While the federal government has regulated the commercial mobile service industry, it has reserved to local governments the power to regulate such uses with regard to placement, construction and other related issues.

Local governments may not exclude such uses or unreasonably discriminate among providers of functionally equivalent services.

According to federal law, local governments may not regulate such uses on the basis of radio frequency radiation (RFR).

The technology underlying commercial mobile service requires that transmitting facilities be located in proximity to one another, as low frequency signals are passed from one service cell to another, in relay fashion.

The Town has an interest in minimizing the number of towers that are located within its borders.

The installation of tower structures can have an aesthetically detrimental impact upon surrounding properties, especially in residential areas.

In many cases, antennas mounted on existing structures can provide the same level of commercial mobile service with minimal or no aesthetic impacts upon neighboring uses.

Where the construction of new towers is necessary in order to provide commercial mobile services, often it is possible to house more than one such provider on a given structure, thus reducing the proliferation of new tower construction.

The Town acknowledges the need, demand and national policy supporting the availability of commercial mobile services to the public. At the same time, the Town recognizes the valid concerns and interests its residents have in the aesthetic enjoyment of their homes and properties. The purpose of these provisions relating to commercial mobile services is to provide for the health, safety and welfare of the residents of the Town, to encourage the location of commercial mobile service towers, to the extent they are needed, in nonresidential areas of the Town, to encourage the shared use of existing and new towers as a means of reducing the overall need for towers in the Town, to minimize the adverse impacts of commercial mobile service facilities located in the Town and to balance the sometimes competing needs of such uses and their neighbors while at the same time accommodating the public interest in and demand for such services.

The Middle Class Tax Relief and Job Creation Act of 2012 (hereinafter referred to as the "Tax Relief Act") in effect mandates that notwithstanding Section 704 of the Telecommunications Act of 1996 or any provision of law, a state or local government may not deny, and shall approve, any request relating to an eligible facility for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. A request relating to an eligible facility, in accordance with the Tax Relief Act, means any request for modification of an existing wireless tower or base station that involves:

A request relating to an eligible facility for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall only be the subject of an administrative review by the Town’s Code Enforcement Officer, notwithstanding the requirements of § 285-23 of this Code. Such administrative review shall not require a public hearing, but the applicant shall be subject to all other provisions and application fees of this chapter, except where otherwise indicated. All of the following sections of this chapter shall remain in full force and effect when the request is being handled by such administrative review.

Antennas and accessory equipment related thereto, other than towers, are permitted in all use districts in the Town, provided that they are placed on existing structures 30 feet or more in height, other than one-family and two-family dwellings, subject to the following:

Towers and accessory equipment related thereto are permitted only in Planned Economic (P-E) and Light Industrial (LI) districts, subject to the following:

Commercial mobile service antennas or towers, other than those specifically allowed under this Subsection B(3), are not permitted in the Town of Onondaga.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such lot and building requirements, the dimensions of the entire lot shall control, even though such antenna or tower may be located on leased parcels within such lots.

Nonconforming uses. Towers that are constructed and antennas that are installed in accordance with these provisions shall not be deemed to constitute the expansion of a nonconforming use or structure.

Proof of compliance with other laws.

Compliance with building codes. The owner of any commercial mobile service facility shall locate, construct, erect, use and maintain such facility in accordance with all applicable building codes.

Height restrictions. The building height restrictions otherwise applicable in the zoning use district in which a commercial mobile service facility is located shall not apply to facilities approved in accordance with these regulations. When measuring structure height in connection with antennas on existing structures, height shall be measured from the mean elevation at finished grade to the highest point of the existing structure. When measuring antenna height in connection with antennas mounted on existing structures, such height shall be measured from the point of such existing structure at which the antenna is mounted to the highest point of the antenna.

Maximum tower height. In no event shall any tower exceed a height of 200 feet. Tower height shall be measured from the average elevation at grade level to the highest point of the tower structure, including all antennas and accessory equipment attached thereto.

Tower inspections. Towers shall be inspected annually on behalf of the tower owner by a licensed professional engineer for structural integrity and continued compliance with these regulations. A copy of such inspection report, including findings and conclusions, shall be submitted to the Town Codes Enforcement Officer no later than December 31 of each calendar year.

Tower design preference. Whenever feasible, tower construction shall be of a "monopole" design.

Maintenance and repair; hours. All commercial mobile service facilities shall be maintained in good order and repair. Routine maintenance and repair shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except for emergency repairs which may be undertaken at any time with prior notice to the Town Codes Enforcement Officer.

Existing structures. By way of illustration, existing structures, as referred to in these regulations governing the siting of commercial mobile service facilities, shall include but not be limited to signs, church spires, belfries, cupolas, domes, monuments, water towers, preexisting tower structures, windmills, chimneys, smokestacks, buildings, utility towers, clock towers, silos, barns or other agricultural buildings, steeples, radio or television towers and commercial parking lot light poles.

Restriction, multiple towers. No more than one tower may be permitted on any parcel of land.

Tower separation. A minimum radius of 2,000 feet must be maintained between any proposed tower and any existing tower, whether located in the Town of Onondaga or in any adjacent municipality.

Fencing. The base of any tower and anchors on guyed towers shall be surrounded by an opaque security fence eight feet in height. Such fence shall enclose the base of the tower as well as any and all accessory equipment and structures used in connection therewith.

Landscaping. All commercial mobile service facilities located, installed or constructed at ground level, including towers, tower anchors, accessory structures to towers or antennas or fencing surrounding such uses, shall be visually screened from adjoining residential properties and public rights-of-way by one row of native evergreen shrubs or trees capable of forming a continuous hedge of at least six feet in height within two years of planting. Additional vegetative screening may be required as needed in order to minimize adverse visual impacts on neighboring properties. Existing on-site vegetation shall be preserved to the maximum extent possible and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the appropriate site plan or special permit review and approval. Such landscaping shall be preserved, maintained and replaced as needed.

Signs. Signs shall not be permitted on commercial mobile service towers, antennas or related accessory facilities except for signs displaying owner contact information and safety instructions. Such signs shall not exceed five square feet in surface area.

Lighting. Commercial mobile service facilities shall not be artificially lighted unless so required by the FAA. If lighting is so required, the lighting alternatives and design used shall be the minimum mandated by the FAA.

Utility connections. All utility connections to commercial mobile service facilities shall be installed beneath the ground surface.

Color.

Tower access and parking. A road and parking for one vehicle shall be provided in order to assure adequate emergency and service access. Maximum use of existing roads and drives shall be made and at all times ground and vegetation disturbance shall be minimized.

Antennas affixed to the face of existing structures. Antennas affixed to the face of existing structures may not protrude in excess of five feet horizontally between the antenna and the existing structure face.

Commercial mobile service towers shall be designed to provide for co-location (use) by at least three providers, or designed so that they can be retrofitted to accommodate at least three providers unless such co-location is not feasible as demonstrated by competent engineering or technical proof.

Accessory equipment located on building roofs. Any accessory equipment located on building roofs shall be located so as not to be seen or minimize visibility from ground level.

System connections. Where technologically feasible, connections between commercial mobile service facilities and the system of which they are a part shall be made by use of land line cable rather than by parabolic or dish antennas. When such antenna links are technologically necessary, they shall be located, painted and otherwise situated so as to minimize visual impacts. In no case shall the diameter of such an antenna exceed six feet.

Tower setbacks. Towers shall not be located closer than 200 feet to the nearest residential property line. In all other cases, towers shall be set back from adjoining properties a distance equal to at least the height of such tower.

Visibility. All commercial mobile service facilities shall be sited, located and designed so as to have the least possible practical visual impact on the environment and surroundings.

The applicant must demonstrate that location of the commercial mobile service facility, as proposed, is necessary to meet the frequency reuse and spacing needs of the applicant's system and to provide adequate service and coverage to the intended area.

The applicant must demonstrate that all reasonable measures have been taken to minimize the visual impacts of the proposed facilities.

Additional standards and factors to be considered in reviewing special use permits relating to towers.

The following information shall be submitted in support of any application (site plan, special permit, variance) for a commercial mobile service facility. This information is required in addition to any other information or documents required under sections of the Town's Zoning Law pertaining to site plan review (§ 285-23), special use permits (§ 285-39) or variances (§ 285-39):

Additional submission requirements for towers.

An applicant for site plan approval, for a special permit or for administrative review of an eligible facility pertaining to a commercial mobile service facility shall submit a nonrefundable fee, as established from time to time by resolution of the Town Board, to reimburse the Town for the costs of reviewing such application.

During the Code Enforcement Officer's administrative review as well as review by any board, the Code Enforcement Officer or board may retain an expert to help determine questions that arise, including but not limited to whether a facility is eligible or whether there is substantial change. No initial deposit for a consultant or expert is necessary until and after such time that the Code Enforcement Officer or Board determines that consultants and/or experts are necessary. At such time, the Code Enforcement Officer or Board will set the initial deposit at an amount not to exceed $7,500. The initial deposit will be maintained as a separate escrow amount. Depleted escrow accounts shall be replenished when necessary. The applicant shall pay the difference to the Town of any cost of the consultant/expert services not covered by the escrow monies. Any monies remaining in the escrow account after conclusion of the review process shall be refunded to the applicant.

Commercial mobile service facilities located on Town of Onondaga property.

Private, noncommercial television and radio antennas.

Routine repairs and maintenance of commercial mobile services facilities may be undertaken without restriction, provided that such routine repairs and maintenance activity is conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday.

Law enforcement, fire control, E911 and medical emergency facilities.

Emergency repairs to commercial mobile service facilities at any time, provided that prior notice is given to the Town Codes Enforcement Officer.

Satellite antennas can be visually bulky and unsightly due to their shape, opacity and size, particularly in residential areas. Satellite antennas, because of their mass, are often more noticeable than other antennas.

The desire to obtain maximum signals with as little interference as possible may, without regulation, lead satellite antenna owners to place antennas in inappropriate locations aesthetically and/or in unsafe locations.

The size, construction and mounting specifications of some larger satellite antennas can render them subject to falling over and to severe wind loadings, necessitating attention to installation to avoid injury to persons and property.

Satellite antennas, when ground mounted, can be an attractive site for children to climb.

The visual impact of larger satellite antennas in residential areas is more significant than in commercial or business areas because building size is smaller and land use is less dense in residential areas than in commercial/business areas.

To permit reception of satellite transmissions while minimizing the potential for adverse safety and aesthetic impacts of such uses.

To diminish the visual impact of satellite antennas.

To encourage safety in the placement of satellite antennas so as to avoid injury to persons and/or property in the area.

To facilitate aesthetic integration of satellite antennas and radio antennas into overall building and/or lot design.

The application for a building permit shall, in addition to all other requirements, contain a plot plan sketch showing the proposed location of the dish on the applicable lot. The sketch plan shall show the dimensions, height, color and design of the dish. In addition, the sketch shall show all natural and proposed screening of the dish.

Dimensions. Any satellite dish antenna located with the Town of Onondaga shall not exceed 12 feet in any dimension, height, width or depth. All measurements of height shall be taken from the base at ground level to such satellite dish's full vertical position. Measurements shall include all attachments, supports, guy wires and other equipment attached to or being a part of the antenna.

Location. No more than one satellite dish antenna shall be located on any lot. All satellite dish antennas shall be installed at ground level. No rooftop siting or mounting is permitted. All such antennas shall be located in the rear yard of the owner's property at least 10 feet from the side and rear lot lines or at a distance equal to the height of the antenna plus six feet, whichever is greater. When measuring side and rear setbacks, all cables, guy wires or other supports shall constitute a part of the antenna. The natural grade of the land may not be altered in any manner so as to provide a greater elevation for the satellite dish antenna.

Screening. The owner of any satellite dish antenna shall install screening to prevent the dish from being visible from roadways or neighboring residences, insofar as is reasonably practical, without materially impairing or interfering with reception. Screening may include natural and existing screening such as trees or residences.

Standards.

The satellite dish antenna cannot be located in any location on the owner's lot in compliance with this chapter so that reception of signal is possible.

The location applied for in the special permit request is the minimum deviation from this chapter needed in order to obtain reception of a signal.

The applicant cannot receive a suitable signal with an exempt satellite dish antenna in a more visible or unscreened location.

Alternative measures taken to minimize the visual impact to neighbors and the public of the proposed satellite dish antenna. In addition to other relevant factors, the Zoning Board of Appeals shall consider the color, height, geographic restrictions, size of the lot and density of the neighborhood in each instance.

Satellite dish antennas erected prior to the enactment of this section.

Satellite dish antennas measuring a maximum of six feet in diameter, located in the following use districts:

Satellite dish antennas measuring three feet or less in diameter, so long as such antenna structure, regardless of the zoning district within which it is located if mounted on a building, shall not extend to a height of more than six feet above the surface of the roof directly beneath the antenna, nor shall such antenna structure be installed on a portable or movable structure, such as a trailer.