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Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” by amending Section 14-231, entitled “Residential District Rules and Exceptions,” by regulating the installation of satellite dish antennas in residential districts; by making conforming amendments to Section 14-1705, entitled “Appeals to the Zoning Board of Adjustment,” and Section 14-1707, entitled “Penalties,” by amending definitions and by making certain technical changes, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:
TITLE 14. ZONING AND PLANNING.
CHAPTER 14-100. GENERAL PROVISIONS.
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§ 14-102. Definitions. In Chapters 14-100 through 14-1800 inclusive, the following general definitions shall apply:
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(116.1) Satellite Dish Antenna – An antenna that is used to: (1) receive direct broadcast satellite service, including direct to home satellite service, or receive or transmit fixed wireless signals via satellite; or (2) receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or receive or transmit fixed wireless signals other than via satellite;
(a) Large Satellite Dish Antenna – A satellite dish antenna measuring more than one meter in diameter.
(b) Small Satellite Dish Antenna. A satellite dish antenna measuring one meter or less in diameter.
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§14- 231. Residential District Rules and Exceptions.
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(10) Satellite Dish Antennas.
(a) Large Satellite Dish Antennas. The following requirements shall apply to the installation or placement of any large satellite dish antenna.
(.1) A zoning and use registration permit shall be required for the installation or placement of any large satellite dish antenna.
(.2) A large satellite dish antenna shall not be installed or placed in the front of any property or in the side yard of any corner property.
(.3) The installation or placement of any large satellite dish antenna shall comply with all minimum yard, setback and height requirements of the individual district in which it is located.
(b) Small Satellite Dish Antennas. No small satellite dish antenna shall be installed or placed in the front yard or on the front façade of any building, unless the owner or tenant of the property, within twenty-one (21) days of installation, certifies to the department, in writing, signed by a professional installer, that compliance with this section cannot be met because it would: unreasonably delay or prevent installation, maintenance or use; unreasonably increase the cost of installation, maintenance or use; or preclude reception or transmission of an acceptable quality signal. The certification shall also set forth the location of the installation or placement. Failure to submit such certification within the required time period shall be deemed a violation of this section and shall subject the owner or tenant to fines and penalties.
The department shall review any certification and in doing so, may conduct an inspection. After such review, the department shall approve the installation or placement that has been certified if any one of the criteria set forth in the certification is satisfied.
Nothing in this section shall be interpreted to require that such written certification be submitted to the Department prior to the installation or placement of any small satellite dish antenna.
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§ 14-1705. Appeals to the Zoning Board of Adjustment.
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(5) An appeal to the Zoning Board of Adjustment by a person aggrieved regarding installation or placement of a small satellite dish antenna under Section 14-231 shall automatically stay any proceedings in furtherance of the action appealed from.
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§ 14-1707. Penalties.
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(5) Small Satellite Dish Antennas. If the department issues a violation notice regarding the installation or placement of a small satellite dish antenna or disapproves an installation or placement that has been certified under Section 14-231, the owner or tenant of the property shall be granted no less than twenty-one (21) days in which to comply with the requirements of that section. No fine or penalties shall be collected if compliance is made within the twenty-one (21) day period. No fine or penalties shall accrue against the owner or tenant of the property regarding the installation or placement of a small satellite dish antenna while proceedings are pending before the Zoning Board of Adjustment or any court of competent jurisdiction, unless the department demonstrates that the owner or tenant’s claim in the proceeding was frivolous.
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SECTION 2. This Ordinance shall become effective immediately.
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Explanation:
Italics indicate new matter added.
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