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HomeMy WebLinkAbout607-94 Amend Land Development Code - Satellite Dishes/Antenna • 2.1. 167 .1 9t. DEC1G 414: 28 re= i ILED FOR RECORD CLK.CIR.CT.H..CO CUNTY.FL. ORDINANCE NO. 6 0 7 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, A MUNICIPAL CORPORATION,.AMENDING ORDINANCE NO. 519 , THE LAND DEVELOPMENT CODE OF THE CITY OF ZEPHYRHILLS, CHAPTER FOUR, SECTIONS 4420 THROUGH 4422, PERTAINING TO SATELLITE DISHES/ANTENNAS AND REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, sitting in regular meeting that Sections 4420, 4421 and 4422, pertaining to satellite dish antennas of The Zephyrhills Land Development Code is hereby repealed in its entirety and replaced with the following: 111 4420. Earth Station.Antenna Regulations Purpose: WHEREAS,the City Council of the City of Zephyrhills is charged with the public safety of its citizenry, and WHEREAS, public safety is enhanced by requiring well defined engineering installation of earth station antennas, and WHEREAS,local regulations must give consideration to property values and neighborhood quality of life, and WHEREAS, large, round, disc-like antennas detract from the neighborhood appearance in a manner in which dipole antennas do not, and WHEREAS, receiving discs and support structures should not be located in front yards for the same aesthetic reasons which neighborhood ordinances are enacted to control signs, vehicles parking and fencing; and WHEREAS,by requiring satellite receiving antenna to be located in rear yards and by relaxing Record and Return to: i City Clerk's Office '3373P0761 ' 5335 8th Street OR 3373P 076 1 Zephyrhills, FL 33540 • height restrictions, the municipal objectives of safety and aesthetics reach a compromise with the federal objectives of establishing the satellite communications industry; 4421. General Standards All satellite dish antenna installations beginning with the enactment of this Code shall meet the following requirements and include parabolic or spherical antennas which receive televisio or .other signals from orbiting satellites or other devices. Satellite dish antennas shall be considere as an accessory structure unless part of a public utility. 4422. Regulations; All Zoning Districts The following regulations apply to all zoning districts: 1. NO owner,occupant or tenant of any property located within any zoning classification hall erect, construct or install any earth station antenna or satellite dish antenna without first obtainin all necessary permits from the City of Zephyrhills Building Official. 2. Prior to the issuance of any permit for the erection, construction or installation of any earth satellite antenna,the City of Zephyrhills Building Official shall require an approved design placement drawing and engineering specifications, signed and sealed by an engineer licensed in the State of Florida, to meet all City and State laws and ordinances. 3. All materials that make up this installation of such antennas and supporting structures shall be of a non-corrosive material or coated with a corrosive resistant material to prevent ^:tet?. -?t a iP from maintenance neglect. 4. All earth station antennas shall be non-reflective in color. 5. All earth station antennas shall meet all manufacturer specifications. 6. All electrical installations for the purpose of erection of antennas shall be in accord nce with the National Electrical Code and all applicable City ordinances. 7 All parts of the earth station antenna shall have vertical and horizontal clearance fro any electric lines: 4423. Additional Standards for Residential Zoning Districts 1. No earth station antenna shall be mounted onto the top or side of any single f 'ly building, duplex or triplex in R-1, R-2, R-3, ER, R-4,M-1, M-2, M-3 and M-4 zoning designations. 2. Earth station antennas are permitted.on the roof of a common facility, provid9d said earth station antenna shall be erected at the minimum height which allows satellite reception not to exceed seven(7)feet, including base above the highest roof elevation. Said measurement shall be calculated from the highest roof elevation to the dish center. There shall be no more than one earth station antenna on a common facility, per multi-family development. 3. The maximum outside diameter allowed for a dish receiver shall be ten (10) feet. 4. Earth station antennas shall be allowed only in the rear or side yard in all residential zoning districts. Placement shall not be allowed in the front yard of any lot or parcel in any residential zoning °R3373'0 '62 J district. Compliance with side and rear setback is required. • , 5. Ground mounted earth station antennas shall be erected at a minimum height which allows satellite reception, not to exceed ten (10) feet. Said measurement shall be calculated from the established grade to the dish center. 6. Only one antenna shall be allowed on any lot or parcel of land.,. -7. No advertising or signage of any type is permitted on a satellite antenna. 4424. Additional Standards for Commercial Zoning Districts 1. The following restrictions apply to earth station antenna installation in.Zoning;Districts C- 1, C-2, C-3, OP, and LI. a. Satellite dish antennas are subject to all district setback requirements. b. Satellite antennas-are permitted on the roof, but shall be erected.at the minimum height which allows satellite reception, not to exceed seven(7) feet above the highest roof elevation measured tothe dish center. c. There shall be no more than one earth station antenna per licensed business or occupation within any structure. - d: The maximum outside diameter allowed for a dish receiver shall be ten(10)feet. 4425. Regulatory Exceptions J The following regulations shall not apply to earth station antennas with a diameter of two (2) feet or less and a wind load which does not constitute a danger to a structure upon.which it is to be attached; 4422 (1), 4422 (2), 4423 (1)(3), and 4424 (1d). 4426. Variance Any person adversely affected by the provisions of this section may apply to Board of Adjustment for a variance. In order for a adversely affected;party to establish that it is subject to the variance provisions, that party shall prove by substantial and competent,evidence that: - A. Compliance with the ordinance creates a hardship; , B. The hardship is not the result of actions by the party adversely affected; C. Compliance on any permitted location on applicant's lot would preclude the reception or a'substantial portion of the intended satellite reception for North America.'''' Any variance granted herein shall be after public hearing, with notice to abutting property owners. • City Council shall establish a fee for any applicant who requests a variance from the above regulations. Said fee shall be paid to the City, as a prerequisite to the consideration of any variance request. • The provisions of this Ordinance are severable, and if any section,sentence, clause, or'phrase 0833 73P0 763 • • is for any reason held to be unconstitutional, invalid, or ineffective, this holding shall not affect the • validity of the remaining portions of the Ordinance, it being expressly declared to be the City Council's intent that it would have passed the valid portions of this Ordinance without the inclusion of any invalid portion or portions. This Ordinance shall become eiTective'immediately upon its passage: The foregoing Ordinance No. (p 0 7 was read and passed on its first reading by the City Council,of rhes i of Ze h rhills Florida, on this f� `-day of - , �t3i ) P Yc�i� , A.D., 1994. C ,,kta,(1/1 rb C DE C. BRACKNELL • President of City Council A'TT'EST. t Ciu ' leek; Linda'D. Boan The fors; oi4g:Ordinance No. 607 was read and passed on its second reading by the City Council of ttix6 City.of.Z-ephyrhills, Florida, on this e day of 72..64.„) , A.D., 1994. • : C DE C. BRACKNELL President of City Council ATTESY: C . City Clerk;Linda FY. Boan The foreg9.pgi Ordinance No. (p0 7 was read and passed on its third reading by the City da 1994. Council of rhe City'ofep'lyrhills, Florida, on this / y of c��,-G�/ , A.D., • s ;; C DE C. BRACKNELL 'aem - . /. President of City Council ATTEST,-.•/ C=ity Clerk,LindaaBoan The foregoing Ordinance No. (o o .s appr ed b me this /a ' day of , A>D>, 1994. atai• AMES A. BAILEY, Mayor • gyyT = is r11- /7 e 16/9is 13 __ RPFFRFNCF ftLt.,13!%3JIE,XT1J-11JCAll 2 (= u '' :�*,�1n•__ ni-A AM PAID! on .-.., oR 37 3P • 1 ,7 6 4 •3