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HomeMy WebLinkAbout89-14 - Adding Chapter 20.75 to Newport Beach Municipal Code Pertaining to Regulation of Satellite Dish AntennasORDINANCE NO. 89- 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.75 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE REGULATION OF SATELLITE DISH ANTENNAS. The City Council of the City of Newport Beach does hereby ordain as follows: Section 1: Chapter 20.75 of the Newport Beach Municipal Code is added to read as follows: CHAPTER 20.75 SATELLITE DISH ANTENNAS Sections: Section 20.75.005 Section 20.75.010 Section 20.75.020 Section 20.75.030 Section 20.75.035 Section 20.75.040 Section 20.75.045 Section 20.75.050 Section 20.75.060 Section 20.75.065 Section 20.75.070 Findings. Definitions. Permit Requirements. Development Standards. Satellite Dish Antenna Permit. Issuance of Permit. Appeal. Fees. Notice. Nonconforming Antennas. Separability. Section 20.75.005. Findings. The City Council of the City of Newport Beach, in adopting this Ordinance, finds and declares as follows: A. The Federal Communications Commission has adopted a rule which preempts local government satellite antenna regulations that differentiate between satellite dishes and other forms of antennas unless the regulations have a reasonable and clearly defined health, safety or aesthetic objective, do not operate to impose unreasonable limits on, or prevent, reception of satellite signals and do not impose excessive costs on the users of the antenna. B. Satellite dishes differ from other antennas in size, shape and weight, and these differences, when considered in light of related FCC rules that restrict regulation of the height of amateur radio facilities, make it impossible to treat satellite dishes and other antennas in the same manner. C. The regulation of satellite dish antennas, as provided in this ordinance, operates to preserve the unique scenic quality of the City of Newport Beach and to protect the safety and welfare of persons living and working in Newport Beach in that: 1. The City of Newport Beach has an international reputation as a premiere residential community with scenic and recreational resources that attract residents and visitors alike. 2. The unique charm and beauty of the residential, waterfront commercial, and recreational areas of the City of Newport Beach contribute to high residential and commercial property values. These same attributes attract large numbers of tourists and business travelers which account for a large percentage of the City's economy. The failure to maintain, and enhance, the charm and beauty of Newport Beach would result in reduced property values, reduced revenue for those businesses that 3 serve the many visitors to Newport Beach, and fewer jobs for those who live, and those who want to work, in Newport Beach. 3. The Land Use Policies in the General Plan and Zoning Ordinances of the City of Newport Beach seek to maintain and enhance those qualities that make Newport Beach one of the most desirable places to live, work or visit. The land use element of the General Plan requires the City to adopt zoning ordinances and other development standards to ensure that the beauty and charm of existing residential neighborhoods is maintained and that commercial and office projects are aesthetically pleasing as well as compatible to surrounding uses. This policy is to be implemented, in part, through the adoption of ordinances which, to the maximum extent permitted by law regulate or restrict the placement of satellite dishes and other visually obtrusive objects. 4. The unique charm and character of Newport Beach is preserved, in large measure, by ordinances, policies and regulations which, among other things, restrict and regulate the height and location of structures, related facilities or equipment and landscaping. 5. Satellite dish antennas, due to their size, shape, bulk, weight, and overall appearance, would, if unregulated, reduce the charm, and beauty, and aesthetics of residential and commercial areas within Newport Beach. Satellite dish antennas, due to their size and bulk, are likely to block views of natural or manmade features of interest to public and owners of private property. Since the value of property in Newport Beach is linked to views available from the property, any reduction in views caused by satellite dish antennas is likely to significantly reduce property values. Satellite dish antennas, if improperly located, could reduce views of, and from, public streets and alleys and create significant risks to motorists and pedestrians alike. The size and bulk of satellite dish antennas significantly reduces open space, and their overall appearance gives the impression of even greater reductions in open space. The futuristic appearance of satellite dish antennas is, to a considerable extent, inconsistent with the character and aesthetics of many of existing residential, commercial and recreational areas within Newport Beach. The proliferation of satellite dish antennas could significantly reduce the charm and beauty of those areas, and result in substantial reductions in property value, and reductions in income derived from the tourist and business traveler. D. The provisions of this ordinance represent an effort to minimize the impact of the regulations on the right of individuals to receive satellite delivered signals and, in the opinion of the City Council, constitute the least intrusive means available to the City to mitigate the potential adverse impacts on the safety and welfare of our residents and the quality and aesthetics of the community. E. It is the intent of the City Council that this ordinance be administered and interpreted such that it does not constitute an unreasonable limitation on the reception of satellite delivered signals or the transmission of such signals and that the costs associated with processing applications for permits and comply with conditions imposed by those permits are not excessive in light of the cost of the purchase and installation of the regulated equipment. Section 20.75.010. Definitions. A. Satellite Dish Antenna /Antenna. The term "satellite dish antenna" or "antenna" shall, for the purposes of this Chapter, mean any parabolic and /or disk shaped antenna of either solid or mesh construction, intended for the purposes of 2 receiving communications from an orbiting satellite transceiving or transmitting signals or communications to a satellite, as well as all supporting equipment necessary to install or mount the antenna. Section 20.75.020. Permit Requirements. Satellite dish antennas that conform to the development standards in Section 20.75.030 are permitted as accessory uses in all zoning districts subject to the issuance of •a building permit. Satellite dish antennas that do not conform to Section 20.75.030 shall be permitted in all zoning districts subject to issuance of a satellite dish antenna permit and building permit. Section 20.75.030. Development Standards. A. Setbacks. No portion of any satellite dish antenna shall be located in any required setback area provided, however, satellite dish antennas which do not exceed six (6) feet in height may be located in any required side yard setback behind the front yard setback and in any rear yard setback where the rear yard setback is not adjacent to an alley. B. Number. No more than one satellite dish antenna shall be permitted on a building site. C. Color. All satellite dish antennas not screened shall be painted in a manner compatible with the structures on the site. D. Sign. No sign of any kind shall be posted or displayed on any satellite dish antenna. E. Ground Mounted Satellite Dish Antennas. (1) Size. The diameter of a ground mounted dish antenna shall not exceed ten (10) feet. (2) Height. Except as Provided in Paragraph A. above. the height of any portion of a ground mounted dish antenna shall not exceed fifteen (15) feet. (3) Location. In all residential zones a ground mounted dish antenna shall be located on the rear one -half of the building site, provided, however, if a building site borders a public street and any waterway, beach, bluff, or park, the satellite dish antenna shall be located in the middle one - third (1/3) of the lot measured from the property line adjacent to the public street to the rear property line, mean high tide line, actual high tide line, or bulkhead line, whichever is closest to the property line adjacent to the public street. (4) Other Requirements. Ground mounted dish antennas shall not reduce area required, by provisions of this Code, for parking, internal circulation, landscaping or other development standard criteria. F. Roof Mounted Antennas. (1) Size. The diameter of any roof mounted satellite dish antenna shall not exceed ten (10) feet. (2) Height. Roof mounted antennas shall not: (a) If installed on a flat roof the antenna shall not exceed the height limit for the district; 3 V (b) If installed on a sloping roof the antenna shall not exceed the height limit for the district applicable to sloping roofs and the highest point of the antenna shall not exceed the maximum height of the permitted ridge line. (3) Location. Roof mounted dish antennas shall be mounted on the rear one -half of the building site or the rear one -half of the building furthest from the primary access to the site, whichever is furthest from the front property line, provided, however, if a building site borders a public street and any waterway, beach, bluff, or park, the satellite dish antenna shall be located in the middle one -third (1/3) of the lot measured from the property line adjacent to the public street to the rear property line, mean high tide line, actual high tide line, or bulkhead line, whichever is closest to the property line adjacent to the public street. In the case of a sloping roof, the antenna shall be mounted on the lower two - thirds (2/3) of the roof plane to which it is attached. (4) Wiring. All electrical and antenna wiring shall be placed underground or otherwise screened from view. (5) Permanent Mounting. For a land based installation, all dish antennas shall be permanently mounted and no antenna may be installed on a portable or movable structure. Section 20.75.035. Satellite Dish Antenna Permit. An application for a satellite dish antenna permit shall be made on forms provided by the Planning Department and shall be accompanied by the following: (1) Site plans drawn to scale and dimensioned, showing the proposed location of the antenna in •relation to property lines, setbacks, and any structures on the site. (2) Manufacturer's specifications for the antenna. (3) Specific details of any equipment associated with the installation of the antenna such as footings, guide wires and braces, including roof top mounts if applicable. (4) dimensioned so as to fully proposed screening. (5) (6) conformance with the deve 20.75.030 will: Elevations drawn to scale and describe the proposed structure and any Written consent of the property owner. Statement of the reasons why strict lopment standards specified in Section (a) Unreasonably limit, or prevent, reception or transmission of satellite signals; (b) Result in excessive expense in light of the cost of purchase and installation of antenna; or (c) Be necessary to achieve the goals and objectives specified in this Chapter. Section 20.75.040. Issuance of Permit. (a) The Planning Director shall issue a permit for any satellite dish antenna if strict compliance with the provisions of Section 20.75.030: 2 I . or prevent, reception received signals; 2. development standards and installation costs 3. of this Chapter. Will result in unreasonable limitations on, or transmission of satellite delivered or The cost of strict compliance with the would be excessive in light of the purchase of the antenna; or Is not necessary to achieve the objectives (b) In the event the applicant demonstrates that strict compliance would unreasonably restrict or prevent reception or transmission of signals, or result in excessive costs, the Planning Director shall issue the permit subject to any conditions necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit transmission or reception of signals will result in excessive costs. Section 20.75.045. Appeal. An applicant for a satellite dish antenna permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within thirty (30) days after written notice from the Planning Director of the decision denying the permit or the decision imposing conditions on the permit. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission shall render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event the applicant is not satisfied with the decision of the Planning Commission, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within twenty -one (21) days following notice of the action of the Planning Commission. The hearing before the City Council shall be set within thirty (30) days from the date of the appeal. The City Council may appoint a hearing officer to take evidence and make findings and recommendations if the Planning Commission presided over the initial appeal. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council shall be final. Section 20.75.050. Fees. No person shall be charged a fee for applying for a satellite dish antenna permit. Fees for an appeal to the Planning Commission or City Council shall be established by resolution of the City Council. Section 20.75.060. Notice. Whenever notice is required pursuant to the provisions of this chapter, notice of a decision shall be deemed given when the decision is announced by the Planning Commission or City Council at the hearing on the appeal, or written notice of the appeal is deposited in the United States mail, first class, postage prepaid, and addressed as specified on the application for satellite dish antenna permit. Section 20.75.065. Nonconforming Antennas. Satellite dish antennas in existence as of the effective date of this Chapter shall be considered legal and non- conforming. Nonconforming satellite dish antennas may be enlarged, expanded or relocated only if the satellite dish antennas are brought into compliance with the provisions of this ordinance, unless the expansion, enlargement or relocation is necessary to permit reasonable use of the satellite dish antennas 5 and, in such event, a satellite dish antenna permit shall be obtained prior to any such expansion, enlargement or relocation. Section 20.75.070. Separability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the ordinance. Section 2: The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of June , 1989, and adopted on the 26th day of June , 1989, by the following vote, to -wit: C7 ATTEST: City Clerk SATDISH.11 C: AYES, TURNER, SANSONE, PLUMMER, HART, WATT NOES, NONE ABSENT STRAUSS 1