§ 70-133. Utilization of existing pole-type structures.

A communication antenna which is attached to a pole-type structure existing on the effective date of the ordinance from which this article derives or the existing pole-type structure is replaced with a monopole tower to accommodate both its prior function and a communication antenna shall be a permitted ancillary use, provided each of the following criteria are met:

(1)

The communication antenna attached to the tower of an existing pole-type structure or replacement monopole shall not extend above the highest point of the pole-type structure or replacement monopole more than 20 feet, as measured from the height of the preexisting pole-type structure.

(2)

If the resulting structure/tower adds additional height over the preexisting pole-type structure, the closest residential structure shall be away from the base of the pole-type structure or replacement tower a distance of at least 110 percent the height of the entire structure/tower. If no additional height over the height of the preexisting pole-type structure is added by either the attachment of the communication antenna to the existing pole-type structure or the replacement tower including the communication antenna, the structure/tower is permitted with no additional distance separation to residential structures over that which was provided by the preexisting pole-type structure.

(3)

The communication antenna and support structure shall comply with all applicable Federal Communications Commission and Federal Aviation Administration regulations.

(4)

The communication antenna, pole-type structure, and replacement monopole tower shall comply with all applicable building codes.

(5)

Pole-type structures within public road rights-of-way or within side yard or rear yard residential subdivision easements or, if used for power distribution at less than 14 kilovolt service, shall not be eligible for use under this section. Notwithstanding the foregoing sentence, pole-type structures within limited access road system rights-of-way are eligible for use under this section.

(6)

The utilization of an existing pole-type structure for placement of a communication antenna in compliance with the requirements of this section shall supersede the separation requirements contained in subsections 70-57(c) and 70-58(b).

(Ord. No. 97-31, § 1 (29-32), 9-11-97)