City of Derby, CT Article IV General Use Requirements and Miscellaneous Provisions

§ 195-25 General requirements.

A. Zoning permit. No building or other structure, or part thereof, shall be constructed, reconstructed, enlarged, extended, moved or structurally altered until an application for a zoning permit has been approved by the Zoning Officer. No land, building or other structure, or part thereof, shall be used or occupied, or changed in use, until an application for a zoning permit therefor has been approved by the Zoning Officer and until a zoning permit therefor has been issued by the Zoning Officer certifying conformity with these regulations. No zoning permit, however, is required for a farm, forestry, truck garden or nursery use when no building or other structure is proposed. All applications for a zoning permit shall be submitted and approved in accordance with the provisions of § 195-138B, and all zoning permits shall be issued in accordance with said section.

B. Conflict with amendments. No application for a zoning permit shall be approved by the Zoning Officer authorizing plans, construction or uses which do not conform to any proposed amendment of these regulations if the first notice of a hearing on such amendment has been published in a newspaper as required by the General Statutes of the State of Connecticut. If, however, the proposed amendment has not been adopted and made effective within 60 days from the date of such first published notice, the application for a zoning permit shall be promptly approved by the Zoning Officer.

C. Prohibited uses in all districts. Any other provisions of this regulation notwithstanding, and except as provided hereinafter, the following uses shall be prohibited in all districts:

(1) Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution; or by reason of the deposit, discharge or dispersal of liquid or solid wastes, in any form, in a manner or amount so as to cause permanent damage to the soil or any stream or to adversely affect the surrounding area; or by reason of the creation of noise or vibration or electromagnetic disturbance perceptible beyond the boundaries of the lot on which it is situated; or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard or which can cause injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; or any other process or use which is prejudicial to health, safety or the general welfare.

(2) Junkyards.

(3) Trailer camps or mobile home parks.

(4) Manufacture or storage of ammunition, explosives or fireworks.

(5) No land in any district may be used for the disposal of materials which have radioactive levels which could present a danger to health. No such materials shall be stored or handled except in accordance with regulations of all relevant federal, state and City agencies.

D. Professional offices in residences. Professional offices in residences, where permitted, shall comply with the following:

(1) Said office shall be conducted by a professional residing on the premises. Not more than two nonresident assistants shall be employed by any such professional resident.

(2) Said office shall be incidental and subordinate to the residential use of the building and shall not occupy more than 50% of the area of the ground floor of the principal building. No office shall be conducted in an accessory building.

(3) In no manner shall the appearance of the building be altered or shall the office within the residence be conducted in a manner that would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, size or the emission of sounds, noises or vibrations.

E. Buffer area requirements. Buffer areas shall be required for nonresidential uses abutting residential uses.

[Amended 1-1-2006]

(1) Buffer requirements. In cases where a nonresidential use abuts a residential use, a green belt buffer area at least 25 feet in depth and located on the nonresidential parcel shall be provided and maintained by the owner of such parcel unless otherwise specified in these regulations. This area shall not be used for the storage of materials or parking of vehicles. Trees and shrubs shall be planted along the property lines to give a screen at least 15 feet deep using approved, hardy, disease-resistant, indigenous plant species as listed in the most current Connecticut Department of Environmental Protection Native Tree and Shrub Availability list. Species listed on the Connecticut Invasive Plant List shall be prohibited. Such buffer shall be planted with evergreens in no fewer than two rows, no further than 15 feet apart along each row, staggered to provide maximum screening and using trees not less than six feet in height at time of planting. The balance of the buffer area shall be planted and maintained as lawn. Existing suitable, natural growth shall be preserved where practicable and supplemented with new planting in accordance with the above standards. Permanent structures such as fences, walls and earth berms may be approved in lieu of plantings. Such measures shall be in conformance and, in the opinion of the Commission, comply with the intent of these regulations.

(2) Street frontage. Buffer areas may be required along the street frontage of a lot in order to screen such uses as parking facilities, loading areas and outside storage areas.

(3) Plans. Plans showing the work to be done, with assurance of completion and future maintenance, shall be filed and approved by the Commission before such parcel may be used for nonresidential purposes. The approved buffer area planting and/or supplemental structures shall be in place prior to the issuance of a zoning certificate of compliance by the Zoning Officer. Failure to maintain the buffer area in good condition shall constitute a violation of these regulations by the owner of the parcel.

§ 195-26 Miscellaneous design and use regulations.

A. Reduction of lots. No lot existing at the time of these regulations shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of the regulations shall meet at least the minimum requirements established herein.

B. Easement not to be included in lot area. The minimum area required for a lot in any district shall not include the area lying within any easement or right-of-way over such lot for a pedestrianway or for the purposes of drainage, water supply, sewerage, the transmission of gas or liquid, telephone, telegraph, electric or other utility purposes. The Commission may require that any utility or drainage easement or right-of-way be used for pedestrian walkways in connection with any subdivision or site development approval.

C. Visibility at intersections.

(1) On no lot shall any wall, fence, structure, planting or obstruction to vision be erected, maintained, placed or planted which unreasonably or dangerously obstructs or interferes with the visibility of drivers of vehicles on a curb or at any street intersection. The minimum vision clearance shall require that no wall, fence, structure, or planting exceed a height of two feet above the street grade (except for street trees or other high branching trees). (See Appendix Figure 30.)

(2) In order to protect public health and safety, any owner of a lot not in conformance with the requirements of this section may be ordered by the Zoning Officer to remove dangerous obstructions to visibility. Such order shall be complied with within one month of its issue.

D. Junkyards. Junkyards are not permitted within the City of Derby, except that the City may, by special permit approval of the Commission, operate a junkyard or similar facility if the Commission finds that it is in the public interest.

E. Radioactive material. No land in any district may be used for the disposal of materials which have radioactive levels which could present a danger to health. No such materials shall be stored or handled except in accordance with regulations of all relevant federal, state and City agencies.

F. Dedication of land. Areas dedicated for any public purpose in connection with any zoning or subdivision application shall be in a location and of size and shape as specified by the Commission. This land shall be deeded to the City by full warranty deed free and clear of all encumbrances and shall be in an acceptable condition with any improvements as may be required by the Commission before any building permit is issued, or, in lieu of this, a contract for said transfer of title acceptable to the Commission shall be furnished by the developer. On approval of the application, the Commission accepts the dedication with the provision that if the land is not legally conveyed to or accepted by the appropriate City agency in the manner prescribed by the Commission, for whatever reason, then that land shall be considered to have been designated as open space and, prior to the issuance of any building permits, appropriate agreements, restrictions and documents shall be provided ensuring that it will be maintained as such for 50 years.

G. Scenic or conservation easements. The Commission may make provisions for the securing of appropriate easements and restrictions on any area of land that it has determined would be in the public interest to retain, maintain and conserve in its natural state.

H. Determination of certain uses. A proposed use in any zone which, in the opinion of the Zoning Officer, is not clearly allowed or prohibited as a permitted use or a special exception in that zone shall be referred to the Commission for a determination as to whether the use should be allowed as a permitted use or special exception, or not be allowed in that zone.

I. Corner lots. On corner lots, front yard requirements shall be applicable to both street frontages. The width of a corner lot shall be measured by taking the longer front lot line as though it were a side lot line (see Appendix Figure 31).

J. Through lots. A through lot shall have yards adjacent to each street of at least the same depth as the required front yard. Through lots shall be avoided, except where it is deemed desirable to preclude vehicular access from a heavily trafficked street.

K. Substandard lots. In all single-family zones, any lot which was separately described in the latest deed of record prior to the effective date of these regulations, or which was an approved lot shown on a subdivision plan approved and on file in the Town Clerk's office prior to said date, which does not meet the requirements of these regulations as to lot area and/or lot width may be utilized for any use permitted in the zone in which such lot is located, provided that all of the other provisions and requirements of these regulations are complied with.

L. Narrow parts of lot not counted towards area requirements. Lots created by subdivision subsequent to the effective date of these regulations cannot include as a portion of their required area excessively narrow sections. To qualify for inclusion, the minimum straight line dimension connecting the lot side lines shall exceed 33 1/3% of the required lot width (see Appendix Figure 31).

M. Projections into yards. Except as covered by requirements for intersection visibility, open porches or vestibules may extend into any required front yard, provided that any such extension shall not exceed five feet nor cover more than 50 square feet of area computed on exterior dimensions. Sidewalks leading to the front entrance of a nonresidential building may be covered between the street line and the building for the purpose of protection from the weather elements with a canopy made from cloth, flexible plastic or similar material, provided that the width of such canopy does not exceed eight feet and that the sides remain open or are transparent. Other unusual projections such as chimneys, windowsills, cornices and bay windows may extend not more than two feet into any required yard.

[Amended 11-22-2000]

N. Roadside stands. Farmers' stands of temporary construction or readily removable intended for the roadside sale of products raised exclusively on the farm served by the stand may be allowed in any residential zone. Such stands hereafter erected must be set back from the road at least 40 feet to permit access drives and to avoid parking of customers' vehicles on the highway and must be approved by the Zoning Officer.

O. Fences, walls and hedges. In residential zones no fence, hedge or wall in excess of four feet in height may be erected within five feet of any property line in the required front yard. Higher fences, hedges or walls up to a maximum height of six feet may be erected in the front yard if they are set back 10 feet from the property lines. No fence, hedge or wall exceeding six feet in height may be erected within any required side or rear yard. No fence, wall or hedge, the gross area of which is 80% or less open, shall be located within a ten-foot radius of the intersection of any driveway edge and a street property line. This does not apply to wire, stretcher, hurdle, post-and-rail and split-rail fences which do not present impairment to visibility (See Appendix Figure 32).

P. Guard houses. In industrial districts, a building not exceeding 150 square feet in floor area and a height of 15 feet and used solely as a guardhouse, gate house or security building may extend to within 10 feet of any street line.

Q. Required frontage and access. No building shall be built on any lot unless the lot has a frontage of at least 30 feet on a public street, an approved subdivision, or unless it has unobstructed easement of access or private right-of-way at least 25 feet wide to a public street. Such accessway shall not exceed a length of 250 feet and shall not be included in the minimum required lot area. Each accessway shall provide access for one lot, and the maximum number of adjoining accessways shall not exceed one. For existing lots located within the I-1 and I-C Zones which cannot meet the requirements of this subsection, a private roadway designed in accordance with Subsection LL may be used to provide access to the property.

[Amended 2-9-2009]

R. Open spaces required for each building. Except as specifically provided herein, no part of any yard or other open space required around any building may be included as part of a yard or other open space required for any other building.

S. Height limitation. The building height limit shall be applied separately for each wing or other distinct portion of the building. Spires, cupolas, towers, chimneys, flagpoles, penthouses, ventilators, tanks and similar features occupying in the aggregate not more than 10% of the building area and not used for human occupancy may be erected to a reasonable and necessary height as determined by the Zoning Officer.

T. Projection into open spaces. Nothing in these regulations shall prohibit the projection of not more than one foot into a required open space of pilasters, columns, belt courses, sills, cornices or other similar architectural features, nor the planting or landscaping of such open spaces.

U. Lots on narrow streets. In the case of lots fronting on streets with less than 50 feet of right-of-way, the required front yard shall be increased by 1/2 the difference between 50 feet and the actual width of the right-of-way.

V. Lots adjacent to a railroad. In the case of a side or rear lot line in a commercial or industrial district which is contiguous to the right-of-way of a railroad siding, the applicable yard shall not be required for any commercial or industrial use.

W. Existing lots. The provisions of these regulations relative to required lot area and required lot width shall not prevent the construction of an otherwise permitted building or the establishment of an otherwise permitted use on a lot which, at the time of the adoption of these regulations, or of any pertinent amendment thereto, and continuously thereafter, was owned separately from any adjoining lot, as evidenced by deed recorded in the land records of the City of Derby, provided that any reduction in the required front, side or rear yards shall have been approved by the Zoning Board of Appeals.

X. Accessory buildings. Detached accessory buildings not more than 14 feet in height and not used for human habitation or for the housing of animals may be located in the required side or rear yard, provided that they are located not less than 60 feet from any street line and not less than six feet from any side or rear yard line and provided further that they occupy in the aggregate not more than 20% of the area of the required rear yard.

Y. More than one principal building on a lot. No lot in any residential district, except multifamily dwellings, shall contain more than one principal building.

Z. Storage of waste material. No waste or scrap material, debris, motor vehicles which are partially or wholly dismantled, motor vehicle parts, abandoned machinery, junk or similar unsightly material shall be stored or allowed to accumulate in any open space or outside a completely enclosed building on any lot in any district other than as may be permitted in an industrial district. This provision shall not apply to the temporary storage of waste material from a construction operation being legally executed on the same premises.

AA. Trailers, recreation vehicles and boats. The outdoor storage or parking and use of a trailer or recreation vehicle by any person or persons is hereby prohibited in all districts, except that:

(1) Not more than one unoccupied trailer or recreation vehicle per dwelling unit may be stored, but not used for any purpose, on an occupied lot in any residence district, provided that such trailer or recreation vehicle is not stored between the street line and the principal building. If stored in a side or rear yard, said trailer or recreation vehicle shall be buffered from view by a fence or landscape screen of at least six feet in height.

(2) Not more than one boat per dwelling unit may be stored on an occupied lot in any residence district, provided that such boat is not stored between the street line and the principal building. If stored in the rear or side yard, said boat shall be buffered from view by a fence or landscape screen of at least six feet in height.

(3) Where a building permit has been issued for the construction or alteration of a building or immediately following an emergency or disaster, the Building Official may issue a temporary permit for one or more trailers, for a period not to exceed one year. The number of trailers shall be limited to that which the Building Official shall deem to be necessary in each case. Said temporary permit may be extended for two additional successive periods of six months each, if the Building Official finds that construction has been diligently pursued and that justifiable circumstances require such an extension.

BB. Trash compactors. Trash compactors, where permitted, shall be located in the rear yard only, subject to the following:

(1) The compactor shall be located no closer than 10 feet to the property lines.

(2) The compactor shall not be located in a required loading berth or in required off-street parking spaces.

(3) The compactor shall be of rodent-proof design.

(4) The design and operation of the trash compactor shall be approved by the Building Official of the City of Derby, prior to its installation.

CC. Outside storage. Outside storage, which is hereby defined to be the outside storage or display of merchandise, supplies, machinery and other materials and/or the outside manufacture, processing or assembling of goods, but excluding areas for parking of registered motor vehicles in daily use, shall be limited as follows:

(1) Business districts. There shall be no outside storage areas in business districts.

(2) Industrial districts. In industrial districts, outside storage areas shall not extend into the area required for setback from a property line, street line or residence district boundary line, shall not exceed 15% of the lot area and shall be enclosed (except for necessary access drives) by buildings and/or by fences, walls, embankments or evergreen shrubs or trees so as to screen the storage area from view from any other lot or from any street, and the aggregate lot coverage of all buildings, other structures and outside storage areas shall not exceed 60% of the area of the lot.

DD. Courts and windows. In addition to the setback requirements specified in this regulation, the windows of rooms used for human occupancy in a dwelling containing two or more dwelling units shall open onto yards, setback areas, courts or other open spaces. The least horizontal dimension of any court between opposing walls shall be not less than twice the average height of such opposing walls. In the case of a court formed by walls on three sides and open on the fourth side, the distance between the open end and the opposite wall shall not exceed the distance between the other two walls, unless such latter distance is greater than 50 feet. On any lot, no window in one dwelling unit shall face the window of another dwelling unit at a distance of less than 25 feet. On any lot, no dwelling shall be closer to another dwelling than the average height of such dwelling.

EE. Floodplain development. In any area of special flood hazard within the City of Derby, no land, building or other structure shall hereafter be constructed, located, extended, converted or altered without full compliance with all provisions of the Floodplain Management Ordinance of the City of Derby and all requirements and provisions of these regulations.[1]

[1] Editor's Note: See Ch. 92, Flood Damage Prevention, and Art. XV, Floodplain Management Controls, of this chapter.

FF. Minimum floor elevation. No building shall be erected hereafter unless the minimum elevation of the lowest floor, including basement, shall be at or above one foot above the one-hundred-year-flood level. The land area adjacent to and within 10 feet of any building, together with the streets and driveways giving access to the building, shall be graded to an elevation of one foot above the one-hundred-year-flood level. The provisions of this subsection shall not apply to detached garages, boat houses and other accessory buildings or portions thereof not used for human occupancy or to buildings for which a legal variance permitting a lower elevation has been approved under the provisions of the Floodplain Management Ordinance.[2]

[2] Editor's Note: See Ch. 92, Flood Damage Prevention.

GG. Lots under water or subject to flooding.

(1) All lots under water or subject to flooding shall be subject to the requirements for flood hazard areas.

(2) In addition, no more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water or subject to periodic flooding. All minimum front, side and rear yard requirements must be satisfied by measurement on dry land.

HH. Subdivision of a lot.

(1) Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such a manner as not to impair conformity with any of the requirements of this regulation with respect to the existing building and all yards and other required spaces in connection therewith.

(2) Any new lot so formed must conform to the zoning requirements of the zone in which it is located in order to receive a zoning permit.

II. Location of accessory uses. Unless otherwise specified, all accessory uses permitted in this regulation shall be located in the principal building or in any side or rear yard, with the exception of off-street parking for one-family dwellings which may also be located in any required front yard, provided that said parking is located in the driveway portion of the yard and does not result in the parking of vehicles on or within one foot of a public right-of-way.

JJ. Exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties, shall not cause any objectionable glare observable from streets or adjacent properties, and shall be of such height proportional in scale to the property and buildings the lights serve and the surrounding neighborhood. In any residential zone no exterior light fixture shall exceed a height of 14 feet. In any nonresidential zone, no exterior light fixture shall exceed a height of 20 feet. Signs may have interior illumination to the Lull height of the sign permitted wider Article XI of these regulations.

[Amended 10-18-2000]

KK. Prohibited uses in all districts. Any other provisions of this regulation notwithstanding, and except as provided hereinafter, the following uses shall be prohibited in all districts:

(1) Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor, or other form of air pollution; or by reason of the deposit, discharge or dispersal of liquid or solid wastes, in any form, in a manner or amount so as to cause permanent damage to the soil or any stream or to adversely affect the surrounding area; or by reason of the creation of noise or vibration, or electromagnetic disturbance perceptible beyond the boundaries of the lot on which it is situated; or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard, or which can cause injury, annoyance or disturbances to any of the surrounding properties or to their owners and occupants; and any other process or use which is prejudicial to health, safety or the general welfare.

(2) Junkyards are not permitted within the City of Derby, except that the City may, by special permit approval of the Zoning Commission, operate a junkyard or similar facility if the Commission finds that it is in the public interest.

(3) Trailer camps or mobile home parks.

(4) Manufacture or storage of ammunition, explosives or fireworks.

LL. Private roadways in industrial districts. In cases where existing lots are located within an I-1 or I-C industrial zone only which are unable to meet the frontage and access requirements of Subsection Q, a private roadway designed in accordance with Section 3 of the City of Derby Subdivision Regulations may be provided with the following provisions:

[Amended 2-9-2009]

(1) Private dead-ends or culs-de-sac may be constructed within an easement having a minimum width of 50 feet.

(2) The design of the private roadway shall provide for safe and convenient vehicular access, including emergency vehicles, as determined by the Commission.

(3) The minimum paved width of the private roadway shall be 24 feet.

(4) For the purposes of this section, the proposed private roadway easement line shall serve as the proposed street line and all bulk requirements and setbacks shall apply as required in each zone.

(5) Private roadways shall not be accepted as City streets until all improvements in accordance with the Derby Subdivision Regulations and Chapter 172, Article III, Acceptance of Roadways and Appurtenances, of the City Code have been performed.

§ 195-27 Wireless telecommunication antennas.

[Added 6-19-2001]

A. Intent. The intent of this regulation is to allow the attachment of wireless telecommunication antennas to existing structures as permitted uses in all zones by special exception permit. In addition to specific requirements listed in Subsections F and G of this section, the Commission must find that the application complies with the standards found in Article VI, Special Exceptions, §§ 195-44 through 195-52. The following wireless telecommunication facilities are exempt from local zoning regulations: police fire, ambulance and other emergency dispatch.

B. Definitions. For the purpose of applying the provisions of this section, the terms below shall be defined as follows:

ANTENNA

A device used to receive or transmit electromagnetic waves. Examples include, but are not limited to, whip antennas, panel antennas and dish antennas.

CAMOUFLAGED

A wireless telecommunication antenna that may be disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure.

CARRIER

A company that provides wireless telecommunication services.

CO-LOCATION

Locating wireless communication antennas from more than one provider on a single structure. Co-location can also refer to the provision of more than one service on a single structure by one or more carriers.

RADIO FREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

WIRELESS TELECOMMUNICATION SERVICES

Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

C. Location preferences. The locations for siting wireless telecommunication antennas are listed below, in order of preference:

(1) Camouflaged within an existing building, flagpole, or similar structure.

(2) Mounted and camouflaged on an existing building or structure.

(3) Mounted on existing buildings and structures in commercial and industrial zones.

(4) Mounted on an existing or previously approved antenna location without increasing the allowable height.

(5) Mounted on existing buildings and structures in residential zones.

D. Site plan and application requirements. All proposals to install a wireless telecommunication antenna as a special exception use shall be subject to the site plan requirements listed in Article V, Site Plan Review, §§ 195-30 through 195-33 of these regulations. In addition, the following information shall be submitted in accordance with each particular application where applicable:

(1) The applicant shall demonstrate that it is a federally licensed provider of wireless telecommunication services.

(2) The applicant shall demonstrate the need for the proposed coverage within its existing coverage network.

(3) A report from a licensed RF engineer indicating that the proposed wireless telecommunication antenna will comply with the emission standards found in Subsection F of this regulation. The report shall include ambient RFR measurements and the maximum estimate of RFR from the proposed wireless telecommunication antennas plus the existing RFR environment. Such report shall also certify that the installation of such site will not interfere with public safety.

(4) A map depicting the extent of the carrier's current and planned coverage within the City of Derby and the service area of the proposed antenna and a map indicating the search radius for the proposed wireless telecommunication antenna.

(5) A plan showing where and how the proposed antenna will be affixed to a particular building or structure.

(6) Details of all proposed antenna and mounting equipment, including size and color.

(7) Elevations of all proposed shielding and details of materials, including color.

(8) An elevation of all proposed equipment buildings or boxes and details of all proposed fencing, including color.

(9) A design drawing showing the proposed location of all mounting positions for co-located antennas and the minimum separation distances between antennas.

(10) Upon request of the Commission, the applicant shall provide a sight line study indicating how the facility would appear from various directions and distances prescribed by the Commission. This could include photographs depicting sight lines before and after installation.

E. Height and area requirements.

(1) Wireless telecommunication antennas shall not be attached to a one-family or two-family dwelling or to an accessory building located on a lot containing a one-family or two-family dwelling.

(2) The maximum height of any attached wireless telecommunication antenna shall be 15 feet, measured from the highest part of the existing structure or building.

(3) When attached to the wall or facade of an existing structure or building, wireless telecommunication antennas shall not project more than two feet beyond the wall or facade or more than five feet above the cornice line.

(4) All equipment buildings/boxes and/or equipment areas shall comply with the minimum property line setbacks for a principal building in the underlying zone.

F. General requirements.

(1) No lights shall be mounted on proposed wireless telecommunication antennas unless otherwise required by the FAA. All strobe lighting shall be avoided if possible.

(2) Antennas or unshielded equipment buildings/boxes mounted to or on buildings or structures shall to the greatest degree possible blend with the color and design of such building. The Commission may require that building-mounted facilities be camouflaged or shielded.

(3) All dish antennas shall be of mesh construction unless otherwise approved by the Commission.

(4) Dish antennas shall not exceed six feet in diameter. Panel antennas shall not exceed five feet in height.

(5) No proposed wireless telecommunication antenna shall be designed, located or operated as to interfere with existing or proposed public safety communications.

(6) All applications for wireless telecommunication antennas attached to existing structures within the Floodplain Zone shall comply with the standards found in Article XV of these regulations and with Chapter 92, Flood Damage Prevention, of the City Code.

(7) The design of all wireless telecommunication antennas shall comply with the standards established by the Federal Communications Commission for nonionizing electromagnetic emissions. When there is more than one existing or proposed source of electromagnetic emissions at a site or adjacent thereto the design shall consider the cumulative emissions from all sources.

(8) All utilities proposed to serve wireless telecommunication antennas shall be installed underground unless otherwise approved by the Commission.

G. Commission action. In passing upon applications for commercial wireless telecommunication sites, the Commission, in addition to the standards found in Article VI, § 195-47, shall also find:

(1) In the case where a wireless telecommunication antenna is proposed to be located on an existing structure or building property designated on the State or National Historic Register or within an approved historic district, that such proposal will preserve the historic and/or architectural character of the landscape of any structure.

(2) In the case where an application for the proposed location of a commercial wireless telecommunication site is not a preference one through five location,[1] the applicant has adequately described the efforts and measures taken to pursue those preferences and why a higher preference location was not feasible. In the case where the higher preference location is not technologically feasible, the applicant shall supply documentation of the following factors:

(a) The planned equipment would cause unacceptable interference with the operation of other existing or planned equipment on an existing or approved structure as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated with reasonable means.

(b) The planned equipment cannot be accommodated on existing or approved structures or buildings due to structural deficiencies as documented by a qualified licensed engineer and that such deficiencies cannot be eliminated with reasonable means.

(c) The planned equipment cannot be accommodated on an existing building or structure due to the inability to adequately receive or transmit the desired signal and that such deficiencies cannot be eliminated with reasonable means.

(d) The existing or planned equipment on an existing or approved structure would cause unacceptable interference with the equipment proposed by the applicant as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated with reasonable means.

(e) Any restriction or limitation imposed by the FCC.

[1] Editor's Note: See § 195-27C(1) through (5).

H. Monitoring. Subsequent to the initial operation of a wireless telecommunication antenna, the owner of such facility shall conduct an actual measurement of the electromagnetic emissions and submit a report prepared by a licensed RF engineer to the Zoning Enforcement Officer. This report shall be submitted on a frequent basis not to exceed one per calendar year. When there is more than one source of electromagnetic emissions at a location, the above-mentioned report should measure the cumulative emissions from all sources.

I. Abandonment. A wireless telecommunication antenna not in use for 12 consecutive months shall be removed by the service facility owner. This removal shall occur within 90 days of the end of such twelve-month period.

J. Expiration of permit. The approval of an application for special permit shall be void and of no effect unless installation of the antenna commences within one year from the date of the approval granted by the Commission. The Commission may grant up to two six-month extensions of this period upon written request by the applicant. The Commission shall withhold approval of any or all extensions unless the development plan is brought into conformance with any relevant zoning regulations which have been amended subsequent to the original approval and if the applicant fails to provide adequate evidence that construction is able to begin within the extended time period sought. This evidence shall include, but not be limited to, the acquisition of any or all required government approvals and project financing. Any appeals of such special permit, site plan, inland wetlands or subdivision approval shall extend the aforementioned one-year period the length of such appeal. In reviewing a request for an extension of the special permit the Commission may give due consideration to the use of alternative technologies.

§ 195-28 (Reserved)

§ 195-29 (Reserved)