Commercial, public, and semi-public antennas, radio and television antennas, microwave and other wireless communications facilities, dish antennas, antenna support structures, towers, and equipment structures, are permitted as primary or accessory uses, subject to Site Plan Review of Chapter 1141 under the terms and conditions set forth in this Section. Installation of small cell facilities in public rights-of-way shall be governed by Sections 1193.06 through 1193.065.
(a) Antenna support structures with antenna, and towers, may be located as follows:
(1) On property or existing buildings in any commercial or industrial zone where located not closer than five hundred (500) feet from any residential unit in any residential zone, subject to review by the Planning and Zoning Commission.
(2) On property or existing buildings in any residential zone where located not less than five hundred (500) feet from any residential unit in any residential zone, subject to review by the Planning and Zoning Commission.
(3) All towers placed or constructed within the City shall be designed to have a stealth appearance, including by use of alternative tower structures, to be aesthetically and architecturally compatible with the surrounding built or natural environment. All wireless communications facilities collocated on antenna support structures shall be designed to have a stealth appearance, which may include concealment in RF-transparent material, color, or other techniques to make the facility aesthetically and architecturally compatible with the surrounding built or natural environment.
(b) Antennas and antenna arrays, independent of antenna support structures normally accompanying their use, may be located as follows An antenna support structure may consist of the following:
(1) Existing buildings or structures in commercial and industrial zones.
(c) Structures for housing of equipment required to operate an antenna, not higher than twelve (12) feet above grade nor greater than three hundred (300) square feet in area, may be constructed in proximity to wireless communications facility as accessory to each antenna array or user of wireless communications facility. A single, larger structure may be built for multiple users, provided that total floor area does not exceed six hundred (600) square feet. An equipment structure may also be treated as a mechanical appurtenance or penthouse on the roof of an existing building on which the antenna, antenna array, or antenna support structure is erected. Where the equipment structure is erected at grade, color and character of the exterior surface shall be aesthetically and architecturally compatible with buildings in the surrounding area.
(d) Except in LM and PID Zones, towers shall maintain a setback from the nearest property line a distance at least equal to the height of the structure. Antennas mounted on the roof of an antenna support structure shall not, in combination with the structure, exceed the maximum height permitted in the zoning district.
(e) Overall antenna tower height covered under this Section shall be limited to not more than one hundred fifty (150) feet above grade.
(f) Required submittals accompanying applications:
(1) Completed application form and application fee;
(2) A scaled and dimensioned site plan (not less than 1" = 50') clearly indicating the following:
A. Location, type and height of the proposed wireless communications facility (height includes height of antenna and antenna support structure if the facility is being located on an existing antenna support structure; height includes total height from grade for a tower);
B. The existing or proposed lease area and parcel boundaries for the site;
C. On-site land uses and zoning, and adjacent land uses and zoning (including adjacent land outside municipal boundaries, if applicable);
D. Adjacent roadways and rights-of-way;
E. Any buildings within 100 feet of the property boundary;
F. Proposed means of pedestrian and/or vehicular access as applicable to the type of facility;
G. The setback distance between the proposed wireless communications facility, equipment structures or cabinets, and the nearest property lines;
H. Elevation drawings of the proposed wireless communications facilities, including material specifications for all associated site improvements; and
I. Any other proposed improvements, including but not limited to structures, grading, tree removals and replacement, topography, parking, and other information necessary to determine compliance with the provisions of this Section.
(3) Legal description and/or property survey of the parent tract and leased parcel (if applicable);
(4) For all new towers, the separation distance from other existing and planned wireless communications facilities shall be shown on a map, and shall include latitudinal and longitudinal location coordinates of such existing and planned facilities. The applicant shall also identify the type of construction of the existing wireless communications facilities and the owner/operators of the existing facilities, if known;
(5) For all new towers, a landscape and screening plan showing proposed landscape materials, quantities, installation sizes, and/or fencing materials, to screen the base of the tower and any accessory equipment structure, compliant with Chapter 1191 of the Codified Ordinances;
(6) A written statement that the applicant complies with applicable requirements of this Section and all applicable federal, state, or local laws, including those of the FCC and FAA;
(7) For all new towers, a structural analysis sealed by an engineer affirming that the proposed tower will accommodate collocation of additional antennas as required by division (i) of this Section;
(g) No placement of new towers shall be permitted unless the Planning and Zoning Commission finds credible evidence establishing to a reasonable certainty one or more of the following:
(1) No existing antenna support structure, or tower is located in the area in which the applicant's equipment must be located, or
(2) No existing antenna support structure or tower in the area is of sufficient height to meet the applicant's requirements and the deficiency cannot be remedied at reasonable cost, or
(3) No existing antenna support structure or tower within the area has sufficient structural strength to support the applicant's equipment and the deficiency cannot be remedied at reasonable cost, or
(4) Electromagnetic interference would occur between the applicant's and existing equipment and such interference cannot be eliminated at reasonable cost, or
(5) The fees, costs or contractual provisions required by the owner to co-locate on existing antenna support structure or tower are unreasonable relative to industry norms, or
(6) The applicant demonstrates that there are other factors that render existing antenna support structures or towers unsuitable or unavailable for co-location. The cost of eliminating impediments to collocation shall be deemed reasonable if it does not exceed one hundred twenty-five percent (125%) of the cost of constructing a new tower on which to mount the applicant's equipment.
(h) If the Planning and Zoning Commission determines it necessary to consult with an expert in considering the factors listed in subsection (g) above, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the Planning & Zoning Commission shall be grounds for denial or the withholding of the issuance of a building permit until such costs have been paid.
(i) Unless shown to be unreasonable, a condition of approval shall be to construct the tower so as to accommodate the collocation of at least three additional antenna arrays similar in size and function to that placed by the applicant. The additional collocation sites shall be made available at prevailing rates in the industry and under standard contractual provisions. Failure to do so shall be considered grounds for denying approval or voiding of approvals given.
(j) Any modification which significantly alters the appearance, height, or structural integrity of a tower or which involves the installation of antenna equipment differing in size or function from that previously installed shall require the approval of the Planning and Zoning Commission.
(k) Additional approval by the Planning and Zoning Commission shall not be required for collocation on an existing antenna support structure or tower, provided the collocated antenna array and equipment is similar in size and function to that installed by the applicant of the approved tower or antenna support structure. Such collocation shall be subject to review and approval of the Planning and Zoning Administrator. All applications for location of a wireless communications facility in the Old Town Overlay District, Historic District, and Preservation Districts, or on a designated Landmark as defined in Section 1139.02 of the Codified Ordinances, shall be subject to review for a certificate of appropriateness from the Landmarks Commission pursuant to Section 1175.01 of the Codified Ordinances.
(l) No advertising or business signs shall be allowed on wireless communications facilities.
(m) No signals, lights or illumination not required by the FCC, FAA, or Municipality may be placed on wireless communications facilities. Any such required signal or light shall be shielded to prevent downward transmission of light unless such shielding is contrary to an express requirement of the FCC, FAA, or other regulating authority having jurisdiction over the facility.
(n) All wireless communications facilities and accessory equipment structures shall have an exterior finish that preserves their structural integrity and visual appearance.
(o) Structures covered under this Section shall require a building permit prior to erection, enlargement, and increase in height or relocation. The application for a permit shall include construction drawings showing the proposed method of installation, including details of structural support, footing, foundation, guys, braces, anchors, and such other information as required by the Planning and Zoning Administrator to assure proper engineering practice. A site plan and other illustration drawn to scale shall be provided showing the lot or parcel on which the structure is to be erected, all structures on site, all structures within two hundred (200) feet of the site, all structural elements, and all other relevant information.
(p) Towers shall be inspected annually and maintained in a safe condition by the owner or operator. Such owner or operator shall notify the Planning and Zoning Administrator if requisite safety requirements are no longer being met and the steps being taken to remedy the situation. The owner or operator shall maintain inspection reports on file and a log of routine maintenance as well as work undertaken in response to inspection reports.
(q) The owner or operator of a wireless communications facility shall give notice to the Planning and Zoning Administrator when such equipment is no longer in use. Any such equipment no longer used for a continuous period of six (6) months or which no longer meets safety standards in the view of the Planning and Zoning Administrator shall be removed within sixty (60) days of written notice by the Municipality to do so. If not removed within such sixty (60) day period, the Municipality may remove it at the owner's expense.
(r) The following provisions shall apply to administrative review of applications to place, construct, or modify wireless communications facilities under this Section:
(1) Applications to place, construct, or modify wireless communications facilities will receive a decision within a reasonable period of time after the application is filed; one hundred fifty days for applications to install a new tower, and ninety days for collocation on an existing tower or antenna support structure, are presumed to be reasonable.
(2) The presumptive reasonable time for decision on an application as provided in 1193.05(r)(1) may be waived, tolled, or extended for a definite period of time by mutual agreement of authorized agents of the City and the applicant.
(3) The Planning and Zoning Commission, Landmarks Commission, Planning and Zoning Administrator, or other reviewing official, if denying an application to place, construct, or modify a wireless communications facility, will provide such decision to the applicant in writing. The decision shall be supported by substantial evidence contained in a written record, which shall be provided either in the same writing as the decision or essentially contemporaneously with the decision.
(s) Temporary wireless communications facilities may be approved by the Planning and Zoning Administrator for a period not to exceed thirty days. The Planning and Zoning Administrator may permit one thirty-day extension of the approval for a temporary facility. All temporary wireless communications facilities shall be subject to height and setback requirements of this Section; be accompanied by temporary screening to minimize visual impact on its surroundings; not emit noise audible from a distance of fifty feet or more from the property line or cause inconvenience or annoyance to persons of ordinary sensibilities; and comply with all federal, state, and local laws, rules, and regulations concerning operation of temporary wireless communications facilities.
(t) Nonconforming towers shall be permitted to continue their use as they exist as of the date of adoption or amendment of this Section. Routine maintenance of nonconforming towers is permitted. If the nonconforming tower is damaged or destroyed by forces outside the owner's control (force majeure), it may be replaced by a tower of like construction and height serving the same purpose without having to obtain zoning approval; it shall still be subject to all building, electrical, and similar permit requirements. Such re-construction must be completed within one year of the nonconforming tower's damage or destruction.
(Ord. 18-033. Passed 12-3-18.)