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§ 8-1-4 SITE LOCATIONS.
   (A)   Residential and home occupation aerials. Aerials intended for residential and home occupation use may be allowed on all residentially zoned and used properties. HAM aerials are included in this designation.
   (B)   Commercial, industrial and public/ semi-public aerials.
      (1)   Commercial, office, public. Aerials intended for commercial, office, industrial and public/semi-public use are prohibited on residentially zoned and used properties and/or historically designated properties; with the exception of properties with MHP or RVP zoning districts.
      (2)   Administrative review. Aerials proposed on public/semi-publicly owned properties shall be required to undergo an administrative review process.
      (3)   Conditional use permit. Aerials proposed on properties zoned for commercial or industrial purposes, or properties with MHP or RVP zoning designations, shall be required to go through the conditional use permit process and the associated public hearings before the Planning and Zoning Commission.
(Prior Document, § 8-1-4) (Ord. 985, passed 3-18-1997; Ord. 1440, passed 1-17-2017)
§ 8-1-5 GENERAL SITE DEVELOPMENT REGULATIONS.
   (A)   Aerials.
      (1)   Aerials located on public or semi-public property shall have a maximum height allowance that is compatible to existing communication structures on the subject property. If no other wireless communication facilities exist on the subject property, then the height shall be consistent with other existing structures within the city, subject to approval by the Director of Development Services.
      (2)   Overall height of the aerials on commercial and industrial zoned property, or properties with MHP or RVP zoning designations, shall meet the maximum height requirement of the zoning district plus 10 feet. Proposed aerials exceeding this height may request an exception during the conditional use permit process for an aerial exceeding the maximum height allowed; except those wireless communication facilities that meet the criteria as listed in division (B)(1) of this section.
      (3)   All aerials, either based on the ground or based on an existing structure, shall require a building permit. The building permit requirements shall include adequate engineering analysis and details of the location of support devices, including but not limited to footing, guy wires and braces conforming to all applicable codes, as adopted by the city, to the satisfaction of the Building Official.
      (4)   The section of masts and towers more than 30 feet above ground shall have a cross-section that can be fitted within a square with a side of 12 inches, unless an exception is granted by the Planning and Zoning Commission through the conditional use permit process.
   (B)   Antenna.
      (1)   An antenna consisting of a single vertical element not more than 4 inches in diameter in lieu of a horizontal arrangement shall have a maximum height of 65 feet and be an original manufactured antenna. HAM antennas exceeding the 65-foot height limit are required to apply for an exception as outlined in Vol. II, § 8-1-10.
      (2)   Antennas and/or guy wires shall not overlap adjoining properties and shall not encroach upon an easement without the written consent of the owner of the easement, which shall be attached to the application for the building permit.
   (C)   Masts and towers.
      (1)   Concentration of towers and masts. The number of towers and detached masts exceeding 8 inches in diameter at the base and 30 feet in height above ground level allowed per lot shall be as follows:
 
Lot Size
Maximum Number of Towers and Detached Masts
Less than 30,000 square feet
1
30,000 square feet or more
2; additional towers, and detached masts, above 2, not meeting the criteria stated in Vol. II, § 8-1-5(C)(1) require conditional use permit approval by the Planning and Zoning Commission
 
      (2)   Wood. Wood towers shall not be erected.
      (3)   Location on parcel. Masts and towers must be located to the rear of the property in accordance with placement of accessory structures on a parcel and shall not be closer than 6 feet to any property boundary.
      (4)   Conditions. All aerial mast and tower approvals intended for commercial, office, industrial, or manufactured home or recreational vehicle parks shall be conditioned to allow the collocation of aerials and related facilities of other commercial, office, and industrial users where appropriate and feasible.
   (D)   Associated facilities. Back-up power generators shall comply with the setbacks of the zoning districts and city’s noise standards as outlined in Apache Junction City Code, Vol. I, § 10-1-12.
(Prior Document, § 8-1-5) (Ord. 985, passed 3-18-1997; Ord. 1440, passed 1-17-2017)
§ 8-1-6 SPECIFIC SITE DEVELOPMENT REGULATIONS.
   (A)   Residential and home occupation aerials. Aerials with panel or dish antennas of more than 10 square feet shall comply with the setbacks and height limits for accessory structures.
   (B)   Commercial, industrial and public, semi-public properties.
      (1)   Aerials mounted on buildings may extend 6 feet above the building parapet wall. An additional 1 foot of height is allowed for every 10 feet that the aerial is set back from the parapet, to a maximum height of 10 feet above the building parapet, before a height exception is required.
      (2)   Detached masts and towers shall be located no closer to a residentially zoned property, other than MHP or RVP zoned properties, than 50 feet or a distance equal to 1 foot for every 1 foot of structure height, whichever is greater. Building mounted aerials should be located a minimum of 50 feet horizontally from any residentially zoned property.
(Prior Document, § 8-1-6) (Ord. 985, passed 3-18-1997; Ord. 1440, passed 1-17-2017)
§ 8-1-7 DESIGN AND SITING REVIEW.
   (A)   For aerials requiring discretionary review, the Director of Development Services or the Planning and Zoning Commission shall review the design and siting of the aerial. The primary objective is to blend the design of the aerial into the surrounding environment, or site the aerial in such a manner to minimize the visual intrusiveness of the structure.
   (B)   This review may include but not be limited to the following criteria:
      (1)   The weighing of the design and site advantages and disadvantages of a wall-mounted aerial versus a roof-mounted aerial versus a freestanding aerial;
      (2)   The use of colors, materials and textures to integrate the aerial into the surrounding environment or building;
      (3)   The use of landscaping to screen the aerial and its associated structures;
      (4)   The proximity and visibility of the aerial to residential properties and public rights-of-way;
      (5)   The dispersal of aerial locations to avoid visual clutter;
      (6)   The concentration of aerial locations to avoid visual clutter;
      (7)   Opportunities for collocation of aerials on existing masts and towers where visual intrusiveness is reduced;
      (8)   The design of the building which houses the related equipment and its compatibility with the adjoining building architecture; and
      (9)   The balancing of aesthetic concerns with the need to provide a functional communications system.
(Prior Document, § 8-1-7) (Ord. 985, passed 3-18-1997)
§ 8-1-8 APPLICATION REQUIREMENTS.
   In addition to the standard application requirements listed in Vol. II, § 8-1-7, the applicant may be required to provide the following materials:
   (A)   A master plan shall be prepared by the provider of all facilities that can be reasonably foreseen, showing the proposed aerial locations within a 1-mile radius of the proposed site(s). The purpose of this requirement is to identify opportunities for clustering, dispersal and collocation of aerials to reduce visual intrusiveness.
   (B)   Erection of a mock aerial (model aerial to scale), and a computer simulation of sight-line elevations for all aerials, to help assess the visual effects.
   (C)   Documentation that the technology and usage of that technology meets Federal Communications Commission adopted safety standards.
(Prior Document, § 8-1-8) (Ord. 985, passed 3-18-1997)
§ 8-1-9 PERMITTING.
   (A)   For all zoning districts, aerials that exceed maximum height limits require a height exception except as otherwise provided in Vol. II, § 8-1-10.
   (B)   All city approvals for new aerials and modifications of existing aerial approvals shall be conditioned to require the removal of the aerial and its associated facilities if the aerial is not used for its permitted purpose for a period of 180 days. The property owner or applicant shall bear the entire cost of demolition and site restoration.
(Prior Document, § 8-1-9) (Ord. 985, passed 3-18-1997)
§ 8-1-10 EXCEPTIONS.
   (A)   Exceptions may be granted by the Planning and Zoning Commission for tower and mast cross section widths and aerial heights exceeding the maximum limits where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of the Article result from strict application of the Article provisions.
   (B)   A request for exception must be submitted on a form as prescribed by the Director of Development Services. The application shall be accompanied by a fee prescribed by City Council resolution. Upon receipt of an exception application, a time and place for a public hearing before the Planning and Zoning Commission shall be set. A Notice of Public Hearing for an exception under this Article shall be given in the same manner as provided in Vol. II, § 1-16-7 of the Zoning Ordinance for the City of Apache Junction. The Planning and Zoning Commission may grant the exception based upon all the following findings:
      (1)   That the literal enforcement of the provisions of this Article will result in restrictions inconsistent with the spirit and intent of this Article;
      (2)   That granting of an exception will not result in a condition that will be detrimental or injurious to property or improvements in the vicinity and will not be materially detrimental to the public health, safety or welfare; and
      (3)   That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic.
   (C)   After closing the public hearing, the Planning and Zoning Commission may approve, conditionally approve or deny the application for exception. The Commission’s decision on the exception request may be appealed to the City Council as provided for in the Zoning Ordinance for the city.
(Prior Document, § 8-1-10) (Ord. 985, passed 3-18-1997)