CHAPTER 1161
Cellular Tower Regulations
1161.01   Purpose.
1161.02    Use regulations.
CROSS REFERENCES
         Definitions - see P. & Z. Ch. 1103
   1161.01  PURPOSE.
   Wireless telecommunications facilities are permitted as conditional uses in a variety of zoning districts contingent upon a number of specific conditions and requirements being met. These criteria are in place in an attempt to minimize an adverse health, safety, public welfare or visual impact through buffering, siting, design and construction, and reducing the need for new towers.
(Ord. 1998-16. Passed 1-26-98.)
   1161.02 USE REGULATIONS.
   Wireless telecommunications facilities are permitted under varying conditions dependent upon the zoning district in which they are to be located. The following subsections spell out these conditions. The first subsection lists requirements to be met by a wireless telecommunications facility regardless of the district in which it is to be located. The second subsection specifies requirements necessary for a location in a nonresidential district. The third subsection involves conditions to be met for location in a residential district.
   (a)   General. The items listed below apply to all wireless telecommunications facilities independent of the zoning district in which they are to be located. These general standards are to be supplemented with the provisions for the  particular applications specified in subsections (b) and (c) which follow.
      (1)   A plot plan including all building uses within 500 feet shall be required at a scale not less than one inch is equal to 100 feet.
      (2)   The location of the tower and equipment building shall comply with all natural resource protection standards established in this chapter including floodplain, wetlands and steep slope regulations.
      (3)   A security fence eight feet in height with barbed wire around the top shall completely surround the tower, equipment building and any guy wires. Each structure may be separately fenced.
      (4)   The applicant shall comply with all site plan review requests set forth in Chapter 1152 of the Codified Ordinances.
      (5)   Buffer plantings shall be located around the perimeter of the security fence as follows:
         A.   An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum and maintained on a regular basis.
         B.   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
      (6)   A report prepared by a licensed professional engineer shall be included with the submitted application and shall contain the height, design, proof of compliance with nationally-accepted structural standards and the number and types of antennas it can accommodate.
      (7)   A soil report shall be submitted to the Municipality to document and  verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.
      (8)   Towers and antennae shall be designed to withstand wind gusts of at  least 100 miles per hour.
      (9)   If requested by the City's police and/or fire departments, a disaster  warning system shall be placed on the tower at the owner's expense.
      (10)   The tower shall be painted a non-contrasting gray or similar color  minimizing its visibility, unless otherwise required by Federal  Communications Commission (FCC) or Federal Aviation  Administration (FAA).
      (11)   No advertising is permitted anywhere on the facility.
      (12)   If at any time after initial use, the use of the facility is discontinued  for 180 days, the Building Inspector may declare the facility abandoned. The facility's owner/operator will be contacted and instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the conditional use permit will expire on the 181St  day.
      (13)   The tower shall not be artificially lighted except to:
         A.   Assure safety  or as required by the FAA; and/or
         B.   Permit security lighting.
      (14)   Warning signs shall be posted around the facility with an emergency telephone number of who to contact in the event of an emergency.
      (15)   The facility owner/operator shall present a maintenance plan in which they will be responsible for the upkeep of the site.
      (16)   A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
      (17)   A Conditional Use Permit must be approved by the Planning and Zoning Commission with a subsequent Building Permit issued by the Building Inspector. Collocated antennas, antennas attached to existing structures or building and towers located in residential districts are permitted uses and shall not be subjected to the conditional use permit process.
      (18)   Collocation is highly encouraged. The applicant must demonstrate that there is no other place available either on an existing tower or structure in the service area. A list of every tower building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the municipality on reciprocal terms and was not accepted.
   (b)   Nonresidential Districts.  A wireless telecommunications facility is permitted in the following zoning districts: Industrial Research and Office District (I-1), Highway Interchange  Commercial (C-3) and Business District (as determined by the municipality)  subject to the following conditions:
      (1)   Sole use on a lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
         A.   Minimum Lot Size. The applicant shall meet minimum lot size allowable for the specific requirements of the zoning district.
         B.   Minimum Yard Requirements.
            1.   Tower. The minimum distance to nearby structures shall be equal to the height of the tower; the minimum distance to a residential lot line shall be 300 feet.
            2.   Equipment Building. The applicant shall comply with the minimum setbacks/yard requirements for the district.
         C.   Maximum Height.
            1.   Tower. 300 feet (includes antenna)
            2.   Equipment  Building. 34 feet
         D.   Maximum Size of Equipment Building. 750 square feet
      (2)   Combined with another use. A wireless telecommunications facility is permitted on a property with an existing use, or on a vacant parcel subject to the following conditions:
         A.   The existing use on the property may be permitted use in the district or any lawful nonconforming use, and need not be  affiliated with the wireless telecommunications provider.
         B.   The cellular telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
         C.   Minimum Area. The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner of the  telecommunications facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.
         D.   Minimum Yard Requirements.
            1.   Tower. The minimum distance to nearby structures is equal to the height of the tower; the minimum distance to residential lot lines shall be 300 feet.
            2.   Equipment Building. The equipment building shall comply with the minimum setback  requirements for the primary lot of the specific zoning district.
         E.   Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
         F.   Maximum Height.
            1.   Tower. 300 feet (includes antenna)
            2.   Equipment Building. 34 feet
         G.   Maximum Size of Equipment Building. 750 square feet.
      (3)   Combined with an existing structure. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
         A.   Maximum Height.  Twenty Feet or 20% of the building height above the existing building or structure, whichever is greater.
         B.   If the applicant proposes to locate the telecommunications equipment in a separate building, excepting towers located on rooftops, the building shall comply with the following:
            1.   The minimum setback requirements for the specific zoning district.
            2.   An eight foot high security fence with barbed wire on top shall surround the building.
            3.   A buffer yard shall be planted in accordance with subsection (a)(5) hereof.
            4.   Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
         C.   Elevations of existing and proposed structures showing width, depth, height of the telecommunications facility and the statistical use data on the antenna and support structure shall be presented.
   (c)   Residential Districts. Wireless telecommunications facilities, on a pole, lattice and/or guyed facilities, are not permitted in the Open Space Conservation District (O-C), Rural Residential District (R-R), Light Density Residential District (R-1A), Low Density Urban Residential District (R-1), and Medium Density Urban Residential District (R-2), excepting such facilities are permitted on any property containing an institutional use (e.g., church, municipal, government, utility) located in the residential district. In applying for a permit in any residential district, the applicant shall establish by clear and convincing evidence, substantial due diligence to locate in a nonresidential district and that no feasible alternative sites are available. If those efforts have been exhausted, the applicant must establish by clear and convincing evidence that this site within the residential district is the only feasible site. A wireless tele-communications facility may be located in a residential district subject to the following conditions:
      (1)   General. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance. This shall apply to subsections (2), (3) and (4) hereof.
         Collocation is highly encouraged. The applicant must demonstrate that there is no other space available either on an existing tower or structure in the service area. A list of every tower or building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the municipality on reciprocal terms and was not accepted.
      (2)   Combined with a nonresidential use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district, including, but not limited to, a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility. The following conditions shall be met:
         A.   Maximum height. Twenty feet above the existing building or structure.
         B.   If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:
            1.   The building shall comply with the minimum setback requirements for the subject zoning district.
            2.   The equipment building should not exceed 750 square feet, or the maximum square footage allowable for an “accessory” structure.
            3.   An eight foot high security fence with barbed wire on top shall surround the building.
            4.   A buffer yard shall be planted in accordance with subsection (a)(5) hereof.
            5.   Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
      (3)   Located on a nonresidential property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a conditionally permitted or permitted use in the district including, but not limited to, a church, municipal or government building, facility or structure, agricultural use and a utility use, subject to the following conditions:
         A.   The tower shall be set back from any property line abutting a residential lot a distance that is equal to the height of the tower.
         B.   Maximum Height.
            1.   Tower.  300 feet
            2.   Building Equipment.  34 feet
         C.   The equipment building should not exceed 750 square feet.
         D.   Vehicular access to the tower and equipment shall, whenever feasible, be provided along the circulation driveways of the existing use.
         E.   In order to locate a telecommunications facility on a property that is vacant or with an agricultural use, the tract shall be at least two acres.
      (4)   Located in open space. A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:
         A.   The open space shall be owned by the municipality, county or state government, a homeowners associations, or a private non-profit conservation organization.
         B.   Maximum Height.
            1.   Tower. 300 feet
            2.   Equipment Building. 34 feet
         C.   The equipment building shall not exceed 750 square feet.
         D.   The tower shall be set back from any property line a distance that is at least equal to the height of the tower. The tower shall also be set back from any active recreation facilities or fields a distance that is at least equal to the height of the tower.
   (d)   Criteria For a Conditional Use. This section shall be in addition to the requirements set forth in Sections 1153.01 to 1153.04, incorporated herein by reference.
   A wireless telecommunications facility may be permitted as a conditional use in a residential, commercial or industrial district subject to all applicable provisions within this chapter and in compliance with the Zoning Code. In order to be considered for review, the applicant needs to prove by clear and convincing evidence that a newly-constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible. Collocation is highly encouraged. The applicant must demonstrate that there is no other space available on an existing tower or structure in the service area. A list of every tower building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the Municipality on reciprocal terms and was not accepted. The following steps must also be taken for the application to be considered for review in this category:
      (1)   The applicant shall present documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers.
      (2)    The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.
      (3)   The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
      (4)   The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to service the applicant's service area. If the facility includes a tower, there shall be an explanation of why other nearby structures, if any, cannot be used to support the antenna. Collocation is highly encouraged. The applicant must demonstrate that there is no other space available on an existing tower or structure in the service area. A list of every tower building or structure that could potentially support a new antenna and provide service to the area is maintained by the Service Department. Any applicant for construction of an new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the Municipality on reciprocal terms and was not accepted.
      (5)   Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
      (6)   The facility must meet electromagnetic emissions standards established by the FCC.
         (Ord. 1998-16. Passed 1-26-98.)