(a)

The purpose and intent of this division is to regulate the placement, construction and modification of towers and antennas in order to protect the health, safety and welfare of the public, while at the same time not prohibiting the provision of wireless telecommunications services or unreasonably interfering with the development of the competitive telecommunications business.

(b)

This division shall include the following regulations and requirements that will: protect the health, safety, and welfare of the public; protect residential areas and other land uses from potential adverse impact of antennas and towers; minimize adverse visual impact of antennas and towers through careful design, siting, and landscaping; promote and encourage shared use (co-location) of towers and antenna support structures as a primary option rather than construction of additional single-use towers; avoid potential damage to property caused by antennas and towers by ensuring such structures are soundly and carefully designed, constructed, modified and maintained; and ensure that antennas and towers are compatible with surrounding land uses.

(Ord. No. 2818, § 3, 2-10-98)

The following terms have the following meanings as used in this division:

Antenna means any exterior apparatus designed to transmit or receive communications as authorized by the FCC. The term "antenna" shall not include satellite earth stations used to receive direct-to-home satellite services as defined in 42 U.S.C. § 303(v). An array of antennas, installed at one time and designed as a single, integrated system, shall be considered to be a single antenna.

Antenna support structure means any building or other structure other than a tower, which can be used for the location of an antenna. An antenna support structure shall be referred to as a "utilized antenna support structure" if it is or has been used for the location of an antenna.

Applicant means any person who applies for a tower construction, tower modification, antenna or existing tower permit.

Application means all written documentation, verbal statements, and representations made by an applicant to the city concerning a request by the owner of property, or its agent, for a tower construction, tower modification, antenna or existing tower permit for such property. All applications must be signed by the owner of the property or its agent, and by the provider.

Available means a tower, site or antenna support structure which: has a willing lessor or seller who is willing to lease or sell its property on commercially reasonable terms; and is a technologically feasible alternative to a proposed tower, site or antenna support structure;

Colocation means the process of locating two or more antennas, owned or operated by the same or different providers, on an existing or proposed tower or antenna support structure.

Commercial means the following zoning districts as defined in this article: B-2, B-2A, FBC, B-3C, B-4, SC and INST zoning districts. The characterization of these districts pursuant to this definition shall have no application outside of this division.

Engineer means any engineer licensed by the State of Florida. Radio frequency engineers do not have to be licensed by the state, however, for purposes of this division, if their qualifications include specific experience or employment in the telecommunications industry in a professional technical capacity.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Guyed tower means a tower that is supported, in whole or in part, by guy wires and ground anchors.

Industrial means The following zoning districts as defined in this article: A-I, B-5, M-1, M-2, M-3 and GU zoning districts. The characterization of these districts pursuant to this definition shall have no application outside of this division.

Lattice tower means a tower that is constructed using lattice supports and without guy wires and ground anchors.

Modify means to make significant structural changes to a tower other than routine maintenance. Includes, without limitation: structural modifications; rebuilding; or relocating on the same parcel. Does not include adding additional or different antennas or minor structural changes made in connection therewith.

(1)

For purposes of this article:

a.

"Significant structural changes" are changes to the tower which in the opinion of the building official, significantly alter the tower's structure or its attachment to the ground, including, without limitation: rebuilding a tower; building a new tower around an existing tower; changing, or making changes which necessitate changes, to the tower foundation; or adding new guy anchors or guy wires.

b.

"Minor structural changes" are changes to the tower which, in the opinion of the building official, do not significantly alter the tower's structure or its attachment to the ground, including, without limitation: adding steel reinforcements; or adding fasteners or brackets.

(2)

The significant structural changes shall be subject to the requirements of this division concerning "modified towers" or "modifications to towers" if:

a.

They are made to accommodate co-location; and

b.

After the changes, the tower will not exceed 20 feet over the tower's existing height.

(3)

If the significant structural changes do not meet the requirements of the preceding subparagraph, they shall be subject to the requirements of this division concerning "new towers" or the "construction of towers."

Monopole tower means a tower consisting of a single pole or spire self supported by a permanent foundation, and constructed without guy wires and ground anchors.

Non-residential means commercial and industrial zoning districts as defined in this section. The characterization of these districts pursuant to this definition shall have no application outside of this division.

Provider means the owner or operator of an antenna, tower, or antenna support structure.

Residential means the following zoning districts as defined in this article: R-1, R-1A, R-1AA, R-2, R-3, RO, RZL, RBH, OH, MH, PD, O-1, OP, B-1 and B-1A zoning districts. The characterization of these districts pursuant to this definition shall have no application outside of this division.

Telecommunications Act means the Telecommunications Act of 1996 enacted by Congress on February 8, 1996, and codified at 42 U.S.C. § 332.

Temporary tower means a guyed or monopole structure constructed from grade, or installed on the back of a motor vehicle manufactured or modified for such purpose, which supports antennas and which is utilized to temporarily replace an existing tower or a tower for which a permit has been issued pursuant to section 122-1045 (a "permitted tower") because the existing tower or permitted tower is: not structurally sound or in conformance with the adopted city building and electrical codes; or otherwise unsafe. Such an existing or permitted tower is referred to as a "deficient tower."

Tower means a lattice, guyed or monopole structure constructed from grade which supports antennas. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC. A tower shall be referred to as a "new tower," if it was not constructed or approved by the city for construction prior to the effective date of this division. A tower shall be referred to as an "existing tower" if it was constructed or approved by the city for construction prior to the effective date of this division.

(Ord. No. 2818, § 4, 2-10-98; Ord. No. 2900, § 1, 10-19-98; Ord. No. 2018-42, § 36, 9-25-18; Ord. No. 2019-28, § 29, 3-19-19)

(a)

A new tower shall be permitted as a principal or accessory use:

(1)

In nonresidential zoning districts, without exception if there are no available towers or antenna support structures located within a one-half mile radius of the proposed tower.

(2)

In residential zoning districts, only upon receipt of a special exception from the board of adjustment and upon meeting the following requirements (in addition to those required for a special exception in other circumstances):

a.

There are no available sites in non-residential zoning districts, or available towers or antenna support structures, within a one-half mile radius of the proposed tower; and

b.

Denying a permit for the proposed tower would prohibit or have the effect of prohibiting the provision of "personal wireless service," as defined in the Telecommunications Act.

(b)

The modification of a tower or attachment of an antenna to tower or antenna support structure shall be permitted without exception as a principal or accessory use in residential and non-residential zoning districts.

(c)

Distances shall be measured by drawing or following a straight line between the proposed base of the proposed tower as shown on the site plan, and the location of: the proposed base of a proposed tower on an available site; the base of a constructed tower; or the closest part of an antenna support structure which contacts the ground and provides structural support (e.g., wall of a building, base of water tower or utility pole, etc). Distances shall be calculated and applied irrespective of municipal or county jurisdictional boundaries. Distances shall be measured from the Global Positioning System location of structures.

(Ord. No. 2818, § 5, 2-10-98)

(a)

New towers are subject to the following height limitations:

(1)

In industrial zoning districts:

a.

If the tower is capable of supporting co-location and the provider agrees to allow co-location under reasonable conditions (including permitting co-location of antennas owned by other providers), the tower height shall not exceed 300 feet in height.

b.

All other towers shall not exceed 200 feet in height.

(2)

In commercial zoning districts:

a.

If the tower is capable of supporting co-location and the provider agrees to allow co-location under reasonable conditions (including permitting co-location of antennas owned by other providers), the tower height shall not exceed 200 feet in height.

b.

All other towers shall not exceed 125 feet in height.

(3)

In residential zoning districts, a tower shall not exceed 125 feet in height.

(b)

Modified towers in residential districts shall not exceed 125 feet in height.

(c)

Tower height shall be measured from grade and shall include: the tower structure itself; the base pad; and any antenna attached thereto which extends over the top of the tower structure itself, except an antenna which extends over the top of the tower structure by no more than 20 feet shall not be included.

(Ord. No. 2818, § 6, 2-10-98)

(a)

No person shall construct a new tower, modify a tower, or add an antenna to a tower or an antenna support structure; without first obtaining a permit pursuant to this section. Such permit shall be in addition to any other permits (e.g. building permits) which may be required by this Code for the activity.

(b)

All persons owning or operating an existing tower within the municipal limits of the city shall apply for an existing tower permit on or before October 1, 1998. The city shall issue such a permit upon the applicant's compliance with subsection (g) of this section.

(c)

Applications for permits:

(1)

For the construction of new towers or modifications of towers shall be subject to approval as part of the building and site plan review process; if, however, a tower already complies with the requirements of this division, site plan review of a modification of the tower may be waived by the building official; and

(2)

For the addition of antennas shall be subject to approval by the building official.

(d)

An applicant requesting a permit to construct a new tower shall include the following:

(1)

The name and address of the owner of the property and of the provider;

(2)

A legal description and street address of the property;

(3)

A site plan (ten copies) drawn to scale. The building official shall provide a checklist of items required for the site plan. The site plan shall also include criteria consistent with the requirements of this division;

(4)

The height of the proposed tower;

(5)

The names, addresses and telephone numbers of all owners, including government entities, and the location, of other towers or usable antenna support structures within a one-half mile radius of the proposed tower;

(6)

Written documentation demonstrating that the applicant made diligent efforts to co-locate on towers or on usable antenna support structures owned by other persons, including governmental entities, located within a one-half mile radius of the proposed tower;

(7)

A description of the tower with technical reasons for its design;

(8)

Written, technical evidence from an engineer that the proposed structure meets the structural requirements set forth in this division. The applicant shall submit the necessary building plans to the building official;

(9)

If volatile, flammable, explosive, or hazardous materials (such as LP gas, propane, gasoline, natural gas, corrosive or other dangerous chemicals) except standard battery back up systems typically used in the telecommunications industry, are present on the site or in proximity thereto, written, technical evidence from a qualified engineer and acceptable to the fire marshal and the building official, that the proposed site of the tower does not pose a risk of explosion, fire or other danger to life or property;

(10)

Payment of an application fee of $500.00 for the permit, as well as all other fees and charges assessed by the city (e.g. fees for building permits, site plan review, etc.). The applicant shall pay any reasonable additional costs incurred by the city in processing the application including, without limitation, compensation for engineers (including radio frequency engineers) or other technical consultants retained by the city; and

(11)

Any other information reasonably required by the building official to determine compliance with the requirements of this division.

(e)

An applicant requesting a permit to modify a tower shall include the following:

(1)

The name and address of the owner of the property and of the provider;

(2)

A legal description and street address of the property;

(3)

A site plan (ten copies) drawn to scale. The building official shall provide a checklist of items required for the site plan. The site plan shall also include criteria consistent with the requirements of this division;

(4)

The height of the modified tower;

(5)

Written documentation that the modification is being made to accommodate co-location and that, after the changes, the tower will not exceed 20 feet over the tower's existing height;

(6)

A description of the tower with technical reasons for its design;

(7)

Written, technical evidence from an engineer that the proposed structure meets the structural requirements set forth in this division. The applicant shall submit the necessary building plans to the building official;

(8)

If volatile, flammable, explosive, or hazardous materials (such as LP gas, propane, gasoline, natural gas, corrosive or other dangerous chemicals) except standard battery back up systems typically used in the telecommunications industry, are present on the site or in proximity thereto, written, technical evidence from a qualified engineer and acceptable to the fire marshal and the building official, that the proposed site of the tower does not pose a risk of explosion, fire or other danger to life or property; and

(9)

Payment of an application fee of $250.00 for the permit, as well as all other fees and charges assessed by the city (e.g. fees for building permits, site plan review, etc.). The applicant shall pay any additional costs incurred by the city in processing the application including, without limitation, compensation for engineers (including radio frequency engineers) or other technical consultants retained by the city.

(10)

Any other information reasonably required by the building official to determine compliance with the requirements of this division.

(f)

An applicant requesting a permit for a new antenna on an antenna support structure or tower shall include the following:

(1)

The name and address of the owner of the properly and of the provider;

(2)

A legal description and street address of the property;

(3)

A sketch depicting the location of the new antenna on the tower or antenna support structure drawn to scale.

(4)

If a structure will be constructed on the ground in connection with the addition of the antenna, a site plan (ten copies) drawn to scale. The building official shall provide a checklist of items required for the site plan. The site plan shall also include criteria consistent with the requirements of this division;

(5)

The height of the antenna support structure or tower (including the antenna);

(6)

A description of the antenna and the tower or antenna support structure with technical reasons for the design of the attachment of the antenna;

(7)

Written, technical evidence from an engineer that the proposed structure meets the structural requirements set forth in this division after the addition of the new antenna;

(8)

Payment of an application fee of $50.00 for the permit, as well as all other fees and charges assessed by the city (e.g. fees for building permits, etc.). The applicant shall pay any reasonable additional costs incurred by the city in processing the application including, without limitation, compensation for engineers (including radio frequency engineers) or other technical consultants retained by the city; and

(9)

Any other information reasonably required by the building official to determine compliance with the requirements of this division.

(10)

In the event the building official determines that the addition of the antenna to the tower will not materially increase the load on the tower or antenna support structure or that any of the information required by subsections (3), (5), (6) or (7) of this subsection (f) is not required, it may waive the requirements of all or a portion of such subsections as it deems appropriate.

(g)

An applicant requesting an existing tower permit shall include the following:

(1)

The name and address of the owner of the property and of the provider;

(2)

A legal description and street address of the property;

(3)

Any existing site plans in the provider's possession or reasonably available to him. Provided, no applicant shall be required to obtain new site plans to comply with this requirement;

(4)

The height of the antenna support structure or tower (including the antenna); and

(5)

Any other information reasonably required by the building official to determine compliance with the requirements of this division.

(h)

All tower construction permits, tower modification permits, antenna permits, and existing tower permits must be renewed as set forth herein.

(1)

Each issued permit must be renewed except:

a.

If a tower modification or antenna permit was issued in connection with a tower for which a tower construction or existing tower permit has been issued, only the tower construction or existing tower permit need be renewed.

b.

If an antenna permit was issued in connection with a tower for which a tower modification or existing permit has been issued, only the tower modification or existing tower permit need be renewed.

c.

Only one antenna permit for each antenna support structure need be renewed.

(2)

Permits must be renewed, on or before October 1 of each year, by payment of a renewal fee of $30.00 for each permit renewed and completion of a renewal application provided by the building official.

(i)

Distances shall be measured by drawing or following a straight line between the proposed base of the proposed tower as shown on the site plan, and the location of: the base of an existing tower; or the closest part of an antenna support structure which contacts the ground and provides structural support (e.g., wall of a building, base of water tower or utility pole, etc.). Distances shall be calculated and applied irrespective of municipal or county jurisdictional boundaries. Distances shall be measured from the Global Positioning System location of structures.

(Ord. No. 2818, § 7, 2-10-98)

(a)

A temporary tower may be located only on the same site as a deficient tower and shall be located within 500 feet of the deficient tower.

(b)

A temporary tower shall not exceed the height of the deficient tower it is replacing.

(c)

No temporary tower shall be utilized on a site for more than six months on each occasion when the existing or permitted tower becomes a deficient tower.

(d)

A temporary tower may utilize diesel or gasoline for power only if electricity is not available on-site.

(e)

Notwithstanding the requirements of section 122-1048 and of adopted city building and electrical codes, a temporary tower shall only be required to withstand a windload of 80 miles per hour at the location where it is constructed or utilized.

(f)

No person shall construct or utilize a temporary tower without first obtaining a temporary tower permit pursuant to this subsection. Such permit shall be in addition to any other permits (e.g. building permits) which may be required by this Code for the activity but shall be in lieu of a new tower permit or modified tower permit (which permits shall still apply to any construction or utilization of the deficient tower). An applicant requesting a temporary tower permit shall include the following:

(1)

The name and address of the owner of the property and of the provider;

(2)

A legal description and street address of the property;

(3)

A site plan (ten copies) drawn to scale. The building official shall provide a checklist of items required for the site plan. The site plan shall also include criteria consistent with the requirements of this division;

(4)

The height of the temporary tower;

(5)

Written documentation establishing that the existing or permitted tower is a deficient tower;

(6)

A description of the tower with technical reasons for its design;

(7)

Written, technical evidence from an engineer that the proposed temporary tower meets the structural requirements set forth in this division. The applicant shall submit the necessary building plans to the building official;

(8)

If volatile, flammable, explosive, or hazardous materials (such as LP gas, propane, gasoline, natural gas, corrosive or other dangerous chemicals) except standard battery back up systems typically used in the telecommunications industry, are present on the site or in proximity thereto, written, technical evidence from a qualified engineer and acceptable to the fire marshal and the building official, that the proposed site of the tower does not pose a risk of explosion, fire or other danger to life or property; and

(9)

Payment of an application fee of $250.00 for the permit, as well as all other fees and charges assessed by the city (e.g. fees for building permits, site plan review, etc.). The applicant shall pay any additional costs incurred by the city in processing the application including, without limitation, compensation for engineers (including radio frequency engineers) or other technical consultants retained by the city.

(10)

Any other information reasonably required by the building official to determine compliance with the requirements of this division.

(Ord. No. 2900, § 2, 10-19-98)

(a)

New towers in commercial and residential zoning districts must meet the following minimum separation requirements from previously constructed towers or from towers which have a permit but are not yet constructed at the time a permit is granted pursuant to this division:

(1)

Monopole towers shall be separated from all other towers, whether monopole, lattice or guyed, by a minimum of 750 feet;

(2)

Lattice or guyed towers shall be separated from all other lattice or guyed towers by a minimum of 1,500 feet; and

(3)

Lattice or guyed towers shall be separated from all monopole towers by a minimum of 750 feet.

(b)

The separation distances between towers shall be measured by drawing or following a straight line between the base of the constructed or approved tower and the proposed base, as set forth in the site plan, of the proposed tower. The minimum tower separation distances shall be calculated and applied irrespective of municipal or county jurisdictional boundaries. Separation distances shall be measured from the Global Positioning System location of the existing or proposed tower.

(Ord. No. 2818, § 8, 2-10-98)

(a)

All new towers shall be setback from adjacent uses on the same property and from all property lines of the parcel as follows:

(1)

In industrial zoning districts, the tower shall comply with the minimum setback requirements of the applicable zoning district as set forth in this chapter. In addition, if there is a contiguous parcel with a residential zoning or use, the tower shall be setback a distance of one foot for every five feet in height of the proposed tower from the closer of: the property line of the parcel; or the base of the structure which constitutes the residential use;

(2)

In residential and commercial districts, the tower shall be set back the greater of: the minimum setback requirements of the applicable zoning district as set forth in this chapter; or a distance of one foot for every five feet in height of the proposed tower.

(3)

In addition to the above requirements:

a.

Towers shall be located on a parcel in such a manner that in the event of collapse, the tower structure and its supporting devices shall be contained within the confines of the property lines of the parcel; and

b.

Structural support devices such as peripheral anchors, guy wires or other supporting devices shall be located no closer than ten feet from any property line of the parcel.

(b)

Setbacks from property lines shall be measured from the base of the tower to property or right of way line. Setbacks from structures shall be measured from the base of the tower to the base of the structure.

(Ord. No. 2818, § 9, 2-10-98)

(a)

All antennas and towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the adopted city building and electrical codes, and any other reasonable standards deemed necessary by the building official.

(b)

Upon completion of work authorized by a permit issued pursuant to this division (i.e. construction or modification of a tower, or installation of an antenna), the provider must provide certification from an engineer that the work was done pursuant to the permit, and in conformance with the requirements of subsection (a) of this section.

(c)

All towers, antennas, and antenna support structures shall be inspected and certified by an engineer, at least once every five years, as being in conformance with the requirements of subsection (a) of this section.

(d)

A tower may be required by the city to be more frequently inspected and certified should there be reason to believe that the structural or electrical integrity of the tower is jeopardized.

(e)

All certifications and inspections required hereby shall be made by and at the sole cost of the provider, and certified and submitted to the city.

(f)

The city shall have authority to enter onto all property upon which a tower or antenna is located, for purposes of inspections and certifications required hereby, to inspect the tower and antenna for the purpose of determining whether it complies with all applicable laws and regulations. The city reserves the right to conduct such inspections at any time, upon reasonable notice to the provider. All reasonable expenses related to such inspections by the city shall be borne by the provider.

(Ord. No. 2818, § 10, 2-10-98)

(a)

Providers shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(b)

Providers shall install and maintain towers, antennas, wires, cables, fixtures and other equipment in compliance with the requirements of adopted city building and electrical codes and any other reasonable standards deemed necessary by the building official, and in such manner that will not interfere with the use of other property.

(c)

All towers, antennas and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

(d)

All maintenance or construction on towers, antennas and antenna support structures shall be performed by licensed maintenance and construction personnel.

(e)

All towers shall maintain compliance with current radio frequency emission standards of the FCC or any superseding city, state or federal regulations.

(f)

In the event the use of a tower is discontinued by the provider, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued.

(Ord. No. 2818, § 11, 2-10-98)

(a)

The provider of a new tower, or of a modified tower which does not already meet the requirements of this section, shall plant:

(1)

A row of ornamental trees a minimum of eight feet tall and a maximum of ten feet on center around the perimeter of the fence; and

(2)

A continuous hedge at least 30 inches in height at planting and capable of growing to at least 36 inches in height within 18 months between the trees required by the preceding subsection.

(b)

The landscaping materials and their irrigation system shall be consistent with the requirements of section 122-260(e).

(c)

The building official may waive, in whole or in part, the landscaping requirements of this section upon its determination that the landscaping as required would be ineffectual or inconsistent with landscaping of the surrounding property.

(d)

Towers shall not be artificially lighted except:

(1)

As required by the FAA, FCC or similar authority. If lighting is required, it shall be installed in such a manner as to minimize impacts upon surrounding properties. Dual lighting (i.e., red at night and white strobe during the day) shall be utilized unless it is not allowed by the FAA.

(2)

Security and safety lighting of equipment buildings located at the base of towers is permitted if it is down shielded to focus the light within the boundaries of the site.

(e)

No signage shall be allowed on any tower, except as required for public safety purposes, or by the FCC.

(f)

Outdoor storage is not permitted at a tower site.

(g)

Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent uses.

(Ord. No. 2818, § 12, 2-10-98)

(a)

A new tower, a modified tower, or a new structure shall include an eight-foot chain link fence or wall, as measured from the finished grade of the site, around the base of a tower. The fence shall be set back a minimum of ten feet from the base of the tower. The required fence or wall shall include a maximum of three strands of barbed wire at the top to prevent unauthorized access to the site; such barbed wire shall be installed consistent with the requirements of section 122-1045(a).

(b)

All parking and accessory buildings and structures shall be located within the eight-foot chain link fence or wall and screened from public view.

(Ord. No. 2818, § 13, 2-10-98)

A new tower, a modified tower, or a new structure shall be subject to the following requirements:

(1)

If high voltage is necessary for the operation of the tower, "HIGH VOLTAGE - DANGER" warning signs shall be permanently attached to all sides of the fence or wall and shall be spaced not more than 50 feet apart.

(2)

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced not more than 50 feet apart.

(3)

The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least five feet above the finished grade of the fence or wall. The signs shall use colors and designs which shall maximize their visibility.

(Ord. No. 2818, § 14, 2-10-98)

In the event that the use of any tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the building official who shall have the right to request documentation or affidavits from the tower provider regarding the active use of the tower. The provider and property owner shall have 180 days from the date of the notice of the building official's determination of abandonment to either: (1) reactivate the use of the tower or transfer the tower to another provider who makes actual use of the tower, or (2) dismantle and remove the tower. If a tower is not reactivated or removed as required hereby, the city may remove it at the expense of the provider or property owner, or both of them.

(Ord. No. 2818, § 15, 2-10-98)

(a)

All applications for an antenna or tower permit must be consistent with the requirements of the Airport Zoning Ordinance pursuant to Chapter 6, Division 2 of the Code of Ordinances, Ocala, Florida.

(b)

Any existing tower constructed in conformance with the then existing law:

(1)

[Reserved];

(2)

Shall otherwise be deemed conforming, until such tower is modified pursuant to this division, at which time it shall be subject to all requirements of this division.

(c)

This division shall not apply to the following if they are used only to support antennas which receive, but do not transmit, television signals: antenna support structures; or towers which are 50 feet or less in height.

(d)

This division shall apply to all applications for construction of towers, modifications of towers, and the attachment of antennas to towers or, antenna support structures received by the city after January 27, 1998, but which were not granted or denied by the city prior to the effective date of this division.

(Ord. No. 2818, § 16, 2-10-98)