(a) Principally Permitted Uses. A wireless telecommunication tower facility may be permitted on any property owned or controlled by the City under such conditions, standards and regulations as deemed appropriate by action of the City Council.
(b) Conditionally Permitted Uses. A wireless telecommunication tower facility may be permitted in areas other than those areas set forth in subsection (a) hereof as a conditional use only in the areas indicated as a WTTO District on the Zone Map and upon the approval of the Planning and Zoning Commission, provided the applicant demonstrates compliance with each of the following standards, as well as the standards set forth in Section 1172.03 herein:
(1) There is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower within the geographic area to be served, including the areas set forth in subsection (a). With the building permit application, the applicant shall list the location of every tower, building or structure and all of the areas set forth in subsection (a) that could support the proposed antenna(s) or area where it would be technically suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, or a technically suitable location is not available in any area set forth in subsection (a). If another existing tower or an area set forth in subsection (a) is technically suitable, the applicant must demonstrate that it has requested to collocate on the existing tower and the collocation request was rejected by the owner of the tower, or that it has requested the City Council to permit it to locate a tower facility in all technically suitable area(s) set forth in Subsection (a) under reasonable terms and that each request was rejected. In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty (30) days from the date of receipt of a written request for collocation. If another telecommunication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to collocate an antenna(s) on another tower within the City which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted.
(2) As a condition of issuing a conditional building permit to construct and operate a tower in the City, the owner/operator of the telecommunication tower is required to allow collocation until said tower has reached full antenna capacity, but in no event fewer than two (2) additional antenna platforms for two (2) additional wireless telecommunication antenna owners/operators unrelated to the owner/operator of the tower. Agreement to this provision must be included in the applicant's lease with the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Building Commissioner evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this subsection (b) as well as all other applicable requirements, regulations and standards set forth in this chapter.
(3) The color of the tower shall be as required by the Architectural Board of Review.
(c) Accessory Use. The erection or construction of a wireless telecommunication antenna(s) on an existing wireless telecommunication tower shall be a permitted accessory use as a collocation on such a tower and shall be approved upon submission of an application for a building permit to the Building Commissioner which meets all applicable regulations in Section 1172.03 hereof related to the placement of the wireless telecommunication equipment and related facilities associated with such antenna(s).
(Ord. 12-97. Passed 4-22-97.)
(Ord. 12-97. Passed 4-22-97.)