The following definitions apply to all provisions in this Zoning Code relating to wireless telecommunications facilities:

   (a)   “Collocation” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

   (b)   “Lattice tower” means a support structure constructed of vertical metal struts and cross-braces forming a triangular or square structure, which often tapers from the foundation to the top.

   (c)   “Monopole” means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

   (d)   “Open space” means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped, which land may be specified on a zoning map.

   (e)   “Telecommunications” means the technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.

(Ord. 56-1997. Passed 7-14-97.)

   The following requirements shall apply to all wireless telecommunications facilities, regardless of the zoning district in which they are to be located:

   (a)   When the proposed wireless telecommunications facility is to include a new tower, a plot plan, at a scale of not less than one inch equals 100 feet, 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.

   (b)   The location of the tower and equipment shelter shall comply with all natural resource protection standards established in this Zoning Code, including those for floodplains, wetlands and steep slopes.

   (c)   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.

   (d)   The following buffer plantings may be located around the perimeter of the security fence, as deemed appropriate by the Planning Commission (and by Council for a special planned development): An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees, planted five feet on center maximum.

   (e)   Existing vegetation, i.e. trees and shrubs, shall be preserved to the maximum extent possible.

   (f)   Any applicant requesting permission to install a new tower shall provide evidence of a written contact with all wireless service providers who supply service within a fourth of a mile 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 thirty days. The letters and responses shall be presented to the Planning Commission (and to Council for a special planned development) as a means of demonstrating the need for a new tower.

   (g)   Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district, shall be subject to review by the Planning Commission (and by Council for a special planned development).

   (h)   The tower shall be painted a noncontrasting gray or a similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

   (i)   No advertising is permitted anywhere on the facility, with the exception of identification signage.

   (j)   All providers utilizing towers shall present a report to a Building and Zoning Inspector notifying him or her of any tower facility located in the Municipality whose use will be discontinued and the date such use will cease. If, at any time, the use of a facility is discontinued for 180 days, the City Administration may declare the facility abandoned. The facility’s owner/operator will receive written notice from a Building and Zoning Inspector and shall be 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 City will remove, or will contract to have removed, the facility and shall assess the owner/operator the costs. The owner/operator shall post a bond in a form and in an amount sufficient to ensure compliance herewith, to be determined and approved by the City Solicitor and the Municipal Engineer.

   (k)   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.

   (l)   “No Trespassing” signs shall be posted around the facility with the telephone number of the person to contact in the event of an emergency.

   (m)   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.

   (n)   A site plan must be approved by the Planning Commission, and a development with a subsequent building permit issued by a Building and Zoning Inspector for the construction of new towers, the collocation of antennas on a single tower, antennas attached to existing structures or buildings, or replacement towers to be constructed at the site of a current tower, shall also comply with such procedures.

      (1)   An applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.

      (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 are 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 has entered into a lease for the proposed facility and that vehicular access is provided to the facility.

      (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 fourth of a mile 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 thirty days. The applicant’s letters and responses shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

   (o)   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 (and of Council for a special planned development).

(Ord. 56-1997. Passed 7-14-97.)

   Wireless telecommunications facilities proposed for special planned developments in commercial districts and for industrial zoning districts are subject to the following conditions:

   (a)   Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot, subject to the following:

      (1)   Minimum lot size. As prescribed by the applicable district regulations.

      (2)   Minimum yard requirements.

         A.   Tower. The minimum distance to any one or two-family residential use or district lot line shall be 300 feet.

         B.   Equipment shelter. The minimum setbacks/yard requirements for the applicable district.

      (3)   Maximum height.

         A.   Tower. 200 feet, including the antenna.

         B.   Equipment shelter. The maximum building height for the applicable district.

      (4)   Maximum size of equipment shelter. 375 square feet for a single shelter, or, if there is more than one, 750 total square feet.

   (b)   Combined With Another Use. A wireless telecommunications facility is permitted on a property with an existing use, subject to the following conditions:

      (1)   Permitted existing use. The existing use on the property may be any permitted use in the district, or any lawful non-conforming use, and need not be affiliated with the wireless telecommunications provider. The wireless tele-communications facility will not be considered an addition to the structure or value of a non-conforming use.

      (2)   Automation required. 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.

      (3)   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.

      (4)   Minimum yard requirements.

         A.   Tower. The minimum distance to any one or two-family residential use or district lot line shall be 300 feet.

         B.   Equipment shelter. The minimum setback requirements for the primary lot.

      (5)   Access. The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

      (6)   Maximum height.

         A.   Tower. 200 feet, including the antenna.

         B.   Equipment shelter. The maximum building height for the applicable district.

      (7)   Maximum size of equipment shelter. 375 square feet for a single shelter, or, if there is more than one, 750 total square feet.

   (c)   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:

      (1)   The maximum height of the structure or building shall be twenty feet or twenty percent of the building height above the existing building or structure, whichever is greater.

      (2)   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:

         A.   The minimum setback requirements for the district shall apply.

         B.   A buffer yard may be planted in accordance with Section 1294.02(d).

         C.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

         D.   The maximum size of the equipment shelter shall be 375 square feet, or, if there is more than one, 750 total square feet.

(Ord. 56-1997. Passed 7-14-97.)

   Wireless telecommunications facilities are not permitted in Residence Districts, except as provided in this section. In applying for a permit in any Residence District, an applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone. Once those efforts have been exhausted, a wireless telecommunications facility may be located in a Residence District as a special planned development, subject to the following conditions:

   (a)   In General. The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic and necessary maintenance. Such requirement shall also apply to subsections (b) through (e) hereof.

   (b)   Combined With a Nonresidential Use. An antenna may be attached to a nonresidential building or structure that is a permitted use in the district, including, but not limited to, a church, a municipal or governmental building or facility, an agricultural building and a building or structure owned by a utility. The following conditions shall be met:

      (1)   The maximum height of an antenna shall be twenty feet above the existing building or structure.

      (2)   If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:

         A.   The shelter shall comply with the minimum setback requirements for the subject zoning district.

         B.   The maximum size of the equipment shelter shall be 375 square feet, or, if there is more than one, 750 total square feet.

         C.   A buffer yard shall be planted in accordance with Section 1294.02(d).

         D.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

   (c)   Located on a Nonresidential Use Property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including, but not limited to, a church, hospital, school, municipal or governmental building, facility or structure, an agricultural use and a utility use, subject to the following conditions:

      (1)   The tower shall be set back from any property line abutting a one-family or two-family residential lot by 300 feet; otherwise, district setbacks shall apply to all facilities.

      (2)   The maximum height of a tower shall be 200 feet, including the antenna. The maximum height of an equipment shelter shall be the maximum building height for the applicable district.

      (3)   The maximum size of the equipment shelter shall be 375 square feet, or, if there is more than one, 750 total square feet.

      (4)   Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

      (5)   In order to locate a telecommunications facility on a property that is vacant or with an agricultural use, the tract shall be at least two and one-half acres.

   (d)   Located on a Residential Building. An antenna for a wireless telecommunications facility may be attached to an apartment building, subject to the following conditions:

      (1)   The maximum height shall be twenty feet above the existing building.

      (2)   If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located in or attached to the building), the shelter shall comply with the following:

         A.   The shelter shall comply with the maximum setback requirements for the subject zoning district.

         B.   The maximum size of the equipment shelter shall be 375 square feet, or, if there is more than one, 750 total square feet.

         C.   A buffer yard shall be planted in accordance with Section 1294.02(d).

         D.   Vehicular access to the shelter shall, if at all possible, use the existing circulation system.

   (e)   Located in Open Space. A wireless telecommunications facility is permitted on land that has been established as permanent open space or a park, subject to the following conditions:

      (1)   The open space shall be owned by the Municipality, the County or State government, a homeowner's association, a charitable organization or a private, nonprofit conservation organization.

      (2)   The maximum height of the tower shall be 200 feet, including the antenna. The maximum height of an equipment shelter shall be the maximum building height for the applicable district.

      (3)   The maximum size of the equipment shelter shall be 375 square feet, or, if there is more than one, 750 total square feet.

      (4)   The tower shall be set back from any one-family or two-family property line 300 feet; otherwise district setbacks apply to all facilities.

(Ord. 56-1997. Passed 7-14-97.)