Montclair Municipal Code Ch. 11.46 Antennas and Satellite Dish Antennas

This chapter is enacted in order to control the location and design of antennas and satellite dish antennas in order to protect the public health, safety and welfare and to maintain community design objectives. It is recognized that large antennas and satellite dish antennas improperly located may pose a form of aesthetic blight on the community, in that the appearance of many antennas is in conflict with architectural standards required of developments within the community. Further, it is recognized that the location of antennas at certain heights and placement may constitute a hazard to the surrounding community. The following zoning regulations pertaining to antennas are required in order to control the size and location of these objects in order to minimize aesthetic blight and to ensure proper location, attachment, and structural integrity thereby protecting the public health, safety and welfare.

This Chapter 11.46 does not apply to wireless telecommunications facilities that are subject to the regulations in Chapter 11.73 of the Code.

(Prior code § 9-6.600; Ord. No. 21-998, § IV, 9-20-21)

No person shall install, either as an owner, or as an agent, employee, or independent contractor for the owner, or otherwise, any antenna, satellite dish antenna, any additions thereto, or any substitution for any existing antenna unless said antenna installation complies with the provisions of the underlying zoning and the provisions of this chapter and a building permit is obtained, as required by this chapter.

(Prior code § 9-6.601)

The following development standards shall be met for placement or installation of antennas and satellite dish antennas in residential zoned (R-1, R-2, R-3) areas, agricultural zoned (A-1) areas, and for any other residential development:

A. Permits and General Requirements.

1. A building permit shall be required for placement of any antenna having a boom or pole arrangement 10 feet or greater in length or for any satellite dish antenna having a diameter exceeding 3 feet. Not more than one such antenna shall be permitted for any residential development or address.

2. No antenna or satellite dish antenna shall be placed or installed, nor shall a permit be issued, for properties or developments which would violate legal provisions limiting or prohibiting antennas, such as covenants, conditions, restrictions or other previous requirements of the City.

3. Antennas or satellite dish antennas in residential zones and developments shall be for domestic use only with no commercial use permitted.

B. Size Limitations.

1. Antenna boom, tower or pole arrangement shall not exceed a height or length of 12 feet in any direction.

2. Satellite dish antennas shall not exceed a diameter of 10 feet.

C. Height Limitation.

1. Ground-mounted antennas shall not exceed a height of 12 feet from grade.

2. Roof- or structure-mounted antennas, approved subject to the provisions of subsection D of this section, shall not exceed the height of the highest roof ridge line of subject structure. In no case, however, shall roof-mounted antennas exceed a height of 35 feet from grade.

D. Location and Placement.

1. Mounting. Antennas having a boom or pole arrangement of 10 feet or greater in length or any satellite dish antenna having a diameter exceeding 3 feet shall be ground mounted. The Director of Community Development, or his or her designee, may grant exception, however, for roof or structure mounting. In order to receive such exception, the applicant shall demonstrate that ground mounting is not feasible due to insufficient line-of-sight to transmitter or satellite, inadequate yard area, or other limiting physical features of the property. Roof- or structure-mounted antennas shall be located on the portion of structure least visible from public view. This will generally require placement to rear side of structure and below roof ridge lines visible from public streets.

2. Yards. Antennas and satellite dish antennas shall not be located within required front or street corner side yards. Placement of antennas in rear and interior side yards shall meet the accessory building location standards of Section 11.38.050(E)—(G) of this title.

E. Screening. Satellite dish antennas exceeding a diameter of 3 feet shall be screened from public view with no more than the upper one-third of the antenna visible from any public view. Ground- mounted antennas shall be screened with fencing, walls, landscaping or other compatible material. Roof- or building-mounted antennas shall be screened with architectural material(s) which is compatible with the design and material of the structure. All methods and materials used for screening shall require prior Planning Division approval and a separate building permit where applicable.

(Ord. 99-791 Exh. A (part); prior code § 9-6.602)

The following development standards shall be met for placement or installation of antennas and satellite dish antennas in commercial zoned areas (C-1, C-2, C-3), industrial zoned areas (M-1, M-2, MIP, office zoned areas (AP), and all other nonresidential or nonagricultural areas:

A. Permits and General Requirements.

1. A building permit shall be required for placement of any antenna having a boom or pole arrangement 10 feet or greater in length or for any satellite dish antenna having a diameter over 3 feet.

2. No antenna or satellite dish antenna shall be placed or installed, nor shall a permit be issued, for properties or developments which would violate legal provisions limiting or prohibiting antennas, such as covenants, conditions, restrictions or other previous requirements of the City.

B. Size Limitations.

1. Antenna boom, tower or pole arrangement shall not exceed a height or length of 15 feet in any direction.

2. Satellite dish antennas shall not exceed a diameter of 15 feet.

C. Height Limitation. Antennas and satellite dish antennas shall not exceed the maximum height permitted in the underlying zone.

D. Location and Placement. Antennas and satellite dish antennas shall not be located within required yard setback areas.

E. Screening. All antennas and satellite dish antennas shall be completely screened from public view. Screening shall be of fencing, walls or other architectural materials, with or without a combination of landscaping, which is compatible with the architectural design and materials of the development. All method and materials used for screening shall require prior Planning Division approval and a separate building permit where applicable.

(Ord. 99-791 Exh. A (part); prior code § 9-6.603)

The Planning Commission may grant a conditional use permit to property owners for placement or installation of antennas and satellite dish antennas which do not meet the antenna development standards of this chapter.

Such conditional use permits are subject to all provisions of Chapter 11.78 of this title, including, but not limited to, the requirement for findings of need and revocation for nuisance or noncompliance.

(Prior code § 9-6.604)

A. Antennas and satellite dish antennas and their supporting structures and hardware shall be installed and maintained in compliance with the adopted Uniform Building Code(s) and all requirements of the Building Official including attachment, foundation, noncombustion, noncorrosion, protection against falling, and grounding protection.

B. Satellite dish antennas shall not be of silver or other bright colors and shall be treated so as to not reflect glare of sunlight.

(Prior code § 9-6.605)

A. All antennas shall be maintained in good condition and in accordance with all requirements of this chapter.

B. All antennas shall be subject to periodic reinspection. No additions, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the Building Code and with the approval of the Director of Community Development.

C. Failure to abide by and faithfully comply with this chapter or with any and all conditions that may be attached to the granting of any permit shall constitute grounds for revocation of the permit.

(Ord. 99-791 Exh. A (part); prior code § 9-6.606)