Sec. 48-560. - Personal satellite and radio antenna structures.

Satellite television antennas, conventional television antennas, dish antenna and supporting structures and amateur radio antennas (minor structure) for personal use may be erected at ground level, or by attachment to the side or rear wall of a building, or by rooftop installation in any district; provided, that:

(1)

Location. No satellite television antenna, conventional television antenna, dish antenna and supporting structure, or amateur radio antenna shall be permitted in any front yard but may be located in the rear yard if set back from any side or rear property line by a distance not less than the required side yard for the district in which it is located or five feet, whichever is greater; provided, however, that an amateur radio antenna may extend over the front yard if its center or attachment to its transmission line is located in a side yard or rear yard location. Rooftop installation of such equipment or its anchorage to a side of a building other than the front of the building shall be permitted, so long as anchorage of the same complies with the requirements of the building code relative to structures.

(2)

Dimensions. Such equipment shall not be erected to a height of more than 15 feet above the ground at the point of anchorage if ground-mounted nor more than 15 feet above the applicable building height limitation if roof-mounted or otherwise anchored to a building.

(3)

Screening and landscaping.

a.

Any ground-mounted satellite television antenna shall be screened by landscaping so as to obscure its visibility from the abutting properties' ground view and so as to prevent visibility from the street at a point five feet above grade level, except that no landscaping shall be required within the area in front of or to the rear of the antenna that would create reception interference or prevent a shift in the position of the antenna. In such instances, the required landscaping shall be placed so as to achieve the screening purposes of this subsection, but outside of the area within which the screening would create reception interference or prevent a shift in the position of the antenna.

Any ground-mounted amateur radio antenna and support structure, or any such antenna anchored to the side or rear of a building shall be enclosed by a fence secured by a locked gate, or be enclosed by other device, such as a manufacturer's anticlimb section, effectively inhibiting climbing or mounting, which fence or other device shall be of the maximum height permitted in the zoning district, for the purpose of preventing easy access thereto by children or by vandals.

b.

All rooftop antennas shall be located on the half of the roof toward the rear of the building and as close as possible to the center of the roof as measured from front to rear, unless it is necessary to deviate from the foregoing in order to achieve greater strength and safety of such antenna.

(4)

Number allowed. More than one satellite television antenna, more than one conventional television antenna, more than one dish antenna, and more than one amateur radio antenna may be allowed per single-family home, duplex, or multifamily building and multifamily apartment buildings of four stories or more, and commercial or industrial buildings may be allowed up to three satellite television antennas, up to three conventional television antennas, up to three dish antenna, and up to three amateur radio antennas; provided that in all instances the safety requirements of this code and the building code are met.

(5)

Anchorage. All satellite television antennas, conventional television antennas, dish antenna and amateur radio antennas shall be anchored securely to the ground or to a building's side or roof, or supported in conformance with the requirements of the building code relative to structures and in accordance with manufacturer's specifications.

(6)

Maintenance. Once installed, all antennas, antenna support structures and related appurtenances, if any, shall be maintained in good and operable condition. Surrounding screening and landscaping or fencing shall also be maintained in good condition.

(7)

Previously installed antennas. Any antenna which would otherwise be subject to the provisions of this section, but which was installed prior to January 6, 1986, may continue as a nonconforming use, provided that it is maintained in good and operable condition and further provided that any such antenna shall comply with the anchorage requirements of subsection (5) of this section.

(8)

Exceptions. Subsections (1) through (6) of this section do not apply in zoning districts C-2 and C-3 through C-6, except as to dish antenna and supporting structures in C-6 zoning districts and subject to section 48-198 as to the same.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)

Sec. 48-561. - Amateur radio antenna and support structure.

If approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, an amateur radio antenna and its antenna support structure, which together exceed 15 feet in height may be erected in residential and commercial districts, as an accessory use and accessory structure; provided, that all of the following conditions are met:

(1)

No such antenna shall be located in a front yard, but may be located only in a side yard or rear yard location, as shall be illustrated on a location plan for the antenna and its antenna support structure to be submitted to the board; provided, however, that for good cause shown, such antenna may extend over the front yard if its center or attachment to its transmission line is located in a side yard or rear yard location, as illustrated on such location plan.

(2)

The installation of the antenna and its antenna support structure shall be done only upon issuance of a building permit for the same following review by the department of licenses and inspection of detailed technical plans, to be submitted to the department by the applicant, concerning the design, strength, and method of installation of the antenna and support structure.

(3)

Any such installation shall meet or exceed the manufacturer's specifications for such antenna, its antenna support structure, footings and braces.

(4)

There shall be adherence to the side yard and rear yard requirements of the district in which the proposed antenna is to be located. No such antenna or antenna support structure, nor any part of the same, shall encroach on adjacent property or any part of the air space above such property, unless the current owner of such property shall have given his written consent to such encroachment.

(5)

If the proposed antenna is to be ground-mounted or anchored to the side or rear of a building, it shall be enclosed within a fence secured by a locked gate, or be enclosed by other device, such as a manufacturer's anticlimb section, effectively inhibiting climbing or mounting, which fence or other device shall be of the maximum height permitted in the zoning district, for the purpose of preventing easy access thereto by children or by vandals.

(6)

If the proposed antenna together with its antenna support structure will exceed 50 feet in height, the lot size dimensions of the proposed location shall be not less than two-thirds of the total proposed height in each direction from the base of the structure at ground-level.

(7)

Once installed, any such antenna and antenna support structure shall be maintained in good and operable condition so as to protect the safety of the public at all times.

(Ord. No. 10-041(sub 1), § 21, 10-7-10)