§ 29-06-014. Residential zoning districts.  


Latest version.
  • (a)

    Sole use on a lot. Wireless telecommunications facilities that include towers are not permitted in single-family or two-family residential districts as a sole use.

    (b)

    Antenna combined with a nonresidential use.

    (1)

    An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to, a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility. The following conditions shall be met:

    a.

    Maximum height, 40 feet above the existing building or structure, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

    b.

    If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:

    1.

    The shelter shall comply with the minimum setback requirements for the subject zoning district.

    2.

    The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

    3.

    Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

    (c)

    Tower located on a nonresidential-use property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, hospital, school, municipal or government building, facility or structure, agricultural use and a utility use, subject to the following conditions:

    (1)

    A tower shall be located not closer than a distance equal to one hundred (100) percent of the height of the tower from any adjoining lot line. Guy wires and appurtenant equipment and buildings shall comply with requirements of the underlying zoning district in which the tower is located.

    (2)

    Maximum height.

    a.

    Tower: (includes antenna) height shall not be restricted, provided such device is installed and maintained in accord with applicable state or local building codes, and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate the tower, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

    b.

    Equipment shelter: The shelter shall comply with the height regulations for the subject zoning district.

    (3)

    The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

    (4)

    Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

    (5)

    In order to locate a telecommunications facility on a property that is vacant or with an agricultural use the tract shall be at least two and one-half (2.5) acres.

    (d)

    Antenna located on a residential building. An antenna for a wireless telecommunications facility may be attached to an apartment building subject to the following conditions:

    (1)

    Maximum height, forty (40) feet above the existing building, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

    (2)

    If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located in, or attached to, the building), the shelter shall comply with the following:

    a.

    The shelter shall comply with the maximum setback requirements for the subject zoning district.

    b.

    The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

    c.

    Vehicular access to the shelter shall, if at all possible, use the existing circulation system.

    (e)

    Located in open space. A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:

    (1)

    The open space shall be owned by the municipality, county or state government, a homeowners association, charitable organization, or a private, non-profit conservation organization.

    (2)

    Maximum height.

    a.

    Tower: (includes antenna) height shall not be restricted, provided such device is installed and maintained in accord with applicable state or local building codes, and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate the tower, provided, however, nothing in this article shall interfere with limitation on height of structures included in the Alamogordo Municipal Airport Hazards Zoning Ordinance.

    b.

    Equipment shelter: The shelter shall comply with the height regulations for the subject zoning district.

    (3)

    The maximum size of the equipment shelter shall not exceed three hundred (300) square feet, or, if there is more than one (1), seven hundred fifty (750) total square feet.

    (4)

    The tower shall be located not closer than a distance equal to one hundred (100) percent of the height of the tower from any adjoining lot line. Guy wires and appurtenant equipment and buildings shall comply with requirements of the underlying zoning district in which the tower is located.

(Ord. No. 1375, art. II, 8-10-10)