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HomeMy WebLinkAbout2010-10-03 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. • f. The tower shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or Arkansas Department of Aeronautics (ADA). That lighting shall be restricted to dual lights (medium intensity white strobe lights daylight mode and red obstruction lights nighttime mode)unless the FAA or ADA requires another type of lighting. g. All accessory structures will meet the normal setbacks for the district in which they are located. h. Accessory facilities shall not include offices, long-term vehicle storage, other outside storage, broadcast studios (except for emergency purposes) or other uses that are not needed to send or receive transmissions, and in no case may exceed twenty-five percent (25%) of the floor area used for transmission equipment and functions. i. Existing on-site vegetation shall be preserved to the maximum extent practicable. k. All towers and accessory structures shall be surrounded by a solid vegetative buffer strip to form a hardy screen dense enough to interrupt vision and shield the base and accessory structures from public view from the surrounding properties. The buffer shall consist of evergreens which will reach a minimum height of at least eight feet(8') within five (5) years. The vegetation shall not encroach over the adjacent property lines and shall provided a complete screen during all months of the year. The plant material and layout must be approved by the Commission, prior to issuance of a permit. Other types of vegetation, topography, walls, and fences may be substituted, as approved by the Commission. 1. The tower shall not be located so that would be a hazard to aircraft or a source of adverse electromagnetic interference for the surrounding property owners. m. Whenever feasible, the tower should be designed with the capacity for shared use with other potential tower users. Section 2. Listing as a permitted or conditional use Add the following to 14.06.01 I.B. 2. Broadcast media and wireless communications towers Add the following to 14.06.02.B. 2. Broadcast media and wireless communications towers Add the following to 14.06.03.B. 7. Broadcast media and wireless communications towers Add the following to 14.07.0I.A. 17. Broadcast media and wireless communications towers Add the following to 14.07.02.A. • 15. Broadcast media and wireless communications towers Add the following to 14.08.0I.A. 7. Broadcast media and wireless communications towers • Add the following to 14.08.02.A. 8. Broadcast media and wireless communications towers IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD TO BE INVALID,SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. EMERGENCY CLAUSE: Where as it is necessary to effect the public peace,health, safety and welfare and the orderly administration of Batesville City Codes, an emergency is hereby declared to exist and this Ordinance shall be effective from and its passage. IT IS SO ORDAINED. IN WITNESS WHEREOF,we have set our hands this Leg—, day of APPROVED: RICK EL G , YOR ATTEST: • D NISEJOHNSTON, CLE C • APPROVED AS TO LEGAL FORM: Scott Stalker, City Attorney