Buildings, structures and land shall be used only in accordance with the uses permitted in the following land use schedule, subject to all other applicable requirements of this chapter, including article IV, district development standards:

(1)

The symbol "X" shall mean that the use is permitted as a principal use in that zoning district by right.

(2)

The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obtaining a specific use permit (SUP) as set forth in this article.

(3)

The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered ancillary to the primary use.

(4)

The word "yes" in the column titled "site plan" shall mean that site plan approval is required prior to issuance of a building permit, subject to the requirements of article VIII of this chapter, applications, section 102-314, required site plan.

(5)

An asterisk (*) indicates that the use has special standards or requirements listed in this section, which it must meet in order to be allowed.

(6)

A blank square shall mean that the use is not allowed in that zoning district as a principal use.

(7)

Any use not listed under permitted uses is not allowed.

WESTLAKE LAND USE SCHEDULE

(UDC 1994, art. IV, § 1; Ord. No. 391, § 2, 5-14-2001; Ord. No. 392, § 2, 5-14-2001; Ord. No. 426, § 4, 9-23-2002 Ord. No. 456, § 2, 4-12-2004; Ord. No. 519, § 4, 4-23-2007; Ord. No. 610, § 2, 4-27-2009; Ord. No. 630, § 2, 8-10-2009; Ord. No. 728, § 2, 5-19-2014)

An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use.

(UDC 1994, art. IV, § 2)

(a)

Filing of application.

(1)

Preapplication conference.

a.

An applicant for a specific use permit is encouraged to request a pre-application conference with a town official or the town planner prior to formal application.

b.

At the preapplication conference the applicant should present as much detail as possible.

c.

Based on the information presented, the town representative will provide initial comments concerning the merits of the proposed specific use permit and inform the applicant of any additional requirements for preparation of the formal specific use permit application.

(2)

Application requirements. No application shall be reviewed which is not complete and accompanied by the payment of fees as established in the UDC or other ordinance provisions of the town. All applications shall be filed with the town on forms available in the town offices.

(3)

Timing. Applications for specific use permits shall be submitted at least one month prior to the first scheduled hearing date.

(b)

Purpose. The purpose of the specific use permit process is to identify those uses which might be appropriate within a zoning district, but due to either their locational, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts.

(c)

Authority.

(1)

The board of aldermen, pursuant to the procedure established in chapter 26, article II, division 3, authority and administrative procedures, and after recommendations by the town planner and the planning and zoning commission, may authorize issuance of a specific use permit for any of the uses indicated in the land use schedule in this article.

(2)

The board of aldermen may, in the interest of the public welfare and to ensure compliance with this ordinance, establish conditions of operation, location, arrangement and construction of any authorized special use. In approving any specific use, the board may impose such development standards and safeguards as conditions warrant for the welfare and protection of adjacent properties and citizenry as a whole as it may be affected by this use.

(3)

A specific use permit shall not be requested, approved or conditionally approved as a substitute for rezoning when rezoning the property in question would be appropriate under the UDC.

(d)

Termination of specific use permit.

(1)

All specific use permits approved in accordance with the provisions of this chapter in its original form or as hereafter amended shall automatically terminate upon cessation of the use for a period of 120 days. Termination of use shall be determined to be the earliest date that any of the following occur:

a.

Disconnection or discontinuance of water and/or electrical services to the specific use permit zoned structure, lease space, lot or tract.

b.

Abandonment of the specific use permit zoned structure, lease space, lot or tract of land. For the purpose of this subsection, the term "abandoned" shall mean to surrender occupancy by vacating or ceasing to operate or inhabit subject property.

(2)

Any specific use permit granted by the board shall automatically terminate if a building permit has not been obtained on the premises within one year from the date the ordinance granting the specific use permit is adopted.

(3)

On any tract of land for which a specific use permit has been granted and the use has ceased as of the date of the ordinance from which this chapter is derived, such specific use permit shall automatically terminate three months after the adoption of the ordinance from which this chapter is derived unless the use has been reinstated by that time.

(e)

Procedures.

(1)

Action by the planning and zoning commission. The planning and zoning commission shall give appropriate notice and hold a public hearing. Each specific use permit application shall be evaluated as to its probable effect on the adjacent property and the community welfare. Recommendation in accordance with section 26-58 shall be forwarded to the board of aldermen.

(2)

Action by the board of aldermen. The board shall give appropriate notice and hold a public hearing. Each SUP application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the board finds appropriate. The board shall not grant an SUP for a use except upon a finding that the use will:

a.

Complement or be compatible with the surrounding uses and community facilities;

b.

Contribute to, enhance or promote the welfare of the area of the SUP and adjacent properties;

c.

Not be detrimental to the public health, safety or general welfare; and

d.

Conform in all other respects to all applicable zoning regulations and standards.

(f)

Amendments to approved specific use permits. Amendments to an approved SUP are subject to the procedures established in subsection (e) of this section.

(UDC 1994, art. IV, § 3)

(a)

Permitted uses. The following uses shall be permitted within that portion of a district which is designated as being within a floodplain by the town engineer, provided they are allowed in the underlying zoning, and that they meet any additional requirements established in chapter 42 and the town's floodplain regulations:

(1)

Agriculture. Agricultural activities including the ordinary cultivation of land or legal forms of animal husbandry.

(2)

Utilities. Local utilities.

(3)

Parks and recreation. Public or private parks, community centers, playgrounds, public golf courses.

(4)

Private recreation. Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by a specific use permit.

(5)

Private open space. Private open spaces as part of a planned development district, provided such use does not interfere with the continuity of the town's open space system.

(b)

Dumping, excavating or filling floodplain. Any dump, excavation, storage or filling operation within that portion of a district having a floodplain designation shall require a permit, which must be approved by the board of aldermen, before such operation is begun. However, if those operations in the floodplain were specifically approved as part of a site plan approval by the board of aldermen, then a permit may be issued by the town engineer.

(c)

Local flooding may occur in other areas. The fact that land or property is or is not within a district having a floodplain designation shall not constitute ensurance that such land or property is not subject to local flooding and the designation of floodplain in this chapter shall not be so interpreted.

(UDC 1994, art. IV, § 4)

Cross reference— Floodplain, § 42-31 et seq.

A temporary structure may be used for a limited period of time. It may be manufactured on site or off site, but is temporary in nature, and only used until a permanent structure can be constructed or refurbished. All temporary structures shall be required to comply with the following:

(1)

Permits. No temporary structure may be constructed on site, or brought on site until a building permit for its construction and siting has been issued.

(2)

Time limit. The time limit for all temporary structures, other than those located in the GU zoning district, shall be 90 days; except for on-site construction offices which shall be limited to the time required for the actual on-site construction of the structure or facility, or one year, whichever is less. Any further extension shall require town council approval.

(3)

GU (government use) zoning district. Temporary structures constructed or sited in the GU zoning district shall comply with the time limits established by the town council. The town council shall approve the locations of and the exterior designs of any temporary structures placed in GU zoning districts. The setbacks and building articulation requirements contained in this chapter shall not apply to temporary structures in GU zoning districts.

(UDC 1994, art. IV, § 5; Ord. No. 677, § 2(Exh. A), 2-27-2012)

(a)

Specific use permit. For any residentially zoned property that contains a zoning classification that allows for lots of less than two acres in size, a SUP is required for farm animals. This includes chickens and swine, but excludes grazing animals unless a reduction in the land area required in section 14-40 for grazing farm animals is requested. Any residentially zoned lot that exceeds two acres in size is hereby exempt from the SUP requirement. The town shall not grant a SUP for any farm or grazing animal(s) unless the town finds that the presence of such animal(s) will not injure the use and enjoyment of neighboring properties, including the impact of dust, flies and odor.

(b)

General conditions. Notwithstanding the conditions in subsection (a) of this section, any residentially zoned property that contains a farm animal(s) shall adhere to the following provisions:

(1)

Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way pose a health hazard or nuisance to humans and animal(s);

(2)

Farm animals shall be contained within a fenced area or pens, corrals or similar enclosures, and shall be of sufficient height and strength to properly retain the animal(s); and

(3)

All enclosures for any farm animal(s) shall be placed a minimum of 25 feet from the boundary of any adjoining lot or tract which is zoned for residential use, and shall be screened from view from any adjacent property, including all streets, sidewalks, and/or trails, public or private.

(UDC 1994, art. IV, §§ 7.2, 7.3; Ord. No. 897, § 2, 10-28-2019)

Editor's note— Ord. No. 897, § 2, adopted Oct. 28, 2019, amended the title of § 102-66 to read as herein set out. The former § 102-66 title pertained to farm animals and horses.

Cross reference— Animals, ch. 14.

Servant or caretaker quarters may be allowed on a property in a residential or commercial zoning district provided that it is ancillary to the primary use and that only one such facility is provided on a lot in a single-family district.

(UDC 1994, art. IV, § 8)

Temporary accommodation for employees, customers and visitors may be provided as an ancillary use in commercial zoning districts provided that:

(1)

Such accommodation is clearly in support of the business operation;

(2)

No rental of such facilities to the general transient public occurs;

(3)

Accommodation is for temporary stays, not to exceed 30 days; and

(4)

No more than five percent of the building area is utilized for this ancillary use.

(UDC 1994, art. IV, § 9)

The following words, terms and phrases when used in sections 102-69—102-69.5, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Feeder lines means those electric lines that emanate from substations to distribute power throughout an area.

Lateral lines means those electric lines that emanate from feeder lines and are used to distribute power to smaller areas of electric consumers. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse or disconnect switch.

Service lines means those electric lines which through a transformer connect a lateral line to a customer's service entrance.

(UDC 1994, art. XIII, § 13.4)

Cross reference— Definitions generally, § 1-2.

All subdivision and development plats shall demonstrate compliance with the following underground utility standards:

(1)

Except as otherwise provided in this division, telephone lines, cable television utility lines, and all electric utility lines and wires shall be placed under ground. In special or unique circumstances or to avoid severe hardships, the board may authorize exceptions from this requirement based upon a recommendation of the planning and zoning commission and permit the construction and maintenance of overhead electric utility lateral or service lines and of overhead telephone or cable television lines and may approve any plat or site plan with such approved exceptions.

(2)

Where electrical service is to be placed under ground, circuits for street and site lighting, except street lighting standards, also shall be placed under ground.

(3)

Cable television and telephone support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations in subdivisions shall be placed underground if reasonably possible; otherwise, they shall be pad mounted and screened from view. Electrical support equipment may be placed at grade with site plan approval.

(UDC 1994, art. XIII, § 13.1; UDC 1994, art. IV, § 10)

Nothing set forth in sections 102-69—102-69.5 shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities. Each utility whose facilities are subject to the provisions of this chapter shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service.

(UDC 1994, art. XIII, § 13.2)

Nothing in sections 102-69—102-69.5 shall prevent provision of temporary construction service by overhead utility lines and facilities, however, no certificate of occupancy shall be issued until permanent utility lines and facilities are in place.

(UDC 1994, art. XIII, § 13.3)

All installations regulated by the provisions set forth in sections 102-69—102-69.5 shall be in conformance with the intent of this division and shall conform to any regulations and/or specifications that the various public utility companies may have in force from time to time.

(UDC 1994, art. XIII, § 13.5)

Nothing in sections 102-69—102-69.5 shall be construed to require any existing facilities to be placed underground; provided, however, that no final plat shall be filed until all existing overhead lines have been removed unless the developer enters into a subdivision improvement agreement pursuant to section 82-61. This provision does not apply to conveyance plats.

(UDC 1994, art. XIII, § 13.6)

All child care facilities, schools (public and private), and churches or places of worship shall be located with access directly to a collector or larger roadway unless alternative access is permitted by a SUP.

(UDC 1994, art. IV, § 11)

(a)

Review. New and unlisted land uses which were not originally anticipated will likely be considered for location within the town. Such uses shall require a zoning ordinance amendment and shall be reviewed by the planning and zoning commission and the board of aldermen for inclusion in specific zoning districts or as part of a planned development zoning request.

(b)

Conditions. When considering requests for a new land use, the planning and zoning commission and the board of aldermen shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate.

(UDC 1994, art. IV, § 12)

All surface equipment related to the operation or maintenance of a private water well shall comply with the following:

(1)

Equipment and appurtenances shall be located on private property and clear of all easements.

(2)

If the equipment and or appurtenances are to be located within a building, the building shall comply with all setbacks established for that zoning district. Equipment shelters that encroach into the building setback areas shall be decorative in nature and be incorporated into an approved landscape plan.

(3)

Equipment and appurtenances shall be screened from view as viewed from any adjacent property or right-of-way.

(Ord. No. 371, § 2, 8-14-2000; Ord. No. 630, § 3, 8-10-2009)

All wind turbines, as defined below, are prohibited in the Town of Westlake, Texas.

The name "wind turbine" shall mean any of various machines used to produce electricity by converting the kinetic energy of wind to rotational, mechanical and electrical energy. Wind turbines consist of the turbine apparatus (rotor, nacelle and tower) and any other buildings, support structures, or other related improvements necessary for the generation of electric power. The term does not include electrical distribution or transmission lines, or electrical substations otherwise regulated by this chapter.

(Ord. No. 467, § 2, 12-13-2004)

Certain wireless equipment used in transmitting and receiving signal energy is essential to modern communication and is therefore deemed to promote the health, safety and general welfare of the citizens of the town. Regulations contained in this division were created to ensure that the placement of this wireless equipment shall be such that the health, safety, welfare, and aesthetic quality of the community are not compromised. It is also the purpose of this division to ensure that the residents be afforded access to communication technology. Compatibility with the existing community and future development is one of the foremost public concerns when siting wireless equipment; therefore, the regulations governing the location of such equipment shall consider the quality of life of the community to be of equal importance to the health, safety, and general welfare of the community.

(Ord. No. 372, § 2(6.1), 8-14-2000)

The following words, terms and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means a device used in communication which transmits or receives radio signals.

Antenna, microwave (also known as dish antenna), means a dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from three GHz to 300 GHz, and using relatively low transmitter power levels compared to other forms of transmission.

Antenna, panel (also known as directional antenna), means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular devices approximately six square feet in size.

Antenna, satellite receive-only, means an antenna that enables the reception of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as satellite dishes, television receive-only antennas, dish antennas, parabolic antennas or satellite earth station antennas.

Antenna, structure mounted, means an antenna attached to an existing structure, including:

(1)

Roof-mounted, in which an antenna is placed on the roof of a building;

(2)

Building-mounted, in which an antenna is attached to the side of a building; and

(3)

Mounting to another structure, in which an antenna is attached to something such as a water tank, billboard, church steeple, electrical transmission tower, etc.

Antenna, television, means an antenna attached to a structure for the purpose of receiving television transmissions, which are not direct satellite transmissions. The antenna may be mounted on the roof of a structure, mounted in the attic of a structure, or mounted on a pole that is attached to the structure.

Antenna, whip (also known as omni directional antenna), means cylindrically shaped antennas that have diameters between two and six inches and measure between one and 18 feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.

Collocation means the act of locating wireless communications equipment owned or used by more than one provider on a single wireless communications facility.

Equipment storage building means a small, unmanned single story building typically less than 500 square feet in size used to house radio transmitters and related equipment.

Lattice towers means a tower having three or four support legs that is capable of holding a variety of antennas.

Monopole means a wireless communications facility composed of a single spire used to support communications equipment or other visible items. No guy wires are used or permitted.

Stealth facility means a wireless communications facility that is virtually unidentifiable to the surrounding neighborhood, which although present is camouflaged to conceal the presence of telecommunications antennas. Stealth facilities may include totally enclosed antennas, wireless communication facilities that replicate or duplicate the construction of common structures such as a manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, and other camouflaged wireless communication facilities that are constructed to blend into the surrounding environment.

Tower means any columnar, guyed structure more than 35 feet in height that is used to support antennas, or other visible items.

Wireless communications facility means any structure, monopole, tower, or lattice tower constructed specifically to support antennas, including any accessory communications equipment located at the base of the facility. A wireless communications facility shall, by definition, contain only one tower or monopole structure.

(Ord. No. 372, § 2(6.2), 8-14-2000)

Cross reference— Definitions generally, § 1-2.

A wireless communications facility shall have only the number and size of antennas attached to it that are allowed by the wireless communications facility manufacturer's designs and specifications for maximum wind load requirements. Documentation shall be provided to the town at the time of a SUP application for wireless communication facilities.

(1)

Specific use permit requirement. Unless otherwise provided in this section, all wireless antenna facilities shall require a SUP.

(2)

Location.

a.

Wireless communication facilities shall not be permitted in any easement unless the holder of such easement has provided written permission. A copy of such written permission shall be submitted with the application for building permit or specific use permit if required. An authorization letter from the holder of the easement providing for the applicant to act as agent for the wireless communications facility application is acceptable.

b.

No part of an antenna, wireless communications facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna, wireless communications facility, or attachment unless written permission from affected property owners is submitted to the town.

(3)

Lights. No auxiliary or outdoor lighting above 20 feet shall be allowed on wireless communication facilities, except lighting that is required by the Federal Aviation Administration or the Federal Communications Commission, or lighting that is a function of a light pole or structure erected for that purpose. No lights other than those required by the Federal Aviation Administration or the Federal Communications Commission shall direct light off the lot on which the wireless communications facility is located.

(4)

Maintenance. Antennas or wireless communication facilities which are not obviously in use or which are obviously in need of maintenance, as determined by the town manager or his/her designee, shall be removed or repaired within 30 days following notice given by the town manager or his/her designee. This shall not preclude immediate action by the town manager or his/her designee to safeguard life, limb, health, property, and public welfare. The owner shall remove antennas or wireless communication facilities that are not used for 12 consecutive months. If the town removes such a tower, a lien will be placed on the property to cover removal and administration costs.

(5)

Inspection. All antennas and wireless communication facilities shall be subject to an inspection every five years by a qualified expert. Such inspection shall be conducted by the town in accordance with provisions in the building code for a fee as adopted by the town board of aldermen.

(6)

Signs. No signs are permitted to be placed, constructed, attached, or otherwise affixed to any wireless facility, other than a sign that is in full compliance with chapter 70.

(7)

Existing and nonconforming towers. Preexisting towers are permitted to continue but may not be expanded. Preexisting wireless facilities are considered to be nonconforming and, if abandoned or destroyed by 50 percent of the value of the structure, may not be rebuilt without first complying with this division.

(8)

Personal home antennas. Personal home television antennas, garage door opener antennas and gate opener antennas or other similar antenna devices in any residential zoning district are exempt from this division. However, in no instance shall any personal home antenna exceed the height restrictions of the zoning district in which they are located.

(Ord. No. 372, § 2(6.3), 8-14-2000)

All antenna and wireless communication facilities shall be subject to the following requirements for building permit and specific use permits:

(1)

Building permits. A building permit shall be obtained for the construction or installation of all antennas and wireless communication facilities except the following. The following shall, however, comply with all the general regulations in section 102-93:

a.

Satellite receive-only antennas less than one meter (3.2808 feet) in diameter located in a residential zoning district.

b.

Satellite receive-only antennas less than two meters (6.5616 feet) in diameter located in a commercial, multi-use or industrial zoning district.

c.

Television antennas or other antennas of about the same size.

(2)

Specific use permit for wireless communications facilities A specific use permit shall be obtained for any antenna or wireless communications facility that does not comply with the regulations contained in this division, other than screening requirements. Relief from screening requirements shall require a variance and shall be decided by the zoning board of adjustment.

(3)

Consideration for specific use permit approval. In deciding whether to approve a specific use permit, the town board of aldermen and planning and zoning commission shall consider the following:

a.

The need to provide wireless service to the populace;

b.

Effect on the value of the surrounding property;

c.

Potential for interference with the use of surrounding properties;

d.

Aesthetics;

e.

Compatibility with nearby properties;

f.

Provisions of 47 CFR 25.104, which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of wireless communication facilities, unless such regulations:

1.

Have a clearly defined health, safety or aesthetic objective; and

2.

Further the stated health, safety or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers;

g.

Unique conditions that govern reception on a lot.

(4)

Conditions for specific use permit approval. The planning and zoning commission may recommend approval of a SUP if the following conditions are met:

a.

The applicant configures its antenna and other equipment to accommodate other providers (as it is reasonably and technically possible);

b.

The applicant agrees to give notice to the town identifying any provider who collocates on the site and their backhaul provider; and

c.

The planning and zoning commission determines that adequate information has been provided to enable the commission to review the application in a knowledgeable and thorough manner. Therefore, the applicant shall provide the following information or shall note why this information is not available:

1.

Why location on an existing structure or wireless communications facility is technically not feasible;

2.

Permission for collocation of other wireless communication facilities and antennas at the site;

3.

Identification of the applicant's backhaul provider connecting antenna sites;

4.

Description of how applicant has met the conditions and requirements as presented in this division except as specified on the SUP; and

5.

Documentation that conclusively demonstrates that such request is necessary and critical to the communications operation of the provider.

(5)

Application requirements for building permits and specific use permits. To enable evaluation of all applications for building permits and SUPs for the construction of antennas or wireless communication facilities the applicant shall submit the following information:

a.

Describe the proximity to residential structures and zoning districts.

b.

Provide a description by text and illustrations of the surrounding tree coverage and foliage.

c.

Describe the proposed ingress and egress.

d.

Describe by illustration the surrounding topology.

e.

Indicate by text and illustration the separation from existing wireless facilities.

f.

Describe the fencing materials to be used in screening.

g.

Provide a notarized statement by the owner and applicant that the structure will accommodate collocation of other users.

h.

Provide a detailed site plan.

i.

Describe the nature of the site.

j.

Indicate type of structure and/or antenna.

k.

Indicate the proposed height.

l.

Provide photos or drawings of all proposed equipment, structures and antenna.

m.

Describe why the antenna or wireless communications facility is necessary.

n.

State the name of the telecommunications providers or other anticipated users of the antenna or wireless communications facility and describe each one's proposed use for the antenna or facility.

o.

Indicate whether this site will be connected to other sites; if so, describe how it will be connected and who will be the back haul provider.

p.

Address whether or not the applicant has tried to collocate the uses proposed for this antenna or wireless communications facility on existing structures or facilities. Identify the location of the existing sites for which this effort was made. Describe in detail these efforts and explain in detail why these existing sites are not feasible locations. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage.

q.

Indicate whether or not collocation will be allowed for other telecommunications providers at the proposed site. If collocation is not allowed, state every reason and the basis for each reason.

r.

If the requested location is in a residential zoning district, state whether or not the applicant has tried to locate the antenna or wireless communications facility in a commercial, multiuse, or industrial zoning district. Identify the location of the commercial, multiuse, and/or industrial district sites for which the effort was made. Describe in detail these efforts and explain in detail why these commercial, multiuse, or industrial district sites are not feasible locations. Attach all studies or tests performed which demonstrate why the commercial, multiuse, or industrial district sites will not provide sufficient signal coverage. Material that is proprietary or confidential need not be provided.

s.

Indicate on attached maps the applicant's current coverage area for the town and the coverage area resulting from the proposed antenna or wireless communications facility.

t.

Describe, in general, the applicant's master antenna and wireless communications facility plan for the town. Attach maps and other related documentation appropriate to illustrate the plan. Provide information indicating potential phasing of the plan, if available.

u.

Describe the applicant's plan to minimize the number of antennas and wireless communication facilities needed to cover the town.

v.

A written statement of permission from the owner of the structure or property on which the facility is to be located. Building permits and SUPs required by this division shall not be issued for the construction or installation of an antenna or wireless communications facility unless the applicant submits this statement to the planning and development department.

(6)

Written report upon denial of request for building permit or specific use permit. The town shall document in writing any denial of a request to place, construct, or modify wireless communication facilities or antenna. Such documentation shall be supported by substantial evidence within the written record.

(Ord. No. 372, § 2(6.4), 8-14-2000)

(a)

Amateur radio equipment. Amateur radio equipment (including ham radio and CB equipment) shall be allowed in any residential zoning districts and any planned development designated for residential use without an SUP if it complies with the following regulations:

(1)

Type. An amateur wireless communications facility may be structure attached, monopole, tower, or lattice tower.

(2)

Height and number. Only one ground mounted amateur wireless communications facility exceeding 35 feet will be allowed per lot. An amateur wireless communications facility shall be permitted additional height at the ratio of one-half foot added in height for each additional two feet of setback beyond the minimum setback required of a accessory building in the zoning district in which the facility is located. Regardless of the provisions of this subsection, the maximum height for an amateur wireless communications facility permitted without an SUP in any residential district shall be 65 feet. However, this height limit does not include any mounted amateur wireless communications facility that does not extend more than eight feet above a building on which it is mounted.

(3)

Location. Antennas and amateur wireless communication facilities shall not be permitted in front or side yards. Guy wires are permitted in required side and rear yard setbacks. Setback for wireless communication facilities shall be the same as is required for accessory buildings in the zoning district in which the facility is located.

(b)

Satellite receive-only antennas. Satellite receive-only antennas shall be allowed in any residential zoning districts and any planned development or community unit development with underlying residential zoning without a SUP if it complies with the following regulations. A satellite receive-only antenna may be installed without a permit in a residential zoning district if it is less than one meter (3.2808 feet) in diameter and conforms to the siting regulations in this section, which pertain to all satellite receive-only antennas in residential zoning districts:

(1)

Height. A ground mounted satellite receive-only antenna shall not exceed six feet in height measured from ground level. A structure mounted satellite receive-only antenna shall not extend above the roof peak or highest point of the structure to which the antenna is attached.

(2)

Size. The diameter of a satellite receive-only antenna shall not exceed ten feet in a residential zoning district.

(3)

Location. Ground mounted satellite receive-only antennas are not allowed in any front (for this purpose, that area between any front face of the primary structure and the front property line) or side yard, and are only allowed in rear yards provided they are located behind required building setback lines, or in the absence of required building setback lines, a minimum of six feet from any property line;

(4)

Screening. A ground mounted satellite receive-only antenna shall be screened from adjacent properties and streets by a landscape buffer or screening fence that conceals the antenna up to a height of six feet.

(5)

Specific use permit requirement. A satellite receive-only antenna that exceeds one meter (3.2808 feet) in size shall require a specific use permit in any residential zoning district and any planned development district used for residential purposes.

(c)

Commercial wireless communication facilities. The placement of antenna facilities shall comply with the following regulations:

(1)

Proposed antennas must be attached to or enclosed in an existing structure or attached to a power or telephone pole, light pole or standard, water storage tower, or other utility structure.

(2)

If attached to the exterior of a structure, a power or telephone pole, a water storage tower or other utility structure, the antenna must be constructed, installed or adapted to visually complement or match the structure to which it is attached.

(3)

Any equipment storage building that is an accessory to a wireless communications facility shall be screened with a wall constructed of decorative masonry material or shall be screened with living landscaping for aesthetic purposes or a combination thereof. Equipment contained totally within a cabinet (generally three feet by five feet by six feet) may be screened with living material only.

(4)

All driveways accessing any wireless communications facility site or equipment storage site shall be constructed in accordance with the construction standards for temporary fire lanes.

(Ord. No. 372, § 2(6.5), 8-14-2000)

Wireless communication facilities and antenna shall be allowed in a nonresidential or planned development district with nonresidential land uses with a SUP, if they comply with the following regulations:

(1)

Type. Wireless communication facilities shall be limited to structure attached and monopoles; only lattice towers are prohibited.

(2)

Height. The height of any wireless communications facility and attached antenna combined shall not exceed 65 feet in height, or 80 feet in height if additional height credits are applied. Additional height credit will be allowed at the ratio of one-half foot added in height for each additional two feet of setback beyond the minimum required setbacks for a principal building in the zoning district regulations. Structure mounted antennas shall not extend more than eight feet above the roof peak or highest point of the structure to which it is attached.

(3)

Location. Antennas and wireless communication facilities are not allowed in front (for this purpose, that area between any front face of the primary structure and the front property line) or side yards and are only allowed in rear yards behind required building setback lines, or in the absence of required building setback lines, a minimum of 50 feet from any property line. Wireless communication facilities shall have a required setback ratio from residential zoning districts of two feet for every one foot of antenna or wireless communications facility height.

(4)

Design. Wireless communication facilities and antennas shall not contain any lettering, logo, or any form of advertising or other writing except the name of the manufacturer, distributor or seller of the antenna.

(5)

Screening. Any equipment storage building that is an accessory to a wireless communications facility shall be screened with a wall constructed of decorative masonry material or shall be screened with living landscaping for aesthetic purposes or a combination thereof. Equipment contained totally within a cabinet (generally three feet by five feet by six feet) may be screened with living material only.

(6)

Access. All driveways accessing any wireless communications facility site or equipment storage site shall be constructed of an all weather surface as approved by the town manager or his/her designee.

(7)

Satellite receive-only antennas. A satellite receive-only antenna may be installed without a permit in a commercial, multiuse, or industrial zoning district if it is less than two meters (6.5616 feet) in diameter and conforms to the siting regulations below, which pertain to all satellite receive-only antenna in commercial, multiuse, and industrial zoning districts.

(8)

Maximum size. The diameter of a satellite receive-only antenna shall not exceed ten feet in a commercial, multiuse, or industrial zoning district.

(Ord. No. 372, § 2(6.6), 8-14-2000)