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A. Purpose. To establish specific regulations governing the use of antennas within the various districts that have a reasonable and clearly defined health, safety or aesthetic objective and that do not operate to impose unreasonable limitations on, or prevent, reception of satellite delivered signals by receive-only antennas or to impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment. The provisions of these regulations governing antenna are based on the following legislative intent and determinations.

1. Safeguarding the Unique and Historic Beauty of the City of Mission Hills and the Principles of its Comprehensive Plan. The City of Mission Hills is a uniquely beautiful and historic residential community. Created in the early 1900s, the City was designed as the archetype of the City Beautiful Movement and became nationally and internationally renowned as the “ideal garden suburb.” The City retains its striking beauty and charm today as reflected in the high property values which the homes and estates both command.

Unlike other developments which graded off streets and alleys in rectilinear fashion without regard for topography, or the adaptability of home sites to the surrounding area and leveled hilltops or filled in valleys and cut down trees in the way, Mission Hills preserved the picturesque slopes, natural vegetation and stone-laden brooks that meander through the City. The streets are curvilinear and wind their way around the vast and diverse estates and homes, “more like country lanes.” Golf courses, parks, open spaces and boulevards reinforce the pastoral and garden character of the City. Mission Hills has no commercial district and only one church and three country clubs. The City permits only single family homes. Punctuated throughout Mission Hills are cultural and aesthetic artifacts, statuary, fountains, and monuments.

Subsequent generations preserved the beauty and integrity of Mission Hills through the adoption of the City’s Comprehensive Plan and stringent Zoning Regulations. In this way, the sense of an enclave away from the surrounding urban metropolis is preserved.

2. Potential Safety Hazard Posed by Antenna. A Large Dish Antenna located with its highest point more than twelve feet (12') above the ground level and Large Standard Antenna located with its highest point more than fifteen feet (15') above the ground level can potentially be a safety hazard to persons and property, especially in severe weather conditions. Severe weather conditions include, but are not limited to, thunderstorms with accompanying high winds, tornadoes, ice accumulation, and flooding, and are characteristic of local weather conditions. The greater the height of the Large Standard or Large Dish Antenna, the greater the risk to persons and property. For this reason, a Large Dish Antenna located with its highest point more than twelve feet (12') above the ground level and a Large Standard Antenna located with its highest point more than fifteen feet (15') above the ground level should be subject to more stringent regulation and review to minimize the safety threat to persons and property.

3. Visual Blight of Antenna. Both Large and Small Standard and Dish Antenna can be a visual blight on the City as a result of an antenna’s location, size, design and color. Requiring both Large and Small Standard and Dish Antenna to be located on a property in a manner that minimizes the negative impact of the antenna causes little or no cost to the user of such an antenna, provided that such location does allow the antenna to receive or transmit its intended signal. The ARB can appropriately regulate the location of all antenna under the provisions of Section 5-140. The larger any antenna is, the greater the visual blight on the neighborhood. For this reason, Large Standard Antenna and Large Dish Antenna should be subject to more stringent screening regulations than Small Standard or Dish Antenna to lessen the negative aesthetic impact of these larger antenna. In addition, the color and mounting of all antenna should be in conformity with the color, style and design of surrounding structures.

4. Property Value Concern. The larger a Standard or Dish Antenna are, the more likely the adverse effect on the aesthetic quality of the City, with a resulting depreciation of property values. This potential adverse effect is particularly acute in Mission Hills given the unique and historic character of the City which the City makes a strong effort to enhance through other land use regulations.

5. Findings as to Large Antenna. After analyzing health, safety and aesthetic issues related to Standard and Dish Antenna, the City finds that Small Standard and Dish Antenna can be adequately regulated under the Zoning Regulations that are applicable to all structures, including the approval of the ARB in accordance with the provisions of Section 5-143. The City further finds that Large Standard and Large Dish Antenna should be subject to additional regulation by the ARB as set forth in Section 5-131.D.

6. Reasonable Regulation. Because the size of an antenna and the nature and character of the property on which an antenna will be located will vary greatly throughout the City, the ARB is charged with evaluating each antenna on a case by case basis when applying the applicable provisions of Sections 5-143 through 5-149 and, when appropriate, the provisions of Section 5-131.D implementing all applicable Zoning Regulations, the ARB should not impose costs on the user of such an antenna that are excessive in light of the purchase and installation cost of the equipment.

B. Antenna, Small Standard. Small Standard Antennas are permitted in the various districts of the City provided that any such antenna complies with all applicable Zoning Regulations.

C. Antenna, Small Dish. Small Dish Antennas are permitted in the various districts of the City provided that any such antenna complies with all applicable Zoning Regulations.

D. Antenna, Large Standard and Dish. Large Standard and Large Dish Antennas are permitted in the various districts of the City provided that any such Large Antenna complies with all applicable Zoning Regulations and provided further that the ARB shall require that such Large Antenna shall be located and adequately screened in compliance with all applicable Zoning Regulations and in a manner that is in general conformity with the style and design of surrounding structures and in a manner and to the extent practical that prevents the antenna from being observed from any street or from surrounding properties. In addition, a Large Dish Antenna shall not be allowed more than twelve feet (12') above ground level at its highest point and Large Standard Antenna shall not be allowed more than fifteen feet (15') above ground level at its highest point. Notwithstanding the foregoing requirements, upon application to the ARB, the ARB shall to the extent necessary waive the location and screening requirement that prevents the antenna from being observed from the street or surrounding properties and the height limitation requirement if the ARB determines that:

1. Such height, location or screening requirement prevents the Large Dish Antenna or Large Standard Antenna from receiving or transmitting signals;

2. Such location or screening requirement imposes costs on the user of such antenna that are excessive in light of the purchase and installation cost of the equipment; or

3. The size or height of such antenna is in general conformity with the style and design of surrounding structures and does not under the circumstances present a safety concern or adversely affect the value of surrounding properties.

E. Regulations Applicable to All Antenna. The color and mounting of all Large and Small Standard or Dish Antenna shall be in general conformity with the color, style and design of surrounding structures. [Ord. 1267, 09-14-09.]