§ 155.404 LOCATION AND DESIGN REGULATIONS.
   A new small cell system is subject to design review and approval by staff. The design criteria required for the new small cell systems is determined by the type of location or zoning district in which the facility is to be located. The design review and approval process, including any public hearing, shall be compliant with commonwealth and federal law, including applicable FCC cell siting application shot clock approval timelines.
   (A)   Non-tower small cell system locations. A utility planning to locate an antenna or related equipment on existing telecommunications structures, water towers, buildings, utility poles (as defined by this regulation) or other existing structures shall file with the planning office its intent to do so, including the name and address of the utility, name of the owner of the structure, the latitude and longitude of the structure, and a description of the plan to locate the antenna or related equipment including a statement documenting that the new antenna or related equipment location does not change the height of the structure beyond the lower of 10 feet, or a 10% increase in height over the original height of the structure. These non-tower locations must adhere to all other applicable federal, state, and local zoning codes, building codes or permits.
   (B)   New small cell system and small cell tower locations. The regulations in this division apply to all new small cell system and small cell towers.
      (1)   Except when deployed in response to temporary service outages, as a result of emergencies, or at the request of first responders, temporary, mobile or wheeled cellular antenna towers shall not be permitted.
      (2)   New small cell towers shall not exceed the maximum building height for the zoning district (or adjacent zoning district if in right-of-way) within which they are located or 35-feet whichever is greater. A height that is in excess of what is permitted within the zoning district may be approved by staff if it integrates stealth technology that better meets the objectives of these regulations.
      (3)   New small cell towers shall be designed and constructed to accommodate a minimum of two service providers.
      (4)   New small cell towers may be located on public or private nonresidential land or within a public right-of-way provided it does not interfere with other utilities, functionality of sidewalks, visibility, or other matters of public safety.
      (5)   New small cell towers shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the stealth technology, such as a design intended to look like a streetlight pole.
      (6)   New small cell towers shall not include advertisements and may only display information required by a federal, state, or local agency. Such display shall not exceed one square foot in area, unless required by state or federal regulations, or unless a larger display is integral to the stealth technology. Such display shall not exceed the width of the pole, unless required by state or federal regulations or a wider sign is integral to the stealth technology, such as a design which integrates a decorative banner.
      (7)   If a new small cell tower is located in an area with primarily underground utilities, or where no adjacent overhead utility lines exist, it shall not utilize overhead utility lines.
      (8)   In instances where an antenna is proposed to be constructed within a historic or commercial district with established public or private design control measures, regulations in division (C) of this section, shall be followed. Efforts shall be made to adhere to any established design control measures or existing furnishing or fixture styles within the district. Where additional local design review processes exist, such as certificates of appropriateness, such approvals may be required.
   (C)   New small cell systems and small cell towers locations in residential zones. The regulations in this division apply to small cell systems small cell towers to be located within, or immediately adjacent to, residential zoning districts as defined in division (A) of this section.
      (1)   Facilities in residential areas are strongly encouraged to be non-tower wireless communication facilities, which are exempt from these regulations per division (A) of this section.
      (2)   New small cell towers and antenna or related equipment shall be camouflaged by stealth technology. Examples of appropriate stealth technology for residential areas includes, at a minimum, towers with all cables, wires, transmission equipment, electric meters, power equipment, etc. installed inside the small cell tower. Other types of stealth technology or other methods which will reduce the visual impact may be approved by staff.
      (3)   All poles and antennas shall be uniform grey or black in color, unless another color is integral to the stealth technology as approved by staff.
      (4)   The use of cooling fans is discouraged. When needed, fans with lower noise profiles must be used.
      (5)   New small cell towers should avoid areas without overhead utilities. If a small cell tower is located in an area with primarily underground utilities it must adhere to stealth technology that incorporates the telecommunications equipment into a streetscape amenity such as a decorative lamp post, streetlight or other approved design. In areas with overhead utilities, cylindrical antennas are required.
      (6)   In residential areas, a small cell tower shall not be located closer than the height of the proposed tower to an existing or proposed residential structure, or no closer than 30 feet, whichever is greater.
      (7)   Efforts should be made to locate new small cell towers in the yard location where other overhead utilities are located in the event that co-location has been demonstrated to be infeasible.
      (8)   New small cell towers within residential areas should be located to avoid obstructing the view of building facades by placing the tower at a corner, intersection or along a lot line.
      (9)   New small cell tower shall not be located within 500 feet of an existing small cell system tower. Multiple carriers are permitted and encouraged to locate on one tower, where possible.
   (D)   New small cell system and small cell tower locations in non-residential zones. The regulations in this division apply to towers to be located within non-residential zoning districts.
      (1)   In instances where a facility is proposed to be constructed in the right of way within 100 feet of a residential zone or use, even if the antenna's physical location is within a non-residential zone, regulations in division (C), shall be followed.
      (2)   Antennas in commercial, institutional, or park areas are encouraged to be installed as non-tower wireless communication facilities.
      (3)   Reasonable effort shall be given to locate new equipment based upon the following hierarchy of zones and land uses from the most to least preferred:
         (a)   Co-locate on an existing structure whenever possible.
         (b)   Institutional.
         (c)   Industrial.
         (d)   Commercial.
         (e)   Public parks.
         (f)   Agricultural.
      (4)   Equipment enclosures, including electric meters, should be nearly the same width as the pole or as small as possible. Ground mounted equipment boxes should be screened from view with shrubs or other appropriate screening as approved by staff.
      (5)   Shrouds, risers, and conduits shall be used to reduce the appearance of external cabling.
      (6)   All poles, antennas, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by staff.
      (7)   Cylindrical antennas shall be required, unless another antenna style is integral to the stealth technology as approved by staff.
      (8)   There shall be no more than a four inch offset between the pole and pole mounted equipment enclosures.
(Ord. 10-2021, passed 8-12-2021)