(A) Wireless telecommunications facilities that include towers are not permitted, in single-family or two-family residential districts with the exception, of placement on any property with an institutional use (e.g., church, park, library, municipal/government, hospital, school, utility) located in, either of these two districts. However, antennas attached to existing buildings or structures are permitted. In applying for a permit in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate Nonresidential Zone.
(B) 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 divisions (B)(2), (B)(3) and (B)(4) below.
(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, 20 feet above the existing building or structure; and
(b) If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:
1. The shelter shall comply with the minimum setback requirements for the subjects zoning district;
2. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 square fee;
3. A buffer yard shall be planted in accordance with § 155.18(D) of this code; and
4. Vehicular access to the 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 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 300 feet;
(b) Maximum height:
1. Tower: 200 feet (including antenna); and
2. Equipment shelter: 30 feet.
(c) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 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; and
(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 and one-half acres.
(4) Located on a residential building. An antenna for a wireless telecommunications facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions:
(a) Maximum height: 20 feet above the existing building; and
(b) If the applicant proposed to locate the telecommunications equipment in a separate shelter (not be located in, or attached to, the building), the shelter shall comply with the following:
1. The shelter shall comply with the maximum setback requirements for the subjects zoning district;
2. The maximum size of the equipment shelter shall not exceed 300 square feet, or it there is more than one, 750 total square feet;
3. A buffer yard shall be planted in accordance with § 155.18(D) of this code; and
4. Vehicular access to the shelter shall, if at all possible, use the existing circulation system.
(5) Located in open spaces. A wireless telecommunications facility is permitted on land that has been established as permanent open spaces, or a park subject to 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:
1. Tower: 200 feet (including antenna); and
2. Equipment shelter: 30 feet.
(c) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet; and
(d) The tower shall be set back from any single-family property line 300 feet.
(Ord. 2009-06, passed 9-16-2009)