[§ 6, Ord. 940-96, eff. January 17, 1997]
The following words and phrases, as used in this chapter, are
defined as follows:
(a)
ANTENNA — Shall mean an accessory structure, regardless
of how mounted, designed and/or used, which is capable of transmitting
or receiving electromagnetic, cellular, microwave and other signals.
(b)
DIRECTIONAL TRANSMITTING ANTENNA — Shall mean an antenna
with vertical and horizontal support poles and extensions, including
a mounting equipment.
(c)
VIDEO PROGRAMMING ANTENNA/NONRESTRICTED — Shall mean either
(1) a dish antenna measuring less than 39 inches in diameter designed
or used to receive video programming signals from direct broadcast
satellites (DBS); or (2) an antenna measuring 39 inches or less in
diameter and having a mast measuring less than 12 feet, that is designed
or used to receive video programming signals from multi- channel multipoint
distribution systems (MMDS/wireless cable) or television broadcast
stations (TVBS).
(d)
REASONABLE FUNCTIONAL USE — Shall mean that positioning
of an antenna to permit a substantially unobstructed line-of-sight
with satellites in geosynchronous orbit, or other transmitting devices,
from which the antenna receives signals.
(e)
WHIP ANTENNA — Shall mean a single shaft antenna, including
all mounting equipment.
[§ 7, Ord. 940-96, eff. January 17, 1997]
The following permitting requirements and development standards
shall apply to the installation of specific antennas:
(a)
Video Programming Antennas.
(1)
No Permit Required. Any person may install, use and maintain
video programming antennas/nonrestricted, as defined herein, on property
which such person directly owns, without the necessity of applying
for a permit. Within 15 days of installation, the property owner shall
notify the Planning Department, by telephone or in writing, of the
installation. The property owner may, but is not required to, notify
the Planning Department of a planned installation. On receipt of the
notification, the Planning Director may inspect the location solely
for the purpose of determining whether the proposed or actual antenna
installation is or will be placed in a location that will reduce or
eliminate its visibility from the street, unless the antenna is not
or cannot be so placed without impacting signal quality. The Planning
Department shall inform the City Building Official of the installation.
The Building Official shall promulgate and make available to the public
specific safety regulations for antenna installation, including but
not limited to placement for fire safety, avoidance of utility lines,
and grounding and installation stability requirements. Once such regulations
are promulgated, the Building Official may inspect an installation
solely for the purpose of determining that it complies with same.
The property owner shall comply with orders issued by the Building
Official concerning correction of unsafe installations.
(2)
Permit Required. Any proposed installation of a video programming antenna which does not fall within the definition set forth in § 9-7.1001(c) because of size shall require site plan approval and a height variance, if applicable.
(i)
Application requirements. Where site plan approval is required,
the application shall include a site plan showing the proposed installation
location, property and setback lines, and other site specific information
and details necessary for the City to determine compliance with the
provisions of this chapter. The Planning Director and/or Commission
may require supplemental information to be filed with the site plan
as it deems appropriate. Where a height variance is required, the
application shall include elevation drawings.
(3)
Development Standards. A video programming antenna that falls
outside of the definition of "video programming antenna/nonrestricted"
may be placed on private property within all land use zones of the
City, subject to the following development standards:
(i)
Quantity. Only one receive-only dish antenna may be installed
per lot, parcel, multiple-family residential complex or building,
whichever interpretation results in the fewest dish antennas.
(ii)
Installation requirements. Installation shall
be in a location which limits visibility of the antenna from the street
or neighboring properties unless the Planning Commission determines
that any other location will unreasonably interfere with signal reception.
The Planning Commission may require that visible antenna by painted
to blend into the background against which it is mounted.
(b)
Whip Transmitting, Directional Transmitting Antennas. The Planning
Director may administratively approve the installation of (i) omnidirectional
"whip" transmitting antennas measuring no more than 10 feet in length
and two inches in diameter; (ii) directional transmitting antennas
having support poles measuring no more than 10 feet in length and
two inches in diameter and extensions that do not exceed two feet
in length and two inches in diameter, provided that an installation
specified in subsections (i) or (ii) which exceeds applicable development
standard(s) for the zone shall require a variance.
(c)
Other Transmitting Antennas. Except as provided above, one transmitting antenna or antennas, whether dish or otherwise, may be installed per lot, parcel or on a building only within the public or low density residential zone subject to a conditional use permit, site plan approval, and variances, if any are required under the development standards applicable within the zone. In addition to providing the information and plans required by subsection (a)(2) above, the applicant for a conditional use permit shall submit microwave interference and radiation data and specifications, and all other information required to be filed with the Federal Communications Commission (FCC) in support of the required application for an FCC license and any other plans and information the City deems relevant. In addition to notice of hearing required by law, notice of a public hearing on a conditional use permit for installation of a transmitting antenna in a low density residential zone or a public zone or within 300 feet of the boundary of such zones shall be given to each property owner within a 1,000-foot radius of the antenna.
(1)
In addition to the principles and standards set forth in §§ 9-8.303 and 9-8.404, the Commission shall consider the application and may, with such conditions as are deemed necessary, approve a conditional use permit for a transmitting antenna only after consideration of the following additional factors:
(i)
If the applicant proposes to install the transmitting antenna
in the zones specified above, the aesthetic, visual and safety impacts
on developed and undeveloped parcels within a 1,000-foot radius of
the site;
(ii)
The availability of other, more appropriate sites,
taking into account the zoning of the proposed site, including existing
and reasonably foreseeable future development, the comparative advantages
of the alternative site and the proposed site in terms of sound quality
and signal reach, and the diligence of the applicant in identifying
and qualifying for such alternative sites that would have less negative
impacts than the proposed site;
(iii)
The visual and aesthetic impacts of the proposed
antenna installation when viewed from scenic areas of the City of
Avalon, taking into account the existence of other antennas, towers
and similar structures within the same view frame.
