As used in this chapter, the following definitions shall apply:

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

   (b)   "Equipment Building" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

   (c)   "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.

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

   (e)   "Open Space" means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

   (f)   "Telecommunication" 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.

   (g)   "Wireless telecommunication facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

   (h)   "Wireless telecommunications antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

   (i)   "Wireless telecommunications tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles.

(1982 Code, § 1129.01) (Ord. 97-08. Passed 5-19-1997.)

   (a)   Where a wireless telecommunications facility is located on lots of record independent of other uses, the minimum lot area shall be 10,000 sq. ft., the minimum street frontage shall be 75 feet.

   (b)   Where a wireless telecommunications facility is located on parcels with another use, the minimum lot area shall be the area needed to accommodate the tower, equipment buildings, security fence and required screening, and shall comply with all other conditions of this section. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner of the telecommunications facility, the land remaining with the principal lot shall continue to comply with the minimum lot area required for the zoning district.

(1982 Code, § 1129.02) (Ord. 97-08. Passed 5-19-1997.)

   (a)   No tower shall be located closer to an existing structure than the height of the tower, nor closer than 300 feet to any Residential Zoning District.

   (b)   No wireless telecommunications facility shall be located closer than 1,000 feet to an existing or proposed wireless telecommunications facility.

   (c)   Minimum dimensions of yards for accessory and equipment buildings for facilities located on vacant lots of record independent of other uses shall be:

      Front yard - 50 ft.; Rear yard - 20 ft.; Side yard - 10 ft.

   There shall be no required yard restrictions for facilities located on lots with another permitted use, however, no facility shall be permitted in any yard required for the principal use in the zoning district.

(1982 Code, § 1129.03) (Ord. 97-08. Passed 5-19-1997.)

   (a)   Tower - 190 ft. maximum height from ground level at base of tower.

   (b)   Equipment buildings - 30 ft. maximum height from ground level.

   (c)   Equipment buildings shall not exceed 1,000 sq. ft. in area.

(1982 Code, § 1129.04) (Ord. 97-08. Passed 5-19-1997.)

   (a)   Only monopole type towers are permitted. Guyed and lattice construction steel structures are prohibited.

   (b)   The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA).

(Ord. 97-08. Passed 5-19-1997.)

   (c)   All towers above 100 feet shall be artificially lighted. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. Security lighting around the equipment shelter is permitted.

(1982 Code, § 1129.05) (Ord. 98-34. Passed 6-15-1998.)

   (a)   A security fence eight feet in height with barbed wire around the top shall completely surround the site.

   (b)   Where the boundary of a zoning lot is coincident with the boundary of a Residential District, screening shall be provided and maintained in good condition by either of the following means:

      (1)   A solid wall erected to height of no less than five feet nor more than eight feet; or

      (2)   A strip of land at least six feet in width which is planted with shrubs to obstruct sight and noise.

(1982 Code, § 1129.06) (Ord. 97-08. Passed 5-19-1997.)

   (a)   The storage of automobiles, trucks, construction equipment or other motorized equipment is prohibited on the grounds of the facility, except that a paved area not to exceed 575 sq. ft. shall be provided to temporarily allow for the parking of vehicles required in the maintenance of the facility.

   (b)   A paved vehicular access to the facility shall be provided. Required access shall not interfere with parking and/or vehicular circulation required for the principal use on parcels with another permitted use.

(1982 Code, § 1129.07) (Ord. 97-08. Passed 5-19-1997.)

   The owner of any telecommunications facility is subject to the following conditions in its entirety.

   (a)   No telecommunications facility shall be permitted unless the owner of the proposed facility provides written evidence that the facility cannot be located on any existing towers located in the City. Written evidence shall be submitted in a form approved by the City Law Director.

   (b)   The owner of any proposed telecommunication facility shall agree to allow other telecommunication facilities to be located at and on his or her facility and subject to the approval of the City Law Director.

   (c)   The owner shall submit any and all necessary documentation to the City which shall be prepared by a licensed professional engineer of the proposed facility including but not limited to site plans, topographic plans, soils reports, tower drawings including foundations, building plans, structural design calculations, and any other technical material and data the City deems necessary to make a proper evaluation of the proposed facility with a nonrefundable permit fee in the amount of one thousand dollars ($1,000) to cover cost for a registered professional to review the project for compliance with all federal, state and local regulations.

   (d)   Advertising is not permitted anywhere on the facility.

   (e)   Warning signs shall be posted around the facility including an emergency telephone number of who to contact in the event of an emergency.

   (f)   The facility owner/operator shall provide a maintenance plan in which they will be responsible for the upkeep of the site.

   (g)   A permanent easement from a public right-of-way to the tower shall be provided thereby maintaining access regardless of other developments that may take place on the site.

   (h)   If at any time the use of the facility is discontinued for 180 days, the City may declare the facility abandoned. The facility's owner/operator will upon "notice" from the City reactivate the facility's use within 180 days, or shall dismantle and remove the facility and re-landscape. Failure to comply with said "notice" shall be caused for the City to declare the facility a public nuisance.

(1982 Code, § 1129.08) (Ord. 97-08. Passed 5-19-1997.)

   (a)   Outdoor antennas and their supporting structures, include but are not limited to vertical or horizontal rods, wires, dipole structures, mesh, TV antennas, dish type satellite antennas, earth stations, ground stations, ham radio towers, and/or any other antenna structures erected outside of any structure for reception of radio and/or television signals from private or public broadcast facilities.

   (b)   In order to reasonably avoid, protect against and prevent injury to persons and/or damage to property, antennas:

      (1)   Shall be of corrosion-resistant materials as defined in applicable standards.

      (2)   Shall be of sufficient strength and shall be sufficiently secured to withstand ice and wind loading conditions.

      (3)   Shall not be located forward of the rear foundation line of any main building or dwelling, nor closer than five feet of any building or structure unless approved straps and supporting hardware are used for additional support.

      (4)   Shall not be mounted on any roof or structure not on any foundation over one foot above grade and shall not exceed 15 feet above grade, nor shall an antenna be more than six feet across or in diameter, inclusive of all supporting structures or hardware.

   (c)   Installation shall be in accordance with all other applicable codes and standards.

(1982 Code, § 1129.09) (Ord. 97-08. Passed 5-19-1997.)

   (a)   Definitions.

      (1)   "Antennas" means any one or more of the following:

         A.   An outdoor antenna as defined in Section 1278.09(x), or any other signal-receiving device except dish type receiving antennas two or less feet in diameter, the purpose of which is to receive radio and/or television communication through air waves, radio waves, or light, or other signals bounced off of or reflected from satellites in earth orbit and/or other extraterrestrial sources, as well as microwave receivers.

         B.   A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.

         C.   A coaxial cable, the purpose of which is to carry or transmit such signals to a receiver.

      (2)   "Receiver" means a television set or radio receiver.

      (3)   "Dish" means that part of a satellite or microwave signal receiving antenna characteristically shaped like saucer or dish or tower or globe.

   (b)   Permit Required. No person, firm, partnership, corporation, trust or other legal entity shall construct an earth station or antenna without a permit, nor shall construction commence before a permit is issued in accordance with division (c) hereof.

   (c)   Application for Permit.

      (1)   The owner, occupant or authorized agent, with written permission from the owner, of any lot, premises or parcel of land within the City, who desires to construct or replace an earth station or antenna on such lot, premises or land parcel, must first obtain a permit to do so from the City Building Commissioner in conformity to procedures for the issuance of other building permits, subject to the requirements herein.

      (2)   The Building Commissioner shall issue such permit, provided the applicant submits a written application upon forms provided and approved by the Building Commissioner, along with a plot plan of the lot and adjacent lots as requested by the Building Commissioner, premises or land parcel attached, showing the exact location on the lot and the dimensions of the proposed earth station or antenna or dish from view from abutting streets; a description of the kind of earth station proposed; the exact location and dimensions of all building or structures; construction plans and specifications prepared by a professional engineer or other qualified individual showing the elevations of the proposed earth station upon completion; and a structural engineering analysis, including, but not limited to, the design of any antenna or dish with respect to wind resistance and the extent to which it is transparent, translucent, and/or opaque or solid. Each application shall specify, among other things, the name and address of the owner of the real estate; the applicant; the professional engineer, or other individual and his or her qualifications, who prepared the construction plans and specifications; and the person to be permitted to construct the proposed earth station.

      (3)   The applicant shall present documentation of the possession of any license or permit required by any federal, state or local agency pertaining to the ownership, construction or operation of an earth station or antenna.

      (4)   The applicant shall submit with each application the sum of $50.00 which represents the permit fee. The permit fee shall cover the cost of reviewing the construction plans and specifications, inspecting the final construction and processing the application. A separate electrical permit shall be required if the unit is motorized.

      (5)   Permits shall be renewed annually on application to the Building Commissioner with a permit renewal fee of $15.00, providing the premises on inspection are otherwise in full compliance with this chapter and all other applicable ordinances.

   (d)   Location of Earth Station.

      (1)   Ground-mounted.

         A.   No ground-mounted earth station or antenna shall be constructed in any front or side yard, and , shall be constructed only behind the rear of the residence or main structure and shall be subject to the provisions set forth in this section and Section 1278.09.

         B.   No earth station or antenna, including its concrete base slab or other substructure, shall be constructed less than five feet from any property line or easement, nor in any side yard, or rear boundary buffer area.

         C.   No earth station shall be constructed without plans accompanying the permit application as provided in division (c)(2) hereof showing existing and proposed appropriate evergreen landscaping to reasonably conceal such earth station or antenna from view from all public streets and adjoining residential properties, and the planting shall be completed before final approval by the Building Commissioner.

         D.   No earth station or antenna shall be linked, physically or electronically, to a receiver which is not located on the same lot, premises or parcel of land as is the earth station or antenna unless related to adjacent and abutting property and only upon an application by all such abutting and adjacent property owners to the Building Commissioner subject to the approval of the Board of Zoning Appeals.

         E.   No earth station or antenna shall exceed:

            1.   A diameter of two feet, nor

            2.   A maximum height above grade of 15 feet measured in full vertical position.

         F.   All structural supports shall be of galvanized metal. All material surfaces shall be substantially non-reflective of light such as to not cause glare.

         G.   Wiring shall conform to applicable national, state and local electrical codes.

         H.   Such earth station or antenna shall be designed to withstand a wind velocity or force of 75 miles per hour without the use of supporting guy wires.

         I.   Any driving motor shall be limited to 110v maximum power design and be encased in protective guards.

      (2)   Roof-mounted antennas prohibited: exception. No earth station or antenna shall be constructed or maintained under Section 1280.09 or this section upon the roof top of any garage, residential dwelling, church, synagogue, school, apartment building, hospital or any other commercial building or structure, unless a permit is granted by the Board of Zoning Appeals.

   (e)   Appeals. Appeals from decisions of the Building Commissioner shall be made to the Board of Zoning Appeals as provided by the Codified Ordinances.

   (f)   Criteria or Guidelines before the Board of Zoning Appeals.

      (1)   The applicant shall provide satisfactory evidence that establishes a hardship and/or a topographical basis for the allowance of a roof-mounted antenna.

      (2)   The applicant shall provide the Board of Zoning Appeals with all data necessary, including but not limited to: the proposed height of the roof mount, location, proximity to electrical wiring in the vicinity, structural data of the roof, calculations with regard to the roofload of the rafters, and any other data relative or pertinent to the safety of persons or property in relation to the proposed roof mounting, and to otherwise provide the Board of Zoning Appeals with sufficient information to make appropriate determination as to the justification for the granting of a special permit under division (c)(5) hereof.

      (3)   The applicant must, in connection with such appeal, demonstrate that ground mounting the proposed antenna will not provide a reasonable clear reception on a majority of accessible stations, and also that roof mounting will provide full or substantial and significantly better reception without material interference with or obstruction of the enjoyment of abutting property owners. Should the Board of Zoning Appeals agree to grant a special permit to allow a roof mounted antenna or dish, the following criteria shall apply:

         A.   An earth station dish or antenna may only by mounted upon the rear one-third of the roof of a primary or accessory structure, as defined in the Building Code, and shall not be mounted upon appurtenances such as chimneys, towers, trees, poles or spires.

         B.   An earth station dish or antenna shall not exceed a height of more than six feet above the place on the roof upon which it is mounted or above any peak or roof ridge or above any roof parapet surrounding the top of any roof.

         C.   An earth station "dish" shall not exceed six feet in diameter.

         D.   An earth station or antenna mounted on a roof shall be designed to withstand a wind velocity or force or eighty-five miles per hour without the use of supporting guy wires.

         E.   Any driving motor shall be limited to 110v maximum power design and be encased in protective guards and waterproof.

         F.   An earth station or antenna must be grounded in accordance with National Electrical Code Article 250.

         G.   Wiring between an earth station or antenna and a receiver located on an accessory building shall be in accordance with the National Electrical Code.

   (g)   Penalty. Whosoever violates any of the provisions of this section shall be guilty of a first degree misdemeanor and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. A separate violation shall be deemed to have been committed each day during or on which a violation occurs or continues to occur.

(1982 Code, § 1129.10) (Ord. 97-08. Passed 5-19-1997.)