Subject: 9793 Amend/Radio,TV,Telephone,Microwave
Date: Tue, 24 Apr 1990 11:55:00 -0500


                                ORDINANCE NO. 9793
        
        
                   AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS
                   AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS
                   TO AMEND CERTAIN SECTIONS RELATIVE TO ARTICLE
                   VIII, SECTION 107, SUBSECTION (13) SPECIAL
                   PERMITS FOR RADIO, TELEVISION, TELEPHONE AND
                   MICROWAVE TOWERS ISSUED BY THE ZONING BOARD OF
                   APPEALS.
                  
                            __________________________
        
              	   WHEREAS, Article VIII, Section 107, Subsection (13) in 

         the Chattanooga Zoning Ordinance puts obscure provisions upon
         the Zoning Board of Appeals for the issuance of Special Permits 

         for radio, television, telephone and microwave towers; and
              	   WHEREAS, there is no need for these provisions.
                                 NOW, THEREFORE,
              	   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
         CHATTANOOGA, TENNESSEE, That Ordinance No. 6958, as amended, 
the
         Zoning Ordinance, be and the same is hereby amended as follows:
              	   That Article VIII, Section 107, be amended by deleting 

         Subsection (13) in its entirety and the following section
         substituted in lieu thereof:
                  
                   (13)	For commercial radio, television,
                        telephone and microwave towers subject to
                        the following provisions:
                  
                   	Towers shall be permitted in all
                        manufacturing, office or commercial zones
                        without additional restrictions provided
                        that such towers shall be set back at
                        least the height of the tower plus 10 feet
                        from any adjacent residentially zoned
                        property or any single family or duplex
                        dwelling located within such
                        non-residential zones.
                  
                   	Towers shall be permitted within
                        residential zones and the R-4 special zone
                        subject to the following additional
                        restrictions:
                       
                        A. Towers more than 150 feet in height
                           above grade and/or utilizing a power in
                           excess of 100 watts and/or equipped for
                           microwave transmission or reception
                           shall be set back at least the height
                           of the tower plus 10 feet from all lot
                           lines for adjacent property not in the
                           same ownership or not assembled for use
                           as the tower site.
                       
                        B. For towers not more than 150 feet in
                           height and power not to exceed 100
                           watts and not utilizing microwave
                           transmission or reception, the base of
                           the tower shall be no closer than 250
                           feet from any single or two-family
                           dwelling.  Setbacks from multiple
                           family dwellings, institutional or
                           non-residential uses may be less
                           subject to review and approval by the
                           board.
                       
                        C. In all situations where either
                           sub-sections A or B above apply, the
                           Board must review the proposed site
                           plan and find that to allow
                           installation of such tower will not
                           devalue or otherwise injure adjacent
                           property or constitute a safety hazard. 
                           Further, the Board shall be empowered
                           to require screening, fencing,
                           landscaping, off-street parking or
                           other such site improvements as might
                           be necessary to assure compatibility of
                           the proposed tower with its
                           surroundings.
                       
0C
         	   SECTION 3.  That if any section, sentence, word or
         figure contained in this ordinance should be declared invalid 
by a
         final decree of a court of competent jurisdiction such holding
         shall not affect the remaining sections, sentences, words or
         figures contained in this ordinance, but the same shall remain 
in
         full force and effect.
         	   SECTION 4.	  BE IT FURTHER ORDAINED that this
         Ordinance shall take effect two weeks from and after its 
passage
         as required by law.
        
         PASSED on Third and Final
         Reading September 15, 1992.   
s/s_______________________________
         	   	     	       	          CHAIRPERSON
        
         	   	     	       APPROVED: ______ DISAPPROVED:_____
        
         	   	     	       DATE:___________ ___, 1992.
        
        
         	   	     	       s/s______________________________
         	   	     	       	    	     MAYOR
         RHR:meb