HomeMy WebLinkAboutOrdinance No. 09-1997ORDINANCE NO. 09-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING
SECTION 110 -1, DEFINITIONS, AND SECTION 110 -478, EARTH STATION
ANTENNAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 10 -1, Definitions, of the Code of Ordinances is hereby amended
by the deletion of the definition for Earth station antenna, and adopting a new definition for
Antenna and Satellite Dish, as follows:
Antenna means any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or other
communication signals.
Satellite dish means any device incorporating a reflective surface that is
solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia
shaped and is used to transmit and/or receive electromagnetic signals. This
definition is meant to include, but is not limited to, what are commonly referred to
as satellite earth stations, TVROs, and satellite microwave antennas.
SECTION 2. Section 110 -478, Earth Station Antennas, of the Code or Ordinances is
hereby repealed in its entirety, and the following is adopted in lieu thereof:
Sec. 110 -478. Residential use antennas /satellite dishes.
Residential use antennas shall mean the residential or personal, noncommercial use of
any of the following:
a ground - or building - mounted receiver - only radio or TV antenna;
a ground - or building - mounted citizens band radio antenna;
a ground - or building - mounted panel antenna with a face area of less than four
and one -half (4 1/2) square feet;
1
City of Cape Canaveral
Ordinance No. 09 -97
Page 2
(iv) a ground - or building - mounted satellite dish antenna less than ten (10) feet in
diameter.
Installation of the foregoing antennas shall comply with the following restrictions:
(a) No owner, occupant or tenant of any residential use property shall erect, construct
or install any antenna, or satellite dish antenna over one (1) meter or thirty-nine
(39) inches in diameter or on a mast in excess of twelve (12) feet in height
without first obtaining a permit from the building official.
Prior to the issuance of any permit for the erection, construction or installation of
any antenna, the building official shall require an approved design placement
drawing and engineering specifications, signed and sealed by an engineer licensed
in the state, to meet all city and state laws and ordinances relating to attachment
and anchoring to achieve compliance with one hundred ten (110) mile per hour
wind zone requirements as referred in Chapter 16, Section 1606 of the Standard
Building Code.
(b)
(c) All materials that make up the installation of such antennas and supporting
structures shall be of a non - corrosive material to prevent metal fatigue from
maintenance neglect.
(d) No earth station antenna exceeding one (1) meter or thirty- nine(39) inches in
diameter shall be mounted onto the top of side of any single - family building
duplex or triplex.
(e) Earth satellite dish antennas in excess of one (1) meter or thirty -nine (39) inches
in diameter shall be allowed only in the rear or side yard in all zoning districts.
Placement shall not be allowed in the front yard of any lot or parcel in any zoning
district. Compliance with the side setback is required. The rear setback should be
complied with, except when compliance prevents installations.
(f) All electrical installations for the purpose of erection of antennas shall be in
accordance with the electrical code adopted in Section 82 -116 and all applicable
city ordinances. Installation of all antennas shall not be within ten (10) feet
horizontally of any overhead power transmission line.
(g)
In all zones, ground- mounted earth station antennas shall be erected at the
minimum height which allows satellite reception, not to exceed seven (7) feet in
R -1 and R -2 zones and twenty -two (22) feet in all other zones. The measurement
shall be calculated from the established grade to the dish center.
G: \CityaltiOrdinances ZONING Earth station Antennas.doc
City of Cape Canaveral
Ordinance No. 09 -97
Page 3
(h) The maximum outside diameter allowed for a dish receiver is ten (10) feet, and
only one (1) satellite dish antenna exceeding one (1) meter or thirty -nine (39)
inches in diameter shall be allowed on any lot or parcel of land.
(i) Any ground- placed antenna drive mechanism, less than six (6) feet high to its
lowest point, shall be fenced or screened by a six (6) foot high fence at least
eighty (80) percent opaque at its base.
SECTION 3. SEVERABILITY. If any section, paragraph, phrase, or word of
this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the
remaining portions hereof, and it shall be construed to have been a legislative intent to
pass this Ordinance without such unconstitutional or invalid part.
SECTION 4. CONFLICTING PROVISIONS. Any ordinance or resolution, or
parts of an ordinance or resolution, in conflict herewith are repealed.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its adoption.
ADOPTION BY the City Council of the City of Cape Canaveral, Florida, this
2nd day of °'ssettember, 1997.
A'1TI ST:
-11? 7411 '.r%.�
John K. Porter, MAYOR
FOR
Burt Bruns Second
Tony Hernandez Motion
Sandra O. Sims, CITY CLERK Buzz Petsos X
Kohn B tt, C Y- Y ATTORNEY
G:\CityClIdOrd nanceslZONINGEarth Station Antennas.doc
John Porter X
Rocky Randels
AGAINST
Posted: August 6, 1997
Publish: August 22, 1997
First Reading: August 5, 1997
Second Reading: September 2, 1997
1
City of Cape Canaveral
Ordinance No. 09 -97
Page 4
Copies: P&Z
Building Official
G: \CityClk\Ordinances\ZONING\Eatth Station Antennas,doc