(a) For purposes of this subsection (a), “Residence District” means any zoning District provided for within Chapter 1139, Chapter 1141 and Chapter 1159. In addition, for purposes of this subsection (a), “Residence District” means any District provided for within Chapter 1155 that encompasses residential uses.
Neither a communications tower nor an antenna is a permitted use of any land located within a Residence District. No person shall build, erect or construct a communications tower or antenna upon any land located within a Residence District unless and until a variance therefor is granted by the Board of Zoning Appeals. No such variance may be granted unless the following requirements are satisfied:
(1) The applicant has demonstrated by clear and convincing evidence that the proposed antenna cannot be located on any other existing communications tower in the vicinity; and
(2) The proposed communications tower will be placed a minimum of one hundred (100) feet from every property line; and
(3) All related buildings and structures will be architecturally compatible with any adjacent structures; and
(4) Screen fencing and landscaping will be used for safety, aesthetic, and buffer purposes; and
(5) The applicant has demonstrated by clear and convincing evidence that a technically suitable and feasible site is not available in a non-Residence District; and
(6) The proposed communications tower is the least aesthetically intrusive tower for the neighborhood and function; and
(7) The applicant can and does comply with any other applicable zoning requirements and has obtained, or can and will obtain, all other appropriate governmental approvals.
Any communications tower and antenna built, erected or constructed to date upon any land located within a Residence District shall be, and hereby is, a nonconforming use. Any such communications tower and antenna shall be permitted to remain, and it may be used as a collocation for any new antenna so long as a variance therefor, as previously discussed with this section, is granted.
No communications tower or antenna to be built, erected or constructed within a Residence District shall exceed seventy (70) feet in height.
Notwithstanding any provisions to the contrary existing previously within this subsection (a), towers not in excess of seventy (70) feet in height and supporting an amateur radio antenna(s) are a permitted use of any land located within a Residence District, without the need of a variance therefor, so long as they are located within the rear yard.
(b) Communications towers and antennas may be located, built, erected or constructed in the following zoning districts, subject to the following limitations:
A communications tower (except for a lattice tower) with a height not exceed one hundred (100) feet. A lattice tower is not a permitted use of any land located within any of these districts.
(2) Any Manufacturing B District provided for within Chapter 1151:
A communications tower with a height not exceeding two hundred (200) feet.
(c) All permitted communications towers and antennas shall be set back a distance of one hundred fifty (150) feet from the street right-of-way.
(d) No person shall build, erect or construct a communications tower or antenna not permitted by this chapter unless and until a variance therefor is granted by the Board of Zoning Appeals.
(e) Structure Mounted Antenna. In all zoning districts, towers, antennas, and all related facilities mounted on buildings, water tanks, or other structures other than free-standing or guyed communications towers must not extend more than fifteen feet above the highest part of the structure. The antenna shall project less than fifteen feet above the highest part of the structure. The antenna shall project less than fifteen feet above the building surface on which it is located (an additional foot of height can be added for every fifteen feet the antenna is set back from the building parapet to a maximum height of twenty feet), or the antenna is located on an existing building that is legally non-conforming in terms of height and the antenna does not project above the building. Building mounted or existing tower mounted antennas may be permitted. The height limitations for free-standing towers do not apply to structure mounted antennas. Antennas mounted on buildings or other structures shall be located to minimize visual impacts and shall be architecturally integrated into the structure. The construction of new architectural elements shall be considered as a means of providing additional height and of camouflaging antennas. Ancillary equipment shall be adequately screened. When possible, the antenna shall be architecturally integrated into the building, and all ancillary equipment shall be adequately screened. The use of steeples, bell towers, and water towers is encouraged.
(Ord. 11762/04. Passed 4-14-04.)