(A) Permitted uses without a special exception or an improvement location permit.
(1) Co-location: Placement of an antenna array, wireless communications facility, micro wireless facility, small cell facility and small cell network, on a legally existing or previously approved wireless communications facility, wireless communications facility with wireless support structure or wireless support structure, including water towers or other permitted structures, that does not increase the engineer certified fall zone requirement of the wireless support structure or enlarges the size of a compound is exempt from BZA approval and from the requirement to obtain an improvement location permit.
(B) Permitted uses without a special exception, but with an improvement location permit.
(1) New wireless communications facility, wireless communications facility with wireless support structure or wireless support structure are permitted uses in the A-1, A-2, C-1, C-2, C-3, M-1, M-2 and M-3 Districts, subject to all requirements of this subchapter.
(2) Attached wireless communications facility. An antenna array may be integrated with/within another existing structure (e.g., a building facade or water tower) as long as the attachment would not constitute a substantial modification.
(3) Replacement or expansion of a legal, existing wireless communications facility, wireless communications facility with wireless support structure or wireless support structure that would constitute a substantial modification. This replacement is subject to the application procedures, general requirements and abandonment provisions of this subchapter.
(4) (a) The use of cell on wheels/carrier on wheels (COW) facilities* shall be permitted in any zone district, outside of a designated floodway, after administrative review and approval, subject to all federal requirements, and meeting the following requirements:
1. Non-emergency COWs may be placed for not more than 120 consecutive days.
2. Special event COWs may be installed up to 45 consecutive days before such event, for the duration of the event, and for up to 14 consecutive days thereafter.
(b) *Exception: After a declaration of an emergency or disaster by federal, state, county government, or a determination of public necessity by the director of planning, COWs are authorized without permitting.
(C) Permitted uses with a special exception and an improvement location permit.
(1) Wireless communications facility, wireless communications facility with wireless support structure or wireless support structure are permitted in the A-1-CP, R-S, R-1 and R-2 by special exception through the Board of Zoning Appeals or by the Hearing Officer for the Board of Zoning Appeals.
(D) Conditions of approval. The following conditions apply to all permitted uses:
(1) Applicants and/or petitioners agree to make a good faith effort on terms consistent with any applicable national agreement or on terms common to the region, to accommodate requests for co-location that originate from a service provider, from the wireless communications facility owner, wireless communications facility with wireless support structure owner, wireless support structure owner, or from the Board of Zoning Appeals;
(E) Exemptions. Wireless communications facilities that serve police, fire, ambulance and other emergency dispatch; amateur (HAM) radio; antennas used solely for residential household television and radio reception and satellite dishes measuring two feet or less in diameter are exempt from the provisions of this subchapter.
(F) Prohibitions. Any wireless communications facility, wireless communications facility with wireless support structure or wireless support structure not expressly permitted under division (A), (B) or (C) are prohibited. Speculative construction of towers for future leasing (i.e., without a specific requirement for antennas at the time the application for the tower is submitted) is specifically prohibited.
(Ord. 2019-012, passed 8-21-2019)