§ 154.06 ADMINISTRATIVELY APPROVED USES.
   (A)   General. The provisions set forth in this section shall govern the issuance of administrative approvals for towers and antennas.
(Prior Code, § 49.530)
   (B)   Approval by Zoning Administrator. The Zoning Administrator may administratively approve the uses listed in this section.
(Prior Code, § 49.531)
   (C)   Application and fee. Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in § 154.07(B) and (D) and a nonrefundable fee in the amount of $500 to reimburse the township for the costs of reviewing the application.
(Prior Code, § 49.532)
   (D)   Review by Zoning Administrator. The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with §§ 154.04 and 154.07(E), (F), (G) and (H).
(Prior Code, § 49.533)
   (E)   Response by Zoning Administrator. The Zoning Administrator shall respond to each such application with 60 days after receiving it by either approving or denying the application. If the Zoning Administrator fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.
(Prior Code, § 49.534)
   (F)   Waiver of setbacks. In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in § 154.07(E) or separation distances between towers in § 154.07(F), (G) and (H) by up to 50%.
(Prior Code, § 49.535)
   (G)   Reconstruction of existing tower. In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(Prior Code, § 49.536)
   (H)   Prior to appeal upon denial. If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to § 154.08 prior to filing any appeal that may be available under the zoning regulations in Chapter 156 of this code of ordinances.
(Prior Code, § 49.537)
   (I)   List of administratively approved uses. The uses listed in divisions (J) through (M) below may be approved by the Zoning Administrator after conducting an administrative review.
(Prior Code, § 49.538)
   (J)   Industrial or General Business District. Any antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, may be approved by the Zoning Administrator if it is located in an Industrial District or General Business District.
(Prior Code, § 49.539)
   (K)   Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, manufacturing, professional, institutional or multi-family structure of eight or more dwelling units, provided as follows:
      (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.
(Prior Code, § 49.540)
   (L)   Antennas on existing towers. Any antenna which is attached to an existing tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following.
      (1)   A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole.
      (2)   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 collocation of an additional antenna.
      (3)   The height change referred to in division (L)(2) above may only occur one time per communication tower.
      (4)   The additional height referred to in division (L)(2) above shall not require an additional distance separation as set forth in § 154.07. The tower’s premodification height shall be used to calculate such distance separations.
      (5)   A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.
       (6)   After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
       (7)   (a)   A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 154.07(F), (G) and (H).
         (b)   The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 154.07(F), (G) and (H).
      (8)   The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in § 154.07(F), (G) and (H) shall only be permitted when approved by the Zoning Administrator.
(Prior Code, § 49.541)
   (M)   New towers in nonresidential zoning districts. Any new tower in a nonresidential zoning district other than any Industrial District or General Business District may be approved by the Zoning Administrator provided that: a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; that the Zoning Administrator concludes the tower is in conformity with the goals set forth in § 154.01 and the requirements of § 154.04; that the tower meets the setback requirements in § 154.07(E) and separation distances in § 154.07(F), (G) and (H); and that the tower meets the following height and usage criteria:
      (1)   For a single user, up to 90 feet in height;
      (2)   For two users, up to 120 feet in height;
      (3)   For three or more users, up to 150 feet in height;
      (4)   Locating any alternative tower structure in a zoning district other than any Industrial District or General Business District that in the judgment of the Zoning Administrator is in conformity with the goals set forth in § 154.01; and
      (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.
(Prior Code, § 49.542)
(Ord. 121800, eff. 1-18-2001)