CC Ordinance 1630a
ORDINANCE NO. 1630
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTER 21.61 -
PROVISIONS APPLYING TO SPECIAL USES -
OF THE CAMPBELL MUNICIPAL CODE ADDING
REGULATIONS FOR SATELLITE DISH ANTENNAS
UNDER 21.61.060 (TA 86-05)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter 21.61 - Provisions Applying to Special Uses of the Campbell Municipal Code is'hereby amended by adding Chapter
21.61.060 - Regulations for Satellite Dish Antennas - as set forth in
Exhibit A,'attached hereto.
SECTION TWO: This Ordinance shall become effective thirty days following
its passage and adoption and shall be published once within fifteen days
upon passage and adoption in the San Jose Mercury News, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 20th day of January 19 87 , by the
following roll call vote:
AYES: Councilmembers: Kotowski, Podgorsek, Watson, Ashworth, Doetsch
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: L'
Bar ara Olsasky, City e
APPROVED:
Ralph D e ch, r., Mayor
EXHIBIT A PROPOSED ORDINANCE
Proposed Amendment to Satellite Dish Regulations
21. 61_060 Satellite Dish Antennas. The City Council of the City
of Campbell finds that satellite dish antennas of greater than
three feet in diameter tend to be highly visible, and conse-
quently cause visual blight to the detriment of the community's
aesthetics and welfare. This visual blight could be expected to
detract from the overall desireability of real property in the
community, depressing property values and contributing to general
deterioration. Therefore, subject to the exceptions set forth in
subsection C, the City hereby requires that all satellite dish
antennas larger than three feet in diameter established to re-
ceive transmissions from satellites shall conform to the follow-
ing regulations:
A. Residential Zoning Districts. Dish antennas to be
erected in any residential zoning district shall conform to
the following regulations:
1. Shall not be visible from a public or private
street, unless adequately screened by landscaping
and/or materials that harmonize with the elements and
characteristics of the property;
2. Shall not be located in any front yard or any
yard adjacent to a public or private street;
3. The maximum height shall be fourteen feet;
4. Shall be set back from the property line a
distance equal to the height of the antenna;
5. Shall not be located in parking or driveway
areas.
B. All Nonresidential Zoning Districts. Dish
antennas to be erected in any nonresidential zoning district
shall conform to the following regulations:
1. Shall not be located in parking or driveway
areas;
2. Shall not be located in any front yard, yard
adjacent to any public or private street, or in any re-
quired setback;
3. Shall not be visible from any public or pri-
vate street unless adequately screened by landscaping
and/or materials that harmonize with the elements and
characteristics of the property;
4. Shall not be higher than the maximum height
allowed by the district.
C. Exceptions. Notwithstanding subsections A and B,
the users of the satellite dish antennas shall be granted
such deviations from the regulations of this section as are
necessary to insure that such regulations will not:
1. Operate to prevent, or impose unreasonable
limitations on the reception of satellite delivered
signals; or
2. Impose cost on the users of such antennas that
are excessive in light of the purchase and installation
cost of the equipment.
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The deviation permitted by this subsection may not be any
greater than is necessary to achieve the ends of this sub-
section.
D. Application for Approval. Prior to installing any
dish antenna regulated by this section, a site plan and
elevations shall be submitted for approval of the planning
director, along with the reasons for any requested deviation
from the regulation of subsection A or B. If no deviation
is requested, the director shall review the proposed place-
ment for compliance with this section and approve, disap-
prove or modify the proposed placement. If approved by the
planning director, a building permit application shall be
submitted as required and a building permit obtained prior
to installation. The applicant shall have the right to
appeal the determination of the planning director to the
Planning Commission by submitting a written request to the
Planning Department within ten (10) days of the director's
determination.
E. Referral of Request for Deviation. All requested
deviations from the regulations of subsections A or B shall
be referred to the Planning Commission.
F. Hearing by the Planning Commission. In the event
of an appeal or referral to the Planning Commission, the
applicant shall be notified at least ten (10) days prior to
the hearing that he has a right to appear and address the
commission. Such notice shall specify the date, time and
location of the hearing. At the hearing, the commission
shall review all relevant evidence, and render a determina-
tion as follows:
1. If the commission finds that all the applic-
able requirements of subsection A and B have been met,
it shall approve the application;
2. If the commission finds that the requirements
of subsection A and B have not been fulfilled, and no
deviation is required pursuant to subsection C, then
the commission should deny the application;
3. If the commission finds that deviation is re-
quired pursuant to subsection C, the commission shall
approve the application subject to the necessary devia-
tions.
If the Planning Commission approves the application, the
applicant shall then obtain any building permit that may be
required, prior to installation.
G. Appeal to City Council. Any decision of the Plan-
ning Commission may be appealed to the city council by sub-
mitting a written request to the city clerk within ten (10)
days after the determination of the Planning Commission.
The city council shall then hold a hearing in the same
manner as set for for the commission in subsection F.
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