1339.09 RESIDENTIAL DISTRICTS.
   (a)   Except as provided below, Wireless Telecommunications Facilities that include Towers are not permitted in Residential Districts with the exception of placement on any property with an institutional use (e.g., church, park, library, municipal/government, cemetery, school, utility) located in a Residential Districts. However, Antennas attached to existing buildings or structures are permitted. In applying for a permit in any Residential District, the Applicant must present sufficient evidence to the Planning Commission as to why it is not technically feasible to locate in a more appropriate nonresidential district. Once those efforts have been exhausted, a Wireless Telecommunications Facility may be located in a Residential District subject to the following conditions:
      (1)   General. The Wireless Telecommunications Facility shall be fully     automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance. This shall apply to (2), (3) and (4) below.
      (2)   Combined with a Nonresidential Use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to, a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility. In addition to the requirements set forth in Section 1339.04, the following conditions shall be met:
         A.   Maximum height: 20 feet above the existing building or structure.
         B.   If the Applicant proposes to locate the telecommunications equipment in a separate Equipment Shelter, the Equipment Shelter shall comply with the following:
            1.   The Equipment Shelter shall comply with the minimum setback requirements for the subject zoning district.
            2.   A buffer yard shall be planted in accordance with Section1339.04.
            3.   Vehicular access to the Equipment Shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
      (3)   Located on a Nonresidential-Use Property. A Tower to support an Antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, cemetery, school, municipal or government building, government facility or government structure, agricultural use and a utility use, subject to the following conditions:
         A.   Vehicular access to the Tower and Equipment Shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
      (4)   Located on a Residential Building. An Antenna for a Wireless Telecommunications Facility shall not be located on any Residential Building with fewer than four (4) floors which are completely above grade. An Antenna for a Wireless Telecommunications Facility may be attached to a Residential Building containing four (4) floors or more completely above grade subject to the following conditions:
         A.   Maximum Height: 20 feet above the existing building.
         B.   If the Applicant proposes to locate the telecommunications equipment in a separate Equipment Shelter (not located in, or attached to, the building), the Equipment Shelter shall comply with the following:
            1.   The shelter shall comply with the maximum setback requirements for the subject zoning district.
            2.   A buffer yard shall be planted in accordance with Section 1339.04.
            3.   Vehicular access to the Equipment Shelter shall, if at all possible, use the existing circulation system.
               (Ord. 43-02. Passed 11-25-02.)