(B) Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise stated.
(C) Accessory uses shall be as follows:
(1) Residential accessory uses. Residential accessory uses shall include but not be limited to the following accessory uses, activities and structures:
(a) Fences and walls;
(b) Garages, carports, driveways and off-street parking areas;
(c) Gates and guardhouses;
(d) Home occupations, subject to the standards of § 155.097 above;
(e) Playhouses, patios, cabanas porches, gazebos and incidental household storage buildings;
(f) Radio and television receiving antennas and support structures;
(g) Recreational facilities for the use of residents;
(h) Keeping of domestic animals for noncommercial purposes;
(i) Solar energy systems; and
(j) Other necessary and customary uses determined by the Zoning Administrator to be appropriate incidental and subordinate to the principal use on the lot.
(2) Retail, commercial and office accessory uses. Retail, commercial and office accessory uses shall include but not be limited to the following accessory uses, activities and structures:
(a) Dwelling units for security or maintenance personnel;
(b) Fences, walls, gates and guardhouses;
(c) Parking garages, driveways and off-street parking areas;
(d) Radio and television receiving antennas and support structures;
(e) Signs, subject to city ordinances regulating same;
(f) Solar energy systems; and
(g) Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot.
(3) Communication towers.
(a) Definition. In this division, COMMUNICATION TOWER means a structure 40 feet or more in height that supports one or more communication antennas, including self-supporting lattice towers, guyed towers or monopole towers. If a communication tower is not mounted on a building, the height is measured from the grade adjacent to the base of the tower. If a communication tower is mounted on a building, the height is measured from the area of the building where the base of the tower is mounted. COMMUNICATION TOWER does not include a support structure for an antenna serving
police, fire, or another emergency service provider, nor does it include a utility structure such as a water tank or power line support tower upon which antennas are located if the antennas do not extend more than ten feet above the highest point of the utility structure.
(b) General requirements:
1. The zoning districts within which communication towers may be located are shown in the Use Table in § 155.096.
2. A communication tower shall not be located closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the tower. This distance shall be measured as the shortest possible distance in a straight line from the tower to the closest point of the residential district boundary line or the residential dwelling.
3. No communication tower, support building, foundation, support wires or other appurtenances shall be located within any required front, side, or rear setback area.
4. A building permit is required to erect a communication tower or to install an antenna on a communication tower. Communication towers and antennas must meet or exceed the current federal, state and local standards and regulations.
5. Communication towers shall be equipped with safeguards to prevent unauthorized access. Safeguards can include devices recommended by the tower manufacturer, fencing, walls, climbing guards, or other security devices.
6. Collocation is greatly encouraged by the city. All new communication towers over 50 feet in height shall be constructed to support antennas for at least two carriers.
7. Support buildings and storage areas shall be screened from public view by a wall, opaque fencing, or landscaping, shall meet all applicable front, side and rear yard setback requirements, and shall use exterior colors and materials that are compatible with nearby structures.
8. No signs other than those required by law shall be mounted on a communication tower, support building, or associated wall or fence.
(c) Specific use permit; factors. If construction of a communication tower requires a specific use permit, the Zoning Commission shall consider the following factors, in addition to the factors described in § 155.040:
1. The city may not unreasonably discriminate among providers of functionally equivalent services;
2. The city may not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services;
3. The city must act on applications within a reasonable period of time;
4. The city must make any denial of an application in writing, and supported by substantial evidence in the minutes of the meeting; and
5. The city may not base a decision directly or indirectly on the environmental effects of radio frequency emissions.
(Ord. 08-347, passed - -2008; Ord. 2015-02-17-04, passed 2-17-2015)