§ 156.163 WIRELESS COMMUNICATIONS FACILITIES.
   (A)   It is the intent of this section to recognize that the city has a clear and identifiable interest in accommodating the communication needs of residents and businesses but also has an interest in regulating highly visible structures such as large, high communication towers. It is the city’s interest, also, to induce, to the extent reasonable, cooperative use and collocation of such towers and their associated facilities and structures.
   (B)   Wireless communication facilities located by special land use permit in the R-1, R-2, RR, B-1, B-2, I, M, and PA Districts are subject to the following qualifying conditions and/or regulations and to the considerations of §§ 156.065 and 156.066.
      (1)   The height of the wireless communication facility shall not exceed 175 feet from the ground to the highest point of the facility.
      (2)   All sites must contain a minimum area sufficient to contain the wireless communication facility and all related accessory uses.
         (a)   If the property is undeveloped or occupied by a non-residential use, it must have a minimum area of two and one-half acres.
         (b)   If the property is occupied by a residential use, it must have a minimum area of 20 acres.
      (3)   The site shall have legal documented access to a public road.
      (4)   Any wireless communication tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been certified by a licensed mechanical, civil, professional engineer or architect, or other engineer licensed and competent in assessing the structural integrity of such towers, verifying a safe fall zone. All towers shall be certified by licensed engineer to verify that the structural design will meet federal standards to withstand wind speeds and icing under 100-year event conditions in the area.
      (5)   Accessory structures shall not exceed a total of 600 square feet of gross building area.
      (6)   No wireless communication facility shall be approved unless the applicant is able to establish in writing that any existing tower, structure, or facility is not available for co-utilization based upon technical inadequacy or lack of capacity, unreasonable or prohibitive cost, denial by owner, or other practical impediment to use or access.
      (7)   There shall not be displayed on the wireless communication facility advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.
      (8)   The wireless communication facility shall be maintained in a predominant color, coating, or material which matches the exterior surroundings. The predominant color scheme shall be designed to minimize off-site visibility of the structure.
      (9)   All wireless communication facilities must comply with the standards of the Federal Aviation Administration, the Federal Communications Commission, and the airport zoning ordinance for the county and all applicable state or local codes.
      (10)   Any wireless communication tower or antenna that is not operated for continuous period of 12 months shall be considered abandoned and the owner of such tower or antenna shall remove the same within 90 days of receiving an abandonment notification from the city. Failure to remove an abandoned tower or antenna within 90 days shall be grounds for the city to remove the tower or antenna at the owner’s expense. The Planning Commission may require the applicant to post a bond in an amount equal to the reasonable cost of removal for the tower and/or antenna. If a bond is to be required, the Planning Commission shall include the requirement as a condition of approval.
      (11)   Minimum spacing between wireless communication facilities containing one or more towers shall be one mile in order to prevent a concentration of facilities in one area.
      (12)   Wireless communication facilities shall not be artificially lighted unless required by the Federal Aviation Administration.
      (13)   The base of any tower and any cable supports shall be fenced with a minimum six- foot high security fence and all fencing shall be screened with landscaping. Accessory structures shall match the construction characteristics of other existing buildings in the surrounding area.
      (14)   All wireless communication facilities shall be inspected after being constructed and then once every three years for compliance with all ordinance, structural, and operational requirements and shall be certified as in compliance by a licensed mechanical, civil, professional engineer or architect, or other engineer licensed and competent in assessing the structural integrity of such towers, and said certification shall be submitted to the city.
      (15)   The Planning Commission may require additional setback distances as part of a special land use permit approval or for towers located within 1,000 feet of property zoned for residential use.
(Prior Code, § 1286.05) (Ord. passed 11-12-2009)