HomeMy WebLinkAbout1986-01-07; City Council; 9785; CMC 21 amend - Satellite antennae (permit & regulate)1
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ORDINANCE NO. 9785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO PERMIT AND REGULATE SATELLITE ANTENNAE.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad
Municipal Code is amended by the addition of Section 21.04.302 to
read as follows:
21.04.302 Satellite television antenna. "Satellite television antenna" or "satellite antenna" means any instrument or device capable of transmitting or receiving television,
microwave, or other electronic communications from a transmitter,
or a transmitter relay, located in planetary orbit. This may include, but is not limited to, "satellite earth stations ,I1 "satellite receiving dish," and "dish antenna."
SECTION 2: That Title 21, Chapter 21.07 of the Carlsbad
Municipal Code is amended by the addition of Section
21.07.020(14) to read as follows:
(14) Satellite television antennae subject to the provisions of Section 21.44.240 of this code.
SECTION 3: That Title 21, Chapter 21.08 of the Carlsbad
Municipal Code is amended by the addition of Section
21.08.010(10) to read as follows:
(10) Satellite television antennae subject to the provisions of Section 21.44.240 of this code.
SECTION 4: That Title 21, Chapter 21.09 of the Carlsbad
Municipal Code is amended by the addition of Section 21.09.020(7)
to read as follows:
(7) Satellite television antennae subject to the provisions of Section 21.44.240 of this code.
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SECTION 5: That Title 21, Chapter 21.10 of the Carlsbad
Municipal Code is amended by the addition of Section
21.10.010(13) to read as follows:
provisions of Section 21.44.240 of this code. (13) Satellite television antennae subject to the
SECTION 6: That Title 21, Chapter 21.12 of the Carlsbad
Municipal Code is amended by the addition of Section 21.12.010(7)
to read as follows:
(7) Satellite television antennae subject to the
SECTION 7: That Title 21 , Chapter 21 -14 of the Carlsbad
Municipal Code is amended by the addition of Section 21.14.010(6)
to read as follows:
provisions of Section 21.44.240 of this code.
(6) Satellite television antennae subject to the
SECTION 8: That Title 21, Chapter 21.16 of the Carlsbad
Municipal Code is amended by the addition of Section 21.16.010(8)
to read as follows:
provisions of Section 21.44.240 of this code.
(8) Satellite television antennae subject to the
SECTION 9: That Title 21, Chapter 21.18 of the Carlsbad
provisions of Section 21.44.240 of this code.
Municipal Code is amended by the addition of Section
21.18.020(20) to read as follows:
provisions of Section 21 -44.240 of this code. (20) Satellite television antennae subject to the
SECTION 10: That Title 21, Chapter 21.20 of the
Carlsbad Municipal Code is amended by the addition of Section
21.20.010(5) to read as follows:
provisions of Section 21.44.240 of this code. (5) Satellite television antennae subject to the
2.
SECTION 11: That Title 21, Chapter 21.22 of the
Carlsbad Municipal Code is amended by the addition of Section
21.22.010(5) to read as follows:
(5) Satellite television antennae subject to the
SECTION 12: That Title 21, Chapter 21.23 of the
provisions of Section 21.44.240 of this code.
Carlsbad Municipal Code is amended by the addition of Section
21.23.020(6) to read as follows:
provisions of Section 21.44.240 of this code. (6) Satellite television antennae subject to the
SECTION 13: That Title 21, Chapter 21.24 of the
Carlsbad Municipal Code is amended by the addition of Section
21.24.010(6) to read as follows:
provisions of Section 21.44 . 240 of this code. (6) Satellite television antennae subject to the
SECTION 14: That Title 21, Chapter 21.25 of the
Carlsbad Municipal Code is amended by the addition of Section
21.25.030(24) to read as follows:
(24) Satellite television antennae subject to the
SECTION 15: That Title 21, Chapter 21.26 of the
provisions of Section 21.44.240 of this code.
Carlsbad Municipal Code is amended by the addition of Section
21.26.010(30) to read as follows:
provisions of Section 21.44.240 of this code. (30) Satellite television antennae subject to the
SECTION 16: That Title 21, Chapter 21.27 of the
Carlsbad Municipal Code is amended by the addition of Section
21.27.020(A)(25) to read as follows:
(25) Satellite television antennae subject to the provisions of Section 21 -44.240 of this code.
3.
SECTION 17: That Title 21, Chapter 21.28 of the
Carlsbad Municipal Code is amended by the addition of Section
21.28.010(9) to read as follows:
provisions of Section 21.44.240 of this code. (9) Satellite television antennae subject to the
SECTION 18: That Title 21, Chapter 21.29 of the
Carlsbad Municipal Code is amended by the addition of Section
21.29.030(5) to read as follows:
provisions of Section 21.44.240 of this code. (5) Satellite television antennae subject to the
SECTION 19: That Title 21, Chapter 21.30 of the
Carlsbad Municipal Code is amended by the addition of Section
21.30.010(28) to read as follows:
provisions of Section 21 -44.240 of this code. (28) Satellite television antennae subject to the
SECTION 20: That Title 21, Chapter 21.32 of the
Carlsbad Municipal Code is amended by the addition of Section
21.32.010(34) to read as follows:
provisions of Section 21.44.240 of this code. (34) Satellite television antennae subject to the
SECTION 21 : That Title 21, Chapter 21 -34 of the
Carlsbad Municipal Code is amended by the addition of Section
21.34.020(10) to read as follows:
provisions of Section 21.44.240 of this code. (10) Satellite television antennae subject to the
SECTION 22. That Title 21, Chapter 21 -36 of the
Carlsbad Municipal Code is amended by the addition of Section
21.36.020(13) to read as follows:
provisions of Section 21 -44.240 of this code.
(13) Satellite television antennae subject to the
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SECTION 23. That Title 21, Chapter 21.37 of the
Carlsbad Municipal Code is amended by the addition of Section
21.37.020(6) to read as follows:
(6) Satellite television antennae subject to the
provisions of Section 21 .44.240 of this code.
SECTION 24. That Title 21, Chapter 21.44 of the
Carlsbad Municipal Code is amended by the addition of Section
21.44.240 to read as follows:
21.44.240 Satellite television antenna.
(a) Satellite television antennae as defined in Section
21.04.302 are permitted in all zones subject to the provisions of this section and the provisions of the underlying zone.
Satellite television antennae less than 30 inches in diameter are permitted in any zone and are not subject to the requirements of this section, provided that such antennae are attached to a permitted main or accessory structure on the lot.
installed unless a satellite television antenna permit has been
issued by the Planning Director. An application for a satellite television antenna permit shall be presented to the Planning Department. The Planning Director shall prescribe the form of
the permit application. The fee, in an amount established by City Council resolution, shall be paid to the Planning Department when the application is filed. The application shall state fully
the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, including
but not limited to landscaping plans and cross-sections showing adjacent property and streets to allow the Planning Director to determine compliance with this section. The Planning Director
shall grant a satellite antenna permit when it appears from the
facts contained in the application and from information obtained by the Planning Department and from any other evidence presented that the proposal is in conformance with the provisions of this section. The Planning Director may also conditionally grant or
deny the permit.
antenna or dish shall be measured vertically from the highest point of the structure when positioned for operation to the bottom of the base at either roof or ground level whichever is
applicable.
(d) Residential zone restrictions. Satellite television antennae shall be considered as accessory to the main structure and shall be permitted in all residential zones subject to the following limitations. 1. The antenna shall be ground mounted.
2. The antenna shall be located within the rear or
side yard only; on corner lots the antenna shall not be located on the street side yard.
(b) No satellite television antenna shall be erected or
(c) "Antenna Height" defined. The height of the
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3. The antenna shall height.
4. The antenna shall properties which have been designat
5. The antenna shall
not exceed fifteen feet in
not be permitted on
d as historic sites.
be screened from adjacent properties and public view by a wall, fence, hedge, or appropriate plant or landscape material between the antenna and the property line so that no more than 25% of the antenna extends above the top of the screening material.
from any property line.
shall be permitted per lot.
Satellite television antennae shall be considered as accessory to the main structure and shall be permitted in all commercial and industrial zones subject to the following limitations:
A. Ground mounted antenna shall be located in the rear 50% of the lot. B. The antenna shall not exceed 20 feet in height.
C. The antenna shall not be used as a sign or
contain any advertising copy. D. The antenna shall be screened from adjacent properties and public view by a wall, fence, hedge, or other appropriate plant or landscape material between the antenna and
the property line so that no more than 25% of the antenna extends above the top of the screening material.
required parking area.
to the following limitations.
feet in height provided, however, that in no event shall the antenna extend more than 5 feet above the permitted height of building upon which it is located.
recessing the antenna into the roof line or by constructing a screen out of similarly textured roofing or exterior wall material as the structure upon which it is located so that the
antenna is not visible at ground level. 3. No more than one satellite television antenna shall be permitted per lot provided, however that additional antennae may be permitted by the Planning Director if there are more than one use on a lot which cannot feasibly be served by a single antenna.
4. The provisions of this subsection shall apply to hotels and motels located in residential zones. 5. The provisions of this subsection shall not apply to satellite television antenna used by and located upon the property of a commercial cable television operator franchised by the City.
(f) Exception planned unit developments and
6. The antenna shall be located at least four feet
7. No more than one satellite television antenna
(e) Commercial and industrial zone restrictions.
1 . Ground mounted antenna.
E. The antenna shall not be located in any
2. Roof mounted antenna may be permitted subject
A. Roof mounted antenna shall not exceed 15
B. Roof mounted antennae shall be screened by
condominiums. Provisions of this section shall apply to
6.
residential planned developments I planned unit developments or iondominiums provided, however, that roof mounted antenna may be sllowed as part of the planned development permit for the ?roi ect .
(4) Agricultural zone restrictions. Satellite television antennae shall be considered as accessory to the main structure or use on the property and shall be permitted subject to the following limitations:
1. The antenna shall be ground mounted. 2. The antenna shall be located at least four feet from any property line. 3. The antenna shall not exceed 20 feet in height. 4. The antenna shall be screened from public view ~y a wall, fence, hedge, or other appropriate plant or landscape material between the antenna and the property line so that no nore than 25% of the antenna is visible above the screening material.
(h) Public utility zone restrictions. Satellite television antennae shall be considered a permitted accessory
use in the public utility zones. (i) Nonconforming antennae. Any satellite television antenna erected prior to the effective date of this ordinance shall be brought into compliance with the provisions of this section no later than one year after the effective date of this ordinance.
construction of a project, the satellite antenna permit may be consolidated with the discretionary permit.
pursuant to Chapter 21.35 shall be required for any satellite television antenna located in the Village Redevelopment Zone. In addition to complying with the provisions of this section all satellite television antennae in the Villaqe Redevelopment Zone shall conform to the provisions of the Village Design Manual.
eliminate or chanqe the requirement under Sect ion 21.42.010(5)(Q) for a conditional use permit for radio or television transmitters.
(j) Whenever a discretionary permit is required for
(k) Redevelopment zone : A redevelopment permit issued
(1) Nothing in this section shall be construed to
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the l7 day of December I
1985, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council
held on the 7th day of January , 1986, by the followin4
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None + Li MARY CAS ER, Mayor
ATTEST :
(SEAL)
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