Consistent with the federal mandates, this chapter is designed to provide local regulation of communication antennas in order to protect the health, safety, and welfare of the people of the city by preventing significant visual impacts resulting from, and reducing safety hazards associated with, the size, height and location of such antenna devices. These standards are designed to foster the city's safety and aesthetic interest without imposing unreasonable limitations on communication antennas, or preventing the reception of transmitting signals, or imposing unreasonable costs on applicants seeking to install such communication antennas.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
A. 
This chapter and the regulations contained within shall not apply to communication antennas to the extent that such antennas are preempted from local authority by FCC regulations, or to "wireless communications facilities" regulated by Chapter 20.68 of this Code.
B. 
Any communication antenna weighing less than thirty (30) pounds, or under eight (8) feet in height may be installed without a permit, subject to the requirements of the City Building and Electrical Codes, providing the general provisions contained in § 20.64.030 of this chapter are met.
C. 
For communication antennas exceeding the above specified weight or height, a permit must first be obtained from the Development Services Director, or his or her designee, in accordance with the provisions of § 20.64.050 of this chapter. Once issued, such permit shall remain valid unless and until the subject antenna is removed from the permitted location, or otherwise is in violation of any provision of this zoning code.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
The following regulations shall apply to the establishment, installation, and operation of communication antennas in all zones:
A. 
A communication antenna shall be installed and maintained in compliance with the requirements of the City Building Code, City Electrical Code, etc.
B. 
No advertising material shall be allowed on any communication antenna or its supporting structure.
C. 
All communication antennas must be screened from public view to the greatest extent possible with landscaping, fencing, walls, parapets, architectural features, rooflines or screening materials that are architecturally compatible with the site in color and style. The provisions of this chapter as related to screening supersede conflicting provisions of this zoning code.
D. 
All ground mounted communication antennas must be secured from public access by appropriate fencing and/or wall. The enclosure must be architecturally compatible with the site in color and style, and must comply with all other provisions of this zoning code.
E. 
All electrical wiring associated with any communication antenna shall be buried underground or hidden from public view.
F. 
All communication antennas must be adequately grounded, for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the Uniform Electrical Code for grounding masts and lightning arresters.
G. 
Unless totally screened from public view, all satellite dishes and their supporting structures shall be earth-tone or black in color and shall be constructed of a “see-through” mesh or open grid design.
H. 
Nothing herein shall excuse any person from obtaining all permits otherwise required or from complying with any and all applicable local and state codes, laws and regulations pertaining to the installation of communication antennas and/or supporting structures.
I. 
All transmitting communication antenna applicants must obtain the necessary Federal Communications Commission (FCC) permits.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
A. 
Placement of communication antennas requiring a permit in residential zones.
1. 
All communication antennas requiring a permit may be mounted subject to preferred order of placement and all conditions hereinafter provided:
a. 
The preferred order of placement is:
(1) 
The rear yard area;
(2) 
The interior side yard area; and
(3) 
The street side yard area.
b. 
No portion of any communication antenna or its supporting structure shall be located in a required side yard or within five (5) feet of the rear property line.
c. 
For corner lots, communication antennas may not be placed in the required street side yard area.
d. 
No communication antenna, or its supporting structure, shall be installed in any location which would impede emergency access to any portion of the subject property.
e. 
No receive-only ground mounted communication antenna shall exceed ten (10) feet, six (6) inches in diameter.
f. 
No receive-only ground-mounted communication antenna shall exceed twelve (12) feet, six (6) inches in mounted height as measured from grade.
2. 
a. 
The standards set forth hereinabove may be modified upon a showing by the applicant that their strict application would operate to impose unreasonable limitations on, or prevent, reception of transmitting signals, or would impose costs on the applicant that are excessive in light of the purchase and installation cost of the communication antenna. Any such modification shall preserve such screening of the communication antenna as is compatible with usable antenna reception and transmission at a reasonable cost.
b. 
If no clear reception window can be found in the rear, side or street side yard areas, then the communication antenna may be mounted in the front yard or the roof, whichever is less visible from the public right-of-way.
(1) 
For communication antennas mounted in the front yard, screening shall be accomplished through the use of appropriate fencing, plants, trees or shrubs or other material compatible with the residence or other structures. A combination of trees and shrubs, shall be utilized for screening purposes. Each tree shall be, at minimum, a twenty-four (24) inch box-size specimen. All shrubs shall have a minimum container volume of five (5) gallons at the time of planting. All such screening shall be on three (3) sides and shall be sufficiently high so as to substantially screen the antenna from public view. All screening must meet the criteria established in this chapter to the satisfaction of the City Planner or his or her designee.
(2) 
If the communication antenna requires roof mounting, then the use of existing roof lines to screen the antenna is required. In addition, screening shall be accomplished with the use of materials compatible with the structure upon which such antenna is mounted. Such screening shall be on at least three (3) sides and shall be sufficiently high so as to substantially screen the antenna from public view. All screening must meet the criteria established in this chapter to the satisfaction of the City Planner or his or her designee.
(a) 
No roof mounted communication antenna shall exceed ten (10) feet in height above the roof line of the structure upon which the antenna is mounted.
(b) 
No roof mounted communication antenna shall exceed ten (10) feet, six (6) inches in diameter.
3. 
All transmitting communication antennas shall be prohibited in residential zones, except those operated by federally licensed amateur radio operators.
a. 
All types of transmitting communication antennas that are larger than permitted receive-only communication antennas (per above paragraphs A.1.e. and A.1.f. of this section) are prohibited on the roof and in the front yard. Transmitting communication antennas may be placed in the rear or side yards providing all applicable setbacks are maintained.
b. 
Screening requirements for transmitting communication antennas are the same as for receiving communication antennas as described herein except that fencing and/or a block wall shall be installed in such a manner as to prohibit entry by children or animals. The fencing and/or block wall shall be a minimum of six (6) feet in height, and shall be installed within ten (10) feet of the antenna and its supporting structure. The fencing and/or block wall shall encompass the entire perimeter of the antenna with a gate that shall be locked at all times. An existing fence or block wall may be used as a portion of the screening providing it meets the height and placement standards contained in this zoning code. The fencing or wall materials shall be architecturally compatible with the surrounding structures, and shall comply with all provisions of this zoning code.
4. 
No more than two communication antennas are permitted for each housing unit on any residential property.
B. 
Placement of communication antennas requiring a permit in all other zones.
1. 
All communication antennas requiring a permit may be mounted subject to a preferred order of placement and all conditions hereinafter provided:
a. 
The preferred order of placement for communication antennas shall be:
(1) 
The roof, if completely screened by existing building parapet walls or roof screen;
(2) 
The rear yard areas;
(3) 
The side yard areas; and
(4) 
The street side yard areas.
b. 
All communication antennas shall be screened from public view to the greatest extent possible.
c. 
No portion of any communication antenna or its supporting structure shall be located within five (5) feet of any property line.
d. 
A communication antenna may be located within the street side yard if:
(1) 
The antenna is not located within the required street side yard setback;
(2) 
The antenna is substantially screened from public view (all antennas must be substantially screened from visibility as viewed from the abutting public property at grade level);
(3) 
The street side yard does not abut or directly face a residential zone.
e. 
No communication antenna or its supporting structure shall be located in the area between the front property line and the facade of any building on the property.
f. 
No communication antenna shall be mounted on or directly attached to the side of any building face. Except for roof mounted antennas, all antennas shall be placed at ground level.
g. 
No communication antenna, or its supporting structure, shall be installed in any location which would impede emergency access to any portion of the subject property.
2. 
The standards set forth hereinabove may be modified upon a showing by the applicant that their strict application would impose an unreasonable limitation on, or prevent, reception of transmitting signals, or would impose costs on the applicant that are excessive in light of the purchase and installation cost of the communication antenna. Any such modification shall preserve such screening of the antenna as is compatible with usable antenna reception and transmission at reasonable cost.
a. 
In the event overall quality of reception in the above preferred order of placement is interfered with, or other circumstances preclude such installation, a permit may be obtained, in accordance with the provisions of this chapter, authorizing the communication antenna to be located in the front yard area or in other areas visible from the public right-of-way, subject to screening requirements as specified herein.
b. 
Screening shall be accomplished through the use of appropriate fencing, plants, trees, or shrubs or other material compatible with surrounding structures and landscape. A combination of trees and shrubs shall be utilized for screening purposes. Each tree shall be, at minimum, a twenty-four (24) inch box-size specimen. All shrubs shall have a minimum container volume of five (5) gallons at the time of planting. All such screening shall be on three (3) sides and shall be sufficiently high so as to substantially screen the communication antenna from public view. All screening must be to the satisfaction of the City Planner or his or her designee.
3. 
All transmitting communication antennas shall be screened in the same manner as receiving communication antennas as described herein. For ground mounted transmitting antennas, a fence or a block wall shall be installed in such a manner as to prohibit entry by persons other than those who are required to operate the antenna. The fencing and/or block wall shall be a minimum of six (6) feet in height, and shall be installed within ten (10) feet of the antenna and its supporting structure. The fencing and/or block wall shall encompass the entire perimeter of the dish and have a gate that shall be locked at all times. An existing fence or block wall may be used as a portion of the screening providing it meets the height and placement standards contained in this zoning code. The fencing or block wall materials shall be architecturally compatible with the surrounding structures, fencing and walls, and shall comply with all provisions of this zoning code.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
A. 
The applicant shall submit a completed “Uniform Application,” which form of application shall be provided by the Planning Division. In addition to the completed uniform application, the applicant shall also submit the following:
1. 
Three (3) sets of plans and specifications as follows:
a. 
An overall site plan showing the proposed location of the communication antenna, and any supporting structure proposed to be utilized. Buildings, property lines, public streets, driveways, parking areas, traffic aisles, and any other topographical features shall be shown;
b. 
If the proposed communication antenna is to be roof-mounted, then a roof plan which is fully dimensioned, and which indicates the location of the antenna and any existing roof-mounted equipment or structures shall be provided. Furthermore, elevations of the building with the proposed location and mounted height of the antenna shown “beyond” the roof parapet or wall, depending upon where the antenna is to be mounted, shall also be provided. Illustrative cross sections shall be provided for all dishes in non-residential zones;
c. 
If the proposed communication antenna is to be ground-mounted an enlarged site plan detail, which is fully dimensioned, indicating the mounted height of the antenna from grade, the location of the antenna in relationship to existing buildings, landscaping, parking areas, loading areas, property lines and any fences or walls shall be provided.
2. 
The applicant shall also provide a catalog sheet and specifications from the manufacturer of the proposed communication antenna which illustrates the proposed antenna, the model number, color, material and all dimensions.
B. 
If no clear reception window can be found in accordance with the preferred order of placement described in § 20.64.040, paragraphs A.1.a. and B.1.a., of this chapter, then the following additional information shall be required:
1. 
Specific reasons as to why the communication antenna proposed to be installed should not be mounted in accordance with the preferred order of placement, as herein prescribed.
2. 
Facts showing that circumstances preclude installation in a preferred area, or that reception quality in the preferred area or areas is insufficient.
C. 
The application shall be submitted together with the appropriate fee therefore, as set by resolution of the City Council, to cover the administrative costs of processing the application.
D. 
Adjacent property owners shall be notified of the request to install a communication antenna five (5) calendar days prior to a decision approving, denying or conditionally approving the communication antenna application.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
A. 
The Development Services Director shall provide the applicant with a written decision approving, denying or conditionally approving a proposed communication antenna permit within fifteen (15) working days following submission of a complete application pursuant to this chapter. The Director's decision shall contain findings for his or her decision as necessary. The Director shall maintain a copy of the decision on file in the Development Services Department.
B. 
The Director's written decision shall be final and shall become effective within ten (10) days following the date of said decision. Unless, however, that if within such ten (10) day period an aggrieved party files an appeal, pursuant to Chapter 20.424 of this title, as amended.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)