet from the rear lot line or five (5) feet from any easement. A satellite earth station or its structure shall not be able to be seen from a public or private street. Satellite earth stations requiring screening should be done with appropriate evergreen landscaping to reasonably conceal the earth station from view from a public or private street, and the planting shall be completed before final approval by the building commissioner.

(Ord. 875 (part), 1985.)

The building commissioner or inspector may inspect and reinspect any satellite earth station, and should, in his opinion, any structural or electrical deficiencies become apparent or develop with regard to said satellite earth station, he shall require compliance with the provisions of this code.

(Ord. 875 (part), 1985.)

A.

The maximum diameter of any satellite earth station shall not exceed eleven (11) feet.

B.

Only galvanized metal support construction or equivalent shall be permitted.

C.

The structure and installation must be in conformance with the manufacturer's specifications, the National Electrical Code and any other applicable city, state or federal building or zoning codes.

D.

A satellite earth station shall be constructed only on a concrete base or caissons, depending on soil conditions, extending not less than 42″ inches below the surface except when exceptions are specifically permitted by the building commissioner and the city engineer.

E.

The maximum height of any satellite earth station shall be ten (10) feet above the natural grade level.

F.

All electrical wiring must conform to the National Electrical Code and all applicable city codes.

G.

Any driving motor shall be limited to 125 volt maximum design voltage and all rotating parts shall be encased in protective guards.

H.

The satellite earth station shall be bonded to a grounding rod in accordance with the requirements provided in the National Electrical Code and applicable city codes.

I.

Earth station dish antennas shall be filtered and/or shielded so as to prevent the emission or reflection of electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent or nearby properties. In the event harmful interference is caused subsequent to its installation, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with federal communications commission regulations.

J.

The structure, including the foundation, shall be designed to withstand wind force of up to ninety (90) miles per hour in accordance with generally accepted engineering practice without guide wires. Guide wires that pose a walking hazard at night are not allowed.

K.

The surface of the dish shall be painted or treated so as not to reflect glare from sunlight.

L.

The construction of the earth station should meet or exceed manufacturer's specifications.

M.

No linkage physically or electronically shall be permitted to a receiver not located on the same lot.

(Ord. 890 § 1, 1986; Ord. 875 (part), 1985.)

No person, firm or corporation shall erect or maintain a satellite earth station unless in compliance with provisions of this chapter and Section 17.34.050C.

(Ord. 875 (part), 1985.)

A.

Any installation prior to the approval of the ordinance codified in this chapter shall be granted six (6) months to comply to the structural and legal requirements of this chapter, and shall obtain the proper building permits.

B.

The erection of an earth station on the roof of any structure in R1, R2 or R3 zoning areas is prohibited.

(Ord. 875 (part), 1985.)

In other zoning classifications where ground installation is not practical, a roof installation on a flat roof is permitted. The roof-installed earth station shall not be visible from street level, nor obstruct the view frown neighboring properties, and it shall not exceed the height of six (6′) feet from the flat roof. The mounting must be secured to withstand a ninety (90) miles per hour wind velocity.

(Ord. 875 (part), 1985.)

A.

The denial of a permit shall entitle the applicant to appeal to the full zoning board of appeals. The board shall hold a hearing as provided by the city ordinances and state statutes within thirty (30) days of receiving a notice. At said hearing, the applicant shall be entitled to be presented by legal counsel, and present witnesses to support his application.

B.

Should any section, subdivision, clause or phrase of this chapter be declared by any court to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part so invalidated.

(Ord. 875 (part), 1985.)

The owner of any lot or parcel where anything in violation of this chapter is constructed, installed or exists, and any architect, builder or contractor who assists in the commission of any violation of this chapter, and any person who violates any of the provisions of this chapter or fails to comply therewith, shall for each violation or noncompliance be fined not more than $ ___. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 890 § 3, 1986; Ord. 875 (part), 1985.)