Guttenberg City Zoning Code
§ 28-31.5
Zones Where Permitted; Permitted and Conditional Uses.
[Ord. No. 005-10 § I, 28-31.5]
a.
Wireless telecommunications facilities operated under the regulations of the FCC and/or the Federal Telecommunications Act of 1996 shall be permitted in certain zoning districts in accordance with the provisions set forth in this section, subject to site plan review and approval.
b.
Wireless telecommunications facilities not expressly permitted are hereby prohibited.
c.
Wireless Telecommunications Facilities as a Permitted Use. A wireless telecommunications facility located on a property owned, leased or otherwise controlled by the governing authority shall be considered a permitted use, in accordance with the following provisions and exemptions:
1.
A lease authorizing such wireless telecommunications facility shall be approved by resolution of the governing authority. The decision to extend such leases to an applicant or carrier shall be vested solely with the governing authority.
2.
Site plan approval requirements of this section may be exempted; however, the governing authority may, as a condition of such lease, require site plan approval.
3.
The facility shall be exempt from all zoning/bulk standards except that towers and antennas shall not exceed maximum height restrictions established in this section for a permitted use. Performance and design standards shall be applicable.
d.
Wireless Telecommunications Facilities as a Conditional Use. Certain types of wireless telecommunications facilities shall be permitted as a conditional use in certain zones specified as follows:
1.
Permitted as a conditional use in the following zones:
(a)
R-2 High Density Residential.
(b)
R-4 Mid-Rise Mixed-Use.
(c)
C Commercial.
2.
Types of wireless telecommunications facilities permitted as a conditional use are limited to antenna arrays mounted on:
(a)
Existing towers;
(b)
Existing buildings;
(c)
Existing alternative tower structures; or
(d)
A reconstructed tower.
