The following requirements and regulations shall apply to all wireless telecommunications facilities located in the City:
(a) Wireless telecommunications facilities to be used to support antennae for use in the provision of cellular telephone, personal communication services, specialized mobile radio, AM and FM radio, microwave and television systems, common carriers and other like distribution systems may be erected above the height limit specified in the Zoning District in which the facility is to be located provided:
(1) The wireless telecommunications tower shall be of monopole or lattice construction;
(2) The wireless telecommunications tower shall not require any guy wires;
(3) The wireless telecommunications tower shall not exceed two hundred feet in height from finished grade to the uppermost point of the tower or of any antennae or lightning rod attached thereto;
(Ord. 97-3. Passed 5-5-97.)
(4) The minimum setback of the wireless telecommunications tower from the nearest residential use or district and from nearest use set forth in Section 1113.02(a)(4) or those accessory uses set forth in Section 1113.02(b)(4) shall be a distance equal to the height of the tower. As used herein, "setback" means the distance from the property line to the nearest part of the tower; (Ord. 99-114. Passed 4-16-01.)
(5) The minimum setback of the wireless telecommunications tower from any use or district other than as set forth in subsection (a)(4) hereof shall be a distance equal to the height of the tower provided that the planning and design commission may modify the setback required herein under such terms and conditions as it determines will protect the public interest where it finds based upon the factual evidence presented that such modification will maintain an appropriate balance between the aesthetics of the City and the need for wireless telecommunications facilities and applicable united states law with due consideration to the population density of the City, the topography of the proposed location and, when possible, will increase the setback set forth in subsection (a)(4) hereof. As used herein, "setback" means the distance from the property line to the nearest part of the tower;
(6) Security fencing eight feet in height shall surround the wireless telecommunications tower and the wireless telecommunications equipment shelter either completely or individually as determined by the Planning and Design Commission;
(7) A comprehensive landscape plan of evergreen hedges or evergreen shrubs to be planted around the security fencing as approved by the Planning and Design Commission is provided to minimize the visual impact at base elevation with existing trees and shrubs to be preserved to the maximum extent possible;
(8) The wireless telecommunications tower shall be painted a non-contrasting gray or similar color approved by the Planning and Design Commission, unless otherwise specifically required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA);
(9) No advertising is permitted on or at the facility; and
(Ord. 97-3. Passed 5-5-97.)
(10) No wireless telecommunication tower under one hundred feet from finished grade shall be lighted except when required by the Chief of Police to assure safety or as required by the FAA. Any such tower between one hundred feet and two hundred feet from finished grade shall have such safety marking and obstruction lighting as prescribed by the FAA or the Chief of Police. Security lighting around the wireless telecommunications equipment shelter is permitted.
(Ord. 98-44. Passed 10-5-98.)
(b) Equipment, mobile or immobile, shall not be stored or parked on or at the site except in connection with the repair or maintenance of the wireless telecommunications facility.
(c) No employees shall be employed on a regular basis at the wireless telecommunications facility installation site; shall visit the facility only for periodic and necessary maintenance or during an emergency, and such facility shall be fully automated and unattended on a daily basis.
(d) All applicable FAA and FCC requirements and regulations are met and written evidence of such is provided to the Planning and Design Commission prior to its approval.
Written evidence of legal access to the wireless telecommunications facility site facility shall be provided by the applicant to the Planning and Design Commission which legal access shall be maintained in perpetuity regardless of any other development that may take place on the site.
(e) A telephone number shall be prominently displayed and maintained at the wireless telecommunication facility of whom is to be contacted in the event of an emergency and shall also be provided to the Mayor, the Building Commissioner, and the Police and Fire Departments of the City.
(f) Any wireless telecommunications equipment shelter shall not exceed two hundred fifty square feet in area and the total square feet of area of all such shelters for any wireless telecommunications facility shall not exceed seven hundred fifty square feet in area. Any such shelter shall not exceed twelve feet in height above finished grade and shall in every instance comply with the yard regulations applicable to the specific zoning district in which the wireless telecommunications equipment shelter is to be located.
(Ord. 97-3. Passed 5-5-97.)