Copper Canyon City Zoning Code
ARTICLE 4
SUPPLEMENTARY PROVISIONS
§ 4-101 Permitted Uses and Conditional Uses.
Permitted uses and uses permitted by special review may be located in the same building.
§ 4-102 District Boundaries.
Unless otherwise specified, district boundaries are lot lines or the centerline of streets, alleys, railroad rights-of-way, or such lines extended. Where a district divides a land parcel under a single ownership into two districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than twenty (20) feet. If the adjustment involves a distance of more than twenty (20) feet, the procedures for a district change shall be followed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
§ 4-103 General Provisions Regarding Accessory Uses.
Accessory uses and structures shall comply with all the requirements for the principal use and structure except where specifically modified by this Ordinance. The principal use and structure must be in place prior to any accessory use or structure other than a structure designed for farming or ranching purposes.
(Ordinance 06-218, sec. 1, adopted 3/13/06)
§ 4-104 Accessory Buildings.
(A)
Accessory Buildings in Nonresidential Zoning Districts.
An accessory building in a nonresidential zoning district shall be located at least ten feet (10') from any dwelling or building existing or under construction on the same lot or any adjacent lot.
(B)
Accessory Buildings on Residential Lots of Less Than Two Acres in Size.
(1)
On residential lots of less than two (2) acres in size, no more than two (2) minor accessory building and one (1) major accessory building shall be authorized provided, however, that only two (2) accessory structures (one minor and one major) shall be permitted on lots of one (1) acre or less in size.
(2)
Any major accessory building may exceed the maximum height requirement of twenty feet (20') provided that for every one foot (1') over the maximum height requirement, the rear yard setback for the accessory building is increased five feet (5') and the side yard setback for the accessory building is increased five feet (5'). In no case shall a major accessory building exceed the lower of thirty-five feet (35') or the height of the primary structure.
(3)
The footprint of a major accessory building may not exceed 1,200 square feet.
(4)
Accessory buildings shall be located only in the rear yard.
(C)
Accessory Buildings on Residential Lots of Two Acres or More but less than Five Acres in Size.
(1)
On residential lots of two (2) acres or more but less than five (5) acres in size, no more than three (3) minor accessory buildings and two (2) major accessory buildings shall be authorized.
(2)
Any major accessory building may exceed the maximum height requirement of twenty feet (20') provided that for every one foot (1') over the maximum height requirement, the rear yard setback for the accessory building is increased five feet (5') and the side yard setback for the accessory building is increased five feet (5'). In no case shall a major accessory building exceed the lower of thirty-five feet (35') or the height of the primary structure.
(3)
The combined footprint of all major accessory buildings may not exceed the greater of (a) 50% of the first-floor area of the principal dwelling, or (b) 2.0% of the lot size, or (c) 2,000 square feet.
(4)
Accessory buildings shall be located only in the rear yard.
(D)
Accessory Buildings on Residential Lots of Five Acres or More but less than Ten Acres in Size.
(1)
On residential lots of five (5) acres or more but less than ten (10) acres in size, no more than five (5) minor accessory buildings and three (3) major accessory buildings shall be authorized.
(2)
Any major accessory building may exceed the maximum height requirement of twenty feet (20') provided that for every one foot (1') over the maximum height requirement, the rear yard setback for the accessory building is increased five feet (5') and the side yard setback for the accessory building is increased five feet (5'). In no case shall a major accessory building exceed the lower of thirty-five feet (35').
(3)
The combined footprint of all major accessory buildings may not exceed 2.0% of the lot size.
(4)
If there is a residential dwelling on the lot, no accessory buildings shall be located between the front of the dwelling and the street. Exception may be made for a caretaker’s/guard’s residence with approval of the Town Council.
(E)
Accessory Buildings on Residential Lots of Ten Acres or More in Size.
(1)
On residential lots of ten (10) acres or in size, accessory buildings are not limited in number.
(2)
Any major accessory building may exceed the maximum height requirement of twenty feet (20') provided that for every one foot (1') over the maximum height requirement, the rear yard setback for the accessory building is increased five feet (5') and the side yard setback for the accessory building is increased five feet (5'). In no case shall a major accessory building exceed the lower of thirty-five feet (35').
(3)
The combined footprint of all major accessory buildings is not limited.
(4)
Accessory buildings may be situated on the property at the property owner’s discretion without regard to the location of the residential dwelling but subject to all other requirements defined herein.
(F)
Additional Requirements for all Accessory Buildings.
(1)
For lots of two (2) acres or less, the color of a major accessory building roof must closely resemble the color of the walls or roof of the principal building; however, nothing herein shall prohibit the use of unpainted galvanized metal for roofing unless the major accessory building is on a lot of two (2) acres or less and will be habitable in which case the color and construction materials must be the same as the principal residential dwelling. Further, the walls of an accessory building may consist of exterior siding, stone, metal or masonry unless the major accessory building is on a lot of two (2) acres or less and will be habitable in which case the color and construction materials must be the same as the principal residential dwelling.
(2)
For lots of two (2) acres or less, no accessory building shall be located in the front yard of any lot, or the side yard of any lot abutting a street.
(3)
No accessory building shall be located within any easement.
(4)
Major accessory buildings may be used as habitable space, including such usages as a caretaker’s/guard’s residence, a guest house or a servant’s quarters, provided that the lot has a principal single-family dwelling. If the owner intends for a major accessory building to be used as habitable space, it must be so indicated on a plan submitted to the Town for approval. For any major accessory building on a lot of two (2) acres or less to be habitable, it must: (1) be constructed of the same type of materials as the principal residential dwelling, and (2) have the same roofing materials as the principal residential dwelling. All major accessory buildings to be used as habitable space must meet all Town residential occupancy requirements.
(5)
No accessory building may be placed so as to negatively impact drainage on any adjacent lot by diversion or impoundment of stormwater flows. A drainage plan, approved by the Town Engineer, shall be required for any accessory building that impacts drainage and said drainage plan shall provide for the proper diversion or impoundment of stormwater flows.
(6)
For any lot on which a septic system is located, no accessory building may be placed on said lot in such a location that may interfere with or prohibit the routine maintenance, replacement and repair of the septic system. For any such lot, a plan shall be provided to the Town showing the layout of the septic system, the location of the proposed accessory building, and shall be subject to review by the Town’s OSSF inspector to verify no interference with septic system maintenance, replacement and repair.
(7)
The color of accessory building walls must be neutral or earth-tone unless the major accessory building is on a lot of two (2) acres or less and will be habitable in which case the color and construction materials must be the same as the principal residential dwelling.
(8)
The rear yard setback for any accessory building shall be a minimum of fifteen feet (15') and the side yard setback for any accessory building shall be a minimum of fifteen feet (15').
(9)
A detached garage shall be considered an accessory building.
(10)
In all residential zoning districts, a building or structure attached to the principal building or structure by only a breezeway shall be considered as being a detached accessory building or structure.
(11)
Building height shall be measured from top of slab to roof ridge.
(12)
For lots of less than five (5) acres, all accessory buildings must be serviced by the same utility meters or connections as the principal residential dwelling unless separate meters or connections already exist at the date of this ordinance’s enactment.
(13)
The Town Council may grant exceptions to these requirements for major accessory buildings on residential lots upon a finding by the Town Council that there are unique circumstances, including but not limited to lot size, existing or proposed use of the property or site-specific issues, that merit an exception to these requirements. Any exception shall be considered after a public hearing by the Town Council on the proposed exception, and the Town shall give the public notice of the public hearing by depositing such notice in the mail addressed to all owners of real property located within 200 feet (200') of the property which is the subject of the public hearing. The mailed notice shall be given at least ten (10) days prior to the date set for the public hearing. On the date that the item is set for public hearing, the Town Council shall conduct a public hearing on the exception request giving any individual who desires to present information or evidence on the appropriateness or inappropriateness of the exception the opportunity to appear before the Town Council and present such information. At the conclusion of the public hearing, the Town Council, by majority vote, shall determine whether an exception shall be granted.
(14)
When property owners own two or more contiguous properties, then this Section 4-104 shall be applied to the acreage of the combined properties and should be considered applicable to each individual property.
Table 4-104-1 Accessory Structures Regulation | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Maximum Lot Size (acres) | Minimum Lot Size (acres) | Number of Accessory Buildings | Maximum “Footprint” of Accessory Buildings | Maximum Height of Accessory Buildings | Principal Residence Required with | Major Accessory Building Habitable | |||
Minor | Major | Minor | Major | Minor | Major | ||||
Less than two (2) | Not Applicable | 2 | 1 | 200sf | (a) | 20 feet | 20 feet (d) | Yes | Yes |
Less than five (5) | Two (2) or more | 3 | 2 | 200sf | (b) | 20 feet | 20 feet (d) | Yes | Yes |
Less than ten (10) | Five (5) or more | 5 | 3 | 200sf | (c) | 20 feet | 20 feet (e) | No | Yes (f) |
Not limited | Ten (10) or more | No limit | No limit | 200sf | No limit | 20 feet | 20 feet (e) | No | Yes (f) |
(a) | May not exceed 1,200 sf. | |
NOTE: Exception, on lots of one (1) acre or less, only 1 minor and 1 major accessory buildings are allowed. | ||
(b) | The combined footprint of all major accessory buildings may not exceed the greater of: | |
(i) | 50% of the first floor area of the principal dwelling, if any; or | |
(ii) | 2.0% of the lot size; or | |
(iii) | 2,000 square feet. | |
NOTE: Assuming minimum lot size of 2 acres, this permits up to 2,000 sf in major accessory buildings (2% x 2 x 43,560 = 1,742 sf) unless the first floor area of dwelling, if any, exceeds 4,000 sf, then the dwelling size becomes the limiting factor. | ||
NOTE: Assuming maximum lot size of up to 5 acres, this permits up to 4,356 sf (2% x 5 x 43,560 = 4,356) of major accessory buildings unless the first floor area of the principal dwelling, if any, is greater than 8,712 sf. | ||
(c) | The combined footprint of all major accessory buildings may not exceed 2% of the lot size. | |
NOTE: Assuming 5 acre minimum lot, this permits either one major accessory building of up to 4,356 sf or two/three major accessory buildings that together have no more than 4,356 sf. | ||
NOTE: Assuming maximum lot of up to 10 acres, this permits either one major accessory building of up to 8,712 sf or two/three major accessory buildings that together have no more than 8,712 sf. | ||
(d) | May exceed maximum height requirement if for every one foot (1') over the maximum, the rear yard setback is increased by 5 feet and the side yard setback is increased by 5 feet. In no case to exceed the lower of 35 feet or height of the primary residence. | |
(e) | May exceed maximum height requirement if for every one foot (1') over the maximum, the rear yard setback is increased by 5 feet and the side yard setback is increased by 5 feet. In no case to exceed 35 feet. | |
(f) | On lots of 5 acres or greater, a major accessory building can not be habitable unless there is also a residential dwelling on the lot. | |
NOTE: For lots of 5 acres or greater, the installation of accessory structures does not require the presence of a residential dwelling. | ||
NOTE: When property owners own contiguous properties, this would apply to the combined properties, not each individual separate property. | ||
(Ordinance 22-004 adopted 5/9/22)
§ 4-105 Projections from Buildings.
(A)
Cornices, eaves, canopies, platforms, sunshades, gutters, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, and other similar architectural features may project not more than three (3) feet into a required yard or into required open space as established by coverage standards. Open and unenclosed terraces or porches, platforms, ornamental features and eave and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, that no supporting structure for such extensions may be located within the required front yard. The supporting structure of an open carport or other structure for the storage of automobiles shall not be located within the required front yard.
§ 4-106 Maintenance of Minimum Ordinance Requirements.
No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the effective date of this Ordinance shall be reduced in area, dimension, or size below the minimum required by this Ordinance, nor shall any lot area, yard or other open space or off-street parking or loading area which is required by this Ordinance for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for any other use.
Maintenance of all aspects of the public environment, to include landscaping care, upkeep of public gathering areas, maintenance of streetscape elements (except emptying of trash receptacles, replacement of light bulbs in street lamps, etc.) for all residential or nonresidential development shall be the responsibility of a homeowners’ association (HOA) and/or a property owners’ association.
(Ordinance 4-200, sec. 1, adopted 12/20/04)
§ 4-107 General Exception to Lot Size Requirements.
If, at the time of passage of this Ordinance, a lot, or the aggregate of contiguous lots or land parcels held in a single ownership, has an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied by any use permitted outright in the district subject to the other requirements of the district.
§ 4-108 Exceptions to Yard Requirements.
The following exception to the front yard requirement for dwellings abutting local streets not including collector or arterial streets is authorized for a lot in any district. If there are dwellings on both abutting lots with front yards of less than the required depth for the district, the front yard for the lot need not exceed the average front yard of the abutting dwellings. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the district, the front yard for the lot need not exceed a depth one-halfway between the depth of the abutting lot and the required front yard depth.
§ 4-109 General Exception to Building Height Limitations.
The following types of structures or structural parts and architectural elements are not subject to the building height limitations of this Ordinance: chimneys, tanks, church spires, belfries, domes, monuments, flagpoles, cupolas, ornamental windmills that are placed on the ground, antennas placed on the roof intended for television reception and other similar projections or architectural elements place[d] above the roof level and not intended for human occupancy.
The issuance of a conditional use permit is required for windmills used to produce energy or water or placed on a roof, fire and hose towers, observation towers, transmission towers, cell phone towers and radio and television towers.
(Ordinance 06-218, sec. 1, adopted 3/13/06)
§ 4-110 Vision Clearance.
Vision clearance areas shall be provided with the following distance establishing the size of the vision clearance area:
(A)
In a residential district, the minimum distance shall be forty-five (45) feet or at the intersections including an alley, fifteen (15) feet. In all other districts, the minimum distance shall be fifteen (15) feet or, at intersections including an alley, fifteen (15) feet, except that when the angle of intersection between streets is less than thirty (30) degrees, the distance shall be twenty-five (25) feet. However, fences, walls, and hedges two and a half (2.5) feet in height or less may be located in the vision clearance areas of all districts. When topography prevents a clear view, the earth bank shall be modified to correct the problem.
§ 4-111 Screening.
(A)
All exterior activity areas including, but not limited to, parking areas, service areas and outdoor storage areas shall be screened by means of plant materials, earth mounding, architectural screens or siting so as to provide visual and aural separation between these elements and adjacent residential property whether existing or proposed.
(B)
Where there is a common side or rear lot line or lot lines between commercial and developed residential areas, the owner of said commercial land shall erect a fence that properly screens adjacent residential lots from adverse influences such as noise, vehicular lights, trespass, and other adverse influences as part of the normal construction of buildings dedicated to said nonresidential usage.
(C)
When fences, walls or hedges are utilized for screening the minimum height may be eight (8) feet.
All HVAC equipment, transformers, lift stations, trash receptacles/dumpsters and like structures shall be screened from the main public right-of-way by a “live” screening wall or masonry wall of like material to the main structure. A parapet must fully screen any mechanical equipment located on the top of a roof. Storage sheds shall be completely screened from the main roadway and located to rear of main structure unless constructed of wood or wood-like materials (ex. Smart Panel, Hardi Plank). Structures for use in farming or ranching shall either be screened from the main roadway by the main or secondary structure or set back from the front lot line by a minimum 150'. Any outdoor/open storage must be fully screened from public view using fencing materials prescribed herein. “Spill-over” light, glare, noise and/or exhaust fumes onto adjacent residential uses shall be minimized and subject to approval by the Planning and Zoning Commission on the Concept and Development Plan. For public facilities related to utility services, a screening wall of a minimum 6' height will be required for all areas open to public view.
(Ordinance 04-200, sec. 1, adopted 12/20/04)
§ 4-112 Fences, Walls and Hedges.
Fences, walls and hedges six (6) feet in height or less shall be permitted in any side or rear yard. No solid fence, wall or hedge over two and one-half (2.5) feet in height and no fence less than eighty (80) percent open over two and one-half (2.5) feet in height shall be located closer than twenty-five (25) feet from a public street (excluding alleys). The only exceptions to the foregoing shall be:
(A)
Solid fences, walls and hedges six (6) feet in height or less shall be permitted in side or rear yards which abut an arterial street;
(B)
Fences, walls and hedges shall be permitted in any required front yard in the RE10, RE5, R2 and R1 Districts. Provided that no solid fence, wall or hedge over two and one-half (2.5) feet shall be located closer than twenty-five (25) feet of a street or right-of-way. Fences six (6) feet or less and at least eighty (80) percent open may be located within the property boundaries provided the fencing does not violate Section 4-110 Vision Clearance.
(D)
All fences shall have a minimum of one gate for emergency ingress and egress. The minimum width of such a gate shall be three (3) feet.
(E)
All gates for residential driveways shall be a minimum of eighteen (18) feet inside the property line in order to adequately provide maneuvering off of public streets and alleys.
(F)
Gates across front entrances of homes must be eighteen (18) feet inside property line to avoid stopping in public street.
(G)
If a gate has a remote electrical opening device in which the gate swings inward or slides parallel to the property line, the gate may be placed on the property line.
(H)
No gates may swing into the street right-of-way.
Fencing shall be a maximum height of 6'. Fencing shall be constructed of masonry, PVC, wood, wrought iron, woven wire, pipe rail and/or planting materials. Single strand wire fencing shall be allowed, except in the R1, R1-A, and TC districts where lots are on 1 acre or less. Except as provided in Section 2-103A, fencing located between the main structure and a public right-of-way shall be largely transparent (a minimum 60% of total surface area shall be open). See pictures below for appropriate fencing examples. Fencing located between the main structure and a public right-of-way may be placed adjacent to the public right-of-way, on private property, but not on an easement. (see pictures below). |
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§ 4-113 Renting of Rooms.
The renting of rooms to one (1) person not a member of the family residing in the same dwelling unit may be permitted as an accessory use provided the following conditions are met:
§ 4-114 Animals.
Regulations pertaining to control of certain animals in the Town are specified in other ordinances of the Town of Copper Canyon.
§ 4-115 Swimming Pools.
It is the purpose of these provisions to recognize an outdoor swimming pool as a potential attractive nuisance and to promote the public safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated.
(A)
Permits and Approvals: No swimming pool shall be constructed or used until a Swimming Pool Building Permit and a Certificate of Occupancy have been issued therefor. No Building Permit and no final Certificate of Occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State Health Department regulations.
(B)
Requirements: A swimming pool may be constructed and operated when
(1)
The pool is not located in any required front or side yard abutting a street,
(2)
All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, that direct rays from the lights shall not be visible from adjacent properties; and
(3)
No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.
(4)
During the construction phase, a permanent or temporary barrier meeting the requirements of (5) below is required.
(5)
In conjunction with construction, or after completion of construction, of any outdoor swimming pool, and after inspection and approval by the Town prior to plastering or filling with water, there shall be installed a barrier that shall comply with the following:
A.
The top of the barrier shall be at least forty-eight inches (48") above grade measured on the side of the barrier, which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (2") measured on the side of the barrier, which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four inches (4") when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the above-ground pool structure. When barriers have horizontal members spaced less than forty-five inches (45") apart, the horizontal members shall be placed on the pool side of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited.
B.
Openings in the barrier shall not allow passage of a 1-3/4-inch-diameter sphere.
EXCEPTIONS: (1) When vertical spacing between such openings is forty-five inches (45") or more, the opening size may be increased such that the passage of a four-inch-diameter sphere is not allowed; (2) For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches (4") when the distance between the tops of horizontal members is forty-five inches (45") or more.
C.
Chainlink fences used as the barrier shall not be less than 11 gauge.
D.
Access gates shall comply with the requirements of subsections A through C of this subsection. Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than fifty-four inches (54") from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the barrier at least three inches (3") below the top of the gate, and (2) the gate and barrier shall have no opening greater than 1/2 inch within eighteen inches (18") of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use.
E.
Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access, or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of subsections A through E of this subsection. When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with subsections A through E of this subsection.
F.
All doors with direct access to the swimming pool shall be equipped with an alarm that sounds continuously for at least thirty (30) seconds, after the door and its screen, if present, are opened. It must be capable of providing an audible warning level capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions and be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last no longer than fifteen (15) seconds. The deactivation device shall be located at least fifty-four inches (54") above the threshold of the door. Further, all doors leading into the pool area shall be equipped with self-closing and self-latching devices installed with a release mechanism located a minimum of fifty-four inches (54") above the floor. These devices shall be subject to approval by the Town.
G.
For purposes of this Section, “swimming pool” means a permanent swimming pool, over eighteen inches (18") deep, located at ground level, above ground or below ground.
H.
For any swimming pool constructed in the Town, a homeowner shall certify in writing, on a form approved by the Town, that the foregoing barrier and pool protection devices have been installed.
(Ordinance 15-014 adopted 9/28/15)
§ 4-116 Buildings on the Same Lot.
(A)
Only one (1) principal structure shall be permitted on any lot.
(C)
In all zoning districts, the primary structure and all accessory structures shall not cover more than twenty-five percent (25%) of the total lot area. Lot coverage refers to the percentage of the lot area covered by the foundation and the first floor of the primary structure and all accessory structures.
(Ordinance 06-218, sec. 1, adopted 3/13/06; Ordinance 23-001 adopted 2/13/2023)
§ 4-117 Major Recreational Equipment.
For the purpose of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot, or in any location not approved for such use.
§ 4-118 Temporary Buildings and Equipment.
Temporary buildings and equipment for uses incidental to construction work on premises must be approved by the Building Inspector and shall be removed upon the completion or abandonment of construction work.
§ 4-119 Structures to Have Access.
Every building hereafter erected or moved into Town shall be on a lot or building plot with direct access on a public or approved private street. All structures shall be so located on lots or building plots as to provide safe and convenient access for servicing, fire protection, and the required on-site parking.
§ 4-120 Noise Abatement.
Noise magnitudes shall be controlled to reasonable levels in accordance with the Noise Abatement and Control Ordinance of the Town of Copper Canyon.
§ 4-121 Commercial Communications Towers.
(A)
Purpose. The purpose of this section is to establish guidelines for the siting of commercial communications towers.
(B)
Intent. The intent of this section is to:
(1)
Encourage the location of towers in nonresidential areas;
(2)
Minimize the total number of towers throughout the community;
(3)
Encourage the joint use (co-location) of new and existing towers; and
(4)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(C)
General regulations. All commercial communications towers and support structures shall comply with the following:
(1)
All municipally owned towers and tower support structures shall be permitted in any district (e.g., public safety communications and similar governmental uses).
(2)
All commercial communications towers shall comply with all regulations of the Federal Communications Commission (FCC) and the regulations contained herein shall not apply to the extent that they have been preempted by specific regulations of the FCC to the contrary.
(D)
Specific regulations. Commercial communications towers and tower support structures shall be depicted in a concept plan consistent with the provisions of section 2.3(D) of the town’s subdivision ordinance and shall also comply with the following:
(1)
Height. The height of commercial communications towers shall be measured from the average grade of the ground adjacent to the base to the highest point on the structure. If located on a building, the height of the tower shall include the height of the building. Commercial communications towers shall not be subject to the height regulations of the district in which they are located, provided that they shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).
(2)
Setbacks. The principal support structure of all commercial communications towers shall be located so as to provide a minimum distance from the tower to all property lines equal to 100 percent (100%) of the height of the tower.
(3)
Residential districts. When a commercial communications tower is proposed in or adjacent to a residential district, it shall be demonstrated that existing or approved commercial communications towers within the proposed service area cannot accommodate the equipment planned to be located on the proposed commercial communications tower. Factors to be considered in evaluating the practicality of siting a tower shall include structural capacity, RF interference, geographic service area requirements, and cost (if fees and costs for sharing would exceed the cost of the new tower).
(4)
Anchor location. Commercial communications tower peripheral supports and guy anchors may be located within required yard setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five feet from any property line and no closer than 20 feet from a property line if the tower is adjacent to a single-family residential district or residential uses. All commercial communications tower supports and peripheral anchors shall be set back a minimum of 50 feet from any existing or planned street right-of-way line.
(5)
Location of accessory structures. All structures accessory to a commercial communications tower, other than peripheral guy anchors, shall conform to the setback standards for the district in which the use is located.
(6)
Fencing. A solid fence or wall of brick, stone or approved masonry construction not less than eight feet in height from finished grade shall be constructed around each commercial communications tower and around each guy anchor, if used. Access to the tower shall be through a locked gate. Barbed wire shall be used along the top of the fence or wall if it is necessary to preclude unauthorized access to the tower.
(7)
High voltage signs. If high voltage is necessary for the operation of the commercial communications tower and it is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE - DANGER.”
(8)
Landscaping and screening. Commercial communications towers shall be screened as follows: a landscape screen and masonry wall shall be placed around the perimeter of the tower and any accessory structures, including guy anchors, provided that the landscape screening requirement may be waived when the base of the tower is not visible from adjacent lots or rights-of-way. Landscaping shall be placed on the outside of fences.
(9)
Additional uses permitted on lot. Commercial communications towers may be located on lots containing another principal use, and may occupy a leased parcel on a lot meeting the minimum lot size requirement of the district in which it is located. Towers and their associated equipment shall be separated from other structures on the lot by a minimum distance of 50 feet.
(10)
Removal of obsolete facilities. All obsolete or unused commercial communications towers shall be removed by the owner or operator within 12 months of cessation of use.
(11)
Radiation standards. A commercial communications tower shall comply with current FCC standards for nonionizing electromagnetic radiation (NIER).
(E)
Additional Requirements for new commercial communications towers.
(1)
Co-location of commercial communications towers shall be required. No new commercial communications towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the town that no existing communications tower or structure can accommodate the applicant’s proposed antennas. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antennas may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area which meet the applicant’s engineering requirements;
(b)
Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements;
(c)
Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antennas and related equipment; or
(d)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(2)
Any proposed commercial wireless telecommunications service tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least three additional users if the tower is over 100 feet in height or for at least two additional users if the tower is over 50 feet in height. Towers must be designed to allow for future rearrangements of antennas upon the tower and to accept antennas mounted at varying heights.
(Ordinance 2009-272, sec. 2, adopted 3/9/09)