(a) Statement of Purpose and Effect. The WTTO Wireless Telecommunication Tower Overlay District is established to provide for the construction and use of wireless telecommunication towers and facilities as a permitted use, conditional use, or accessory use, depending upon the specific land areas of the City and circumstances in which they are proposed to be located. The purpose of the Overlay District is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104) and the interests of the City in regulating wireless telecommunication towers and related facilities for the following reasons: to provide for orderly development within the City; to protect property values; to maintain the aesthetic appearance of the City; to provide for and protect the health, safety and general welfare of the residents of the City; to protect residential properties, parks, open spaces, and the commercial zoning districts from the adverse effects of towers and related facilities; to promote collocation of wireless telecommunication facilities in order to decrease the number of towers in the City; and to maintain, where possible, the integrity of existing zoning regulations contained in this Zoning Code.
The Wireless Telecommunication Tower Overlay District regulations shall control and supersede wherever they are inconsistent with other provisions of this Zoning Code. If no inconsistency exists between the provisions of this Overlay District and the provisions of the underlying zoning district, the underlying zoning district regulations and other provisions of this Zoning Code shall remain in full force and effect and shall regulate all land use and development.
The Wireless Telecommunication Tower Overlay District establishes a hierarchy of acceptable land areas for location of wireless telecommunication towers and related facilities through the establishment of such use as a permitted use in certain land areas, as a conditional use in other land areas or as an accessory use for the erection of antennas on existing structures, which determination is dependent upon the location and characteristics of such land areas.
(b) Permitted Use. A wireless telecommunication tower facility may be permitted on any property owned or controlled by the City under such terms and conditions as approved by the City Council and consistent with the minimum standards set forth in Section 1156.03.
(c) Conditional Use. A wireless telecommunication tower facility may be a conditional use in an Industrial District only in the areas set forth on the Zoning Map that are within a WTTO District and upon the approval of the Building and Zoning Board of Appeals, provided the applicant demonstrates compliance with all of the standards set forth in Sections 1156.02 and 1156.03.
(d) Accessory Use. Regardless of whether an existing wireless telecommunication tower is a conditional use, the erection or construction of a wireless telecommunication antenna(s) on an already existing wireless telecommunication tower shall be a permitted accessory use as a collocation on such a tower and shall be approved upon submission of an application for a zoning certificate to the Code Enforcement Officer, which meets all applicable regulations set forth in subsection (e) hereof relating to the placement of the wireless telecommunication equipment and related facilities associated with such antenna(s).
(f) Zoning Certificate Fees. The Code Enforcement Officer shall collect the fees for applications for zoning certificates as required by Section 1133.03.
(Ord. 4742. Passed 6-21-99.)