HomeMy WebLinkAbout1990-01-02; City Council; NS-100; CMC 21.45.090/21.53.130/.150 amend - Revise satellite antenna regs...I
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ORDINANCE NO- NS-100
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTERS 21.45 AND 21.53 OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS
21.45.090, 21.53.130 AND 21.53.150 TO REVISE
THE REGULATIONS FOR SATELLITE ANTENNA.
Whereas, the mandate of Section 1 of the Fed
Communications Act is to make communication services availabl
all people of the United States as expressed by the Fed
Legislature (47 U.S.C. 3151 (1982)); and
Whereas, a recent amendment to the Communications
created certain rights to received unscrambled and unma
satellite signals (47 U.S.C. §605(b)(supplement I11 1985)); a
Whereas, these enactments establish a federal inte
in ensuring that the right to construct and use antennas to rec
satellite signals is not unreasonably restricted by 1
regulations; and
Whereas, the Federal Communications Commission
promulgated an order which states:
"State and local zoning or other regulations that differentiate between satellite receive-
only antennas and other types of antenna
facilities are preempted unless such
regulations: (a) have a reasonable and clearly
defined health, safety or aesthetic objective;
or (b) do not operate to impose unreasonable
limitations on, or prevent, reception or satellite delivered signals by receive-only antennas or to impose costs on the users of
such antennas that are excessive in light of the purchase and installation cost of the
equipment." (47 C.F.R. P25.104)
Now, therefore, the City Council of the City of Carl
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.45 of the Carl
Municipal Code is amended by the amendment of Section 21.45.09
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to read as follows:
It (n) Antennas. No individual antennas shal: permitted. Each project shall have a master antenna and/or a c television hookup. Individual satellite television antennas permitted subject to the provisions of Chapter 21.53 of
Carlsbad Municipal Code.I@
SECTION 2: That Title 21, Chapter 21.53 of the Car:
Municipal Code is amended by the amendment of Section 21.53.12
read as follows:
IIThe purpose and intent of this section promulgz
satellite television antenna regulations are to set forth clc
defined health, safety or aesthetic objectives of the City P
do not operate to impose unreasonable limitations on, or prel
reception of satellite delivered signals by antennas or to in
costs on the users of such antennas that are excessive in ligl
the purchase and installation cost of the equipment, b
recognizing that the following standards are necessary
important in preserving the health, safety or aesthetic qualj
of the community and various zones in which satellite televj
antennas are to be located. The further intent and purpose of
section is to promote the orderly and aesthetically plez
installation and use of satellite television antennas in all 2
while prohibiting to the maximum extent possible unsightly ante
not screened from public view or located in areas where
present the least intrusive appearance to the neighborh
cornunity and the public,lI
SECTION 3: That Title 21, Chapter 21.53 of the Carl
Municipal Code is amended by the amendment of Section 21.53.13
to read as follows:
"(b) Any satellite antenna erected without an appr
satellite antenna permit shall be charged an investigation fet
addition to the permit fee, which shall be collected whether 01
a permit is then or subsequently issued. The investigation
shall be equal to the amount of the permit fee required by
chapter. The payment of such investigation fee shall not ex
the property owner or applicant from compliance with all c
provisions of this chapter nor from any penalty prescribed by
code. It
SECTION 4: That Title 21, Chapter 21.53 of the Carl
Municipal Code is amendment of Section 21.53.130(d)(5) to add
following sentence:
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"The proposed antenna screening shall be subject tc review and approval of the Planning Director.I1
SECTION 5 : That Title 21, Chapter 21.53 of the Carl
Municipal Code is amended by the addition of Sec
21.53.130(d) (8) to read as follows:
)) (8) The antenna shall not exceed ten feet in diamet
SECTION 6: That Title 21, Chapter 21.53 of the Carl
Municipal Code is amended by the renumbering of Section 21.5:
to Section 21.53.140.
SECTION 7: That Title 21, Chapter 21.53 of the Carl
Municipal Code is amended by the addition of Section 21.53.13
read as follows:
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1121.53.150 Variance to standards.
If, after application of the standards set fort
Section 21.53.140, a satellite antenna cannot be physically loc
on the applicant's property or would result in the impositic
unreasonable costs considering the purchase and installation c
of the equipment, then the Planning Director shall grant a varj
to these standards but only to the extent necessary to allot,
installation of one satellite television antenna to be locatc the applicantls property in such a place and manner as to prc the least impact on aesthetics from the neighboring propert
neighborhood and public taking into account all the remaj
health, safety or aesthetic regulations set forth in that sect:
EFFECTIVE DATE: This ordinance shall be effective tl
days after its adoption, and the City Clerk shall certify tc
adoption of this ordinance and cause it to be published at :
once in the Carlsbad Journal within fifteen days after
adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 19th day of December I'
and thereafter
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PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the 2nd day of January
1990, by the following vote, to wit:
AYES: Council Members Lewis, Larson and Pettine
NOES: None
ABSENT : None
ABSTAIN: Council Members Kulchin and Mamaux
APPROVED AS TO FORM AND LEGALITY
ATTEST :
ae=cx,tP- ALETHA L. RAUTENKRANZ, City Cleh
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