98-04 ORDINANCE NO. 98-04
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY
ADDING A NEW CHAPTER ENTITLED "SATELLITE
DISHES", PROVIDING FOR THE REGULATION OF THE
INSTALLATION, MAINTENANCE, AND USE OF
SATELLITE DISHES DESIGNED FOR OVER-THE-AIR
RECEPTION OF TELEVISION BROADCAST SIGNALS,
MULTICHANNEL, MULTIPOINT DISTRIBUTION SERVICE,
DIRECT BROADCAST SATELLITES, MULTIPOINT
DISTRIBUTION SERVICE, INSTRUCTIONAL TELEVISION
FIXED SERVICE, AND LOCAL MULTIPOINT
DISTRIBUTION SERVICE; DELEGATING REVIEW
AUTHORITY AND APPROVAL OF THE INSTALLATION
OF SUCH DISHES TO THE CITY MANAGER; PROVIDING
FOR REPEAL; PROVIDING FOR SEVERABIMTY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, Congress enacted Section 207 of the Telecommunications Act to
prohibit restrictions that impair an antenna user's ability to receive over-the-air video
programming services; and
WHEREAS, the Federal Communications Commission ("Commission") rules
require the City to re-examine its laws regulating Over the Air Reception Devices; and
WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City
Council has been designated as the local planning agency for the City pursuant to
Section 163.3174, Florida Statutes; and
WHEREAS, the City Council has reviewed the regulations set forth in this
Ordinance and has determined that such regulations are consistent with the applicable
provisions of the Comprehensive Plan of Miami-Dade County as made applicable to the
City; and
WHEREAS, it is the intent and purpose of the City to encourage and facilitate
competition and consumer choice by ensuring antenna users' ability to receive over-
the-air signals; and
WHEREAS, Section 207 of the Telecommunications Act 1996 prohibits any local
law or regulation that impairs the installation, maintenance, or use of: (1) an antenna
that is designed to receive direct broadcast satellite services that is one meter or less
Ordinance No. 98-04
Page 2
in diameter; or (2) an antenna that is designed to receive video programming services
via multipoint distribution services, including multichannel multipoint distribution
services, instructional television fixed services, and local multipoint distribution
services, and that is one meter or less in diameter or diagonal measurement; (3) an
antenna that is designed to receive television broadcast signals; or (4) an antenna that
is two meters or less in diameter and is located or proposed to be located in any area
where commercial or industrial uses are generally permitted by non-federal land use
regulation zoning; and
WHEREAS, Commission Rule 25.104(a), which applies to satellite earth station
antennas prohibits any regulation that (1) materially limits transmission or reception by
satellite earth station antennas or (2) imposes more than minimal costs on users of
such antennas, where the City cannot demonstrate that such regulation is reasonable;
and
WHEREAS, Commission Rule 25.104(b), which applies to small satellite earth
station antennas, clarifies that a regulation or restriction impairs installation,
maintenance or use of an antenna if it: 1) unreasonably delays or prevents installation,
maintenance or use, 2) unreasonably increases the cost of installation, maintenance or
use, or 3) precludes reception of an acceptable quality signal. However, Section 257
provides that any restriction otherwise prohibited is permitted if: 1) it is necessary to
accomplish a clearly defined safety objective and is applied in a non-discriminatory
manner to other appurtenances, devices, or fixtures that are comparable in size,
weight, and appearance to these antennas and to which local regulation would
normally apply; or 2) it is necessary to preserve an historic district or district eligible for
listing in the National Register of Historic Places as set forth in the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. §470(a) and imposes no greater
restrictions on antennas covered by this rule than are imposed on the installation,
maintenance or use of other modern appurtenances, devices or fixtures that are
comparable in size, weight, and appearance to these antennas; and 3) it is no more
burdensome to affected antenna users than is necessary to achieve the objectives
stated herein; and
WHEREAS, it is the intent of the City to promote the health, safety and welfare
of its citizens and visitors; and
WHEREAS, the City, located in the Southeast region of Florida, is within an area
of the United States that is subject to a relatively greater risk from hurricanes than other
areas of the country and therefore has a legitimate interest in reducing the possibility of
human and property damage from windblown satellite dish antennas; and
WHEREAS, it is also a reasonable govemmental responsibility for the City to
assure aesthetic compatibility.
Ordinance No. 98-04
Page 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Title: This Ordinance shall be entitled "Satellite Dish Ordinance"
and shall be an amendment to the City's Code of Ordinances.
Sec. 1. Definitions. For the purpose of this Ordinance, the
following terms and phrases shall apply:
A. "Antenna" means any device used for the receipt of video
programming services, including TVBS, MD$, DBS, ITFS and LMDS, and
MMDS. A reception antenna that has limited transmission capability
designed for the viewer to select or use video programming is a reception
antenna provided that it meets the Federal Communications Commission
standards for radio frequency emissions. A mast, cabling, or other
accessory necessary for the proper installation, maintenance, and use of
a reception antenna shall be considered part of the antenna. An
"antenna" within the meaning of this Ordinance expressly excludes any
device that comes within the definition of the term "Antenna" in the City
Code.
B. "Antenna User" means the person or entity that has a
direct or indirect ownership interest in, and exclusive control over, the
property upon which the antenna is located.
C. "Applicant" means any person submitting an application
within the meaning of this Ordinance.
D. "Application" means any proposal, submission or request
to install a satellite dish. An application includes an applicant's initial
proposal, submission or request, any and all subsequent amendments or
supplements of the proposal, relevant correspondence, and all written
and oral representations, and/or material made or provided to the City.
E. "Commission" or "FCC" shall mean the Federal
Communications Commission or any successor governmental entity
thereto.
F "Communications Act" means the Communications Act of
1934, 47 U.S.C. §151 et seq., as the Act has and may hereinafter be
amended.
G. "Large Satellite Dish" means any satellite earth station
antenna that is not defined as a "Small Satellite Dish".
Ordinance No. 98-04
Page 4
H. "Mast" means a structure to which an antenna is attached
that raises the antenna height.
I. "National Historic Preservation Act" means the National
Historic Preservation Act of 1966, 16 USC., §§470 et. seq., as the Act
has and may hereafter be amended.
J. "Permit" means the authorization expressly granted by the
City to an Antenna User to install an Antenna on the property wherein the
User has a direct or indirect ownership interest. The term does not
include any other authorization, including, but not limited to, a franchise,
license, or permit that may be covered by other laws, ordinances or
regulations of Federal, State, or any local government entity including
other laws or regulations of the City.
K. "Small Satellite Dish" means any receive-only satellite
earth station antenna that is two meters or less in diameter and located or
proposed to be located in any area where commercial or industrial uses
are generally permitted by non-federal land-use regulation, or a satellite
earth station antenna that is one meter or less in diameter in any area
regardless of land use or zoning category.
L. "Temporary" or "Moveable Dish" means an antenna
which is not anchored in the ground or which is not affixed to a permanent
structure.
M. "City" means the City of Aventura, Florida.
N. "VSAT" means a commercial satellite service that may use
satellite antennae less that one meter in diameter but that is not used to
provide over-the-air- video programming.
Sec. 2. Purpose1 and Intent. It is the purpose and intent of
this Ordinance to establish rules and regulations consistent with Federal
policy with respect to the installation, placement, maintenance and use of
satellite dishes designed for over-the-air reception of television broadcast
signals that (a) ensures that consumers have access to a broad range of
video programming services; (b) fosters full and fair competition among
different types of video programming services; (c) satisfy the City's
legitimate governmental interests in protecting lives and property and
promoting the public's safety, health and including, but not limited to (i)
reducing the likelihood that satellite dishes will become windblown
hurricane hazards and (ii) reducing crime and the opportunity for crime;
and (c) ensure compliance with all applicable Federal, State and local
Ordinance No. 98-04
Page 5
law, rules and regulations, including, but not limited to, the South Florida
Building Code.
Sec. 3. Small Satellite Dish Re,qulation.
A. Small satellite dish antennas are subject to the following
requirements:
1. The satellite antenna installation shall require the
approval of the City Manager or his designee.
2. The approval of the City Manager or his designee is
contingent upon the compliance by the satellite antenna with the
regulations of the City.
3. Where the construction, connection or installation of
an antenna requires a permit under the South Florida Building Code (the
"Code"), a permit shall be obtained.
4. To avoid any possibility of delay with respect to the
deployment of an antenna, any person who wishes to install or have
installed an antenna may do so without the advance filing of an
application, the advance payment of the application fee and the filing and
obtaining in advance of a permit, as such are required in this Section;
provided, however, that the installer or the person for whom the antenna
is installed must provide written notice to the City within forty-eight (48)
hours after any such installation (exclusive of weekends and legal
holidays) reporting the facts of such installation (i.e., the address of the
installation, identity of the person responsible for the antenna at the
installation site and location of the antenna as installed) as may be
required as part of the City's application and submitting the requisite fee.
Failure to comply with such requirements is a violation of this Section.
5. As soon as staff resources permit, the City will
inspect the installation to determine if it complies with the requirements of
this Section and the Code (if such Code is also applicable). Neither the
approval of the City Manager or his designee nor a permit under the
South Florida Building Code will be unreasonably withheld to delay
antenna deployment.
6. If an antenna is deployed in advance, but does not
comply with this Section, the Code or both in any respect, the City shall
not be responsible for any costs incurred in connection with any
alteration, modification, redeployment or reinstallation of an antenna in
order for it to achieve full compliance.
Ordinance No. 98-04
Page 6
7. Alternatively, the person who wishes to install an
antenna may file the application, pay the fee and obtain the permit, if one
is required, in advance of the installation.
8. If a satellite plan is in compliance with federal and
local rules, approval of the City Manager or his designee and a permit
under the Code will be issued within twenty (20) days of application,
absent exceptional circumstances.
9. Such permitting process shall be no more
burdensome than is necessary to ensure public health and safety.
10. Review and approval shall be required on an annual
renewal basis and at such time the applicant shall be required to submit
photos of the antenna taken from the street and adjacent properties. This
is necessary to assure continued compliance and to keep the City
appraised of the status of satellite communications within the City.
B. The City Manager or his designee shall review all
installations and applications for small satellite antenna approvals for
such installations within twenty (20) days of receipt of applications, absent
exceptional circumstances, to determine that the installation meets the
following permit conditions:
1. The installation or modification of a satellite earth
station shall be in accordance with all applicable construction and safety
code and procedures and shall meet the requirements of the South
Florida Building Code.
2. No antenna shall be permitted in a front yard or on
the front part of any roof which runs parallel with the front property line,
except in the instance of corner lots where only one side will be
designated the front property line (the "front" shall be the same as the
street address of the property as assigned by the United States Post
Office).
3. Every reasonable effort must be made to locate the
antenna in a manner where it is effectively screened by a fence, near a
structure or near another protective barrier which will decrease the
likelihood of a broken or dislodged antenna becoming a windblown
hurricane hazard.
Ordinance No. 98-04
Page 7
4. The City shall charge a ten dollar ($10.00)
administration fee for review of each application and installation. Such fee
shall be remitted with the application.
5. No antenna installation shall ultimately be authorized
by the City Manager or his designee unless the fee has been paid and the
installation has been approved in writing and evidence of the issuance of
a permit is produced where required.
6. The antenna shall be ground-mounted or located on
the side of a structure as close to the ground as is reasonably possible.
7. Ground-mounted satellite earth stations shall conform
to the minimum setback requirements as are required for the principal
building on the building site pursuant to the South Florida Building Code
and any applicable City Zoning Code.
8. Ground-mounted satellite earth stations shall conform
to the minimum setback requirements from the waterway as required for
the principal building location on the property pursuant to the South
Florida Building Code and any applicable City Zoning Code.
9. Ground-mounted satellite earth stations shall conform
to minimum setback requirements from power lines which shall be, at
minimum, no less than eight (8) feet from any power line over 250 volts.
10. Except as provided in subparagraph D below, no
antenna shall be placed upon a roof area that is supported by trusses.
11. Each antenna and antenna installation shall be
required to be painted in a fashion so that it blends into the background
against which it is mounted.
12. Special Requirements for temporary or moveable
antennas. The provisions of this subsection (B) shall apply to "temporary
or moveable" dish or dish antennas. All temporary or moveable dish
antennas must be removed within six (6) months after a permit has been
issued absent the receipt of approval as provided by this subsection.
C. VSAT, is not within the purview of this ordinance because it
is not used to provide over-the-air video programming.
D. If, as a result of compliance with this Ordinance's
requirements as set forth above, reception is impaired, the cost to comply
is or would be unreasonable, or the installation may be unreasonably
Ordinance No. 98-04
Page 8
delayed, the City Manager may approve plans which deviate from the
requirements of this Ordinance as follows (in order of the most acceptable
deviation to least): The following list enumerates the hierarchy of
deviations. The City Manager must deviate from requirement (a) before
deviating from requirement (b), must deviate from requirements (a) and
(b) before deviating from requirement (c), must deviate from requirements
(a), (b), and (c) before deviating from requirement (d), and must deviate
from requirements (a), (b), (c), and (d) before deviating from requirement
(e).
(a). The antenna shall not be located in a historic district
listed or eligible to be listed in the National Register of Historic Places, as
set forth in the National Historic Preservation Act of 1966.
(b). The antenna shall be ground-mounted or located on
the side of a structure as close to the ground as is reasonably possible.
(c). An antenna shall not be placed on a roof area which
is supported by trusses;
(d). No antenna shall be permitted in a front yard area or
on the front part of any roof which runs parallel with the front property line,
except in the instance of corner lots where only one side will be
designated the front property line. The "front" shall be the same as the
street address of the property as assigned by the United States Post
Office.
(e). Any other deviation from the requirements of this
Ordinance must be justified, taking into consideration the location and
surrounding structures, fences, landscaping and other features.
E. 1. Rooftop installation of satellite dish or dish antennas
will only be permitted where (a) a City Building Official/Truss
Manufacturer approves the method of attachment proposed by the
applicant before the installation; (b) the antenna is anchored to the roof in
conformance with the requirements of the South Florida Building Code;
and (c) a professional engineer certifies as safe any infrastructure
improvements made to fortify the truss system or the truss system as
designed to which the antenna will be installed. Such certification must be
obtained, absent exceptional circumstances, within twenty (20) days of
installation.
2. The installation of any antenna structure mounted on
the roof of a building shall not be erected nearer to the lot line than the
total height of the antenna structure above the roof, nor shall such
Ordinance No. 98-04
Page 9
structure be erected near electric power lines or encroach upon any street
or other public space.
3. Antenna users must obtain a special permit as
described in Section F herein, in cases in which the antennas extend
more than twelve (12) feet above the roof line in order to receive signals.
F. Mast Installation.
1. Mast height may be no longer than absolutely
necessary to receive acceptable quality signals.
2. Masts that extend 12 feet or less beyond the roof line
may be installed subject to the regular notification process. Masts that
extend more than 12 feet above the roof line must be approved before
installation due to safety concerns posed by wind loads and the risk of
falling antennas and masts. Any application for a mast that extends more
than 12 feet above the roof-line must include a detailed description of the
structure and anchorage of the antenna and the mast, as well as an
explanation of the necessity for a mast higher than 12 feet. If this
installation will pose a safety hazard to City residents and visitors then the
City may prohibit such installation. The notice of rejection shall specify
these safety risks.
3. Masts must be installed by a licensed and insured
contractor.
4. Masts must be painted the appropriate color to match
their surroundings.
5. Masts installed on a roof shall not be installed nearer
to the lot line than the total height of the masts and antenna structure
(combined height) above the roof. The purpose of this regulation is to
protect persons and property that would be damaged if the mast were to
fall during a storm or from other causes.
6. Masts shall not be installed nearer to electric power
lines than the total height of the mast and antenna structure above the
roof. The purpose of this regulation is to avoid damage to electric power
lines if the mast should fall in a storm.
7. Masts shall not encroach upon another owner's lot or
common property.
Ordinance No. 98-04
Page 10
8. Masts installed on the ground must sustain a
minimum of 120 mph winds, or such speeds as otherwise provided in the
applicable Building and Zoning Codes.
G. Applicability. The regulations in this Ordinance shall be
applied in a nondiscriminatory manner to other appurtenances, devices
and fixtures that are comparable in size, weight and appearance to the
subject antennas and to which local regulations would normally apply.
Sec. 4. Lar.qe Satellite Dish Requlation. The provisions of
Section 3 shall apply to Large Satellite Dish Antennas. To the extent that
any provision of Section 3 (1) materially limits transmission or reception
by satellite earth station antennas, or (2) imposes more than minimal
costs on users of such antennas and to the extent that the City cannot
demonstrate that such regulation is reasonable, that provision shall not
apply.
Sec. 5, Violation of Ordinance.
A. Violation of specified conditions and safeguards, when
made part of the terms under which the antenna is approved, or the
various provisions of this Ordinance, shall be deemed grounds for
revocation of permit and punishable as a violation of the Zoning Code.
B. A maximum fine of one hundred dollars ($100.00) per
violation may be imposed for any violation of this Section.
Sec. 6. Contact.
A. Both the City and the Antenna User shall provide one
another with the name and address of the contact designated to receive
notices, filings, reports, records, amendments, and other types of
correspondence or information that relate to administration and/or
enforcement of this Ordinance.
B. All notices affecting the legal rights of the parties and all
other filings, reports, records, documents and other types of
correspondence shall be in writing, and shall be deemed served when
delivered by hand or personal service, certified mail return receipt
requested, registered mail, or express delivery by the designated contact.
If such notice is not timely served, then parties shall follow State rules to
determine the consequence of the non-timely service of notice, and the
rights and remedies of the affected parties.
Ordinance No. 98-04
Page 11
Section 2. Repeal. That all ordinances or parts of ordinances (including
Miami-Dade County Code Section 33-63.1) inconsistent or in conflict herewith are
hereby repealed in so far as there is conflict or inconsistency.
Section 3, Severability, Should any section, paragraph, sentence, clause,
phrase or other part of this Ordinance be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this Ordinance as a whole or
any portion thereof, other than the part so declared to be invalid.
Section 4, Inclusion in the Code, It is the intention of the City Council, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall become effective
immediately after adoption on second reading,
Ordinance No. 98-o__~4
Page
The foregoing Ordinance was offered by Councilmember Cohen , who
moved its adoption on first reading. This motion was seconded by Councilmember
Ro§ez:s-]~J.be~:t , and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin absent
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember cohen ,
who moved its adoption on second reading. This motion was seconded by
Councilmember ]~e]:~e]: , and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger 7es
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert 3,es
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 3rd day of February, 1998.
PASSED AND ADOPTED on second reading t, bi~ 17th day of February, 1998.
Arthur I. Snydl~r, Ma~o
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City AttOrney