§ 21.45.263. Amateur radio stations and receive only antennas.

1.

Amateur radio stations are exempt from the location, tower type, and height limitations contained in this title provided:

a.

The antenna and tower structure are part of a federally-licensed amateur radio station, and

b.

In residential zoning districts there is no use of the tower structure by a third party commercial antenna operator.

2.

The installation and use of antenna(s) smaller than one meter in any dimension for use by a dwelling unit occupant for personal, home occupation, or utility telemetry purposes, or by an electric or gas utility on an existing power pole or cabinet to monitor or control equipment thereon, and noncommercial receive only antennas are exempt from this title except for roof mounted satellite dishes greater than one meter in residential districts as specified in this section. Roof mounted satellite dishes greater than one meter in diameter in residential districts shall be only permitted by conditional use.

3.

Notwithstanding the above, any antenna or tower structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower structure shall remove the same within 180 days of receipt of notice from the administrative official notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower structure within said 180 days shall be grounds for the municipality to remove the tower structure or antenna at the owner's expense.

4.

Any antenna or tower structure erected under this section shall not exceed the height limits set forth in chapter 21.65 of this title nor interfere with Federal Aviation Administration Regulations on airport approaches.

(AO No. 99-62, § 32, 5-11-99; AO No. 2000-71(S-3), § 1, 6-27-00)

Editor's note

It should be noted that § 4 of AO No. 2000-71(S-3), provides that "The planning and zoning commission shall review the terms of AO No. 2000-71(S-3) and advise the municipal assembly on any revisions required to maintain the effectiveness and intent of the ordinance as the result of changes and technology prior to January 1, 2003. This provision amends Section 38 of AO 99-62."