(a) General Regulations. The following provisions apply to communication towers used in radio, satellite dish, telephone, microwave or other wavelength communication for transmission, receiving or relay.
(1) Permitted in Planned Industrial District, (PID), Planned Commercial District, (PCD), and a Conditional Use in Community Service District, (CSD);
(2) Sited so that all reasonable alternatives for tower placement have been clearly and convincingly demonstrated so that the installation will minimize both the visual intrusion of the tower and the potential safety risks associated with the presence and operation of the tower;
(3) Shared with other users to minimize the number of towers within the Municipality;
(4) Detailed in a site plan to include complete structure elevations and a perspective view showing the tower from all property lines or lot lines adjacent to the proposed site;
(5) Located to minimize the visual impact at base elevation of the proposed structure by a comprehensive landscape plan;
(6) The installation shall be 500 feet from the nearest residential use or district;
(7) Maximum height of towers (that is, the height to the top of the tower, including all attachments or extensions), shall be limited to 100 feet from grade. This height limit applies whether the tower is attached to the ground or mounted on another structure.
(8) Minimum setback from all property lines shall be a distance equal to the height of the tower. Setback shall be defined as the distance from the property line to the nearest portion of the structure;
(9) Underground wiring to the site and from the tower to any service or ancillary structures shall be required;
(10) Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation;
(11) No employees shall be employed on a regular basis at the installation site;
(12) Towers shall be kept in a state of good repair;
(13) Obsolete or unused facilities shall be removed within twelve months of ceasing operation;
(14) No supporting wires or cables shall encroach upon any minimum setback requirements and shall be completely encircled at the point of attachment to the ground with sufficient fencing and/ or plantings of sufficient density and height to prevent any individual who may for any reason be in the area from coming into contact with any such supporting wires or cables.
(b) Exemptions.
(1) Ham radio installations and systems are, in light of the public safety and emergency services provided, considered to be unique. Regulation, including the regulation of antenna necessary to the operation of such systems, must, in light of federal preemption, constitute the minimum practicable regulation to accomplish legitimate local purpose. In providing reasonable accommodation to such systems, Ham radio antenna and/or towers are permitted in all districts as follows:
A. In those systems where the roof mounted antenna does not extend more than fifteen feet above the highest point of the roof line or where the tower is attached to the rear of the primary structure and does not exceed fifty feet in height as measured from grade, no application, review or permit is required for such antenna or tower. The requirements of Section 1191.04 (a) (1),(2),(4),(6),(7) and (8) must be met;
B. In those systems where the roof mounted antenna extends more than fifteen feet above the highest point of the roof line or where the tower is not attached to the rear of the primary structure or where the tower exceeds fifty feet in height as measured from grade but does not exceed seventy feet in height as measured from grade application, review and permitting as set forth in Section 1191.03(a), (b) and (c) is required. In submitting an application pursuant to this subsection, the applicant should include all available information regarding the technical performance requirements of the system proposed . The Zoning Inspector shall fully consider the operational requirements of the system as proposed in applying the minimum practicable regulation which reasonably accommodates the system requirements. In this regard the Zoning Inspector may seek the assistance of such professionals familiar with such systems as is necessary and appropriate under the circumstances. The requirements of Section 1191.04(a) (1),(2),(4),(5),(6),(7)and (8) as well as those of Section 1191.05(a)(2),(8) and (14) must be met;
C. All systems must meet all FAA and FCC requirements and building and electrical permit requirements.
D. Towers in excess of seventy feet in height are prohibited in all residential districts. In all other districts, and notwithstanding the exclusion set forth in Section 1191.02 (a), towers in excess of seventy feet are defined as communication towers and regulated accordingly. (Ord. 08-96. Passed 6-19-96; Ord. 11-2018. Passed 10-3-18.)
SMALL CELL FACILITIES AND WIRELESS SUPPORT STRUCTURES WITHIN THE RIGHT-OF-WAY