The siting of wireless communications facilities within the city limits, and the maintenance, modification, operation, and replacement of such facilities, shall be considered either a permitted use, a conditional use, or a special exception as indicated in the table below. Uses not specifically listed below are prohibited.

(Ord. No. 21-21, § 3, 5-17-21)

No person shall install, modify, or remove a vertical support structure within the city limits, that is to be used for or is currently being used for the operation of a wireless telecommunications facility, without first obtaining administrative approval under this article.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

Conditional use. Use shall be approved by the zoning administrator, subject to appeal to the board of zoning appeals, when the application is complete, meets all applicable provisions of Article XI.3 and all applicable development standards for the zoning district in which the facility is sought to be sited, and there is sufficient evidence that the siting of the wireless facility will meet the following conditions:

(a)

That the use will be an enhancement to the character and sense of place of the area in which it is to be located;

(b)

That the use has taken measures to not be injurious to adjoining property, including, but not limited to controlling of all elements that produce light and noise, so as not to create nuisance conditions off-site;

(c)

That the use will contribute to the economic vitality and promote the general welfare of the community;

(d)

That the use is compatible to the purpose of the district as set forth in chapter 23, zoning; and

(e)

That the use will not discourage or negate the use of surrounding property for use(s) permitted by right.

(2)

Permitted use. Use shall be approved by the planning department when the application is complete and meets all applicable provisions of Article XI.3 of and all applicable development standards for the zoning district in which the facility is sought to be sited.

(3)

Special exception. Owing to their potential negative impact on the community and surrounding areas, the siting of a wireless facility may be approved by the board of zoning appeals in accordance with the process set forth in section 23-160 when the application is complete, meets all applicable provisions of Article XI.3 and all applicable development standards for the district in which the facility is sought to be sited, and there is sufficient evidence that the siting of the wireless facility will meet the following conditions:

(a)

That the special exception will be in substantial harmony with the area in which it is to be located;

(b)

That the special exception will not be injurious to adjoining property;

(c)

That the special exception will contribute to the economic vitality and promote the general welfare of the community; and

(d)

That the special exception will not discourage or negate the use of surrounding property for use(s) permitted by right.

In approving a special exception, the board of zoning appeals may impose such reasonable and additional stipulations, conditions, or safeguards as, in its judgement, will enhance the siting of the telecommunications facility. In addition, the board of zoning appeals shall either approve the application for the special exception as presented, approve the application with specified modifications, or disapprove the application.

(4)

Variances. The board of zoning appeals may grant a variance from the requirements of this article. in accordance with and pursuant to section 23-161(2) when strict application of the provisions of this wireless telecommunications facilities ordinance would result in unnecessary hardship and the board makes and explains in writing the following findings:

(a)

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

(b)

The conditions do not generally apply to other property in the vicinity;

(c)

Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

(d)

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

(Ord. No. 21-21, § 3, 5-17-21)

Subject to the additional requirements below and following review by the planning department, the following wireless communication facilities used for public/private use shall be approved as a permitted use in all zoning districts when the application is complete and meets all applicable provisions of Article XI.3 and all applicable development standards for the zoning district in which the facility is sought to be sited:

(a)

Antennas on public water storage facilities, and other vertical support structures located on city-owned public property, subject to engineering approval and the entry into a city lease or license agreement and subject to the facility also being capable of accommodating essential public communication equipment; and

(b)

New and existing vertical support structures accommodating "micro-cell," "small cell," or "distributed antenna system" equipment located on city-owned public property, subject to engineering approval and a city lease or license agreement and subject to the facility also being capable of accommodating essential public communication equipment or services.

(Ord. No. 21-21, § 3, 5-17-21)

Following review and approval by the city's planning commission under Code Chapter 20—Land Development Regulations, small wireless communication facilities may be allowed in private ROWs when the application is complete and meets all applicable provisions of Article XI.3 and all applicable development standards for the zoning district in which the facility is sought to be sited.

(Ord. No. 21-21, § 3, 5-17-21)