(A) General. The following provisions shall govern the issuance of administrative approvals for towers and antennas:
(1) The Community Development Director may administratively approve the uses listed in this section.
(2) Each applicant for administrative approval shall apply to the Community Development Director, providing the information set forth in § 153.341(B)(1) and (B)(3), and a non-refundable fee as established by resolution of City Council to reimburse the city for the costs of reviewing the application.
(3) The Community Development Director shall review the application for administrative approval and determine if the proposed use complies with §§ 153.338 and 153.341(B)(4) and (B)(5) of this subchapter.
(4) The Community Development Director shall respond to each application within 60 days after receiving a complete application by either approving, conditionally approving or disapproving the application. If the Community Development Director fails to respond to the applicant within 60 days, then the application shall be forwarded to the Planning Commission for consideration.
(5) In connection with any administrative approval, the Community Development Director may, in order to encourage shared use, administratively waive any zoning district setback requirements as set forth in § 153.341(B)(4), or separation distances between towers as set forth in § 153.341(B)(5) by up to 50%.
(6) In connection with any administrative approval, the Community Development Director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(7) If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to § 153.341 prior to filing any appeal that may be available under the Zoning Ordinance.
(B) List of administratively approved uses. The following uses may be approved by the Community Development Director after conducting an administrative review:
(1) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna, in any M-1, M-2, or C-M Zone District.
(2) Locating antennas on existing structures or towers consistent with the terms of divisions (B)(2)(a) and (B)(2)(b) below.
(a) Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Community Development Director as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:
1. The antenna does not extend more than 30 feet above the highest point of the structure;
2. The antenna complies with all applicable FCC and FAA regulations; and
3. The antenna complies with all applicable building codes.
(b) Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Community Development Director and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided colocation is accomplished in a manner consistent with the following:
1. A tower which is modified or reconstructed to accommodate the colocation of an additional antenna shall be of the same tower type as the existing tower, unless the Community Development Director allows reconstruction as a monopole.
2. Height.
a. An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the colocation of an additional antenna.
b. The height change referred to above may only occur one time per communication tower.
c. The additional height referred to above shall not require an additional distance separation as set forth in § 153.341. The tower's pre-modification height shall be used to calculate such distance separations.
3. Onsite location.
a. A tower which is being rebuilt to accommodate the colocation of an additional antenna may be moved onsite within 50 feet of its existing location.
b. After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.
c. A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 153.341(B)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 153.341(B)(5).
d. The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in § 153.341(B)(5) shall only be permitted when approved by the Community Development Director.
(3) New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than M-1, M-2, and C-M, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Community Development Director concludes the tower is in conformity with the goals set forth in § 153.335 and the requirements of § 153.338; the tower meets the setback requirements set forth in § 153.341(B)(4) and separation distances set forth in § 153.341(B)(5); and the tower meets the following height and usage criteria:
(a) For a single user, up to 70 feet in height;
(b) For two users, up to 90 feet in height; and
(c) For three or more users, up to 100 feet in height.
(4) Locating any alternative tower structure in a zoning district other than M-1, M-2, or C-M, that in the judgment of the Community Development Director is in conformity with the goals set forth in § 153.335.
(5) Installing a cable microcell network through the use of multiple low-powered transmitters/ receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(Ord. 99-07, passed 6-28-99) Penalty, see § 10.99