Baltimore City Council
File #: 06-0362    Version: 0 Name: Zoning - Satellite Dishes - Residence and Office-Residence Districts
Type: Ordinance Status: Failed - End of Term
File created: 3/20/2006 In control: City Council
On agenda: Final action: 12/5/2007
Enactment #:
Title: Zoning - Satellite Dishes - Residence and Office-Residence Districts FOR the purpose of limiting the placement of certain accessory microwave antennas (satellite dishes) in Residence and Office-Residence Districts; providing for the discontinuance of nonconforming satellite dishes; and generally relating to accessory microwave antennas (satellite dishes).
Sponsors: President Young, Robert Curran
Indexes: Satellite Dish, Zoning
Attachments: 1. 06-0362 - 1st Reader.pdf

EXPLANATION: CAPITALS indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.

                     THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.

                     INTRODUCTORY*

 

                     CITY OF BALTIMORE

                     COUNCIL BILL          

                                                                                                                                                           

Introduced by:  Councilmember Young                                                                                            

 

                     A BILL ENTITLED

 

AN ORDINANCE concerning

Title

Zoning - Satellite Dishes - Residence and Office-Residence Districts

 

FOR the purpose of limiting the placement of certain accessory microwave antennas (satellite dishes) in Residence and Office-Residence Districts; providing for the discontinuance of nonconforming satellite dishes; and generally relating to accessory microwave antennas (satellite dishes).

Body

BY repealing and reordaining, with amendments

Article - Zoning

Section(s) 4-202(2), 4-203(2), 5-203(2), and 14-316

Baltimore City Revised Code

(Edition 2000)

 

BY adding

Article - Zoning

Section(s) 13-617

Baltimore City Revised Code

(Edition 2000)

 

SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Revised Code

 

                     Article - Zoning

 

                     Title 4.  Residence Districts

 

§ 4-202.  Accessory uses.

 

In an R-1 District, accessory uses and structures include the following:

 

(2)                     Accessory microwave antennas (satellite dishes), as follows:

 

(i)                     A mounted satellite dish that:

 

 

 

(A) is attached to the rear half of the roof of the principal building at least 5 feet beyond the center line of the roof; and

 

(B) has the following dimensions:

 

1. if constructed of solid material, it:

 

A.                     is 4 feet or less in diameter; and

 

2. projects 6 feet or less from the building on which it is mounted; and

 

2. if constructed of expanded aluminum mesh or wire screen, it:

 

1. is 6 feet or less in diameter; and

 

2. projects 8 feet or less from the building on which it is mounted.

 

(ii)                     A free-standing satellite dish that is:

 

(A) mounted on a single stanchion;

 

(B) 6 feet or less in diameter;

 

(C) less than 10 feet high; [and]

 

(D) constructed of expanded aluminum mesh or wire screen; AND

 

(E)  LOCATED IN A REAR YARD.

 

(iii) Any accessory satellite dish not exceeding 12 feet in diameter that is located:

 

(A) on the premises of a tavern, regardless of lot size; or

 

(B) on the premises one of the following uses, if the use is on lot of at least 7,500 square feet:

 

1. Convalescent, nursing, or rest homes.

 

2. Educational and cultural institutions: nonprofit or publicly owned, as specified in § 4-201(4) of this subtitle.

 

3. Hotel and motels.

 

4. Housing for the elderly.

 

5. Medical facilities: nonprofit or publicly owned.

 

 

6. Religious institutions, as specified in § 4-201(6) of this subtitle.

 

7. VFW and American Legion Posts.

 

§ 4-203.  Conditional uses - Board approval required.

 

In an R-1 District, conditional uses that require Board approval are as follows:

 

(2)                     Accessory microwave antennas (satellite dishes), as follows:

 

(i)                     A mounted satellite dish that:

 

(A) is attached to [the front half of the roof of the principal building or to] the rear half of the roof less than 5 feet beyond the center line; and

 

(B) has the following dimensions:

 

8. if constructed of solid material, it:

 

1. is over 4 feet in diameter; or

 

2. projects more than 6 feet from the building on which it is mounted; and

 

2.                     if constructed of expanded aluminum mesh or wire screen, it:

 

A.                     is over 6 feet in diameter; or

 

2. projects more than 8 feet from the building on which it is mounted.

 

(ii)                     A free-standing satellite dish that is:

 

(A) more than 6 feet in diameter;

 

(B) more than 10 feet high; [or]

 

(C) not constructed of expanded aluminum mesh or wire screen; OR

 

(D)  IS LOCATED IN AN INTERIOR SIDE YARD.

 

 

                     Title 5.  Office-Residence Districts

 

§ 5-203.  Conditional uses - Board approval required.

 

In an O-R District, conditional uses that require Board approval are as follows:

 

(2)                     Accessory microwave antennas (satellite dishes), as follows:

 

 

(i)                     A mounted satellite dish that:

 

(A) is attached to [the front half of the roof of the principal building or to] the rear half of the roof less than 5 feet beyond the center line; and

 

(B) has the following dimensions:

 

1. if constructed of solid material, it:

 

1. is over 4 feet in diameter; or

 

2. projects more than 6 feet from the building on which it is mounted; and

 

2.                     if constructed of expanded aluminum mesh or wire screen, it:

 

1. is over 6 feet in diameter; or

 

2. projects more than 8 feet from the building on which it is mounted.

 

(ii)                     A free-standing satellite dish that is:

 

(A) more than 6 feet in diameter;

 

(B) more than 10 feet high; [or]

 

(C) not constructed of expanded aluminum mesh or wire screen; OR

 

(D)  IS LOCATED IN AN INTERIOR SIDE YARD.

 

 

                     Title 13.  Nonconformance

 

§ 13-617.  SATELLITE DISHES IN RESIDENCE AND OFFICE-RESIDENCE DISTRICTS.

 

ACCESSORY MICROWAVE ANTENNAS (SATELLITE DISHES) IN A RESIDENCE OR OFFICE-RESIDENCE DISTRICT THAT HAVE BECOME NONCONFORMING, WHETHER BY AMENDMENT TO THIS ARTICLE OR BY RECLASSIFICATION OF A DISTRICT OR PROPERTY, MUST BE DISCONTINUED AND CEASE NO LATER THAN 6 MONTHS AFTER THE DATE ON WHICH THE USE BECAME NONCONFORMING.

 

 

                     Title 14.  Conditional Uses

 

§ 14-316.  Microwave antennas.

 

(a) Required findings.

 

For the placement or erection of microwave antennas (satellite dishes), the Board may consider the quality of signal reception but must find, and require as a condition of approval, that the antenna will not interfere with the rights of the adjacent and neighboring properties to light, air, and sun.

 

 

(b) Additional conditions.

 

In addition, the Board may:

 

(1)                     specify the placement of the antenna; and

 

(2)                     require screening.

 

(C)  LIMITATIONS.

 

IN NO EVENT MAY THE BOARD ALLOW:

 

(1)                     ANY  MICROWAVE ANTENNA (SATELLITE DISH) TO BE ATTACHED TO THE FRONT HALF OF THE PRINCIPAL BUILDING OR PLACED IN A FRONT OR OTHER YARD ADJOINING A STREET; OR

 

(2)                     IN AN R-1 OR O-R DISTRICT, ANY MICROWAVE ANTENNA (SATELLITE DISH) THAT IS OVER 5 FEET IN DIAMETER TO BE PLACED ON ANY PART OF THE ROOF OF ANY RESIDENTIAL PROPERTY.

 

SECTION 2.  AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.

 

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