Consistent with the Federal mandates specified in 47 C.F.R. 25.104, this article is designed to provide local regulation of satellite antennas in order to protect the health, safety, and welfare of the people of the City by preventing significant visual blight resulting from, and reducing safety hazards associated with the sixe of satellite antennas, the height at which satellite antennas are mounted, the location at which satellite antennas are placed, and the lack of screening normally placed around satellite antennas. The standards set forth in this article foster the City's safety and aesthetic interests without imposing unreasonable limitations on, or preventing the reception of, satellite-delivered radio and television signal, or imposing excessive costs on applicants seeking to install satellite antennas.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The following regulations shall apply to the establishment, installation, and operation of satellite antennas in all zones other than small diameter satellite antennas, which shall be regulated by Section 18.20.920:
A. 
A satellite antenna shall not be located on any property without the issuance of a building permit, except in the case of small diameter satellite antennas the Building Official may waive this requirement for a building permit with the finding that in so doing there would be no risk to the public's health, safety or welfare.
B. 
A satellite antenna shall be installed and maintained in compliance with the requirements of the City Building Code.
C. 
No advertising material shall be allowed on any satellite antenna.
D. 
All electrical wiring associated with any satellite antenna shall be buried underground or hidden in a manner acceptable to the Community Development Director.
E. 
No portion of a satellite antenna or supporting structure shall be located in a street side yard or shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to a building on the property upon which the satellite antenna is to be located.
F. 
A satellite antenna and supporting structures shall be located and designed to minimize the visual impact to surrounding properties and public streets. A satellite antenna and supporting structures shall not be painted white, silver, in bright color(s), or in color(s) with high contrast to the surrounding area, and shall be treated so as not to reflect glare from sunlight.
G. 
A satellite antenna must be adequately grounded for protection against a direct strike of lightning
H. 
A satellite antenna shall be screened by either six-foot walls or fences, or landscaping which conforms to the City's Landscape Design Manual and which can increase in height within two years of installation to obscure from visibility at least 75 percent of the satellite antenna and visible supporting structures. Walls and fences can be lower than six feet in height, and landscaping may obscure less than 75 percent if, prior to the issuance of the building permit, the applicant demonstrates to the satisfaction of the Community Development Director that the walls, fences, or landscaping will adequately obscure the satellite antenna from view from neighboring properties. The applicant may also demonstrate to the satisfaction of the Director that screening can be accomplished through other means such as covering the satellite antenna in a manner so as to obscure it from view.
I. 
No satellite antenna or its supporting structures shall be located in the area between the front property line and the façade of any building on the property.
J. 
No satellite antenna shall exceed the height limits of the zone in which the satellite antenna is to be located as measured from the highest point of the circumference or extension of the satellite antenna to grade level.
K. 
All roof-mounted satellite antennas are prohibited, except as provided for in Section 18.20.915.A.3. Small diameter satellite antennas may be roof-mounted as provided for in Section 18.20.920.
L. 
No satellite antenna shall be mounted on the top or side of any building. All satellite antennas shall be placed at ground level. Ground level shall mean that the bottom of the receiving antenna shall be no more than 12 inches off the ground. Small diameter satellite antennas may be affixed to the top or side of a structure as provided for in Section 18.20.920.
M. 
The Community Development Director may require a wind velocity test when the Director determines that the proposed location of the satellite antenna is susceptible to wind stress.
(Ord. 2004-884; Ord. 2019-1056 § 3)
In addition to the requirements set forth in Section 18.20.910, the following additional requirements apply to the zones referenced.
A. 
In commercial and industrial zones:
1. 
No portion of any satellite antenna or its supporting structures shall be permitted within five feet from any property line and 10 feet of any other structure.
2. 
All satellite antennas shall be screened from view from all arterial and collector streets and from all residential properties.
3. 
Roof-mounted satellite antennas may be permitted when placed on a flat portion of the roof behind parapets and/or architecturally matching screening panels.
4. 
A satellite antenna may be located within the street side yard if the antenna: (a) is not located within the required side yard setback; (b) the street side yard does not abut or directly face a residential zone or use; (c) the side yard is enclosed by a solid six-foot fence or wall; and (d) 100 percent of the satellite antenna and its supporting structure is obscured from visibility as viewed from the abutting public street at grade level.
5. 
The satellite antenna diameter shall not be more than 13 feet.
B. 
In residential zones, the satellite antenna diameter shall not be more than 10 feet.
(Ord. 2004-884; Ord. 2019-1056 § 3)
In all zones, notwithstanding any provision in this title to the contrary, small diameter satellite antennas as defined in Section 18.04.200 may be roof mounted or affixed to the top or side of a structure if the following criteria and performance standards are met:
A. 
If roof-mounted, the small diameter satellite antenna is mounted below the roof ridge or peak and the small diameter satellite antenna faces the rear or side yard.
B. 
If affixed to the top or side of a structure, the small diameter satellite antenna shall blend with the façade to which it is affixed.
C. 
The small diameter satellite antenna shall be colored to the greatest extent feasible to match the color of the surface to which the small diameter satellite antenna is affixed.
Except as set forth in this section, all provisions in this title applicable to satellite antennas shall apply to small diameter satellite antennas.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
Purpose. Pursuant to the procedures below, any person unable to satisfy the provisions of this chapter without substantially impairing or preventing satellite signal reception or without incurring excessive costs in light of the purchase and installation costs of the satellite antenna, may seek an administrative adjustment from the Zoning Administrator pursuant to this section, Section 18.38.070.F, and Article 4 of Chapter 18.36. The purpose of the administrative adjustment is to allow substantially uninhibited reception of unencoded satellite broadcast signals within the City while still protecting the public health, safety, and aesthetic interests which would be jeopardized by unrestricted placement of satellite antennas.
B. 
Administrative Adjustment Application. Any person requesting an administrative adjustment for the placement of a satellite antenna shall submit an application in accordance with the requirements of Article 4 of Chapter 18.36, and shall supplement the required application information with the following:
1. 
Detailed plans showing the proposed location of the satellite antenna in relation to the main buildings or structures on the property, the property setback lines, the property lines, and the adjoining properties' buildings or structures.
2. 
Written testimony from an expert in the field of satellite antennas explaining why compliance with the requirements of this article either substantially impairs or prohibits the reception of unencoded satellite broadcast signals, or why compliance with the requirements of this article imposes costs on the applicant which are excessive in light of the purchase and installation costs of the satellite antenna.
C. 
Hearing. Within 30 days of determining that the administrative adjustment permit application is complete, the Zoning Administrator shall hold an administrative hearing in accordance with Section 18.38.070.
D. 
Findings. The following findings shall be made to approve or conditionally approve an administrative adjustment:
1. 
The strict application of this article either:
a. 
Substantially inhibits or prevents the applicant's reception of unencoded satellite broadcast signals, or
b. 
Imposes costs on the applicant that are excessive in light of the purchase and installation costs of the satellite antenna;
2. 
The public's health, safety, and aesthetic interests are protected to the greatest extent possible given the limitations contained in 47 C.F.R. 25.104 which prohibit the City from preventing or substantially inhibiting satellite broadcast signals, or imposing excessive costs on antenna owners which are excessive in light of the purchase and installation costs of the satellite antenna.
The applicant shall have the burden of proof with respect to all of the findings set forth in this section.
E. 
Approval. The Zoning Administrator may approve, conditionally approve, or deny the administrative adjustment application in accordance with Section 18.38.080.A. To accommodate both satellite broadcast signal reception and the public's health, safety, and aesthetic interest, the Zoning Administrator, in approving or conditionally approving the administrative adjustment, shall apply the following adjustments until the applicant can receive substantially uninhibited broadcast signal reception, and/or any excessive costs placed on the applicant in light of the purchase and installation cost of the satellite antenna are reduced:
1. 
Modification of the screening requirement;
2. 
Modification of the ground mounting requirement;
3. 
Roof mounting;
4. 
Front yard placement; and
5. 
Other adjustments determined by the Community Development Director.
F. 
Appeal. Any decision of the Zoning Administrator may be appealed as set forth in Section 18.38.080.D.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A. 
General. Satellite antennas lawfully constructed and erected prior to the adoption of City Council Ordinance No. 92-720 as adopted in 1992, are nonconforming structures subject to the provision of Chapter 18.34. Any satellite antenna erected in violation of any prior law, ordinance, or regulation in effect at the time the satellite antenna was erected is a public nuisance subject to immediate abatement under the procedures set forth in Chapter 8.04.
B. 
Extension of Time for Abatement. The Community Development Director shall grant an extension of time for abatement of a nonconforming satellite antenna where the Director finds that an unreasonable hardship would otherwise be imposed on the property owner. The Director shall consider the following factors, among others presented by the property owner, in determining whether to grant an extension of time for abatement:
1. 
The amount of the owner's investment in the satellite antenna;
2. 
The feasibility and associated costs with bringing the satellite antenna into compliance with this article;
3. 
The detriment, if any, caused to the neighborhood by continuance of the nonconforming use; and
4. 
The amount of time needed to amortize the owner's investment in the satellite antenna.
C. 
Appeal. Any decision of the Community Development Director with respect to a nonconforming satellite antenna may be appealed to the Planning Commission in accordance with the time requirements and procedures set forth in Article 9 of Chapter 18.36.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Amateur radio antennas serving stations of noncommercial privately owned and Federally licensed or recognized amateur radio operators shall comply with the following standards and requirements:
A. 
Antennas permitted without a conditional use permit:
1. 
Antennas completely enclosed within a building.
2. 
A single antenna consisting of a wire one-fourth inch in diameter, such antenna may be located in setback areas provided the antenna does not extend above the top of the roof of the primary residence on the site.
3. 
A single vertical pole, lattice pole or whip antenna not exceeding 42 feet in height, measured from finished grade at the base of the antenna, and not located in any required side, rear or front yard, is permitted. Such antennas shall not be located in front of a residence or on the side of a residence facing a public or private street.
B. 
Antennas permitted with a conditional use permit. Outdoor amateur radio antennas other than those listed in subsection A above, may be permitted if a conditional use permit is approved and subject to evidence provided by the Federal Communication Commission (FCC) that the antenna height and/or location must exceed the provisions of subjection A in order to have adequate reception/transmission.
(Ord. 2004-884; Ord. 2019-1056 § 3)