To allow wireless communications facilities which provide for the personal communications needs of residents of the City and region, and of local business and government, while minimizing adverse visual and operational effects of such facilities through appropriate design, siting, and screening.

(Ord. 1130.297, eff. 3-26-97)

Wireless communication facilities intended solely for personal, non-commercial uses, such as short-wave radio, by residents of the site on which such facilities are located, are permitted in the following zoning districts: RH, R-1, R-2, RG, R-3, R-4, and R-5. Such facilities are exempt from other provisions of this article, but are subject to restrictions which pertain to buildings or structures in the zoning district in which such facilities are located. Wireless communications facilities for commercial use, except those located on City-owned property or on privately-owned property used solely for public or quasi-public use, are prohibited in the aforesaid zoning districts.

(Ord. 1130.297, eff. 3-26-97)

No wireless communications facility shall be constructed, installed, or established in the following zoning districts except pursuant to a Use Permit approved by the Zoning Administrator: PO, CA, CN, CB, CG, CP, and CBR. No wireless communications facility shall be constructed, installed or established on privately-owned property used solely for a public or quasi-public use, in the following zoning districts: RH, R-1, R-2, R-3, R-4, and R-5, except pursuant to a Use Permit approved by the Zoning Administrator. Any Use Permit granted for the establishment of a wireless communications facility on property which is privately owned and used solely for a public or quasi-public use shall expire upon a change of use to any other use than a public or quasi-public use.

(Ord. 1130.297, eff. 3-26-97)

Wireless communications facilities are permitted, subject to the provisions of Sections 38.5—38.16 inclusive, in the following zoning districts: IR, IP, GI, and PF.

(Ord. 1130.297, eff. 3-26-97)

No wireless communications facility shall be constructed, installed, or established except pursuant to an Architectural Permit approved by the Zoning Administrator and a Building Permit approved by the Building Official.

(Ord. 1130.297, eff. 3-26-97)

A wireless communications facility, the use of which has been discontinued for one hundred eighty (180) consecutive days, shall be deemed abandoned. In cases in which a wireless communications facility has been deemed abandoned, the permittee of the Use Permit for such facility or the property owner (as applicable) shall reactivate or dismantle and completely remove the wireless communication facility within ninety (90) days of the date of a written Notice to Reactivate or Dismantle has been given by the Zoning Administrator. In such instance, the Architectural Permit and Use Permit (in cases in which a Use Permit is required) theretofore granted for the installation and operation of the facility shall automatically expire, provided, that the wireless communication facility has not been reactivated within said ninety (90)-day period.

(Ord. 1130.297, eff. 3-26-97)

A.

All wireless communications facilities shall be fully automated and operable without personal occupancy on a daily basis, and shall be visited only for periodic or emergency maintenance purposes.

B.

All wireless communications facilities shall be kept in good working order, and maintained in a clean and orderly condition.

C.

All periodic and/or non-emergency maintenance activity for wireless communications facilities located on property adjacent to residentially zoned or residentially developed property, shall occur only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 5:00 p.m. on Saturday.

(Ord. 1130.297, eff. 3-26-97)

A.

Telecommunications Towers. No telecommunications tower shall exceed the height regulations for the zoning district in which the telecommunications tower is located, except pursuant to a Use Permit expressly providing an exception to such requirement.

B.

Antennas. No roof-mounted antenna shall extend higher than twenty (20) feet above a roof line. No facade-mounted antenna shall extend further than five (5) feet above the cornice line of a building. In no case shall an antenna extend higher than the permitted height regulations for the zoning district in which the structure is located, except pursuant to a Use Permit expressly providing an exception to such requirement.

C.

Height Bonus for Co-Location. The height of telecommunications towers accommodating wireless communications facilities of more than one (1) service provider may be extended by a height bonus of ten (10) feet per additional user, up to a maximum of fifty (50) bonus feet, subject to the conditions of subsection A, above, and further subject to the finding of the Zoning Administrator that such bonus will not unduly adversely affect the visual aspect of properties in the vicinity of the tower, or unduly restrict the sightline of persons residing in the vicinity of the tower.

(Ord. 1130.297, eff. 3-26-97)

A.

Telecommunications Towers. Telecommunications towers shall be set back from the front property line a minimum distance of one (1) foot for every foot of telecommunications tower height. Side and rear setbacks shall conform to the minimum requirements of the zoning district in which the telecommunications tower is located.

B.

Antennas. Antennas shall be set back a minimum of twenty (20) feet from the front property line. Side and rear setbacks shall conform to the minimum requirements of the zoning district in which the antenna is located. Roof-mounted antennas and associated wireless communications equipment structures shall be set back from all exterior wall planes a minimum of ten (10) feet or ten percent (10%) of the length of the roof at its greatest dimension, whichever is greater.

(Ord. 1130.297, eff. 3-26-97)

A.

Telecommunications Towers. Telecommunications towers shall be located a minimum of twenty (20) feet from the nearest residentially zoned property or residential use. An additional foot shall be required for every one (1) foot of tower height in excess of thirty (30) feet.

B.

Antennas. Antennas shall be located a minimum of twenty (20) feet from the nearest residentially zoned parcel or residential use.

(Ord. 1130.297, eff. 3-26-97)

No telecommunications tower nor ground-mounted antenna greater than thirty (30) feet in height shall be located on a parcel of property which is smaller than the minimum lot area for the zoning district in which the telecommunications tower or antenna is located.

(Ord. 1130.297, eff. 3-26-97)

Unless otherwise required by Federal Aviation Agency ("FAA") regulations or other applicable Federal regulations, telecommunications towers shall have a galvanized finish and/or have a non-contrasting blue, gray, or green anodized or powder paint finish, as expressly provided in the Architectural Permit pertaining thereto. A roof-mounted antenna greater in height than twenty percent (20%) of the height of the building on which it is to be installed shall be painted a non-contrasting blue or gray. A roof-mounted antenna, the height of which is equal to, or less than twenty percent (20%) of the height of the building on which it is to be installed shall be finished or painted and maintained so as to match the color of the building. Wireless communications equipment buildings, when mounted on the roof of a building, shall be finished and maintained with such color and texture as to match the building on which it is to be installed and to minimize its visibility. A facade-mounted antenna shall be finished and maintained with such color and texture as to match the structure to which it is to be attached and minimize its visibility.

(Ord. 1130.297, eff. 3-26-97)

A.

Telecommunications Towers. Telecommunications towers and accessory wireless communications equipment buildings adjoining residentially zoned or used property, or adjoining PF zoning districts, shall be screened with landscaping or appropriate non-vegetative materials, such as decorative walls, as expressly provided in the pertinent Architectural Permit. Telecommunications towers and accessory wireless communications equipment buildings adjoining non-residentially zoned property or uses shall be provided with screening sufficient to buffer the telecommunications tower and accessory wireless communications equipment buildings from adjoining properties, as expressly provided in the pertinent Architectural Permit.

B.

Ground-Mounted Antennas. Ground-mounted antennas and accessory wireless communications equipment buildings shall be provided with screening sufficient to buffer the antenna and wireless communications equipment buildings from adjoining properties.

(Ord. 1130.297, eff. 3-26-97)

All telecommunications towers and accessory structures shall be surrounded completely by an eight (8)-foot-high security fence or wall. Access to the enclosed area shall be through a gate or door which shall be kept locked when the towers and structures are not being serviced.

(Ord. 1130.297, eff. 3-26-97)

Unless otherwise required by FAA or other applicable federal regulations, no wireless communications telecommunications tower or antenna shall have artificial lighting.

(Ord. 1130.297, eff. 3-26-97)

The applicant shall acquire all necessary easements or other property interests for access, utilities, and maintenance, as a condition to the issuance of the Building Permit for the installation of a wireless communications facility.

(Ord. 1130.297, eff. 3-26-97)