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CITY OF NORTH OLMSTED ORDINANCE NO. 2012 - 64 BY: Council Member Barker AN ORDINANCE AMENDING SECTION 1367.11 OF CHAPTER 1367 (SATELLITE DISH RECEIVING STATIONS) OF THE BUILDING CODE, ENTITLED "NO PERMIT OR FEE REQUIRED FOR CERTAIN TYPES OF SATELLITE DISH ANTENNAE," IN ORDER TO ESTABLISH SAFETY RESTRICTIONS AND TO REGULATE THE LOCATION OF DIRECT BROADCAST SATELLITES. WHEREAS, pursuant to Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission (FCC) adopted the Over-the-Air Reception Devices (OTARD) Rule which pre-empts local regulations that prohibit or unreasonably restrict direct broadcast satellites (DBS) and television broadcast stations (TVBS); and WHEREAS, the FCC Rule applies to video antennas and satellite dishes that are less than one (]) meter in diameter (39.37 inches) and prohibits restrictions that (1) unreasonably delay, prevent installation, maintenance or use of (2) unreasonably increase the costs of installation, maintenance or use of or (3) preclude reception of an acceptable quality signal for same; and WHEREAS, this Council, in recognition of the FCC Rule, adopted Ordinance No. 1998- 11 and codified Section 1367.11 in order to exempt 1 meter dishes from all permit and fee requirements for and effectively eliminated all other regulation of such equipment; and WHEREAS, it is the desire of this Council to amend Building Code Section 1367.11 of the Codified Ordinances of the City of North Olmsted to provide far the health, safety and general welfare of residents and to improve safety standards in connection with such equipment; and NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Section 1367.11, which currently reads as follows: 1367.11 NO PERMIT OR FEE REQUIRED FOR CERTAIN TYPES OF SATELLITE DISH ANTENNAE. The permit application and permit fee requirements of this chapter shall not apply to the installation, erection and/or maintenance of any of the following types of satellite dish and other antennae: (a) Satellite dish antennae which are one meter (39") or less in diameter and are designed to receive direct broadcast satellite service, including direct-to-home satellite service; (b) Satellite dish antennae or other antennae which are one meter (39") or less in diameter or diagonal measurement and are designed to receive video programming services via MMDS (wireless cable). Such antennas shall be mounted on "masts" to reach the height needed to establish line-of-sight contact