§ 85-785. Applicability.

A. 

No transmission tower shall hereafter be used, erected, moved, or reconstructed, changed, altered or modified to serve as a transmission tower except after administrative approval by the Commissioner of the Department of Planning, Environment and Land Management or upon the issuance of a special use permit(s) by the Zoning Board of Appeals in conformity with the requirements of this article.

B. 

Except as otherwise provided herein, towers shall only be permitted within the following zoning classification districts: CR, J-2 Business, J-4 Business, L-1 Industrial, L-2 Industrial, and L-4 Industrial.

C. 

New towers and antennas. All new towers and antennas in the Town shall be subject to these regulations, except as otherwise provided hereinbelow.

D. 

Exceptions. The requirements set forth in this article shall not be applicable to:

(1) 

Amateur radio station operators' "receive only antennas" and/or towers under 50 feet in height which are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas.

(2) 

Preexisting towers or antennas.

(3) 

Antennas or towers located or to be located on property owned, leased or otherwise controlled by the Town of Brookhaven, provided that said property is subject to a license or lease authorizing such antenna or tower approved by the Town Board and provided that such towers or antennas comply with the written regulations as promulgated by the Commissioner.