§ 115-221. Applicability.

(a)

District height limitations. Except as set forth in subsection (c) of this section, the requirements set forth in this article shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district in which towers and antennas are permitted.

(b)

Governmental exemption. The provisions of this article shall not apply to governmental facilities and structures. Private facilities and structures proposed for placement on governmentally owned property shall not be exempt.

(c)

Amateur radio; receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 75 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive-only antenna. Amateur radio towers in excess of 75 feet may be located in any zoning district and need only comply with section 115-225 to the extent required by section 115-225(a)(2) and (3), (b), (c), (e)(l) and (2), and (f) only to the extent that an anti-climbing device will be required.

(d)

Grandfathered towers and antennas. Any tower or antenna existing prior to January 1, 2008, shall not be required to meet the requirements of this chapter, other than the requirements of section 115-222(e) and (f). Any such existing towers or antennas that fail to meet the requirements of this article shall be referred to in this article as grandfathered towers or grandfathered antennas. The provisions applicable to nonconforming uses set forth in section 115-13 shall apply to grandfathered towers and grandfathered antennas.

(Code 1998, § 106-207; Ord. No. 13-96, § 8-4-92, 5-6-1996; Ord. No. 06-2002, § 106-207, 3-4-2002; Ord. No. 02-2008, 2-4-2008)