(a) A wireless telecommunications tower or facility may be considered in the following areas as a conditional use when approved by the Planning and Zoning Commission according to the procedures set forth in the specified Sections of Chapter 1115, Conditional Use Certificates: 1115.01 - Purpose; 1115.02 - Preapplication Meeting; 1115.03 - Submission of Application; 1115.04 - Conditional Use Application Procedures; 1115.05 - Review of Conditional Use Application; 1115.07 - Action by Planning and Zoning commission; 1115.08 - Terms and Duration of conditional Use Certificate; 1115.09 - Reapplication and 1115.10 - Similar Uses.
(b) The Public Hearing and Notice by Planning and Zoning Commission for a wireless telecommunications tower or facility shall be as follows: The Planning and Zoning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given by first class mail to the applicant and to the Willoughby Hills property owners within two thousand six hundred and forty (2,640) feet of the property on which the use is proposed. The cost of postage is to be paid for by the applicant. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given in one or more newspapers of general circulation in the City. All notices shall be made at least fourteen (14) days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(c) When considering an application, the Planning and Zoning Commission shall determine that the application demonstrates compliance with the standards set forth in Section 1161.05 as well as the standards set forth in Chapter 1147, Conditional Use Regulations, and the applicant has demonstrated that more preferred locations are not technically suitable. Efforts shall be made to locate the towers in the order of priority listed.
(1) New wireless telecommunication towers can be located in B-2, B-3, E, and I-1 districts when said tower is two hundred (200) feet from residential property and shall be subject to the regulations set forth in this Chapter.
(2) New wireless telecommunication facility that includes a tower shall not be permitted in a single-family or multi-family residential district with the exception of placement on any property with an institutional use (e.g. church, park, library, municipal government, hospital, school, utility) located in these 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.
(Ord. 2017-10. Passed 4-27-17.)