(A)   Generally.  The following provisions shall govern the issuance of administrative approvals for towers and antennas.
      (1)   The Zoning Administrator may administratively approve the uses listed in this section.
      (2)   Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in § 152.251 and a nonrefundable fee as established by resolution of the governing body of the Village of Kingsley to reimburse Village of Kingsley for the costs of reviewing the application.
      (3)   The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with §§ 152.248 and 152.251.
      (4)   (a)   The Zoning Administrator shall respond to each such application within 60 days after receiving it by either approving or denying the application.
         (b)   If the Zoning Administrator fails to respond to the applicant within 60 days, then the application shall be deemed to be approved.
      (5)   In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in § 152.251 or separation distances between towers in § 152.251 by up to 50%.
      (6)   In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
      (7)   If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to § 152.251 prior to filing any appeal that may be available under this chapter.
   (B)   List of administratively approved uses.  The following uses may be approved by the Zoning Administrator after conducting an administrative review:
      (1)   Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna, in any industrial or heavy commercial zoning district;
      (2)   Locating antennas on existing structures or towers consistent with the terms of divisions (a) and (b) below:
         (a)   Antennas on existing structures.  Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of 8 or more dwelling units, provided:
            1.   The antenna does not extend more than 30 feet above the highest point of the structure;
            2.   The antenna complies with all applicable FCC and FAA regulations; and
            3.   The antenna complies with all applicable building codes.
         (b)   Antennas on existing towers.  An antenna which is attached to an existing tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than 1 carrier on existing towers shall take precedence over the construction of new towers, provided the collocation is accomplished in a manner consistent with the following.
            1.   Additional antenna.  A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole.
            2.   Height.
               a.   An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.
               b.   The height change referred to in division (B)(2)(b)2.a. above may only occur 1 time per communication tower.
               c.   The additional height referred to in division (B)(2)(b)2.a. above shall not require an additional distance separation as set forth in § 152.251.  The tower's premodification height shall be used to calculate the distance separations.
            3.   On-site location.
               a.   A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.
               b.   After the tower is rebuilt to accommodate collocation, only 1 tower may remain on the site.
               c.   A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 152.251.  The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 152.251.
               d.   The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in § 152.251 shall only be permitted when approved by the Zoning Administrator.
      (3)   New towers in nonresidential zoning districts.  Locating any new tower in a nonresidential zoning district other than industrial or heavy commercial, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Administrator concludes the tower is in conformity with the goals set forth in § 152.245 and the requirements of § 152.248; the tower meets the setback requirements in § 152.251 and separation distances in § 152.251; and the tower meets the following height and usage criteria:
         (a)   For a single user, up to 90 feet in height;
         (b)   For 2 users, up to 120 feet in height; and
         (c)   For 3 or more users, up to 150 feet in height.
      (4)   Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the Zoning Administrator is in conformity with the goals set forth in § 152.245; and
      (5)   Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(Ord. 98-3, passed 10-10-1998)  Penalty, see § 152.999