The following improvements must be approved by the Building Inspector.
(A) new houses
(B) townhouses
(C) condominiums
(D) haciendas
(E) all commercial construction
(F) house renovations/alterations involving plumbing or electrical modifications.
(G) house additions
(H) swimming pools, hot tubs, spas, in ground wading pools
(I) patios
(J) sprinkler systems
(K) slabs
(L) solar panels (small solar energy systems)
(1) Accessory use: A small solar energy system is allowed as an accessory use in all districts.
(2) General standards: Small solar energy systems must be designed and located to avoid glare or reflection onto 1) neighboring properties, inclusive of properties across an alley, easement, or street, and 2) adjacent roadways. The devices shall not interfere with traffic or create a safety hazard, and must meet the following applicable requirements:
(a) 1. Ground-mounted small solar energy systems are considered structures and must meet applicable setbacks for the zoning district and shall be located in the rear yard.
2. The solar panel collector and supporting framework of the small solar energy system cannot exceed more than six feet above the existing grade.
(b) Roof-mounted small solar energy systems located on pitched roofs shall be mounted as flush as possible to the roof, but in any case, shall not extend more than 12 inches above the point of attachment.
1. Roof-mounted small solar energy systems on flat roofs cannot extend more than six feet above the roof surface.
2. Roof-mounted small solar energy systems must also be in compliance with the maximum building height for the applicable zoning district.
(M) towers/antennas/ham radio satellites
(1) WIRELESS COMMUNICATION FACILITY (WCF). A WCF is any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.
(2) ANTENNA ARRAY (ANTENNAS). An antenna array is one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc).
(3) WCFs and antennas are prohibited from use in any residential zoned district.
(4) Exclusion for amateur radio facilities. This chapter shall not govern the installation of any amateur radio facility that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas, which are governed elsewhere in this chapter.
(5) Amateur radio antennas (ARA). An ARA is a permitted land use and shall be subject to the following standards:
(a) Applicability. This section applies to all new construction and expansion of existing ARA's.
(b) Setbacks. All ARA must comply with the setback requirements for the zoning district in which it is located, or be setback 100% of its height from all property lines or rights-of-way.
(c) Height. In no case shall a proposed ARA exceed 45 feet in height, as measured from the average grade of the lot or tract, within the corporate limits, except where a height variance is authorized by the City of Palm Valley Council to allow a tower or antenna that demonstrates a hardship.
(d) Aesthetic standards. All ARA shall be constructed with materials and colors that match or blend in with the surrounding natural or built environments, to the maximum extent practicable. Unless otherwise required, muted (flat or non-reflective) colors, earth tones and subdued hues shall be used. If an antenna is mounted on a support structure other than a tower, the antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or significantly compatible with, the color of the supporting structure so as to make the antenna and equipment as visually unobtrusive as possible.
(e) Maintenance. Maintenance of the ARA and its grounds is the responsibility of the owner/operator of the ARA. The owner/operator shall prevent the facility from entering a state of disrepair due to negligence, vandalism, natural hazard or any other source of disrepair.
(f) Lighting. All ARA must be illuminated only as necessary to comply with the Federal Aviation Administration (FAA) or other applicable state and federal requirements. However, security lighting may be used as long as it is designed and installed to prevent glare or allow excess light spillover onto adjacent properties.
(g) Signage. ARA may not be used to exhibit any permanent or temporary signs, writing, symbols, or any graphic representation of any kind other than safety related signs.
(h) Attachment. ARA may attach to the exterior of any building provided the antenna and antenna support structure or equipment is mounted flush with the vertical exterior of the building or projects no more than 24 inches from the surface of the building to which it is attached. The attached ARA must be textured and colored so as to blend with the surface of the building.
(i) Federal Communications Commission (FCC) Compliance. The owner/operator must comply with all applicable FCC rules and regulations governing ARA's and shall submit copies of his or her license to own/operate such device at the time of application for a building permit to construct an ARA. The owner/operator must maintain the required license(s) at all times that such ARA structures are in place. Failure to do so shall make a presumption of abandonment of the use and structure, requiring its removal as described in paragraph (j), below.
(j) Abandonment. If the use of an ARA is discontinued for a continuous period of six months, the city may declare the facility to be abandoned, which excludes any dormancy period between construction and the initial use of the facility. The facility's owner/operator will receive written notice from the city and will be instructed to either re-activate the ARA's use within 90 days, or dismantle and remove the ARA. If re-activation or dismantling does not occur within 90 days, the city may remove the facility or cause it to be removed and assess the costs to the owner/operator.
(N) Wind energy devices and/or systems prohibited. Wind energy devices shall be prohibited from all zoning districts of the City of Palm Valley.
(Ord. 2015-3, passed 5-7-2015; Ord. 2020-3, passed 5-19-2020)