2010-10-03 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2010-W_03 • AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE ZONING CODE; TO DEFINE BROADCAST MEDIA AND WIRELESS COMMUNICATIONS TOWERS; TO REGULATE THE LOCATION AND SITING OF SUCH TOWERS; AND FOR OTHER PURPOSES. WHEREAS, the Batesville Zoning Code does not provide any guidance for the location and siting criteria for broadcast media and wireless communications towers; and, WHEREAS,the lack of such criteria could result in the inappropriate or unsafe placement of such towers; and, WHEREAS,the Batesville Planning Commission has prepared recommendations to provide such guidance, and conducted a properly advertised public hearing on September 13, 2010, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT THE BATESVILLE ZONING CODE IS HEREBY AMENDED AS FOLLOWS: Section 1. Broadcast media and wireless communications towers Insert a new Section 14.05.09, as follows: i s Section 14.05.09. Broadcast media and wireless communications towers 1. Definition. In this section "tower" means any mast, brace, or other structure used for the support of radio, television, broadcast media or wireless communication antennas. 2. Site Location criteria Transmission towers may be permitted only in those zoning districts where they are specifically identified as a permitted or conditional use, and must meet the following siting conditions: a. The owner/user shall first consider sharing other existing or proposed towers in lieu of building a new tower. As part of the application for approval as a conditional use, the applicant shall specifically provide justification as to why sharing is not practical or possible. b. No tower may be located such that it could strike another tower or supporting structure of another tower should it fall. c. The tower shall be set back a distance equal to or greater than its height from any residential structure, public road or residential zoning district and not closer than twenty percent (20%) of its height or the distance between the tower base and guy wire anchors, whichever is greater, from any other structure (apart from its accessory buildings). d. The tower shall be set in a manner that all ice-fall or debris from the tower structure (including tower failure) or guy wires will not fall outside the parcel (being the property purchased or leased for the tower site) containing the tower. e. All guy wire anchors shall be located not less than twenty-five feet (25') from the parcel boundary.