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04-86 ORDINANCE NO. ~-g6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 30-17.5, "SATELLITE DISHES"; DEFINING THE TERM SATELLITE DISH OR SATELLITE TELEVISION ANTENNA; PROVIDING GENERAL REQUIREMENTS FOR ALL SATELLITE DISHES; A PROHIBITION AGAINST VISIBLE WRITING ON THE DISH; PROVIDING SCREENING REQUIREMENTS~ PROVIDING ADDITIONAL REQUIREMENTS IN RESI- DENTIAL, MULTI-FAMILY COMMERCIAL AND INDUSTRIAL DISTRICTS AS TO SIZE AND LOGATION OF THE DISH~ PROVIDING THAT NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED TO PERMIT THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE CARRIAGE OF A SIGNAL FROM A DISH CONSTRUCTED IN ACCORDANCE WITH THIS ORDINANCE? PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the Gity of Delray Beach, Florida, desires to protect the safety of its residents and citizens by requiring compliance with certain structural requirements and locations for the placement of satellite dishes~ and, WHEREAS, the City Council of the City of Delray Beach, Florida, desires to regulate satellite dishes to be beneficial to both the owners of same and the neighbors by setting forth certain aesthetic requirements for erection of satellite dishes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNGIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That a new Section 30-17.5, "Satellite Dishes" is hereby enacted to read as follows: Sec. 30-17.5. Satellite Dishes. A. Definition. The term satellite dish or satellite television ant,~.nna is interchangeable and refers to any apparatus designed to receive television or radio signals from orbiting satellites. B. General Requirements. ' satellite dish or satellite television antenna 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 lightning. 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 (2) 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 9 which do not conflict with this section as well as the following conditions: 1) 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. 2) Screening. The satellite dish shall be effectively screened from off premises view and from visibility from public rights-of-way to the greatest extent practicable, except that such screening shah not be required in locations 1 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 non-living barrier such as a wall or fence, or by some combination of the above. Walls or fences used for screening may not exceed six (6) 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 (6) feet at the time of planting. Landscaping shall be maintained by the property owner and/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. C. Additional Requirements. 1) Single family districts. a. One non-commercial satellite dish per residential dwelling unit shall be permitted. b. The satellite dish shall be located on the lot in the rear of the house or in a side yard (which does not front on a public right-of-way) behind the front roof line of the house provided that the satellite dish shall be substantially screened from the right-of-way and from the adjacent property. A satellite dish must be located so as to provide the screening required by subsection (BX2). c. Notwithstanding the provisions of subsection 30-17.~(C)(IXb), above, and subject to sufficient proof being submitted to the City, to prove that it is not possible to locate a proposed satellite dish in the rear yard or side yard as described above, then and only then satellite dishes which are twelve (12) feet in diameter or less may be permitted on the roof of property in a single family residential zoning district and such a dish may not be more than eight (g) feet above the roof line as measured from the highest point of the dish. 2) Multi-family districts. a. Satellite dishes may be erected on individual multi-family lots if they comply with the requirements of subsection I above. Therefore an owner of an individual unit in a multi-family complex may erect a dish on his/her individual property only if the ownership of his/her individual unit includes ownership of sufficient property to locate the dish in compliance with the requirements in single family districts. (Property owned jointly or in common with other unit owners may not be used for purposes of calculating the unit owner's individual property.) Nothing in this provision shall be construed to alter or impair any rights, authority or restrictions imposed by deed or under the rightful authority of any homeowners' association. b. A satellite dish in a multi-family district may be erected to meet the following requirements: (1) Only one satellite dish (other than those complying with subsection 1) may be located in a multi-family complex and must be placed so as to be effectively screened from all public rights-of-way and adjacent residential complexes. In no event shall the dish be placed between a structure and any public right-of-way (other than an alleyway) unless the dish can be erected in compliance with this section and other code requirements so as to be entirely invisible from the public right-of-way and adjacent residential developments. 2 ORD. NO. ~-g6 (2) Satellite dishes must be located to provide the screening required in subsection (BX2). (3) A satellite dish may not be located on a roof unless it complies with Section (C)(1 Xc).. 3) Commercial and Industrial zoning districts. a. The satellite dish shall be located on the property so as to be effectively screened from all public rights-of-way and adiacent residential properties. b. A satellite dish may not be located on a roof so that the dish would thereby be visible from a public right-of-way or residential district; provided, however, if it is proved that there is no such location on a roof where the satellite dish may be located to gain proper reception, then and only then such a satellite dish may be located where it might be so visible, but only to the extent required to gain such proper reception. c. Satellite dishes which are mounted on a tower and used for commun- ication in connection with the operation of a business shall be required to provide reasonable screening and shall be sub)ect to conditional use approval. D. Nothing herein shall be construed to allow the use of any public rights-of-way for the carriage of a signal from a satellite dish erected in compliance with this section. 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 which are in conflict herewith are hereby repealed. -. Section ~. That this ordinance shall become effective ten (10) days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the MAYOR ATTEST'. City Clerk First Reading. January 14, 1986 Second Reading March 11, 1986 3 ORD. NO. t~-86