(A) Freestanding.
(1) Freestanding Wireless Communication Facilities may be located in the following Agriculture, Flood Plain, Business or Industrial zoning districts subject to administrative approval at the following heights; provided in all cases a Conditional Use Permit must be obtained in accordance with §§ 161.135 through 161.138 of the Revised Code of Ordinances:
(a) A-G, General Agriculture District and F-P, Flood Plain District: 200 feet.
(b) I-1, Light Industrial District, 1-2, General Industrial District, and I-A, Industrial-Agriculture District: 200 feet.
(c) B-2, Secondary Business District, B-3, and Interchange Business District: 120 feet.
(2) No freestanding Wireless Communication Facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing Wireless Communication Facility, freestanding or located on existing structures, nor any available structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing Wireless Communication Facility or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
(a) No existing Wireless Communication Facility or structures are located within the geographic area required to meet applicant’s engineering requirements.
(b) Existing Wireless Communication Facility or structures are not sufficient height to meet applicant’s engineering requirements.
(c) Existing Wireless Communication Facility or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
(d) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing Wireless Communication Facility or structures, or the antenna on the existing Wireless Communication Facility or structures would cause interference with the applicant’s proposed antenna.
(e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing Wireless Communication Facility or to use an existing structure for sharing or use are unreasonable. Costs exceeding new Wireless Communication Facility development are presumed to be unreasonable.
(f) The applicant demonstrates that there are other limiting factors that render existing Wireless Communication Facility and structures unsuitable.
(B) Existing Structures. Wireless Communication Facilities may be placed in any zoning district on the following existing structures subject to administrative approval of the facility. No Conditional Use Permit is required. The height of the wireless facility must not exceed the height requirements of § 161.370(B) herein:
(1) Any free standing support structure currently used by a permitted Wireless Communication Facility;
(2) Non-residential buildings including, but not limited to, office buildings, retail buildings, industrial buildings, and clubhouses; but not including structures considered accessory structures to a residential use; and
(3) Minor facilities located on non-residential buildings and structures including, but not limited to, water towers, government buildings, churches, light standards in parking lots and sports fields, bridges, power poles and towers, and flag poles.
(C) Rights-of-Way.
(1) Subject to administrative approval, Wireless Communication Facilities may be placed in the public right-of-way or utility right-of-way provided the Wireless Communication Facility is a microcell consisting of a whip or tubular antenna placed on a light standard or power pole and the equipment cabinet is placed in the ground; provided the written agreement of the right-of-way owner is first obtained and the right-of-way permits same.
(2) No such pole and microcell shall have a combined height which exceeds 40 feet; no minimum setback requirement shall be required for the antenna.
(D) Residential Districts. Except as provided in subsection (B) above, Wireless Communication Facilities are not permitted in any residential district.
(Prior Code, Art. 21, § 21-500.5)