§ 2.1.11. Utilities, communications and transportation.

Antenna.

1.

Definitions.

Antenna mast is defined as an antenna, mast or tower, or all or any two of these combined to constitute a structure designed for radio and television reception or transmission.

Antenna means a device or apparatus consisting of one or more wires or rods arranged to send and receive radio, television, electromagnetic or microwave signals. For purposes of this section, several antenna components may be assembled to perform a single function for a single operator and may be considered one antenna.

Antenna, accessory, means an antenna for the purpose of transmitting, retransmitting and/or receiving radio, television, electromagnetic or microwave signals as part of and directly related to a principal activity within an office, retail or industrial building and which itself is not a principal use or unrelated to any principal use on the property.

Antenna, amateur radio, means a radio communication antenna used by a person holding an amateur station license from the Federal Communications Commission (FCC). An amateur radio antenna shall be allowed as an accessory use in any zoning district, under the following guidelines:

(a)

Amateur antenna support structures, antenna, or support wires must be located behind the front facade of the main building, and no amateur antenna support structure, antenna, or support wires may be located in the required rear or side yard setback.

(b)

No amateur antenna support structure or antenna may be greater than the maximum height of the underlying zoning district. However, the height of such antenna support structure or antenna may be increased up to 70 feet provided the setback from side and rear setback lines is increased by one foot for every foot the height exceeds the limit specified in the underlying zoning district. In addition, the city council may consider approval of a specific use permit for any amateur antenna support structure or antenna that is proposed to exceed these height limits.

(c)

Only one amateur radio support structure may be erected on a residential lot. Additional antenna support structures may be allowed with the approval of a specific use permit.

Antenna, commercial, means an antenna for the purpose of transmitting, retransmitting and/or receiving radio, television, cellular, electromagnetic or microwave signals, and any other similar technology, primarily for the purpose of operating a business and/or for financial gain. A commercial antenna may be either mounted or freestanding as described below.

Antenna, commercial—freestanding, means a commercial antenna supported by or affixed to a freestanding pole, tower, tripod, frame or other similar structure.

Antenna, commercial—mounted, means a commercial antenna permanently affixed to the roof or other portion of a building.

2.

Antenna standards.

(a)

Antenna, accessory.

(1)

The antenna installation shall comply with the height and area regulations of the applicable zoning district.

(2)

Administrative approval of the antenna installation shall be required.

(b)

Antenna, commercial. Located entirely within any nonresidential structure allowed under the applicable zoning district regulations:

(1)

Any necessary equipment building shall be of a material allowed by the applicable zoning district, similar in color and character to the principal building on the site; or the necessary equipment shall be contained entirely within the principal building on the property or in an underground vault.

(2)

Any necessary equipment building shall be enclosed by a decorative iron fence surrounded by a screening hedge which will achieve a height of at least six feet at maturity or a masonry screening wall at least eight feet in height, compatible in color with the principal building and the equipment building.

(3)

At least one paved parking space with paved access thereto shall be provided at the antenna location; said parking space need not be reserved exclusively for use in conjunction with the antenna installation and may be one of the spaces provided for the principal use on the property.

(4)

Administrative approval of the antenna installation shall be required prior to the issuance of any permits for construction.

(5)

No more than three separate equipment buildings shall be located on a single lot.

(c)

Antenna, commercial—freestanding, when attached to a utility installation or a light pole in a public park or on public school property:

(1)

The height of the utility installation or light pole upon which the antenna is attached shall be greater than 75 feet but no more than 150 feet.

(2)

The antenna shall extend no more than ten feet above the maximum height of the utility structure.

(3)

A minimum clearance of 15 feet shall be maintained from the ground to the lowest element of the antenna.

(4)

A minimum setback of 20 feet shall be maintained from the utility installation, light pole or any equipment building to the lot line of the nearest property developed for residential occupancy.

(5)

Any necessary equipment building may be constructed of metal with a baked-on or pre-painted surface and shall not exceed seven feet in height and 75 square feet in area. The exterior surfaces shall be covered in paint or a similar coating; or the building may be built of a material allowed by the applicable zoning district for the principal building; or the necessary equipment may be contained entirely within a principal building on the property or in an underground vault. All equipment buildings shall be maintained free from graffiti.

(6)

At least one paved parking space with paved access may be required at the antenna location; this parking space need not be reserved exclusively for use in conjunction with the antenna installation and may be one of the spaces provided for the principal use on the property, if any.

(7)

Administrative approval of the antenna installation shall be required prior to the issuance of any permits for construction.

(8)

No more than three separate antennas and three equipment buildings shall be located on a single lot or structure.

(d)

Antenna, commercial—freestanding, other.

(1)

The antenna installation shall comply with the height and area regulations of the applicable zoning district and the support structure shall not exceed 125 feet in height.

(2)

The antenna shall not extend more than ten feet above the maximum height of the support structure.

(3)

Any necessary equipment building shall be of a material allowed by the applicable zoning district, similar in color and character to the principal building on the site; or the necessary equipment shall be contained entirely within a principal building on the property or in an underground vault.

(4)

The antenna and any equipment buildings shall be enclosed by a decorative iron fence surrounded by a screening hedge which will achieve a height of at least six feet at maturity or by a masonry screening wall at least eight feet in height, compatible in color and character with the principal building and the equipment building.

(5)

At least one paved parking space with paved access may be required at the antenna location; this space need not be reserved exclusively for use in conjunction with the antenna facility and may be one of the spaces required for the principal use on the property.

(6)

Administrative approval of the antenna installation shall be required prior to the issuance of any permits for construction.

(7)

No more than three separate antennas and three equipment buildings shall be located on a single lot or structure.

(e)

Antenna, commercial—mounted, 12 feet or less in height, on nonresidential structures allowed under the applicable zoning district regulations:

(1)

The total height of the structure, including the antenna, shall not exceed the maximum height of the zoning district by more than 12 feet.

(2)

A minimum clearance of 15 feet shall be maintained from the ground to the lowest element of the antenna.

(3)

Any necessary equipment building shall be of a material allowed by the applicable zoning district, similar in color and character to the principal building; or the necessary equipment shall be contained entirely within a principal building on the property or in an underground vault.

(4)

The antenna and any necessary equipment building shall be enclosed by a decorative iron fence surrounded by a screening hedge, which will achieve a height of at least six feet at maturity or a masonry screening wall at least eight feet in height, compatible in color and character with the principal building and the equipment building.

(5)

At least one paved parking space with paved access thereto shall be provided at the antenna location; said space need not be reserved exclusively for use in conjunction with the antenna facility and may be one of the spaces required for the principal use on the property.

(6)

Administrative approval of the antenna installation shall be required prior to the issuance of any permits for construction.

(f)

Replacement of an existing antenna, commercial - freestanding, other . Where an antenna installation has not been permitted under this chapter but that is considered to be a legally recognized, non-conforming structure or facility, the replacement of the antenna installation may be approved by the city council on a case-by-case basis through a specific use permit (SUP) pending the request conforms to the following criteria:

(1)

The replacement of any legally recognized, non-conforming antenna installation shall only be permitted within the Heavy Commercial (HC), Light Industrial (LI) and Heavy Industrial (HI) Districts.

(2)

The replacement antenna installation shall be set back a minimum distance equal to the height of the proposed structure from any residential property or residentially zoned property.

(3)

The existing antenna installation shall be removed from the property within 14 days of the completion of the proposed replacement antenna installation.

(4)

The height of the replacement installation shall be equal to or less than the existing antenna installation, and any additional antennas added to the structure shall not exceed the height of the replacement installation.

(5)

Any necessary equipment buildings associated with the replacement installation shall be of a material allowed by the applicable zoning district and be similar in color and character to the principal building on the site. As an alternative, the necessary equipment can be contained entirely within the principal building on the property or in an underground vault.

(6)

The antenna and any equipment buildings shall be enclosed by a decorative iron fence surrounded by a landscape screening that will achieve a height of at least six feet at maturity. As an alternative a masonry screening wall at least eight feet in height, compatible in color and character with the principal building may be used.

(7)

At least one paved parking space with paved access may be required at the antenna location. This parking space does not need to be reserved exclusively for the replacement tower use and may be one of the spaces required for the principal use on the property.

3.

Construction and maintenance requirements. All antenna masts, towers and antenna supports used for television and radio reception or transmission shall be constructed and maintained in accordance with the following requirements:

(a)

All electrical specifications of such antenna masts, towers and supports shall comply with the National Electrical Code, the electrical code of the city, Standard Building Code, and the building code of the city.

(b)

Antenna structures shall be designed in accordance with section 1205.1 of the Standard Building Code.

4.

Permit required. Any person desiring to erect or have erected an antenna more than 25 feet in height above ground level, or an antenna mast 25 feet or less in height but not erected as required by this section, shall make written application to the building inspection department for a permit to erect same. Sufficient plans and specifications, as determined by the chief building official, must accompany each application. It shall be unlawful and a violation of this division to erect, or cause to be erected, or to maintain, or cause to maintain, such antenna mast without first having obtained a permit. It shall be the duty of the permittee to request a final inspection upon completion of the antenna system. Domestic TV antennas are exempt from this section.

5.

Restrictions and limitations. All antenna systems constructed and maintained under the provisions of this section shall be subject to the following restrictions and limitations:

(a)

No such antenna system shall be more than 99 feet in height.

(b)

The location on the lot of such antenna system shall comply with the requirements of this Unified Development Code insofar as the front building line and side yard building line and requirements are concerned. No portion of an antenna system shall extend beyond the front building line on any lot, and on corner lots the side yard setback requirements shall be adhered to on the side adjacent to a public street, and where the front and side yard requirements are applicable, all portions of such structures shall be within the limits fixed by such requirements.

(c)

All antenna systems constructed under the provisions of this section shall be maintained so as to at all times comply with the requirements of this section.

(d)

The regulations contained herein shall not apply to the extent that they have been preempted by specific regulations of the FCC to the contrary.

6.

Roof-mounted equipment. All roof-mounted equipment, including fans, vents, air conditioning units and cooling towers, should be screened to eliminate the view from the ground level of adjacent properties. The screen shall be constructed of materials approved by the director of planning. Roof-mounted equipment should be placed and finished in a manner which minimizes its visibility from overhead views from nearby buildings and elevated thoroughfare sections.

(a)

The overall screening height will be the height of the tallest element of roof-mounted equipment.

(b)

The outside of the screening device should be painted or finished in a similar color to the building facade, trim or roof surface to minimize the visibility of the equipment and screen the view from ground level.

(c)

Roof-mounted equipment and the inside of the screening device should be painted similar to the color of the roof surface in order to minimize the visibility of the equipment and screening device from overhead views.

Antenna, dish. Dish antennas shall be allowed in any district as an accessory use, provided that they meet the following conditions:

1.

Dish antennas shall not be located within front or side yards, and shall be fully screened from view from streets and public or common open areas. In all cases, they must be screened to minimize the visual impact from adjacent properties.

2.

In residential districts, they shall be located only in rear yards. However, dish antennas 20 inches or smaller may be roof mounted provided that they are located behind a transverse roof ridge line and screened from adjacent properties.

3.

In commercial districts, if located on ground level, dish antennas shall be screened to the full height of the structure with landscaping. They may also be allowed on roof tops provided that they are located and screened so as to minimize visual impact from other properties in the area.

4.

In industrial districts, dish antennas may be ground or roof mounted but must be screened to minimize the visual impact from adjacent properties.

5.

If the standards above are not reasonably achievable, a specific use permit shall be obtained prior to installation of a dish antenna.

Solar energy collector panels and systems. The installation of solar energy panels and systems shall be allowed as an accessory use in all zoning districts, provided they are designed and installed in compliance with the following standards:

1.

Solar energy collector panels installed on a pitched roof shall be of a flat configuration and shall be subject to the following requirements:

(a)

Configuration of pitched roof solar energy collector panels shall be a regular quadrangular shape, flat to the roof or integrated with the roof, and aligned with the natural roof edges.

(b)

The surface of the solar energy collector panel shall not be more than six inches above the surface of the pitched roof.

2.

Solar energy collector panels installed on a flat roof, whether rack-mounted or flat-mounted, shall be screened from public view.

(a)

The height of such screening, at the minimum, shall be the height of the solar energy collector panel.

(b)

The screening may be by a parapet or screening wall replicating the materials of the building.

3.

Reflective flare of solar energy collector panels shall be minimized by the positioning of the solar collector panels or by the use of nonglare glazing.

4.

Piping, wiring and other mechanical accessories shall be concealed within a roof mounted solar energy collector panel. If some portion of the piping, wiring or other mechanical accessories cannot be practically concealed then those portions shall be painted so as to blend with the roofing material.

5.

Ground mounted or pole mounted solar energy collector panels shall be located behind the primary building, and shall be fully screened from public view by a solid screening fence or wall that meets all code requirements of the city.

6.

The maximum overall height of ground mounted or pole mounted solar energy collector panels shall not exceed 12 feet.

7.

In residential zoning districts, the total coverage area of solar energy collector panels shall not exceed 1,000 square feet on a single lot.

8.

Any solar energy collector panels or systems not meeting these requirements, or any installation of solar energy systems as the principal use on any property, shall require approval of a specific use permit (SUP).

(Ord. No. 10-14, §§ 23—25, 7-6-2010; Ord. No. 10-32, § 3, 12-6-2010; Ord. No. 18-03, § 1, 1-2-2018)