(a) Utility Stations. Utility station structures are conditionally permitted uses in all districts, subject to the following conditions:
(1) Minimum size lot. Utility stations shall have a minimum lot size of one acre.
(2) Location. All utility station structures shall be located a minimum of 100 feet, from any R-District property line.
(3) Enclosure. Utility stations shall be enclosed with an eight foot high fence.
(4) Landscaping. Utility stations shall be fully screened from view with adequate landscaping materials.
(b) Wireless Communication Facilities.
(1) Purpose and intent. It is the purpose and intent of the following subsections to comply with the Federal Telecommunications Act of 1996, enacted on February 8, 1996, by and through the following objectives:
A. To accommodate the need for cellular or wireless communication facilities, while not unreasonably discriminating among providers of equivalent telecommunications services.
B. To regulate the number and placement of wireless communication facilities in the City.
C. To acknowledge that the City is prohibited, by virtue of the existence of standards established by the Federal Communications Commission, from regulating radio frequency emission levels based on concerns associated with these emissions and any health risk posed by them.
D. To minimize the adverse visual effects of wireless communication facilities through proper siting, design and screening.
E. To encourage the joint use of any new and existing wireless communication facilities to reduce the number of such structures needed in the future.
(2) Definitions.
COLLOCATED STRUCTURE. A conditionally permitted telecommunications facility which is a primary structure which supports more than one wireless communication provider's equipment.
COLLOCATION. The location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of wireless communication facilities with other facilities such as water tanks or other utility facilities.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.
PRIMARY STRUCTURE. A conditionally permitted telecommunications facility which is capable of supporting more than one wireless communication provider's equipment and which is the solely existing structure on a parcel of land.
SECONDARY STRUCTURE. A conditionally permitted telecommunications facility which is permitted to exist on a parcel of land in conjunction with other principally or conditionally permitted uses.
SUPPORT STRUCTURE. A single, free-standing pole, monopole, post, lattice tower, or similar structure, used to support equipment associated with a single or collocated wireless communication facility.
TELECOMMUNICATION. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
WIRELESS COMMUNICATION ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services, and ground-wired communications systems, and including other equipment utilized to serve personal communication services.
WIRELESS COMMUNICATION EQUIPMENT SHELTER. The structure in which the electronic receiving and relay equipment for a wireless communication facility is housed.
WIRELESS COMMUNICATION FACILITY. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
WIRELESS COMMUNICATION SITE. A tract, lot or parcel of land that contains the cellular or wireless communication facilities, including monopoles, antenna, support structures, and any other uses associated with cellular or wireless communication transmission.
(3) Application procedure. A company or individual wishing to place a cellular or wireless communication antenna or support structure within the city must apply for a conditional use pursuant to Section 1111.06.
(4) Use regulations.
A. General Requirements.
1. Accommodate other uses. In order to reduce the number of antenna support structures needed in the City in the future, the proposed cellular or wireless communication facility shall be required to accommodate other uses, other cellular or wireless communication companies, and the local police, fire and ambulance departments.
2. Licensing. The wireless communication provider must demonstrate to the City that it is licensed by the Federal Communications Commission.
3. Plot Plan. When the proposed wireless communication facility is to include a new support structure, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
4. Natural resource protection. The location of the support structure and wireless communication equipment shelter shall comply with all natural resource protection standards established in this Zoning Code, including those for floodplain, wetlands and steep slopes.
5. Fencing. Security fencing eight feet in height shall surround the support structure, the wireless communication equipment shelter, and the wireless communication facility, either completely or individually, as determined by the Planning and Zoning Commission.
6. Support structure safety. All cellular or wireless communication facilities shall be fitted with anti-climbing devices.
7. Landscaping. Landscaping shall be installed around the perimeter of the security fence and at a height to adequately screen the wireless communication facility. The landscaping plan shall incorporate the goal of preserving existing vegetation (trees and shrubs). All landscaping plans shall be submitted to and approved by the Planning and Zoning Commission.
8. Effort to collocate. Any applicant requesting permission to install a new support structure shall provide evidence of written contact with both of the following:
a. All wireless service providers who supply service using existing support structures within a one mile radius of the proposed site.
b. All owners of nearby structures which are technologically capable of accommodating wireless communication facilities within a one mile radius of the proposed site. The nearby structures shall include water towers, smoke stacks, buildings not less than 35 feet in height, and other tall structures in the district.
The applicant shall inquire about potential collocation opportunities at all technically feasible locations. All contacted providers and/or property owners shall be required to respond in writing to the inquiry within 30 days. The applicant's letters as well as the contacted provider's and/or property owner's responses shall be presented to the Planning and Zoning Commission as a means of demonstrating the need for a new support structure.
All proposed support structures shall be located no less than one-half of a mile from any other existing support structures. If the support structure cannot be located more than one-half of a mile from any other support structure, the applicant shall demonstrate, using the latest technological evidence, why the support structure must be placed in a proposed location in order to serve its necessary function in the applicant's grid system. Prior to granting a Conditional Use Permit, the Planning and Zoning Commission may require that the proposal be reviewed by an independent qualified consultant, at the cost of the applicant, to confirm the technological needs of the applicant. Upon review of the aforementioned evidence, the Planning and Zoning Commission may elect to permit the location of the proposed support structure less than one-half of a mile from any other existing support structure.
9. Appearance of support structure. The support structure shall be a noncontrasting color to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
10. Signage. No advertising is permitted anywhere on the facility, with the exception of a two foot square identification sign. "No trespassing" signs shall be posted around the facility with a telephone number of whom to contact in the event of an emergency.
11. Removal. All providers utilizing a support structure shall present a report to the Zoning Administrator notifying him or her of any wireless communication facility located in the City whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 12 months, the Zoning Administrator may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) If reactivation or dismantling does not occur, the City will remove or will contract to have removed the facility and assess the owner/operator the costs of such removal.
12. Lighting. No support structure shall be artificially lighted except to assure safety or as required by the FAA. Security lighting around the equipment shelter may be permitted. All lighting shall be shielded or baffled in a manner as to disguise source recognition of light by adjoining properties.
13. Access to site/facility. Applicants will provide evidence of legal access to the wireless communication site and facility thereby maintaining the access regardless of other developments that may take place on the site.
14. Permits. A Conditional Use Permit must be approved by the Planning and Zoning Commission with a subsequent Building Permit issued by the Zoning Administrator for construction of new support structures in all districts. However, the addition of a wireless communication antenna to a primary structure, the location of a wireless communication antenna on existing structures or buildings, including structures which are legally nonconforming, or the replacement of an existing, support structure, are principally permitted uses and will not be subject to the conditional use permitting process.
15. Written denial of request. Any decision to deny a request to place, construct or modify a wireless communication antenna and/or support structure shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Zoning Commission.
16. Underground shelters. Underground equipment shelters are encouraged. The Planning and Zoning Commission shall require that underground shelters be installed within residential and SPD Districts.
(5) Lot size, height and setback requirement.
A. Minimum Lot Size. The minimum lot size for all wireless communication sites shall be two acres.
B. Minimum Setback Requirements. All wireless communication facilities shall be subject to the following setback requirements:
1. All support structures shall be located a minimum of 300 feet from any residential district property line.
2. All support structures located in nonresidential districts shall be subject to the required setbacks of the district in which it is located or a setback of 50 feet, whichever is greater.
C. Maximum Height Regulation.
1. All primary structures, secondary structures and collocated structures including antennas, in all districts shall be no greater than 200 feet.
2. The maximum height of all wireless communication antennas located on an existing building or structure shall be no greater than 20 feet or 20% of the height of the existing building or structure, whichever is greater.