(A) Purpose and intent. The Communication and Utility Towers Overlay District (“CUTOD”) is intended to provide for the development of communication towers and public utility towers that will enhance the safety and welfare of the community. The underlying zoning district provisions regarding maximum height of structures shall not apply to the permitted uses within the CUTOD set forth in subsection (B) below. All other underlying zoning district provisions are neither abandoned nor repealed, but are augmented by the Communication and Utility Towers Overlay District requirements. Property shall not be eligible for inclusion in the Communication and Utility Towers Overlay District unless:
(1) The underlying zoning district is Marine-Related/Industrial, Marine- Dependent/Industrial, Public/Quasi-Public or Holding District; and
(2) The property is more than 500 feet from a residential district; or
(3) The property is more than 100 feet and less than 500 feet from a residential district and the Planning Commission has adopted a resolution, subject to appeal to the City Council pursuant to Section 8.12.210(C), finding that inclusion of the property in the CUTOD is appropriate given the additional limitations on the separation of permitted uses from existing residential structures required by Section 8.12.160(D)(5).
(B) Uses permitted. In the CUTOD no building or structure or land shall be used or erected for other than the following activities:
(1) Communication, radio and television antenna/towers and equipment;
(2) Utility generation, or distribution towers and equipment;
(3) Other similar uses not listed above which meet the “Purpose and intent” provisions of this section and would be no more objectionable than those uses listed above. The Director of Planning shall make a “Planning Determination” in this matter subject to appeal to the Planning Commission (See § 8.12.220(A)(2)).
(C) Lot size. The minimum lot size shall be 500 square feet or as specified in the underlying zoning district whichever is greater.
(D) Minimum setback requirements. The minimum setback requirements shall be as specified in the underlying zoning district. If no setback requirements are specified in the underlying zoning district setback requirements are as follows:
(1) Front. No setback distance is required, except when the property abuts a right- of-way there shall be a 10-foot setback; where the property adjoins a water body there shall be 50 foot setback.
(2) Side. No setback distance is required, except when the property abuts a right- of-way there shall be a 10-foot setback; where the property adjoins a water body there shall be 50 foot setback.
(3) Rear. No setback distance is required, except when the property abuts a right- of-way there shall be a 10-foot setback; where the property adjoins a water body there shall be 50 foot setback
If there exists questions as to the applicability of the above setback provisions, the Director of Planning shall make a “Planning Determination” in this matter subject to appeal to the Planning Commission (See § 8.12.220(A)(2)).
(E) Special provisions. The following special provisions apply to all uses within the CUTOD:
(1) All uses will comply with federal, state, and local air, water quality, and waste disposal laws and other environmental regulations;
(2) Any use is prohibited which causes or may reasonably be expected to cause excessive noise, vibration, odor, smoke, dust, or other particulate matter, humidity, heat, or glare at or beyond any lot line of the lot on which it is located. “Excessive” is defined for these purposes as a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious to the public health, safety, welfare, or convenience;
(3) The storage of flammable materials, hazardous materials, or toxic waste on-site shall be allowed only in strict compliance with federal, state, and local laws and regulations; and
(4) Materials shall be stored and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.
(5) Any antennae or tower shall be separated from any residential structure by at least 200% of the antennae or tower height.
(F) Parking regulations (§ 8.12.170(K)).
(G) General provisions (§ 8.12.170).
(Ord. 2006-09, passed 4-26-05)