HomeMy WebLinkAboutOrdinance No. 19639ORDINANCE N0. 19639
AN ORDINANCE CONCERNING AMATEUR RADIO ANTENNA STRUC-
TURES; AMENDING SECTIONS 9.015, 9.384, 9.386, 9.439,
9.44a, AND 9.536 OF THE EUGENE CODE, 1971; AND DECLARING
AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.015 of the Eugene Code, 1971, is amended by adding
definitions for "Amateur radio antenna structure'! and "Radio towers and trans-
mitters" in alphabetical order therein, to provide:
9.015 Definitions. As used in this chapter, unless the context requires
otherwise, the following words and phrases mean:
Amateur radio antenna structure. An antenna and any struc-
ture supporting an antenna that a federally licensed amateur radio
operator uses to transmit or receive electromagnetic waves.
Radio towers and transmitters. Except for amateur radio
antenna structures, any structure or facility exceeding the build-
ing height maximum allowed in the zoning district wherein the tower
or transmitter is to be located and used to broadcast radio signals
under license from the Federal Communications Commission.
Section 2. The matrix set forth in Section 9.384 of the Eugene Cade,
1971, is amended by adding the following in alphabetical order therein:
9.384 Uses. The following reflects the uses permitted outright, condi-
tionally, or subject to standards or other requirements of this
code within the RA, R-1, R-~, R-3, and R-4 zoning districts:
P .............. Permitted outright.
C .............. Conditional use permit approval required.
P/C ............ Permitted or conditional See related standard.
Std ..,.,....... In addition to other applicable regulations, section
9.386 includes special standards for the use listed.
RA R1 R2 R3 R4
Amateur radio antenna structure (Std 31). P P P P P
Section 3. Section 9.386 of the Eugene Code, 1971, is amended by add-
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ing anew standard X31} thereto, to provide:
9.356 S ecial Standards Far Certain Uses In Residential Districts.
X31} Amateur Radio antenna Structures.
~a} The maximum permitted height is 10 feet above the
ground directly below the structure's base, unless a variance is
approved according to the procedures in this code. 1f the antenna
structure will be on a building roof in an R-4 zoning district
which has no maximum height}, it may extend 1S feet above the
roof.
fib} The minimum setback from all property lines to the struc-
ture's base is at least one foot for every three feet of height,
unless a variance is approved according to the provisians of this
code. For example, an antenna structure 70 feet in height would
need to be set back a minimum of 23 feet from all adjacent property
lines.} This standard shall not apply to antenna structures that
extend a maximum of 18 feet above the height of the main house or
building, whether the antenna structure is attached to it or free-
standing.
~c} Parts and assembly must be in compliance with the manu-
facturer's specifications or those of an engineer licensed by the
State of Oregon.
~d}, Must be adequately grounded as required by specialty codes
adopted ~n chapter 8 of this code.
fie} Structures and related guy wires and ground anchors must
comply with setback standards of the zone in which they are located.
~f} Unless a conditional use permit is approved according to
the provisions of this cads, must be accessory to the main use of
the properties on which they are located.
fig} Whether attached to another structure or building, or
are free-standing, a building permit must be obtained prior to in-
stallation. Documentation may be required that verifies compliance
with applicable codes and standards.
~h} Must be in compliance with other applicable standards of
the zoning district wherein they will be located.
Section 4. The matrix set forth in Section 9.439 of the Eugene Code,
1911, is amended by adding the following in alphabetical order therein, to
provide:
9.439 Uses. The following reflects the uses permitted outright, condi-
tionally, or subject to standards or other requirements of this
code within the C-1, C-~, C-3, C-4 and GO zoning districts:
P ......... Permitted outright
C ......... Conditiona] Use Permit approval required
* ......... Notations at end of the list
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NEC .....,. Not elsewhere classified
Standards ,Code includes special requirements for use listed
C1 C2 C3 C4 GO
amateur radio antenna structure ~5td} ..................... P P P P
Section 5, Section 9.440 of the Eugene Code, 1971, is amended by adding
a new subparagraph ~ l } thereto, to provide
9.440 S ecial Standards. In addition to general provisions, parking,
and other regulations required by this code, the following uses
are subject to the special standards set forth in this section:
~l} Rmateur radio antenna structure:
1. The maximum permitted height is 70 feet above the
ground directly below the structure's base, unless a variance
is approved according to the procedures in this code, If the
antenna structure wi11 be on a building roof in a C-2 or C-3
zoning district which has no maximum height}, it may extend
18 feet above the roof.
~ . The minimum setback from all property 1 i nes to the
structure's base is at least one foot for every three feet of
height, unless a variance is approved according to the provi-
sions of this code. For example, an antenna structure 70
feet in height would need to be set back a minimum of 23 feet
from all adjacent property lines.} This standard sha]1 not
apply to antenna structures that extend a maximum of 18 feet
above the height of the main house or building, whether the
antenna structure is attached to it or freestanding.
3 . Parts and assembly must be i n compliance with the
manufacturer's specifications or those of an engineer licensed
by the State of Oregon.
4. Must be adequately grounded as required by specialty
codes adopted in chapter 8 of this code.
5. Structures and related guy wires and ground anchors
must comply with setback standards of the zone in which they
are located.
6. Unless a conditional use permit is approved accord-
ing to the provisions of this code, must be accessary to the
main use of the properties on which they are located.
1. Whether attached to another structure or building,
or are free-standing, a building permit must be obtained
prior to installation. Documentation may be required that
verifies compliance with applicable codes and standards.
8. Must be in compliance with other applicable standards
of the zoning district wherein they will be located.
Section 6. Subparagraph fib} of Section 9.536 of the Eugene Code, 1971,
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is amended to provide:
9.536 Building Height Exceptions. In addition to other restrictions on
building heights mpa~sed under this code, the fallowin buildin
9 g
height l~mitat~ons apply. Bu~ld~ng height exemptions allowed under this sec-
t~on shall not excuse shadow-casting point height limitations required under
the solar access provisions of this code.
~b~ Roof structures and architectural features: Roof struc-
tures for the haws i ng of elevators, stairways, tanks, ventilating
fans, and s i mi 1 ar equipment required to operate and maintain the
bu i 1 d i ng, fire or parapet walls, skylights, towers, f 1 agpol es,
chimneys, smokestacks, T.v. antennas, steeples and similar struc-
tures may be erected above the height limits prescribed in this
ordinance, provided that no roof structure, feature yr any other
device above the prescribed height limit shall be allowed or used
for the purpose of providing additional floor space. Provided,
further, that no roof structure or architectural feature shall be
erected more than 18 feet above the height of the main building,
whether such structure is attached to it or freestanding.
Section 7. That the matters contained herein concern the public welfare
and safety and therefore, an emergency i s hereby declared to exist, and thi s
Ordinance shall become effective immediately upon its passage by the City
Council and approval by the Mayor.
Passed by the City Council this
9th day of October, 1989
~~ ~ ~
City Recorder
Approved by the Mayor this
9th day of October, 1989
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F /~
.. V fJ
Mayor
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