Chapter 17.27
SATELLITE EARTH STATIONS
Sections:
17.27.010 Legislative declaration.
17.27.030 Application procedure.
17.27.040 Inspection and installation.
17.27.050 Location of satellite earth stations.
17.27.060 Satellite earth station construction—Support structures.
17.27.080 Exemption of cable television permittee.
17.27.010 Legislative declaration.
The City Council is cognizant of the provisions of the rule adopted by the Federal Communications Commission as Section 25.104 of the Commission’s Rules and Regulations. As its response thereto, the city declares that the purpose of adopting this chapter is to protect the aesthetic integrity of the city and the neighborhoods thereof. In adopting this chapter, the intent of the City Council is to protect the aesthetic integrity of the city and the neighborhoods thereof. The City Council has attempted to adopt regulations which provide for such aesthetic protection while placing the least possible restriction or limitations upon the legitimate ability of residents to avail themselves of the current and future technology represented by satellite signal-receiving earth stations. The City Council has knowingly and intentionally provided for restrictions on such aspects of satellite signal-receiving earth stations as color and location and roof mounting because those aspects of regulation relate directly to aesthetic considerations which are important to all residents of the city, not just those who choose to avail themselves of the technology of satellite signal-receiving earth stations, and those aspects of regulations which are deemed not to interfere unreasonably with the right of a homeowner or business owner to avail himself of, and to receive, said technology. In addition, the right of an aggrieved property owner to seek a variance from the provisions of this chapter provides adequate protection, without unreasonable or excessive cost, of the rights of both the user of the technology and the remaining property owners within the city. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.27.020 Permit required.
No person shall erect a satellite earth station in the city without first obtaining a permit, and no installation or erection shall commence before such permit is issued. Prior to issuance of a permit for a satellite earth station, the applicant shall pay the fee specified by the Uniform Building Code for building permits, based on valuation of the project. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.27.030 Application procedure.
Any person who desires to install or erect a satellite earth station shall apply to the Zoning Administrator for a permit. An occupant, renter or co-owner shall have the written permission of all owner(s) of the lot, premises or parcel of land within the city on which such satellite earth station is proposed to be installed or erected. The applicant shall also submit:
A. A plot plan of the property or parcel of land showing the exact location of the proposed satellite earth station and all other buildings;
B. A description of the kind of satellite earth station proposed;
C. Plans showing specifications and elevations of the proposed satellite earth station with sufficient details to show the method of assembly and construction.
The written application shall indicate the names of the owner(s) of the subject property, the occupant of the subject property, the occupant of the subject premises and the contractor or other person proposed to construct or erect the proposed satellite earth station. The Zoning Administrator shall issue or deny the permit based upon the requirements of this chapter. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.27.040 Inspection and installation.
The Zoning Administrator may inspect and reinspect erected or installed satellite earth stations, and should, in his opinion, any structural or electrical deficiencies become apparent or develop such as to cause said station to be or to become out of compliance with any city-adopted codes or ordinances or regulations, he shall require compliance with the provisions of applicable codes. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.27.050 Location of satellite earth stations.
A. A satellite earth station may be located in the PUDD Urban Neighborhood District provided that it is:
1. Neutral in color, nonreflective and bears no advertising emblem or information other than the name of the manufacturer in letters not to exceed two (2) inches in height; and
2. Limited to one (1) per lot, except multifamily developments may have one (1) per main building where there are multiple main buildings on a lot; and
3. Not in excess of twelve (12) feet in diameter, nor fifteen (15) feet in height; and
4. Not roof mounted; and
5. Located only in the rear or side yard with the base a minimum of ten (10) feet from any property line, except that where a side yard abuts a public street, such antenna shall not be permitted in that yard; and
6. Screened so that the full visual impact of satellite receiving antennas shall be reduced. If the subject parcel adjoins a residential zone, all antennas shall be effectively screened by a fence, wall or dense screening hedge to a maximum height of six (6) feet. Said fence, wall or hedge shall be located on or near the lot line bounding the residential zone and shall otherwise comply with the applicable zoning requirements governing its location.
B. A satellite earth station may be located in the PUDD Regional Retail and Commercial District provided that it is:
1. Neutral in color, nonreflective and bears no advertising emblem or information other than the name of the manufacturer in letters not to exceed two (2) inches in height; and
2. Limited to one (1) per lot or per main building; and
3. Not in excess of twelve (12) feet in diameter or twenty (20) feet in height (unless roof mounted); and
4. Not in excess of the maximum height of the zone district in which the satellite earth station is located if roof mounted. A study of roof capabilities to handle the additional load shall be submitted with permit and plans; and
5. Not constructed any closer to the ground, if not located directly on the ground, than seven (7) feet above ground level; and
6. Not located between a building and a front lot line, if ground mounted. If the subject parcel adjoins a residential zone, all antennas shall be placed a minimum of ten (10) feet from any lot line and effectively screened by a fence, wall or dense screening hedge to a maximum height of six (6) feet. Said fence, wall or hedge shall be located on or near the lot line bounding the residential zone and shall otherwise comply with the applicable zoning requirements governing its location. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.27.060 Satellite earth station construction—Support structures.
The following support structures are permitted for satellite earth stations:
A. Only galvanized metal support construction or equivalent shall be permitted.
B. The structure, installation and electrical wiring must be in conformance with the National Electrical Code and any other applicable city building, zoning and fire codes.
C. Only a concrete base or caissons, depending on soil conditions, extending not less than three (3) feet below the surface, shall be employed in line with grade.
D. The structure, including the foundation, shall be designed to withstand wind force of up to ninety (90) miles per hour.
E. Any driving motor shall be limited to one hundred twenty-five (125) volt maximum design voltage and all other rotating parts shall be contained in protective guards.
F. The satellite earth station shall be bonded to a grounding rod in accordance with the requirements provided in the National Electrical Code. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.27.070 Waivers.
Authority is expressly granted to the Zoning Administrator to hear and decide upon requests for waivers from the provisions of this chapter within limitations imposed by Section 17.27.010. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § l (part))
17.27.080 Exemption of cable television permittee.
It is the expressed intent of the City Council that the provisions of this chapter shall not apply to the present holder or any successor, additional franchisee or permittee holding the cable television franchise for the city. (Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))