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28 4.2 When reviewing the established PUD, the Planning Division needed to determine 29 whether the original intent was to create a residential or business PUD. After reviewing 30 the record, the Division determined that the subject College Properties PUD was a 31 residential based PUD and not a business based PUD, thus requiring the need for the 32 amendment request. 33 4.3 Section 1012.10 of the City Code (or 1013.10 - updated version) regulates 34 telecommunication towers /antenna. The Code reads as follows: 35 36 1012.10: TOWER AND OTHER STRUCTURE HEIGHT AND 37 PLACEMENT LIMITATIONS: 38 A. Private and Commercial Antennas and Towers: 39 1. City-Owned Antennas and Towers: City -owned or controlled antennas and tower sites 40 shall be a permitted use in B Business or I Industrial Districts and a conditional use in all 41 other districts. 42 2. Private Antennas and Towers: Private (noncommercial) receiving or transmitting 43 antennas and towers more than twenty (20) feet in height above the principal structure 44 height in residential districts or more than fifty (50) feet in height above the principal 45 structure height in business and industrial districts shall be a conditional use in all 46 districts. 47 3. Commercial Antennas and Towers - City Sites: Commercial receiving or transmitting 48 antennas and towers regardless of height or size with the exception of satellite dish 49 antennas shall connect to and use the City tower sites if use of such facilities is 50 technically feasible. 51 4. Commercial Antennas and Towers - Non -City Sites: Commercial receiving or 52 transmitting antennas and towers not located on a City tower site shall be a conditional 53 use. Commercial receiving or transmitting antennas and towers may only be located in B 54 Business or I Industrial Districts. The City may establish permit review periods, tower 55 termination, time limits or an amortization schedule specifying the year in which the 56 tower shall be taken down by the applicant or assign. A performance bond or other surety 57 may be required by the City in order to assure removal of the tower at a specific date. 58 5. Application: The applicant shall present documentation of the possession of any 59 required license by any Federal, State or local agency. 60 6. Requirements: All antennas and towers and support structures including guy wires and 61 foundations shall be subject to the appropriate requirements of subsection A8 of this 62 Section and the setback requirements established for accessory structures in the 63 applicable zoning district. Antennas, towers, guy wires and foundations, and support 64 buildings shall be constructed on one lot or parcel and shall be set back a minimum of 65 thirty (30) feet from any front property line. 66 7. Design: All antennas and towers shall be designed and screened as visually 67 appropriate, shall utilize a City- approved gray or blue color, and shall contain no signage, 68 including logos, except as may be required by any State or Federal regulations. 69 8. Existing Facilities: Existing transmitting and receiving facilities at the time of the 70 adoption of this Section may remain in service. However, at such time as any material 71 change is made in the facilities, full compliance with this Section shall be required. No 72 transmitting or receiving antennas or towers may be added to existing nonconforming 73 facilities. Towers and receiving facilities shall be dismantled and removed from the site PF09 -008 RCA 051809.doc Page 2 of 6