[Ord. No. 5814 §1(32.3), 4-27-2004]
A. Permitted Uses (No Building Permit Required). Commercial antennas and associated support structures shall be permitted in non-residential zoning districts, governmental facilities and university campuses. No building permit shall be required for the following type of commercial installations:
1. Satellite dishes under two (2) meters (seventy-eight and seventy-four hundredths (78.74) inches) in diameter.
2. Replacement of satellite dishes and commercial antennas where the number of antennas remains the same and there are no visible changes to the installation.
B. Building Permit And Special Antenna Permit Required, When—Application. Building permits and special antenna permits, pursuant to Section
405.3730, shall be required for the construction, installation or modification of any facility which exceeds the requirements in Subsection
(A) above. An application for a special antenna permit shall include all requirements for a building permit application and shall be filed in lieu of such application.
C. General Regulations, Commercial Antennas And Antenna Support Structures. The following regulations apply to all commercial antennas and antenna support structures:
1. Commercial antennas and antenna support structures shall be located on the site area or structure in such a manner as to eliminate visibility from the public streets and shall be screened from view from the public streets and adjacent properties/structures. Screening materials may consist of walls, fences, buildings, mature plant materials or other appropriate items. Screening materials shall be maintained and replaced as needed.
2. Commercial antennas and antenna support structures shall be a neutral color and shall not be bright, reflective or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the proposed equipment.
3. Ground-mounted commercial antennas shall be located only in the rear yard portion of any lot and shall be subject to a setback of five (5) feet from any lot line.
4. No advertising of any form shall be permitted on any part of an antenna, except for not greater than a six (6) inch square area displaying the manufacturer's or distributor's name.
5. All wiring to and from ground-mounted antennas located more than five (5) feet from the nearest building shall be underground. All wiring to and from any commercial antenna running along an elevation shall be fully concealed or screened.
6. No commercial antenna shall be erected so as to injure the roof covering and when removed from the roof, the roof covering shall be repaired to maintain weather and water tightness. The installation of any commercial antenna mounted on a building shall not be erected nearer to the lot line than the total height of the antenna above the roof, nor shall such antenna be erected near electric power lines or encroach upon any street or other public space.
7. Antennas shall be designed, erected and maintained in accordance with the City's Building Code and all other applicable State or local codes.
D. Specific Regulations, Commercial Antennas And Antenna Support Structures.
1. Height. The height of commercial antennas and antenna support structures shall not exceed the building height limits of the subject zoning district unless a different height is authorized because of co-use pursuant to Subsection
(D)(9)(c) hereof or because of a determination of the Architectural Review Board based on a clear showing that such height is required to provide personal wireless services or reasonably required for public safety communications of a governmental entity sharing the facility. Such showing shall be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limitations or the reasons why such alternatives are not viable.
2. Regulatory compliance. All commercial antennas and antenna support structures shall meet or exceed current standards and regulations of the FCC and any other State or Federal agency having regulatory jurisdiction. Should such standards or regulations be amended, then the owner shall bring antennas and structures into compliance with the revised standards or regulations within six (6) months of the effective date of the revision unless an earlier date is mandated by the controlling agency.
3. Security. All commercial antennas and antenna support structures shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any special antenna permit application to install, build or modify telecommunications antennas, towers or support structures.
4. Lighting. Commercial antennas and antenna support structures shall not be lighted unless required by the FAA or other State or Federal agency having regulatory jurisdiction, in which case a description of the required lighting scheme will be made a part of the special antenna permit application to install, build or modify the telecommunications antennas, towers or support structures.
5. Advertising. Unless a disguised support structure is in the form of an otherwise lawfully placed pylon sign, the placement of advertising on such antennas or structures is prohibited, except for displaying the manufacturer's or distributor's name in an area not greater than six (6) square inches.
6. Occupancy and storage. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected disguised commercial antenna or antenna support structure is prohibited.
7. Design. Commercial antennas shall have stealth installations so that they are fully screened or not visible or not recognizable as such antennas and antenna support structures other than buildings shall be disguised support structures, so that each such facility is consistent with the natural or built environment of the site.
a. Shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and may also be brick or other masonry material as may be required.
b. Commercial antennas attached to a building or a disguised antenna support structure shall be fully screened and not visible or not recognizable as a commercial antenna.
8. Site requirements.
a. All commercial antennas and antenna support structures must be located within a non-residentially zoned district and are prohibited from all residential districts.
b. Street level floor areas shall not be occupied principally for the placement of cabinets or shelters or for the storage, warehousing or operation of commercial antennas or antenna support structures.
9. Co-use.
a. Prior to the issuance of any special antenna permit or building permit, the applicant shall submit a notarized statement agreeing to make the proposed antenna support structure available for use by others, subject to reasonable technical limitations and financial terms.
b. Prior to the issuance of any special antenna permit or building permit, the applicant shall furnish an inventory of all known antenna support structures sites located in or within one-half (½) mile of the City limits that could be used for the applicant's antenna attachment. The inventory shall identify the owner of the facility, its type and reference name or number and the street location, latitude and longitude, height, type and mounting height of existing antennas and an assessment of available space for the placement of additional antennas, shelters and/or cabinets. The applicant shall further demonstrate why co-use on the identified facilities is inappropriate or was otherwise not allowed.
c. Commercial antennas and antenna support structures may be installed, constructed or modified so as to exceed the height limitations provided in Subsection
(D)(1) hereof to accommodate co-use. The City may also require the applicant of new construction to exceed the applicable limitation, regardless of whether a co-user is immediately available to share space with the applicant.
d. Any new antenna support structure at least one hundred (100) feet in height shall be designed and constructed to accommodate at least one (1) co-user.
e. The willful and knowing failure of an applicant to agree to co-use or to negotiate in good faith with potential co-users may be cause for either the denial of a pending application, the revocation of an existing special antenna permit or the withholding of future permits.
10. Maintenance. All commercial antennas and antenna support structures shall be maintained and improved to remain in the condition in which they were approved.
11. Removal. If any commercial antenna or antenna support structure is not used or is inactive for a period of one (1) year, it shall be considered a nuisance and be removed at the owner's expense. The owner shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the antenna, structure and any related facilities. If the owner fails to do so the facilities may be deemed a public nuisance and be removed at the owner's expense.