NUMB:
970241
VERS:
SUBSTITUTE 4
REF:
961537
XXBY:
ALD. D'AMATO
TITL:
A substitute ordinance relating to zoning regulations for transmission towers.
SECS:
200-33-65-g am
295-7-140.6 cr
295-7-180 rc
295-14-17 cr
295-15-1-e am
295-15-1-f cr
295-19-8 rp
295-112-3-d rc
295-112-4-a am
295-113-4-b rc
295-122-3-d rc
295-122-4-a am
295-123-4-b rc
295-132-3-d rc
295-132-4-a am
295-132-4-f cr
295-133-4-c rc
295-213-4-b rc
295-222-3-d rc
295-222-4-d rc
295-223-4-b rc
295-312-3-c rc
295-312-4-a am
295-312-4-e rc
295-313-4-b rc
295-322-3-d rc
295-322-4-a am
295-322-4-e rc
295-323-4-b rc
295-332-3-e rc
295-332-4-f rc
295-333-4 rc
295-342-3-e rc
295-342-4-a am
295-342-4-e rc
295-343-4 rc
295-412-3-c rc
295-412-4-c rc
295-413-4-d rc
295-422-3-c rc
295-422-4-d rc
295-423-4-b rc
295-432-3-c rc
295-432-4-d rc
295-433-4-b rc
295-442-3-d rc
295-442-4-d rc
295-443-4-b rc
295-452-4-d rc
295-453-4-c rc
295-462-3-c rc
295-462-4-d rc
295-463-4-b rc
295-472-3-b rc
295-472-4-d rc
295-473-4-b rc
295-482-4-c rc
295-483-4-b rc
295-512-4-d rc
295-513-4-f rc
295-522-4-i rc
295-523-4-f rc
295-622-3-d rc
295-622-4-e rc
295-623-4 rc
295-652-4-e am
295-653-4 rc
ANLS:
- Analysis -
This ordinance, which is intended to implement the "Transmitter Tower Policy Statement" adopted by the Milwaukee Common Council (File Number 961537) on March 21, 1997:
1. Changes the building and zoning code term "transmitter tower" to "transmission tower," updates the definition for such a structure to reflect modern communication technology and defines the term "reception/transmission system" (the equipment mounted to a transmission tower and used to emit or receive radio frequency waves).
2. Makes transmission towers a permitted use in the following zoning districts, under the circumstances specified:
a. Multi-family residence (towers in R/A/85 to R/C/125 districts that do not exceed the height limits of such districts).
b. Residential and office (towers that do not exceed the district height limit).
c. Neighborhood shopping (towers that do not exceed the district height limit).
d. Local business (towers that do not exceed the district height limit).
e. Commercial service (towers that do not exceed the district height limit).
f. Regional shopping (towers that do not exceed the district height limit).
g. Central business (generally, towers that do not exceed 150 feet in height).
h. Manufacturing (towers that do not exceed 2 times the district height limit or 150 feet, whichever is less).
i. Industrial (towers that do not exceed 2 times the district height limit or 150 feet, whichever is less).
j. Institutional (towers that do not exceed the district height limit).
3. Makes transmission towers a special use in the following zoning districts, under the circumstances specified:
a. Single-family residence (towers that do not exceed 2 times the district height limit).
b. Two-family residence (towers that do not exceed 2 times the district height limit).
c. Multi-family residence (towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, except towers in R/A/85 to R/C/125 districts that do not exceed the height limits of such districts).
d. Restricted office (towers that do not exceed 2 times the district height limit).
e. Residential and office (towers that exceed the district height limit, but do not exceed 2 times the district height limit or 150 feet, whichever is less).
f. Neighborhood shopping (towers that exceed the district height limit, but do not exceed 2 times the district height limit or 150 feet, whichever is less).
g. Local business (towers that exceed the district height limit, but do not exceed 2 times the district height limit or 150 feet, whichever is less).
h. Commercial service (towers that exceed the district height limit, but do not exceed 2 times the district height limit or 150 feet, whichever is less).
i. Regional shopping (towers that exceed the district height limit, but do not exceed 2 times the district height limit or 150 feet, whichever is less).
j. Central business (generally, towers that exceed 150 feet in height).
k. Manufacturing (towers that exceed 2 times the district height limit or 150 feet, whichever is less).
l. Industrial (towers that exceed 2 times the district height limit or 150 feet, whichever is less).
m. Institutional (towers that exceed the district height limit, but do not exceed 2 times the district height limit or 150 feet, whichever is less).
n. Lakefront (towers that do not exceed the district height limit).
4. Generally classifies transmission towers which are accessory to elementary and secondary schools as permitted uses, regardless of zoning district, whenever such towers do not exceed 2 times the district height limit or 150 feet, whichever is less, and are set back from all property lines a distance at least equal to tower height.
5. Makes transmission towers a prohibited use in all other zoning districts.
6. Eliminates the current provision which makes transmission towers used for government purposes permitted uses regardless of tower height and proximity to residential uses.
7. Requires that transmission towers constructed in zoning districts in which such structures are a permitted use meet requirements relating to screening of equipment, paving of access drives, tower illumination and setbacks on lots adjacent to habitable structures.
8. Requires that transmission towers constructed in zoning districts in which such structures are a special use meet the requirements summarized in #7, as well as requirements relating to technologically- advanced tower design, efforts to mitigate the impacts of towers on nearby habitable structures, provisions for coordinated use of existing and new towers, and, for towers used to transmit television and/or radio signals, evidence that the tower could lead to an ultimate reduction in the number of transmission towers in the city of Milwaukee.
9. Requires removal of transmission towers which have not been used to emit or receive radio frequency waves for a period of at least 12 consecutive months.
10. Allows nonconforming transmission towers which are destroyed or damaged by fire, storm or other casualty to be reconstructed, even if the cost of reconstruction exceeds 50% of the tower's value, as long as the tower owner complies with the requirements for transmission towers classified as special uses and as long as the height of the replacement tower does not exceed the height of the tower that was destroyed or damaged.
11. Exempts towers which are mounted on buildings and have a height of less than 20 feet or 25% of the height of the structure, whichever is less, from all requirements of this ordinance.
This ordinance becomes effective November 1, 1997.
BODY:
Whereas, The City of Milwaukee recognizes its obligation to accommodate the radio wave transmission infrastructure systems necessary for a thriving economy and for the personal convenience of Milwaukee residents and visitors; and
Whereas, Such transmission infrastructure systems must, however, be carefully planned and regulated so that economic vitality and personal convenience do not come at the expense of neighborhood stability and urban aesthetics; and
Whereas, The current rapid proliferation of transmission towers, particularly those used for cellular telephone service and personal communications systems, makes it imperative that the City enact legislation which regulates such towers in a manner which protects Milwaukee residents and neighborhoods without imposing unreasonable burdens on the owners, operators and users of such facilities; and
Whereas, On March 21, 1997, the Common Council adopted File Number 961537, a resolution approving a "Transmission Tower Policy Statement" as part of the comprehensive plan of the City of Milwaukee; and
Whereas, In order for the adopted "Transmission Tower Policy Statement" to be effective, the City must enact various amendments to its zoning code; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-33-65-g of the code is amended to read:
200-33. Fees.
65. ZONING BOARD OF APPEALS.
g. [[Transmitter]] >>Transmission<< towers: $300.
Part 2. Section 295-7-140.6 of the code is created to read:
295-7. Definitions.
140.6. RECEPTION/TRANSMISSION SYSTEM: A system of electrical conductors that emit or receive radio frequency waves, including antennae, communication dishes and similar devices.
Part 3. Section 295-7-180 of the code is repealed and recreated to read:
180. TRANSMISSION TOWER: A structure designed to support one or more reception/transmission systems. Examples of transmission towers include, but shall not be limited to, radio towers, television towers, telephone exchange/microwave relay towers and cellular telephone transmission/personal communications systems towers.
Part 4. Section 295-14-17 of the code is created to read:
295-14. Special Conditions.
17. TRANSMISSION TOWERS. a. Tower Height. For purposes of enforcing and applying this chapter's provisions relating to transmission towers, the following principles for determining transmission tower height are established:
a-1. For a freestanding transmission tower, the height of such tower shall be the height of the tower above grade, measured at the center of the tower.
a-2. Unless otherwise noted, whenever a transmission tower is mounted to a building or other structure, the height of such tower shall be considered to include both the height of the tower itself plus the height of the building or structure to which the tower is attached, measured at the point of attachment.
a-3. Transmission tower height shall include the height of any reception/transmission systems which extend above the top of the tower.
b. Towers or Reception/Transmission Systems Mounted to Buildings as Permitted Uses. Notwithstanding any other provisions of this code, any transmission tower or reception/transmission system which is mounted to a building or other structure and has a height less than 20 feet or 25% of the height of the building or structure, whichever is less, shall be a permitted use, but shall not be subject to the requirements of par. c. In this paragraph, transmission tower or reception/transmission system height shall not include the height of the building or structure to which the tower or system is attached.
c. Requirements for Transmission Towers Which Are Permitted Uses. Whenever a transmission tower is a permitted use, the owner or developer of the tower shall submit, to the department, plans and other permit application materials which demonstrate that the facility will comply with the following requirements:
c-1. Ground-level equipment, storage buildings and structural support elements shall be screened by a landscaped buffer which completely surrounds such equipment or structures, except for necessary openings for sidewalks or driveways that provide access to the equipment or structures. The buffer shall be located no farther than 5 feet from the equipment or structures, measured at the nearest point of the buffer to the equipment or structures. The buffer shall be at least 5 feet deep and shall be landscaped with a combination of shrubs, trees and ground cover, as provided in s. 295-14-12-b.
c-2. Access drives shall be paved.
c-3. The tower shall not be illuminated except as required by the federal aviation administration or other applicable standards.
c-4. If the tower is freestanding and any abutting property contains one or more dwelling units or a structure for which an occupancy certificate is required, the base of the tower shall be set back from the property lines of such abutting property a distance of at least 25% of the tower's height.
c-5. No structure other than related accessory structures may be located in an area 20 feet on each side of the radial line between the center of the transmission tower and each guy anchorage.
c-6. No tower guy anchor or approved enclosure for the same may be located closer than 30 feet to any lot line, street line or street line extended if the abutting property contains one or more dwelling units or a structure for which an occupancy certificate is required.
d. Requirements for Transmission Towers Which Are Special Uses. Whenever a transmission tower is a special use, the owner or developer of the tower shall submit, to the department and to the board, plans and other permit application materials which demonstrate that the facility will comply with the requirements of par. c, will serve the public convenience of residents of the city and will be consistent with the following:
d-1. The tower's design shall be as advanced as technologically feasible, and appropriate for individual site characteristics and proximity to other buildings and uses.
d-2. If the tower will be located within 1000 linear feet of any dwelling unit or any structure for which an occupancy certificate is required, the tower owner or developer shall take whatever steps the board finds necessary to protect such dwelling units and structures from undesirable impacts of the tower. Such steps may include installation of landscaping or buffering beyond what is required by par. c-1, provision of informational materials about the construction and operation of the tower, and scheduling of informational meetings with owners and residents of abutting properties to discuss the tower proposal.
d-3. The transmission tower owner or developer shall provide a written statement that the owner or developer has made every reasonable effort to locate reception/transmission systems on existing structures. This statement shall be accompanied by documentation which demonstrates that such efforts have been made.
d-4. When a new transmission tower is erected, it shall be designed to accommodate multiple reception/transmission systems and related equipment. The extent to which the proposed tower will promote coordinated tower usage shall be a factor used by the board in determining whether the tower is necessary to serve the public convenience at a particular location, as required by s. 295-59-5-b-1. The minimum requirements for accommodating multiple reception/transmission systems shall be as follows:
d-4-a. A tower for television and/or radio facilities shall be designed to support at least 3 additional reception/transmission systems having power equal to or greater than that of the reception/transmission system which the tower is initially built to support.
d-4-b. For any other transmission tower other than a tower for television and/or radio facilities, the total number of reception/transmission systems the tower shall be designed to accommodate shall be as follows:
Number of Tower Height Reception/Transmission Systems
0-50 feet 1 51-100 feet 2 151-250 feet 4 251-350 feet 6 over 350 feet 6 plus 2 for each 100 feet or fraction thereof over 350 feet
Note: For purposes of determining compliance with this requirement, the height of the transmission tower shall be the height of the transmission tower itself, not the combined height of the tower and any building or structure to which it may be mounted.
d-5. In addition to presenting a tower design which can accommodate multiple reception/transmission systems and related equipment, as required by par. d-4, the tower owner or developer shall provide a statement indicating that the owner or developer will, on a nondiscriminatory basis, make the space provided for multiple reception/transmission systems available to other tower users. To the extent not precluded by physical, mechanical or regulatory limitations, the tower owner or developer shall allow for co-location of reception/transmission systems on the tower at fair market rental rates. The statement may be accompanied by supporting documentation which describes the tower owner or developer's record of making space on the owner or developer's other towers available to other users.
d-6. If the tower will be used for the transmission of television and/or radio signals, the tower owner or developer shall provide evidence that construction of the tower may ultimately lead to a net reduction in the total number of transmission towers in the city. The extent to which the proposed tower may lead to an ultimate reduction in the number of transmission towers in the city shall be a factor used by the board in determining whether the tower is necessary to serve the public convenience at a particular location, as required by s. 295-59-5-b-1.
e. Abandoned Towers. Whenever any transmission tower has ceased to be used for the emission or reception of radio frequency waves for a period of 12 consecutive months, such tower shall be considered abandoned. An abandoned transmission tower shall be removed within 90 days of the end of such 12-month period. Any discontinuance of transmission tower use caused by governmental action and without any contributing fault by the tower user whose use of the tower was discontinued shall not be considered in calculating the length of discontinuance.
f. Reconstruction of Nonconforming Towers. Notwithstanding the provisions of subch. 3, a nonconforming transmission tower which is destroyed or damaged by fire, storm or other casualty, to the extent that the cost of reconstruction exceeds 50% of the tower's market value at the time of such loss, may be reconstructed provided that the tower owner complies with all applicable requirements for transmission towers classified as special uses, as specified in par. d, and provided that the height of the new tower does not exceed the height of the tower that was destroyed or damaged.
Part 5. Section 295-15-1-e of the code is amended to read:
295-15. Height Limitations. 1. BY DISTRICT.
e. Monuments, [[transmitter towers,]] television antennae, radio antennae, flag poles, spires, church roofs, domes, cupolas, or belfries for ornamental purposes and not used for human occupancy.
Part 6. Section 295-15-1-f of the code is created to read:
f. Transmission towers, whenever transmission towers that exceed the district height limitation are a permitted use or a special use in the relevant zoning district. Such towers may exceed the district height limitation only to the extent specified in the district use regulations.
Part 7. Section 295-19-8 of the code is repealed. (Note: The provisions being repealed read as follows:
295-19. Area and Placement Regulations.
8. Transmitter towers and related accessory structures must be constructed in compliance with the following:
a. No structure other than related accessory structures shall be located within a circle having the transmitter tower as its center and a radius equal to 20% of the height of the tower or 100 feet, whichever is greater.
b. No structure other than related accessory structures shall be located in an area 20 feet on each side of the radial line between the center of the transmitter tower and each guy anchorage.
c. No tower guy anchor and approved enclosure for the same shall be located closer than 30 feet to any lot line, street line or street line extended if the adjacent lot or parcel is used or zoned for residence purposes.)
Part 8. Section 295-112-3-d of the code is repealed and recreated to read:
295-112. Permitted Uses.
3. CHURCHES AND SCHOOLS.
d. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit and is set back from all property lines a distance at least equal to the height of the tower.
Part 9. Section 295-112-4-a of the code is amended to read:
4. PUBLIC AND QUASI-PUBLIC.
a. Governmental structures, [[including transmitter]] >>excluding transmission<< towers, not detrimental to the character of the district.
Part 10. Section 295-113-4-b of the code is repealed and recreated to read:
295-113. Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers that do not exceed 2 times the district height limit, subject to s. 295-14-17-d, except towers permitted under s. 295-112-3-d.
Part 11. Section 295-122-3-d of the code is repealed and recreated to read:
295-122. Permitted Uses.
3. CHURCHES AND SCHOOLS.
d. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit and is set back from all property lines a distance at least equal to the height of the tower.
Part 12. Section 295-122-4-a of the code is amended to read:
4. PUBLIC AND QUASI-PUBLIC.
a. Governmental structures, [[including transmitter]] >>excluding transmission<< towers, not detrimental to the character of the district.
Part 13. Section 295-123-4-b of the code is repealed and recreated to read:
295-123. Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers that do not exceed 2 times the district height limit, subject to s. 295-14-17-d, except towers permitted under s. 295-122-3-d.
Part 14. Section 295-132-3-d of the code is repealed and recreated to read:
295-132. Permitted Uses.
3. CHURCHES AND SCHOOLS.
d. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit or 150 feet, whichever is less, and is set back from all property lines a distance at least equal to the height of the tower.
Part 15. Section 295-132-4-a of the code is amended to read:
4. PUBLIC AND QUASI-PUBLIC.
a. Governmental structures, [[including transmitter]] >>excluding transmission<< towers, not detrimental to the character of the district.
Part 16. Section 295-132-4-f of the code is created to read:
f. In R/A/85 to R/C/125 districts, transmission towers that do not exceed the district height limit, subject to s. 295-14-17-c.
Part 17. Section 295-133-4-c of the code is repealed and recreated to read:
295-133. Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
c. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14-17-d, except towers permitted under s. 295-132-3-d and 4-f.
Part 18. Section 295-213-4-b of the code is repealed and recreated to read:
295-213. Special Uses.
4. Transmission towers that do not exceed 2 times the district height limit, subject to s. 295-14-17-d.
Part 19. Section 295-222-3-d of the code is repealed and recreated to read:
295-222. Permitted Uses.
3. CHURCHES AND SCHOOLS.
d. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit or 150 feet, whichever is less, and is set back from all property lines a distance at least equal to the height of the tower.
Part 20. Section 295-222-4-d of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
d. Transmission towers that do not exceed the district height limit, subject to s. 295-14-17-c.
Part 21. Section 295-223-4-b of the code is repealed and recreated to read:
295-223. Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14-17-d, except towers permitted under s. 295-222-3-d and 4-d.
Part 22. Section 295-312-3-c of the code is repealed and recreated to read:
295-312. Permitted Uses.
3. CHURCHES AND SCHOOLS.
c. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit or 150 feet, whichever is less, and is set back from all property lines a distance at least equal to the height of the tower.
Part 23. Section 295-312-4-a of the code is amended to read:
4. PUBLIC AND QUASI-PUBLIC.
a. Governmental structures, [[including transmitter]] >>excluding transmission<< towers, not detrimental to the character of the district.
Part 24. Section 295-312-4-e of the code is repealed and recreated to read:
e. Transmission towers that do not exceed the district height limit, subject to s. 295-14-17-c.
Part 25. Section 295-313-4-b of the code is repealed and recreated to read:
295-313. Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14-17-d, except towers permitted under s. 295-312-3-c and 4-e.
Part 26. Section 295-322-3-d of the code is repealed and recreated to read:
295-322. Permitted Uses.
3. CHURCHES AND SCHOOLS.
d. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit or 150 feet, whichever is less, and is set back from all property lines a distance at least equal to the height of the tower.
Part 27. Section 295-322-4-a of the code is amended to read:
4. PUBLIC AND QUASI-PUBLIC.
a. Governmental structures, [[including transmitter]] >>excluding transmission<< towers, not detrimental to the character of the district.
Part 28. Section 295-322-4-e of the code is repealed and recreated to read:
e. Transmission towers that do not exceed the district height limit, subject to s. 295-14-17-c.
Part 29. Section 295-323-4-b of the code is repealed and recreated to read:
295-323. Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14-17-d, except towers permitted under s. 295-322-3-d and 4-e.
Part 30. Section 295-332-3-e of the code is repealed and recreated to read:
295-332. Permitted Uses.
3. CHURCHES AND SCHOOLS.
e. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit or 150 feet, whichever is less, and is set back from all property lines a distance at least equal to the height of the tower.
Part 31. Section 295-332-4-f of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
f. Transmission towers that do not exceed the district height limit, subject to s. 295-14-17-c.
Part 32. Section 295-333-4 of the code is repealed and recreated to read:
295-333. Special Uses.
4. PUBLIC AND QUASI-PUBLIC. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14- 17-d, except towers permitted under s. 295-332-3-e and 4-f.
Part 33. Section 295-342-3-e of the code is repealed and recreated to read:
295-342. Permitted Uses.
3. CHURCHES AND SCHOOLS.
e. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit or 150 feet, whichever is less, and is set back from all property lines a distance at least equal to the height of the tower.
Part 34. Section 295-342-4-a of the code is amended to read:
4. PUBLIC AND QUASI-PUBLIC.
a. Governmental structures, [[including transmitter]] >>excluding transmission<< towers, not detrimental to the character of the district.
Part 35. Section 295-342-4-e of the code is repealed and recreated to read:
e. Transmission towers that do not exceed the district height limit, subject to s. 295-14-17-c.
Part 36. Section 295-343-4 of the code is repealed and recreated to read:
295-343. Special Uses.
4. PUBLIC AND QUASI-PUBLIC. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14- 17-d, except towers permitted under s. 295-342-3-e and 4-e.
Part 37. Section 295-412-3-c of the code is repealed and recreated to read:
295-412. C9A (High Density Residential): Permitted Uses.
3. CHURCHES AND SCHOOLS.
c. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower is set back from all property lines a distance at least equal to the height of the tower and, if located in subdistrict B, does not exceed 2 times the district height limit.
Part 38. Section 295-412-4-c of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
c. In subdistrict A, transmission towers that do not exceed 150 feet in height, subject to s. 295-14- 17-c.
Part 39. Section 295-413-4-d of the code is repealed and recreated to read:
295-413. C9A (High Density Residential): Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
d. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-412-3-c and 4-c or, in subdistrict B, towers that exceed 2 times the district height limit.
Part 40. Section 295-422-3-c of the code is repealed and recreated to read:
295-422. C9B (Residential and Specialty Use): Permitted Uses.
3. CHURCHES AND SCHOOLS.
c. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower is set back from all property lines a distance at least equal to the height of the tower.
Part 41. Section 295-422-4-d of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
d. Transmission towers that do not exceed 150 feet in height, subject to s. 295-14-17-c.
Part 42. Section 295-423-4-b of the code is repealed and recreated to read:
295-423. C9B (Residential and Specialty Use): Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-422-3-c and 4-d.
Part 43. Section 295-432-3-c of the code is repealed and recreated to read:
295-432. C9C (Neighborhood Retail): Permitted Uses.
3. CHURCHES AND SCHOOLS.
c. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower is set back from all property lines a distance at least equal to the height of the tower.
Part 44. Section 295-432-4-d of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
d. Transmission towers that do not exceed 150 feet in height, subject to s. 295-14-17-c.
Part 45. Section 295-433-4-b of the code is repealed and recreated to read:
295-433. C9C (Neighborhood Retail): Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-432-3-c and 4-d.
Part 46. Section 295-442-3-d of the code is repealed and recreated to read:
295-442. C9D (Civic Activity): Permitted Uses.
3. CHURCHES AND SCHOOLS.
d. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower is set back from all property lines a distance at least equal to the height of the tower.
Part 47. Section 295-442-4-d of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
d. Transmission towers that do not exceed 150 feet in height, subject to s. 295-14-17-c.
Part 48. Section 295-443-4-b of the code is repealed and recreated to read:
295-443. C9D (Civic Activity): Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-442-3-d and 4-d.
Part 49. Section 295-452-4-d of the code is repealed and recreated to read:
295-452. C9E (Major Retail): Permitted Uses.
4. PUBLIC AND QUASI-PUBLIC.
d. Transmission towers that do not exceed 150 feet in height, subject to s. 295-14-17-c.
Part 50. Section 295-453-4-c of the code is repealed and recreated to read:
295-453. C9E (Major Retail): Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
c. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-452-4-d.
Part 51. Section 295-462-3-c of the code is repealed and recreated to read:
295-462. C9F (Office and Service): Permitted Uses.
3. CHURCHES AND SCHOOLS.
c. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower is set back from all property lines a distance at least equal to the height of the tower and, if located in subdistrict C, does not exceed 2 times the district height limit.
Part 52. Section 295-462-4-d of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
d. In subdistricts A and B, transmission towers that do not exceed 150 feet in height, subject to s. 295-14-17-c.
Part 53. Section 295-463-4-b of the code is repealed and recreated to read:
295-463. C9F (Office and Service): Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-462-3-c and 4-d or, in subdistrict C, towers that exceed 2 times the district height limit.
Part 54. Section 295-472-3-b of the code is repealed and recreated to read:
295-472. C9G (Mixed Activity): Permitted Uses.
3. CHURCHES AND SCHOOLS.
b. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower is set back from all property lines a distance at least equal to the height of the tower.
Part 55. Section 295-472-4-d of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
d. Transmission towers that do not exceed 150 feet in height, subject to s. 295-14-17-c.
Part 56. Section 295-473-4-b of the code is repealed and recreated to read:
295-473. C9G (Mixed Activity): Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-472-3-b and 4-d.
Part 57. Section 295-482-4-c of the code is repealed and recreated to read:
295-482. C9H (Warehousing and Light Manufacturing): Permitted Uses.
4. PUBLIC AND QUASI-PUBLIC.
c. Transmission towers that do not exceed 150 feet in height, subject to s. 295-14-17-c.
Part 58. Section 295-483-4-b of the code is repealed and recreated to read:
295-483. C9H (Warehousing and Light Manufacturing): Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
b. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-482-4-c.
Part 59. Section 295-512-4-d of the code is repealed and recreated to read:
295-512. Permitted Uses.
4. PUBLIC AND QUASI-PUBLIC.
d. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14-17-c.
Part 60. Section 295-513-4-f of the code is repealed and recreated to read:
295-513. Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
f. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-512-4-d.
Part 61. Section 295-522-4-i of the code is repealed and recreated to read:
295-522. Permitted Uses.
4. PUBLIC AND QUASI-PUBLIC.
i. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14-17-c.
Part 62. Section 295-523-4-f of the code is repealed and recreated to read:
295-523. Special Uses.
4. PUBLIC AND QUASI-PUBLIC.
f. Transmission towers, subject to s. 295-14-17-d, except towers permitted under s. 295-522-4-i.
Part 63. Section 295-622-3-d of the code is repealed and recreated to read:
295-622. Permitted Uses.
3. CHURCHES AND SCHOOLS.
d. Transmission towers accessory to elementary and secondary schools, subject to s. 295-14-17-c and provided that any such tower does not exceed 2 times the district height limit or 150 feet, whichever is less, and is set back from all property lines a distance at least equal to the height of the tower.
Part 64. Section 295-622-4-e of the code is repealed and recreated to read:
4. PUBLIC AND QUASI-PUBLIC.
e. Transmission towers that do not exceed the district height limit, subject to s. 295-14-17-c.
Part 65. Section 295-623-4 of the code is repealed and recreated to read:
295-623. Special Uses.
4. PUBLIC AND QUASI-PUBLIC. Transmission towers that do not exceed 2 times the district height limit or 150 feet, whichever is less, subject to s. 295-14- 17-d, except towers permitted under s. 295-622-3-d and 4-e.
Part 66. Section 295-652-4-e of the code is amended to read:
295-652. Permitted Uses.
4. PUBLIC AND QUASI-PUBLIC.
e. Government facilities, but not >>transmission towers,<< jails, prisons or other penal institutions.
Part 67. Section 295-653-4 of the code is repealed and recreated to read:
295-653. Special Uses.
4. PUBLIC AND QUASI-PUBLIC. Transmission towers that do not exceed the district height limit, subject to s. 295-14-17-d.
Part 68. This ordinance shall be effective November 1, 1997.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97005.5
JDO
7/22/97PUBLIC AND QUASI-PUBLIC. Transmission towers
that do not exceed 2 times the district height limit
or 150 feet, whichever is less, subject to s. 295-14-
17-d, except towers permitted under s. 295-622-3-d
and 4-e.
Part 66. Section 295-652-4-e of the code is amended
to read:
295-652. Permitted Uses.
4. PUBLIC AND QUASI-PUBLIC.
e. Government facilities, but not >>transmission
towers,<< jails, prisons or other penal institutions.
Part 67. Section 295-653-4 of the code is repealed
and recreated to read:
295-653. Special Uses.
4. PUBLIC AND QUASI-PUBLIC. Transmission towers
that do not exceed the district height limit, subject
to s. 295-14-17-d.
Part 68. This ordinance shall be effective November
1, 1997.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97005.5
JDO
7/22/97