1165.09 CONDITIONAL ZONING CERTIFICATES; REQUIRED INFORMATION.

   (a)   General. The following provisions shall govern the issuance of Conditional Zoning Certificates for towers or antennas by the Planning Commission subject to final approval by the City Council:

      (1)   Applications for Conditional Zoning Certificates under this Section shall be subject to the procedures and requirements of Section 1139.02 of the Zoning Ordinance, except as modified in this section.

      (2)   In granting a Conditional Zoning Certificate, the Planning Commission may impose conditions to the extent the Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

      (3)   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

      (4)   An applicant for a Conditional Zoning Certificate shall submit the information described in this Section and a non-refundable fee as established by resolution of the city Council to reimburse the City of Aurora for the costs of reviewing the application.

   (b)   Towers.

      (1)   Information required. In addition to any information required for applications for Conditional Zoning Certificates pursuant to Section 1139.02 of the Zoning Ordinance, applicants for a Conditional Zoning Certificate for a tower shall submit the following information:

         A.   A scaled site plan clearly indicating the location, type and height of the proposed tower, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in subsection (b) (1)E. hereof, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this Chapter.

         B.   Legal description of the parent tract and leased parcel (if applicable).

         C.   The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

         D.   The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 1165.06 shall be shown on the updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

         E.   A landscape plan showing specific landscape materials.

         F.   Method of fencing and shall include fencing no less than eight feet (8') in height, finished color if applicable, the method of camouflage and illumination.

         G.   A description of compliance with Sections 1165.06 (c), (d), (e), (f), (g), (j), (l), and (m) and all applicable federal state or local laws.

         H.   A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

         I.   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Municipality.

         J.   A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

         K.   A description of the feasible location(s) of future towers or antennas within the City of Aurora based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

      (2)   Factors Considered in Granting Conditional Zoning Certificates for Towers. In addition to any standards for consideration of Conditional Zoning Certificate applications pursuant to Section 1153.02, Standards for All Conditional Uses, of the Zoning Ordinance, the Planning Commission shall consider the following factors in determining whether to issue a Conditional Zoning Certificate, although the Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this chapter are better served thereby;

         A.   Height of the proposed tower;

         B.   Proximity of the tower to residential structures and residential district boundaries;

         C.   Nature of uses on adjacent and nearby properties;

         D.   Surrounding topography;

         E.   Surrounding tree coverage and foliage;

         F.   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusieness;

         G.   Proposed ingress and egress; and

         H.   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection (b) (3) hereof.

      (3)   Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology.

         A.   Calculations verifying need for the use of a tower at the proposed location(s).

         B.   No existing towers or structures are located within the geographic area which meet applicants engineering requirements.

         C.   Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.

         D.   Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.

         E.   The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.

         F.   The fees, costs, or contractual provisions required by the Owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

         G.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

         H.   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

      (4)   Setbacks. The following setback requirements shall apply to all towers for which a Conditional Zoning Certificate is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby;

         A.   In I-1 Districts not contiguous to residentially zoned districts, existing I-1 district setbacks shall apply.

         B.   In I-1 districts contiguous to residential districts, setbacks shall be 100 feet (100') or 100% of tower height, whichever is greater.

            (Ord. 2000-143. Passed 6-26-00.)