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Clinton City Zoning Code

WIRELESS COMMUNICATION

§ 152.175 PLACEMENT OF WIRELESS COMMUNICATION TOWERS AND ANTENNAE.

   (A)   General. The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with the specific regulations for non-residential and residential districts as set forth in divisions (B) and (C) below.
      (1)   When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch is equal to 100 feet which shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
      (2)   The location of the tower and equipment shelter shall comply with any natural resources protection standards established in this Zoning Code, including those for floodplain, wetlands and steep slopes.
      (3)   Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.
      (4)   The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate by the Planning Commission:
         (a)   An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum; or
         (b)   A row of evergreen trees planted five feet on center maximum.
      (5)   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
      (6)   Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a one-half mile radius of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations and present written information regarding the collocation inquiries. The application shall not be deemed complete until this information is provided. The applicant’s letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
      (7)   All wireless telecommunications facilities shall be constructed initially with the structural capability to allow a minimum of two additional carriers to collocate on the tower. The fenced in area shall be sufficient size to accommodate the additional carriers’ equipment building(s).
      (8)   The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
      (9)   No advertising is permitted anywhere on the facility, with the exception of identification signage.
      (10)   All providers utilizing towers shall present a report to the Zoning Inspector notifying the Inspector of any tower facility located in the municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility). The facility’s owner/operator will receive written notice from the Zoning Inspector and instructed to either reactivate the facility’s use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess the property owner/operator or the landowner on which the facility exists the costs.
      (11)   The owner or operator shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Village Engineer of, not less than the amount established in the village bond and insurance schedule, per vertical foot from natural grade of the wireless communication tower which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed within six months of cessation of use and abandonment.
      (12)   No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted. No strobe lighting is permitted unless required by the FAA.
      (13)   No trespassing signs shall be posted around the facility with a telephone number of whom to contact in the event of an emergency.
      (14)   Applicants will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.
      (15)   A conditional use permit must be approved by the Planning Commission with a subsequent zoning permit issued by the Zoning Inspector. Collocation of antennas on a single tower is a permitted use and will not be subject to the conditional use permitting process.
      (16)   Regular scheduled maintenance shall be conducted on weekdays from 8:00 a.m. to 5:00 p.m. in all districts. The village shall be notified when emergency maintenance is required.
      (17)   Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.
      (18)   Underground equipment shelters are encouraged, especially in nonindustrial districts, and may be requested by the Planning Commission.
      (19)   Any wireless telecommunications facility built for or by the village for the primary purpose of police, fire and emergency communications shall be considered an essential service within the meaning of this chapter.
   (B)   CD, R-1 and I-1 Districts. Wireless telecommunications facilities proposed for CD Conservation District, R-1 Residential District and I-1 Industrial District are subject to the following conditions.
      (1)   Sole use on a lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
         (a)   Minimum lot size allowable for the district;
         (b)   Minimum yard requirements; tower: the minimum distance to any single-family or multi-family residential use or district lot line shall be equal to the vertical height of the wireless telecommunications tower plus 50 feet. Equipment shelter must comply with minimum setbacks;
         (c)   Maximum height; tower: 250 feet (includes antenna). Equipment shelter must comply with maximum building height for the district; and
         (d)   Maximum size of equipment shelter: 300 square feet for a single shelter, or, if there is more than one shelter, 750 total square feet.
      (2)   Combined with another use. A wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions.
         (a)   The existing use on the property may be any permitted use in the district or any lawful non-conforming use and need not to be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a non-conforming use.
         (b)   The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
         (c)   Minimum lot area: the minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter, security fencing and buffer planting.
         (d)   Minimum yard requirements; tower: the minimum distance to any single- family or multi-family residential use or district lot line shall be equal to the vertical height of the wireless telecommunications tower plus 50 feet. Equipment shelter shall comply with the minimum setback requirements for the primary lot.
         (e)   Access: the service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
         (f)   Maximum height; tower: 250 feet (includes antenna). Equipment shelter must comply with maximum building height for the district.
         (g)   Maximum size of equipment shelter: 300 square feet for a single shelter, or, if there is more than one shelter, 750 square feet.
      (3)   Combined with an existing structure. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions.
         (a)   Maximum height: five feet above the existing building or structure, whichever is greater.
         (b)   If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
            1.   The minimum setback requirements for the subject zoning district;
            2.   A vegetative buffer must be established;
            3.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use;
            4.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one shelter, 750 total square feet; and
            5.   Building materials used on the equipment shelter shall be similar to those used on the principal structure.
   (C)   R-2, R-3, B-1 and B-2 Districts. Wireless telecommunications facilities that include new towers are not permitted in the R-2 Medium Density, R-3 High Density, B-1 Downtown Canal District or B-2 Warwick Business District. However, antennas attached to existing buildings or structures are conditionally 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 business district. 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 tele- communications 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 division (C)(2) below.
      (2)   Combined with a non-residential use. An antenna may be attached to a non-residential 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: the antenna may not extend more than five 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 subject zoning district;
            2.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one shelter, 750 total square feet;
            3.   A vegetative buffer will be established;
            4.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principle use; and
            5.   Building materials used on the equipment shelter shall be similar to those used on the principal structure.
   (D)   Criteria for a conditional use. Wireless telecommunications facilities may be permitted as a conditional use. In order to be considered for review, the applicant must prove that a newly-constructed tower or antenna placement is necessary in that opportunities for collocation on an existing tower in the village or adjacent communities are not feasible. The following steps must also be taken for the application to be considered for review in this category:
      (1)   The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses, if applicable;
      (2)   The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant’s service area. There shall be an explanation of why a tower and this proposed site is technically necessary;
      (3)   Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility; and
      (4)   Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a one-half mile radius of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days. The applicant’s letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
(Prior Code, § 1129.01) (Ord. O-18-20, passed 11-20-2018)