1349.03 USE REGULATIONS.
   The following use regulations shall apply to cellular communication antennas and towers:
   (a)    (1)    A cellular communications antenna that is mounted to an existing communications tower (whether said tower is for cellular purposes or not), smoke stack, water tower or other tall structure, shall be permitted in all zoning districts. Cellular communications antenna may also be located on the top of buildings which are no less than fifty (50) feet in height.
      (2)    Any cellular communications antenna that is mounted to an existing structure as indicated above shall be painted a color which matches, or is compatible with, the structure on which it is located.
   (b)    A cellular communications antenna that is not mounted on an existing structure or is more than fifteen (15) feet higher than the structure on which it is mounted, is permitted in all zoning districts, with the exception of any single family or multifamily zoning district, as a conditional use in accordance with subsection (d) below.
   (c)    All other uses accessory to the cellular communications antenna and towers including, but not limited to business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular communications antenna and/or tower is located.
      (Ord. 00-85. Passed 9-25-00.)
   (d)   Cellular communications sites shall not be located in any single family household or multi-family household residential zoning district, nor (except as hereinafter provided) shall they be located any closer to any residential zoning district, except where the proposed location is on a structure or land owned by the Amherst Board of Education, as follows:
      (1)   Cellular communication towers less than 100 feet in height shall be located no closer than 500 feet to any residential zoning district.
      (2)   Cellular communication towers more than 100 feet but less than 150 feet in height shall be located no closer than 750 feet to any residential zoning district.
      (3)   Cellular communication towers 150 feet in height and greater shall be located no closer than 1000 feet to any residential zoning district.
In individual cases, a cellular communication tower may be located closer to a residential zoning district than the applicable minimum distance specified above if Planning Commission reports to Council that such location for the cellular communication tower will not have a detrimental impact upon the residential zoning district and Council approves such location.
      (Ord. 07-39. Passed 6-11-07.)