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Home My WebLink AboutLL 07 of 2007 Amateur Radio.doc TOWN OF ITHACA LOCAL LAW NO. 7 OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 270, TITLED “ZONING,” OF THE TOWN OF ITHACA CODE REGARDING AMATEUR RADIO FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code, Section 270-5, titled “Definitions,” is amended by adding this definition for AMATEUR RADIO FACILITIES: “AMATEUR RADIO FACILITIES – Structures and equipment used by amateur radio operators who are licensed by the Federal Communications Commission, including antennas, towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty \[the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment\].” Section 2. Chapter 270 (Zoning), Article XXVI of the Town of Ithaca Code, titled “Special Regulations,” is amended by adding Section 270-219.3 as follows: “§ 270-219.3 Amateur radio facilities. A. Amateur radio facilities located within a building are permitted in all zoning districts in the Town. B. Amateur radio facilities located outside of a building are permitted as specified in Articles V-XX of this chapter and shall meet all of the following requirements: (1) The height of each amateur radio facility shall not exceed 65 feet from the ground elevation. (2) Where the amateur radio facilities are an accessory use, they shall be located on the roof of a building, or in a side or rear yard only, except feed lines connecting the radio to the antenna and rotor control wires may also be located in a front yard. (3) The location of the amateur radio facilities shall meet all applicable setback and buffer requirements of the zone in which they are located. (4) A fall zone must exist around any tower constructed as part of an amateur radio facility and must have a radius at least equal to the height of the May 1, 2007 1 tower and any attached antennas. The fall zone may not include public roads and must be entirely located on the property on which the amateur radio facilities are located and/or on property which the tower user owns or for which the tower user has obtained an easement. (5) Any towers shall not be artificially lighted or marked beyond the requirements of the Federal Aviation Administration or any successor agency. (6) Co-location of equipment or facilities that are not used for amateur radio purposes on an amateur radio tower is prohibited. (7) The placement of more than two amateur radio towers on one lot is permitted only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. (8) When required by Chapter 125 of the Town of Ithaca Code (Building Construction and Fire Prevention), a building permit must be obtained for the amateur radio facilities. C. An accessory building that is part of an amateur radio facility is subject to all requirements applicable to accessory buildings other than garages in the zone in which it is located, except such accessory buildings may be located in side yards as well as rear yards. D. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed amateur radio facilities. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of amateur radio facilities where such changes or additions meet a § 270-191 threshold. E. If a tower that is part of an amateur radio facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the tower, antennas, mounts and associated equipment and facilities by no later than 90 days after the end of the 12 month period.” Section 3. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca Code, Section 270-14, titled “Permitted accessory buildings or uses,” is amended by adding subparagraph G reading as follows: “G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” May 1, 2007 2 Section 4. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-27, titled “Principal uses authorized by special permit only,” is amended by deleting the word “Radio” in subparagraph G, so that subparagraph G reads as follows: “G. Television, commercial radio, telecommunication, microwave, satellite or other electronic transmission facility operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency.” Section 5. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-26, titled “Permitted principal uses,” is amended by adding a new subparagraph M to the end of this section reading as follows: “M. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 6. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-29, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph J to the end of this section reading as follows: “J. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 7. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43, titled “Permitted accessory structures and uses,” is amended by adding a new subparagraph I to the end of this section reading as follows: “I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 8. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270-56, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph K to the end of this section reading as follows: “K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 9. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-68, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph I to the end of this section reading as follows: “I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 10. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-79, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph H to the end of this section reading as follows: May 1, 2007 3 “H. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 11. Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-91, titled “Permitted accessory uses,” is amended by adding a new subparagraph I to the end of this section reading as follows: “I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 12. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270-101, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph I to the end of this section reading as follows: “I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 13. Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, Section 270-114, titled “Permitted accessory uses,” is amended by adding a new subparagraph G to the end of this section reading as follows: “G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 14. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270-144, titled “Permitted principal uses,” is amended by adding a new subparagraph F to the end of this section reading as follows: “F. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 15. Chapter 270 (Zoning), Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270-146, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph K to the end of this section reading as follows: “K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” Section 16. Chapter 270 (Zoning), Article XX (Industrial Zones) of the Town of Ithaca Code, Section 270-160, titled “Permitted accessory buildings and uses,” is amended by adding a new subparagraph K to the end of this section reading as follows: “K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.” May 1, 2007 4 Section 17. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 18. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. May 1, 2007 5