1172.03 GENERAL REQUIREMENTS AND PERFORMANCE.
   Except as otherwise provided in this chapter, all wireless telecommunication tower facilities shall comply with the following standards:
   (a)    Design. All wireless telecommunication towers shall be of a monopole design, as opposed to a lattice design. Towers and antennas shall be designed to meet all Building Code requirements.
   (b)    Maximum Height of Tower and Related Facilities. A wireless telecommunication tower shall be less than 200 feet in height as measured from the average ground level at the base of the tower. The intent of this height restriction is to avoid, if at all possible, the necessity for lighting of the tower. No equipment building for a wireless tower facility shall exceed ten feet in height from building grade.
   (c)    Color. Unless otherwise required by the Architectural Board of Review, the color of a wireless telecommunication tower shall be a neutral gray.
   (d)    Additional Permitted Use. A wireless telecommunication tower facility may be located on a lot with another use.
   (e)    Minimum Lot Area. The minimum lot area shall be the same as that required for the underlying zoning district and the lot area shall be sufficient to provide for all requirements of setbacks, yards and building coverage as specified in the underlying zoning district.
   (f)   Location of Tower on the Lot. A wireless telecommunication tower must comply with the setback and yard requirements applicable to buildings in the underlying zone in which it is located. Such tower must be placed upon the lot in such a way as to minimize the visual impact from adjoining streets, roads and properties.
   (g)    Spacing. There shall be a separation of at least one quarter mile between wireless telecommunication towers.
   (h)    Fencing. Fencing shall be provided for public safety reasons. A fence at least six feet in height, but no greater than eight feet in height, shall be erected completely around the wireless telecommunication tower and any related support facilities. "No Trespassing" signs of no greater than two square feet shall be posted on the fence on four sides of the wireless telecommunication facility with a telephone number of a person to contact in the event of an emergency.
   (i)    Buffer Zones. A landscaped buffer area of not less than fifteen feet in depth shall be placed between the wireless telecommunication facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself. The fifteen-foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
   (j)   Outdoor Storage. Outdoor storage of any supplies, vehicles or equipment related to the use of the wireless telecommunication facility is prohibited except during the facility construction period and to supply emergency power to the facility only during a power outage.
   (k)    Lighting. Except as required by applicable law or this chapter, a wireless telecommunication antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by Federal Aviation Administration ("FAA") regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall only be permitted at the wireless telecommunication facility with the prior approval of the Planning and Zoning Commission.
   (l)    FCC Compliance. Prior to receiving final inspection by the Building Commissioner and authorization to commence the use, documented certification shall be submitted by the applicant that the wireless communication facility complies with all current Federal Communications Commission ("FCC") regulations for non-ionizing electromagnetic radiation (NIER).
   (m)    Advertising. No advertising shall be permitted on the wireless telecommunication facility.
   (n)    Time Limit for Commencement and Completion of Construction. After issuance of a building permit to construct a wireless telecommunication facility, the applicant shall commence construction within 180 days and shall complete construction within one year or the building permit shall expire. As a condition of issuance of the permit, the Building Commissioner shall require the applicant and the owner of the property to certify that if construction is not commenced within the 180 days or completed within one year, that the site will be available for another wireless telecommunications facility.
   (o)    Removal of Facilities.
      (1)    The owner or operator shall agree to remove a nonfunctioning wireless telecommunication facility within six (6) months of ceasing its use. The owner/operator of the antenna and/or tower shall, on no less than an annual basis from the date of issuance of the building permit, file a declaration with the Building Commissioner as to the continuing operation of every facility which is subject to this chapter. The owner/operator of the antenna and/or tower shall sign a written consent agreeing to permit an annual inspection of the wireless telecommunication facility by the Building Commissioner or his designee.
      (2)    The owner or operator shall be required, as a condition of issuance of a building permit, to post a cash or surety bond acceptable to the Director of Law of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless telecommunication tower which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed within six (6) months of cessation of use and abandonment.
(Ord. 12-97. Passed 4-22-97.)