A. Antennas Mounted on Structures or Rooftops.

The equipment cabinet or structure used in association with antennas shall comply with the following:

(1) The cabinet or structure shall not contain more than one hundred (100) square feet of gross floor area or be more than ten (10') feet in height. In addition, for buildings and structures which are less than forty (40') feet in height, the related unmanned equipment structure, shall be located on the ground and shall not be located on the roof of the structure.

(2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten (10%) percent of the roof area.

(3) Equipment storage buildings or cabinets shall comply with all applicable building codes.

B. Antennas Mounted on Utility Poles or Light Poles.

The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(1) In a front or side yard provided the cabinet or structure is no greater than six (6') feet in height or one hundred (100) square feet in gross floor area and the cabinet/structure is located a minimum of seventy-five (75') feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least forty-two to forty-eight (42"-48") inches and a planted height of at least thirty-six (36") inches.

(2) In a rear yard, provided the cabinet or structure is no greater than eight (8') feet in height or one hundred twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight (8') feet and a planted height of at least forty-eight (48") inches.

(3) In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6') feet in height or an evergreen hedge with an ultimate height of eight (8') feet and a planted height of at least seventy-two (72") inches.

C. Antennas Located on Towers.

The related unmanned equipment structure shall not contain more than two hundred (200) square feet of gross floor area or be more than ten (10') feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City of Hackensack notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The City may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than one hundred twenty (120%) percent of the cost (as determined by the City Engineer) of such removal, grading and restoration to a state required under all applicable City Ordinances, including but not limited to the City Property Maintenance Code.

Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified herein. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 175-13.7.