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1243.05 USE REGULATIONS.
A. Conditionally permitted use.
1. Antenna(e). The erection or construction of a Wireless Telecommunication Antenna(e) on an existing Wireless Telecommunication Tower may be permitted as an accessory use as a Co-location on such a Tower provided that all electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing Equipment Shelter or as such Shelter may be expanded. Such use may be approved by the City Planning Commission upon submission of an application to the Zoning Administrator which meets all applicable regulations of this Chapter related to the placement of the Wireless Telecommunication Equipment and related Facilities associated with such Antenna(e), as well as the regulations in Section 1213.05.
2. Towers. A Wireless Telecommunication Tower may be permitted as a conditional use only in the areas indicated as a WTFO District on the Zoning Map in the following Districts: C2 - General Commercial; C3 - Business Commercial; O - Office, and I - Institutions. Such use may be approved by the City Planning Commission upon submission of an application to the Zoning Administrator, provided the applicant demonstrates compliance with each of the following Co-location requirements in this Section, as well as the standards set forth in Sections 1243.05 and 1213.05 of the Zoning Ordinance:
a. There is no Technically Suitable space for the applicant’s Antenna(e) and related Facilities reasonably available on an existing Tower, building or structure within the geographic area to be served. With the application, the applicant shall list the location of every Tower, building or structure within five (5) miles of the proposed site that could support the proposed Antenna(e) 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 or cannot reasonably be modified on an existing Tower, building or structure. If another existing Tower, building or structure is Technically Suitable, the applicant must demonstrate that it has requested to Co-locate on the existing Tower, building or structure and the Co-location request was rejected by the owner of the Tower, building or structure. In all circumstances, owners of existing Towers shall promptly respond in writing to requests for Co-location, but in no event shall they respond more than thirty (30) days from the date of receipt of a written request for Co-location. If another Tower, building or structure is Technically Suitable, the applicant must further show that it has offered to allow the owner of that other Tower, building or structure to Co-locate an Antenna(e) on another Tower, building or structure which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted.
b. All applicants for construction or erection of Wireless Telecommunication Towers shall be required to construct on a base Tower structure and structure foundation that is designed to be buildable up to, but not including one hundred and seventy (170) feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three (3) Antenna platforms or Antenna arrays of equal loading capacity for three (3) separate providers of service to be located on the structure when constructed to the maximum allowable height. The Wireless Telecommunication Facility shall also be designed to show that the applicant has enough space on its site plan for an Equipment Shelter large enough to accommodate at least three (3) separate users of the Facility. If an Equipment Shelter is initially constructed to accommodate only one (1) user, space shall be reserved on site for Equipment Shelter expansions to accommodate up to at least three (3) separate users. Agreement to the provisions of this subsection must be included in the applicant’s lease with the landowner, if different from the owner/user of the Tower. Written documentation must be presented to the Zoning Administrator evidencing that the landowner of the property on which the Tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding Co-location of another user of the Facility within thirty (30) days after receipt of a written inquiry. Copies of all written requests to Collocate and all written responses shall be sent to the Zoning Administrator.
B. Permitted Accessory Use. The installation of a Wireless Telecommunication Antenna(e) where the construction or erection of a Tower is not proposed by the applicant, shall be permitted as an accessory use on existing buildings or structures in any of the following zoning districts in the City: Office, Commercial, Institutional, Apartment and Multiple-Family. In addition, all Wireless Telecommunication Facilities shall not be located greater than ten (10) feet above the roofline of an existing building or structure to which it is attached. All electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing building or structure, if possible. Any Equipment Shelter shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building or as may otherwise be required by Sections 1225.09B, 1230.10D, 1231.10B, 1232.10B, 1233.09B, 1234.10C and 1240.11B, as applicable. To the extent the remaining standards of this Chapter are applicable to the situation involving the installation of a Wireless Telecommunication Antenna(e) on an existing building or structure, such standards shall govern the installation.