Commercial mobile radio and wireless telecommunications service facilities shall meet the following requirements, unless the facility is to be constructed and operated only for a temporary period, in which case section 12-8-11 of this Code applies.
A. General Requirements:
1. Application for the installation of a commercial mobile radio service facility, which for the purposes of this section shall include wireless telecommunications service facilities, shall be filed with the zoning administrator, on forms so provided, and in accordance with the requirements of section 12-3-1, "Applications and Hearings", of this title.
2. Eligible Facilities Requests:
a. Modifications to existing commercial mobile radio service facilities that are "eligible facilities requests" and do not substantially change the physical dimensions of the existing tower or base station, in accordance with and pursuant to the Spectrum Act, see Section 6409a of the Middle Class Tax Relief and Job Creation Act, USCS § 1455, are not subject to the location requirements, maximum height regulations, site plan review requirements, or conditional use permit requirements set forth in this section.
b. The Zoning Administrator will review a complete application for a modification to existing mobile radio service facilities claiming status as "eligible facilities requests" within 60 days of its submission. If the Zoning Administrator determines that the application qualifies as an "eligible facilities request" and does not substantially change the physical dimensions of the existing tower or base station, the Zoning Administrator may approve the application administratively, provided the application complies with the design criteria set forth in this section.
3. Commercial mobile radio service facilities and their associated accessory uses may be either freestanding, roof mounted, or building mounted. Commercial mobile radio service facilities may be permitted on a zoning lot as a secondary principal use. The primary principal use on the property must be in existence prior to the establishment of the commercial mobile radio service facility.
4. Commercial mobile radio service facilities permitted as of right by subsection G of this section, shall be subject to site plan review pursuant to section 12-3-2, "Site Plan Review", of this title.
5. Commercial mobile radio service facilities allowed conditionally by subsection G of this section, shall be subject to the requirements for conditional use permits as set forth in section 12-3-4, "Conditional Uses", of this title.
6. Where a commercial mobile radio service facility becomes abandoned, obsolescent, or ceases to be used, except in relation to acts of God, it shall be taken down and removed from the premises by the owner of the facility, or its agents, or the person having control of the premises on which the facility is located within six (6) months of a finding by the zoning administrator of its abandonment, obsolescence, or cessation of use.
B. Location Requirements:
1. No commercial mobile radio service facility shall be located in any required yard, nor shall a freestanding commercial mobile radio service facility be located within fifty feet (50') of any property boundary line.
2. A freestanding commercial mobile radio service facility shall be set back from any residential zoning district a distance equivalent to its height; provided however, that in no case shall a freestanding commercial mobile radio service facility be located closer than one hundred feet (100') from any residential district.
3. Freestanding commercial mobile radio service facilities and their related accessory structures when located on a site as a secondary principal use shall be located behind the rear of the structure housing the primary principal use. Vehicle access to the tower and related accessory structure shall not interfere with the parking or vehicular circulation provided for the primary principal use.
C. Collocation:
1. The city encourages collocation of commercial mobile radio service facilities on existing or planned commercial mobile radio service facilities in order to achieve the most efficient use of land within the community. Therefore, owners, lessees, or employees thereof shall cooperate in good faith with other wireless communication providers to achieve the collocation of commercial mobile radio service facilities.
2. Where collocation is not utilized in establishing a commercial mobile radio service facility, an applicant shall be required to demonstrate that the proposed site is of practical necessity and that an existing facility is either unavailable or cannot provide the necessary coverage over the proposed service area.
D. Design Criteria:
1. Commercial mobile radio service facilities may be either freestanding, roof mounted, or building mounted. For the purposes of this section, the location of a commercial mobile radio service facility on municipal water towers shall be allowed and considered to fall in the category of roof mounted facilities, however, the commercial mobile radio service facility may not extend more than ten feet (10') above the top of the municipal water tower.
2. Commercial mobile radio service facilities shall be designed to be compatible with neighboring buildings and uses. Efforts shall be taken when locating commercial mobile radio service facilities to preserve or enhance the existing character of a site's topography and vegetation.
3. Commercial mobile radio service facilities shall be painted to blend or match with a host building or the environment. The facility shall be of a single color, having a flat, matte, nongloss, nonfluorescent finish. The color scheme for the facility shall be subject to the approval of the zoning administrator.
4. Screening techniques such as landscaping, berming, screening, and fencing shall be incorporated into each site as deemed appropriate.
5. No advertising, logos, or corporate symbols shall be permitted on any commercial mobile radio service facility or any building or structure accessory thereto.
E. Construction Requirements:
1. Applications for the installation of commercial mobile radio service facilities shall be required to include documentation that the facility is designed in accordance with the city's building code, in addition to all state and federal laws and regulations concerning aviation safety. Applications for modifications to existing commercial mobile radio service facilities that are "eligible facilities requests" pursuant to the Spectrum Act, see Section 6409a of the Middle Class Tax Relief and Job Creation Act, USCS § 1455, must submit sufficient information and documentation to demonstrate that the request is an "eligible facilities request" and the proposed facilities do not result in a substantial change to the physical dimensions of the existing tower or base station, in accordance with the Spectrum Act.
2. Every commercial mobile radio service facility shall be fully automated. No employee of the communication provider shall be stationed at the site, except for the completion of periodic maintenance.
3. Every application for the installation of commercial mobile radio service facility shall include documentation that the owner of the property has granted, by agreement, use of the property for the proposed facility.
4. Buildings or structures accessory to commercial mobile radio service facilities shall be compatible with the surrounding built or natural environment. An accessory building or structure shall not exceed a height of fifteen feet (15'), nor exceed a size of four hundred fifty (450) square feet.
5. Where a freestanding commercial mobile radio service facility is located on a site as a principal use or a secondary principal use, a fence of eight feet (8') in height shall be required to encompass the freestanding tower and any associated accessory building or structure.
F. Height Requirements: Commercial mobile radio service facilities shall be exempt from the height requirements set forth in each district established under chapter 7, "Districts", of this title. Maximum height requirements for commercial mobile radio service facilities shall be as follows:
Type Of Structure | Height |
Freestanding facilities | 100 feet in the manufacturing districts and 50 feet in the commercial districts2 |
Roof or building mounted | 15 feet above the existing height of the building or structure1, 2 |
Note:
1. For municipal water towers see subsection D1 of this section.
2. The maximum height requirements do not apply to modifications to existing commercial mobile radio service facilities that qualify as "eligible facility requests" and do not result in a substantial change to the dimensions of the tower or base station, pursuant to and in accordance with the Spectrum Act, see Section 6409a of the Middle Class Tax Relief and Job Creation Act, USCS § 1455.
G. District Requirements: The following districts shall allow for commercial mobile radio service facilities1, 2:
Location Of Tower | Type Of Structure | |||
Districts | Freestanding | Freestanding (Secondary Principal Use) | Roof Or Building Mounted | |
Location Of Tower | Type Of Structure | |||
Districts | Freestanding | Freestanding (Secondary Principal Use) | Roof Or Building Mounted | |
Residential: | ||||
R-4 central core residential | - | - | C | |
Commercial: | ||||
C-1 neighborhood shopping | - | - | C | |
C-2 limited office commercial | - | C | C | |
C-3 general commercial | - | C | P | |
C-4 regional shopping | - | C | P | |
C-5 central business | - | - | P | |
Manufacturing: | ||||
M-1 limited manufacturing | C | P | P | |
M-2 general manufacturing | C | P | P | |
M-3 special manufacturing | C | P | P | |
Special: | ||||
I-1 institutional | - | C | P | |
P Permitted as of right, subject to site plan review (section 12-3-2, "Site Plan Review", of this title). 1, 2 C Conditionally allowed, subject to a conditional use permit (section 12-3-4, "Conditional Uses", of this title). 1, 2 | ||||
Note:
1. The Zoning Administrator may administratively approve modifications to existing mobile radio service facilities with an approved conditional use permit that qualify as "eligible facilities requests" and do not result in a substantial change to the dimensions of the tower or base station, pursuant to, and in accordance with, the Spectrum Act, see Section 6409a of the Middle Class Tax Relief and Job Creation Act, USCS § 1455.
2. Modifications to existing mobile radio service facilities permitted as of right that qualify as "eligible facilities requests" and do not result in a substantial change to the dimensions of the tower or base station, pursuant to and in accordance with, the Spectrum Act, see Section 6409a of the Middle Class Tax Relief and Job Creation Act, USCS § 1455, are not required to obtain site plan approval.
(Ord. Z-8-98, 9-21-1998; amd. Ord. Z-38-22, 12-29-2022; Ord. Z-8-23, 5-1-2023)