Article 11-1102-Fences, Walls, Hedges & Cell TowersSECTION 1102 FENCES, HEDGES AND RETAINING WALLS
Fences and Hedges: Notwithstanding other provisions of this ordinance, fences and hedges may be
permitted in any required yard, provided that no fence or hedge along the sides or front edge of any
front yard shall be over three- and one-half feet (42 inch) in height. Additionally, no fence or hedge
shall exceed 21/2 feet (30 inch) in height when located within the sight triangle of a corner lot.
A) The following regulations shall apply to the construction of fences.
1) No solid fence shall be constructed closer to the street than the front property line. If the
sidewalk is located within the front yard, no fence shall enclose the sidewalk, nor shall a
fence be constructed nearer than six inches (6") to the sidewalk.
2) No fence erected in a required front yard shall materially obstruct the public view. No
component of a front yard fence shall exceed forty-two inches (42") in height, nor shall
any structural member exceed thirty-six inches (36") in area, as measured using the
horizontal cross section.
3) No fence shall be constructed which will constitute a traffic hazard as identified in the
sight triangle of a corner lot (See Section 1101).
4) No fence constructed in the second front yard (the side yard abutting the street) of a
corner lot shall exceed forty-eight inches (48") in height. For the purposes of this
section, the "second front yard" shall be deemed to be in the area extending from the
front corner of the house to the rear lot line on the side of the lot immediately adjacent to
the City Street.
5) No fence constructed in the reverse front yard (third front) of a lot shall exceed six feet
(72") in height. On corner reverse lots, fences shall not exceed forty-eight inches (48")
in the second front.
6) No fence shall be constructed in such a manner or be of such design as to be hazardous
or dangerous to persons or animals by intent of its construction or by inadequate
maintenance (examples of hazardous or dangerous fences shall be wire strand fences
such as electrical conduit wire fences, barbed wire fences, chicken wire fences, etc.).
Permitted types of fences shall include chain link fencing, wood fencing (including split
rail and split rail with plastic coated wire backing), wrought iron, plastic, vinyl and other
ornamental fencing or masonry (see Item #7).
7) Applicants for masonry fences must first locate the property pins or have a licensed
surveyor locate or set the property pins to confirm the location of the property lines. The
side of concrete fences facing any adjoining property or right of way must be brick or
stone textured.
8) No fence within Residential Districts, except fences erected upon public or parochial
school grounds or in public parks and in public playgrounds, shall be constructed of a
height greater than six (6) feet.
City of Blair Zoning Regulations Article 11, Section 1102, page 1
9) All fences shall conform to the construction standards of the building code and other
ordinances.
10) In commercial and industrial districts, maximum height of fences shall be six (6) feet.
Except, when industry standards for certain types of businesses require fences of greater
heights, the Zoning Administrator at his/her discretion may allow greater heights.
11) All fences or parts thereof which are solid shall be constructed so that all posts, braces,
stringers, and all other structural members faced to the interior or the lot or parcel being
fenced.
12) Effective from and after July 1, 1998, the Rules and Regulations of the International
Building Code pertaining to confinement and fencing of outdoor pools shall be in effect
and shall be enforced.
13) All fence posts shall be made of wood, wrought iron, plastic, vinyl, ornamental fencing,
and masonry or of similar material as the remainder of the fence.
B) The following regulations shall apply to the construction of retaining walls.
1) PURPOSE AND INTENT.
a) To allow for the review of retaining walls of a size that may impact surrounding
buildings, land, and uses;
b) To require the construction of retaining walls in a manner consistent with
engineering and construction best practices; and
c) To lessen the impact of large retaining walls on abutting properties and the public by
encouraging the use of landscaping and aesthetically pleasing design elements.
2) APPLICABILITY AND EXEMPTIONS: The regulations and requirements
contained herein shall apply to all retaining walls erected in the City of Blair, except
the following:
a) Retaining walls that are six (6) feet in height or less shall not require a building
permit but must meet the requirements of this section.
b) A terraced combination of walls, in which each separate wall is six (6) feet in height
or less and in which each terrace is at least two times (2x) the height of the next
lowest wall, shall not require a building permit but must meet the requirements of
this section.
3) GENERAL REQUIREMENTS: Following are the general requirements for retaining
walls, including walls six (6) feet in height or less that do not require a building
City of Blair Zoning Regulations Article 11, Section 1102, page 2
permit. No retaining wall shall be constructed in excess of these General
Requirements regarding maximum height or maximum slope without first obtaining
a Conditional Use Permit (see Subsection B(4) below).
a) Permit and Design - A building permit shall be required for all retaining walls that
are over six (6) feet in height. All retaining walls requiring a permit must be designed
by an engineer licensed in Nebraska.
b) Terracing - Terracing of retaining walls is allowed and encouraged. In a terraced
retaining wall system, if a successive wall is setback from the next lowest wall at
least two times (2x) the height of the next lowest wall, the walls shall be considered
as separate walls. If a successive wall is setback from the next lowest wall less than
two times (2x) the height of the next lowest wall, the multiple walls shall be treated
as a single wall and the height shall be measured as described in subsection 3(c)
below.
c) Determining Retaining Wall Height - The height of a retaining wall shall be the
distance from the grade at the front of the wall to the grade at the back of the wall at
the same section. For walls that are not a constant height the largest of these
measurements shall be used to determine the height of the wall. Multiple walls
treated as a single wall shall be measured from the grade at the front of the lowest
wall to the grade at the back of the highest successive wall.
d) Setback and Maximum Height Requirements —
i. Applicants for retaining walls located within three (3) feet of a property line
must first locate the property pins or have a licensed surveyor locate or set
the property pins to confirm the location of the property lines.
ii. Retaining walls which discharge storm water at their base from downspout
drains located on any structure shall be located at least three (3) feet from the
property line. Such discharge locations shall be constructed and maintained
to eliminate any erosion from the base of the wall or adjoining property.
iii. Front yard(s) — No retaining wall erected in a required front yard shall
materially obstruct public view or constitute a traffic hazard as identified in
the site triangle of a corner lot (See Section 1101). No retaining wall shall be
constructed closer than six (6) inches from the front property line without an
easement from the City. No retaining wall in a required front yard shall
exceed three and a half (3 V2) feet in height. No retaining wall bordering and
facing the driveway or approved parking areas shall exceed ten (10) feet in
height.
iv. Side and rear yard(s) - No retaining wall shall be constructed closer than six
(6) inches from the side or rear property line. If the face of the retaining wall
is towards the inside of the property, a permanent easement must exist for all
areas outside the property requiring geogrid support and backfill, and such
City of Blair Zoning Regulations Article 11, Section 1102, page 3
easements must be recorded against all effected properties. No retaining wall
shall exceed ten (10) feet in height.
e) Wall Surcharge —Retaining walls shall have a maximum 1:4 (25%) slope in the soil
surcharge uphill from the retaining wall for a minimum distance of two times (2x)
the height of the wall.
f) Nonconforming Retaining Walls - Retaining walls constructed and/or permitted prior
to the adoption of these regulations shall be allowed to remain in their existing state;
however, significant changes or alterations to such walls shall be made in conformity
with these regulations. The repair and routine maintenance of nonconforming
retaining walls shall be allowed without requiring conformity with these regulations.
4) CONDITIONAL USE PERMIT REQUESTS TO EXCEED GENERAL HEIGHT
AND/OR SLOPE LIMITATIONS:
a) A Conditional Use Permit application maybe submitted for the following exceptions
only:
i. Retaining walls to exceed the maximum heights indicated in Subsection
B(3)(d).
ii. Retaining walls to exceed the maximum 1:4 (25%) slope in the soil surcharge
indicated in Subsection B(3)(e).
b) A Conditional Use Permit application must address, and will be evaluated on, the
following criteria:
i. That the proposed retaining wall is otherwise in compliance with the
provisions of this Section;
ii. That the proposed retaining wall will not adversely impact adjacent property,
the public or public infrastructure;
iii. That the proposed retaining wall is the minimum structure necessary to allow
a subject property to be reasonably utilized.
Notwithstanding the above, any real estate located outside the corporate limits of the City of Blair
and which is included in the General Agricultural Zoning District or the Rural Residential Estate
Zoning District shall be exempt regarding fences and hedges from the requirements set forth
hereinabove in this Section.
SECTION 1102.01 SATELLITE DISHES, TELEVISION ANTENNAS, WIND
GENERATORS
Satellite dishes over twenty (20) inches in diameter, television antennas, and wind generators shall
not be located in the front, other street yard or side yard, but may be located in the rear yard if they
are at least five (5) feet from the side lot line, ten (10) feet from the rear lot line, and on corner lots
City of Blair Zoning Regulations Article 11, Section 1102, page 4
they shall be set back the full required front yard set -back on the other street yard frontage. If these
structures are located on top of the main structure, they must meet the minimum set -backs for the
district.
If these structures are to be located on a double frontage lot, they may be located in the front yard
which is opposite of the direction which the majority of the residential structures in the block face as
long as they are at least twenty (20) feet from the street right-of-way and five (5) feet from the side
lot line.
1102.02 WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES
1102.02(1)
Purposes
1102.02(2)
Definitions
1102.02(3)
Development of Towers
1102.02(4)
Setbacks
1102.02(5)
Structural Requirements
1102.02(6)
Separation or Buffer Requirements
1102.02(7)
Method of Determining Tower Height
1102.02(8)
Illumination
1102.02(9)
Exterior Finish
1102.02(10)
Landscaping
1102.02(11)
Access
1102.02(12)
Stealth Design
1102.02(13)
Telecommunications Facilities on Antenna Support Structures
1102.02(14)
Modification of Towers
1102.02(15)
Certification and Inspections
1102.02(16)
Maintenance
1102.02(17)
Criteria for Site Development Modifications
1102.02(18)
Abandonment
1102.02(19)
Severability
1102.02(20)
Conflicts (Repeal of Ordinances)
1102.02(1) Purposes.
The general purpose of this Ordinance is to regulate the placement, construction, and modification of
Towers and Telecommunications Facilities in order to protect the health, safety, and welfare of the
public, while at the same time not unreasonably interfering with the development of the competitive
wireless telecommunications marketplace in the City.
Specifically, the purposes of this Ordinance are:
(a) To regulate the location of Towers and Telecommunications Facilities in the City;
(b) To protect residential areas and land uses from potential adverse impact of Towers and
Telecommunications Facilities;
City of Blair Zoning Regulations Article 11, Section 1102, page 5
(c) To minimize adverse visual impact of Towers and Telecommunications Facilities through
careful design, siting, landscaping, and innovative camouflaging techniques;
(d) To promote and encourage shared use/collection of Towers and Antenna Support Structures
as a primary option rather than construction of additional single -use Towers;
(e) To promote and encourage utilization of technological designs that will either eliminate or
reduce the need for erection of new Tower structures to support antenna and
Telecommunications Facilities;
(f) To avoid potential damage to property caused by Towers and Telecommunications Facilities
by ensuring such structures are soundly and carefully designed, constructed, modified,
maintained, and removed when no longer used or are determined to be structurally unsound;
and
(g) To ensure that Towers and Telecommunications Facilities are compatible with surrounding
land uses.
1102.02(2) Definitions.
The following words, terms, and phrases, when used in this Section, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a) Act means the Telecommunications Act of 1996.
(b) Antenna Support Structure means any building or structure other than a Tower which can be
used for location of Telecommunications Facilities.
(c) Applicant means any Person that applies for a Tower development permit.
(d) Application means the process by which the Owner of a parcel of land within the zoning
jurisdiction of the City submits a request to develop, construct, build, modify, or erect a
Tower upon such parcel of land. Application includes all written documentation, verbal
statements, and representations, in whatever form or forum, made by an Applicant to the
City concerning such a request.
(e) Engineer means any engineer licensed by the State of Nebraska.
(f) Owner means any Person with fee title or a long-term (exceeding ten (10) years) leasehold to
any parcel of land within the zoning jurisdiction of the City who desires to develop, or
construct, build, modify, or erect a Tower upon such parcel of land.
(g) Person is any natural person, firm, partnership, association, corporation, company, or other
legal entity, private or public, whether for profit or not for profit.
(h) Stealth means any Tower or Telecommunications Facility which is designed to enhance
compatibility with adjacent land uses, including, but not limited to, architecturally screened
roof -mounted antennas, antennas integrated into architectural elements, and Towers designed
City of Blair Zoning Regulations Article 11, Section 1102, page 6
to look other than like a Tower such as light poles, power poles, and trees. The term Stealth
does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole Tower
designs.
(i) Telecommunications Facilities means any cables, wires, lines, wave guides, antennas, and
any other equipment or facilities associated with the transmission or reception of
communications which a Person seeks to locate or has installed upon or near a Tower or
Antenna Support Structure. However, Telecommunications Facilities shall not include:
(1) any satellite earth station dish which is twenty (20) inches in diameter or less, or
otherwise regulated under Section 1102.01 hereinabove; and,
(2) any amateur radio station operator/receive-only antenna. This section shall not
govern the installation of any antenna owned or operated by an amateur radio
operator and used exclusively for receive -only antennas and for private
noncommercial purposes which shall be regulated elsewhere in the zoning
regulations for the City of Blair, Nebraska and the municipal code of the City of
Blair, Nebraska.
(j)
Tower means a self-supporting lattice, guyed, or monopole structure constructed from grade
which supports Telecommunications Facilities.
1102.02(3) Development of Towers.
(a) No person shall build, erect, or construct a Tower upon any parcel of land within any zoning
district unless a conditional use permit shall have been issued in the manner provided in
Article 14 hereinafter. No person shall build, erect, or construct a Tower upon any parcel of
land except within the following zoning districts:
1. A/ML -- AGRICULTURAL/LIGHT INDUSTRIAL AND MANUFACTURING
2. A/MH -- AGRICULTURAL/HEAVY INDUSTRIAL
AGG -- GENERAL AGRICULTURAL DISTRICT; provided however, no person
shall build, erect or construct a tower within one mile from the corporate limits of the
City of Blair, Nebraska, as amended from time to time.
(b) Towers are exempt from the maximum height restrictions of the districts where located.
Towers shall be permitted to a height of one hundred and fifty (150) feet. Towers may be
permitted in excess of one hundred and fifty (15 0) feet in accordance with 1102.02(17)
"Criteria for Site Plan Development Modifications."
(c) No new Tower shall be built, constructed, or erected within the zoning jurisdiction of the
City unless the Tower is capable of supporting another Person's operating
Telecommunications Facilities comparable in weight, size, and surface area to the
Telecommunications Facilities installed by the Applicant on the Tower within six (6) months
of the completion of the Tower construction.
City of Blair Zoning Regulations Article 11, Section 1102, page 7
(d) An Application to develop a Tower shall include:
(1) The name, address, and telephone number of the Owner and lessee of the parcel of
land upon which the Tower is situated. If the Applicant is not the Owner of the
parcel of land upon which the Tower is situated, the written consent of the Owner
shall be evidenced in the Application.
(2) The legal description and address of the parcel of land upon which the Tower is
situated.
(3) The names, addresses, and telephone numbers of all owners of other Towers or
fusible Antenna Support Structures within a one-half (1/2) mile radius ofthe proposed
new tower site, including City -owned property.
(4) A description of the design plan proposed by the Applicant must identify its
utilization of the most recent technological design, including microcell design, as
part of the design plan. The Applicant must demonstrate the need for Towers and
why design alternatives, such as the use of microcell, cannot be utilized to
accomplish the provision of the Applicant's telecommunications services.
(5) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful,
efforts to obtain permission to install or collocate the Applicant's
Telecommunications Facilities on City -owned Towers or usable Antenna Support
Structures located within a one-half (1/2) mile radius of the proposed Tower site.
(6) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful,
efforts to install or collocate the Applicant's Telecommunications Facilities on
Towers or usable Antenna Support Sit uctures owned by other Persons located within
a one-half (1/2) mile radius of the proposed Tower site.
(7) Written technical evidence from an Engineer(s) that the proposed Tower or
Telecommunications Facilities cannot be installed or collocated on another Person's
Tower or usable Antenna Support Structures owned by other Persons located within
a one-half (1/2) mile radius of the proposed Tower site.
(8) A written statement from an Engineer(s) that the construction and placement of the
Tower will not interfere with public safety communications and the usual and
customary transmission or reception of radio, television, or other communications
services enjoyed by adjacent residential and non-residential properties.
(9) Written, technical evidence from an Engineer(s) that the proposed structure meets the
standards set forth in 1102.02(5), "Structural Requirements", of this Ordinance.
(10) Written, technical evidence from a qualified Engineer(s) acceptable to the Fire
Marshall and the building official that the proposed site of the Tower or
Telecommunications Facilities does not pose a risk of explosion, fire, or other danger
to life or property due to its proximity to volatile, flammable, explosive, or hazardous
materials such as LP gas, propane, gasoline, natural gas, or corrosive or other
dangerous chemicals.
City of Blair Zoning Regulations Article 11, Section 1102, page 8
(11) In order to assist the City staff, Planning Commission and City Council in evaluating
visual impact, the Applicant shall submit color photo simulations showing the
proposed site of the Tower with a photo -realistic representation of the proposed
Tower as it would appear viewed from the closest residential property and from
adjacent roadways.
(12) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions
and does not allow the City to condition or deny, on the basis of RF impacts, the
approval of any Telecommunications Facilities (whether mounted on Towers or
Antenna Support Structures) which meet FCC standards. In order to provide
information to its citizens, the City shall make available, upon request, copies of
ongoing FCC information and RF emission standards for Telecommunications
Facilities transmitting from Towers or Antenna Support Structures. Applicants shall
be required to submit information on the proposed power density of their proposed
Telecommunications Facilities and demonstrate how this meets FCC standards.
Applicants shall certify that all franchises or licenses required under federal, state or
local law for the construction and/or operation of a wireless communication system
in the City have been obtained and shall file a copy of all such required franchises
and/or licenses with the City staff.
(13) Identification of the entities providing the backhaul network for the tower(s)
described in the application and other towers or cellular sites owned and/or operated
by the applicant.
(e) The Planning Commission may require an applicant to supplement any information the
Commission considers inadequate or the applicant has failed to comply. In granting a
conditional use permit, conditions may be imposed to the extent that the Commission and the
City Council conclude that such conditions are reasonably necessary to minimize any
adverse effect of the proposed tower on adjoining properties. The Commission or the
Council may deny an Application on the basis that the Applicant has not satisfactorily
supplied the information required in this subsection. Applications shall be reviewed by the
City in a prompt manner and all decisions shall be supported in writing setting forth the
reasons for approval or denial.
The Commission and City Council shall consider the following factors in determining
whether to issue a conditional use permit, although the Commission and City Council may
waive or reduce the burden on the applicant of one or more of these criteria if the
Commission and City Council conclude that the goals of this section are better served
thereby;
1. Height of proposed tower.
2. Proximity of the tower to residential structures and residential district boundaries.
3. Nature of uses on adjacent and nearby properties.
City of Blair Zoning Regulations Article 11, Section 1102, page 9
4. Surrounding topography.
5. Surrounding tree coverage and foliage.
6. Design of tower, with particular reference to design characteristics that have the
effect of reducing or eliminating visual obtrusiveness.
7. Proposed ingress and egress.
Availability of suitable existing towers, other structures or alternative
technologies not requiring the use of towers or structures.
No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of
the Commission and the City Council that no existing tower structure alternative technology that
does not require the use of towers or structures can accommodate the applicant's proposed tower.
Evidence submitted to demonstrate that no existing tower structure alternative technology can
accommodate the applicant's proposed antenna may include any of the following (although nothing
should be construed to infer that meeting one, some or all of the following shall entitle the applicant
to approval).
1. No existing towers or structures are located within the geographic area which meet
applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause interference with the antenna on
existing towers or structures or the antenna on the existing towers or stiuctures would
cause interference with the applicant's proposed antenna.
The fees, costs or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt an existing tower or structure are commercially
unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
The applicant demonstrates that an alternative technology that does not require the use of towers or
structures is unsuitable. Costs of alternative technology that exceed new tower or antenna
development shall not be presumed to render the technology unsuitable.
1102.02(4) Setbacks.
(a) All Towers shall be set back on all sides a distance equal to the minimum front yard, rear
City of Blair Zoning Regulations Article 11, Section 1102, page 10
yard and side yard setback requirement in the applicable zoning district. In addition to the
minimum yard setback requirements, all towers shall be set back one (1) additional foot per
each foot of Tower height.
(b) Setback requirements for Towers shall be measured from the base of the Tower to the
property line of the parcel of land on which it is located.
(c) Setback requirements may be modified, as provided in 1102.02(17), when placement of a
Tower in a location which will reduce the visual impact can be accomplished. For example,
adjacent to trees which may visually hide the Tower.
1102.02(5) Structural Requirements.
All Towers must be designed and certified by an Engineer to be structurally sound and, at minimum,
in conformance with the applicable Building Code, and any other standards outlined in this
Ordinance. All Towers in operation shall be fixed to land.
1102.02(6) Separation or Buffer Requirements.
For the purpose of this Ordinance, the separation distances between Towers shall be
measured by drawing or following a straight line between the base of the existing or approved
structure and the proposed base, pursuant to a site plan of the proposed Tower. Tower separation
distances from residentially zoned lands shall be measured from the base of a Tower to the closest
point of residentially zoned property. The minimum Tower separation distances from residentially
zoned land and from other Towers shall be calculated and applied irrespective of City jurisdictional
boundaries.
(a) Towers shall be separated from all residentially zoned lands by a minimum of two hundred
(200) feet or two hundred (200) percent of the height of the proposed Tower, whichever is
greater.
(b) Proposed Towers must meet the following minimum separation requirements from existing
Towers or Towers which have been granted a conditional use permit but are not yet
constructed at the time a conditional use permit is granted pursuant to this Code:
(1) Monopole Tower structures shall be separated from all other Towers, whether
monopole, self-supporting lattice, or guyed, by a minimum of seven hundred and
fifty (750) feet.
(2) Self-supporting lattice or guyed Tower structures shall be separated from all other
self-supporting or guyed Towers by a minimum of fifteen hundred (1,500) feet.
(3) Self-supporting lattice or guyed Tower structures shall be separated from all
monopole Towers by a minimum of seven hundred and fifty (750) feet.
1102.02(7) Method of Determining Tower Height.
City of Blair Zoning Regulations Article 11, Section 1102, page 11
Measurement of Tower height for the purpose of determining compliance with all
requirements of this Section shall include the Tower structure itself, the base pad, and any other
Telecommunications Facilities attached thereto which extend more than twenty (20) feet over the top
of the Tower structure itself. Tower height shall be measured from grade.
1102.02(8) Illumination.
Towers shall not be artificially lighted except as required by the Federal Aviation
Administration (FAA). Upon commencement of construction of the Tower, in cases where there are
residential uses located within a distance which is three hundred (300) percent of the height of the
Tower from the Tower and when required by federal law, dual mode lighting shall be requested from
the FAA.
1102.02(9) Exterior Finish.
Towers not requiring FAA painting or marking shall have an exterior finish which enhances
compatibility with adjacent land uses, as approved by the appropriate reviewing body.
1102.02(10) Landscaping.
All landscaping on a parcel of land containing Towers, Antenna Support Structures, or
Telecommunications Facilities shall be in accordance with the applicable landscaping requirements
in the zoning district where the Tower, Antenna Support Structure, or Telecommunications Facilities
are located. The City may require landscaping in excess of the requirements in the City Code in
order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside
of any fencing.
1102.02(11) Deleted
1102.02(12) Stealth Design.
Stealth design is encouraged. The issue of stealth design will be considered as an element of
the building design criteria considered as part of the issuance of the conditional use permit.
No signs shall be allowed on any antenna or tower.
1102.02(13) Telecommunications Facilities on Antenna Support Structures.
Any Telecommunications Facilities which are not attached to a Tower may be permitted on
any Antenna Support Structure at least fifty (50) feet tall, regardless of the zoning restrictions
applicable to the zoning district where the structure is located. Telecommunications Facilities are
prohibited on all other structures. The owner of such structure shall, by written certification to the
zoning administrator, establish the following at the time plans are submitted for a building permit:
(a) That the height fiom grade of the Telecommunications Facilities shall not exceed the height
from grade of the Antenna Support Structure by more than twenty (20) feet;
City of Blair Zoning Regulations Article 11, Section 1102, page 12
(b) That any Telecommunications Facilities and their appurtenances, located above the primary
roof of an Antenna Support Structure, are set back one (1) foot from the edge of the primary
roof for each one (1) foot in height above the primary roof of the Telecommunications
Facilities. This setback requirement shall not apply to Telecommunications Facilities and
their appurtenances, located above the primary roof of an Antenna Support Stiucture, if such
facilities are appropriately screened from view through the use of panels, walls, fences, or
other screening techniques approved by the City. Setback requirements shall not apply to
Stealth antennas which are mounted to the exterior of Antenna Support Structures below the
primary roof, but which do not protrude more than eighteen (18) inches from the side of such
an Antenna Support Structure.
1102.02(14) Modification of Towers.
(a) A Tower existing prior to the effective date of this Ordinance, which was in compliance with
the City's zoning regulations immediately prior to the effective date of this Ordinance, may
continue in existence as a nonconforming structure. Such nonconforming structures may be
modified or demolished and rebuilt without complying with any of the additional
requirements of this Section, except for Sections 1102.02(6), "Separation or Buffer
Requirements," 1102.02(15), "Certification and Inspections," and 1102.02(16),
"Maintenance," so long as:
(1) The Tower is being modified or demolished and rebuilt for the sole purpose of
accommodating, within six (6) months of the completion of the modification or
rebuild, additional Telecommunications Facilities comparable in weight, size, and
surface area to the discrete operating Telecommunications Facilities of any Person
currently installed on the Tower;
(2) An Application for a conditional use permit is made in the manner provided in this
Article and Article 12;. The grant of a conditional use permit pursuant to this Section
allowing the modification or demolition and rebuild of an existing nonconforming
Tower shall not be considered a determination that the modified or demolished and
rebuilt Tower is conforming; and
(3) The height of the modified or rebuilt Tower and Telecommunications Facilities
attached thereto do not exceed the maximum height allowed under this Ordinance.
(b) Except as provided in this Section, a nonconforming structure or use may not be enlarged,
increased in size, or discontinued in use for a period of more than one hundred eighty (180)
days. This Ordinance shall not be interpreted to legalize any structure or use existing at the
time this Ordinance is adopted, which structure or use is in violation of the Code prior to
enactment of this Ordinance.
1102.02(15) Certification and Inspections.
(a) All Towers shall be certified by an Engineer to be structurally sound and in conformance
City of Blair Zoning Regulations Article 11, Section 1102, page 13
with the requirements of the Building Code and all other construction standards set forth by
the City's Code and federal and state law. For new monopole Towers, such certification
shall be submitted with an Application pursuant to 1102.02(3) of this Ordinance and every
five (5) years thereafter. For existing monopole Towers, certification shall be submitted
within sixty (60) days of the effective date of this Ordinance and then every five (5) years
thereafter. For new lattice or guyed Towers, such certification shall be submitted with an
Application pursuant to 1102.02(3) of this Ordinance and every two (2) years thereafter. For
existing lattice or guyed Towers, certification shall be submitted within sixty (60) days of the
effective date of this Ordinance and then every two (2) years thereafter. The Tower owner
may be required by the City to submit more frequent certifications should there be reason to
believe that the structural and electrical integrity of the Tower is jeopardized.
(b) The City or its agents shall have authority to enter onto the property upon which a Tower is
located, between the inspections and certifications required above, to inspect the Tower for
the purpose of determining whether it complies with the Building Code and all other
construction standards provided by the City Code and federal and state law.
(c) The City reserves the right to conduct such inspections at any time, upon reasonable notice to
the Tower owner. All expenses related to such inspections by the City shall be borne by the
Tower owner.
1102.02(16) Maintenance.
(a) Tower owners shall at all times employ ordinary and reasonable care and shall install and
maintain in use nothing less than commonly accepted methods and devices for preventing
failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(b) Tower owners shall install and maintain Towers, Telecommunications Facilities, wires,
cables, fixtures, and other equipment in substantial compliance with the requirements of the
National Electric Code and all FCC, state, and local regulations, and in such manner that will
not interfere with the use of other property.
(c) All Towers, Telecommunications Facilities, and Antenna Support Structures shall at all
times be kept and maintained in good condition, order, and repair so that the same shall not
menace or endanger the life or property of any Person.
(d) All maintenance or construction of Towers, Telecommunications Facilities, or Antenna
Support Structures shall be performed by licensed maintenance and construction personnel.
(e) All Towers shall maintain compliance with current RF emission standards of the FCC.
(f) In the event that the use of a Tower is discontinued by the Tower owner, the Tower owner
shall provide written notice to the City of its intent to discontinue use and the date when the
use shall be discontinued.
1102.02(17) Criteria for Site Plan Development Modifications.
City of Blair Zoning Regulations Article 11, Section 1102, page 14
(a) Notwithstanding the Tower requirements provided in this Ordinance, a modification to the
requirements may be approved by the City Board of Zoning Adjustment ("Board of
Adjustment") as a variance in accordance with the following:
(1) In addition to the requirement for a Tower Application, the Application for
modification shall include the following:
(i) A description of how the plan addresses any adverse impact that might occur
as a result of approving the modification.
(ii) A description of off-site or on-site factors which mitigate any adverse
impacts which might occur as a result of the modification.
(iii) A technical study that documents and supports the criteria submitted by the
Applicant upon which the request for modification is based. The technical
study shall be certified by an Engineer and shall document the existence of
the facts related to the proposed modifications and its relationship to
surrounding rights-of-way and properties.
(iv) For a modification of the setback requirement, the Application shall identify
all parcels of land where the proposed Tower could be located, attempts by
the Applicant to contact and negotiate an agreement for collocation, and the
result of such attempts.
(v) The Board of Adjustment may require the Application to be reviewed by an
independent Engineer under contract to the City to determine whether the
antenna study supports the basis for the modification requested.
The cost of review by the City's Engineer shall be reimbursed to the City by the Applicant.
(2) The Board of Adjustment shall consider the Application for modification based on
the following criteria:
(i) That the Tower as modified will be compatible with and not adversely impact
the character and integrity of surrounding properties.
(ii) Off-site or on-site conditions exist which mitigate the adverse impacts, if any,
created by the modification.
(iii) In addition, the Board may include conditions on the site where the Tower is
to be located if such conditions are necessary to preserve the character and
integrity of the neighborhoods affected by the proposed Tower and mitigate
any adverse impacts which arise in connection with the approval of the
modification.
City of Blair Zoning Regulations Article 11, Section 1102, page 15
(b) In addition to the requirements of subparagraph (a) of this Section and the requirements of
Article 13, in the following cases the Applicant must also demonstrate, with written
evidence, the following:
(1) In the case of a requested modification to the setback requirement, 1102.02(4), that
the setback requirement cannot be met on the parcel of land upon which the Tower is
proposed to be located and the alternative for the Person is to locate the Tower at
another site which is closer in proximity to a residentially zoned land.
(2) In the case of a request for modification to the separation and buffer requirements
from other Towers of 1102.02(6), "Separation or Buffer Requirements," that the
proposed site is zoned A/MH or A/ML and the proposed site is at least double the
minimum standard for separation from residentially zoned lands as provided for in
1102.02(6).
(3) In the case of a request for modification of the separation and buffer requirements
from residentially zoned land of 1102.02(6), if the Person provides written technical
evidence from an Engineer(s) that the proposed Tower and Telecommunications
Facilities must be located at the proposed site in order to meet the coverage
requirements of the Applicant's wireless communications system and if the Person is
willing to create approved landscaping and other buffers to screen the Tower from
being visible to residentially zoned property.
(4) In the case of a request for modification of the height limit for Towers and
Telecommunications Facilities or to the minimum height requirements for Antenna
Support Structures, that the modification is necessary to:
(i) facilitate collocation of Telecommunications Facilities in order to avoid
construction of a new Tower;
(ii) to meet the coverage requirements of the Applicant's wireless
communications system, which requirements must be documented with
written, technical evidence from an Engineer(s) that demonstrates that the
height of the proposed Tower is the minimum height required to function
satisfactorily, and no Tower that is taller than such minimum height shall be
approved.
(c) In addition to the foregoing, the Applicant must demonstrate that, by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of his
property, the strict application of any enacted regulation under this article would result in
peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the
owner of such property. The Board of Adjustment may authorize a variance from such strict
application so as to relieve such difficulties or hardship, if such relief may be granted without
substantial detriment to the public good and without substantially impairing the intent and
purpose of any ordinance or resolution. No such variance shall be authorized by the Board
of Adjustment unless it finds that:
(a) The strict application of the zoning regulation would produce undue hardship;
City of Blair Zoning Regulations Article 11, Section 1102, page 16
(b) such hardship is not shared generally by other properties in the same zoning
district and the same vicinity;
(c) the authorization of such variance will not be of substantial detriment to adjacent
property and the character of the district will not be changed by the granting of the
variance; and
(d) the granting of such variance is based upon reason of demonstrable and
exceptional hardship as distinguished fiom the variations for purposes of
convenience, profit or caprice.
1102.02(18) Abandonment.
(a) If any Tower shall cease to be used for a period of 180 consecutive days, the City Council
shall notify the Owner, with a copy to the Applicant, that the site will be subject to a
determination by the City Council that such site has been abandoned. The Owner shall have
thirty (3 0) days from receipt of said notice to show, by a preponderance of the evidence, that
the Tower has been in use or under repair during the period. If the Owner fails to show that
the Tower has been in use or under repair during the period, the City Council shall issue a
final determination of abandonment for the site. Upon issuance of the final determination of
abandonment, the Owner shall, within seventy-five (75) days, dismantle and remove the
Tower.
(b) To secure the obligation set forth in this Section, the Applicant (and/or Owner) shall post a
bond in an amount to be determined by the City Council at the time of the approval of the
issuance of the conditional use permit based on the anticipated cost of removal of the Tower.
1102.02(19) Severability.
That if any clause, section, or other part of this Ordinance shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be
affected thereby, but shall remain in full force and effect.
(END OF SECTION)
City of Blair Zoning Regulations Article 11, Section 1102, page 17
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