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Otsego City Zoning Code

CHAPTER 33

ANTENNAS

11-33-1: PURPOSE:

The purpose of this chapter is to establish predicable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communicating systems within the City while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. (Prior Code § 20-33-1)

11-33-2: GENERAL STANDARDS:

The following standards shall apply to all personal wireless service, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short wave radio transmitting and receiving antennas.
   A.   All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator.
   B.   All antennas shall be in compliance with all City Building and Electrical Code requirements and, as applicable, shall require related permits.
   C.   Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer.
   D.   Unless the antenna/antenna support structure and land is under the same ownership, written authorization for antenna erection shall be provided by the property owner.
   E.   No advertising message shall be affixed to the antenna structure.
   F.   The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional.
   G.   Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety.
   H.   When applicable, proposals to erect new antennas shall be accompanied by any required Federal, State, or local agency licenses.
   I.   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 personal wireless service communication companies and local police, fire and ambulance companies.
   J.   Antenna support structures under two hundred feet (200') in height shall be painted silver or have a galvanized finish to reduce visual impact, unless otherwise required by Federal law.
   K.   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 C, F, and I of this section, and must comply with subsection L of this section.
   L.   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. (Prior Code § 20-33-2)

11-33-3: 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 three and one-half meters (3.5 m) 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.
   A.   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 five feet (5') from all lot lines.
   B.   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 five feet (5') from all lot lines.
   C.   Accessory or secondary use antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen feet (15') 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 seventy feet (70') for the affected zoning district.
   D.   The installation of more than one support structure per property shall require the approval of a conditional use permit. (Prior Code § 20-33-3)

11-33-4: PERSONAL WIRELESS SERVICE ANTENNAS:

   A.   Agricultural And Residential District Standards:
      1.   Antennas Located Upon Public Structures: Personal wireless service antennas located upon public structures shall require the processing of an administrative permit and shall comply with the following standards:
         a.   The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.
         b.   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.
         c.   An administrative permit is issued in compliance with the provisions of chapter 8 of this title.
      2.   Antennas Not Located Upon A Public Structure: Personal wireless service antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards:
         a.   The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.
         b.   The antennas shall be located on an existing, nonresidential structure, if possible, and shall not extend more than fifteen feet (15') above the structural height of the structure to which they are attached.
         c.   If no existing, nonresidential 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:
            (1)   The pole not exceed seventy five feet (75') in height.
            (2)   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.
         d.   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.
         e.   Unless the antenna is mounted on an existing, nonresidential structure, a security fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure.
         f.   The conditional use permit provisions of chapter 4 of this title are considered and determined to be satisfied. (Prior Code § 20-33-4)
   B.   Business And Institutional District Standards:
      1.   Antennas, Other Than Small Wireless, Located Upon A Public Structure: Personal wireless service antennas, other than small wireless, located upon a public structure shall comply with the following standards:
         a.   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.
         b.   An administrative permit is issued in compliance with the provisions of chapter 8 of this title.
      2.   Antennas, Other Than Small Wireless, Not Located Upon A Public Structure: Personal wireless service antennas, other than small wireless, not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards:
         a.   The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.
         b.   The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen feet (15') above the structural height of the structure to which they are attached.
         c.   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:
            (1)   The pole not exceed seventy five feet (75') in height.
            (2)   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.
         d.   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.
         e.   Unless the antenna is mounted on an existing structure, a security fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure.
         f.   The conditional use permit provisions of chapter 4 of this title are considered and determined to be satisfied.
      3.   Small Wireless Facilities: Small wireless facilities and equipment as a permitted use, subject to the following standards:
         a.   Collocation Specifications: A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.
         b.   Height: No new wireless support structure shall exceed fifty feet (50') above ground level in height.
         c.   Extension Limits: No wireless facility shall extend more than ten feet (10') above a wireless support structure.
         d.   New Structure Placement: Where an applicant proposes to install a new wireless support structure, the new wireless support structure shall not be located within six hundred feet (600') of any existing wireless support structure.
         e.   Wireless Support Structures:
            (1)   All new wireless support structures shall be of a monopole design not exceeding eighteen inches (18") in diameter.
            (2)   All replacement wireless support structure and equipment shall match the surrounding poles in structure design, materials, and color.
            (3)   All of a small wireless facility that is affixed to a wireless support structure shall be the same or similar color of the wireless support structure as practical.
            (4)   All electric, telephone, cable, fiber, or other utility lines necessary to operate a small wireless facility shall be installed within the applicable wireless support structure where practical and shall not be coiled or rolled up and externally attached to the wireless support structure or equipment boxes.
   C.   Industrial District Standards:
      1.   Antennas, Other Than Small Wireless Facilities, Located Upon A Public Structure: Personal wireless service 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 provisions of chapter 8 of this title.
      2.   Antennas, Other Than Small Wireless Facilities, Not Located Upon A Public Structure: Personal wireless service antennas not located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards:
         a.   The antennas shall be located upon a structure if possible.
         b.   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 one hundred fifty feet (150') 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 said 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.
         c.   An administrative permit is issued in compliance with the provisions of chapter 8 of this title.
      3.   Small Wireless Facilities: Small wireless facilities and equipment as a permitted use, subject to the following standards:
         a.   Collocation Specifications: A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.
         b.   Height: No new wireless support structure shall exceed fifty feet (50') above ground level in height.
         c.   Extension Limits: No wireless facility shall extend more than ten feet (10') above a wireless support structure.
         d.   New Structure Placement: Where an applicant proposes to install a new wireless support structure, the new wireless support structure shall not be located within six hundred feet (600') of any existing wireless support structure.
         e.   Wireless Support Structures:
            (1)   All new wireless support structures shall be of a monopole design not exceeding eighteen inches (18") in diameter.
            (2)   All replacement wireless support structure and equipment shall match the surrounding poles in structure design, materials, and color.
            (3)   All of a small wireless facility that is affixed to a wireless support structure shall be the same or similar color of the wireless support structure as practical.
            (4)   All electric, telephone, cable, fiber, or other utility lines necessary to operate a small wireless facility shall be installed within the applicable wireless support structure where practical and shall not be coiled or rolled up and externally attached to the wireless support structure or equipment boxes. (Ord. 2019-07, 4-8-2019)

11-33-5: SATELLITE DISHES:

   A.   Agricultural And Residential District Standards: Single satellite dish TVROs located within Agricultural and Residential Zoning Districts of the City shall comply with the following standards:
      1.   All accessory and secondary use provisions of section 11-33-3 of this chapter are satisfactorily met.
      2.   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.
      3.   The satellite dish antenna is not greater than three and one- half meters (3.5 m) in diameter.
   B.   Business And Institutional District Standards: Satellite dish antennas within the Business and Institutional 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 sections 11-33-2 and 11-33-3 of this chapter.
   C.   Industrial District Standards: Commercial, private and public satellite dish transmitting or receiving antennas in excess of three and one-half meters (3.5 m) may be allowed as a conditional use within Industrial Districts of the City and shall comply with the following standards:
      1.   All accessory and secondary use provisions of section 11-33-3 of this chapter are satisfactorily met.
      2.   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.
      3.   The conditional use permit provisions of chapter 4 of this title are considered and determined to be satisfied. (Prior Code § 20-33-5)

11-33-6: 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:
   A.   Such antennas shall be considered an allowed conditional use within the I-1 Limited Industrial District of the City and shall be subject to the regulations and requirements of chapter 4 of this title.
   B.   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 said 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.
   C.   Unless the antenna is mounted on an existing structure, a fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure and other equipment. (Prior Code § 20-33-6)