Commercial, public, and semi-public antennas, radio and television antennas, microwave and other wireless communication antennas, dish antennas, antenna support structures, and equipment structures, are permitted as primary or accessory uses, subject to Site Plan Review of Chapter 1141 under the following conditions:
(a) Antenna support structures with antenna may be located as follows:
(1) On property or existing buildings in any commercial or industrial zone where located not closer than 500 feet from any residential unit in any residential zone, subject to review by Council. Support structures shall be excluded from municipality park, cemetery, and museum property, provided that public communication structures qualifying as essential services as defined in this chapter shall not be so excluded.
(2) On property or existing buildings in any residential zone where located not less than 500 feet from any residential unit in any residential zone, subject to review by Council. Support structures shall be excluded from municipality park, cemetery, and museum property, provided that public communication structures qualifying as essential services as defined in this chapter shall not be so excluded.
(b) Antennas and antenna arrays, independent of antenna support structures normally accompanying their use, may be located as follows:
(1) On existing buildings or structures in commercial and industrial zones.
(2) In any zone on existing tall structures, excluding those provided for in § 1193.02 and 1193.03, such as communication towers, power transmission towers and poles, stadium and athletic field lighting standards, water storage tanks, street light standards along expressways and major and regional streets as defined by the municipality's thoroughfare plan, and on or within other similar tall structures as determined by the Planning and Zoning Administrator.
(c) Structures for housing of equipment required to operate an antenna, not higher than 12 feet above grade nor greater than 300 square feet in area, may be constructed in proximity to an antenna support structure or existing tall structure as accessory to each antenna array or user of an antenna support structure. A single, larger structure may be built for multiple users, provided that total floor area does not exceed 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, antenna support structures shall maintain a setback from the nearest property line a distance at least equal to the height of the structure, provided that a structure mounted on the roof of a building shall not be so restricted.
(e) Overall antenna height covered under this section shall be limited to not more than 150 feet above grade.
(f) Required submittals accompanying applications:
(1) Applicant must provide a written statement that the proposed antenna and antenna support is compliant with: antenna and antenna support structure site federal registration; maximum exposure to non-ionizing radiation and ionizing radiation standards, singly or as co-located, recertified biannually.
(2) Applicant must provide an analysis of the visual impact of the antenna support structure on the surrounding area. Such analysis shall include points-of-view renderings of the structure to scale in its proposed setting, with special attention to adjoining residential areas, including proposed landscaping to screen the structure base and accessory building.
(g) No placement of new antenna support structures shall be permitted unless Council finds credible evidence establishing to a reasonable certainty one or more of the following:
(1) No existing antenna support structure, tall structure or building is located in the area in which the applicant's equipment must be located, or
(2) No existing antenna support structure, tall structure or building 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, tall structure or building 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, tall structure or building are unreasonable relative to industry norms, or
(6) The applicant demonstrates that there are other factors that render existing antenna support structures, tall structures or buildings unsuitable or unavailable for co-location. The cost of eliminating impediments to co- location shall be deemed reasonable if it does not exceed by 25% of the cost of constructing a new antenna support structure on which to mount the applicant's equipment.
(h) If Council determines it necessary to consult with an expert in considering the factors listed in division (g) of this section, 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 Council 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 an antenna support structure so as to accommodate the co-location of at least three additional antenna arrays similar in size and function to that placed by the applicant. The additional co-location-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 an antenna support structure or which involves the installation of antenna equipment differing in size or function from that previously installed shall require the approval of Council.
(k) Additional approval by Council shall not be required for co-location on an existing antenna support structure, provided the co-located antenna array and equipment is similar in size and function to that installed by the applicant of the approved antenna support structure. Such co-location shall be subject to review and approval of the Planning and Zoning Administrator.
(l) No advertising or business signs shall be allowed on structures covered under this section.
(m) No signals, lights or illumination not required by the FCC, FAA, or municipality may be placed on structures covered by this section. Any such required signal or light shall be shielded to prevent downward transmission of light.
(n) Antenna support 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, 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 200 feet of the site, all structural elements, and all other relevant information.
(p) Antenna support structures 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 an antenna or antenna support structure 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 months or which no longer meets safety standards in the view of the Planning and Zoning Administrator shall be removed; it shall be removed within 60 calendar days of written notice by the municipality to do so. If not removed within such 60 calendar day period, the municipality may remove it at the owner's expense.
(Ord. 2020-10, passed 6-15-2020)