Unless exempt pursuant to §
130-6 of this chapter, the following general provisions shall apply:
A. Radio and television
towers and antennas (but excluding satellite dish antennas), amateur
radio transmitting and receiving towers and antennas and flagpoles
are permitted accessory uses in structures within all districts, provided
that a building permit is first issued, in accordance with the following
regulations.
(1) Radio and
television towers and antennas shall be located only on the roof of
the principal structure, and the uppermost portion of the tower (and
its base) or antenna or any components or accessories thereto may
not exceed the maximum height permitted for principal structures in
the district.
(2) Amateur radio
transmitting and receiving towers and antennas may be:
(a) Located
on the roof of the principal structure, with the uppermost portion
of the tower (and its base) or antenna or any components or accessories
thereto not to exceed the maximum height permitted for principal structures
in the district.
(b) Located
no more than three feet from the principal building on the lot, provided
that it is structurally integral with the building and has at least
three supporting elements tied directly into the building, with the
uppermost portion of the tower (and its base) or antenna or any components
or accessories thereto not to exceed the maximum height permitted
for principal structures in the district.
(c) Located
in a freestanding position on the lot, provided that the closest distance
between the tower or its base and the principal structure is greater
than three feet, with the uppermost portion or antenna or any components
or accessories thereto not to exceed the maximum height permitted
for accessory structures in the district. Freestanding towers and/or
antennas must be so situated that, should the structure fall from
whatever cause, it would not collide with any structure off the lot
in which it is located, nor with any telephone or electric power lines
or poles nor would it fall within the public right-of-way. Freestanding
towers and/or antennas may not be located in front of principal structures
and, when located on the side and rear of principal structures, must
observe the setback requirement for accessory structures in the district,
whereby the portion of the tower, base, antenna or any components
or accessories thereto (whether vertical or horizontal) closest to
the side or rear property line shall be behind the minimum setback
line.
(3) Flagpoles
may be affixed to a principal structure with the uppermost component
thereof not to exceed the maximum height permitted for principal structures
in the district. Flagpoles may be attached to the side of principal
structures or with the uppermost component thereof not to exceed the
maximum height permitted for principal structures in the district.
Freestanding flagpoles shall be permitted, provided that the uppermost
component thereof does not exceed the maximum height for accessory
structures in the district and must be set back a distance equal to
the height of the flagpole from all property lines.
[Amended 12-16-2010 by L.L. No. 13-2010]
B. There shall be no codified exceptions to the height limitations of this section, and the sections covering exceptions within each of the zoning districts of this chapter shall in no way be construed to apply to any permitted accessory uses of this §
130-14. The more restrictive requirement shall apply.
C. Radio towers,
television towers and amateur receiving and transmitting towers shall
be so designed and constructed that guy wires or others accessories
shall not cross or encroach upon any street, public space, right-of-way
or over any telephone, electric power or cable television lines or
encroach upon any other privately owned property.
D. If a freestanding tower, as permitted in §
130-14A above, is climbable from the ground up to a distance of 12 feet above the ground or if the tower and antenna require mechanical equipment associated with and necessary for operation, including an enclosure for batteries and storage cells, and if said equipment is located outside the principal structure, there shall be provided a completely enclosed (sides and top) area, the size and extent of which shall be determined by the Commissioner of Public Works or his/her division heads or agents or designee, but the extent shall be the minimum necessary for safe enclosure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. Towers and antennas as permitted in §
130-14A shall not be lighted in any way, unless such lighting is a requirement of the FAA or other controlling agency.
F. Flagpoles may
be lighted, so long as lights do not directly face the windows of
adjacent structures.