Chapter 17.60
REGULATION OF ANTENNAS
Sections:
17.60.010 Findings.
17.60.020 Purpose.
17.60.030 Definitions.
17.60.040 Regulations—Generally.
17.60.050 Exemptions.
17.60.060 Prohibitions.
17.60.070 Process—Use permit or architectural review permit
required—Building permit
required.
17.60.080 Findings for approval.
17.60.090 Single-family and two-family residential districts.
17.60.100 Multiple-family and townhouse residence districts.
17.60.110 Commercial, public facility and residential mixed use districts.
17.60.120 Light industrial district.
17.60.010 Findings.
A. The city of Foster City is an attractive planned community with a history of high quality design. The city wishes to maintain an environment of the highest value and quality in which all citizens may take pride and enjoyment, consistent with the goals and objectives of the Foster City general plan.
B. The city recognizes the partial preemption of local governmental regulation of amateur radio antennas as contained in the Federal Communications Commission’s (FCC) order PRB-1, and the city desires to accommodate reasonably the use of such antennas by licensed amateurs.
C. The city recognizes the partial preemption of local governmental regulation of satellite receive-only antennas as contained in the Federal Communications Commission’s order (47 CFR Section 25.104) and the right of each resident to have access to programming received through satellite receive-only antennas. The FCC order preempts all local regulation, of satellite receive-only antennas unless such regulations; (1) have a reasonable and clearly defined health, safety or aesthetic objective; and (2) do not operate to impose unreasonable limitations on, or prevent reception of, satellite-delivered signals by receive-only antennas or to impose costs on the uses of such antennas that are excessive in light of the purchase and installation cost of the equipment.
D. The city recognizes the total preemption of local governmental regulation of radio frequency interference (RFI) by the Federal Communications Commission’s order PRB-1. The FCC exercises control over RFI by virtue of the authority granted to them and their experience and expertise.
E. The city finds that regulation of the size, location, height and screening of antennas is necessary for the preservation of the health, safety and welfare of the community. More stringent regulation of antennas is necessary in residential areas compared to nonresidential areas in order to preserve the appearance of the community.
F. A basic community objective, as contained in the city’s land use and circulation element, is to encourage desirable urban character and appearance. The city finds that regulation of the size, location, height and screening of antennas is necessary to accomplish this objective. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.020 Purpose.
The purposes of this chapter are:
A. To establish an application process and standards for installation of antennas while preserving the attractive appearance of the community; and
B. To promote the public health, safety and welfare; and
C. To accommodate reasonably the needs of licensed amateur radio operators; and
D. To protect the rights of the public to have access to programming received through satellite receive-only antennas. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.030 Definitions.
The definitions contained in Chapter 17.04, Definitions, shall apply to this chapter, and, as used in this chapter, the terms set forth below are defined to mean the following:
“Amateur (HAM) antenna” means an antenna operated by a person holding a written authorization from the Federal Communications Commission to be the control operator of an amateur station.
Antenna. The term “antenna” applies to any composition of wood, metal or wire or other materials that is constructed for the purpose of receiving or transmitting radio, television or any other type of electromagnetic signal. “Antenna” includes, but is not limited to satellite dishes, microwave antennas, vertical antennas and tower-type antennas.
“Antenna support structure” means any composition of wood, metal or wire or other materials that is constructed for the purpose of supporting a device intended to send or receive radio, television or any other type of electromagnetic signal.
“Area” means a measure of the size of the antenna(s) (excluding any associated antenna support structures or ancillary control devices) that includes the surface area of all parts that are exposed to the wind, expressed in square feet. The surface area exposed to the wind is equal to one-quarter of the total surface area. Ancillary control devices, which are not included in the calculation of areas, shall include rotors, control boxes, tuners, baluns, transformers, coax feed line, ribbon cable, rotators and similar devices.
Beam Antenna. (See Directional antenna.)
“Boom” means a support member to which antenna elements are attached. A boom is considered part of the antenna for purposes of measuring area.
“Dipole antenna” means an antenna consisting of two wires originating at a common feed point and extending to opposite directions. Typically, the length of each wire equals one quarter of the wavelength used.
“Directional (or beam) antenna” means an antenna that concentrates radio energy in one or more directions.
“Element” means the portion(s) of an antenna that send and receive electromagnetic signals or reflects or directs signals.
Ham (Amateur) Antenna. (See Amateur antenna.)
“Height” means the vertical distance between the highest point of the antenna or antenna support structure and the natural grade directly below this point, unless otherwise specified.
“Inverted ‘V’ antenna” means a type of dipole antenna, also called drooping dipole, that is supported by one supporting structure.
Mast. (See Tower.)
“Master satellite dish” means satellite receive-only antenna, the purpose of which is to receive communications or other signals directly from satellites in earth orbit or from other extraterrestrial sources, for use by more than one dwelling unit, or commercial tenant, such as the case of a residential condominium.
“Microwave antenna (microwave dish)” means an antenna used for transmitting and receiving electromagnetic radiation of frequencies higher than one gigahertz.
“Patio umbrella type satellite antenna dish” means a satellite antenna dish that is disguised as a patio umbrella by a cover and patio table and serves as both a satellite antenna dish and a patio umbrella.
“Quad antenna” means two or more loops of wire (which can be in the shape of a square, triangle, diamond or other shape) each supported by a nonconductive cross-arm assembly and mounted on a boom.
“Satellite receive-only antenna (satellite dish)” means a structure capable of receiving, for the sole benefit of the principal dwelling or tenant, radio or television signals directly from satellites in earth orbit or from other extraterrestrial sources.
“Screening” means materials intended to block or partially block views of an antenna.
“Tower” means the vertical member upon which is mounted one or more antennas.
“Turning radius” means the distance from the center of a circle to the outside edge of the circle formed by rotating a beam antenna three hundred sixty degrees.
“Vertical antenna” means an antenna consisting primarily of one vertical element designed to radiate and receive in all directions.
“Whip antenna” means a mobile vertical antenna.
“Yagi antenna” means an antenna consisting of several elements mounted on a boom that is attached to a mast. (Ord. 404 § 1, 1994; Ord. 395 § 2 Exh. A (part), 1992)
17.60.040 Regulations—Generally.
A. No radio, television or other antenna or support thereof shall be erected, installed, placed or maintained upon any lot or upon any building or structure except those devices that may be erected, installed, placed or maintained pursuant to this chapter.
B. The maximum allowable parameters contained in this chapter for height, size, location and screening may be reduced by condition of approval based on the specific circumstances of each application, provided the findings contained in Section 17.60.080 are made. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.050 Exemptions.
The following types of antennas are exempt from the requirements of this chapter:
A. Antennas that are installed, placed or maintained and used under the roof, or extend no more than one inch above the roof, or are behind and below an approved roof screen and do not protrude above the highest point of the building and are not visible from a public right-of-way or other private property, including upper floors of adjacent buildings;
B. Satellite dishes that are ground-mounted and less than forty-eight inches in height from grade to the topmost part of the support structure or antenna, whichever is higher and located in a side or rear yard behind a fence and at least twelve inches lower than the fence;
C. Antennas that are handheld;
D. Antennas mounted on vehicles which are consistent with the vehicle code, i.e., extend no more than thirteen feet six inches from grade and no more than two inches from the side of the vehicle;
E. Antenna installations intended for use by the city of Foster City/Estero municipal improvement district or other governmental agency;
F. A single vertical amateur radio antenna mounted directly on the ground or on a roof that complies with the following:
1. A height (measured from where the mast is attached to the ground or roof) of no more than six feet; and
2. Where such antenna is located on the rear half of the lot if ground-mounted, and on the back quarter of the roof if roof-mounted,
3. Where a resident of the property has a current amateur radio operator’s license issued by the Federal Communications Commission, and
4. Where the antenna is colored to minimize its reflectivity and blend with its surroundings as much as possible. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.060 Prohibitions.
The following types of antennas are prohibited:
A. In residential districts, residential buildings or residential sites, any type of exterior antenna other than an exempt antenna, an approved satellite dish or an approved amateur radio antenna;
B. Any antenna that extends across a property line, or, if it is a directional antenna, could extend when rotated across a property line;
C. Individual satellite dishes in R-3 (medium-density multiple-family residence), R-4 (high-density multiple-family residence) or RT (townhouse residence) districts or in residential buildings in C-2/PD (general business/planned development) districts or CM/PD (commercial mis/planned development) districts except for such dishes that are exempt;
D. Derrick-style antenna support structures. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.070 Process—Use permit or architectural review permit required—Building permit required.
A. Any installation of an antenna that is not otherwise exempt pursuant to Section 17.60.050 or prohibited pursuant to Section 17.60.060 shall require a use permit approved by the planning commission, except satellite dishes on nonwaterfront properties in R-1 (single-family residence) and R-2 (two-family residence) districts shall require an architectural review application approved by the community development director.
B. Procedures for processing applications for use permits or architectural review shall be as set forth in Chapter 17.06 with the following additions:
1. For a use permit application for a ham antenna, the public notice shall include:
a. The name, address and call letters of the amateur public radio operator;
b. A representative list of electronic devices which could receive interference from ham radio operation; e.g., home radio, stereo, televisions, heart pacemakers, infant alarm systems, cordless telephones;
c. Address and telephone number of the nearest Federal Communications Commission office, which will receive and investigate reports of interference by ham radio operation.
C. Installation of any exterior antenna shall require a building permit except for exempt antennas. The chief building official shall determine that the building permit is in compliance with all applicable sections of the Uniform Building Code an any local regulations prior to issuance of the building permit.
D. The city may, at the discretion of the community development director, retain the services of a consultant to assist in the evaluation of an antenna proposal with the cost of such services to be charged against the applicant’s fee deposit. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.080 Findings for approval.
A. Notwithstanding the findings required for approval of a use permit by Section 17.06.070, or, in addition to the findings required for approval of an architectural review application by Section 17.58.050, the approving body shall make the following findings:
a. That the antennas, including guy wires, antenna support structures and accessory equipment shall be located, sized and designed so as to minimize the amount of the antenna that is visible from surrounding properties, public streets and all public rights-of-way, recognizing that complete screening may not be possible;
b. That in the case of amateur (ham) radio antennas, the use permit would accommodate reasonably the amateur’s desire for communication, while at the same time requiring the minimum practicable regulation to accomplish the city’s legitimate purpose of protecting the public health, safety, welfare and aesthetics. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.090 Single-family and two-family residential districts.
A. In R-1 (single-family residence) and R-2 (two-family residence) districts no antennas shall be allowed except as specifically provided in this chapter. The antennas allowed include satellite dishes and amateur (ham) antennas allowed include satellite dishes and amateur (ham) antennas such as vertical antennas or antenna support structures with one or more antennas mounted on them.
B. The following types of antennas may be allowed subject to limitations contained below:
1. Amateur (ham) antennas upon approval of a use permit by the planning commission and subject to the following limitations:
a. Height.
i. Fixed, nonretractable, tubular style antennas and antenna support structures shall not exceed a maximum height of thirty-five feet from finished grade and shall be placed as close to the building as possible.
ii. Additional net height may be allowed, up to a maximum of sixty-six feet from finished grade, with the use of a telescoping tubular tower-type antenna support structure of a design that permits installation without guy wires. Tubular tower-type support structures and all rotors, masts and antennas on them, shall be retracted to thirty-five feet or lower during daylight hours and at all other times when not in use.
iii. The provisions of Section 17.52.010(C) notwithstanding, if a property line fence is used as the support structure for a wire antenna, upon issuance of all appropriate permits, the fence height may be increased to a maximum height of eight feet to screen the antenna. Fence height shall be measured from the side that has the highest finished grade level at the base of the fence.
b. Size. The maximum surface area for any one antenna shall be three square feet. The maximum total surface area for all antennas on one property shall be six square feet (excluding antennas exempt under Section 17.60.050 of this chapter).
c. Location. Such antennas shall be located in the rear yard or other locations that provide adequate screening as determined by the city, and no antennas shall be located in front yards and side yards with street frontage unless placed on the inside of, and below the top of, a fence. In no case shall any kind of antenna support structure extend closer than five feet to the side or rear yard property boundaries, except where the property line fence is used as the support structures and screening for an antenna pursuant to Section 17.60.090(B)(1)(a)(iii), above.
d. Screening. Ham radio antennas shall be screened to the extent practicable with vegetation, trellises or other means acceptable to the planning commission, even though the screening may somewhat diminish the effectiveness but provided that it does not significantly impair the operation of the antenna.
e. Insurance. The antenna owner shall provide proof of liability insurance in the event that the antenna falls and damages persons or property. Such insurance shall be maintained as long as the antenna is in place.
f. Inspection. Any use permit for a ham antenna shall include a condition that it shall be inspected annually to certify its safety and to verify that liability insurance is in effect. The city shall provide this inspection service.
2. Satellite dishes may be allowed on nonwaterfront properties upon approval of an architectural review application by the community development director and on waterfront properties upon approval of a use permit by the planning commission subject to the following limitations:
a. Height. The height from adjoining finished grade to the topmost part of a satellite antenna dish shall not exceed six feet and the height from adjoining finished grade to the topmost part of a patio umbrella type satellite antenna dish shall not exceed twelve feet. The maximum twelve-foot height shall include the height of a deck if the patio umbrella type satellite dish antenna is installed on a deck.
b. Size. Satellite dish antennas shall not exceed ten feet in diameter.
c. Location. All satellite dish antennas shall be ground-mounted and located behind that portion of the front wall of the main building that is farthest from the front property line. If the height of the satellite dish exceeds the height of the fence providing screening, the side yard setbacks of the district must be met, and a five-foot rear setback shall be maintained. If the satellite dish is the same height or lower than the height of the fence providing screening, no side or rear setback is required provided that a minimum thirty-inch clearance is maintained on one side of the satellite dish. Location in any yard adjacent to a street (such as front yards and side yards of corner lots) is prohibited unless the antenna is not visible from the street or any public right-of-way.
d. Screening. All exterior satellite dishes shall be partially or fully screened from public view and surrounding properties by one or more of the following methods designed and sized so that the antenna is effectively screened at the time of installation:
i. Fencing or walls constructed of materials compatible with the colors and materials used to construct the dwelling unit and existing fencing; and/or
ii. The satellite dish being lower in height than the property line fencing or walls; and/or
iii. Dense evergreen landscape materials. (Ord. 407 § 1, 1994; Ord. 404 § 2, 1994; Ord. 395 § 2 Exh. A (part), 1992)
17.60.100 Multiple-family and townhouse residence districts.
A. In R-3 (medium-density multiple-family residence), R-4 (high-density multiple-family residence), and RT (townhouse residence) districts, no antennas shall be allowed except as specifically provided in this chapter. Because of the smaller yards in these districts compared to R-1 and R-2 districts, a maximum of one nonexempt antenna support structure shall be allowed per property containing a single residential unit. The one antenna support structure allowed may be a vertical antenna or an antenna support structure with one or more antennas mounted on it. In common areas or on a property containing more than one residential unit, more than one antenna support structure may be allowed, subject to approval of a use permit.
B. The following types of antennas may be allowed subject to limitations contained below:
1. Ham radio antennas upon approval of a use permit by the planning commission and subject to the limitations contained in Section 17.60.090(B)(1);
2. Satellite dishes upon approval of a use permit by the planning commission except that individual satellite dishes are specifically prohibited. Only master satellite dishes for the shared use of all units in the subdivision or development are allowed in these districts.
a. Height. The height from adjoining finished grade (or elevation of roof where dish is mounted) to the topmost part of a dish antenna shall not exceed ten feet.
b. Size. Dish antennas shall not exceed twelve feet in diameter.
c. Location. All antennas shall be placed away from public view and to the degree possible, away from the views of on-site residents as well. For developments approved after the date of adoption of this chapter, satellite dishes should be located on preliminary plans and designed and housed as a part of the recreation facilities. Satellite dishes shall be ground-mounted except for dishes that can be screened by an approved rooftop screen or parapet and cannot be viewed from off-site, either from the ground or upper floors of adjacent off-site buildings.
d. Screening. All master satellite dishes shall be screened from off-site views to the satisfaction of the city and at least partially screened from on-site views to the satisfaction of the city by one or more of the following methods designed and sized so that the antenna is effectively screened at the time of installation:
i. Fencing or walls constructed of materials compatible with the colors and materials used to construct the dwelling unit and existing fencing, and/or
ii. The satellite dish being lower in height than the fencing or walls, and/or
iii. The satellite dish being placed within a mounded area, behind walls that are screened by dense evergreen landscape materials and with the satellite dish sunk within the mound, and/or
iv. Dense evergreen landscape materials. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.110 Commercial, public facility and residential mixed use districts.
A. In CO (commercial office), C-1 (neighborhood business), C-2 (general business), PF (public facility) and CM (commercial mix) districts, no antennas shall be allowed except as specifically provided in this chapter. Nonexempt antennas may be allowed in the number determined to be appropriate for the property based on compliance with this chapter.
B. The following types of antennas may be allowed subject to limitations contained below:
1. Ham radio antennas upon approval of a use permit by the planning commission and subject to the limitations contained in Section 17.60.090(B)(1);
2. Satellite dishes.
a. Residential Buildings. Satellite dishes are allowed upon approval of a use permit by the planning commission except that satellite dishes serving individual dwelling units are specifically prohibited. Only master satellite dishes for the shared use of all residential units in the subdivision or development are allowed in these districts subject to the limitations contained in Section 17.60.100(B)(2).
b. Nonresidential Buildings. Satellite dishes are allowed upon approval of a use permit by the planning commission subject to the limitations contained in Section 17.60.120(B)(2) (unless the dish is exempt pursuant to Section 17.60.050). The planning commission may determine, based on the characteristics of the site and the proximity of residential buildings or residential sites, that only ground-mounted satellite dishes are appropriate in a given case;
3. Other types of antennas such as microwave dishes and tower antennas may be allowed on nonresidential buildings subject to approval of a use permit by the planning commission (unless it is exempt pursuant to Section 17.60.050) subject to the following limitations:
a. Height. For roof mounted antennas, no antenna or antenna support structure shall extend more than ten feet above highest point of the roof or roof screen. For ground-mounted antennas, the maximum height above surrounding grade shall be thirty-two feet.
b. Size. The maximum size for microwave dishes shall be two feet in diameter and for other types of antennas shall not exceed eight square feet of wind surface area.
c. Location. Antennas shall be located on the roof or in side or rear yard areas to minimize views of them from off-site as much as possible and also from on-site where feasible.
d. Screening. Roof-mounted antennas shall be screened to the maximum extent feasible through the use of fencing, roof screens, landscaping and location to minimize views from off-site as much as possible and also from on-site where feasible. Ground-mounted antennas shall be completely screened from off-site at-grade views. (Ord. 395 § 2 Exh. A (part), 1992)
17.60.120 Light industrial district.
A. In the M-1 (light industrial) district no antennas shall be allowed except as specifically provided in this chapter. Nonexempt antennas may be allowed in the number determined to be appropriate for the property based on compliance with this chapter.
B. The following types of antennas may be allowed subject to limitations contained below:
1. Ham radio antennas upon approval of a use permit by the planning commission and subject to the limitations contained in Section 17.60.090(B)(1);
2. Satellite dishes are allowed upon approval of a use permit by the planning commission subject to the limitations:
a. Height. The height from adjoining finished grade (or elevation of roof where dish is mounted) to the topmost part of a dish antenna shall not exceed ten feet.
b. Size. Dish antennas shall not exceed twelve feet in diameter.
c. Location. All antennas shall be placed away from public view and to the degree possible, away from the views on-site as well. Satellite dishes shall be ground-mounted except for dishes that can be located behind and below an approved rooftop screen or parapet.
d. Screening.
i. Roof-mounted satellite dishes shall be entirely enclosed within a penthouse or other structure, placed behind a screening wall, or placed in a sunken well built into the roof. The rooftop equipment screening shall be designed as an integral part of the building and shall have the same color as the building facade. Such visual screening shall be designed so that the satellite dish and all support elements are concealed from view from public rights-of-way and at-grade views from adjacent properties.
ii. Ground-mounted satellite dishes shall be fully screened to the satisfaction of the city from public view and at-grade views from surrounding properties by one or more of the following methods designed and sized so that the antenna and fencing are effectively screened at the time of installation:
(A) Fencing or walls constructed of materials compatible with the colors and materials used to construct the dwelling unit and existing fencing, and/or
(B) The satellite dish lower in height than the fencing or walls, and/or
(C) The satellite dish placed within a mounded area, behind walls that are screened by dense evergreen landscape materials and with the satellite dish sunk within the mound, and/or
(D) Dense evergreen landscape materials;
3. Other types of antennas such as microwave antennas and tower antennas may be allowed subject to approval of a use permit by the planning commission subject to the following limitations:
a. Height. For roof-mounted antennas, the maximum height above the highest point of the roof shall be ten feet. For ground-mounted antennas, the maximum height shall be thirty-five feet.
b. Size. For roof-mounted antennas, the maximum size for microwave dishes shall be two feet in diameter and for other types of antennas shall be eight square feet of wind surface area. For ground-mounted antennas, the maximum size for microwave dishes shall be three feet in diameter and for other types of antennas eight square feet.
c. Location. Antennas shall be located on the roof or in side or rear yards areas to minimize views of them from off-site as much as possible and also from on-site where feasible.
d. Screening. All antennas shall be screened to the extent feasible from view from adjacent public rights-of-way, adjacent properties, and the upper floor adjacent buildings. (Ord. 395 § 2 Exh. A (part), 1992)