§ 1344.05 USE REGULATIONS.
    (A)   Sole Use on Lot. A wireless telecommunications facility is permitted as the sole use on a lot subject to the following.
      (1)   Minimum lot area is two and one-half acres in all permitted districts except D-1 Community Districts. In D-1 Community Districts, minimum lot area is ten acres.
       (2)   Minimum yard requirements in all permitted districts:
          (a)   Wireless telecommunications tower: the minimum distance to any lot line from the base of the telecommunications tower shall be 160 feet. Notwithstanding this provision, in D-1 Community Districts, the minimum distance from the base of the telecommunications tower to any lot line of an abutting A-1, A-2, B-1, B-2, B-3 and/or B-5 Residential District shall be 600 feet;
         (b)   Wireless telecommunications equipment shelter: the minimum setback for all yards shall be 100 feet; and
         (c)   Notwithstanding the minimum yard requirements otherwise contained herein, Council may modify said requirements when an applicant can demonstrate to the satisfaction of Council that such modification will not impede the public health, safety and welfare, and not depreciate adjoining property values. Prior to making a determination of modification pursuant to this section, Council shall hold a public
hearing with notice as otherwise provided in this Code of Ordinances, as well as notice sent via regular U.S. mail to all landowners within a 700-foot radius of the proposed tower location, for the purpose of hearing any comments and/or objections to the proposed modification to minimum yard requirements.
      (3)   Maximum height in all permitted districts:
          (a)   Wireless telecommunications tower and antenna: see § 1344.04(C); and
          (b)   Wireless telecommunications equipment shelter: 20 feet.
      (4)   Maximum number and size of wireless telecommunications equipment shelters in all permitted districts:
         (a)   Number. There may be no more than one wireless telecommunications equipment shelter per wireless telecommunications tower; and
         (b)   Size. The maximum area of any one wireless telecommunications equipment shelter shall be 1,000 square feet.
   (B)   Combined Use on Lot. A new wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions.
      (1)   The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider.
      (2)   The minimum lot area shall be not less than that which is required for a wireless telecommunications facility as the sole use of the property.
      (3)   The minimum yard requirements shall not be less than that which is required for a wireless telecommunications facility as the sole use of the property.
      (4)   Access to all uses on the property shall be combined whenever feasible in order to minimize traffic congestion to the satisfaction of the Planning Commission.
      (5)   The maximum height of the wireless telecommunications facility is the same as that which is required for a wireless telecommunications tower and antenna and wireless telecommunications equipment shelter as the sole use of the property.
   (C)   Combined Use With an Existing Structure. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions.
      (1)   The maximum height shall be 20 feet or 20% of the building height above the existing building or structure, whichever is greater.
      (2)   If the applicant proposes to locate the wireless telecommunications equipment in a separate shelter (not located on, or attached to, the building) the shelter shall comply with the same requirements as for a sole use.
(Ord. 16-97, passed 6-2-1997; Ord. 40-98, passed 3-2-1998; Ord. 58-08, passed 5-5-2008)