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HomeMy WebLinkAbout71.26 ORDINANCE NO. 71.26 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS 15-80.020 AND 15-80.080 OF THE Urr~C CODE PERTAINING TO RADIO AND TELEVISION ANTENNAS AND REPEALING ORDINANCES 3E-21 AND 3E-22 The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 15-80.020 in Article 15-80 of the City Code is amended to read as follows: nS15-80.020 Exceptions to height limitations Chimneys, flagpoles, spires and similar appurtenances may be erected to a height not more than fifteen feet above the height limit prescribed by the regulations for the district in which the site is located. Utility poles shah not be subject to the height limits prescribed in the district regulations." SECTION 2: Section 15-80.080 in Article 15-80 of the City code is amended to read as follows: "S15-80.080 Radio and television antennas (a) Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them in this Paragraph, unless the context or the provision clearly requires otherwise: (1) Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the reception or transmission of electromagnetic waves which system is attached to an antenna support structure or attached to the exterior of any building. The term includes devices having active elements extending in any direction, and direetional beam-type arrays having elements carried by and disposed from a generally horizontal boom which may be mounted upon arid rotated through a vertical mast, tower or other antenna support Structure. (2) Antenna support structure means any mast, tower, tripod or other structure utilized _for the purpose of supporting one or more antennas. (3) Licensed amateur radio station antenna means an antenna owned and utilized by a federally licensed amateur radio operator. (4) Satellite dish antenna 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. -1- (b) Limitation on number. Not more than one ground-mounted antenna support structure for a licensed amateur radio station antenna and not more than one satellite dish antenna shall be permitted on each site; provided, however, that upon the granting of a use permit pursuant to Article 15-55 of this Chapter, a second ground-mounted antenna support structure for a licensed amateur radio station antenna may be allowed where: (1) The site is one acre or greater in size; (2) The height of each antenna does not exceed fifty-five feet; and (3) The Planning Commission finds, in addition to the findings required under Section 15-55.070, that by reason of the size, topography, landscaping or other special characteristics of the site, the installation of two antenna support structures having a height below the limit prescribed in Subparagraph (e)(3) of this Section will mitigate the visual impact upon adjacent properties and public rights-of-way to a greater extent than the installation of a single antenna support structure. (e) Building permit required. A building permit shall be required for the installation or construction of any satellite dish antenna or any ground-mounted antenna support structure in excess of thirty feet in height. No such permit shall be issued unless the antenna and the support structure comply with the regulations set forth in this Section. Applications for a building permit shall be made upon such form prescribed by the City and shall be accompanied by the following items: (1) Type and description of the antenna and its support structure, including size, shape, height and color. (2) Plot plan showing the location of the antenna and its support structure on the site, including distance from structures, property lines, street lines, setback lines and exposed utility lines. (3) Construction drawings showing the proposed method of installation. (4) Manufaeturer's specifications for the antenna support structure and installation requirements, including footings, guy wires and braces. (5) Copy of FCC license, if the application is for a licensed amateur radio station antenna. (d) Location requirements. Except as otherwise specified herein, antenna support structures may be roof or ground-mounted, free standing or supported by guy wires, buildings or other structures. A support structure shall be considered ground-mounted if its base is mounted directly in the ground, even if the structure is supported or attached to the wall of a building. All antennas and support structures shall be located on a site in compliance with the following standards: (1) No antenna or support structure shall be located within any required yard, except that guy wires and antenna arrays may extend into a required side or rear yard but may not extend over property lines or street lines. (2) No antenna Support structure shall be located closer to any property line or street line than a distance equal to one-half of the height of the antenna support structure. (3) No satellite dish antenna shall be roof-mounted. (4) Ground-mounted antenna support structures shall be located to the rear of the main structure on the site, unless otherwise approved by the City based upon a finding that the alternative location will more effectively reduce the visual impact of the antenna and its support structure upon adjacent properties and public rights-of- way. (e) Height restrietionso Antenna height shall mean the overall vertical length of the antenna support structure and the antenna mounted thereon, including any length to which the antenna support structure is capable of being raised, as measured from the peak of the roof with respect to a roof-mounted antenna, or from the natural grade or finished grade, whichever is lower, with respect to a ground-mounted antenna. All antennas shall comply with the following height restrictions: (1) Roof-mounted antennas shall not exceed fifteen feet in height above the peak of the roof, except that a single vertical pole or whip antenna which is not supported by guy wires may be erected to a height of thirty feet above the peak of the roof. (2) Satellite dish antennas shall not exceed six feet in height plus one additional foot in height for each additional three feet of setback from the yard line or lines adjacent to the antenna, up to a maximum height of ten feet. (3) Ground-mounted antennas, other than satellite dish antennas, shall not exceed thirty feet in height, except that licensed amateur radio station antennas may be erected to a height of sixty-five feet. (f) I~StAllRtiOn requirements. Every antenna and its support structure shall be constructed, installed and maintained in accordance with the manufacturer's specifications and in compliance with the Uniform Building Code and National Electrical Code as adopted by the City, and in accordance with the following additional requirements: (1) The antenna support structure shall be of noncombustible and corrosive-resistant material. (2) Satellite dish antennas shall be self-supporting without guy wires. (3) Whenever it is necessary to install an antenna near exposed utility lines, or where any property damage would be caused by the falling of the antenna support structure, a separate guy wire must be attached to the antenna or the support structure and secured in a direction away from the hazard. Exposed antenna transmission lines and guy wires shall be kept at least six feet distant from any exposed utility lines. -3- (4) The antenna shall be adequately grounded for protection against a direct strike of lightning. (g) Mitigation of vis,,~l impact. Antennas and their support structures, including guy wires and accessory equipment, shall be located on the site and screened as much as possible by arehiteetual features, fences or landscaping to minimize the visual impact of the antenna and its support structure upon adjacent properties and public rights-of-way. The materials used in constructing the antenna and its support structure shall not be unnecessarily bright, shiny or reflective. Conditions may be imposed upon the issuance of a building or use permit to mitigate the anticipated visual impact of the proposed antenna installation. (h) Existing antennas. This Section shall not apply to any satellite dish antenna lawfully installed prior to November 1, 1985, or any licensed amateur radio station antenna lawfully installed prior to May 21, 1986. Such antennas shall be allowed to remain as originally installed and shall not be considered nonconforming structures, but any reloeation or increase in the size or height 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 lawfully installed prior to the applicable date specified herein. (i) Variances. The Planning Commission shall have authority to grant a variance from any of the regulations contained in this Section pursuant to Article 15-70 of this Chapter. In addition to the findings prescribed in Section 15-70.060, the Planning Commission shall also find that the variance is required by reason of physical obstructions which adversely affect proper reception or transmission by the antenna." SECTION 3: Paragraph (b)(8) of Section 15-95.030 in Article 15-95 of the City Code is amended to read as follows: "(8) Regulations concerning radio and television antennas, as set forth in Section 15-80.080." SECTION 4: This ordinance supersedes Ordinance 3E-21 adopted on May 21, 1986, entitled "An Urgency Ordinance of The City of Saratoga Imposing A Moratorium On The Installation Of Certain Radio Antennas Pending The Adoption Of New Regulations Pertaining Thereto," as extended by Ordinance 3E-22 adopted on July 2, 1986, and said Ordinances 3E-21 and 3E-22 are hereby repealed and declared to have no further force or effect. SECTION 5: 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. -4- SIgCTION 6: This ordinance shall 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 19th day of August, 1987, by the following vote: AYES: Councilmembers Anderson,--l!l_~ver;'and_Ma~or ,1~eterson NOES: Councilmember ~ C_levenger, l~oyles ABSENT: None ABSTAIN: None ~ MAYOR ATTEST: , (~K~ The above and foregoin,e is a true and correct CITY CLER copy o.~ Ordinance 'ZL,,~, _ which has been -5-