Wireless telecommunications facilities are permitted under varying conditions dependent upon their form and the zoning district in which they are to be located. The following sections spell out these conditions.
(a) General. The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with the specific regulations for nonresidential districts as set forth in subsections (b) and (c) hereof.
(1) When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
(2) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually.
(3) The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate.
A. An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum.
(4) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(5) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within five miles of the proposed facility. The applicant shall inquire about potential collocation opportunities at the technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days. The applicant’s letter(s) as well as response(s) shall be presented to the Zoning Administrator as a means of demonstrating the need for a new tower.
(6) Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district shall be subject to review by the Zoning Administrator.
(7) The tower shall be painted non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communication Commission (FCC) or Federal Aviation Administration (FAA).
(8) No advertising is permitted anywhere on the facility.
(9) All providers utilizing towers shall present a report to the Zoning Administrator notifying him of any tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, a designated local official may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility’s owner/operator will receive written notice from the Zoning Administrator and instructed to either reactivate the facility’s use within 180 days, or dismantle and remove the facility. If reactivating or dismantling does not occur, the municipality will remove or will contract to have the facility removed and assess the owner/operator the costs.
(10) No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.
(11) “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.
(12) Applicants will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.
(13) A Conditional Use Permit must be approved by the City Planning Commission and City Council with a subsequent Building Permit issued by the County Building Department for construction of new towers in non- industrial districts. Collocation of antennas on a single tower, antennas attached to existing structures/buildings, towers located in industrial districts, or replacement towers to be constructed at the site of a current tower are permitted uses and will not be subject to the conditional use permitting process.
(14) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Zoning Commission and Zoning Administrator.
(15) Underground equipment shelters are encouraged, especially in non- industrial districts, and may be requested by the Planning Commission.
(b) Non residential Districts. Wireless telecommunications facilities proposed for the following zoning districts, I-1, C, C-1, are subject to the following conditions:
(1) Sole use on a lot: A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
A. Minimum lot size- (see subsection (b)(2)C.) add one foot of frontage and one foot of depth each foot of tower height.
B. Minimum yard requirements-
1. Tower: the minimum distance to any single-family or two- family residential use or district shall be 300 feet
2. Equipment Shelter: to be the minimum setbacks/yard requirements for the district.
C. Maximum Height-
1. Tower: 200 feet (includes antenna)
2. Equipment Shelter: to be maximum building height for the district
D. Maximum size of equipment shelter- 300 square feet for a single shelter, or, if there is more than one, 750 total square feet.
(2) Combined with another use: A wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:
A. The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a nonconforming use.
B. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
C. Minimum lot area- The minimum lot area shall be the area needed to accommodate the tower) and guy wires, if used), the equipment shelter, security fencing and buffer planting.
D. Minimum yard requirements-
1. Tower: The minimum distance to any single-family or two- family residential use or district lot line shall be 300 feet.
2. Equipment shelter: Shall comply with the minimum setback requirements for the primary lot.
E. Access- The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
F. Maximum size of equipment shelter-
1. Tower: 200 feet (includes antenna)
2. Equipment Shelter: (to be maximum building height for the district).
G. Maximum size of equipment shelter-
300 square feet for a single shelter, or, if there is more than one, 750 square feet.
(3) Combined with an existing structure: Where possible an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
A. Maximum height-
20 feet or 20% of the building height above the existing building or structure, whichever is greater.
B. If the applicant proposes to locater the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
1. The minimum setback requirements for the subject zoning district.
2. A buffer yard may be planted in accordance with section 1D.
3. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principle use.
4. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(c) Residential Districts: Wireless telecommunications facilities that include towers are not permitted in single-family or two-family residential districts with the exception of placement on any property with an institutional use (e.g. church, park, library, municipal/government, hospital, school, utility) located in either of these two districts. However, receiving antennas attached to existing buildings or structures are permitted. In applying for a permit in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate 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:
(1) General: 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 shall apply to subsections (c)(2), (3), (4) and (5) below.
(2) Combined with a nonresidential use: An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to, a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility. The following conditions shall be met;
A. Maximum height, 20 feet above the existing building or structure
B. If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:
1. The shelter shall comply with the minimum setback requirements for the subject zoning district.
2. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
3. A buffer yard shall be planted in accordance with section 1D.
4. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(3) Located on a nonresidential-use 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 government building, facility or structure, agricultural use and a utility use, subject to the following conditions:
A. The tower shall be set back from any property line abutting a single- family or two-family residential lot by 300 feet.
B. Maximum height-
Tower: 200 feet (includes antenna)
Equipment shelter: (to be the maximum building height for the district)
C. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
D. Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along he circulation driveways of the existing use.
E. In order to locate a telecommunications facility on a property that is vacant or with an agricultural use the tract shall be at least 2.5 acres.
(4) Located on a residential building: An antenna for a wireless telecommunications facility may not be attached to a mid-rise or high-rise apartment building.
(5) Located in open space: A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:
A. The open space shall be owned by the municipality, county or state government, a homeowners association, charitable organization or a private, non-profit conservation organization.
B. Maximum height-
Tower: 200 feet (includes antenna)
Equipment shelter: (to be the maximum building height for the district).
C. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
D. The tower shall be set back from any single-family or two-family property line of 300 feet.
(d) Criteria for a Conditional Use. Use T-1: Wireless Telecommunications Facility:
(1) A wireless telecommunications facility which includes a tower may be permitted as a conditional use in a multi-family residential, institutional or commercial district, or located on an institutionally-used property in any residential district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for review in this category:
A. The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
B. The applicant shall demonstrate than the telecommunications tower must be located where it is proposed in order to service the applicant’s service area. There shall be an explanation of why a tower and this proposed site is technically necessary.
C. Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
D. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within five miles of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days.
(2) The applicant’s letter as well as response(s) shall be presented the Planning Commission means of demonstrating the need for a new tower.