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HomeMy WebLinkAbout66-85 BEFORE THA JITY COUNCIL OF THE CITY 05 DANVILLE In the Matter of: ) ) Adding Chapter 20 to Title 8 ) ORDINANCE NO. 66-85 of the Municipal Code to ) Regulate Satellite Antennas ) and Microwave Equipment ) ) THE CITY COUNCIL OF THE CITY OF DANVILLE DOES ORDAIN as follows: SECTION 1. A new chapter 20, Satellite Antennas and Microwave Equipment, comprised of Sections 8-2001 through 8-2008 is added to Title 8 of the Danville Municipal Code to read: "CHAPTER 20 SATELLITE ANTENNAS AND MICROWAVE EQUIPMENT Section 8-2001 General Section 8-2002 Findings and Declaration Section 8-2003 Definitions Section 8-2004 Satellite Antennas Section 8-2005 Microwave Receiving Antennas Section 8-2006 Microwave Transmitting and Relay Equipment -. Section 8-2007 Granting of Land Use or Variance Permits Section 8-2008 Non-exclusive Regulations Section 8-2001. General. This chapter regulates the installation of satellite antennas and microwave equipment in all zoning districts within the City. Section 8-2002. Findings and Declaration. The Council finds that the installation of satellite and microwave antennas and equipment can, unless controlled, affect the aesthetic and safety values of agricultural, residential, commercial and industrial areas. Therefore, the installation of these antennas and equipment is regulated to result in locations which are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts. Section 8-2003. De~nitions In this chapter: 1) Satellite Antenna is a device designed to receive signals -' transmitted from orbitting satellites. 2) Microwave Receiving Antenna is a device designed to receive signals transmitted from ground-mounted transmitters. Section 8-2004. Satellite Antennas. A satellite antenna installed in any zoning district shall comply with the following general criteria: 1) A setback equal to the height of the antenna or the setback which applies to the principal structure whichever is greater, is required between the property line and any part of the antenna. In addition, installation is prohibited between any street and principal building on the site, except as provided in Section 8-2004 (2) below. 2) In any case where a lot backs up to a public right-of-way or private street, a setback of fifteen (15) feet is required between the public right-of-way or the curb of a private street and any portion of the satellite antenna. 3) The maximum height of the antenna shall be twelve (12) feet measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it. 4) All wires and/or cables necessary for the operation of the antenna or reception of the signal shall be placed underground except those wires or cables attached flush with the surface of a building. 5) An antenna may not be installed with the use of guy wires. 6) An antenna may not have a highly reflective surface or color. In addition, colors shall be subdued. 7) No more than one antenna is allowed on a parcel. 8) Landscaping or solid screening shall be installed around an antenna to screen it from adjacent public streets, public areas of the development or adjacent properties. No such screening is required when the antenna is located such that it is not visible from adjacent public streets, public areas of the development or adjacent properties. 9) Additional landscape screening shall be installed around an antenna located in a hillside area where visibility from surrounding areas is greater. l_ 10)A satellite antenna may not be installed on the roof of a structure. 11) An antenna shall be maintained in an operational state with no structural defects or visible damage. 12) The design and location of a satellite antenna must be approved by the Chief of Planning. The Chief of Planning shall establish application procedures and may require such plans and supplemental information as may be needed to properly review the application. Section 8-2005. Microwave Receiving Antennas. Microwave receiving antenna installation shall comply with the following criteria: 1) A microwave receiving antenna installed in a residential zoning district or residential area of a planned unit district shall comply with the following: A) The antenna may not exceed eighteen (18) inches in diameter and shall be mounted on a building or roof. B) If installed on a roof, the highest point of the antenna may not extend higher than the diameter of the antenna above the roof surface directly under the antenna. C)The design and location of the antenna are subject to approval by the Chief of Planning. 2) A microwave receiving antenna installed in any non-residential zoning district or non-residential portion of a planned unit district shall comply with the following: A) Installation is prohibited in any required front or street sideyard setback area. B) All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building. C)An antenna may not be installed with the use of guy wires. D) The antenna shall be placed on the site so as not to interfere with on-site pedestrian or vehicular circulation. E) Landscaping or solid screening shall be installed around the base of any tower so as to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular ~' circulation. F)The design and location of the antenna are subject to approval by the Planning Commission. 3) An antenna shall be maintained in an operational state with no structural defects or visible change to the antenna or its structure. Section 8-2006. Microwave Transmittinq and Relay EauiDment. Microwave transmitting and relay equipment may be installed in any zoning district except residential districts or residential areas of planned unit districts subject to obtaining a land use permit, and subject to all requirements of Section 8-2005 (2). Section 8-2007. Granting of Land Use or Variance Permits. A land use permit for microwave transmitting and relay equipment (Section 8-2006) or a variance permit to modify the provisions in Sections 8-2004 through 8-2006 may be granted in accordance with the procedure in Chapters 82-6 and 26-2, respectively. Section 8-2008. Non-exclusive Regulation. This chapter supplements and is in addition to other regulatory codes, statutes and ordinance. SECTION 2. Effective Date. This ordinance becomes effective 30 days after its adoption. SECTION 3. Publication. The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of this ordinance published once in a newspaper of general circulation, once 5 days before its adoption and again within 15 days after adoption. THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL OF THE CITY OF DANVILLE held on July 1, 1985and was adopted and ordered published at a meeting of the City Council held on ~uly 15 , 1985 by the following vote: AYES: Lane, May, McNeely, Schlendorf NOES: None ABSENT: Offenhart z //~/~~ ABSTAIN: