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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 126 16. No change in the use or ownership of an approved tower or antenna may be made without the written consent of the City Council. 17. Co-location of antennas upon overhead power line poles or street light poles is encouraged provide the said antenna meets all applicable federal state spacing requirements and inference regulation. 4. Proof of Non-Interference. 1. Each application for construction of a commercial Broadcast or Wireless telecommunication facility shall include either a certified statement that the construction of the tower/antenna, including reception and transmission functions, will not interfere with the radio, television, or other service enjoyed by adjacent residential and non - residential properties. If interference is found after the facility has been built has been erected, the applicant has to solve any problems his equipment has caused, at his cost. 5. Tower Setbacks. 1. Where adjacent parcels are zoned for commercial or industrial uses, setbacks equivalent to those established for the principle structure shall be provided for any tower/antenna. Setbacks equal to the height of the tower shall be established on sites that are adjacent to parcels developed or able to be developed for residential use. 6. Permit Applications and Plan Review. 1. Conditional Use Permit. Applicants for a tower/antenna Conditional Use Permit must file a Conditional Use Permit application with the City of Gem Lake and pay any and all associated fees. 2. Planning Commission/City Council review. All applications for a Broadcast/Telecommunications tower must first be sent to the Planning Commission which shall review the application and may recommend to the City Council approval or denial. The City Council will hold the necessary Public hearing(s) on this matter and will then approve or deny the request. The applicant is responsible for supplying a certified list of the property owners within three-hundred (350') feet of the proposed tower/antenna site and pay all costs for notifying all such parties of the public hearing(s) needed. 7. Exceptions. 1. The following towers and/or antennas supporting structures and antennas are not subject to the restrictions of Section 21 of this Ordinance: 1. Towers and/or antennas identified as “Accessory and Secondary Antennas” in this Ordinance are exempt. All Amateur Radio “Accessory and Secondary” antennas and/or towers must be installed in accordance with instructions furnished by the manufacturer of the tower/antenna. 2. Towers and antennas that are located entirely with a structure that complies with the height, bulk and density and area requirements of the City of Gem Lake Zoning Ordinance and are not visible from the exterior of the structure are also exempt. 3. Towers/antennas for radio/telecommunications equipment owned and operated by the City of Gem Lake are also exempt.