Sec. 3.1701 Purpose
(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.
Sec. 3.1702 through 3.1710 Reserved
Division 2. Antennas, Masts and Towers
Sec. 3.1711 Definitions
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.
Sec. 3.1712 Specifications for Radio Equipment
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 65 feet.
(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 70 feet.
(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.
Sec. 3.1713 Setbacks
(a) Fronted. Antennas, masts, and towers shall not be permitted in front or side yards. Guy wires are not permitted in front yards.
(b) Side and Rear Yard. 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.
Sec. 3.1714 Lights
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 Authority or the Federal Communications Commission. The use of white flashing strobe lights is prohibited.
(Ordinance 0304 adopted 7/8/03)
Sec. 3.1715 Construction Standards and Permits Required
(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 manufacturerβs 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.
(1) Antennas with height of 5 feet or less do not require a building permit.
(b) 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.
(c) 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 0504 adopted 5/10/05)
Sec. 3.1716 Maintenance
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.
Sec. 3.1717 Special Exceptions
A special exception may be granted by the planning and zoning committee for any tower or antenna which does not or cannot comply with this article specified hereinabove. The planning and zoning committee may grant a special exception to the maximum height allowed. In considering whether to grant a special exception from this article, the planning and zoning committee 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.
Sec. 3.1718 Effective Date
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 construction began on or after May 1, 1993, shall conform to the requirements of this article.
Sec. 3.1719-3.1720 Reserved
Division 3. Satellite Receive-Only Antennas
Sec. 3.1721 Purpose
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.
Sec. 3.1722 Specifications for Satellite Receive-Only Antennas
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 35 feet.
See. 3.1723 Setbacks
(a) Satellite receive-only antennas shall be located not less than 80 feet from the front property line, nor less than six feet 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.
Sec. 3.1724 Lights
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 Authority or the Federal Communications Commission. The use of white flashing strobe lights is prohibited.
(Ordinance 0304 adopted 7/8/03)
Sec. 3.1725 Construction Standards and Permits Required
(a) 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 manufacturerβs recommendations or under the seal of a registered professional engineer of the state.
(1) Satellite receive-only antennas with a diameter of 24 inches 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 0504 adopted 5/10/05)
Sec. 3.1726 Maintenance
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 30 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.
Sec. 3.1727 Special Exceptions
A special exception may be granted by the planning and zoning committee 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 planning and zoning committee 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.
Sec. 3.1728 Effective Date
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 30 days of receipt of notice from the building official. All satellite receive-only antennas upon construction began on or after May 1, 1993, shall conform to the requirements of this article.
Sec. 3.1729 Penalties
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 of Oak Leaf Code of Ordinances, Chapter 1, Article 1.100, Section 1.106, and each and every day’s violation shall constitute a separate offense.
(Ordinance 0304 adopted 7/8/03)
