Ord 34-04ORDINANCE NO. 34-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER FOUR, "ZONING REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS, SECTION
4.3.3(P), "SATELLITE DISH --SATELLITE T~J.EVISION
ANTENNA"; TO PROVIDE AN UPDATED ORDINANCE
ON SATELLITE DISHES; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of De[ray Beach, Florida, desires to provide
its citizens with updated ordinances that are consistent with federal regulations regarding satellite
dishes and antennas; and
WHEREAS, the City desires to provide the least restrictive regulations possible on satellite
dishes and antennas in order to help its citizens avoid unreasonable delay and expense associated
with inst~ll~ tion.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(P), "Satellite Dish --
Satellite Television Antenna", of the Land Development Regulations of the City of Delray Beach,
Florida, be amended to read as follows:
(P) Satellite Dish - Satellite Television An$¢nna:
(1) A satellite dish or satellite television antenna that is ~eater than one meter
(39.37") in diameter or any size satellite dish that is mounted on a mast higher th~n 12 feet
above the roof line shall be considered a structure and shall require a building permit.
Antennas or dishes shall be of non-combustible and corrosive resistant material, shall be
erected in a secure wind resistant manner, and shall be adequately grounded for protection
against direct strike of lightening. Portable satellite dishes are not permitted. Only satellite
dishes which are actually required for obtaining a signal may be erected and maintained on
any property. Satellite dishes may not be used for display or advertising purposes on the
exterior of any structure. Where a commercial enterprise is engaged in the sale of satellite
dishes, the erection of more than two dishes (each of which shall be of different sizes) which
perform essentially the same function, on the exterior of the structure shall be presumed to
be for display or advertising purposes. Satellite dishes may not have any writing on them
which is visible from the right-of-way. These structures shall be subject to the provisions of
Chapter Seven, Building Regulations, which do not conflict with this section as well as the
following conditions:
Application Process: The application for a permit shall be reviewed
by the Building Depait,nent for a determination that the structure is
designed and will be erected in a manner which meets the technical
requirements of the code including those set forth in this section.
The City Horticulturist shall review the plans for screening the
structure.
All satellite dishes and/or satellite television antennag that
smaller than one meter (39.37") in diameter and that rcgeive
video pro~amming si?al~ such as Direct Bro~dc~s~ Satellit~
("DBS'). Mulfichannel Multipoint Distribution (wireless
cabl~ providers ('.'MMDS"). and Television Broad¢g~t
Stations ('"rVBS") shall not require a permit and ~hall be
exempted from these regulations but shall be sub!ect to
removal if they are located as to create a h~rd or safety
issue.
~tg.g_P_~: The satellite dish shall be effectively screened from off-
premises view and from visibility from public fight-of-ways to the
greatest extent practicable, except that such screening shall not be
required in locations surrounding the satellite dish where and only to
the extent it is proved that such screening interferes with reception.
The visibility of the satellite dish shall be mitigated as much as
possible by screemng. The structure shall be screened by the use of
landscaping or by a nonliving barrier such as a wall or fence, or by
some combination of the above. Walls or fences used for screening
may not exceed six feet in height unless they are erected in
compliance with the building setbacks. Trees and shrubs used in
screening shall be of a species capable of obtaining such height,
spread, and density of canopy at maturity so as to effectively screen
the satellite dish from off-premises view. Landscaping to be used as
screening shall be planted at the time of construction or placement of
the satellite dish and the landscaping shall be at least equal to four
feet at the time of planting. Landscaping shall be maintained by the
property owner or the persons or groups in control of the property in
a manner which will encourage maximum screening without
interference with the maintenance or operation of the satellite dish.
2 ORD. NO. 34-04
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
day of ,2004.
A'IT~ST:
ACTING CITY CLERK
First Reading ~-~.,,~,
Second Reading ~
3 ORD. NO. 34-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~ ~ - REGULAR MRI~-TING AUGUST 3. 2004.
ORDINANCE NO. 34-04 (AMENDMENT TO LAND DEVELOPMENT
DATE: JULY 30, 2004
This is second reading and public hearing for Ordinance No. 34-04 mending the Land Development
Regulations Section 4.3.3(P), "SatelLite Dish-Satellite Television Antenna", to provide updated
regulations for Satellite Dishes and Antennas.
At first reading on July 6, 2004, the City Commission passed Ordinance No. 34-04.
Recommend approval of Ordinance No. 34-04 on second and final reading.
S:\City Clerk\agenda metao~\ Ord. 34-04 S~el!ite Dish-Television Antenna 08.03.04
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLIN~,~IR~OR OF PLANNING AND ZONIN~G , ,//~/~ !/~ -
JEFFREY A. COSTELL~O, ASSISTANT PLANNING DIRE~T~(~'~
MEETING OF JULY 6, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(P)
"SATELLITE DISH-SATELLITE TELEVISION ANTENNA" TO PROVIDE UPDATED
REGULATIONS FOR SATELLITE DISHES AND ANTENNAS.
LDR Section 4.3.3(P) (Satellite Dish - Satellite Television Antenna) contains regulations concerning
satellite dishes and television antennas. The current provisions were adopted in 1985.
The proposed amendment is being processed in order to obtain consistency with federal regulations
regarding satellite dishes and antennas. The proposed amendment will provide less restrictive
regulations for satellite dishes and antennas in order to avoid delays and expense associated with
their installation. The current regulations require a permit for a satellite dish or antenna regardless of
its size. The amendment will only require a permit for those that are greater than one meter (39.37") in
diameter or any size satellite dish that is mounted on a mast higher than 12 feet above the roof line.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and fudhers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated to obtain consistency
with federal regulations and to provide less restrictive regulations for the installation of satellite dishes
and antennas. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 6-0 (Krall absent) to recommend to the City Commission approval of the
proposed amendment, based upon positive findings with LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending Land Development Regulations Section
4.3.3(P) "Satellite Dish-Satellite Television Antenna", by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations and set a public
hearing date of July 20, 2004.
Attachment: Proposed Ordinance
\\misrv001\departments\planning & zoning\boards\citycomrnission\ldrsatellitedishes.doc
ORDINANCE NO. 34-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS, SECTION 4.3.3(P), "SATELLITE DISH --
SATELLITE TELEVISION ANTENNA"; TO PROVIDE AN
UPDATED ORDINANCE ON SATELLITE DISHES; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
its citizens with updated ordinances that are consistent with federal regulations regarding satellite
dishes and antennas; and
WHEREAS, the City desires to provide the least restrictive regulations possible on satellite
dishes and antennas in order to help its citizens avoid unreasonable delay and expense
associated with installation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(P), "Satellite Dish --
Satellite Television Antenna", of the Land Development Regulations of the City of Delray Beach,
Florida, be amended to read as follows:
(P) Satellite Dish - Satellite Television Antenna:
(1) A satellite dish or satellite television antenna that is greater than one meter
(39.37") in diameter or any size satellite dish that is mounted on a mast higher than 12 feet
above the roof line shall be considered a structure and shall require a building permit.
Antennas or dishes shall be of non-combustible and corrosive resistant material, shall be
erected in a secure wind resistant manner, and shall be adequately grounded for
protection against direct strike of lightening. Portable satellite dishes are not permitted.
Only satellite dishes which are actually required for obtaining a signal may be erected and
maintained on any property. Satellite dishes may not be used for display or advertising
purposes on the exterior of any structure. Where a commercial enterprise is engaged in
the sale of satellite dishes, the erection of more than two dishes (each of which shall be of
different sizes) which perform essentially the same function, on the exterior of the structure
shall be presumed to be for display or advertising purposes. Satellite dishes may not have
any writing on them which is visible from the right-of-way. These structures shall be
subject to the provisions of Chapter Seven, Building Regulations, which do not conflict with
this section as well as the following conditions:
(a)
Application Process: The application for a permit shall be reviewed
by the Building Department for a determination that the structure is
designed and will be erected in a manner which meets the technical
requirements of the code including those set forth in this section. The
City Horticulturist shall review the plans for screening the structure.
All satellite dishes and/or satellite television antennas that are
smaller than one meter (39.37") in diameter and that receive
video pro.qramminq siqnals such as Direct Broadcast Satellites
("DBS'), Multichannel Multipoint Distribution (wireless cable)
providers ("MMDS"), and Television Broadcast Stations
("TVBS") shall not require a permit and shall be exempted from
these regulations but shall be subiect to removal if they are
located as to create a hazard or safety issue.
(b)
Screening: The satellite dish shall be effectively screened from off-
premises view and from visibility from public right-of-ways to the
greatest extent practicable, except that such screening shall not be
required in locations surrounding the satellite dish where and only to
the extent it is proved that such screening interferes with reception.
The visibility of the satellite dish shall be mitigated as much as
possible by screening. The structure shall be screened by the use of
landscaping or by a nonliving barrier such as a wall or fence, or by
some combination of the above. Walls or fences used for screening
may not exceed six feet in height unless they are erected in
compliance with the building setbacks. Trees and shrubs used in
screening shall be of a species capable of obtaining such height,
spread, and density of canopy at maturity so as to effectively screen
the satellite dish from off-premises view. Landscaping to be used as
screening shall be planted at the time of construction or placement of
the satellite dish and the landscaping shall be at least equal to four
feet at the time of planting. Landscaping shall be maintained by the
property owner or the persons or groups in control of the property in a
manner which will encourage maximum screening without interference
with the maintenance or operation of the satellite dish.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
2 ORD. NO. 34-04
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
3 ORD. NO. 34-04