(A)
These
regulations apply to all commercial and amateur antennas and support
structures, unless exempted herein.
(B)
Direct
broadcast satellite reception, multi-channel multipoint distribution,
as defined by the FCC, television reception antennas, and amateur
radio antennas meeting the following requirements do not require a
permit unless mounted on a pole or mast that is 20 feet or more in
height.
(1)
In any zoning district, antennas that are one meter (39 inches) or
less in diameter.
(2)
In a nonresidential zoning district, antennas that are two meters
or less in diameter.
(3)
In any zoning district, antennas designed to only receive television
broadcasts.
(4)
In any zoning district, amateur radio antennas concealed behind or
located upon or within attics, eaves, gutters, or roofing components
of the building.
(5)
In any zoning district, amateur radio ground-mounted whips and wire
antennas, unless mounted upon a pole or mast over 20 feet in height.
(C)
Support
structures or antennas legally installed before adoption of these
regulations are not required to comply with this chapter, but must
meet all applicable state, federal, and local requirements, building
codes, and safety standards.
(Ordinance 2011-27(f) adopted 11/12/15)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An antenna or antenna support structure used for the purpose
of transmission, retransmission, and/or reception of radio, television,
electromagnetic, or microwave signals primarily for the purpose of
operating a business or for financial gain, such as commercial broadcasting
and cellular or wireless telecommunications. A satellite dish antenna
that exceeds six feet in diameter shall also be considered as a COMMERCIAL
ANTENNA.
An antenna or antenna support structure used for the purpose
of transmission, retransmission, or reception of radio, television,
electromagnetic, or microwave signals for private or personal use
and not for the purpose of operating a business or for financial gain.
A satellite dish antenna not exceeding six feet in diameter shall
also be considered as a NON-COMMERCIAL ANTENNA.
An ANTENNA is the arrangement of wires or metal rods used
in transmission, retransmission, and reception of radio, television,
electromagnetic, or microwave signals, including microwave reflectors
and antennas. A MICROWAVE REFLECTOR is an apparatus constructed of
solid, open mesh, bar-configured, or perforated materials of any shape
or configuration that is used to receive or transmit microwave signals
from a terrestrial or orbitally located transmitter or transmitter
relay. MICROWAVE REFLECTORS are also commonly referred to as satellite
receive only earth stations (T.V.R.O.S.) or satellite dishes. An ANTENNA
SUPPORT STRUCTURE is any tower, mast, pole, tripod, box frame, or
other structure utilized for the purpose of supporting one or more
antennas or microwave reflectors.
The use of a single support structure and/or site by more
than one communications provider.
The transmission, retransmission, or reception of radio,
television, electromagnetic, or microwave signals primarily for the
purpose of operating a business and/or for financial gain.
The transmission, retransmission, or reception of radio,
television, electromagnetic, or microwave signals for private or personal
use, and not for the purpose of operating a business and/or for financial
gain.
The distance measured from the finished grade of the lot
or parcel to the highest point on the support structure or other structure,
including the base pad and any antennas.
See ANTENNA, MICROWAVE REFLECTOR, AND ANTENNA SUPPORT STRUCTURE.
See ANTENNA, MICROWAVE REFLECTOR, AND ANTENNA SUPPORT STRUCTURE.
An antenna and any associated support structure or equipment
including, but not limited to, a support pole or a vehicle that is
placed and/or used on a temporary basis only not intended to be permanent,
usually in conjunction with a special event, news coverage, or emergency
situation, or in case of equipment failure or temporary augmentation
of permanent communications equipment.
See ANTENNA, MICROWAVE REFLECTOR, AND ANTENNA SUPPORT STRUCTURE.
(Ordinance 2011-27(f) adopted 11/12/15)
(A)
Antenna
and support structures may be considered either principal or accessory
uses.
(B)
Antenna installations shall comply with all other requirements of Chapter 154 and the code of ordinances, with the exception of those specifically cited within these regulations.
(C)
No
commercial antenna support structure shall be closer to any residential
district boundary line or residential dwelling than a distance equal
to twice the height of the support structure. Such setback distance
shall be measured as the shortest possible distance in a straight
line from the structure to the closest point of a residential district
boundary line or residential dwelling. Setbacks from residentially
zoned property do not apply to antennas attached to utility structures
that exceed 50 feet in height, or to antennas placed wholly within
or mounted upon a building.
(D)
No
amateur or commercial antenna, antenna support structure, microwave
reflector or antenna, or associated foundations, support wires, or
appurtenances shall be located within any required setback area for
the front, side, or rear yards.
(E)
All
antenna and support structures must meet or exceed the current standards
and regulations of the Federal Communications Commission (FCC), the
Federal Aviation Administration (FAA), and/or all other applicable
federal, state, and local authorities. If those standards change,
then the owner and user of an antenna or support structure must bring
the antenna or structure into compliance within six months or as may
otherwise be required by the applicable regulating authority.
(F)
A building
permit is required to erect or install an antenna, antenna support
structure, and related structures or equipment, unless the particular
antenna is exempt from these regulations. All installations shall
comply with applicable federal, state, and local building codes and
the standards published by the Electronic Industries Association.
Owners and users shall have 30 days after receiving notice by certified
and/or first-class mail addressed to last known address of owner of
record that an installation is in violation of applicable codes in
order to bring it into full compliance.
(G)
Antenna,
whether amateur or commercial, shall not create electromagnetic or
other interference with the city’s and the county’s radio
frequencies and public safety operations, as required by the FCC.
Antenna also shall not interfere with radio or television reception
of nearby property owners. In no manner shall the use of such equipment
infringe upon adjoining property owners.
(H)
No
antenna or support structure shall be located so as to create a visual
obstruction within critical visibility areas, such as at street intersections
or where a private driveway enters a roadway, or a traffic safety
problem.
(I)
Safeguards
shall be utilized to prevent unauthorized access to an antenna installation,
such as on a water tower or utility structure, a free-standing installation.
Safeguards include certain devices identified and recommended by the
manufacturer of the antenna or support structure, a fence, a climbing
guard, or other commercially available safety devices. Climbing spikes
or other similar climbing device, if utilized, shall be removed immediately
following use.
(J)
Temporary
antenna shall only be allowed in the following instances:
(1)
In conjunction with a festival, carnival, rodeo, or other special
event or activity;
(2)
In case of an emergency, such as severe weather, or a news coverage
event; or
(3)
When needed to restore service on a temporary basis after failure
of an antenna installation. The city must be notified within 72 hours
of the placement of a temporary antenna. If the temporary antenna
is to be needed for more than seven days, then the owner and user
must apply for and acquire a permit for the temporary installation
on or before day eight following initial placement of the antenna.
(K)
Collocation
is greatly encouraged by the city.
(1)
All new support structures over 50 feet in height shall be constructed
to support antennas for at least two carriers, unless the structure
is an alternative or stealth design, or the support structure is replacing
an existing utility structure or light standard. Sufficient area for
associated structures and equipment shall also be provided.
(2)
A support structure which is modified or reconstructed in order to
accommodate collocation shall be of the same type, design, and height
as the existing structure, and it may be moved on the same property
within 50 feet of its original location; provided that it is not moved
any closer to residentially zoned property. If the structure was allowed
by a CUP, then its new location shall be within the physical/land
boundaries of the CUP. The original support structure shall be removed
from the property within 90 days following completion of the new structure.
(3)
Where an additional antenna is to be attached to an existing support
structure that already has an antenna mounted upon it, the new antenna
shall comply with, and be compatible with, the design of the existing
antenna on the collocated structure.
(L)
Support
buildings and equipment storage areas and buildings shall be screened
from public view if mounted on a rooftop. When ground mounted, they
shall meet all applicable front, side, and rear yard setback requirements
of the applicable base zoning district. They shall also be of a neutral
color and shall use exterior finish colors and materials that are
compatible with nearby structures. They shall be screened from public
view by a dense, opaque evergreen landscaped screen with an initial
planting height of three feet, and which will attain an ultimate height
of six feet at maturity. A six-foot solid masonry wall may be used
in lieu of the landscaped screen, provided exterior finish materials
are compatible with nearby structures. The use of a wood fence for
screening is prohibited, and wrought iron or chain link may only be
used in conjunction with a landscaped screen as specified above.
(M)
(1)
Satellite dishes and other similar antennas shall be permitted on
the roof of a building as long as satellite dishes do not exceed one
meter (39 inches) in diameter and antennas do not extend over ten
feet above the roof of the building.
(2)
Roof-mounted antennas that comply with the provisions of these regulations
do not require additional yard setbacks or setbacks from residential
areas or dwellings.
(N)
Only
one amateur antenna and support structure shall be permitted per residential
lot, except that a maximum of two satellite dishes may be allowed
if both units are no larger than one meter (39 inches) in diameter.
Satellite dishes in any residential district shall not exceed 12 feet
in diameter and must be permitted by the Mayor/City Secretary or his
or her designee.
(O)
All
commercial signs, flags, lights, and attachments, other than those
required for emergency identification, communications operations,
structural stability, or as required for flight visibility by the
FAA and/or FCC, shall be prohibited on any antenna or antenna support
structure. However, lights may remain or be placed upon light standards
that are altered or replaced in order for them to serve as antenna
support structures; provided that said lights are not commercial in
nature and provided that said lights are placed/replaced as the same
size, configuration, number of bulbs, degree of luminance, and the
like as they previously existed prior to support structure modification
or replacement.
(P)
Any
publicly owned antennas or antenna support structures shall be permitted
in any zoning district, including public safety communications.
(Q)
In
all residential zoning districts, commercial antennas and antenna
support structures are prohibited, except as specified within this
section.
(1)
A commercial antenna may be attached to a utility structure, including
electrical transmission, distribution towers, and elevated water storage
tanks, provided that the utility structure exceeds 50 feet in height,
and provided that the antenna does not extend more than ten feet above
the height of the utility structure.
(2)
A commercial antenna may be placed wholly within any building permitted
in the zoning district. A commercial antenna may also be mounted flush
to the exterior of a building or structure if it is painted or disguised
to integrate into the overall architectural design and it is not readily
visible or identifiable as an antenna from public roadways or from
neighboring residential properties.
(R)
In
nonresidential zoning districts, commercial antennas and antenna support
structures are allowed as follows.
(1)
Commercial antenna support structures are allowed by right if they
do not exceed the maximum building height allowed for the zoning district
in which they are located. Structures in excess of the height allowed
in the zoning district may be allowed by a conditional use permit
(CUP), provided the structure conforms in all other aspects of the
base zoning district’s regulations, and provided that all applicable
setback requirements are satisfied. In all nonresidential zoning districts,
antenna support structures must meet all setback requirements, particularly
from residential zoning districts.
(2)
A commercial antenna may be attached to a utility structure, including
electrical transmission, distribution towers, and elevated water storage
tanks, provided that the utility structure exceeds 50 feet in height
and provided that the antenna does not extend more than ten feet above
the height of the utility structure.
(3)
A commercial antenna may be placed wholly within any building permitted
in the zoning district. A commercial antenna may also be mounted flush
to the exterior of a building or structure if it is painted or disguised
to integrate into the overall architectural design and it is not readily
visible or identifiable as an antenna from public roadways or from
neighboring residential properties.
(Ordinance 2011-27(f) adopted 11/12/15)
