(a) With the exception of necessary electric and telephone service and connection lines, no part of any Wireless Facility tower or antenna, nor any lines, cable, equipment, wires or braces connecting to a tower or antenna, shall at any time extend across or over any part of the right-of-way.
(b) Construction of or a change to a main or accessory structure on a Wireless Facility site when not involving a change to an existing approved wireless facility need not be reviewed as a conditional use but shall comply with all applicable zoning district standards.
(c) Wireless Facilities shall be designed to reasonably blend into the surrounding environment through the use of neutral colors (such as gray), screening, landscaping and architecture, unless the Federal Aviation Administration, or other Federal or State authorities, require otherwise. Any Wireless Facility sited on the ground, as opposed to being attached to a structure, shall.
(1) Be subject to setback requirement, have an eight (8) foot high privacy fence or wall, as measured from the finished grade of the site, constructed around the perimeter of the Wireless Facility; and
(d) No commercial advertising shall be allowed on a tower or antenna, except for antennas attached to an existing and approved sign. Towers may have safety or warning signs in appropriate places.
(e) No signals, lights or other illumination shall be permitted, unless required by FAA regulations, other Federal of State law, or otherwise authorized below;
(1) Light fixtures may be attached to a tower or antenna if it is part of the design incorporated into the structure to be used for the illumination of parks, athletic fields, parking lots, streets, or other similar areas;
(2) Lighting of accessory structures for security purposes is permissible but shall be so arranged so as to direct and reflect light away from any adjacent residential property or public way;
(3) When lighting of a tower is required, it shall be placed on the tower and designed in such a way as to minimize glare on adjacent residential properties.
(f) Mobile or immobile equipment not used in direct support of a Wireless Facility shall not be stored or parked on the site, unless repairs to the facility are being made.
(g) Co Location on Existing Wireless Facility:
Installation of an antenna on any existing Wireless Facility is a permitted use.
(h) Co-Location by Attachment to Existing Structure:
(1) This section addresses the installation of a tower or antenna on an existing structure, other than a Wireless Facility Tower, including but not limited to buildings, light poles, water towers, commercial signs, church steeples, and any other freestanding structures;
(2) Such Wireless Facilities, including associated equipment and accessory structures, shall submit a plot plan to the zoning inspector (be subject to the Minor Site Plan Review procedures) and have the following minimum standards;
A. The site plan/area map included in the application shall contain a drawing and a description of the proposed facility including, but not limited to, colors and screening methods;
B. The addition of a Wireless Facility to an existing structure shall not cause the height of said structure to increase by more than twenty percent (20%);
C. Wireless facilities erected upon, or attached to, existing structures shall not be subject to standard setback requirements.
(i) Freestanding Wireless Facilities:
(1) Freestanding wireless facilities shall obtain a certificate of zoning compliance as specified in Section 1132.01.
(2) An affidavit of intent committing the site owner, his successors and assigns and the operator and his successors and assigns to allow the shared use of the tower and to offer a potential additional user reasonable terms and conditions for collocation. Failure to follow through with this commitment constitutes a violation of this Zoning Code and may result in revocation of the permit associated with the site.
(3) Freestanding wireless facilities are subject to the following standards.
A. The Wireless Facility shall be set back from the property line in all directions a distance at least equal to the height of the tower or 100 feet, whichever is greater, if the site is in or abuts a Residential district or household living or group living uses.
B. A Freestanding Wireless Facility may not be located in a designated historic district unless approved by the Planning Commission.
C. The Tower shall be designed, and shall have the capacity in all respects, to accommodate both the applicant's antenna and at least two comparable antennas if the tower is over one hundred twenty (120) feet in height or at least one comparable antenna if the tower is over seventy (70) feet in height but less than one hundred twenty (120) feet in height. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
D. Towers shall be of a monopole design, and guyed or lattice towers are prohibited.
E. Towers shall be constructed of galvanized metal or other approved material.
F. Towers shall be constructed so that if a failure does occur, the tower will collapse into itself and will not fall onto structures near the site.
G. No tower shall have a platform, catwalk, crow's nest or like structure around it, or attached to it, except while under construction or repair.
(j) Radio/TV Wireless Facilities:
Radio/TV Wireless Facilities are subject to the following standards
(1) A Radio/TV Wireless Facility may not be located in a designated historic district unless approved by the Planning Commission;
(2) The facility shall be setback from the property line in all directions a distance equal to the height of the tower or antenna or one-hundred (100) feet, whichever is greater, if the facility abuts a residential district or household living or group living uses;
(3) The tower or antenna shall be constructed so that if failure does occur, it will collapse into itself and will not fall onto structures near the site.
(k) Inspections: All Wireless Facilities may be inspected at any time by the Municipality in order to determine compliance with original construction standards. Deviation from the original construction for which a permit is obtained constitutes a violation of this Zoning Code.
(1) Abandoned or Unused Facilities. All abandoned or unused Wireless Facilities shall be removed by the operator within 6 months of the cessation of the use unless ownership and use thereof has been transferred to another person. A Wireless Facility shall be considered abandoned if use has been discontinued for 180 consecutive days. The Zoning Inspector may extend this time period or waive this requirement if it is shown by the operator that the Wireless Facility has not been abandoned;
(2) Transfer of Use. Approved Wireless Facilities may be transferred to successors and assigns of the approved party, subject to all of the conditions that apply to initial approval.
(Ord. 19-011. Passed 4-22-19.)