(a) Wireless telecommunications facilities that include towers are not permitted in single-family or two-family residential districts with the exception of the selected conditional uses outlined in subsections (c) and (d) below (e.g. U8 Special Uses), and as outlined in subsections (e) and (f) below (e.g. antennas or towers attached to existing buildings or structures or constructed in open space).
(b) In applying for a conditional use permit in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone. Once those efforts have been exhausted, a wireless telecommunications facility may be located in a residential district subject to the following conditions:
(c) Located on a Special Use Property. A tower to support an antenna may be constructed on a property with the following U8 Special Use designation: park, library, hospital, municipal or governmental building, facility or structure, agricultural use and utility use subject to the following conditions:
(1) The tower shall not be constructed on a property used for a school, day care, nursing home, church or place of public assembly.
(2) The tower shall be set back from any property line abutting a single family, two-family, or other residential lot by 350 feet.
(3) The maximum height of the tower shall be 200 feet, including the uppermost of any antenna; except that the height from the base of such structure either attached or detached from its foundation, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line, with equipment shelters to be a maximum height of thirty-five feet.
(4) The maximum size of the equipment shelter shall be 300 square feet.
(5) Vehicular access to the tower and equipment shelter shall whenever feasible, be provided along the circulation driveways of the existing use.
(d) Combined With Special Use. An antenna may be attached to a building or a structure that has a U8 Special Use designation in the district; including but not limited to, a park, library, hospital, municipal or governmental building, facility or structure, agricultural use or structure owned by a utility, provided that the following conditions shall be met:
(1) The maximum height of the antenna shall be twenty feet or not above the existing building, structure, or tower by twenty percent (20%) of the existing building's, structure's or tower's height, whichever is greater.
(2) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, in, or attached to the existing building), the shelter shall comply with the following:
A. The minimum setback requirements for the subject zoning district.
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one facility or antenna, a total of 750 square feet.
(e) Located in Open Space. A tower to support an antenna may be constructed on a property that is permitted on land that has been established as permanent open space, or a park subject to the following conditions:
(1) The tower shall be set back from any property line abutting a single family, two-family, or other residential lot by 350 feet.
(2) The maximum height of the tower shall be 200 feet, including the uppermost of any antenna; except that the height from the base of such structure either attached or detached from its foundation, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line, with equipment shelters to be a maximum height of thirty-five feet.
(3) The maximum size of the equipment shelter shall be 300 square feet.
(4) Vehicular access to the tower and equipment shelter shall whenever feasible, be provided along the circulation driveways of the existing use.
(5) The open space shall be owned by the Municipality, County, or State government, a homeowner's association, charitable organization or a private, non-profit conservation organization.
(f) Combined with Certain Residential Buildings. An antenna for a wireless telecommunications facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions:
(1) The maximum height of the antenna shall be ten feet.
(2) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, in, or attached to the existing building), the shelter shall comply with the following:
A. The minimum setback requirements for the subject zoning district.
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one facility or antenna, a total of 750 square feet.
(Ord. 50-1998. Passed 6-2-98.)