Daly City Municipal Code Ch. 15.50 Regulation of Signal Receiving or Transmitting Antennas

A. "Antenna" or "signal receiving or transmitting antenna" means any combination of wood, metal, wire or any other substance which either alone or in combination with any supports is erected or constructed for the purpose of receiving or transmitting radio, television or any other sort of electronic or other type of signal.

B. "Satellite signal receiving antenna" means a signal receiving device, the purpose of which is to receive communications or other signals directly from satellites in earth orbit and from other extraterrestrial sources.

C. "Grounding rod" means a metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.

D. "Receiver" means a television set or radio receiver or other state of the art method of receiving signals.

(Ord. 1031 § 1 (part), 1985)

No person, firm, partnership, corporation or other legal entity shall construct or erect a signal receiving or transmitting antenna without first obtaining the necessary building and/or use permit required.

(Ord. 1031 § 1 (part), 1985)

The following types of antennas are exempt from the operation of this chapter, except as to Section 15.50.050 of this chapter, when the antenna meets the requirements of subsections (A), (B) and (C) or the requirements of subsection (D), as follows:

A. The antenna whose height when added to the height of a building does not exceed the maximum height allowed for buildings in the zoning district in which the antenna is to be constructed, plus nine feet, pursuant to Section 17.40.040(A) of this code;

B. The antenna and supporting structure shall not exceed seventy-five pounds; and

C. The antenna has less than thirteen square feet of surface area;

D. An antenna installed for or on behalf of and/or the use of a governmental agency.

(Ord. 1031 § 1 (part), 1985)

The owner or occupant, with written permission from the owner of the lot, premises, parcel of land and/or building, shall first obtain a permit from the city building division. The permit shall contain the following information:

A. Name, address and telephone number of the applicant(s) and the owner of the lot, premises, parcel of land and/or building;

B. Plot plan of the lot, premises, parcel of land and/or building showing, among other things, the exact location of the proposed antenna, exact location and dimensions of all buildings and property lines;

C. Construction plans and specifications, including manufacturer's specifications and installation instructions, if any, the gross weight of the antenna and all support materials;

D. The exact location of any wiring to be required;

E. The exact location of any concrete or other material to be used as a base;

F. Any support measures that must be used for the antenna;

G. Any other information that may be required by the building division given the particular circumstances of any such erection, construction or installation;

H. In a roof mounted antenna, an engineering report prepared by a licensed civil or structural engineer showing plans and engineering calculations for wind load, bracing and foundations The applicant may substitute the manufacturer's specifications or installation instructions for the engineer report;

I. If no use permit is necessary, the names and addresses of the owners of property within three hundred feet of the property involved and an affidavit or declaration under penalty of perjury of mailing to the persons a letter setting forth the information hereinafter set forth, with a copy of the letter attached, which letter should state that the applicant is applying to install, erect or construct an antenna, that all materials in connection with the application are on file in the building division and that if there are any objections to forward the complaints to the Building Division, City of Daly City, 333 90th Street, Daly City, California, 94015, within ten days of date of letter;

J. In addition, the applicant for an antenna shall be required to obtain a use permit pursuant to the provisions of Chapter 17.44 et seq., of this code and pay a fee as established by the city council by resolution, in the event the applicant is not exempt under the provisions of Section 15.50.030 of this chapter, and must supply the following additional information: method of screening the antenna to make it as inconspicuous as possible and to blend into the surrounding area.

(Ord. 1031 § 1 (part), 1985)

A. No antenna shall be located in the front yard or side setbacks of any lot, parcel or premises, nor shall it be located on any driveway or walkway. The street address shall be determined to be the front yard of the property.

B. The antenna and all support items, including cables, etc., shall be located on the property being serviced and shall not be linked physically, electronically or by any other method to a receiver not located on the property involved.

C. The leading edge of an antenna shall be located not less than three feet from any property line of the property involved or any buildings or structures.

(Ord. 1031 § 1 (part), 1985)

All antenna shall, among other requirements, meet the following requirements:

A. All structural supports shall be of galvanized metal or other material approved by the chief building inspector.

B. It shall be designed to withstand a wind force of seventy-five miles per hour if ground mounted and eighty-five miles per hour if roof mounted.

C. Any driving motor shall be limited to 110 volts maximum power design and be encased in protective guards.

D. Must be bonded to a grounding rod.

(Ord. 1031 § 1 (part), 1985)

Wiring between the antenna and a receiver shall be placed at least four inches beneath the surface of the ground and encased in a raceway and the type of material to be used and/or method of placement of wiring between the antenna and receiver or transmitter shall be as approved by the chief building inspector.

(Ord. 1031 § 1 (part), 1985)

The antenna and any supporting structure shall be mounted directly to the roof of a primary or accessory structure, as defined in the Uniform Building Code and shall not be mounted upon appurtenances such as chimneys, towers, poles or spires.

(Ord. 1031 § 1 (part), 1985)

An application for a variance from the strict application of this chapter may be made by filing a request with the city council setting forth in detail the provisions of the code for which variance is requested and the detailed reasons for the request.

(Ord. 1031 § 1 (part), 1985)

A. Upon the building division determining that the applicant has fulfilled all the requirements of this chapter and the other applicable laws and ten days having elapsed from the mailing of the notices required by Section 15.50.040 of this chapter, the building official, if no use permit is required, shall issue the permit.

B. In the event it is determined that the applicant does not fulfill the requirements of this chapter and other applicable laws, the building official shall notify the applicant by mail, according to the last address upon the application, and inform applicant of the reasons why the application is being denied and that the applicant has the right to appeal the determination of the building official to the city council by forwarding a request to be heard to the city council within twenty days of the date the notice of denial is sent to the applicant.

(Ord. 1031 § 1 (part), 1985)

A. This chapter does not apply to antennas in existence before the passage of the ordinance codified in this chapter, only if the party owning or possessing an existing antenna conforms, as follows:

1. Files a declaration as prescribed by the building division of the city, stating, among other things:

a. Name and address of owner of property,

b. Name and address of owner of antenna,

c. Complete details of any antenna, including but not limited to height, location and placement of supporting guy wires, if any;

2. The declaration to be effective and for the antenna to be grandfathered in, must be filed with city on or before October 1, 1985;

3. No fee shall be required, charged or collected by city for the declaration.

B. In the event that the antenna must be replaced or repaired, no permit will be needed if the antenna substantially conforms to the antenna replaced or repaired, particularly as to height, weight and location.

(Ord. 1031 § 1 (part), 1985)

In addition to any of the penalties provided in this chapter, the city attorney is authorized to institute such legal action or suit in equity as may be deemed necessary to enjoin or restrain any violation of this title.

(Ord. 1031 § 1 (part), 1985)

Remedies under this chapter are in addition to and do not supersede or limit any and all other legal remedies and penalties, whether civil or criminal in nature.

(Ord. 1031 § 1 (part), 1985)

The regulations set forth in this chapter shall still be subject to the ordinances of the city where not inconsistent with this chapter, including the Building Code, Electrical Code and zoning laws of the city.

(Ord. 1031 § 1 (part), 1985)