(A) Any building or structure that exceeds 65 feet in height, measured from the ground to its highest point, shall be required to obtain a special use permit from the City Council.
(B) This provision removes Section 302, Accessory Uses, Item B Accessory Use Conditions,2a.3), Section 804, Principal Use Antenna and Antenna Supporting Structures, Section 1504.C. Use Conditions for New Antennas and Antenna Supporting Structures on Pre-existing Facilities, from the City of Claremore-Rogers County Metropolitan Zoning Ordinance, No. 2000-15.
(C) Accessory antenna and antenna supporting structures in agriculture zoning districts shall read:
(1) Antennas and antenna supporting structures which are accessory to a principal use are permitted to be mounted on a permitted agriculture building or a customary accessory building as follows:
(a) Provided that it does not exceed 65 feet in height measured from the average ground elevation at the base of such building to the highest horizontal point of the accessory antenna or antenna supporting structure; and
(b) The surface area of all such mounted antennas shall not exceed ten square feet. Only one side which has the largest surface area is to be measured.
(c) These provisions do not apply to principal use antennas or to antennas which are accessory to uses requiring City Council approval.
(2) Structures other than a permitted principal structure or customary accessory building which are used to support accessory antennas (including guy lines) shall:
(a) Be limited to one such structure;
(b) Be located in the rear yard only;
(c) Not exceed 65 feet in height, measured from the average ground elevation at the base of the structure to the highest horizontal point of the antenna and or antenna supporting structure;
(d) Not encroach upon the land or airspace of any abutting property; and
(e) Not exceed 24 inches in width above 25 feet in height, exclusive of guy lines.
(D) Principal use antennas and antenna supporting structures in industrial districts shall read:
(1) Principal Use. A principal use antenna and antenna supporting structure may be allowed by right in an industrial district. However, the proposer of the facility shall demonstrate with the required permit application that the facility complies with the application and use standards specified below. In all other cases, the facilities shall be subject to the requirements for approval by the City Council.
(2) Use conditions.
(a) The antenna and antenna supporting structure shall be setback from an AG or R district a distance equal to 110% of its height. The maximum permitted height of such facility is 65 feet for incorporated areas.
(b) Unless required by the Federal Aviation Administration, it shall not be lighted by any continuous, blinking or strobe lighting.
(c) The antenna support structure shall be of monopole design.
(d) The site shall be buffered with landscaping and vegetative or other screening to mitigate the operation and visual impacts of such uses on abutting and adjacent uses.
(e) Cessation of operation.
(f) If operation and use of such facilities ceases for a period of 180 days antenna and antenna supporting structure shall be removed by the owner at the owner's expense or be subject to removal by the city, at the owner's expense.
An exception may be made to the removal requirement if approval by the City Council is sought and received within 60 days of the expiration of the 180 day period.
(3) Change or modification of operation. If changes occur in the operation of the facility that cause such operation to no longer be in accordance with this section:
(a) Operators of such facilities shall give the City Council 30 day's prior written notice of any change or modification. Notice shall include detailed information relative to the nature of all such changes.
(b) Any such changes that take the antenna and antenna supporting device out of compliance with this section shall cause the approval to be revoked. Should this occur, application shall be made to the City Council for a special use permit.
(4) Application and certification. The following shall be submitted with the permit application:
(a) Certification from a professional engineer licensed to practice in the State of Oklahoma shall be submitted which states that the antenna and antenna supporting structure is designed in such a manner:
1. To accommodate the colocation of a minimum of two wireless telecommunication systems providers;
2. To meet the standards of the American National Standards Institute and the Electronic Industries Association; and
3. To be in compliance with the standards of the Federal Communications Commission and the Federal Aviation Administration.
(b) Written evidence shall be presented which states that the new facility is not closer than 1/4 mile from any existing such site or site for which an application is pending on which colocation space is reasonably available.
(c) Additional certification from the engineer is required upon completion of construction which states that the antenna and antenna supporting structure have been constructed in accordance with the plans as approved by the city.
(5) Use conditions for new antennas and antenna supporting structures on pre-existing facilities shall be as follows:
(a) The installation of new antennas and antenna supporting structures on existing facilities which predate this code and have otherwise been approved as a special use permit by the city may be permitted by right, upon the certification of a professional licensed to practice in the State of Oklahoma, that the existing structure will accommodate the new user without requiring structural modification and otherwise obtaining the required permits. Excluding the requirement for obtaining approval of a special use permit from the City Council.
(b) The installation of antennas and antenna supporting structures, shall require approval of an application to the City Council for a special use permit. Such application shall include a site plan showing all proposed improvements and a scale drawing which displays the location of all existing such sites and sites on which applications are pending with the city or county for antennas and antenna supporting structures within a 1/4 mile radius of the site proposed in the application.
(6) In order to obtain approval of a special use permit for an antenna and antenna supporting structure, the City Council shall require, subject to modification and additional requirements as deemed necessary by the Council as a part of the review process, that the antenna and antenna supporting structure satisfy the following:
(a) Written evidence shall be presented to the city by the proposer of such facility that the new facility is not closer than 1/4 mile from any existing such site or site for which an application is pending with the city on which colocation space is reasonably available.
(b) Shall be setback from an abutting AG, or R District boundary 110% of its height as measured at grade and in no case exceed a maximum of 65 feet tall.
(c) Shall be subject to initial and continuing compliance with all other applicable local state and federal codes and standards for operation of that particular facility. These requirements shall include but are not limited to Federal Aviation Administration, Federal Communications Commission, Electronic Industries Association, and the American National Standards Institute.
(d) Shall be buffered with landscaping and vegetative or other screening to mitigate the operational and visual impact of such uses on abutting and adjacent uses.
(e) If the operation and use of such facilities ceases for a period of 180 days, unless or except said local approvals are again given within 60 days of the expiration of the 180 day period, it shall be removed by the owner at the owner's cost or be subject to removal by the city at the owner's cost.
(f) It shall be designed and constructed in such a manner as to accommodate the colocation of a minimum of two wireless telecommunication system providers unless it can be demonstrated by the applicant to the satisfaction of the City Council such collocation was not technically feasible or that it would unreasonably impede or otherwise impair the operation of the initial or subsequently located facilities.
(g) If colocation is determined by the City Council to unreasonably impede or impair the operation of the proposed facility, a minimum spacing of 1/4 mile from other such facilities must be met.
(h) The antenna shall be of monopole design if located within the incorporated area or within 300 feet of the incorporated area boundary.
(i) Certification from a professional engineer licensed to practice in the State of Oklahoma shall be submitted which states that:
1. The antenna and antenna supporting structure is designed in such a manner as to accommodate the collocation of a minimum of two wireless telecommunication systems providers;
2. That the antenna and antenna supporting structure meets the standards of the American National Standards Institute and the Electronic Industries Association; and
3. Further certification from such an engineer shall be required upon completion of construction and prior to commencement of operation, that the antenna and antenna supporting structure has, in fact, been constructed in accordance with the plans as approved by the city.
(j) Written evidence of compliance with the standards of the Federal Communications Commission and the Federal Aviation Administration.
(k) Modification of operation.
1. Operators of such facility shall give the zoning officer 30 day’s prior written notice of any change or modification in the operation of the facility that would cause the facility to no longer be in compliance with the conditions of approval granted by the City Council.
2. Said notice shall include detailed information about the nature of all such changes; and
3. Such changes shall cause the approval of the special use permit to be revoked and become the basis for requiring submission of a new application if the operation is to continue.
(l) Regardless of the preceding sections, upon obtaining approval for colocation of a specified number of users on a particular facility by a special use permit from the City Council, subsequent users up to the specified number may be permitted by right upon demonstrating compliance with all conditions of the original approval.
(Ord. 2007-14, passed 7-16-07)