(a) Amateur radio antennas. Except as otherwise provided by Federal or state law or determinations of that law, an amateur radio station antenna structure, such as but not limited to a HAM radio station, may be erected at heights and dimensions sufficient to accommodate amateur service communications upon the showing of a need for a reasonable accommodation with regard to the Town’s height regulations for reception or transmission purposes by the applicant. Consistent with Federal administrative determinations, Town code provisions relating to height are not intended to preclude amateur service communications.
(b) Waiver from height regulations.
(1) Chimneys, cupolas, spires, and television antennae. For the purpose of permitting the placement of non-structural and/or non- functional decorative type structures on the roof of residential buildings that would exceed the maximum height permitted in a zoning district, such structures shall not be included in the measurement of height provided all of the following conditions are met:
a. The structure is decorative or, in the placement of a chimney or television antenna only, may be functional.
b. The structure is neither habitable, air conditioned, finished, nor occupiable space.
c. The structure conforms to the specific definitions and conditions listed below.
d. The part of the chimney that rises above the roof line shall comply with but not exceed the minimum height in the Florida Building and Safety Codes.
e. Cupolas exceeding the maximum building height shall be limited as follows:
1. Maximum dimensions shall be 36 inches by 36 inches by 36 inches.
2. A maximum of four cupolas exceeding the allowed building height are permitted per structure.
f. Spires that exceed the maximum building height shall have a maximum base of 24 inches by 24 inches and a maximum height of 42 inches.
g. Television antennas shall be permitted to exceed the maximum allowed height of a structure by 56 inches.
h. Elevator towers and equipment rooms shall be allowed to exceed the maximum building height by a maximum of ten feet. Any elevator tower and equipment room shall be the minimum size and height necessary to accommodate the elevator utilized. Documentation of the necessary height and size of the elevator tower and equipment room shall be provided by a licensed elevator contractor.
(`75 Code, Appendix A, Art. VII, § 11) (Ord. passed 9-26-72; Am. Ord. 2004-01, adopted 9-15-04; Am. Ord. 2006-08, adopted 8-30-06; Am. Ord. 2017-05, adopted 12-20-17)