The purpose of this Article is to regulate the construction, erection, alteration and location of satellite dish antennas within the City, except where the Federal Communications Commission (FCC) has preempted the regulation of small antennas, which are defined as Direct Broadcast Satellite (DBS) antennas one meter (39.37 inches) or less in diameter and earth satellite dishes two meters (78.74 inches) or less in diameter in commercial and industrial districts, so as to protect the health, safety and welfare of the citizens of the City.

(Ord. 1797, Sec. 1; Code 1998)

Satellite dish antenna means any regular dish‑shaped or circular‑shaped receiving antenna constructed for the purposes of communicating or receiving signals from a satellite.

(Ord. 1386, Sec. 2)

The construction of satellite dish antennas will conform to the Uniform Building Code and the National Electric Code as adopted by the Governing Body of the City. The building permit fee for all satellite dish installations shall be as approved by the City Council. All satellite dish antennas located outside of a building and which are greater than one meter (39.37 inches) in diameter in residential districts and greater than two meters (78.74 inches) in commercial and industrial districts, shall meet the following requirements:

(a)   Maximum number per residential lot ‑ 1.

(b)   Maximum height ‑ 13 feet.

(c)   Maximum diameter ‑ 10 feet.

(d)   No satellite dish antenna shall be located in a front yard or side yard.

(e)   All satellite dish antennas shall be ground mounted and securely attached to a concrete pad.

(f)   All lines, wires or cables serving a satellite dish antenna shall be buried underground.

(g)   No satellite dish antenna shall be located nearer to the side yard lot lines than the side yard setback required for the main building.

(Ord. 1797, Sec. 2)

When an applicant can clearly demonstrate a hardship, other than a special privilege or convenience, an application may be made to the Governing Body of the City, requesting a permit for the installation of a satellite dish antenna greater than two meters (78.74 inches) in diameter upon the roof of a structure, provided, however, the following conditions are met:

(a)   The structure is a commercial, office or industrial use located within an appropriately zoned area.

(b)   The application is made by the owner of the structure.

(c)   The application is filed with the codes administrator two weeks prior to the City Council meeting date.

(d)   The satellite dish does not exceed 10 feet in diameter nor 13 feet in height.

(e)   The satellite dish is painted or coated in a color (black, brown or dark green) to make it suitably indistinguishable from its surroundings.

(f)   The satellite dish, if over two meters (78.74 inches) in diameter, is wind permeable.

(g)   That construction of and building permit fees for satellite dish antennas will conform to the uniform building code as adopted by the Governing Body of the City.

(Ord. 1797, Sec. 3)

A variance may be requested to the board of zoning appeals for satellite dishes greater than one meter (39.37 inches) in diameter in residential districts and greater than two meters (78.74 inches) in diameter in commercial and industrial districts by any person aggrieved, or by any officer of the City, provided, however that:

(a)   Variances are limited to yard regulations and may not be more than one‑half the required yard and shall not encroach upon the required setback for adjacent buildings. In no case, shall a satellite dish antenna be permitted in the front yard.

(b)   If the variance is requested for reasons of reception, that certification is provided from an authorized satellite dish antenna dealer or sales representative that the antenna cannot function properly within the limits of this Article.

(c)   The applicant must show by reason of exceptional topographic conditions or other extraordinary or exceptional circumstances, that the strict application of this Article will prohibit the uses of his or her property for the use described herein.

(Ord. 1386, Sec. 5; Ord. 1797, Sec. 4)

Violations of the provisions of this Article shall be considered a municipal offense and upon an adjudication of guilty, the violator shall be fined in accordance with Section 1‑116 of the Code of the City of Bonner Springs.