Sec. 656.1505. - Track I Towers.

(a) Applications for wireless communication towers that meet the location and design requirements to be "Track I" towers shall be assigned for processing on an expedited "Track I" schedule. Upon a determination by the Coordinator that the application is complete, the Coordinator shall determine whether the application satisfies the criteria for a Track I Tower and issue an order granting or denying the application for a Track I Tower, within the timeframe set forth in Section 656.1511 (b), Ordinance Code. If the Coordinator determines that the application satisfies the criteria, the Coordinator shall issue an order approving the application and forward a copy of the order and application to the District Council Member, and if there is no District Council Member, the At-large Council Member from the Group which contains the appropriate district. (b) Track I requirements. A tower may be considered a Track I camouflaged tower if it satisfies all of the following criteria: (1) The tower is an appropriate approved camouflaged design, pursuant to Section 656.1509 (c), Ordinance Code, or the tower is less than 50 feet and less than the maximum height allowed of a principal structure on the site per Chapter 656 and meets the definition for "small wireless facilities", as defined in Part 4, Chapter 711 , Ordinance Code; (2) The tower is located in a non-residential zoning district; (3) The tower height shall be: (i) 150 feet or less, if located in an industrial use category of the Future Land Use Plan; (ii) 130 feet or less, if located in a Community/General Commercial, Regional Commercial or Central Business District category of the Future Land Use Plan; (iii) 110 feet or less, if located in a Neighborhood Commercial or Public Buildings and Facilities category of the Future Land Use Plan; (iv) 90 feet or less, if located in any other non-residential category of the Future Land Use Plan, except the Conservation category; (4) The tower will be located at least 100 feet or 100% of the tower height, whichever distance is greater, from the property line of any property within a Residential category of the Future Land Use Plan and with residential zoning, or from a portion of a Planned Unit Development zoned for residential uses; (5) The tower will be set back a minimum distance of 50 feet from any transportation view corridor, a public park, a historic district, a historic landmark, and any environmentally sensitive land, unless the camouflaged tower is designed to resemble a utility or light pole, or the tower is 50 feet or less and less than the maximum height allowed of a principle structure on the site per Chapter 656 and meets the definition and the design guidelines for "small wireless facilities", as defined in Part 4, Ch. 711 , Ordinance Code. (6) There is no technologically and structurally suitable space available on commercially reasonable terms on an existing or proposed tower or structure within the search ring; and (7) The view of the base of the wireless communication facility from any residentially neighborhoods, environmentally sensitive lands, historic districts, historic landmarks, public parks or transportation view corridors will be mitigated through the use of either: (i) meeting performance standards of Sec. 656.1512 , Ordinance Code; (ii) intervening structures or existing vegetation that provide the equivalent screening, or (iii) the tower is 50 feet or less and less than the maximum height allowed of a principle structure on the site per the Chapter 656 and meets the definition for "small wireless facilities", as defined in Part 4, Ch. 711 , Ordinance Code. (8) Separation. For towers over 50 feet, no tower shall be permitted to be constructed within 750 feet of another tower over 50 feet. (c) Appeal. If the Coordinator determines that an application satisfies all of the criteria, the District Council Member, or if there is no District Council Member, the At-large Council Member from the Group which contains the appropriate district, shall have 14 days to appeal the determination in the following manner: (1) The District Council Member shall file a formal notice of appeal with the Coordinator within 14 days of receiving the application; (2) The Coordinator shall set the matter for a hearing before the Commission; (3) The Commission's review is limited to whether or not the camouflaged design was appropriate for the site and/or whether there is no technologically and structurally suitable space available on commercially reasonable terms on an existing or proposed tower or structure within the search ring. (4) The parties to the proceeding are the District Council Member, the Department, and the applicant. No other parties shall be permitted to comment. (5) The Commission shall issue a finding regarding the appeal on the date of the hearing and this finding shall be the final agency action for the City, with appeals to a court of competent jurisdiction. (Ord. 2007-561-E, § 2; Ord. 2018-463-E , § 1)