(a) 
The city council finds that the maintenance and integrity of neighborhood beauty is important to all citizens. The uncontrolled proliferation of radio and television antennas is likely and such proliferation will adversely affect the health, safety and general welfare of the citizens of the town.
(b) 
This article is adopted for these reasons and based upon these findings.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1701; Ordinance 1607, sec. 9.2003.101, adopted 8/9/16; Ordinance 18-08, sec. 14.100.001, adopted 4/10/18)
For the purpose of this article, certain terms are defined as follows:
Antenna.
An arrangement of wires, rods, poles, etc., used in transmitting and receiving signal energy.
Communication equipment.
The antenna, tower and mast, or any combination thereof used to transmit and/or receive signal energy.
Mast.
The center of an antenna tower upon which antennas are fastened.
Satellite receive-only antenna.
An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna or parabolic antenna.
Tower.
The structure upon which antennas and masts are placed.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1711; Ordinance 1607, sec. 9.2003.201, adopted 8/9/16; Ordinance 18-08, sec. 14.100.002, adopted 4/10/18)
Communication equipment shall be allowed in any residential district if it complies with the following regulations:
(1) 
Only one tower per lot of record.
(2) 
A tower or a telescoping tower extended to its fullest height, exclusive of the height of any antenna or mast, shall not exceed the height limitation of sixty-five feet (65').
(3) 
The height of a mast or antenna, including the height of any tower or telescoping tower extended to its fullest height to which they may be fastened or attached, shall not exceed the maximum height of seventy feet (70').
(4) 
A mast or antenna not fastened to a tower shall not exceed the height limitation for any buildings or structures in the area it is to be located, except for a mast or antenna which does not extend more than eight feet above a building on which it is mounted.
(5) 
A mast or tower shall be limited to having the number and size of antennas attached to it that are allowed by the tower manufacturer’s designs and specifications for maximum wind load requirements.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1712; Ordinance 1607, sec. 9.2003.202, adopted 8/9/16; Ordinance 18-08, sec. 14.100.003, adopted 4/10/18)
(a) 
Front and side yards.
Antennas, masts, and towers shall not be permitted in front or side yards. Guy wires are not permitted in front yards.
(b) 
Guy wires in side and rear yards.
Guy wires are permitted in side and rear yards.
(c) 
Separation.
There shall be no minimum or maximum separation requirements for masts or towers from other structures on the same lot of record.
(d) 
Easements.
Towers and masts shall not be permitted in any easement.
(e) 
Encroachments.
No part of an antenna, tower, mast or attachment thereto may extend beyond the property lines of the owner of such antenna, tower or mast.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1713; Ordinance 1607, sec. 9.2003.203, adopted 8/9/16; Ordinance 18-08, sec. 14.100.004, adopted 4/10/18)
No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission. The use of white flashing strobe lights is prohibited.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1714; Ordinance 1607, sec. 9.2003.204, adopted 8/9/16; Ordinance 18-08, sec. 14.100.005, adopted 4/10/18)
(a) 
A building permit shall be obtained from the building inspection division prior to the construction and/or installation of a tower, antenna or mast. Towers shall be installed according to the manufacturer’s recommendations or under the seal of a registered professional engineer of the state. Regardless of the above, all such towers, antennas or masts must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, and the city building code.
(b) 
Antennas with height of five feet (5') or less do not require a building permit.
(c) 
No permit shall be issued for the installation of an antenna, tower or mast on a multifamily structure or property, or a structure or property not owned by the applicant, unless a notarized statement of permission from the owner is presented to the building inspection division.
(d) 
If the antenna tower or mast is capable of transmitting, a copy of the Federal Communications Commission license(s) shall be provided prior to the issuance of a building permit.
(Ordinance 0304 adopted 7/8/03; Ordinance 0504 adopted 5/10/05; 1998 Code, sec. 3.1715; Ordinance 1607, sec. 9.2003.205, adopted 8/9/16; Ordinance 18-08, sec. 14.100.006, adopted 4/10/18)
Antennas, masts or towers, obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1716; Ordinance 1607, sec. 9.2003.206, adopted 8/9/16; Ordinance 18-08, sec. 14.100.007, adopted 4/10/18)
A special exception may be granted by the city council for any tower or antenna which does not or cannot comply with this article specified hereinabove. The city council may grant a special exception to the maximum height allowed. In considering whether to grant a special exception from this article, the city council shall consider the following:
(1) 
The effect on the value of the surrounding property;
(2) 
The potential for interference with the enjoyment of the use of surrounding properties;
(3) 
Aesthetics;
(4) 
The necessity of the special exception for the public health, safety and welfare of the citizens or for governmental purposes;
(5) 
The directive of Federal Communications Commission PRB-1 to reasonably accommodate amateur communications and to minimally regulate such amateur communications to accomplish zoning goals.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1717; Ordinance 1607, sec. 9.2003.207, adopted 8/9/16; Ordinance 18-08, sec. 14.100.008, adopted 4/10/18; Ordinance adopting 2019 Code)
All communications towers, antennas and masts, upon which construction began before May 1, 1993, shall be permitted to continue to exist as nonconforming structures or nonconforming uses of structures. All radio towers, antennas and masts that do not comply with safety standards for such structures must be brought into compliance with such safety standards within 30 days of receipt of notice from the building official. All communications towers, antennas and masts upon [which] construction began on or after May 1, 1993, shall conform to the requirements of this article.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1718; Ordinance 1607, sec. 9.2003.208, adopted 8/9/16; Ordinance 18-08, sec. 14.100.009, adopted 4/10/18)
Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this article when made under the provisions herein provided. Such provisions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1721; Ordinance 1607, sec. 9.2003.301, adopted 8/9/16; Ordinance 18-08, sec. 14.200.01, adopted 4/10/18)
Satellite receive-only antennas shall be allowed in any residential district if it complies with the following regulations:
(1) 
Only one satellite receive-only antenna per lot of record.
(2) 
A satellite receive-only antenna shall not exceed the height of thirty-five feet (35').
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1722; Ordinance 1607, sec. 9.2003.302, adopted 8/9/16; Ordinance 18-08, sec. 14.200.002, adopted 4/10/18)
(a) 
Satellite receive-only antennas shall be located not less than eighty feet (80') from the front property line, nor less than six feet (6') from any other property line.
(b) 
No part of a satellite receive-only antenna may extend beyond the easements or property lines.
(c) 
There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1723; Ordinance 1607, sec. 9.2003.303, adopted 8/9/16; Ordinance 18-08, sec. 14.200.003, adopted 4/10/18)
No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission. The use of white flashing strobe lights is prohibited.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1724; Ordinance 1607, sec. 9.2003.304, adopted 8/9/16; Ordinance 18-08, sec. 14.200.004, adopted 4/10/18)
(a) 
(1) 
A building permit shall be obtained prior to construction and/or installation of a satellite receive-only antenna. Satellite receive-only antennas shall be installed as per the manufacturer’s recommendations or under the seal of a registered professional engineer of the state.
(2) 
Satellite receive-only antennas with a diameter of twenty-four inches (24") or less do not require a building permit.
(b) 
No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily structure or property, or a structure or property not owned by the applicant, unless a notarized statement of permission from the owner is presented to the building inspection division.
(c) 
All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened.
(Ordinance 0304 adopted 7/8/03; Ordinance 0504 adopted 5/10/05; 1998 Code, sec. 3.1725; Ordinance 1607, sec. 9.2003.305, adopted 8/9/16; Ordinance 18-08, sec. 14.200.005, adopted 4/10/18)
Satellite receive-only antennas obviously not in use or obviously in need of maintenance, as determined by the building official, shall be removed or brought into compliance within thirty days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property and public welfare.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1726; Ordinance 1607, sec. 9.2003.306, adopted 8/9/16; Ordinance 18-08, sec. 14.200.006, adopted 4/10/18)
A special exception may be granted by the city council for any satellite receive-only antenna which does not or cannot comply with this article specified hereinabove. In considering whether to grant a special exception from this article, the city council shall consider the following:
(1) 
The effect on the value of the surrounding property;
(2) 
The potential for interference with the enjoyment of the use of surrounding properties;
(3) 
Aesthetics;
(4) 
The necessity of the special exception for the public health, safety and welfare of the citizens or for governmental purposes;
(5) 
The provisions of 47 C.F.R. subsection 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:
(A) 
Have a reasonable and clearly defined health, safety or aesthetic objective; and
(B) 
Do not operate to impose unreasonable limitations on or prevent reception of satellite receive-only antennas or to impose costs on the users or such antennas that are excessive in light of the purchase and installation of the equipment;
(6) 
The unique conditions that govern reasonable reception on any given lot.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1727; Ordinance 1607, sec. 9.2003.307, adopted 8/9/16; Ordinance 18-08, sec. 14.200.007, adopted 4/10/18)
All satellite receive-only antennas upon which construction began before May 1, 1993, shall be permitted to continue to exist as nonconforming structures or nonconforming uses of structures. All satellite receive-only antennas that do not comply with safety standards for such structures shall be brought into compliance with such safety standards within thirty (30) days of receipt of notice from the building official. All satellite receive-only antennas upon [which] construction began on or after May 1, 1993, shall conform to the requirements of this article.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1728; Ordinance 1607, sec. 9.2003.308, adopted 8/9/16; Ordinance 18-08, sec. 14.200.008, adopted 4/10/18)
Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in the city Code of Ordinances, section 1.01.006.
(Ordinance 0304 adopted 7/8/03; 1998 Code, sec. 3.1729; Ordinance 1607, sec. 9.2003.309, adopted 8/9/16; Ordinance 18-08, sec. 14.200.009, adopted 4/10/18)