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Section 1207.16    Dish-Type Satellite Antennas

  1. Purpose
    Council hereby finds and determines that the guidelines and restrictions contained in
    this section are necessary to ensure the following health, safety and aesthetic
    objectives:

    1. Safety Objectives:
      1. To minimize obstructions to visibility around streets, sidewalks and
        driveways;
      2. To reduce potential attractive nuisance to children, animals, etc.;
      3. To reduce the exposure of the antenna to high wind forces, particularly
        from tornadoes, and reduce hazards from falling and wind-propelled
        objects;
      4. To reduce impediments to moving people and equipment near
        buildings and to avoid interference with firefighting and emergency
        ingress and egress, both at and above grade level; and
      5. To reduce potential contact and conflicts between antennas and utility
        lines, both above and below grade level.

    2. Health Objective: To limit interference with natural sunlight and the
      circulation of air and to preserve space for trees and other plants.

    3. Aesthetic Objective: To reduce the visual impact of antennas in a municipality
      containing both old and new homes, many with historic and architecturally
      significant features, and to preserve property values.

  2. Permits
    1. Permit Not Required. Except as provided under subsection (b) below, a
      permit is not required for the following types of antennas:
      1. A Small Antenna; or
      2. A Conforming Commercial Earth Station.

    2. Permit Required. A permit prior to installation is required for the following
      types of antennas:
      1. A Small Antenna installed, maintained and used in a manner requiring
        a permit under the OBBC Antenna Regulations;
      2. An antenna in an Historic District or upon a Historic Landmark (see
        Section 1207.18); or
      3. A Satellite Earth Station.

  3. Restrictions
    1. Compliance required. All antennas must comply with the applicable
      regulations in this section, regardless of whether a permit is required. The
      regulations stated in the Table in Section 1207.16(e), below, apply to the
      indicated types of antennas. Exception: The regulations do not apply to an
      antenna located within a building.

    2. Designated Small Antenna Regulations. The City Manager shall designate all
      other regulations from codes other than this section that apply to Small
      Antennas, by listing them on a document to be made readily available to
      antenna users. The City Manager shall only include those regulations which
      are: (i) necessary to accomplish a clearly defined safety objective, and (ii) no
      more burdensome to affected antenna users than is necessary to achieve the
      stated objective. The City Manager shall state each such safety objective in
      the document. A copy of this section shall also be made readily available to
      antenna users. The regulations stated in the document, plus any others made
      applicable by this section, are the only City regulations applicable to Small
      Antennas.

    3. Notification. The City must be notified within thirty (30) days of the
      installation of any antenna not otherwise requiring a permit prior to
      installation on a form provided by the Department of Community
      Development.

    4. Conforming Commercial Earth Stations. Conforming Commercial Earth
      Stations must comply with Chapter 1444 of the City of Hudson Codified
      Ordinances.

    5. OBBC Antenna Regulations and Ohio Fire Code. Small Antennas and
      Satellite Earth Stations must comply, where applicable, with Section 3109.0 of
      the OBBC and Section 1301:7 of the Ohio Fire Code, which are specifically
      incorporated into the Codified Ordinances of Hudson pursuant to Sections
      1414.01 and 1610.01, respectively.

    6. Regulations Specific to Satellite Earth Stations:
      1. A free-standing antenna shall not be constructed in any front or side
        yard, but shall be constructed to the rear of the primary structure.
        Roof-mounted antennas are prohibited unless construction of a freestanding
        antenna in the rear yard materially limits transmission or
        reception. If roof-mounted, antennas shall be mounted only upon the
        portion of the roof of a primary structure that faces the rear yard or on
        an accessory structure in the rear yard, as defined in this Zoning Code.
      2. No antenna, including its concrete base slab or other substructure,
        shall be constructed less than fifteen (15) feet from any property line
        or easement.
      3. An antenna shall be placed to reasonably conceal the antenna from
        views from neighboring properties and public rights-of-way.
      4. An antenna, if ground-mounted, shall not exceed a grade height of
        fifteen (15) feet. If roof-mounted, its height shall not exceed sixteen
        (16) feet above the roof upon which it is mounted in a nonresidentially-
        zoned district. In residentially-zoned districts, the height of
        a roof-mounted antenna shall not exceed the maximum height of the
        roof upon which it is mounted. In any event, a roof-mounted antenna
        shall not exceed a height equal to the maximum permissible height of
        a building in the zoning district in which it is located.
      5. An antenna shall not exceed three (3) meters in diameter.
      6. The connection between a ground-mounted antenna and its receiving
        and/or transmitting equipment shall be placed at least four (4) inches
        beneath the surface of the ground.
      7. Any driving motor shall be limited to one hundred twenty (120) volts
        maximum power design and shall be encased in protective guards.
      8. An antenna must be grounded.
      9. No sign or advertising shall be displayed on the antenna.

  4. Variances.
    In addition to its other powers, the BZBA may grant a variance for an antenna, if: (1)
    the BZBA finds that the intended function of the antenna would be adversely affected,
    in some significant way, if the antenna had to be constructed in accordance with the
    provisions of this section, or (2) the variance is necessary to harmonize the City's
    ordinances and federal laws, rules or regulations. A variance under this section does
    not require a showing of unnecessary hardship.

  5. Table
    In the following table, "X" means that the regulation applies to the indicated type of
    antenna, and "N/A" means that it does not apply. The numbered notes are integral
    parts of this table and the regulation.