Beverly Hills Municipal Code Part I Regulation of Over the Air Reception Devices

In addition to complying with all applicable safety related development standards set forth in section 10-3-4505 of this part, the installation of all over the air reception devices must comply with all applicable building codes, fire codes, and electrical codes. In particular, electrical service must be properly grounded, and rated fire walls may not be penetrated. (Ord. 05-O-2461, eff. 3-18-2005)

The following over the air reception devices may be installed as permitted accessory uses in land use zones where residential and nonresidential uses are authorized without project review and without obtaining a building permit:

A. An antenna located in any land use zone that is designed for the following purposes and that meets the specified dimensions and height limitations:

1. An antenna that is designed to receive direct broadcast satellite service, including direct to home satellite services, provided that such antenna is one meter (1 m) (39.37") or less in diameter and is either building mounted or ground mounted and elevated by a mast.

2. An antenna that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, and such antenna is one meter (1 m) (39.37") or less in diameter or diagonal measurement and is either building mounted or ground mounted and elevated by a mast.

3. Antennas referenced in subsection A1 or A2 of this section, whether building mounted or ground mounted, may not exceed the height limitation for satellite dish antennas that is applicable to the land use zone involved, as specified in section 10-3-100 of this chapter.

B. An antenna located in any land use zone, which antenna is designed solely to receive television broadcast signals, and such antenna, whether building mounted or ground mounted, is limited to that height which is reasonably necessary to ensure the reception of television broadcast signals of an acceptable quality. (Ord. 05-O-2461, eff. 3-18-2005)

A. The following over the air reception devices may be installed in any land use zone where commercial or industrial uses are generally permitted, provided that a building permit is first obtained, and provided further that the installation complies with all applicable safety related development standards set forth in section 10-3-4505 of this part:

1. A satellite earth station antenna that is designed to receive video programming services, and the diameter or diagonal measurement of that antenna exceeds one meter (1 m) (39.37") but does not exceed two meters (2 m) (78.74"). Such antenna may be either building mounted or ground mounted and elevated by a mast, but it may not exceed the height limitation for satellite dish antennas that is applicable to the land use zone involved, as specified in section 10-3-100 of this chapter.

B. A fee may be imposed by the city for the issuance of any building permit that is required under this section.

C. The city council finds and determines that the building permit requirement imposed by this section is in the public interest and is justified by the following facts and circumstances:

1. Satellite earth station antennas that exceed one meter (1 m) in diameter or diagonal measurement but do not exceed two meters (2 m) may reasonably be expected to be of a size, weight, and bulk substantially in excess of the smaller satellite earth station antennas that are permitted accessory uses under subsection A of this section, and therefore generate legitimate safety concerns of a greater magnitude.

2. Satellite earth station antennas having a diameter or diagonal measurement between one meter (1 m) and two meters (2 m) that are proposed to be located in commercial or industrial land use zones have the potential to adversely affect the public safety, due to the concentration of substantial numbers of employees and customers in commercial and industrial buildings.

D. The city council further finds and determines that the building permit requirement imposed by this section is no more burdensome than is necessary to enable the city to achieve the following safety related objectives and thereby reduce the potential for bodily injury, death, and property damage:

1. To verify the proper mounting of these larger antennas on buildings or masts within commercial and industrial land use zones in order to reduce potential safety hazards resulting from faulty installations, including detachments attributable to windstorms, earthquakes, or other natural causes.

2. To minimize the potential for fire related hazards by verifying compliance with all applicable requirements of the city's electrical code, including those pertaining to wiring and electrical connections, grounding, and clearance from adjacent power lines.

3. To ensure that the installation is completed in compliance with all applicable building code and fire code requirements, particularly in those circumstances where fire rated walls or the roof of a structure will be subject to drilling or alteration.

4. To ensure that no antenna, nor any of its component parts or accessory facilities, encroaches into the public rights of way, thereby compromising public safety.

5. To ensure that a licensed structural or civil engineer certifies engineering calculations for all footings that may be required for the installation of a ground mounted antenna. (Ord. 05-O-2461, eff. 3-18-2005)

A. The safety related development standards set forth in this section apply in all land use zones to the siting, construction, and operation of over the air reception devices consisting of the following:

1. Satellite earth station antennas that are permitted accessory uses under subsection 10-3-4503A of this part;

2. Satellite earth station antennas that are subject to a building permit under section 10-3-4504 of this part; and

3. Satellite earth station antennas that, because of their nonconformity with the size limitations specified in sections 10-3-4503 and 10-3-4504 of this part, are subject to both project review and to the issuance of building permits.

B. The safety related development standards are specified as follows:

1. No satellite earth station antenna may be installed in any land use zone if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.

2. Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive resistant materials.

3. All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the electrical code for grounding masts and lightning arrestors.

4. All satellite earth station antennas must be separated from adjacent power lines by such vertical and horizontal distance as is required by the electrical code and by other applicable laws and regulations.

5. Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.

6. To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.

7. All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind load of the magnitude specified in the building code.

8. No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public rights of way.

9. All satellite earth station antennas must be maintained in good repair, in a neat and clean condition, and in compliance with all applicable building, fire, and electrical codes.

C. In addition to the safety related development standards set forth in subsection B of this section, the following development standards apply to the siting, construction, and operation of satellite earth station antennas in all land use zones where single-family and multi-family residential uses are authorized:

1. The diameter of a satellite earth station antenna that is subject to project review may not exceed ten feet (10').

2. A ground mounted satellite earth station antenna that is subject to project review must be located in the rear yard and in compliance with the setback requirements that is applicable to the primary structure.

3. A building mounted satellite earth station antenna that is subject to project review must be located on that building so as not to be visible from the street.

4. A building permit must be obtained for any satellite earth station antenna, whether ground mounted or building mounted, that is subject to project review.

D. In addition to the safety related development standards set forth in subsection B of this section, the following development standards apply to the siting, construction, and operation of satellite earth station antennas in all land use zones where nonresidential uses are authorized:

1. A ground mounted satellite earth station antenna that is subject to project review must be located in compliance with any applicable setback requirement.

2. No ground mounted satellite earth station antenna that is subject to project review may be located in the area between the front property line and the main building or structure. (Ord. 05-O-2461, eff. 3-18-2005)

A. Minor Accommodation Required: Under any of the following circumstances, an application for a minor accommodation must be submitted in accordance with article 36 of this chapter and, if the application is approved, a building permit must be obtained:

1. The proposed satellite earth station antenna will exceed the applicable height limitation(s).

2. The diameter or diagonal measurement of the proposed satellite earth station antenna will exceed the maximum limitation specified in subsection 10-3-4503A of this article, as it applies to antennas in land use zones other than commercial and industrial, or it will exceed the maximum limitation specified in subsection 10-3-4504A of this article, as it applies to antennas in commercial or industrial land use zones.

3. The proposed satellite earth station antenna will not comply with the applicable setback requirement set forth in subsection 10-3-4505C2 or D1 of this article.

4. The proposed satellite earth station antenna will not comply with the locational requirement set forth in subsection 10-3-4505C3 of this article.

B. Review Criteria: In considering an application for a minor accommodation relating to the siting of a satellite earth station antenna, the reviewing authority will consider the following factors, as may be applicable:

1. Whether the requested variation is necessary to enable the applicant to receive signals of an acceptable quality.

2. Whether the satellite earth station antenna will have a substantial adverse impact on the scale and massing of the streetscape.

3. Whether the satellite earth station antenna will have a substantial adverse impact on an adjacent property owner's access to light and air or on the adjacent property owner's privacy.

4. Whether the satellite earth station antenna will have a substantial adverse impact on the garden quality of the city.

C. Application: In addition to the requirements for a minor accommodation set forth in article 36 of this chapter, the application must include the following:

1. Construction drawings that show the proposed method of installation and the manufacturer's specifications, including equipment specifications that are mandated by the FCC.

2. A plot plan showing the proposed location on the site of the satellite earth station antenna, its distance from other structures on the site, and its distance from the closest structures on adjacent properties.

3. Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the Building Code. (Ord. 05-O-2461, eff. 3-18-2005)

The Director of Planning and Community Development or his or her designee may prepare and disseminate information concerning the placement and installation of satellite earth station antennas in accordance with voluntary guidelines that will help to achieve the City's safety related objectives and to promote reasonable aesthetic objectives in order to maintain property values. This information may include, without limitation, the following:

A. Installers of satellite earth station antennas who are licensed to conduct business within the City.

B. Federal regulations promulgated by the FCC that preempt governmental and nongovernmental restrictions on antenna users who occupy residential units, including residential units subject to homeowner association CC&Rs and residential units within multiple-dwelling complexes, whether owner occupied or tenant occupied.

C. The availability to existing or prospective antenna users of "no fee" safety related inspections by the City.

D. Guidelines relating to the preferred placement of satellite earth station antennas in order to reduce or eliminate their visibility from adjacent public streets, including the use of screening materials, such as walls, fences, earth berms, or landscaping, or the addition of new architectural elements that are compatible with the design of adjacent buildings.

E. Guidelines relating to preferred neutral finished colors of satellite earth station antennas, which colors are determined to blend with surrounding dominant colors, or to camouflage an antenna, and are neither bright, reflective, nor metallic. (Ord. 05-O-2461, eff. 3-18-2005)