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HomeMy WebLinkAboutNS 3.73 ORDINANCE NO. NS3.73 AN ORDINANCE OF THE CrrY OF SARATOGA AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, TO REGULATE THE PLACEMENT OF SATELLITE DISH ANTENNAS WHEREAS, the City Council of the City of Saratoga finds that there is increased usage of dish-shaped satellite antennas throughout the City and that the improvement and expansion of satellite communication technology will generate increasing demand for such antennas which, unless their placement and appearance is reasonably regulated, will have a negative effect upon the appearance and safety of the community; and WHEREAS, reasonable regulation' of the placement and appearance of satellite dish antennas, in a manner recognizing the utility and benefits of such devices, will serve to advance the aesthetic and safety objectives of the zoning ordinance and the Saratoga General Plan by, among other things, avoiding unsightly conditions, unsafe placement of large antennas where they would pose a threat of personal injury or property damage in the event of collapse, and preserving the scenic beauty of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION h Ordinance NS-3, the Zoning Ordinance, is amended by adding a new Section 14.13, to read as follows: "See. 14.13 Regulation of satellite dish antennas (a) DefiniHon. The term "satellite dish antenna," as used in this Section, means any dish-shaped antenna designed to receive and/or send satellite signals for the purpose of television or radio reception, or other telemetry communication, having a diameter greater than three feet and which is external to or attached to the exterior of any building or structure. (b) Building permit required. A building permit shall be required for the erection or installation of any satellite dish antenna and no such permit shall be issued unless th.e satellite dish antenna complies with the regulations set forth in this Section. (c) Instwil.tion. Every satellite dish antenna shall be installed and maintained in compliance with the requirements of the Uniform Building and Electrical Codes, as adopted by the City, and the following additional requirements: (1) The antenna shall be self-supporting without guy wires. -1- (2) The exposed antenna transmission lines shall be kept · at least two feet distant from any utility line. (3) The antenna shall be adequately grounded for protection against a direct strike of lightning. (d) Location. No satellite dish antenna may be located within any required front yard, or within any area between a street and the main structure on the site, or upon the roof of any structure, without prior approval by the Director of Community Development pursuant to Paragraph (g) of this Section. (e) Height. No satellite dish antenna shall exceed six feet in height, plus one additional foot in height for each additional foot of setback from the property line or lines adjacent to the antenna, up to a maximum height of ten feet, unless otherwise approved by the Director of Community Development pursuant to Paragraph (g) of this Section. (f) Sareening. Satellite dish antennas shah be screened by walls, fences or landscaping to obscure visibility from adjacent properties and public rights-of-way. (g) Procedure for certain applications requiring approval by Director of Community Development. The following provisions shah be applied with respect to those applications requiring approval by the Director of Community Development described in Paragraphs (d) and (e) of this Section: (1) The application shall be accompanied by a list of the names and addresses of all persons owning property immediately adjacent to the site on which the proposed satellite dish antenna will be located, as shown by the latest available assessment roll of the County or as otherwise known to the applicant. (2) The Director of Community Development shah mail a written notice of the application to each of the adjacent property owners shown on the list furnished by the applicant, containing a general description of the satellite dish antenna, including its size, height and proposed location on the applicant's site. The notice shah further advise the adjacent property owners that a written protest or request for administrative hearing, or both, may be filed with the Director of Community Development within ten days from the date of the notice. (3) If any written protests are filed by adjacent property owners within the time prescribed in the notice but no request for hearing is made, the Director of Community Development shah consider such protests in determining whether to approve, conditionally approve or deny the application and -2- shall render his decision thereon without conducting an administrative hearing. (4) If a request for an administrative hearing is received within the time prescribed in the notice, the Director of Community Development shall fix a time and place for the conduct of such hearing and shall give written notice thereof to the applicant and the person or persons requesting the hearing. Upon the conclusion of the hearing, the Director shah either approve, conditionally approve or deny the application and shall furnish a copy of his decision to the applicant and the person or persons who requested the hearing. The decision by the Director of Community Development may . be appealed to the Planning Commission by the applicant or any person who requested the hearing, in accordance with Section 24.1 of this Ordinance. (h) Exi.~ting antennas. This Section shall not apply to any satellite dish antenna installed prior to November 1, 1985. Such antennas shall be allowed to remain as originally insto/led and shah not be considered nonconforming structures, but any relocation or increase in the size thereof shall be subject to the provisions of this Section. Any person claiming an exemption shall have the burden of proving that the antenna was installed prior to the date specified herein. SECTION2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 3: This Ordinance shah be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 18th day of December, 1985, by the following vote: AYES: Councils Calton-;,.Fah~li, Hlava, Moyles and Mayor Clevenger NOES: None MAYOR ~ ATTEST:~_c,~,L~ C, ~, The above and foregoing is 8 true and correct CITY CLERK copy of 0rdiDance ~us% 73 which has been '-3- pu~ac~di~G to law. ~. [(ff Deputy City Cierk~ ~ Date