A new small wireless facility is subject to design review and approval by the Planning Commission, either by staff for small wireless facilities on existing structures or after a public hearing, by the Planning Commission Board for new small cell towers. The design criteria required for the new small wireless facility is determined by the type of location or zoning district in which the facility is to be located. The design review and approval process, including any public hearing, shall be compliant with state and federal law.
(A) Non-tower wireless communications facilities locations and small wireless facilities on existing utility poles or small cell towers. Administrative review by staff is required for non-tower wireless communications facilities and small wireless facilities on existing utility poles or small cell towers. A utility planning to erect said non-tower wireless communications facilities and small wireless facilities on existing utility poles or small cell towers shall file an application in accordance with § 157.285(A).
(B) New small wireless facilities and small cell location in all zoning districts. The regulations in this division apply to all new small wireless facilities and small cell towers.
(1) Except when deployed in response to temporary service outages; as a result of emergencies; or at the request of first responders, temporary, mobile or wheeled cellular antenna towers or small cell towers shall not be permitted.
(2) New small cell towers shall not exceed the greater of the maximum building height for the zoning district (or adjacent zoning district if in right-of-way) within which they are located or 35 feet. A height that is in excess of what is permitted within the zoning district may be approved by staff if it integrates stealth technology that better meets the objectives of these regulations.
(3) If technologically possible, new small cell towers shall be designed and constructed to accommodate a minimum of two service providers.
(4) New small cell towers may be located on public or private nonresidential land or within a public right-of-way provided it does not interfere with other utilities, functionality of sidewalks, visibility, or other matters of public safety.
(5) New small cell towers shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the stealth technology, such as a design intended to look like a street light pole.
(6) New small cell towers shall not include advertisements and may only display information required by a federal, state, or local agency. Such display shall not exceed one square foot in area, unless required by state or federal regulations, or unless a larger display is integral to the stealth technology. Such display shall not exceed the width of the pole, unless required by state or federal regulations or a wider sign is integral to the stealth technology such as a design which integrates a decorative banner.
(7) If a new small cell tower is located in an area with primarily underground utilities, or where no adjacent overhead utility lines exist, it shall not utilize overhead utility lines.
(C) New small wireless facilities and small cell towers locations in residential zones. The regulations in this division apply to small cell systems and small cell towers to be located within, or immediately adjacent to, residential zoning districts as defined in this chapter.
(1) Facilities in residential areas are strongly encouraged to be non-tower wireless communication facilities, which are eligible for staff approval from these regulations per division (A).
(2) New small cell towers and small wireless facilities shall be camouflaged by stealth technology. Examples of appropriate stealth technology for residential areas includes, at a minimum, towers with all cables, wires, transmission equipment, electric meters, power equipment, etc. installed inside the small cell tower to the extent technologically feasible. Other types of stealth technology or other methods which will reduce the visual impact may be approved by staff.
(3) All poles and antennas shall be uniform grey or black in color, unless another color is integral to the stealth technology as approved by staff or the applicant shows that grey and black are not technologically feasible.
(4) The use of cooling fans is discouraged. When needed, fans with lower noise profiles must be used.
(5) New small cell towers should avoid areas without overhead utilities. If a small cell tower is located in an area with primarily underground utilities it must adhere to stealth technology that incorporates the telecommunications equipment into a streetscape amenity such as a decorative lamp post, streetlight or other approved design. In areas with overhead utilities, cylindrical antennas or antennas house within cylindrical canisters or shrouds are required.
(6) In residential areas, a small cell tower shall not be located closer than the height of the proposed tower to an existing or proposed residential structure, or no closer than 30 feet, whichever is greater.
(7) Efforts should be made to locate new small cell towers in the yard location where other overhead utilities are located, in the event that co-location has been demonstrated to be infeasible.
(8) New small cell towers within residential areas should be located to avoid obstructing the view of building facades by placing the tower at a corner, intersection or along a lot line.
(9) When technologically feasible new small cell tower shall not be located within 500 feet of an existing small cell tower. Multiple carriers are permitted and encouraged to locate on one small cell tower, where technologically feasible.
(10) Reasonable efforts shall be made to locate new small cell towers in the order of hierarchy below, based on the following functional roadway classification from the most to least preferred:
(a) Interstate;
(b) Arterial;
(c) Collector; or
(d) Local.
(D) New small wireless system and small cell tower locations in non-residential zones. The regulations in this division apply to towers to be located within non-residential zoning districts.
(1) In instances where a facility is proposed to be constructed in the right-of-way within 100 feet of a residential zone or use, even if the antenna's physical location is within a non-residential zone, regulations in division (C), shall be followed.
(2) Antennas in commercial, institutional, or park areas are encouraged to be installed as non-tower wireless communication facilities, which are eligible for staff approval per division (A).
(3) Reasonable effort shall be given to locate new equipment based upon the following hierarchy of zones and land uses from the most to least preferred:
(a) Co-locate on an existing structure whenever possible;
(b) Institutional;
(c) Industrial;
(d) Commercial; or
(e) Public parks.
(4) Equipment enclosures, including electric meters, should be nearly the same width as the pole or as small as possible.
(5) Shrouds, risers, and conduits shall be used to reduce the appearance of external cabling.
(6) All poles, antennas, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by staff.
(7) All poles, antennas, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by staff.
(8) There shall be no more than a four-inch off-set between the pole and pole-mounted equipment enclosures.
(E) Evaluation criteria. Evaluation of the proposal shall be based upon the following criteria and shall be subject to administrative approval by staff or approval by the Planning Commission after a public hearing, as applicable:
(1) The extent to which the proposal is consistent with the purposes of these regulations.
(2) The extent to which the proposal minimizes the impact on adjacent land uses, especially in terms of visual impact.
(3) The extent to which the proposed facility is camouflaged (i.e., use of stealth technology).
(4) The extent to which the proposed facility conforms to the character of the surrounding area (i.e., buildings, street lighting, signs).
(F) Amendments to approved plan.
(1) Any amendments to plans for small wireless facilities and small cell towers, except for the minor adjustments outlined below, shall be made in accordance with the procedure required in § 157.285(A), subject to the same limitations and requirements as those under which such plans were originally approved.
(2) The following activities shall be considered minor adjustments from the original approval of an application for towers located in the right-of-way. Changes are measured cumulatively from the original approval of the small cell tower or small wireless facility.
(a) Tower height increases by less than 10%.
(b) Change in the tower width of less than 10%.
(Ord. 71, 2021, passed 6-10-21)