[Amended 7-20-2009 by Ord. No. 09-44; 2-15-2010 by Ord. No. 10-05; 4-7-2014 by Ord. No. 14-08]
A.Â
Purpose and intent. The Village may enact a Zoning Ordinance under
§ 62.23, Wis. Stats., to regulate commercial communication
structures as defined herein.
(1)Â
The purpose of this section is to regulate commercial communication
structures subject to the provisions and limitations of this section
and § 66.0404, Wis. Stats.
(2)Â
This section is intended to:
(a)Â
Maintain and ensure that a nondiscriminatory, competitive and
broad range of telecommunications services and high-quality telecommunications
infrastructure, consistent with the Federal Telecommunications Act
of 1996 and § 66.0404, Wis. Stats., is provided to serve
the community, as well as serve as an important and effective part
of the Village's law enforcement, fire, rescue and emergency response
network.
(b)Â
Provide a process for obtaining necessary permits for commercial
communication structures while at the same time protecting the interests
of Village citizens.
B.Â
AIRPORT OVERLAY DISTRICT PERMIT
ANTENNA
APPLICATION
BUILDING PERMIT
CAMOUFLAGED MOBILE SERVICE SUPPORT STRUCTURE
CLASS 1 CO-LOCATION
CLASS 2 CO-LOCATION
CO-LOCATION
COMMERCIAL COMMUNICATION STRUCTURE
COMMERCIAL COMMUNICATION STRUCTURE PERMIT
DISTRIBUTED ANTENNA SYSTEM
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FALL ZONE
MOBILE SERVICE
MOBILE SERVICE FACILITY
MOBILE SERVICE PROVIDER
MOBILE SERVICE SUPPORT STRUCTURE
PROPAGATION MAP
PUBLIC UTILITY
SEARCH RING
SUBSTANTIAL MODIFICATION
(1)Â
(2)Â
(3)Â
(4)Â
SUPPORT STRUCTURE
UTILITY POLE
Definitions. The definitions set out below shall apply to this section and shall control with respect to commercial communication structures in the event of any inconsistency between these definitions and the definitions set forth in Article XXI of this chapter.
A permit or site plan approval from the City of Kenosha pursuant
to Section 13 of the City of Kenosha Zoning Ordinance related to any
land in the Village of Pleasant Prairie within the established approach,
overflight or height overlay districts.
Communications equipment that transmits and receives electromagnetic
radio signals and is used in the provision of mobile services.
A permit issued by the Village that authorizes an applicant
to conduct construction activity that is consistent with the Village's
Building Code.
A mobile service support structure that is used for the purpose
of making it less obtrusive and/or more aesthetically pleasing with
appropriate materials and/or coloration that conceals the structure
by making it more difficult to see in that it blends in with the surrounding
landscape. A water tower, a transmission tower and a silo are examples
of camouflaged mobile service support structure.
[Amended 7-20-2020 by Ord. No. 20-26]
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a free standing support structure for the facility but
does need to engage in substantial modification.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility or
does not need to engage in substantial modification.
Class 1 or Class 2 co-location or both.
Includes the mobile service support structure and the mobile
service facility as defined in this section.
A permit, other than a building permit, or approval issued
by the Village which authorizes any of the following activities by
an applicant:
A network of spatially separated antenna nodes that is connected
to a common source via a transport medium and that provides mobile
service within a geographic area or structure.
An area surrounding or adjacent to the base of an existing
support structure within which is located mobile service facilities.
A support structure that exists at the time a request for
permission to place mobile service facilities on a support structure
is filed with the Village.
The area over which a mobile service support structure is
designed to collapse.
Has the meaning given in 47 U.S.C. § 153(33).
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
associated equipment, that is necessary to provide mobile service
to a discrete geographic area, but does not include the underlying
support structure.
A person/company who/that provides mobile service.
A freestanding structure that is designed to support a mobile
service facility.
A map that shows signal strength and other engineering evidence
from the proposed site in relation to existing and other proposed
mobile service support structures.
Has the meaning given in § 196.01(5), Wis. Stats.
A shape drawn on a map to indicate the general area within
which a mobile service support structure should be located to meet
radio frequency engineering requirements, taking into account other
factors, including topography and the demographics of the service
area.
The modification of a mobile service support structure, including
the mounting of an antenna on such a structure, that does any of the
following:
For structures with an overall height of 200 feet or less, increases
in the overall height of the structure by more than 20 feet (as measured
from the original permitted height), unless a greater height is necessary
to avoid interference with an existing antenna.
For structures with an overall height of more than 200 feet,
increases in the overall height of the structure by 10% or more (as
measured from the original permitted height), unless a greater protrusion
is necessary to shelter the antenna from inclement weather or to connect
the antenna to the existing structure by cable.
For structures with an increase in the width of the support
structure by 20 feet or more (as measured from the original permitted
width), unless a larger area is necessary for co-location. The increase
is measured at the level of the appurtenance added to the structure
as a result of the modification.
For increases in the square footage of an existing equipment
compound to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support
a mobile service facility, including a mobile service support structure,
utility pole, water tower, building, or other structure.
A structure owned or operated by an alternative telecommunications
utility, as defined in § 196.01(1d), Wis. Stats.; public
utility, as defined in § 196.01(5), Wis. Stats.; telecommunications
utility, as defined in § 196.01(10), Wis. Stats.; political
subdivision; or cooperative association organized under Ch. 185, Wis.
Stats., and that is designed specifically for and used to carry lines,
cables, or wires for telecommunications service, as defined in § 182.017(1g)(cq),
Wis. Stats.; video service, as defined in § 66.0420(2)(y),
Wis. Stats.; for electricity; or to provide light.
C.Â
Commercial communication structure permit required. No person shall construct, repair, replace, install, enlarge, or alter any commercial communication structure, as defined by this section, unless a valid permit for said structure has first been issued pursuant to this section and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate action to prosecute the violation of this chapter. See § 420-22 of this chapter for additional information related to a zoning permit for a commercial communication structure, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.
D.Â
New construction or a Class 1 co-location.
(1)Â
Subject to the provisions and limitations of this section, the Village
has enacted this section of the Zoning Ordinance under § 62.23,
Wis. Stats., to regulate and require the issuance of a commercial
communication structure permit for any of the following activities:
(2)Â
Applications for a commercial communication structure permit for activities described in Subsection D(1)(a) are made on forms obtained from the Village's Community Development Department. Except as otherwise specifically provided in this section, each applicant shall accurately and legibly complete the application form and shall file it along with 10 full-sized sets of the plans and other materials and information identified below, one set in which all such plan sheets reduced to fit 11 inches by 17 inches for easy handling, together with the commercial communication structure permit fee, which shall be payable at the time of application. (Required fees are set out in Article V of this chapter.) The Village follows § 66.0404(2)(c), Wis. Stats., and prefers an application include the following:
(a)Â
Name, address, telephone number and fax number (and cell phone
number and email address, if applicable) of the applicant and of the
project manager or principal contact individual for purposes of the
application.
(b)Â
Whether the applicant is the owner of the subject real property
and, if not, either proof of the applicant's legal interest in the
subject real property (e.g., accepted offer to purchase, lease, etc.,
which may be appropriately redacted to preserve confidential information)
or written authorization signed by the owner for the applicant to
act as the owner's agent in connection with the application.
(c)Â
Name, address, and telephone number (and fax number, cell phone
number and email address, if applicable) of each owner, developer,
user or occupant of the site other than the applicant.
(d)Â
Street address or location of the subject site.
(e)Â
Area of the subject site in acres or square feet.
(f)Â
Tax parcel number(s) of any lot(s) or parcel(s) included within
the site.
(g)Â
Current zoning district(s) of the site.
(h)Â
Whether the site is located within the Airport Overlay District
and requires an Airport Overlay District permit from the City of Kenosha
and proper approvals/permits have been obtained.
(i)Â
Whether the site is served by public sanitary sewer and public
water supply and, if not, where the closest public sanitary sewer
and public water facilities are located relative to the site.
(j)Â
All current principal and accessory uses of the site, whether
they are proposed to be continued, and all proposed principal and
accessory uses of the site.
(k)Â
The gross floor area and height of each existing building on
the site and whether it is proposed to be continued, and the gross
floor area and height of each proposed structure or building.
(l)Â
A detailed written operational plan description of the proposed
project or activity giving rise to the need for plan approval.
(m)Â
If an application is to construct a new mobile service support
structure, an inventory, a propagation map and a listing of all of
the applicant's existing towers and antennas which are located within
the Village boundaries and within 2,650 feet of the exterior of the
Village boundaries. The inventory shall specify the location, antenna
height, and structure type of each of the applicant's existing towers
currently in operation and an indication of the ability of the existing
structures to accommodate additional co-location antennas.
(n)Â
Plans indicating security measures (i.e., access, fencing, lighting,
cameras, Knox® padlock, etc.).
(o)Â
If the application is to substantially modify an existing support
structure, a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
(p)Â
If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed mobile
service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment, to be placed on or around
the new mobile service support structure.
(q)Â
If an application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose co-location, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that co-location
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider. If the
service area is inadequate, map the areas where service is inadequate.
(r)Â
(s)Â
With respect to any nonconforming structure on the site, proof
of legal nonconforming structure status (that the structure and each
addition to it was legal when it was built);
(t)Â
For both Class 1 and Class 2 co-locations, provide written approval
to the Village from any homeowners' association or commercial owner's
association having review and approval authority.
(u)Â
A description of all local, county, state and federal permits
or approvals relating in any way to land use, buildings, development
control, land division, environmental protection, sewer service, water
service, stormwater management, streets and highways or fire protection
that are required for or with respect to the project or activity for
which site and operational plan approval is sought and an appropriate
citation to the controlling statute, regulation or other law regarding
each such permit or approval; and
(v)Â
A list of all documents, materials or information attached to
the application form.
(3)Â
Waiver. The Village Zoning Administrator may waive in writing any
application requirement which is not necessary for the effective review
and determination of the application. Such waivers may be issued at
a preapplication conference or at any time during the application
or review process. A preapplication conference with the Zoning Administrator
or other Village zoning staff members is required for the purpose
of discussing the application requirements, as they apply to a particular
proposed project or activity, and potential waivers of such requirements.
(4)Â
Complete application. If the Village does not believe that the application
is complete, the Village shall notify the applicant in writing, within
10 days of receiving the application, that the application is not
complete. The written notification shall specify in detail the required
information that was incomplete. An applicant may resubmit an application
as often as necessary until it is complete.
(5)Â
Notice. Within 10 days of its receipt of a complete application,
the Village shall mail notice by first-class mail to the last known
address of the applicant, the owner of the subject lot or site, and
the owners of all real property located within 300 feet of said property
(interested parties). Failure of any person to receive actual notice
of the request shall not invalidate any action taken by the Village.
Interested parties may submit written comments to the Zoning Administrator
regarding the application within 20 days from the date that the written
notice is mailed.
(6)Â
Review. Within 90 days of its receipt of a complete application,
the Village shall complete all of the following or the applicant may
consider the application approved, except that the applicant and the
Village may agree in writing to an extension of the ninety-day period:
(a)Â
Review the application to determine whether it complies with
all applicable aspects of the Village's zoning, building and fire
codes and subject to the limitations in this section.
(b)Â
Make a final decision whether to approve or disapprove the application.
(c)Â
Notify the applicant, in writing, of its final decision.
(d)Â
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(e)Â
The Village may hire expert consultants to review any technical
information submitted with the application. Costs incurred by the
Village will be billed to the applicant, except the applicant shall
not be billed for any travel expenses incurred in the consultant's
review of the application materials.
(7)Â
The Village may deny an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection D(2)(q).
(8)Â
A party who is aggrieved by the final decision of the Village under Subsection D(6)(b) may bring an action in the Circuit Court of Kenosha County.
(9)Â
Upon completion of the project, a letter of compliance shall be submitted
by the applicant to the Village Zoning Administrator to verify the
work has complied with all Village conditions and was completed pursuant
to the approved permit. The applicant shall also provide any updated
name and contact information for the tower representative.
E.Â
Class 2 co-location on existing support structures and other modifications.
(1)Â
Subject to the provisions and limitations of this section, the Village
has enacted this section of the Zoning Ordinance under § 62.23,
Wis. Stats., to regulate and require the issuance of a commercial
communication permit for the following activities:
(2)Â
Complete application. The Village follows § 66.0404(3)(b), Wis. Stats., and prefers that an applicant seeking a commercial communication structure permit to engage in any activity listed in Subsection E(1) submit an application containing all of the information required under Subsection D(2) and (3). If any of the required information is not in the application, the Village shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(3)Â
Review. Within 45 days of its receipt of a complete application,
the Village shall complete all of the following or the applicant may
consider the application approved, except that the applicant and the
Village may agree in writing to an extension of the forty-five-day
period:
(a)Â
Make a final decision whether to approve or disapprove the application.
(b)Â
Notify the applicant, in writing, of its final decision.
(c)Â
If the application is approved, issue the applicant the relevant
commercial communication structure permit.
(d)Â
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(e)Â
The Village may hire expert consultants to review any technical
information submitted with the application. Costs incurred by the
Village will be billed to the applicant, except the applicant shall
not be billed for any travel expenses incurred in the consultant's
review of the application materials.
(4)Â
A party who is aggrieved by the final decision of the Village under Subsection E(3)(a) may bring an action in the Circuit Court of Kenosha County.
(5)Â
Upon completion of the project, a letter of compliance shall be submitted
by the applicant to the Village Zoning Administrator to verify the
work has complied with all Village conditions and was completed pursuant
to the approved permit. The applicant shall also provide any updated
name and contact information for the tower representative.
F.Â
Standards for commercial communication structures.
(1)Â
If the site is located within the Airport Overlay District, then
the commercial communication structure shall comply with the requirements
of an Airport Overlay District permit.
(2)Â
A commercial communication structure is allowed in any zoning district
as a permitted principal use on lots that are a minimum of one acre
in size and having a minimum lot frontage on a public street of 100
feet.
(3)Â
A commercial communication structure is allowed in any agricultural,
institutional, commercial, manufacturing, PR-1 or PR-2 Zoning District
as a permitted accessory use, provided that the lots and frontage
on a public street meet the minimum lot area and frontage requirements
of the underlying zoning district or 2.5 acres in size and having
a minimum lot frontage on a public street of 100 feet, whichever is
greater.
(4)Â
A commercial communication structure is allowed in any agricultural,
institutional, commercial, manufacturing, PR-1 or PR-2 Zoning District
as a permitted accessory use mounted on a building or other structure.
(5)Â
Freestanding mobile support structures.
(a)Â
All new freestanding mobile support structures constructed after
January 1, 2014, shall be separated by a minimum of 2,640 feet, except
where:
[1]Â
Co-location is not possible on the existing freestanding mobile
support structure that would be within 2,640 feet of the new freestanding
mobile support structure; or
(b)Â
In addition, existing freestanding mobile support structures
constructed before January 1, 2014, may be reconstructed on the same
site without meeting the separation distance requirement of 2,640
feet.
(6)Â
Setbacks and height requirements. The height of any commercial communication
structure is measured from the base of the structure at grade to its
highest point, including any associated aerials, projections or other
attached apparatus. The setback distance shall be measured from the
furthest extent of the tower, its aerials, guy wire anchor locations
or other equipment or from the foundation of a building.
(a)Â
If located within any institutional, commercial or manufacturing
zoning district, then the setback of any building/structure/equipment
associated with a commercial communication structure shall meet the
minimum setback requirements specified in the specific zoning district
in which it is being located.
(b)Â
If located in any residential, park and recreational or agricultural
zoning district, then the setback of any building/structure/equipment
associated with a commercial communication structure shall comply
with the setback requirements specified in the B-1 Neighborhood Business
District.
(c)Â
Antennas, whips, panels, or satellite and/or digital dishes
attached to an existing building shall not exceed the height allowed
in the underlying zoning district.
(d)Â
Antennas, whips, panels, or satellite and/or digital dishes
attached to an existing structure, such as water towers, transmission
towers, silos or other utility poles, shall not extend more than 20
feet above the existing height of said structure.
(e)Â
Any building/structure/equipment associated with a commercial
communication structure shall not be located within the one-hundred-year
floodplain.
(f)Â
If an applicant provides the Village with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the setback or
fall zone area required in this subsection, then the required setback
shall be reduced unless the Village provides the applicant with substantial
evidence that the engineering certification is flawed.
(7)Â
Support structures shall be designed, engineered and constructed
to handle multiple carriers.
(8)Â
The building within the equipment compound shall be designed to complement
existing architecture in the area, and the fenced equipment compound
shall be landscaped with mature foundation plants designed to enhance
the facility. Any equipment allowed to be located outside the building
within the equipment compound shall be screened from sight by mature
landscaping and shall be located or designed to minimize their visibility.
(9)Â
Equipment compounds are required to be surrounded with a six-foot-high, vinyl-coated, chain-link fence pursuant to the requirements of Article XI of this chapter, unless otherwise approved by the Zoning Administrator.
(10)Â
All equipment at the base of the tower, except a backup generator, is required to be located within a building that complies with the standards set forth in § 420-57H of this chapter.
(11)Â
If required to be lit, red or white lights shall be nonflashing
and nonpulsating, unless a different style of lighting is required
by the Wisconsin Bureau of Aeronautics or the Federal Aviation Administration.
[Amended 7-20-2020 by Ord. No. 20-26]
(12)Â
Backup generators, if present, shall be operated only during
power outages and for testing and maintenance purposes; shall be located
within the equipment enclosure and screened from public view.
(13)Â
The Village does not warrant any communication structure against
design or structural failure. The Village does not certify that the
design is adequate for any tower, and the Village hereby accepts no
liability through the issuance of a commercial communication permit.
(14)Â
Commercial communication structures shall not interfere with
or obstruct existing or proposed public safety, fire-protection or
Supervisory Control and Data Acquisition (SCADA) operation telecommunication
facilities. Any actual interference and/or obstruction shall be corrected
by the applicant at no cost to the Village.
G.Â
Limitations. With regard to an activity described in Subsection D(1) or Subsection E(1), the Village may not do any of the following:
(1)Â
Impose environmental testing, sampling, or monitoring requirements,
or other compliance measures for radio frequency emissions on mobile
service facilities or mobile radio service providers.
(2)Â
Enact an ordinance imposing a moratorium on the permitting, construction,
or approval of any such activities.
(3)Â
Enact an ordinance prohibiting the placement of a mobile service
support structure in particular locations within the Village.
(6)Â
Enact or enforce an ordinance related to radio frequency signal strength
or the adequacy of mobile service quality.
(7)Â
Prohibit the placement of emergency power systems.
(8)Â
Require that a mobile service support structure be placed on property
owned by the Village.
(9)Â
Disapprove an application based solely on the height of the mobile
service support structure or on whether the structure requires lighting.
(10)Â
Condition approval of such activities on the agreement of the
structure or mobile service facility owner to provide space on or
near the structure for the use of or by the Village at less than the
market rate or to provide the Village other services via the structure
or facilities at less than the market rate.
(11)Â
Limit the duration of any commercial communication structure
permit that is granted.
(12)Â
Require an applicant to construct a distributed antenna system
instead of either constructing a new mobile service support structure
or engaging in co-location.
(13)Â
Require that a mobile service support structure, existing structure,
or mobile service facilities have or be connected to backup battery
power.
(14)Â
Condition the approval of an application on, or otherwise require,
the applicant's agreement to indemnify or insure the Village in connection
with the Village's exercise of its authority to approve the application.
(15)Â
Condition the approval of an application on, or otherwise require,
the applicant's agreement to permit the Village to place at or co-locate
with the applicant's support structure any mobile service facilities
provided or operated by, whether in whole or in part, the Village
or an entity in which the Village has a governance, competitive, economic,
financial or other interest.
H.Â
Abandonment, removal and security for removal.
(1)Â
Abandonment. Any commercial communication structure that is not operated
for a continuous period of 12 months shall be considered abandoned.
Time may be extended upon review and approval of the Zoning Administrator,
if the tower owner demonstrates a good faith effort to secure new
tenants. In such circumstances, the following shall apply:
(a)Â
The owner of such mobile service support structure and facility
shall remove such within 90 days of receipt of notice from the Zoning
Administrator notifying the owner of such abandonment.
(b)Â
If removal to the satisfaction of the Village does not occur
within 90 days, the Village may order removal utilizing the established
security for removal as provided below and salvage.
(c)Â
If there are two or more users of a single tower, then this
provision shall not become effective until all operation of the tower
cease. The owner shall notify the Zoning Administrator when the facility
is no longer in operation.
(2)Â
Removal. It is the express policy of the Village and this section
that commercial communication structures be removed once they are
no longer in use and not a functional part of providing service and
that it is the mobile service support structure owners' responsibility
to remove such structure(s) and restore the site to its original condition
or a condition approved by the Zoning Administrator. This restoration
shall include the removal of any subsurface structure or foundation,
including concrete used to support the structure down to 10 feet below
the surface. After a communication structure is no longer in operation,
the tower owner shall have 90 days to effect removal and restoration
unless weather prohibits such efforts. The commercial communication
structure owner shall record a document with the Kenosha County Register
of Deeds showing the existence of any subsurface structure remaining
below grade. Such recording shall accurately set forth the location
and describe the remaining structure. A copy of the recorded document
shall be provided to the Village.
(3)Â
Security for removal. The owner of the commercial communication structure
shall provide to the Village, prior to issuance of a commercial communication
structure permit, a performance bond in the amount of $20,000 or a
bond equal to a written estimate from a qualified tower removal contractor
to guarantee throughout the life of the structure that the structure
will be removed when no longer in operation. The Village will be named
as the obligee in the bond and must approve the bonding company.
I.Â
Severability. If any provision of this section or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or its applications of this section that
can be given effect without the invalid provision or application,
and to this end the provisions of this section are severable.
A.Â
Zoning permit required. No person shall construct, repair, replace, install, enlarge, or alter any residential communication structure, as defined by this chapter, unless a valid zoning permit for said structure has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. See § 420-22 of this chapter for additional information related to a zoning permit for a residential communication structure, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.
B.Â
Standards for residential communication structures.
(1)Â
Radio and television transmission, receiving and relay
towers, and aerials, including amateur "ham" radio and satellite and/or
digital dishes attached to the permitted principal structure, may
be erected to a height which exceeds the height limit established
for said residential district, but in no instance shall the height
exceed a maximum height of 10 feet above the roofline of said structure
as measured from the roof ridge to the highest point of the antenna,
including any additional aerials or projections. No more than one
such structure may be attached to the permitted principal structure.
(2)Â
Freestanding radio and television transmission, receiving
and relay towers, and aerials, including amateur "ham" radio and satellite
and/or digital dishes, may be erected to a height which exceeds the
height limit established for said residential district, but in no
instance shall the height exceed the maximum height of 45 feet. The
height is measured from the base of the structure to its highest point,
including any additional aerials or projections. Said structure shall
be located in the side or rear yard; for structures less than 35 feet
in height, it shall be a minimum of 10 feet from any side or rear
property line; for structures between 36 feet and the maximum height
of 45 feet, it shall be a minimum of 15 feet from any side or rear
property line; and guy wires shall not be allowed. The setback distance
shall be measure from the furthest extent of the tower, its aerials,
projections, or other equipment. No more than one such structure may
be allowed on the property.