Chapter 14.08
SATELLITE RECEIVING ANTENNA
Sections:
14.08.010 Definition.
14.08.020 Permit – Application and fee.
14.08.030 General requirements.
14.08.040 Residential zones.
14.08.060 Nonresidential zones.
14.08.070 Existing antennas – Grandfathered.
14.08.080 Small satellite antennas.
14.08.090 Penalty for violation.
14.08.100 Severability clause.
14.08.010 Definition.
“Satellite receiving antenna” is any parabolic or spherical antenna which receives television or other signals from orbiting satellites or other devices. The height of a ground-mounted antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure. The height of a roof-mounted antenna where permitted shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade of the roof adjacent to the structure. A satellite antenna shall be considered as an accessory structure when it is not part of a public utility. (Ord. 970 § 1, 1996).
14.08.020 Permit – Application and fee.
(1) Permit Required. No person, firm or corporation shall erect a satellite receiving antenna in the city without first obtaining a permit, and no installation or erection shall commence before such permit is issued in accordance with the provisions of this chapter.
(2) Application for Permit and Plans. Any person who desires to construct or erect a satellite shall apply to the building official for the permit described above. A part owner, occupant or renter shall have the written permission of the owner of the lot, premises or parcel of land within the city on which such construction or erected satellite receiving antenna is proposed.
(a) The building official shall issue such permit provided the applicant submits a written application upon forms provided by the city of Stanwood along with a plot plan of the property, or parcel of land showing the exact location of the proposed satellite receiving antenna and all other buildings on the subject property; a description of the kind of satellite receiving antenna proposed; plans showing specifications and elevations of the proposed satellite receiving antenna; and sufficient details to show the method of assembly and construction.
(b) The application shall indicate the owner or owners of the subject property, the occupant of the subject premises and the contractor or other person who shall be permitted to construct or erect the proposed satellite earth station.
(3) Permit Fee. The fee required for a satellite receiving antenna permit as listed in SMC 3.30.075. (Ord. 970 § 1, 1996).
14.08.030 General requirements.
(1) All satellite receiving antennas shall comply with FCC regulations.
(2) The construction and installation of a satellite receiving antenna shall conform to applicable building code and electrical code regulations and requirements.
(3) Electromagnetic Interference. Each satellite receiving antenna shall be filtered and/or shielded so as to prevent the emission of radio frequency energy that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to the granting of a building permit, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with all applicable regulations.
(4) Each satellite receiving antenna shall serve only the building located upon the lot on which said satellite receiving antenna is constructed pursuant to this chapter.
(5) Satellite receiving antennas shall be constructed of noncombustible and corrosive-resistant material.
(6) Satellite receiving antennas shall be constructed and erected in a secure and a wind-resistant manner. The antenna shall be wind-resistant and comply with all requirements of the adopted Uniform Building Code.
(7) The satellite receiving antenna must be adequately grounded for protection against lightning. (Ord. 970 § 1, 1996).
14.08.040 Residential zones.
A satellite receiving antenna may be located in any residential zone; provided, that the same:
(1) Shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height;
(2) Shall be compatible with the appearance and character of the neighborhood;
(3) Shall be limited to one per lot;
(4) Shall not exceed 10 feet in diameter;
(5) Shall not be roof-mounted;
(6) Shall be located only in a rear yard a minimum of 20 feet from any lot line. (Ord. 970 § 1, 1996).
14.08.060 Nonresidential zones.
A satellite receiving antenna may be located in any nonresidential zone district; provided that it:
(1) Shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height;
(2) Shall be compatible with the appearance of the neighborhood;
(3) Shall be limited to one per lot or per building, whichever is less;
(4) Shall not exceed 12 feet in diameter;
(5) If roof-mounted, shall be to a maximum height of 35 feet above the grade at the building wall and shall have a certification from a structural engineer regarding the location stating that the structure is capable of handling the antenna and that said antenna does not provide any additional stress which the structure cannot bear;
(6) If not located directly on the ground, shall not be constructed any closer to the ground than 10 feet and shall not be visible between ground level and 10 feet above ground level from any street adjoining the lot.
(7) Ground-Mounted – Not To Be Located Between a Building and a Front Lot Line. The full impact of satellite receiving antennas shall be reduced by screening. If the subject lot adjoins a residential district, all antennas shall be placed a minimum of 20 feet from any lot line and effectively screened by a fence, wall, or dense screening hedge to a maximum height of six feet. Said fence, wall or hedge shall be located on or near the lot line bounding the residential district and shall otherwise comply with the applicable zoning requirements governing its location. (Ord. 970 § 1, 1996).
14.08.070 Existing antennas – Grandfathered.
Satellite antennas legally in existence at the time of the passage of the ordinance codified in this chapter shall be considered “grandfathered”. (Ord. 970 § 1, 1996).
14.08.080 Small satellite antennas.
Requirements of this chapter shall not apply to antennas with a diameter of three feet or less. (Ord. 970 § 1, 1996).
14.08.090 Penalty for violation.
Any person, firm or corporation violating any of the terms and provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall receive fine of $1,000 and/or 90 days in jail. Each day such violation exists shall be deemed a separate offense and shall be punishable as such hereunder. (Ord. 970 § 1, 1996).
14.08.100 Severability clause.
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional by the judgment of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter, since the same would have been enacted by the city council without the incorporation in this chapter of any such unconstitutional phrase, clause, sentence, paragraph or section. (Ord. 970 § 1, 1996).