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Buffalo City Zoning Code

ARTICLE X

- COMMUNICATIONS RECEPTION AND TRANSMISSION FACILITIES

Sec. 50-511.- Communications reception and transmission devices.

(a)

Purpose. It is the purpose of this section to provide for and regulate communications reception/transmission devices in the city. Where this section refers to cellular telephone antennas, it shall also apply to other wireless service antennas.

(b)

General standards. The following standards shall apply to all cellular telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna:

(1)

All obsolete and unused antenna shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the zoning administrator.

(2)

All antenna shall be in compliance with all city building and electrical code requirements and as applicable shall require related permits.

(3)

Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and as may be necessary, as determined by the zoning administrator, shall be verified and approved by a professional engineer.

(4)

When applicable, written authorization for antenna erection shall be provided by the property owner.

(5)

No advertising message shall be affixed to the antenna structure.

(6)

The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional.

(7)

Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety.

(8)

When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses.

(9)

If a new antenna support structure is to be constructed, it shall be designed so as to accommodate other users, including, but not limited to, other cellular communication companies, local police, fire and ambulance companies.

(10)

Antenna support structures under 200 feet in height shall be painted silver or have a galvanized finish to reduce visual impact.

(11)

Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from subsections (b)(3), (6) and (9) of this section, and must comply with subsection (c)(1) of this section.

(12)

Amateur radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.

(c)

Accessory and secondary use antennas. The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs two meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers:

(1)

Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements and shall be set back a minimum of three feet from all lot lines.

(2)

Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements and shall be set back a minimum of one foot from all lot lines.

(3)

Accessory or secondary use antennas and necessary support structures, monopoles or towers may extend a maximum of 15 feet above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of two times the normal height restriction for the affected zoning district.

(4)

The installation of more than one support structure per property shall require the approval of a conditional use permit.

(d)

Cellular telephone antennas (and other wireless service antennas).

(1)

Residential district standards.

a.

Antennas located upon public structures. Cellular telephone antennas located upon public structures shall require the processing of an administrative permit and shall comply with the following standards:

1.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

2.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

3.

An administrative permit is issued in compliance with the procedures established by the city council.

b.

Antennas not located upon a public structure. Cellular telephone antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards:

1.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

2.

The antennas shall be located on an existing structure, if possible, and shall not extend more than 15 feet above the structural height of the structure to which they are attached.

3.

If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole, provided that:

(i)

The pole shall not exceed 75 feet in height.

(ii)

The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

4.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

5.

Unless the antenna is mounted on an existing structure, at the discretion of the city, a security fence not greater than eight feet in height with a maximum opacity of 50 percent shall be provided around the support structure.

6.

The conditional use permit provisions of article XIII, division 3 of this chapter are considered and determined to be satisfied.

(2)

Business district standards.

a.

Antennas located upon a public structure. Cellular telephone antennas located upon a public structure shall comply with the following standards:

1.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

2.

An administrative permit is issued in compliance with the procedures established by the city council.

b.

Antennas not located upon a public structure. Cellular telephone antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards:

1.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

2.

The antennas shall be located on an existing structure, if possible, and shall not extend more than 15 feet above the structural height of the structure to which they are attached.

3.

If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole, provided that:

(i)

The pole does not exceed 75 feet in height.

(ii)

The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

4.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

5.

Unless the antenna is mounted on an existing structure, at the discretion of the city, a security fence not greater than eight feet in height with a maximum opacity of 50 percent shall be provided around the support structure.

6.

The conditional use permit provisions of article XIII, division 3 of this chapter are considered and determined to be satisfied.

(3)

Industrial district standards.

a.

Antennas located upon a public structure. Cellular telephone antennas located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards: An administrative permit is issued in compliance with the procedures established by the city council.

b.

Antennas not located upon a public structure. Cellular telephone antennas not located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards:

1.

The antennas shall be located upon a structure if possible.

2.

If no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a supporting pole or tower not exceeding 150 feet in height. Such pole or tower shall be located on a parcel having a dimension equal to the height of the pole or tower measured between the base of the pole or tower located nearest the property line and the property line, unless a qualified structural engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances.

3.

An administrative permit is issued in compliance with the procedures established by the city council.

(e)

Satellite dishes.

(1)

Residential district standards. Single satellite dish TVROs greater than one meter in diameter may be allowed as a conditional use within the residential zoning districts of the city and shall comply with the following standards:

a.

All accessory and secondary use provisions of this chapter are satisfactorily met.

b.

The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free receive window can be maintained within the limits of the property ownership.

c.

Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

d.

The satellite dish antenna is not greater than three meters in diameter.

e.

The conditional use permit provisions of article XIII, division 3 of this chapter are considered and determined to be satisfied.

(2)

Business district standards. Satellite dish antennas within the business zoning districts of the city shall be limited to those listed as permitted accessory and secondary uses in the applicable zoning district subject to the provisions of this chapter.

(3)

Industrial district standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters may be allowed as a conditional use within the I-1, I-2, and I-4 districts of the city and shall comply with the following standards:

a.

All accessory and secondary use provisions of subsection (c)(3) of this section are satisfactorily met.

b.

The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership.

c.

Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.

d.

The conditional use permit provisions of article XIII, division 3 of this chapter are considered and determined to be satisfied.

(f)

Commercial and public radio and television transmitting antennas, and public utility microwave antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards:

(1)

Such antenna shall be considered an allowed conditional use within the I-1 Planned Industrial district of the city and shall be subject to the regulations and requirements of article XIII, division 3 of this chapter.

(2)

The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and the property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

(3)

Unless the antenna is mounted on an existing structure, at the discretion of the city, a fence not greater than eight feet in height with a maximum opacity of 50 percent shall be provided around the support structure and other equipment.

(Code 1985, § 11.32)