(A) Purpose. The purpose hereof is to regulate the height of strictures in order to maintain the character and scale of the predominant single-family residential development in the village.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PROTECTED RESIDENTIAL PROPERTY. Any property within the village that meets all of the following requirements:
(a) The property is zoned E, R-1, R-2, R-3, R-4 or R-5, and the property may or may not also have a planned unit development (PUD) overlay classification; or
(b) The property is used or subdivided for use as residential.
STRICTURE HEIGHT.
(a) The height of towers shall be determined by measuring the vertical distance from the tower’s point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments.
(b) When towers are mounted upon other structures, the combined height of the stricture and tower must meet the height restrictions of the applicable section of this chapter.
(C) Tower height limitations.
(1) In all protected residential property, the maximum height of any tower, including all antennas and other attachments, shall be 30 feet.
(2) In all residential zoning districts other than protected residential property, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each four feet the tower is setback from protected residential property up to a maximum height of 150 feet.
(3) In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each two feet the tower is setback from protected residential property up to a maximum height of 150 feet.
(D) Applicability. The requirements of section shall apply to all structures and developments otherwise permitted under this chapter, except:
(1) Planned developments, when approved as a part of a preliminary and final development plan pursuant hereto;
(2) Public utility structures, including, but not limited to water towers, antennas, lights and signals, power and telephone poles and poles supporting emergency warning devices;
(3) Church sanctuaries, steeples and bell towers;
(4) Multi-user towers may exceed the height limitations of this section by up to 20 feet; and
(5) In accordance with the Federal Communications Commission’s preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 40 feet in height provided that a determination is made by the Building Inspector that the proposed tower height is technically necessary to successfully engage in amateur radio communications. All towers in excess of 40 feet must be self supporting.
(E) Noncompliance. Noncompliance of characteristics of structures and site development created by the application of this section shall not in any manner limit the legal use of the property, nor in any manner limit the repair, maintenance or reconstruction of a non complying characteristic or feature; however, in no instance, shall the degree of noncompliance be increased, except as otherwise permitted by this chapter.
(1981 Code, Art. IV, O) (Ord. passed 12- -1986)