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28 29 so 4.3 31 32 33 34 �- � .-. residential based PUD and not a business based PUD, thus requiring the need for the amendment request. Section 1012.10 of the City Code (or 1013.10 - updated version) regulates telecommunication towers/antenna. The Code reads as follows: 1012.10: TOWER AND OTHER STRUCTURE HEIGHT AND PLACEMENT LIMITATIONS: A. Private and Commercial Antennas and Towers: 35 1. City-Owned Antennas and Towers: City-owned or controlled antennas and tower sites 36 shall be a permitted use in B Business or I Industrial Districts and a conditional use in all 3i other districts. 38 2. Private Antennas and Towers: Private (noncommercial) receiving or transmitting a9 antennas and towers more than twenty (20) feet in height above the principal structure 4o height in residential districts or more than fifty (50) feet in height above the principal a� structure height in business and industrial districts shall be a conditional use in all 42 districts. 4� 3. Commercial Antennas and Towers - City Sites: Commercial receiving or transmitting a4 antennas and towers regardless of height or size with the exception of satellite dish a5 antennas shall connect to and use the City tower sites if use of such facilities is 46 technically feasible. 4� 4. Commercial Antennas and Towers - Non-City Sites: Commercial receiving or a8 transmitting antennas and towers not located on a City tower site shall be a conditional a9 use. Commercial receiving or transmitting antennas and towers may only be located in B 5o Business or I Industrial Districts. The City may establish permit review periods, tower 5� termination, time limits or an amortization schedule specifying the year in which the 52 tower shall be taken down by the applicant or assign. A performance bond or other surety 53 may be required by the City in order to assure removal of the tower at a specific date. 54 5. Application: The applicant shall present documentation of the possession of any 55 required license by any Federal, State or local agency. 56 6. Requirements: All antennas and towers and support structures including guy wires and 5i foundations shall be subject to the appropriate requirements of subsection A8 of this 58 Section and the setback requirements established for accessory structures in the 59 applicable zoning district. Antennas, towers, guy wires and foundations, and support so buildings shall be constructed on one lot or parcel and shall be set back a minimum of 6� thirty (30) feet from any front property line. s2 7. Design: All antennas and towers shall be designed and screened as visually 63 appropriate, shall utilize a City-approved gray or blue color, and shall contain no signage, E�G including logos, except as may be required by any State or Federal regulations. 65 8. Existing Facilities: Existing transmitting and receiving facilities at the time of the 66 adoption of this Section may remain in service. However, at such time as any material s� change is made in the facilities, full compliance with this Section shall be required. No 68 transmitting or receiving antennas or towers may be added to existing nonconforming s� facilities. Towers and receiving facilities shall be dismantled and removed from the site 7o within one year after abandonment of the use of the tower or facility for communication �� purposes. �2 9. Security Fencing: Security fencing for antennas and towers may include chainlink and �:� barbed wire to a total height of eight (8) feet above grade. PF09-005 RCA 042009 (4).doc Page 2 of 5