1294.04  USE PROHIBITED IN RESIDENCE DISTRICTS; EXCEPTIONS.
   Wireless telecommunications facilities are not permitted in Residence Districts, except as provided in this section.  In applying for a permit in any Residence District, an 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 Residence District as a special planned development, subject to the following conditions:
   (a)   In 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.  Such requirement shall also apply to subsections (b) through (e) hereof.
   (b)   Combined With a Nonresidential Use.  An antenna may be attached to a nonresidential building or 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 twenty feet above the existing building or structure.
      (2)   If the applicant proposes to locate the telecommunications equipment in a separate 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 375 square feet, or, if there is more than one, 750 total square feet.
         C.   A buffer yard shall be planted in accordance with Section 1294.02(d).
         D.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
   (c)   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 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 one-family or two-family residential lot by 300 feet; otherwise, district setbacks shall apply to all facilities.
      (2)   The maximum height of a tower shall be 200 feet, including the antenna.  The maximum height of an equipment shelter shall be the maximum building height for the applicable district.
      (3)   The maximum size of the equipment shelter shall be 375 square feet, or, if there is more than one, 750 total 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.
   (d)   Located on a Residential Building.  An antenna for a wireless telecommunications facility may be attached to an apartment building, subject to the following conditions:
      (1)   The maximum height shall be twenty feet above the existing building.
      (2)   If the applicant proposes to locate the telecommunications equipment in a separate 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 375 square feet, or, if there is more than one, 750 total square feet.
         C.   A buffer yard shall be planted in accordance with Section 1294.02(d).
         D.   Vehicular access to the shelter shall, if at all possible, use the existing circulation system.
   (e)   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:
      (1)   The open space shall be owned by the Municipality, the County or State government, a homeowner's association, a charitable organization or a private, nonprofit conservation organization.
      (2)   The maximum height of the tower shall be 200 feet, including the antenna.  The maximum height of an equipment shelter shall be the maximum building height for the applicable district.
      (3)   The maximum size of the equipment shelter shall be 375 square feet, or, if there is more than one, 750 total square feet.
      (4)   The tower shall be set back from any one-family or two-family property line 300 feet; otherwise district setbacks apply to all facilities.
(Ord. 56-1997.  Passed 7-14-97.)