17.42.090 Satellite dish and local television broadcast antennas

17.42.090 Satellite dish and local television broadcast antennas.

Legislative Finding and Determination. The city council of the city of Marina does find, determine and declare as follows: that the use of satellite dish antennas is increasing throughout the city due to technological advances of such equipment; that although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city; that at the present time the size, location and appearance of such equipment is not adequately addressed in the zoning regulations in effect in the city; that in the absence of regulation, the placement of unattractive equipment in residential and commercial locations would interfere with the use, possession and enjoyment of adjacent property; and that the public peace, health, safety and general welfare require enactment of this ordinance to regulate the use of satellite dish antennas rather than prohibit them.

A. Definitions. “Large satellite dish antenna” means any antenna or parabolic reflector established to receive transmissions directly from satellites, with minimum diameter in excess of one meter (39.37 inches), and which is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

“Local television broadcast antennas” means antennas which are designed to receive local television broadcast signals.

“Small satellite dish antenna” means any antennas which are one meter or less in diameter or diagonal measurement and are designed to receive video programming services via MMDS (multipoint microwave distribution system, multi-channel multi-point distribution system, or wireless cable), or to receive or transmit fixed wireless signals other than via satellite as well as to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. Neither large nor small satellite dish antennas include antennas established for the purpose of receiving transmissions from ground transmitters.

B. Satellite Dish Antenna Requirements—Residential Districts. In residential districts:

1. The site and architectural design review board shall be the primary reviewing body of applications to install satellite dish antennas. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval.

2. Prior to installation of a satellite dish antenna, all appropriate permits shall be obtained from the building division.

3. Satellite dish antennas shall be considered accessory structures, and unless otherwise stated, shall comply with the height, setback and lot coverage requirements for buildings in the zone in which they are to be located.

4. All satellite dish antennas shall be located on the back half of the lot as ground-mounted units only.

1. A use permit or coastal development permit in the Coastal Zone approved by the planning commission shall be required for all satellite dish antennas.

2. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building division.

3. Antennas may be ground-mounted, roof-mounted or aboveground pole-mounted.

4. Roof-mounted and aboveground pole-mounted antennas shall not exceed the height of structures allowed in the district in which they are to be located.

5. Roof-mounted antennas shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.

6. No commercial advertising of any kind shall be allowed on large satellite dish antennas.

1. The planning commission and/or site and architectural design review board may add any conditions to a permit necessary to achieve the compatibility of a satellite dish antenna with its neighborhood.

2. All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish, to the satisfaction of the city council on appeal, the planning commission or site and architectural design review board.

3. Any readily visible satellite dish antenna shall be painted to blend with its surroundings and shall not be unnecessarily bright, shiny, garish or reflective.

4. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building division.

5. All proposals for roof-mounted antennas shall be designed by a registered architect or civil or structural engineer.

6. The installation of all satellite dish antennas shall be subject to the design of footings, anchorage and fasteners by a California registered architect, civil or structural engineer, to meet the current Uniform Building Code as adopted by the city.

7. The electrical system shall be designed and installed in accordance with the National Electrical Code as adopted by the city.

8. All electrical wiring associated with antennas shall be installed underground.

9. A satellite dish antenna shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.

E. Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennas because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the site and architectural design review board or the planning commission may withhold approval to construct, install and/or maintain a satellite dish antenna.

1. All owners of antennas installed or constructed prior to the effective date of the ordinance codified in this section shall apply to the planning commission for a use permit no later than July 1, 1987.

2. Within sixty days after such application, the planning commission shall:

a. Issue a use permit if the antenna conforms to the provisions of this chapter; or

b. Prior to the issuance of a use permit, require the owner to move the antenna, or to make structural and/or design changes to the antenna so that it conforms to the provisions of this chapter; or

c. Issue an exemption, if it determines that the antenna is installed or constructed in a safe manner and is in substantial compliance with the provisions and/or intent of this chapter.

3. In granting an exemption, the planning commission may add any conditions necessary to effectuate the purpose and intent of this chapter.

G. Appeals. Any action taken by the site and architectural design review board may be appealed, in writing, to the planning commission within ten days of said action. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action.

H. Local television broadcast antennas that are mounted on buildings such that the maximum height of the antenna exceeds fifteen feet above the roofline of the building are subject to approval by a conditional use permit.

I. Exemptions. All small satellite dish antennas mounted on buildings such that they do not protrude above the nearest roof eave are exempt from this title. All local television broadcast antennas that are mounted on a building such that the maximum height of the antenna does not exceed fifteen feet above the roofline of the building are also exempt from this title. (Ord. 2020-07 § 2, 2020; Ord. 2002-07 § 1, 2002; Zoning Ordinance dated 7/94, 1994)