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Guttenberg City Zoning Code

§ 28-31.4

General Guidelines and Provisions.

[Ord. No. 005-10 § I, 28-31.4]
a. 
Principal or Accessory Use or Structure. Antennas and towers shall be considered principal uses and structures regardless of whether or not a wireless telecommunications facility is the sole use of the lot. A different existing principal use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. All other structures and ancillary facilities shall be considered accessory uses and structures.
b. 
Lot Size and Setbacks. For the purpose of determining whether the installation of a tower or antenna complies with zoning 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 lots.
c. 
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.
d. 
Not Essential Services. Wireless telecommunications facilities, 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.
e. 
Multiple Antenna/Tower Plans. The Town of Guttenberg encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
f. 
Availability of an Alternative Suitable Site/Structure Analysis. No wireless telecommunications facility not meeting all of the required minimum separation distance or conditional use standards set forth in this section shall be permitted unless the applicant affirmatively demonstrates that no other site, existing tower or structure or alternative technology that does not require the use of towers or structures is available that can accommodate the applicant's targeted market coverage area in full compliance with the separation distance or conditional use standard. Evidence to demonstrate the absence of any other available option shall include a written report as specified in the submission requirements subsection (§ 28-31.11) of this section.