Thanks for your post and participation in the neighborhood. I believe this might be what your are referring to. The City Code does have restrictions in front set back and placement of dishes that include side yards. That said see notes below ***** this information. directly from the FCC regarding this matter. You can indeed always contact Donald Moore our zoning inspector on this or anything else.
Madison Park as you know has NO Restricted Covenants, zoning restrictions, or code enforcement rules. Those all belong to the City of Charlotte/County of Mecklenburg and the city is responsible for enforcement when they witness or learn of these issues from citizens, or government sources.
We do appreciate every ones help keeping our community looking its best!
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Section 9.604. Permitted accessory uses and structures.
(9) Satellite dishes and towers, subject to regulations of subsection 9.605
FOOTNOTES TO CHART 9.605(1): TABLE INSET:
| 1 |
If a parking deck is constructed as part of a building, the allowable F.A.R. may be increased by 50 percent. |
| 2 |
A building in a designed [designated] district may be erected to a height in excess of 40 feet, provided the minimum side yard is increased 1 foot for every 2 feet in building height in excess of 40 feet. If a building abuts a residential use outside the Research Districts or residential zoning, it may not be constructed above the 40-feet unless if the side and/or rear yard which adjoins the residential use or zoning is increased 1 foot for each foot in building height in excess of 40 feet. Height requirements for other permitted structures are set forth in section 12.108. |
CROSS-REFERENCES: Applicable buffer requirements may require a larger side or rear yard than minimum. See subsection 9.605(5). Also, larger setback and yard requirements may be required along certain streets subject to the requirements of section 12.103. Larger than minimum setback standard may be required where a nonresidential use abuts a lot in a residential district. See subsection 12.102(1). (2) Outside storage. Outside storage of any materials, supplies or products shall not be permitted in the research districts. (3) Security gate or station. A gate or security station may be located in a required yard or setback. (4) Satellite dishes and towers. Satellite dishes and towers are permitted as an accessory use provided that:
(a) They are a necessary part of a permitted use utilizing such equipment as part of its normal operation; (b) Such dishes and towers may not be located within the setback area of any lot or within the street side yard of a corner lot; and (c) Screening shall be installed on the exterior sides of such dishes and towers in accordance with section 12.303. If walls are chosen for this screening, materials must be compatible with the exterior of other buildings on the site.
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Footnote Mr. Moore why enforcing this policy discovered recently that their can be some exceptions such as when trees block reception and as you stated it is the only place the dish works. FCC policy/rules trump any local rules.
What you are referring to in the minutes of Madison Park I think was Mr. Moore in person stating about issues he has worked on on in the community recently.
What was not put in the minutes apparently was that he had a call on one location in the community where he was presented the letter stating it was the only location that worked. I believe that was over on Murrayhill. He was letting residents know that one was ok. He said he even knocked on that homes door to enforce.
At that point I said that is interesting because when the city started enforcing this and issuing fines 3 or 4 years ago I had a someone from SC contact me and asked how the city could enforce this ordinance. I referred them to our zoning inspector at that time Mark Griffin. Mark worked to have many dozens of these dishes relocated and even fined some residents.
This come directly from the FCC
Q: What restrictions prevent a viewer from receiving an acceptable quality signal? Can a homeowners association or other restricting entity establish enforceable preferences for antenna locations?
A: For antennas designed to receive analog signals, such as TVBS, a requirement that an antenna be located where reception would be impossible or substantially degraded is prohibited by the rule. However, a regulation requiring that antennas be placed where they are not visible from the street would be permissible if this placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. For example, if installing an antenna in the rear of the house costs significantly more than installation on the side of the house, then such a requirement would be prohibited. If, however, installation in the rear of the house does not impose unreasonable expense or delay or preclude reception of an acceptable quality signal, then the restriction is permissible and the viewer must comply.
1) A "dish" antenna that is one meter (39.37") or less in diameter (or any size dish if located in Alaska) and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite
This also only applies to 39.37 or less in diameter.
Click the following link to see the complete Q & A on this topic of interest to you.
http://www.fcc.gov/mb/facts/otard.html#QA
