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A. All communication towers, antenna support structures, support facilities and antennas constructed or under construction on the date of approval of this regulation may continue in existence as a nonconforming structure and may be maintained or repaired without complying with any of the requirements of this section 16-7-2. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this section 16-7-2. Any modification or reconstruction of a tower, antenna support structure, support facilities and antennas constructed or under construction on the date of approval of this regulation shall be required to comply with the requirements of this section 16-7-2.
B. Communication towers, antenna support structures, support facilities and antennas constructed under authority of this section 16-7-2 shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public. (Ord. 52-09, 10-19-2009)
A. Support facilities shall be of a color and construction that is compatible with surrounding development.
B. Support facilities shall not be more than four hundred (400) square feet of gross floor area and more than twelve feet (12') in height.
C. Setbacks for support facilities shall be the same as the setbacks required for other structures in the zoning district in which they are located. (Ord. 52-09, 10-19-2009)
A. The operator of a communication tower shall provide the city with a copy of any notice submitted to the FCC stating their intent to cease operations. The operator or the landowner shall have ninety (90) days from the last date of operations to remove the tower and support facilities.
B. Any antenna or communication tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the operator of such antenna or tower or the landowner shall remove the same within ninety (90) days of notice from the city to remove the tower or antenna. A maximum of two (2) 12-month extensions may be granted by the city planner if the tower operator is actively seeking tenants for the tower.
C. If the operator or landowner of a tower fails, after notice, to remove the tower, the city shall begin the civil citation process. (Ord. 52-09, 10-19-2009)
Any existing communication tower or antenna which becomes nonconforming on the effective date hereof or becomes nonconforming at any future date shall be regulated according to the rules set forth in chapter 4 of this title, except as follows:
A. New antennas and support facilities may be mounted on a nonconforming communication tower.
B. A nonconforming communication tower within one thousand feet (1,000') of a historic preservation district shall be considered a legal nonconforming tower. As such, the tower may remain until it has been abandoned.
C. Should any lawful nonconforming communication tower be destroyed by any means to an extent of more than seventy five percent (75%) of its replacement cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this section 16-7-2, provided that the destruction was caused by an accident or act of God occurring after the adoption of this section 16-7-2 and such reconstruction does not increase the degree of nonconformity that existed prior to destruction. (Ord. 52-09, 10-19-2009)
Satellite dish antennas may be permitted as accessory uses provided a site plan is submitted and approved in accordance with chapter 12 of this title.
A. Not more than one ground mounted dish shall be placed on any lot less than one-half (1/2) acre; and
B. Dishes shall not exceed ten feet (10') in diameter; and
C. Dishes shall be made of noncombustible and corrosive resistant material and erected in a secure, wind resistant manner according to the specifications of the building official; and
D. Dishes shall not be used as signs or billboards (on or off premises signs); and
E. Ground mounted dishes shall only be permitted in rear yards, except that on corner lots dishes shall be allowed in side yards; and
F. Roof mounted satellite dishes shall be allowed in all nonresidential districts provided that the additional requirements shall apply:
1. The height does not exceed the maximum height restrictions of buildings within the zoning district; and
2. The dish location is a minimum of five feet (5') from any property line; and
3. In lieu of a site plan a building elevation drawing shall be required to indicate compliance with height and setback regulations; and
4. Shall not exceed either ten feet (10') in diameter for circular shapes or forty (40) square feet for other than circular shapes. (Ord. 52-09, 10-19-2009)
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