A. Requirements:
1. Notwithstanding the setbacks provided for in subsection 8-6-9A4, table 2 of this chapter, when a residential structure is located within a 1:1 ratio of the height of the tower on adjacent or nearby property, the support tower structures shall be set back from property lines as required by that zone or a minimum of one foot (1') for every foot of tower height, whichever produces the greater setback, unless:
a. The setback is waived by the owner(s) of the residence(s) within the setback area and this waiver is recorded with the property; or
b. The tower is constructed with breakpoint design technology. If the tower has been constructed using breakpoint design technology, the minimum setback distance shall be equal to one hundred ten percent (110%) of the distance from the top of the structure to the breakpoint level of the structure, or the applicable zone's minimum side setback requirements, whichever is greater. For example, on a one hundred foot (100') tall monopole with a breakpoint at eighty feet (80'), the minimum setback distance would be twenty two feet (22') (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint) or the minimum side yard setback requirements for that zone, whichever is greater. Provided, that if an applicant proposes to use breakpoint design technology to reduce the required setback from a residence(s), the issuance of building permits for the tower shall be conditioned upon approval of the tower design by a structural engineer.
2. All equipment shelters, cabinets, or other on the ground ancillary equipment shall meet the setback requirement of the zone in which it is located. (Ord. 596, 5-24-2019)