20.52.650 Regulation of satellite earth station antennas

20.52.650 Regulation of satellite earth station antennas.

A. Permitted Accessory Uses. Satellite earth station antennas described in this section may be installed as permitted accessory uses without site plan review and without obtaining a building permit; provided, that they comply with all applicable development standards set forth in subsection (B) of this section, as well as all applicable building codes, electrical codes, and fire codes:

1. An antenna located in any land use zone, which antenna is designed to receive direct broadcast satellite service, including direct-to-home satellite services; provided, that such antenna is one meter (39 inches) or less in diameter and is either building-mounted or ground-mounted and elevated by a mast. If the diameter of the antenna is 18 inches or less, the antenna may extend above the roofline for only the height that is reasonably necessary to ensure the reception of broadcast signals of an acceptable quality. If the diameter of the antenna exceeds 18 inches, but does not exceed 39 inches, then the antenna must not extend above the roofline.

2. An antenna that is designed to receive video programming services and that is located in any land use zone where commercial or industrial uses are generally permitted, which antenna is two meters (78 inches) or less in diameter and is either building-mounted or ground-mounted and elevated by a mast. In no event may any such antenna extend more than 12 inches above the roofline.

3. An antenna located in any land use zone, which antenna is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, and such antenna is one meter (39 inches) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast. If the diameter or diagonal measurement is 18 inches or less, the antenna may extend above the roofline for only that height that is reasonably necessary to ensure the reception of broadcast signals of an acceptable quality. If the diameter or diagonal measurement exceeds 18 inches, but does not exceed 39 inches, then the antenna must not extend above the roofline.

4. An antenna shall not be visible from a public street or shall be away from public view.

1. The following development standards apply in all land use zones to the siting, construction, and operation of satellite earth station antennas, and to all satellite earth station antennas that are subject to the site plan review and to the issuance of a building permit:

a. No satellite earth station antenna may be installed in any land use zone if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.

b. Satellite earth station antennas, whether ground-mounted or building-mounted, including any guy wires, masts, and accessory equipment, must be located and designed so as to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping or the addition of new architectural elements that are compatible with the design of adjacent buildings. This screening requirement may be modified if the antenna’s reception is impaired.

c. Satellite earth station antennas must be finished in a nonmetallic finish or painted in a color that is compatible with the surrounding environment.

d. Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive resistant materials.

e. All satellite earth station antennas must be installed with adequate grounding wire to protect against a direct strike of lightning. The grounding wire must be a type approved by the electrical code for ground wiring of masts and lightning arresters.

f. All satellite earth station antennas must be located away from utility lines by a 12-foot vertical distance and a six-foot horizontal distance. Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.

g. To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.

h. If footings are required for the installation of a ground-mounted satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or civil engineer.

i. All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind-load of at least 20 pounds.

j. No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized by the city engineer as provided for in this code.

k. All satellite earth station antennas must be properly maintained.

2. In addition to the development standards set forth in subsection (B)(1) of this section, the following development standards apply in all residential land use zones to the siting, construction, and operation of satellite earth station antennas:

a. The diameter of a satellite earth station antenna that is subject to site plan review may not exceed one meter.

b. A ground-mounted satellite earth station antenna must be located in the side yard or rear yard and at least five feet from any property line.

3. In addition to the development standards set forth in subsection (B)(1) of this section, the following development standards apply in all nonresidential land use zones to the siting, construction, and operation of satellite earth station antennas:

a. All ground-mounted satellite earth station antennas must be located at least five feet from any property line.

b. No ground-mounted satellite earth station antenna may be located in the area between the front property line and the main building or structure.

c. If roof-mounted, a satellite earth station antenna must either be affixed to a flat portion of the roof structure having parapets, or it must be integrated with the architectural design of the building in accordance with a plan that is approved by the director of community development.

1. If a proposed satellite earth station antenna will exceed the permissible height limitations referenced in subsection (B) of this section, or if the diameter or diagonal measurement of the proposed satellite earth station antenna exceeds the limitations specified in subsection (B) of this section, then an application for development review must be submitted in accordance with Chapter 20.84 CMC, Part 2, and, if the application is approved, a building permit must be obtained.

2. The city council expressly finds and determines that these regulatory requirements relating to site plan review are necessary, desirable, and in the best interests of the community in order to protect the public health, welfare and safety, to promote aesthetic objectives, and to maintain property values. The city council further finds and determines that these regulatory requirements are applicable only to the proposed installation of satellite earth station antennas that are not permitted accessory uses and that do not meet the criteria for exemption from local regulation established by the Federal Communications Commission under the Telecommunications Act of 1996.

3. In addition to the requirements set forth in Chapter 20.84 CMC, Part 2, the application for development review must include the following:

a. Construction drawings that show the proposed method of installation and the manufacturer’s specifications.

b. A plot plan showing the proposed location of the satellite earth station antenna.

c. Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the building code. (Ord. 690 § 4 (Exh. A), 2018).