(a) Permitted Use.
(1) A Wireless Telecommunication Tower shall be permitted in any interstate highway right-of-way.
(2) A Wireless Telecommunication Tower shall be permitted on or within an easement or parcel used for electric high tension power lines on support towers.
(b) Conditional Use.
(1) A Wireless Telecommunication Tower may be permitted as a conditional use upon approval by the Planning and Design Commission through submission of an application to the Building Official, provided the applicant demonstrates compliance with each of the Collocation requirements in subsection (b)(2) below, the requirements of Chapter 1118 of the Zoning Code, as well as the standards set forth in Section 1151.05 of this Chapter:
A. In the areas indicated as a WTFO District on the Zoning Map in the following Districts: Retail Business General, Limited Industrial- Industrial Park and Mixed District.
B. On property owned or controlled by a political subdivision, other than property owned or controlled by the City, indicated as a WTFO area on the Zoning Map.
(2) Collocation Requirements. The applicant must demonstrate:
A. There is no Technically Suitable space for the applicant's Antenna(s) and related facilities reasonably available on an existing Tower, building or structure within the geographic area to be served. With the application, the applicant shall list the location of every Tower, building, or structure that could support the proposed Antenna(s) or area where it would be Technically Suitable to locate the proposed Antenna(s) so as to allow it to serve its intended function. If another existing Tower, building or structure is Technically Suitable, the applicant must demonstrate that it has requested to Collocate on the existing Tower, building or structure and the Collocation request was rejected by the owner of the Tower, building or structure. If another Tower, building or structure is Technically Suitable, the applicant must further show that it has offered to allow the owner of that other Tower, building or structure to Collocate an Antenna(s) on another Tower, building or structure within the City which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted; and
B. All applicants for construction or erection of Wireless Telecommunication Towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to, but not including, two hundred (200) feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three (3) Antennas or Antenna Array platforms of equal loading capacity for three (3) separate providers of service to be located on the structure when constructed to the maximum allowable height. The Wireless Telecommunication Facility shall also be designed to show that the applicant has enough space on its site plan for an Equipment Shelter large enough to accommodate at least three (3) separate users of the Facility. If an Equipment Shelter is initially constructed to accommodate only one (1) user, space shall be reserved on site for Equipment Shelter expansions to accommodate up to at least three (3) separate users. Agreement to the provisions of this subsection must be included in the applicant's lease with the landowner, if different from the owner/user of the Tower. Written documentation must be presented to the Building Official evidencing that the landowner of the property on which the Tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding Collocation of another user of the Facility within thirty (30) days after receipt of a written inquiry. Copies of all written requests to Collocate and all written responses shall be sent to the Building Official.
(c) Accessory Use - Antennas.
(1) Permitted accessory use. The installation of a Wireless Telecommunication Antenna where the construction or erection of a Wireless Telecommunication Tower is not proposed by the applicant, shall be permitted as an accessory use:
A. On an existing Tower provided that all electronic and relay equipment for the Antenna or Antenna Array shall be housed within the Existing Equipment Shelter or as such Shelter may be expanded.
B. On existing buildings that are five (5) or more stories above grade in any zoning district in the City provided that no more than three (3) Antennas or Antenna Arrays shall be installed on any building, the height of the Antenna is no greater than fifteen (15) feet above the highest point of the roof, and all electronic and relay equipment for the Antenna shall be housed within the existing building or in an Equipment Shelter that is screened so as not to be visible from neighboring properties, public rights-of-way, and other public areas;
C. On existing structures, other than buildings, (such as water towers, steeples, smokestacks, etc.) provided that the Antenna shall be inconspicuous from neighboring properties, public rights-of-way, and other public areas and all electronic and relay equipment for the Antenna shall be housed within the existing structure or an existing building on the same lot.
(2) Conditional accessory use. The installation of an Antenna where the construction or erection of a Tower is not proposed by the applicant may be permitted as a conditional accessory use upon approval by the Planning and Design Commission through submission of an application to the Building Official and compliance with Zoning Code Chapter 1118, as well as the standards set forth in Section 1151.05 of this Chapter where applicable and under the following circumstances:
A. On an existing building where three (3) or more Antennas or Antenna Arrays have been installed provided that the Antenna shall otherwise comply with the requirements of (c)(1)B. of this Section; or
B. On an existing structure other than a building, where the proposed Antenna would be installed so as not to be obscure from the views from neighboring properties, public rights-of-way and other public areas and/or all electronic and relay equipment for the Antenna is not housed within the existing structure or an existing building on the same lot.
To the extent the remaining standards of this Chapter are applicable to the installation of a Wireless Telecommunication Antenna on an existing Tower, building or other structure, as provided in (c)(1)A., B. and C. and (c)(2)A. and B., such remaining standards shall govern the installation.
(Ord. 98-130. Passed 2-1-00; Ord. 2016-36. Passed 8-2-16.)