(a) Wireless Telecommunications Facilities that include Towers are not permitted in single-family or two-family residential districts designated as R-1, R-2, R-3, R-5 with the exception of placement on any property with an institutional use (e.g., church, park, library, municipal/government, hospital, school, utility) located in those districts. However, antennas attached to existing buildings or structures are permitted. In applying for a permit in any residential district, (see Section 721.07) the applicant must present sufficient evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone. Once those efforts have been exhausted, a Wireless Telecommunications 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 and necessary maintenance. This shall apply to subsections (a)(2), (3), (4) and (5) hereof.
(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 (20) feet above the existing building or structure.
B. If the applicant proposes to locate the telecommunications equipment in a separate Equipment Shelter, the Equipment Shelter shall comply with the following.
1. The Equipment Shelter shall comply with the minimum setback requirements for the subject zoning district.
2. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one, 800 total square feet.
3. A buffer yard shall be planted in accordance with Section 721.04(b)(6).
4. Vehicular access to the Equipment Shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(3) Located on a nonresidential - use property. A Tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, hospital, school, 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 single-family or two-family residential lot by 200 feet.
B. Maximum height.
Tower: 200 feet (includes antenna)
Equipment Shelter: (include the maximum building height for the district)
C. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one, 800 total square feet.
D. Vehicular access to the Tower and Equipment Shelter 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 2.5 acres, or as otherwise determined by the Planning Commission.
(4) Located on a residential building. An antenna for a Wireless Telecommunications Facility may be attached to a mid-rise or high-rise multi-family apartment building subject to the following conditions:
A. Maximum height. Twenty (20) feet above the existing building.
B. If the applicant proposes to locate the telecommunications equipment in a separate Equipment Shelter (not located in, or attached to, the building), the Equipment Shelter shall comply with the following:
1. The shelter shall comply with the maximum setback requirements for the subject zoning district.
2. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one, 800 total square feet.
3. A buffer yard shall be planted in accordance with Section 721.04(b)(6).
4. Vehicular access to the Equipment Shelter shall, if at all possible, use the existing circulation system.
(5) Located in open space. 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 association, charitable organization, or a private, non-profit conservation organization.
B. Maximum height.
Tower: 200 feet (includes antenna)
Equipment Shelter: (include the maximum building height for the district)
C. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one, 800 total square feet.
D. The Tower shall be set back from any single-family or two-family property line 200 feet.
(Ord. 98-013. Passed 5-6-98.)