9-1-19-41A: POLICY 41 (ABSOLUTE) SATELLITE EARTH STATION ANTENNAS:
A satellite earth station antenna larger than two meters (2 m) in diameter in land use districts where industrial or commercial uses are recommended, or larger than one meter (1 m) in diameter in land use districts where any other use is recommended, may be placed within the town only when authorized by a Class C development permit. The following provisions shall govern the issuance of such permit:
A. Purpose: The town council is cognizant of the provisions of the rule adopted by the Federal Communications Commission on April 17, 1996, codified at 47 CFR section 25.104. The town council hereby declares that the purpose of the adoption of this policy is to protect the unique aesthetic character of the town and its neighborhoods, including, but not limited to, the town's National Historic District area, and the special historic and architectural aspects of the town, while placing the least possible restrictions or limitations upon the legitimate ability of the residents of and visitors to the town to avail themselves of the current and future technology represented by satellite signal receiving earth stations. The town council has provided in this policy for the regulations of certain aspects of satellite receiving earth stations, including color and location, because those aspects relate directly to aesthetic considerations which are of great importance to all residents of the town, not just those who choose to avail themselves of the technology of satellite receiving earth stations. Such regulations are found and deemed by the town council not to unreasonably interfere with the right of a homeowner or business owner to avail himself or herself of, and to receive, satellite technology. The town council further finds that the regulations set forth in this policy further the stated aesthetic objective without unnecessarily burdening the Federal interests in ensuring access to satellite services and in promoting fair and effective competition among communication service providers.
B. Restrictions On Satellite Earth Station Antennas: The placement of a satellite earth station antenna ("antenna") larger than two meters (2 m) in diameter in land use districts where industrial or commercial uses are recommended, or larger than one meter (1 m) in diameter in land use districts where any other use is recommended, is subject to the following requirements:
1. The antenna shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches (2") in height.
2. There may be only one antenna placed on each lot.
3. No roof mounted antennas are permitted.
4. An antenna may not exceed twelve feet (12') in diameter, nor twenty feet (20') in height as installed.
5. The placement of an antenna shall comply with section 9-1-19-9A, "Policy 9 (Absolute) Placement Of Structures", of this chapter concerning minimum setback requirements. The location of the antenna shall not interfere with on site pedestrian or vehicular circulation.
6. The full visual impact of an antenna shall be reduced by screening. All antennas shall be effectively screened by a fence, wall or dense screening landscaping to a height of six feet (6'). Said fence, wall or landscaping shall otherwise comply with the requirements of this Code.
7. An antenna shall be maintained in an operational state with no structural defect or visible damage.
8. All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except for those wires or cables which are attached flush with the surface of a building.
9. The structure for an antenna, its installation and all electrical wiring associated with an antenna, shall be in conformance with the town's Building and Technical Codes.
10. An antenna shall not be installed with the use of guywires.
C. Industrial And Commercial Land Use Districts: In those land use districts where either industrial or commercial and any other use is recommended, the provisions of this policy shall apply only to the placement of a satellite earth station antenna larger than two meters (2 m) in diameter. (Ord. 26, Series 1996)