Principal Use. Antennas and towers and their appurtenant structures shall be considered a principal use; however, notwithstanding any other City Land Use regulation, a different existing structure or principal use on the same lot shall not preclude the installation of an antenna or tower on such lot as a second principal use.

Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, 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.

State or Federal Requirements. All towers, antennas and other wireless communication facilities 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.

Building Codes; Safety Standards. To ensure the structural integrity of towers and antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable State of New Jersey or the City's 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, by an engineer licensed in the State of New Jersey, the City of Bayonne concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice to the owner of the tower, the owner shall have 60 days to bring such tower into compliance. Failure to comply within 60 days shall constitute grounds for the removal of the tower or antenna at the owner's expense. Enforcement of this provision shall be by way of complaint to a court of competent jurisdiction. The sixty-day period to come into compliance shall be reasonably extended if the tower owner is diligently pursuing remediation after given due notice by the City of Bayonne of an actual standard or code violation.

It is the provider's and any co-applicant's responsibility to protect the facility from unauthorized access through appropriate means, consistent with the purpose of protecting the public health, safety and welfare. Such persons or entities shall maintain the facility in a good and safe condition and preserve its original appearance and concealment, disguise or camouflage elements incorporated into the design at the time of approval. Such maintenance shall include, but not be limited to, such items as painting, structural repair, repair of equipment and maintenance of landscaping.

Nonessential 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.

Licenses. Owners and/or operators of towers or antennas shall certify that all Federal licenses required by law for the construction and/or operation of a wireless communication system in the City of Bayonne have been obtained and shall submit a copy with any application for construction of a facility including any application for an administratively approvable facility, a conditional use application before the Planning board or a use variance application to the Zoning Board as the case may be.

Public Notice. For purposes of this section public notice shall be given in accordance with subsection 33-4.8 of Chapter 33, Planning and Development Regulations.

Signs. No signs or advertisements of any kind, other than appropriate warning signs shall be allowed on an antenna or tower.

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.

(Reserved)

Multiple Antenna Co-Location. The City of Bayonne strongly encourages the co-location of antennas. As such the owners of all new towers are mandated to permit the co-location of the antennas of at least two additional service providers and are encouraged to permit the co-location of additional antennas. A letter of intent to meet the above co-location requirement, or such other binding legal document as approved by the Attorney of the Planning Board or Zoning Board of Adjustment, as the case may be, or the appropriate City Corporation Counsel shall be provided to the Planning Board, Zoning Board of Adjustment and/or appropriate City Agency by the applicant.