§ 153.1378 WIRELESS COMMUNICATIONS FACILITIES.

(2) Minimize the impacts of wireless communications facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;

(3) Encourage the location and collocation of wireless communications equipment on existing structures, thereby minimizing visual, aesthetic and public safety impacts and effects upon the natural environment and wildlife, and reducing the need for additional antenna supporting structures;

(4) Accommodate the growing need and demand for wireless communications services;

(5) Encourage coordination between providers of wireless communications services in the city;

(6) Protect the character, scale, stability and aesthetic quality of the residential districts of the city by imposing certain reasonable restrictions on the placement of certain amateur radio facilities;

(7) Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as to not unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the city;

(8) Establish predictable and balanced regulations governing the construction and location of wireless communications facilities within the confines of permissible local regulation;

(9) Establish review procedures to ensure that applications for wireless communications facilities are reviewed and acted upon within a reasonable period of time;

(10) Provide for the removal of discontinued antenna supporting structures; and

(11) Provide for the replacement or removal of non-conforming antenna supporting structures.

(B) Applicability.

(1) Except as provided in subsection (B)(2) below, this section will apply to the installation, construction, or modification of the following wireless communications facilities:

(a) Existing and proposed antenna supporting structures;

(b) Replacement antenna supporting structures;

(d) Collocated and combined antennas on existing antenna supporting structures;

(e) Roof-mounted antenna supporting structures;

(f) Surface-mounted antennas;

(g) Stealth wireless communications facilities; and

(h) Amateur radio antennas with an overall height of greater than 50 feet.

(2) The following items are exempt from the provisions of this section:

(a) Amateur radio antenna with an overall height of 50 feet or less; however, any such structure may be developed only in accordance with the provisions of § 153.1373 of this chapter;

(b) Satellite earth stations; however, satellite earth stations may be developed only in accordance with § 153.1373 of this chapter;

(c) Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility;

(d) Any existing or proposed antenna supporting structure with an overall height of 35 feet or less; except that, those proposed within an outer island’s future land-use district are not exempt from the provisions of this section;

(e) Any wireless communications facility erected as a temporary use and that receives a temporary use permit pursuant to the provisions of § 153.1376 of this chapter;

(f) Any wireless communications facility that is not visible from the exterior of the building or structure in which it is mounted; and

(g) Wireless communications facilities erected upon the declaration of a state of emergency by a federal, state or city. However, no wireless communications facility will be exempt pursuant to this subsection (B)(2)(g) unless a written determination of public necessity for the facility is made by the Police Chief and submitted to the City Manager. No wireless communications facility will be exempt from the provisions of this section beyond the duration of the state of emergency, and such facility must be removed or approved pursuant to this division within 90 days of the termination of the state of emergency.

(1) Except as provided in subsections (C)(2) through (C)(4) below, no wireless communications facility is permitted, except in accordance with the development review process as indicated in Table 153.1378(A) below, based on the applicable zoning district and height of the proposed facility. Regardless of the development review process required, the applicant must comply with all applicable submission, procedural and substantive provisions of the UDC.

(2) Broadcast antenna supporting structures are only permitted within the “RP” (Resource Protection) Zoning District. However, broadcast studios are not allowed in the “RP” District.

(3) All collocations and roof- and surface-mounted facilities are subject to administrative approval as set forth in subsection (D) below.

(4) Within the outer island future land-use districts, wireless communications facilities will be allowed only as a CUP.

Table 153.1378(A): Telecommunications Facility Height and Procedures
Zoning District	Height of Proposed Facility
	36 to 50 Feet	51 to 75 Feet	76 to 100 Feet	100 or More Feet
“RP” (Resource Protection)	Zoning certificate	Conditional use permit (CUP)	CUP	CUP
“RE” (Residential Estate)
“AO” (Airport Overlay)	Zoning certificate	Zoning certificate	CUP	Prohibited
“CN” (Commercial Neighborhood)	Zoning certificate	Zoning certificate	CUP	Prohibited
“CG” (Commercial General)
“CL” (Commercial Large-Scale)
“D” (Downtown)
“IL” (Industrial Light)	Zoning certificate	Zoning certificate	CUP	CUP
“IH” (Industrial Heavy)
“NS” (Neighborhood Suburban)	Zoning certificate	CUP	CUP	Prohibited
“NU” (Neighborhood Urban)
“PD” (Planned Development)
“MX” (Mixed Use)

Table 153.1378(B): Telecommunications Facility Submittal Requirements
Antenna Supporting	Collocations	Roof- Mounted	Surface-Mounted	Stealth Facilities	Required Submissions
					A complete application on a form provided by the Department.
					A signed statement from the facility’s owner or owner’s agent stating that the radio frequency emissions comply with Federal Communications Commission (FCC) standards for such emissions.
					Proof that the proposed wireless communications facility has been designed to withstand sustained winds of 110 mph and a 15-second wind gust of 130 mph. Proof that the proposed antenna supporting structure has been designed so that, in the event of structural failure, the facility will collapse within the boundaries of the lot on which it is located.
					A license (and for broadcast structures, a construction development approval) issued by the FCC to transmit radio signals in the city.
					The name, address and telephone contact information for the owner of any proposed or existing antenna supporting structure, and a statement that such information will be updated annually or upon a change of ownership after the application is approved.
					A statement of the height above sea level of the highest point of the proposed facility.
					A stamped or sealed structural analysis of the proposed wireless communications facility prepared by a professional engineer, indicating the proposed and future loading capacity of the facility.
					1 original and 2 copies of a survey of the lot completed by a registered land surveyor that shows all existing uses, structures and improvements.
					Photo-simulated postconstruction renderings of the proposed wireless communications facility, equipment enclosures and ancillary appurtenances as they would look after construction from locations to be determined by the participants during the required pre-application conference.
					Proof of Federal Aviation Administration compliance with Subpart C of the Federal Aviation Regulations Part 77, “Objects Affecting Navigable Airspace”.
					Shared use plan.
					If required by the United States Fish and Wildlife Service, a letter indicating that the proposed antenna supporting structure and appurtenances are in compliance with all applicable federal rules and regulations.
					Existing wireless communications facilities to which the proposed facility will be a hand-off candidate, including latitude, longitude and power levels of each.
					A graphical representation, and an accompanying statement, of the coverage area planned for the cell to be served by the proposed facility.
					A graphical representation, and an accompanying statement, of the search area used to locate the proposed facility.
					A radio frequency plot indicating the coverage of existing wireless communications sites, and that of the proposed site sufficient to demonstrate geographic search area, coverage prediction and design radius.
					A statement by a qualified professional engineer specifying the design structural failure modes of the proposed facility.
					Antenna heights and power levels of the proposed facility and all other facilities on the subject property.
NOTES TO TABLE: The letter of consent will be issued unless the airport authority documents air obstruction hazards that would by the proposed be created facility.

(D) Development review process.

(1) Administrative approval.

(a) Where, pursuant to subsection (C) above, administrative review is required, the application will be reviewed for compliance with this chapter by the Code Enforcement Officer, who will render a final decision of approval, denial or approval with conditions. Within 30 days of the Code Enforcement Officer’s decision, appeal may be made to the Board of Adjustment pursuant to Divisions 7, 8, 9 and 10 of this chapter.

(b) When circumstances so warrant, the Code Enforcement Officer may determine that administrative approval is not appropriate and that the applicant must instead apply for a CUP. Such circumstances may include the complexity of technical issues involved, previous denials of similar wireless communications facilities in the vicinity of the one proposed, significant public opposition to the proposed facility, the presence of environmentally sensitive lands on or near the proposed facility, and similar circumstances.

(2) Conditional use permit. Where, pursuant to subsection (C) above, a CUP is required, the application will be reviewed as provided in Divisions 7, 8, 9 and 10 and this section. If the CUP is not approved, approved with conditions or denied within 30 days after the submittal of a complete application, the application shall be deemed approved. The applicant may agree to an extension of this time limit. Within 30 days of the decision, an appeal may be made to the Board of Adjustment.

(3) Final decision. Any decision by the city to deny an application for a proposed wireless communications facility must be in writing and supported by substantial evidence contained in a written record.

(E) Submission requirements.

(1) In addition to the submissions required for a zoning certificate, the requirements as indicated in Table 153.1378(A) above must be provided with an application for any wireless communications facility. The application must be signed by the property owner, the applicant and a provider who will be placing antennas on the proposed wireless communications facility.

(2) The Code Enforcement Officer may modify the submission requirements where it is determined that certain information is not required or useful in determining compliance with the provisions of the UDC. A decision to modify certain submission requirements must be in writing and made a part of the application file.

(3) If the property owner is not a provider, the application must include a copy of an executed lease agreement between the applicant or property owner and a provider or, where no lease agreement has been executed, an affidavit signed by a carrier attesting to an intent to place antennas on the wireless communications facility if the application is approved.

(F) Standards. The standards for the establishment of all proposed wireless communications facilities are as indicated by type of facility in subsections (G) through (K) below. Where overall height requirements set forth herein conflict with those set forth in the applicable zoning district, those set forth herein.

(G) Antenna supporting structures.

(1) Setbacks.

(a) Antenna supporting structures, equipment enclosures and ancillary appurtenances must meet the minimum setback requirements for the zoning district in which they are proposed.

(b) Antenna supporting structures must be set back a distance equal to their overall height from the lot line of any lot that contains a residential use or that is within a residential zoning district; however, guy-wire anchors need only comply with the provisions of subsection (G)(1)(a) above.

(c) If more than one of the above setback requirements applies to an antenna supporting structure, the more restrictive requirement will govern. In accordance with the development review process set forth in subsection (D) above, setback requirements for replacement antenna supporting structures may be reduced by an amount not to exceed 50% of that required by this chapter, but in no case may a replacement structure be placed any closer to a lot line than the antenna supporting structure it is replacing. No waiver will be granted pursuant to this subsection (G)(1)(c) unless the applicant demonstrates that the existing structure cannot be replaced in compliance with this chapter without a waiver.

(2) Height.

(a) The overall height of any antenna supporting structure may not exceed 149 feet, except as provided in subsections (G)(2)(b)1. and (G)(2)(b)2. below.

(b) Proposed broadcast antenna supporting structures that have received a construction development approval from the Federal Communications Commission may be constructed in accordance with the following:

1. AM broadcast antenna supporting structures may not exceed 250 feet in overall height; and

2. Except as provided in subsection (G)(2)(b)1. above, the overall height of a broadcast antenna supporting structure may not exceed 500 feet.

(c) Within the outer island’s future land-use districts, no antenna supporting structure may exceed 35 feet in overall height.

(3) Construction. Antenna supporting structures must have a monopole-type construction only, except as follows:

(a) Broadcast structures with an overall height of greater than 200 feet may have a lattice-type construction;

(b) Amateur radio antennas may have a monopole-, lattice- or guyed-type construction; and

(4) Location and placement. Within the density reduction/ground water resource future land-use districts, wireless communications facilities will be allowed only on existing utility poles within a right-of-way or ingress/egress or access easement.

(5) Lighting.

(a) No lights, signals or other illumination will be permitted on any antenna supporting structure or ancillary appurtenances unless the applicant demonstrates that lighting is required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

(b) Site lighting may be placed in association with an approved equipment enclosure but must be shielded to prevent light trespass. Site lighting must remain unlit, except when authorized personnel are present.

(6) Intensity requirements. The floor area for a wireless communications facility will be calculated based on the total square footage of all equipment enclosures associated with the facility.

(7) Accommodation of future collocations.

(a) Antenna supporting structures must be designed to accommodate future collocations. The exact amount of additional equipment to be accommodated will be agreed upon during the pre- application conference.

(b) As a condition of approval under this section, the applicant must submit a shared use plan that commits the owner of the proposed antenna supporting structure to accommodate future collocations where reasonable and feasible in light of the criteria set forth in this section.

(8) Proliferation minimized.

(a) Generally. No antenna supporting structure will be permitted unless the applicant demonstrates that the proposed antenna cannot be accommodated on an existing building or structure or by construction of a stealth facility.

(b) Letters of coordination.

1. The applicant must provide documentation that the following notice was mailed, via certified mail, to all providers or, where applicable, to owners of existing antenna supporting structures, and that the applicant was unable to secure a lease agreement with a provider to allow the placement of the proposed antennas on an existing structure or building within the geographic search area:

Pursuant to the requirements of the Unified Development Code, [NAME OF APPLICANT] is providing you with notice of our intent to meet with the City Manager in a pre-application conference to discuss the location of a freestanding wireless communications facility to be located at [LOCATION]. We plan to construct an antenna supporting structure of [NUMBER OF] feet in height for the purpose of providing [TYPE OF WIRELESS SERVICE]. Please inform the City of Greenville and us if either of the following applies:

(A) You intend to place additional wireless communications facilities within 2 miles of our proposed facility; or

(B) You know of an existing building or structure that might accommodate the antennas associated with our proposed facility. Please provide us with this information within 10 days following the receipt of this letter.

Sincerely,

[APPLICANT, WIRELESS PROVIDER]

2. The department will maintain a list of known service providers and owners. Letters of coordination must be mailed at least 15 days prior to the pre-application conference required by this section and must request a response from the recipient within ten days of receipt.

(c) Siting priorities. In order to justify the construction of an antenna supporting structure, the applicant must demonstrate that higher-ranking alternatives in the following hierarchy, beginning with subsection (G)(8)(c)1. below, do not constitute feasible alternatives. Such demonstration must be made by submission of a statement of position, qualifications and experience by a licensed radio frequency engineer. with the following facilities:

1. Collocated or combined antennas;

2. Surface-mounted antennas;

3. Roof-mounted antenna supporting facility; and

4. Stealth wireless communications facility.

(d) Additional evidence. As appropriate, the following evidence may also be submitted to demonstrate compliance with this section:

1. No existing wireless communications facility within the geographic search area meets the applicant’s radio frequency engineering or height requirements;

2. No building or structure within the geographic search area has sufficient structural strength to support the applicant’s proposed antennas; or

3. That there are other limiting factors that render collocated, surface-mounted, roof-mounted or stealth facilities unsuitable or unreasonable.

(9) Color. Antenna supporting structures and ancillary appurtenances, including transmission lines, must maintain a galvanized grey finish or other contextual or compatible color as determined by the city, except as otherwise required by the FAA or the FCC.

(10) Fencing. A fence of at least eight feet in height from finished grade must be installed in order to enclose the base of the antenna supporting structure and associated equipment enclosures. Access to the antenna supporting structure must be controlled by a locked gate. The fence must be constructed in accordance with § 153.1000 of this chapter, except that barbed wire construction will be allowed at the discretion of the applicant.

(11) Landscaping.

(a) A landscaped buffer of at least ten feet in width must be planted along the entire exterior perimeter of the fence or wall as required by subsection (G)(9) above. Where the proposed antenna supporting structure will be located adjacent to a residential or public recreational use, or a lot within a residential zoning district, a landscaped buffer of at least 15 feet must be planted.

(b) A buffer required by this section must contain at least one row of native vegetation and form a continuous hedge at least three feet in height at planting and maintained at six feet.

(12) Signage.

(a) No signs may be placed on antenna supporting structures, ancillary appurtenances, equipment enclosures or on any fence or wall required by this section.

(b) If high voltage is necessary for the operation of proposed wireless communications facilities, “High Voltage - Danger” and “No Trespass” warning signs not greater than one square foot in area must be permanently attached to the fence or wall at intervals of at least 40 feet and upon the access gate.

(c) A sign not greater than one square foot in area must be attached to the access gate that indicates the following information:

1. Federal registration number, if applicable;

2. Name of owner or contact person; and

3. Emergency contact number.

(13) Private aircraft and helicopter landing facilities. Antenna supporting structures proposed within a designated notification height boundary of a private aircraft or helicopter landing facility, as specified on the Airspace Notification Map, will be limited to the height specified, based on the proposed facility’s distance from the runway or landing facility.

(14) Visual impacts minimized.

(a) Generally. Antennas must be configured on antenna supporting structures in a manner that is consistent with the character of the surrounding community and that minimizes adverse visual impacts on adjacent properties.

(b) Antenna-type priorities. In order to justify the use of an antenna type lower in the hierarchy in subsection (G)(14)(b)1. below, the applicant must adequately demonstrate that higher-ranked alternatives in the following hierarchy, beginning with subsection (G)(14)(b)1. below, cannot be used. Such demonstration must be made by submission of a statement of position, qualifications and experience by a licensed radio frequency engineer familiar with the following features:

1. Flush-mounted;

2. Panel;

3. Whip; and

4. Dish.

(15) District impacts minimized.

(a) Generally. Antenna supporting structures must be located in a manner that is consistent with the city’s interest in land-use compatibility, with and between zoning districts, as set forth in Division 15 of this chapter.

(b) Zoning district priorities. In order to justify locating a proposed antenna supporting structure within a zoning district lower in the hierarchy in subsection (G)(15)(b)1. below, the applicant must adequately demonstrate that siting alternatives within higher-ranked districts, beginning with subsection (G)(15)(b)1. below, are not reasonable or feasible. Such demonstration must be made by submission of a statement of position, qualifications, and experience by a licensed radio frequency engineer.

1. Industrial;

2. Commercial;

3. Residential; and

4. Airport overlay.

(16) Pre-application conference.

(a) Prior to submitting an application for an antenna supporting structure, the applicant must request in writing a pre-application conference with the City Manager. The purpose of the pre- application conference is to acquaint the participants with the applicable requirements of this chapter, as well as any preliminary concerns of the department. This provision is not applicable to replacement antenna supporting structures.

(b) Among the matters to be addressed at the pre-application conference are:

1. The ability of the proposed antenna supporting structure to accommodate future collocations;

2. Alternative locations or facility configurations that may result in reduced impacts on adjacent properties and the surrounding community;

3. Compatible colors for the proposed facility;

4. The vantage points from which required photo-simulated, post-construction renderings must be oriented;

5. The need for any variance or deviation from the provisions of this chapter; and

6. The expected date of application submission and a preliminary schedule for development review.

(c) The applicant’s written request for a pre-application conference must include the following information with regard to the proposed facility:

1. Location;

2. Overall height;

3. Number of antennas proposed, including those of other providers;

4. Type or types of wireless communications to be provided; and

5. Proof that the letters of coordination were mailed as required by subsection (G)(7) above.

(H) Collocations.

(1) Height. Collocations may not increase the overall height of an antenna supporting structure.

(2) Visual impact minimized. Collocations will be approved only in accordance with the visual impact requirements and hierarchy set forth at subsection (K)(4) below.

(3) Color. All collocated antennas and ancillary appurtenances must maintain a galvanized grey finish or other contextual color that is compatible with the environment or the building to which they are attached.

(I) Roof-mounted antenna supporting structure.

(1) Location and placement. Roof-mounted antennas may be placed only on commercial, institutional, industrial and multi-family buildings at least 35 feet in height.

(2) Height.

(a) The roof-mounted antenna, attachment device, equipment enclosure and/or any ancillary appurtenance may not extend above the roof line of the building upon which it is attached by more than 20 feet.

(b) Roof-mounted wireless structures with an overall height of greater than 50 feet are considered antenna supporting structures subject to subsection (F) above.

(3) Construction. Roof-mounted structures must have a monopole-type construction.

(4) Visual impact minimized. Roof-mounted structures will be approved only in accordance with the visual impact requirements and hierarchy set forth at subsection (K)(4) below.

(5) Color. Roof-mounted structures, ancillary appurtenances and equipment enclosures must maintain a galvanized grey finish or other contextual color that is compatible with the environment or the building to which they are attached.

(6) Signage. No signs may be placed on any roof-mounted structure, ancillary appurtenances or equipment enclosures.

(7) Screening and placement.

(a) Roof-mounted structures must be screened by a parapet or other device in order to minimize their visual impact as measured from the lot line of the subject property. Roof-mounted facilities must be placed as near the center of the roof as possible.

(b) Transmission lines placed on the exterior of a building must be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building to which they are attached.

(8) Private aircraft and helicopter landing facilities. Roof-mounted antenna supporting structures proposed within a designated notification height boundary of a private aircraft or helicopter landing facility, as specified on the Airspace Notification Map, will be limited to the height specified, based on the proposed facility’s distance from the runway or landing facility.

(J) Surface-mounted antennas.

(1) Color. Surface-mounted antennas and associated ancillary appurtenances must maintain a color that is the same as the surface to which they are attached, unless another color is more compatible within the context of the proposed facility and the surrounding environment.

(2) Screening and placement.

(a) Surface-mounted antennas must be placed no less than 15 feet from the ground and, where proposed for placement on a building, must be placed so that no portion of the antenna is less than three feet below the roof line.

(b) Transmission lines must be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building or structure to which they are attached.

(3) Visual impact minimized. Surface-mounted antennas will be approved only in accordance with the visual impact requirements and hierarchy set forth at subsection (K)(4) below.

(K) Stealth wireless communications facilities.

(1) Setbacks.

(a) Stealth wireless communications facilities, ancillary appurtenances and equipment enclosures must meet the minimum setback requirements for the zoning district in which they are proposed.

(b) In accordance with the development review process set forth in subsection (D) above, setback requirements for stealth facilities may be reduced if it is determined that such a waiver is necessary to reduce the visual impact or enhance the compatibility of the proposed facility on adjacent properties and the surrounding community.

(2) Height. The overall height of a proposed stealth facility must be limited to that which is consistent with the scale and aesthetic qualities of the proposed facility, and to that which blends and is consistent with the character of the surrounding community. However, in no case may the overall height of any stealth facility exceed 149 feet.

(3) Aesthetics. No stealth facility may have antennas or ancillary equipment that is readily identifiable from the public domain as wireless communications equipment. Stealth facilities must be designed so they are reasonably consistent with the surrounding built or natural environment. In order to determine compliance with this requirement, the city will consider the following criteria:

(a) Overall height;

(b) The compatibility of the proposed facility with surrounding built and nature features;

(d) Color;

(e) The extent to which the proposed facility blends with the surrounding environment;

(f) The extent to which the proposed facility has been designed to reasonably replicate a non-wireless facility (e.g., a silo, flagpole or tree); and

(g) The extent to which the proposed facility is not readily identifiable as a wireless communications facility.

(4) Private aircraft and helicopter landing facilities. Stealth wireless communications facilities proposed within a designated notification height boundary of a private aircraft or helicopter landing facility, as specified on the Airspace Notification Map, will be limited to the height specified, based on the proposed facility’s distance from the runway or landing facility.

(L) Expert review.

(1) Due to the complexity of the methodology or analysis required to review an application for a wireless communications facility, the Code Enforcement Officer may require a technical review by a third-party expert, the costs of which are to be borne by the applicant.

(2) The expert review may address the following:

(a) The accuracy and completeness of submissions;

(b) The applicability of analysis techniques and methodologies;

(d) Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in this chapter; and

(e) Other matters deemed by the Code Enforcement Officer to be relevant in determining whether a proposed wireless communications facility complies with the provisions of this section.

(3) Based on the results of the expert review, the Code Enforcement Officer may require changes to the applicant’s application or required submissions.

(4) The applicant must reimburse the city within ten working days of the date of receipt of an invoice for expenses associated with the third-party expert’s review of the application. Failure by the applicant to make reimbursement pursuant to this section will abate the pending application until payment in full is received by the city.

(M) Discontinuance.

(1) Notice of discontinuance. In the event that all legally approved use of an antenna supporting structure or antenna has been discontinued for a period of 180 days, the Code Enforcement Officer may make a preliminary determination of discontinuance. In making such a determination, the Code Enforcement Officer may request documentation and/or affidavits from the property owner regarding the structure’s usage, including evidence that use of the structure is imminent. Failure on the part of a property owner to provide updated contact information for the owner of the antenna supporting structure for four consecutive years will be presumptive evidence of discontinuance. At such time as the Code Enforcement Officer reasonably determines that an antenna supporting structure or antenna has been discontinued, the Code Enforcement Officer will provide the property owner with a written notice of discontinuance by certified mail.

(2) Declaration of discontinuance. Failure on the part of the property owner to respond to the notice of discontinuance within 90 days, or to adequately demonstrate that the structure is not discontinued, will be evidence of discontinuance. Based on the foregoing, or on any other relevant evidence before the Code Enforcement Officer, the Code Enforcement Officer may make a final determination of discontinuance, whereupon a declaration of discontinuance will be issued to the property owner by certified mail.

(3) Removal of facility. Within 120 days of a declaration of discontinuance, the property owner must either:

(a) Reactivate the use of the structure as a wireless communications facility or transfer ownership of the structure to another owner who will make such use of the facility; or

(b) Dismantle and remove the facility. If the facility remains discontinued upon the expiration of 120 days, the city may enter upon the property and remove the facility, with all costs to be borne by the property owner.

(N) Non-conforming antenna supporting structures.

(1) Within ten years of its effective date, antenna supporting structures made non-conforming by implementation of this section must comply with the provisions of this chapter or must be removed.

(2) However, the city may extend the time period for compliance or removal where the property owner demonstrates that the requirements of this section impose an unreasonable burden on the ability of a provider to provide personal wireless services or to otherwise comply with federal regulations.

(O) Variances; additional criteria. No variance will be granted to the provisions of this section unless the Board of Adjustment makes one of the following findings of fact:

(1) Failure to grant the variance would prohibit or have the effect of prohibiting the provision of personal wireless services;

(2) Failure to grant the variance would unreasonably discriminate among providers of functionally equivalent personal wireless services;

(3) The variance will obviate the need for additional antenna supporting structures;

(4) The variance is necessary to ensure adequate public safety and emergency management communications; or

(5) The variance is the minimum necessary in order for the applicant to provide broadcast services pursuant to an FCC-issued construction development approval.

(P) Signs. See Ch. 152 of this code of ordinances.

(Q) Satellite antennas. See the city’s provisions.

(R) Adult-oriented uses. See the city’s provisions.

(S) Flood controls. See the city’s provisions.

(T) Affordable dwelling units/inclusionary zoning. See § 153.1366 of this chapter.

(Ord. 3020, passed 9-10-2013, § 7.92)

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