(A) Permitted uses. Permitted uses include:
(1) Co-location: placement of an antenna array if located on:
(a) A legal existing or previously approved WCF;
(b) A previously constructed broadcast tower; or
(c) An existing communications tower where the engineering specifications of the tower(s) permit and no increase in the height of the tower is required.
(2) Attached wireless communications facilities. Placement of an antenna array if integrated with/within another existing structure (such as, a building facade, church steeple or water tower) and no more than a 15-foot increase in the height of the existing structure is required.
(3) Replacement of a legal, existing WCF, support structure or antenna array. Replacement of a legal, existing WCF, support structure, or antenna array with a similar facility of an equal or smaller size, subject to the application procedures, general requirements and abandonment provisions of this chapter.
(4) Placement of antenna arrays or construction of wireless communications facilities. Placement of antenna arrays or construction of wireless communications facilities shall be permitted within the Agricultural Zone.
(B) Conditional uses. There are no conditional uses for WCF. Construction of a WCF in other than an Agricultural Zone requires rezoning pursuant to the provisions of this chapter.
(C) Exemptions. The following wireless communications facilities are exempt from the provisions of this subchapter: police, fire, ambulance and other emergency dispatch; amateur (HAM) radio; antennas used solely for residential household television and radio reception and satellite dishes measuring two meters or less in diameter.
(D) Prohibitions. WCF not expressly permitted under divisions (A), (B) or (C) are prohibited.
(E) Conditions of approval. The following conditions apply to all permitted and conditional uses:
(1) All wireless communications facilities and support structures shall be designed for, and constructed in accordance with, provisions for co-location (defined below);
(2) Applicants and/or petitioners agree to make a good faith effort on terms consistent with any applicable national agreement or on terms common to the region, to accommodate requests for co-location that originate from a provider, from the WCF owner, or from the Planning Department;
(3) Property owners and/or agents shall accept and accommodate the provisions for co-location prescribed by this subchapter, and shall agree to the renting or leasing of space on a support structure or WCF, for co-location, at fair market prices and terms without discrimination.
(4) Upon completion of the support structure or WCF, owners and/or operators of the support structure or WCF agree to make a good faith effort to accommodate co-location (placement of additional antenna arrays) in a timely manner, including those WCF or antenna arrays proposed by other service providers.
(5) No approval for a WCF or support structure shall become valid until authorization (written approval) or a written statement of no objection from all relevant federal, state or local agencies with regulatory authority has been submitted to the Planning Department.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003) Penalty, see § 155.999