Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[Added 4-7-1997 by L.L. No. 2-1997]

§ 215-154 Purpose.

A. 
The purpose of this article is to establish general guidelines for the siting of communications towers and antennas. The goals of this article are to:
(1) 
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2) 
Encourage the location of towers in nonresidential areas;
(3) 
Minimize the total number of towers throughout the community;
(4) 
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;
(7) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8) 
Consider the public health and safety of communication towers; and
(9) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B. 
In furtherance of these goals, the Town of Tonawanda shall give due consideration to the Town's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

§ 215-155 Applicability.

A. 
New towers and antennas. All new towers or antennas, or relocated, rebuilt or extended towers or antennas in the Town of Tonawanda shall be subject to these regulations, including the general requirements contained in § 215-156 of this article, except as provided in § 215-155B through D, inclusive, hereof.
B. 
Amateur radio station operators/receive-only antennas. This article shall not govern any tower or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
C. 
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 215-156L and M.
D. 
AM array. For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setback distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

§ 215-156 General requirements.

The following requirements apply to all applicants who wish to locate, rebuild, relocate or extend a tower or antenna in the Town of Tonawanda:
A. 
All applicants under this article must obtain a building permit from the Code Enforcement Officer of the Town of Tonawanda. The Code Enforcement Officer is hereby authorized to issue building permits under this article if it is determined that an applicant has met the requirements established in this article.
[Amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
B. 
All applicants under this article are subject to site plan review by the Town of Tonawanda Planning Board. The intent of site plan review is to evaluate site plans and require changes consistent with minimizing conflicts which may result between the site layout and design of proposed uses and natural site conditions and features and/or existing or planned adjacent uses. Site plan review is also responsible for ensuring that development comply with clearly calculated planning goals and policies as are provided in the Town of Tonawanda's Comprehensive Plan and other area-specific planning documents.
[Amended 8-29-2016 by L.L. No. 1-2016]
C. 
An applicant proposing to construct a tower or increase the height of an existing tower or mount an antenna on an existing structure is required to demonstrate, using technological evidence, that the tower or antenna must be located where it is proposed in order to satisfy its function in the applicant's grid system. Further, the applicant must demonstrate by technological evidence that the height requested is the minimum height necessary to fulfill the cell site's function within the grid system.
D. 
The Town of Tonawanda may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure and/or public property.
E. 
Applications for necessary permits will only be processed when the applicant demonstrates that it is either an FCC licensed telecommunications provider or has in place agreements with an FCC-licensed telecommunications provider for use or lease of the support structure or tower.
F. 
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
G. 
Lot size. For purpose of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
H. 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Town an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Town of Tonawanda or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Director of Community Development may share such information with other applicants applying for administrative approvals or special use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the Town of Tonawanda; provided, however, that the Town official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[Amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
I. 
Aesthetics. New towers and antennas or rebuilt, relocated or extended towers and antennas shall meet the following requirements:
(1) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(3) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
J. 
Fencing. A well-constructed masonry or stone wall or chain link fence, not less than six feet in height from finished grade, shall be provided around each antenna and/or tower and shall also be equipped with an anticlimbing device. Access to the tower shall be through a locked gate. No barbed wire shall be used in residential areas.
K. 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
L. 
State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
M. 
Building codes; safety standards. To ensure the structural integrity of towers and antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town of Tonawanda concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower or antenna, the owner shall have 30 days to bring such tower or antenna into compliance with such standards. Failure to bring such tower or antenna into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
N. 
Measurement. For purposes of measurement, tower setbacks shall be calculated and applied to facilities located in the Town of Tonawanda irrespective of municipal and county jurisdictional boundaries.
O. 
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.
P. 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises and licenses required by law by any governmental entity, including the Town of Tonawanda, now or in the future for the construction and/or operation of a wireless communication system in the Town of Tonawanda have been obtained and shall file a copy of all required franchises and licenses with the Planning and Development Department or the Code Enforcement Officer.
[Amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
Q. 
Signs. No signs or advertising material of any nature shall be allowed on an antenna or tower.
R. 
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 215-160.
S. 
Multiple antenna/tower plan. The Town of Tonawanda encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
T. 
The owner of any tower or antenna shall provide the Town Clerk with a demolition bond equal to twice the cost of removal of the tower or antenna.
U. 
The owner of any tower or antenna shall identify the entities providing the backhaul network for the antenna or tower described in the application and other cell sites owned or operated by the applicant in the Town of Tonawanda, as well as any information detailing the purpose for the proposed antenna or tower.
V. 
All applicants under this article must comply with the State Environmental Quality Review Act.
W. 
Unless otherwise provided, towers and antennae shall comply with all existing setbacks within any zoning districts. Additional setbacks may be required by the Code Enforcement Officer, Planning Board, or the Town Board, as applicable, to contain on-site substantially all ice-fall or debris from tower failure and/or to comply with the purpose of this article. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities.
[Amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]

§ 215-157 Use of premises owned or controlled by Town.

A. 
General. All applicants who wish to locate a tower or antenna on Town land must submit to the Planning and Development Department or Code Enforcement Officer a completed application and detailed plan that complies with the requirements of this article, § 215-156 of this article and the Code of the Town of Tonawanda and must furnish any other pertinent information as may be requested by the Town. In addition, such applicant shall submit along with the applications nonrefundable fee as shall be established by resolution of the Town Board of the Town of Tonawanda. Any such application is subject to the site plan review requirements of Article XXIII of the Zoning Local Law of the Town of Tonawanda. Upon receipt of any such complete application, within the 60 days, the Code Enforcement Officer shall issue a building permit if he is satisfied that the applicant is in compliance with the requirements contained herein or deny such application.
[Amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
(1) 
Towers or antennas may be located on Town land, provided that a license or lease authorizing such antenna or tower has been approved by the Town of Tonawanda and further provided that the applicant complies with the provisions of this section.
(2) 
Priority of users. Priority for the use of Town land for antennas and towers will be given to the following entities in descending order:
(a) 
The Town of Tonawanda;
(b) 
Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the Town of Tonawanda and private entities with a public safety agreement with the Town of Tonawanda;
(c) 
Other governmental agencies, for uses which are not related to public safety; and
(d) 
Entities providing licensed commercial wireless telecommunication services, including cellular, personal communication services (PSC), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging and similar services that are marketed to the general public.
(3) 
Placement. The placement of antennas or towers on Town land must comply with the following requirements:
(a) 
The antennas or tower will not interfere with the purpose for which the Town land is intended.
(b) 
The antennas or tower will have no adverse impact on surrounding private property.
(c) 
The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of Town land and other necessary provisions and safeguards.
(d) 
The applicant will submit a letter of credit, performance bond or other security acceptable to the Town of Tonawanda to cover the costs of the antenna or tower's removal.
(e) 
The antennas or tower will not interfere with other users of Town land.
(f) 
Upon reasonable notice, the Town of Tonawanda may require the antenna or tower to be removed at the applicant's expense.
(g) 
The owner of the tower or antenna must reimburse the Town of Tonawanda for any costs which the Town incurs because of the presence of the antenna or tower.
(h) 
The applicant must obtain all necessary land use approvals.
(i) 
The applicant will cooperate with the Town of Tonawanda's objective to promote colocations and thus limit the number of separate antenna sites requested.
(j) 
The applicant's continued compliance with the requirements of § 215-156 of this article.
(4) 
Special requirements. The use of certain Town land, such as water tower sites and parks, for antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of antennas or towers on these special Town land will be allowed only when the following additional requirements are met:
(a) 
Water tower or reservoir sites. The Town of Tonawanda's water towers and reservoirs represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the quality of the Town's water supply is of prime importance to the Town. The placement of antennas or towers on water tower or reservoir sites will be allowed only when the Town is fully satisfied that the following requirements are met:
[1] 
The applicant's access to the facility will not increase the risks of contamination to the Town's water supply;
[2] 
There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility;
[3] 
The presence of the facility will not increase the water tower or reservoir maintenance cost to the Town; and
[4] 
The presence of the facility will not be harmful to the health of workers maintaining the water tower or reservoir.
(b) 
Parks. The presence of certain antennas or towers represent a potential conflict with the purpose of some parks owned by the Town of Tonawanda. In no case shall towers be allowed in designated conservation areas unless they are to be installed in areas which currently contain tower facilities. Antennas or towers will be considered only in the following parks after the recommendation of the Parks and Recreation Committee and approval by the Town Board of the Town of Tonawanda:
[1] 
Public parks of a sufficient scale and character that are adjacent to an existing commercial or industrial use;
[2] 
Commercial recreation areas and major play fields; and
[3] 
Park maintenance facilities.
(5) 
Termination.
(a) 
The Town Board of the Town of Tonawanda may terminate any lease if it determines that any one of the following conditions exist:
[1] 
A potential user with a higher priority as described in § 215-157A(2) cannot find another adequate location and the potential use would be incompatible with the existing use;
[2] 
A user's frequency broadcast unreasonably interferes with other uses of higher priority as described in § 215-157A(2), regardless of whether or not this interference was adequately predicted in the technical analysis; or
[3] 
A user violates any of the standards in this article or the conditions attached to the Town of Tonawanda's lease or other authorization.
(b) 
Before taking action, the Town of Tonawanda will provide notice to the user of the intended termination and the reasons for it and provide an opportunity for the user to address the Town Board regarding the proposed action. This procedure need not be followed in emergency situations.
(6) 
Reservation of right. Notwithstanding the above, the Town Board of the Town of Tonawanda reserves the right to deny, for any reason, the use of any or all Town land by any one or all applicants.

§ 215-158 Administratively approved uses.

[Amended 3-26-2007 by L.L. No. 2-2007]
A. 
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
(1) 
Applicants for administratively approved uses must comply with the site plan review requirements of Article XXIII of the Zoning Local Law of the Town of Tonawanda.
(2) 
The Code Enforcement Officer may administratively approve the uses listed in this section.
(3) 
Each applicant for administrative approval shall apply to the Code Enforcement Officer by providing to him the information set forth in § 215-159B(1) and (3) of this article, complying with the requirements of § 215-156 of this article and submitting a nonrefundable fee as established by resolution of the Town Board of the Town of Tonawanda.
(4) 
The Code Enforcement Officer shall review the application for administrative approval and determine if the proposed use complies with § 215-159B(4) of this article and shall also determine if the applicant is in compliance with § 215-156 of this article.
(5) 
The Code Enforcement Officer shall respond to each such complete application within 60 days after receiving it by either approving or denying the application.
(6) 
In connection with any such administrative approval, the Code Enforcement Officer may, in order to encourage collocation, administratively waive any zoning district setback requirements in § 215-159B(4) by up to 50%.
(7) 
If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to § 215-159.
B. 
List of administratively approved uses. The following uses may be approved by the Code Enforcement Officer after conducting an administrative review:
(1) 
Locating a tower or antenna or increasing the height of an existing tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the Performance Standards Use, General Industrial and Waterfront Industrial Districts of the Zoning Local Law of the Town of Tonawanda.
(2) 
Locating antennas on existing structures or towers consistent with the terms of Subsections B(2)(a) and (b) hereof and § 215-160.
(a) 
Antennas on existing structures. Any proposed antenna which is not attached to a tower may be approved by the Code Enforcement Officer as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of four or more stories, provided that:
[1] 
The antenna does not extend more than 30 feet above the highest point of the structure;
[2] 
The antenna complies with all applicable FCC and FAA regulations; and
[3] 
The antenna complies with all applicable building codes.
(b) 
Antennas on existing towers. A proposed antenna to be attached to an existing tower may be approved by the Code Enforcement Officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such colocation is accomplished in a manner consistent with the following:
[1] 
The existing tower must be able to support the proposed antenna without threatening the structural integrity of the tower. No additional height may be added to the tower except in the Performance Standards Use, General Industrial and Waterfront Industrial Districts of the Zoning Local Law of the Town of Tonawanda.
[2] 
The only added structural elements to the tower are those necessary to attach the proposed antenna to the existing tower.
[3] 
Any existing tower that must be rebuilt (regardless of height), relocated on-site or reconstructed as a different tower type requires the issuance of a special use permit under the procedure set forth in § 215-159 of this article.
(3) 
Locating any new tower in a nonresidential zoning district other than Performance Standards Use, General Industrial or Waterfront Industrial Districts, provided that a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant and the Code Enforcement Officer concludes the tower is in conformity with the goals set forth in § 215-154 and the requirements of § 215-156 and the tower meets the setback requirements in § 215-159B(4) and the tower meets the following height and usage criteria:
(a) 
For a single user: up to 90 feet in height;
(b) 
For two users: up to 120 feet in height; and
(c) 
For three or more users: up to 180 feet in height.
(4) 
Locating any alternative tower structure in a zoning district other than the Performance Standards Use, General Industrial and Waterfront Industrial Districts that in the judgment of the Code Enforcement Officer is in conformity with the goals set forth in § 215-154 hereof.
(5) 
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires or similar technology that does not require the use of towers.

§ 215-159 Special use permits.

A. 
General. The following provisions shall govern the issuance of special use permits for the construction of new towers or antennas or the reconstruction, relocation or height increase of existing towers by the Town Board of the Town of Tonawanda:
(1) 
Applicants for a special use permit under this section are subject to the site plan review requirements of Article XXIII of the Zoning Local Law of the Town of Tonawanda.
(2) 
If the tower or antenna is not permitted to be approved administratively pursuant to § 215-158 hereof or whose application pursuant to § 215-157 or 215-158 hereof has been denied, then a special use permit shall be required for the construction of a tower or the increase in height of a tower or the placement of an antenna in all zoning districts.
(3) 
Applications for special use permits under this section shall be subject to the procedures and requirements of Article XIV of the Zoning Local Law of the Town of Tonawanda.
(4) 
In granting a special use permit, the Town Board may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower or height increase or antenna on adjoining properties.
(5) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(6) 
An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the Town Board of the Town of Tonawanda.
(7) 
Compliance with the requirements of § 215-156 of this article shall be required.
B. 
Towers.
(1) 
Information required. In addition to any information required for applications for special use permits pursuant to Article XIV of the Zoning Local Law of the Town of Tonawanda, applicants for a special use permit for a tower shall submit the following information:
[Amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
(a) 
A scaled site plan clearly indicating the location, type and height of the proposed tower or height increase, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower or increased height and any other structures, topography, parking and other information deemed by the Development Services Staff to be necessary to assess compliance with this article.
(b) 
Legal description of the parent tract and leased parcel.
(c) 
The setback distance between the proposed tower or existing tower proposed to be increased in height and the nearest residentially zoned properties.
(d) 
A landscape plan showing specific landscape materials.
(e) 
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(f) 
A description of compliance with requirements of §§ 215-156, 215-159B(4) and all applicable federal, state or local laws.
(g) 
A notarized statement by the applicant as to whether construction of the tower will accommodate colocation of additional antennas for future users.
(h) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Town of Tonawanda.
(i) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(j) 
A description of the feasible locations of future towers or antennas within the Town of Tonawanda based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2) 
Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to Article XIV, the Town Board of the Town of Tonawanda shall consider the following factors in determining whether to issue a special use permit:
(a) 
Height of the proposed tower or the increase in height proposed to any existing tower;
(b) 
Proximity of the proposed or existing tower to residential structures and residential zoning district boundaries;
(c) 
Nature of uses on adjacent and nearby properties;
(d) 
Surrounding topography;
(e) 
Surrounding tree coverage and foliage;
(f) 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) 
Proposed ingress and egress; and
(h) 
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in § 215-159B(3) of this article.
(3) 
Availability of suitable existing towers, other structures or alternative technology. No new tower or tower reconstruction, relocation or height increase shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Board of the Town of Tonawanda that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Town Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a) 
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b) 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c) 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d) 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) 
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 for sharing are unreasonable.
(f) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(4) 
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:
(a) 
Towers must be set back a minimum distance equal to the height of the tower, including any proposed height increase, from any residentially zoned lot line.
(b) 
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(5) 
Security fencing. Towers shall be enclosed by security fencing as provided in § 215-156J of this article.
(6) 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required:
(a) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(b) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(c) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

§ 215-160 Buildings or other equipment storage.

A. 
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1) 
The cabinet or structure shall not contain more than 300 square feet of gross floor area or be more than 12 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 300 feet square feet of gross floor area or 12 feet in height pursuant to an area variance granted by the Zoning Board of Appeals of the Town of Tonawanda, shall be located on the ground and shall not be located on the roof of the structure.
(2) 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 25% of the roof area.
(3) 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
B. 
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1) 
In residential districts, the equipment cabinet or structure may be located:
(a) 
In a front or side yard, provided that the cabinet or structure is no greater than three feet in height or 16 square feet of gross floor area and the cabinet/structure is located a minimum of two feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.
(b) 
In a rear yard, provided the cabinet or structure is no greater than 12 feet in height or 140 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of six feet and a planted height of at least 36 inches.
(2) 
In all other zoning districts, the equipment cabinet or structure shall be no greater than 12 feet in height or 300 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
C. 
Antennas located on towers. The related unmanned equipment structure shall not contain more than 300 square feet of gross floor area or be more than 12 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
D. 
Modification of building size requirements. Any area variances from the requirements of § 215-160A through C must be obtained from the Zoning Board of Appeals of the Town of Tonawanda, New York, pursuant to § 215-117 of the Code of the Town of Tonawanda.

§ 215-161 Removal of abandoned antennas and towers.

Any antenna or tower that is not operated for a period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Town of Tonawanda notifying the owner of such abandonment.

§ 215-162 Nonconforming uses.

A. 
Nonexpansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.
B. 
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article.
C. 
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 215-161, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback requirements specified in § 215-159B(4). The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 215-161, hereof.