It is the purpose of this chapter to regulate the location and construction of dish-type satellite signal-receiving antennas within the City in order to protect the public health, safety and welfare of the residents, particularly with respect to the maintenance of utility easements and fire safety accesses, the prevention of the accumulation of noxious weeds and debris, the safety considerations associated with windloads, and the reasonable accommodation of the aesthetic concerns of neighboring property owners.

(Ord. 4320. Passed 11-15-93.)

   The following definitions shall apply in the interpretation of this chapter:

   (a)   "Dish" shall be that part of a satellite signal-receiving antenna which is shaped like a saucer or dish, whether it is spherical, paraboloidal or similar in shape.

   (b)   "Dish-type satellite signal-receiving antenna," including earth stations or ground stations, whether functioning as part of a basic service system or not, shall mean one or a combination of two or more of the following:

      (1)   A signal-receiving device, such as a dish antenna, whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources;

      (2)   A low noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer or transmit signals; and/or

      (3)   A coaxial cable or like source for transformation to a television signal.

(Ord. 4320. Passed 11-15-93.)

   No person shall undertake the construction, erection or installation of any satellite dish without a zoning permit therefor issued in accordance with the provisions of this Zoning Code. The application for such a permit shall include the following:

   (a)   A description of the type of earth station proposed;

   (b)   A plot plan of the lot, premises or parcel of land, showing the location of the proposed earth station and all other buildings thereon;

   (c)   Plans depicting the specifications and elevations of the proposed location, to include satisfactory screening and landscaping for ground-mounted structures;

   (d)   Details of the method of assembly and construction of the proposed earth station; and

   (e)   A fee as required for the review of plans and specifications and the inspection of construction.

(Ord. 4320. Passed 11-15-93.)

   Ground-mounted satellite dish antennas are considered as accessory structures and are permitted as accessory uses in all districts. In addition to the provisions of this Zoning Code pertaining to accessory structures, the following provisions shall apply to ground- mounted satellite dishes:

   (a)   The maximum diameter of any ground-mounted satellite dish shall be ten feet.

   (b)   The maximum height of any ground-mounted satellite dish shall be twelve feet above the finished grade.

   (c)   The "dish" portion of the apparatus shall have a surface of open mesh construction or a solid surface.

   (d)   The satellite dish apparatus shall be painted a color which complements its environment, and shall bear no advertisement, lettering, picture or visual image.

   (e)   The apparatus shall not be located in a side yard or a front yard.

   (f)   The site of the apparatus shall be screened with shrubbery and/or landscaping to create adequate screening from adjoining properties. Such plantings should primarily be evergreen, not deciduous, and should include trees which have a minimum planting height equal to one-half of the height of the apparatus above finished grade.

   (g)   The apparatus shall be mounted upon a solid concrete slab and shall be constructed in such a manner that it will withstand wind forces of up to seventy-five miles per hour.

   (h)   Only metal supports of galvanized construction shall be used.

   (i)   Any guy wires attached to a satellite dish apparatus shall be enclosed by an approved fence.

   (j)   Any driving motor shall be limited to 110-volt maximum power and shall be encased in a protective guard.

   (k)   All wiring between the apparatus and any other structure shall be placed underground in approved conduit.

   (l)   The apparatus shall be bonded to an approved eight foot grounding rod.

   (m)   Only one ground-mounted apparatus shall be permitted per lot.

(Ord. 4320. Passed 11-15-93.)

   Roof-mounted satellite dish antennas are considered as accessory structures and are permitted as accessory uses in all districts. In addition to the provisions of this Zoning Code pertaining to accessory structures, the following provisions shall apply to roof- mounted satellite dishes:

   (a)   The maximum diameter of any roof-mounted satellite dish shall be three feet.

   (b)   The maximum height of any roof-mounted satellite dish shall be four feet above the roof height of the building upon which it is mounted.

   (c)   The "dish" portion of the apparatus shall have a surface of open mesh construction or a solid surface.

   (d)   The satellite dish apparatus shall be painted a color which complements its environment and shall bear no advertisement, lettering, picture or visual image.

   (e)   All wiring and grounding of the apparatus shall be in accordance with local codes.

   (f)   The apparatus, mounting and all supporting devices shall be constructed and erected in accordance with local codes, directly on the roof of the principal building, and shall not be mounted upon a spire, tower, turret, chimney, pole or any appurtenance attached thereto.

   (g)   The satellite dish apparatus shall be so designed and installed as to withstand wind forces of up to seventy-five miles per hour.

(Ord. 4320. Passed 11-15-93.)

   An applicant may request a variance from the accessory building requirements of this chapter. The applicant shall submit clear and convincing evidence that the requested variance is necessary in order for the satellite dish antenna to have a direct line of sight or in order to have an unobstructed view to the satellite. In any case where this provision applies, the variance granted by the City shall be the minimum variance required to achieve the necessary direct line of sight to assure that the antenna can properly function.

(Ord. 4320. Passed 11-15-93.)