§ 1478.08  RESIDENTIAL DISTRICTS; EXCEPTIONS.
   Wireless telecommunications facilities that include towers are not permitted in single-family or two- family residential districts, with the exception of the placement on any property with an institutional use (e.g., a church, park, library, municipal/governmental building, facility or structure, hospital, school or utility) located in either of these two 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 as to why it is not technically feasible to locate such facilities in a more appropriate nonresidential zone. Once those efforts have been exhausted, a wireless telecommunications facility may be located in a residential district subject to the following conditions.
   (a)   Fully Automated Facility Required.  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 provision shall also apply to divisions (b), (c), (d) and (e) hereof.
   (b)   Combined with a Nonresidential Use.  An antenna may be attached to a nonresidential building, or to a structure that is a permitted use in the district, including, but not limited to, a church, a municipal or governmental building or facility, an agricultural building and a building or structure owned by a utility. The following conditions shall be met.
      (1)   The maximum height of an antenna shall be 20 feet above the existing building or structure.
      (2)   If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter, the shelter shall comply with the following.
         A.   The shelter shall comply with the minimum setback requirements for the subject zoning district.
         B.   The maximum size of the equipment shelter shall be 400 square feet or, if there is more than one, 800 square feet.
         C.   A buffer yard shall be planted in accordance with § 1478.05(f).
         D.   Vehicular access to the shelter shall not interfere with parking or vehicular circulation on the site for the principal use.
   (c)   Located on a Nonresidential 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, hospital, school, municipal or governmental building, facility or structure, an agricultural use and a utility use, subject to the following conditions.
      (1)   The tower shall be set back from any property line abutting a single-family or two-family residential lot by 200 feet.
      (2)   The maximum height of a tower or equipment shelter shall be as follows:
         A.   Tower:  200 feet (includes antenna); and
         B.   Equipment shelter:  the equipment shelter shall be not more than 35 feet in height.
      (3)   The maximum size of the equipment shelter shall be 400 square feet or, if there is more than one, 800 square feet.
      (4)   Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
      (5)   In order to locate a telecommunications facility on a property that is vacant or with an agricultural use, the tract shall be at least two and one-half acres in size, or as otherwise determined by the Planning and Zoning Commission.
   (d)   Located on a Residential Building.  An antenna for a wireless telecommunications facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions.
      (1)   The maximum height shall be 20 feet above the existing building.
      (2)   If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter (not located in, or attached to, the building), the shelter shall comply with the following.
         A.   The shelter shall comply with the maximum setback requirements for the subject zoning district.
         B.   The maximum size of the equipment shelter shall be 400 square feet or, if there is more than one, 800 square feet.
         C.   A buffer yard shall be planted in accordance with § 1478.05(f).
         D.   Vehicular access to the shelter shall, if at all possible, use the existing circulation system.
   (e)   Located in an Open Space or Park.  A wireless telecommunications facility is permitted on land that has been established as permanent open space or a park, subject to the following conditions.
      (1)   Ownership.  The open space shall be owned by the municipality, the county, the state, a homeowners association, a charitable organization or a private, nonprofit conservation organization.
      (2)   Maximum Height.  The maximum height of a tower or equipment shelter shall be as follows:
         A.   Tower:  200 feet (includes antenna); and
         B.   Equipment shelter:  the equipment shelter must comply with the maximum building height requirements for the district in which it is located.
      (3)   Maximum Size of Equipment Shelter.  The maximum size of the equipment shelter shall be 400 square feet for a single shelter or, if there is more than one, 800 square feet.
      (4)   Tower Setback.  The tower shall be set back from any single-family or two-family property line 200 feet.
(Ord. 5-97, passed 7-14-1997)