The standards contained in this chapter are necessary to promote the intent of this Zoning Code. However, any one or all of the standards contained in this chapter may be varied or waived by a two- thirds affirmative vote of the Planning Commission.
(a) Personal wireless communications service facilities shall be permitted within the I-1 Light Industrial District and the I-2 General Industrial District as both principal and accessory uses. Such facilities shall conform to the standards set forth in Section 1297.05(a) and (b).
(b) Personal wireless communications service facilities shall be permitted within the CBD-1 Central Business District, CSD-1 Central Service District GB-1 General Business, PC Planned Commercial, RO-1 Research Office - Light Industrial, OS-1 Office Service, and HS-1 Highway Service districts as accessory uses. Such facilities shall conform to the standards set forth in Section 1297.05(c).
(c) If a cellular or wireless communications company can demonstrate that there are no suitable sites under industry or engineering standards for its personal wireless communications service facilities site within the zoning districts identified in divisions (a) and (b) of this section, the applicant may apply for a permit to place the facility in a residential, agricultural or floodway district. Such facilities shall conform to the standards set forth in Section 1297.05(d).
(d) No personal wireless communications service facility shall be permitted to be located on any lot or attached to any structure used for residential purposes within any zoning district, with the exception of facilities approved under Section 1297.05(d)(2).
(e) Necessity of Location. The applicant shall be required to demonstrate, using the latest technological evidence, that the personal wireless communications service facility must be placed as proposed in order to satisfy a necessary function in the applicant's overall communications system.
(f) Personal wireless communications service facilities shall be constructed to accommodate at least three carriers or sets of antennas or panels to encourage co-location.
(g) A new personal wireless communications service facility may not be constructed if there is a technically suitable space available on an existing or planned personal wireless communications service facility within the geographic area that the new facility is to serve.
(h) The applicant shall demonstrate in writing that they have attempted to co-locate on existing structures within the geographic area that the proposed facility is to serve.
(i) No personal wireless communications service facilities shall be located within one mile of another facility. Facilities approved under the provisions of divisions (b) and (c) of this section shall be exempt from this requirement.
(j) The applicant shall demonstrate to the City that they are licensed by the Federal Communications Commission (FCC) and that the proposed facility meets all Federal Aviation Administration (FAA) regulations.
(k) No advertising shall be permitted anywhere upon or attached to the facility or site.
(l) Any application to locate a personal wireless communications service facility on a building or structure that is listed on a Federal, State or local historic register, or is in an historic district established by the City, shall also be subject to review by the Chief Building Official (CBO) to ensure that architectural and design standards are maintained.
(m) No wireless telecommunication facility shall be artificially lit except as required by the Federal Aviation Administration.
(Ord. 5185. Passed 12-2-97.)