(A) Telecommunications facilities located on existing structures.
(1) Antennas and accessory equipment are permitted in all zoning districts when located on any existing structure, including, but not limited to, buildings, water tanks, utility poles, broadcast towers or any existing support structure in accordance with the requirements of this chapter.
(2) Antennas and accessory equipment may exceed the maximum building height limitations, provided the antenna and accessory equipment are in compliance with the requirements and standards of this chapter.
(3) Each antenna mounted on existing structures and any accessory equipment shall meet the following standards.
(a) Omnidirectional or whip antennas shall not exceed 20 feet in length and not exceed seven inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive.
(b) Directional or panel antennas shall not exceed ten feet in length and two feet in width and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive.
(c) Cylinder-type antennas shall not exceed ten feet in length and not exceed 12 inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive.
(d) Satellite and microwave dishes shall not exceed ten feet in diameter. Dish antennas greater than three feet in diameter shall be screened with an appropriate architectural treatment that is compatible with or integral to the architecture of the building to which they are attached. This screening requirement shall not apply to dishes located upon towers or monopoles.
(e) Other antenna types not specifically mentioned above shall be permitted if they are not significantly greater in size and will have a visual impact no greater than the antennas listed above. This provision is specifically included in this chapter to allow for future technological advancements in the development of antennas.
(f) Accessory equipment must comply with § 114.06(E).
(B) New support structures.
(1) New support structure less than 60 feet in height shall be permitted in all zoning districts in accordance with the requirements of this chapter.
(2) New support structures up to 199 feet in height shall be permitted in all General Industrial Districts in accordance with the requirements of this chapter. The height of any proposed support structure shall not exceed the minimum height necessary to meet the coverage objectives of the facility. The setback of the structure shall be governed by the setback requirements of the underlying zone.
(3) In the case of a monopoles or replacement poles that will support utility lines as well as a telecommunications facility shall be permitted within utility easements or rights-of-way, in accordance with requirements of this chapter.
(a) The utility easement or right-of-way shall be a minimum of 100 feet in width.
(b) The easement or right-of-way shall contain overhead utility transmission and/or distribution structures that are 80 feet or greater in height.
(c) The height of the monopole or replacement pole may not exceed by more than 30 feet the height of existing utility support structures.
(d) Monopoles and the accessory equipment associated there with shall be set back a minimum of 15 feet from all boundaries of the easement or right-of-way.
(e) Single carrier monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by division (B)(3)(c) above.
(f) Poles that use the structure of a utility tower for support are permitted under this section. The poles may extend up to 20 feet above the height of the utility tower.
(g) Monopoles or replacement poles located on public property or within public rights-of-way that will support public facilities or equipment in addition to telecommunications facilities shall be permitted in accordance with requirements of this chapter. Examples include, but are not limited to, municipal communication facilities, athletic field lights, traffic lights, street lights and other types of utility poles in the public right-of-way.
(C) Stealth telecommunications facilities.
(1) Stealth telecommunications facilities shall be permitted in all zoning districts after administrative review and administrative approval in accordance with the requirements below.
(a) Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a causal observer.
(b) The structure utilized to support the antennas must be allowed within the underlying zone district. The structures may include, but are not limited to, flagpoles, bell towers, clock towers, crosses, monuments, smoke stacks, parapets and steeples.
(c) Setbacks for the supporting structure shall be governed by the setback requirements of the underlying zoning district.
(D) General standards, design requirements and miscellaneous provisions. Unless otherwise specified herein, all telecommunications facilities and support structures permitted by administrative approval are subject to the applicable general standards and design requirements of § 114.06 and the provisions of § 114.07.
(E) Administrative review process.
(1) All administrative review applications must contain the following:
(a) Administrative review application form signed by applicant;
(b) Copy of lease or letter of authorization from property owner evidencing applicant’s authority to pursue zoning application;
(c) Zoning drawings detailing proposed improvements. Drawings must depict improvements related to the requirements listed in this chapter, including property boundaries, setbacks, topography, elevation sketch and dimensions of improvements;
(d) In the case of a new support structure:
1. Statement documenting why collocation cannot meet the applicant’s requirements. The statement may include technical information and other justifications as are necessary to document the reasons why collocation is not a viable option; and
2. A list of all existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical or financial reasons. If an existing tower or monopole is listed among the alternatives, the applicant must specifically address why the modification of the structure is not a viable option.
(e) Administrative review application fee. Applications for new support structures with proposed telecommunications facilities shall be considered together as one application requiring only a single application fee.
(2) Procedure.
(a) Within ten business days of the receipt of an application for administrative review, the Administrator shall either: inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or schedule an administrative review meeting with the applicant within 30 days of the receipt of a complete application. This meeting is not a public hearing.
(b) An applicant that receives notice of an incomplete application may submit additional documentation to complete the application. An applicant’s failure to complete the application within 60 business days after receipt of written notice shall constitute a withdrawal without prejudice of the application. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.
(c) The administrative review meeting will be conducted to confirm that the proposed application is consistent with this chapter. The Administrator must issue a written decision granting or denying the request within 15 days of the meeting unless an extension of time is agreed to by the applicant. Failure to issue a written decision within 15 days shall constitute a denial of the application. The applicant may appeal the denial as provided in this chapter or applicable state or federal law.
(d) Should the Administrator deny the application, the Administrator shall provide written justification for the denial. The denial must be based on substantial evidence of inconsistencies between the application and this chapter.
(e) The applicant may appeal any decision of the Administrator approving, approving with conditions or denying an application or deeming an application incomplete, within 30 days to the Board in accordance with this chapter.
(Ord. 10.040, passed 2-3-2008)