(A) Essential services.
(1) Essential services, as defined in § 154.005, shall be permitted as authorized and regulated by state, federal, and local ordinances and laws, it being the intention hereof to exempt those essential services from those regulations governing area, height, placement, and use of land in the city which would not be practical or feasible to comply with.
(2) Although exempt from certain regulations, proposals for construction of essential services shall still be subject to site plan review, it being the intention of the city to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands. Essential services shall comply with all applicable regulations that do not affect the basic design or operation of those services.
(B) Exemptions to height standards. The height limitations of this chapter shall not apply to chimneys, church spires, public monuments, wireless transmission towers, water towers, and flag poles, provided that the following requirements are complied with.
(1) Wind-driven energy devices. The maximum height of wind-driven energy devices shall be 35 feet, provided that the device is set back from all property lines a distance equal to the height of the device. The devices shall be located in the rear yard of a residential district, and shall be subject to the regulations in §§ 150.20 and 150.21 of this Code.
(2) Antennas in residential districts. Private television antennas, pole antennas, and other private communication antennas or towers shall be permitted in residential districts as follows.
(a) Rooftop antennas. Except as otherwise noted in this subdivision, antennas having a wind resistance surface of seven square feet or less may be located on the rooftop, provided that any such antennas shall not exceed 45 feet in height, measured from the base to the top of the antenna.
(b) Freestanding antennas. Except as otherwise noted in this subdivision, freestanding antennas shall be permitted subject to the following conditions.
1. Freestanding antennas shall be permitted in the rear yard only.
2. Freestanding antennas shall be set back from all property lines a distance equal to 20% of the tower height.
3. Freestanding antennas shall not exceed 60 feet in height, measured from grade level.
4. Any freestanding antenna shall be located to obscure its view from adjacent properties and roads, to the maximum extent possible.
(c) Open element and monopole antennas. Open element and monopole antennas shall be permitted in residential districts, provided they do not exceed 60 feet in height, measured from grade level. Such antennas shall be set back from all property lines a distance equal to 20% of the antenna height.
(d) Satellite dish antennas. Satellite dish antennas shall be subject to the regulations in § 154.039 of this chapter.
(3) Antennas in nonresidential districts. Television antennas, pole antennas, and other communication antennas or towers shall be permitted in nonresidential districts as follows.
(a) Rooftop antennas. Except as otherwise noted in this subdivision, antennas having a wind resistance surface of seven square feet or less may be located on the rooftop, provided that any such antennas shall not exceed 45 feet in height, measured from the base to the top of the antenna. Any such antenna shall be located to obscure its view from adjacent properties and roads, to the maximum extent possible.
(b) Freestanding antennas. Except as otherwise noted in this subdivision, freestanding antennas shall be permitted subject to the following conditions.
1. Freestanding antennas having a wind resistance surface of seven square feet or less shall be permitted in the side or rear yard. Freestanding antennas having a wind resistance surface of more than seven square feet shall be permitted in the rear yard only.
2. Freestanding antennas shall be set back from all property lines a distance equal to 20% of the tower height.
3. Freestanding antennas shall not exceed 60 feet in height, measured from grade level.
4. Any freestanding antenna shall be located to obscure its view from adjacent properties and roads, to the maximum extent possible.
(c) Open element and monopole antennas. Open element and monopole antennas shall be permitted in nonresidential districts, provided they do not exceed 60 feet in height, measured from grade level. Such antennas shall be set back from all property lines a distance equal to 20% of the antenna height.
(d) Satellite dish antennas. Satellite dish antennas shall be subject to the regulations set forth in § 154.039.
(4) Variances. Variances from height standards may be sought from the Zoning Board of Appeals. In considering such a request, the Zoning Board of Appeals shall consider, at minimum, the character of the surrounding uses, the height of surrounding structures, the potential to obscure light or view to or from existing buildings or surrounding properties, and potential detriment to the use or value of surrounding properties.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999