As used in this article, the following terms shall have the
meanings indicated:
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves.
The governing body of the Borough of Kenilworth.
[1]
Editor's Note: The definitions of "alternative tower structure," "FAA," "FCC," "height," "preexisting towers and antennas" and "towers," which were previously included in this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The same terms are defined in § 120-1.4, Definitions.
A.
Purpose. The purpose of this section is to establish guidelines for
the siting of wireless communications towers and antennas.
B.
Goals. The Borough shall give due consideration to the Master Plan,
Zoning Map, existing land uses and environmentally sensitive areas
in approving sites for the location of towers and antennas in order
to effectuate the following goals:
(1)
Protect residential areas and land uses from potential adverse
impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential zones;
(3)
Minimize the total number of towers throughout the Borough;
(4)
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single
use towers;
(5)
Encourage users of towers and antenna to locate them, to the
extent possible, in areas where the adverse impact on the Borough
is minimal;
(6)
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications services
to provide such services to the Borough quickly, effectively, and
efficiently;
(8)
Consider the public health and safety of communication towers;
and
(9)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
C.
Applicability.
(1)
New towers and antennas. All new towers or antennas in the Borough shall be subject to this section, except as provided in § 120-28.2C(2) through (4), and except for those antennas, etc., governed by § 120-28.2C(5).
(2)
Amateur radio station operators/receive only antennas. This
section shall not govern any tower, or the installation of any antenna,
that is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive only antennas.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting
antennas shall not be required to meet the requirements of this section,
absent any enlargement or structural modification or the addition
of any structures.
(4)
AM array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM Broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
(5)
Satellite dish antennas. This section shall not govern any satellite
dish antennas.
(6)
All towers and antennas shall be required to receive site plan
approval and a conditional use permit from the Planning Board, except
that an application for co-location which meets the requirements of
N.J.S.A. 40:55D-46.2 shall not be subject to site plan review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. Notwithstanding any other section
of this chapter, a different existing structure on the same lot shall
not preclude the installation of an antenna or tower on such lot.
If a tower and its appurtenant structures constitute the sole use
of the lot, the tower shall be deemed to be the principal use.
(2)
Lot size. For the purposes of determining whether the installation
of a tower or antenna complies with this chapter, including but not
limited to setback requirements, lot coverage requirements and other
such requirements, the dimensions of the entire lot shall control,
even though the antennas or towers may be located on leased parcels
within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Officer an inventory of its existing
towers, antennas, or sites approved for tower or antennas, that are
either within the jurisdiction of the Borough or within three miles
of the borders thereof, including specific information about the location,
height and design of each tower. The Zoning Officer may share such
information with other applicants applying for administrative approvals
or permits under this section or other organizations seeking to locate
antennas within the jurisdiction of the Borough; provided, however,
that the Zoning Office is not, by sharing such information, in any
way representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(d)
Under no circumstances shall a wireless telecommunications tower,
antenna, or any appurtenance be situated so that the same is within
200 feet and facing the front door of any residence on property adjacent
to the proposed telecommunications facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(7)
Building codes: safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association as amended from time to time.
If, upon inspection, the Borough concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have 30 days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said 30 days shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(8)
Not essential services. Towers and antennas shall be regulated
and permitted pursuant to this section and shall not be regulated
or permitted as essential services, public utilities or private utilities.
(9)
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in the Borough have been
obtained and shall file a copy of all required franchises with the
appropriate Zoning Officer.
(10)
Public notice. For purposes of this section, any conditional
use request, variance request or appeal of an administratively approved
use or conditional use shall require public notice to all abutting
property owners and all property owners of properties that are located
within 200 feet, in addition to any notice otherwise required by this
chapter.
(11)
No signs, except for identification and warning signs, shall
be allowed on an antenna or tower.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Article 28.
(13)
Multiple antenna/tower plan. The Borough encourages and mandates
the users of towers and antennas to co-locate antennas. Applications
for approval of co-location sites shall be given priority in the review
process.
(14)
Municipal emergency services communications equipment. Any telecommunications
tower constructed or erected in the Borough must be able to accommodate
Borough emergency services, including but not limited to police, fire
and rescue squad, antennas. Adjacent space to accommodate supporting
equipment shall also be provided. Any costs associated with such accommodation
shall be borne by the owner of such tower. Notwithstanding the foregoing,
such requirement may be waived by the Borough if such accommodation
is not needed by the Borough emergency services departments.
E.
Permitted uses.
(1)
General. The uses listed hereafter are deemed to be permitted
uses and shall not require administrative approval or a conditional
use permit.
(2)
Permitted uses. The following use is specifically permitted:
antennas or towers located on property owned, leased, or otherwise
controlled by the Borough, provided a license or lease authorizing
such antenna or tower has been approved by the Borough. Notwithstanding
the foregoing, telecommunications towers shall not be permitted at
any Borough park; however, the Borough may, as a condition of such
lease, require site plan approval. The decision to extend such lease(s)
to an applicant shall be vested solely with the Borough and shall
not be governed by this section.
F.
Conditional use permits.
(1)
List of conditional uses. The following uses may be approved
by the Board as conditional uses and a conditional use permit issued:
(a)
Antennas on existing structures or towers consistent with the
terms of Subsections F(1)(a)[1][a] and [b] below:
[1]
Antennas on existing structures. Any antenna which
is not attached to a tower may be attached to any existing business,
industrial, office or institutional structure not located in a residential
zone, provided:
(2)
Antennas on existing towers. An antenna may be attached to an
existing tower in a nonresidential zone and, to minimize adverse visual
impacts associated with the proliferation and clustering of towers,
co-location of antennas by more than one carrier on existing towers
shall take precedence over the construction of new towers, provided
such co-location is accomplished in a manner consistent with the following:
(a)
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
as the existing towers.
(b)
Height.
[1]
An existing tower may be modified or rebuilt to
a taller height, not to exceed the maximum tower height established
by this section.
[2]
The height change referred to in Subsection F(2)(b)[1] may only occur one time per communication tower.
[3]
The additional height referred to in Subsection F(2)(b)[1] shall not require an additional distance separation as set forth in Article 28. The tower's premodification height shall be used to calculate such distance separations.
(c)
On-site location.
[1]
A tower which is being rebuilt to accommodate the
co-location of an additional antenna may be moved on site within 50
feet of its existing location.
[2]
After the tower is rebuilt to accommodate co-location,
only one tower may remain on the site.
[3]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 120-28.2F(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 120-28.2F(5).
(d)
New towers. New towers may be constructed to hold antennas.
In addition to any information required for applications for conditional
use permits pursuant to this chapter, applicants for a conditional
use permit for a tower shall submit the following information:
[1]
A sealed site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 120-28.2F(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.
[2]
Legal description of the entire tract and leased
parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 120-28.2D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing and finished color and, if applicable,
the method of camouflage and illumination.
[7]
A description of compliance with §§ 120-28.2D(3) through (7), (10), (12), and (13) and §§ 120-28.2F(4) and (5) and all applicable federal, state and local laws.
[8]
A notarized statement by the applicant as to whether
construction of the tower will accommodate co-location of additional
antennas for future users.
[9]
Identification of the entities providing the backhaul
network for the tower(s) described in the application and other cellular
sites owned or operated by the applicant in the Borough.
[10]
A description of the suitability of the use of
existing towers, other structures or alternative technology not requiring
the use of towers or structures to provide the services to be provided
through the use of the proposed new tower.
[11]
A description of the feasible location(s) of future
towers or antennas within the Borough based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
[12]
A visual study depicting where, within a three-mile
radius, any portion of the proposed tower could be seen.
[13]
A statement of intent on whether excess space
will be leased.
(3)
Factors considered in granting conditional use permits for towers.
In addition to any standards for consideration of conditional use
permit applications pursuant to this chapter, the Board shall consider
the following factors in determining whether to issue a conditional
use permit.
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential structures and residential
district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress;
(h)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures as discussed in § 120-28.2F(4); and
(i)
Availability of proposed tower to other potential users.
(4)
Availability of suitable existing towers, other structures,
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Board
that no existing tower, structure or alternative technology that does
not require the use of towers or structures can accommodate the applicant's
proposed antenna. An applicant shall submit information requested
by the Board related to the availability of suitable existing towers,
other structures or alternative technology. Evidence submitted to
demonstrate that no existing tower, structure or alternative technology
can accommodate the applicant's proposed antenna may consist of any
of the following (although meeting one, some, or all of the following
shall entitle the applicant to approval):
(a)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing tower or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
micro cell network using multiple low powered transmitters/receivers
attached to a wire line system, is suitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(5)
Setbacks. The following minimum setback requirements shall apply
to all towers for which a conditional use permit is required:
(a)
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line and all nonappurtenant
buildings.
(b)
Guys and accessory buildings must satisfy the minimum zoning
district setback requirements.
(c)
No tower shall exist within required buffer areas, if adjacent
to residential zones and as prescribed elsewhere in this chapter.
(d)
Towers located in nonresidential districts adjacent to residential
districts shall be set back from all residential lot lines by a minimum
distance equal to 1 1/2 times the height of the tower, including
all antennas and attachments, or a five-hundred-foot minimum setback,
whichever is more.
(e)
Towers shall not be located between a principal structure and
a public street. An improved driveway shall be provided for access
to each tower site from the nearest open public street.
(f)
A tower's setback may be reduced or its location in relation
to the public street varied, at the sole discretion of the Board,
to allow the integration of a tower into an existing or proposed structure,
such as a church steeple, light standard, power line support device,
or similar structure.
(g)
Towers shall meet all buffer and landscaping requirements of
the underlying zone district.
(h)
Telecommunications towers or antennas shall not be located on
any dwelling.
(6)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anti-climbing device.
(7)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is required:
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences or planned residences. The standard
buffer shall consist of a landscaped strip at least four feet wide
outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower is minimal,
the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
(8)
General requirements. The following provisions shall govern
the issuance of conditional use permits for towers or antennas by
the Board:
(a)
If the tower or antenna is not a permitted use under § 120-28.2E, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in designated zoning districts.
(b)
Applications for conditional use permits under this section
shall be subject to the procedures and requirements contained elsewhere
in this chapter, except as modified by this section.
(c)
In granting a conditional use permit, the Board may impose conditions
to the extent the Board concludes such conditions are necessary to
minimize any adverse effect of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a licensed professional engineer.
(e)
An applicant for a conditional use permit shall submit the information
described in this section and a nonrefundable application fee and
an escrow deposit as required by this chapter for conditional use
applications.
(f)
Locating a tower or antenna, including the placement of additional
buildings or other supporting equipment used in connection with said
tower or antenna, is permitted as conditional uses only in the Industrial
Zone and the G Government Zone.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(g)
An application fee and escrows shall be paid as required by
the Borough.
G.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 40 feet in height,
the related unmanned equipment structure, shall be located on the
ground and shall not be located on the roof of the structure.
(b)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment
cabinet or structure used in association with antennas shall be located
in accordance with the following:
(a)
In a front or side yard, provided the cabinet or structure is
no greater than six feet in height or 100 square feet of gross floor
area and the cabinet/structure is located a minimum of 75 feet from
all lot lines. The cabinet/structure shall be screened by an evergreen
hedge with an ultimate height of at least 42 inches to 48 inches and
a planted height of at least 36 inches.
(b)
In a rear yard, provided the cabinet or structure is no greater
than eight feet in height or 120 square feet in gross floor area.
The cabinet/structure shall be screened by an evergreen hedge with
an ultimate height of eight feet and planted height of at least 48
inches.
(3)
Antennas located on utility poles and towers. The related unmanned
equipment structure shall not contain more than 200 square feet of
gross floor area or be more than 10 feet in height, and shall be located
in accordance with the minimum yard requirements of the zoning district
in which located.
(4)
Structures or cabinets shall be screened from view of all residential
properties which abut or are directly across the street from the structure
or cabinet by an evergreen hedge with an ultimate height of eight
feet and a planted height of at least six feet.
H.
Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Borough notifying
the owner of such abandonment. Failure to remove an abandoned antenna
or tower within said 90 days shall be grounds to remove the tower
or antenna at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower. The Borough may condition the
issuance of any permit to demolish or remove a tower or antenna on
the posting of an appropriate performance bond or other suitable guarantee
in a face amount of not less than 120% of the cost (as determined
by the Borough Engineer) of such removal, grading and restoration
to a state required under the Borough Code, including but not limited
to the Borough Property Maintenance Code.
I.
Rebuilding damaged or destroyed nonconforming towers and antennas.
Nonconforming towers or antennas that are damaged or destroyed may
not be rebuilt without first obtaining a conditional use permit. The
type, height and location of the tower on site shall be of the same
type and intensity as the original facility approval. Building permits
to rebuild the facility shall comply with the then applicable building
codes and shall be obtained within 180 days from the date the facility
is damaged or destroyed. If no permit is obtained or if said permit
expires, the tower or antenna shall be deemed abandoned.
Radio and television antennas, including satellite dish antennas, accessory to a permitted principal structure on the same premises may be installed, erected and maintained within all districts, but only in accordance with the provisions of this section. Cellular telecommunications antennas are regulated as a conditional use in Article 28 and shall be exempt from the provisions of this section and governed by the provisions of § 120-28.2.
A.
Review and approval procedure. All antennas shall be subject to the
review and approval of the Zoning Officer. Applications shall be subject
to the following procedure:
(1)
Each application shall be accompanied by a report prepared by
the installer of the antenna explaining why the proposed location
was selected over other locations and the reasons, with supporting
data, for any requested deviation from the requirements of this section
as to location or screening.
(2)
When deemed necessary by the Zoning Officer, the Borough may
consult, at the applicant's expense, with an expert in the field of
antenna installations for guidance in evaluating an applicant's report
when a deviation from the requirements of this section is requested.
The applicant shall post a fee calculated by the Zoning Officer, but
not to exceed $500, to cover such expense, in the form of cash or
a certified check, and against which such review expenses shall be
charged. All sums not actually so expended shall be returned to the
applicant at the time the permit is either issued or denied.
(3)
The Zoning Officer may permit deviations from the requirements
of this section when it is demonstrated by the applicant that such
deviations are necessary to enable proper antenna reception.
B.
General regulations. The following general regulations shall apply
to antennas in residential or nonresidential districts.
(1)
No portion of an antenna array shall extend beyond the property
lines or into any front yard area. Guy wires shall not be anchored
within any front yard area but may be attached to the building.
(2)
Ground-mounted antennas shall be any antenna with its base mounted
directly in the ground, even if such antenna is supported or attached
to the wall of a building. Fixed-guyed antenna tower shall be fascia-mounted
or guyed according to approved standards. Wire antennas that are not
self-supporting shall be supported by objects within the property
lines but not within any front yard areas.
(3)
The antenna, including guy wires, supporting structures and
accessory equipment, shall be located and designed so as to minimize
to the greatest extent possible the visual impact on surrounding properties
and from public streets. Antennas shall be screened from view through
the addition of anti-climb fencing and architectural features or evergreen
landscaping that harmonizes with the elements and characteristics
of the property; provided, however, that no screening shall be required
which would inhibit adequate reception. Screening by fencing or plantings
may be waived if natural terrain and landscaping provide adequate
screening. The materials used in constructing the antenna shall not
be unnecessarily bright, shiny, garish or reflective, and all antennas
shall blend with the surrounding environment.
(4)
Antennas shall meet all manufacturers specifications. The mast
or tower shall be of noncombustible and noncorrosive hardware, such
as brackets, turn buckles, clips and similar type equipment not subject
to rust or corrosion, and shall be protected with a zinc or cadmium
coating by either galvanizing or a similar process after forming.
These finishes are selected to guard against corrosion and to protect
the element against electrolytic action due to the use of adjoining
dissimilar metals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Power control and signal cables to or from the antenna shall
be by underground conduit.
(6)
All antennas shall be located, designed, constructed, treated
and maintained in compliance with the requirements of the Uniform
Construction Code and the requirements set forth below. The requirements
below have been designed with the intent of advancing and achieving
health, safety and aesthetic interests and objectives and are further
intended to operate so as not to impose unreasonable limitations on,
or prevent, reception of satellite delivered signals or to impose
costs on the users which are excessive in light of the cost of purchase
and installation.
(7)
No antenna or antenna structure located in the Borough, regardless
of when it was erected, shall be used as a sign or as a supporting
structure for any sign or lettering.
C.
Antennas in residential districts. Antennas in the residential districts
shall be subject to the following additional regulations:
(1)
No lot shall contain more than two antennas, not more than one
of which may be a satellite dish antenna.
(2)
Antennas shall be located in the rear yard only and shall be
located at least 10 feet from any property line.
(3)
Roof-mounted antennas of any type shall not extend higher than
five feet above the highest point of the roof, provided the satellite
dish antennas shall not be permitted on the roof unless necessary
for reception. In such instances, no roof-mounted satellite dish antenna
shall exceed three feet in diameter nor extend higher than six feet
above the highest point of the roof. A roof-mounted satellite dish
antenna shall be of mesh construction. Such satellite dish antenna
shall be located, if reception is possible at such location, on roofs
when the satellite dish is shielded from view from the street or by
other portions of the roof or structure.
(4)
Ground-mounted accessory antennas of any type shall not extend
higher than 50 feet above adjacent ground level, except that ground-mounted
satellite dish antennas shall not exceed three feet in diameter nor
five feet in height.
D.
Antennas in nonresidential districts. Antennas in the nonresidential
districts shall be subject to the following additional regulations.
(1)
Antennas shall be located in the rear yard and shall be located
at least 10 feet from any property line.
(2)
An antenna may be erected on the roof of a building, provided
that the building, including the antenna, falls within the height
limits established for the district, provided that satellite dish
antennas subject to this article shall not be permitted on the roof.
(3)
Ground-mounted antennas shall not exceed five feet in height,
provided that no ground-mounted dish antenna shall exceed a diameter
of 16 feet nor extend above the ground more than 18 feet.
