Sec. 656.1507. - Conventional wireless towers ("Track III").

Applications to construct a conventional wireless tower shall be assigned for processing on a "Track III" schedule. Within 30 days of notification from the Coordinator that the application is complete, a Track III application shall be assigned a legislative bill number and scheduled for a public hearing before the appropriate committee of reference of the City Council. The committee shall recommend approval, denial, or conditional approval of the application based upon its compliance with the review criteria and the siting and design standards set forth in this Section, as well as the performance standards for all wireless communication towers set forth in this Subpart. (a) Siting and design standards. Conventional wireless communication towers shall only be allowed in those zoning districts and land use categories located outside the urban/suburban area boundary that do not allow for residential uses, subject to the siting and design requirements set forth in this Section. (1) Height. The maximum height of a conventional wireless tower is 199 feet. (2) Design. All conventional wireless towers must be of a monopole design. (3) Setbacks. Regardless of the zoning district in which a conventional wireless tower is located, the tower shall be set back a distance of at least: (a) 250 feet or 200 percent of the tower height, whichever distance is greater, from the nearest residentially zoned parcel; provided, however, that this setback shall not be required where legal title to the nearest residential parcel is held by the owner of the tower site. In the event that the proposed tower is to be located within a mixed use Planned Unit Development (PUD), the minimum distance set forth herein shall be measured from the nearest residential use. Conventional wireless towers shall also be set back a minimum distance of 250 feet or 200 percent of the tower height, whichever distance is greater, from the nearest boundary of a public park, historic district, historic landmark, Neighborhood Conservation District or environmentally sensitive lands, and a minimum distance of 100 percent of the tower height from any transportation view corridor. (4) Separation. No conventional wireless tower shall be permitted to be constructed within 2,640 feet of another conventional wireless tower. (5) Collocation. Conventional wireless towers shall be designed to accommodate collocation of antennas for multiple wireless communication service providers, as follows: Conventional Tower Height Total Number of Providers < 110 feet 2 110 feet—130 feet 3 131 feet—170 feet 4 171 feet—199 feet 5   (b) Public hearing. A public hearing shall be held by the Council to consider all conventional wireless tower applications. Notice of the time and place of the public hearing shall be made as provided in Section 656.124 , Ordinance Code. Additionally, the notice shall specify the proposed height of the tower and the number of wireless communications service provider(s) that can be located on the tower. The Department shall be responsible for making an advisory recommendation to the Council on each application for a conventional wireless tower. Said recommendation shall be in writing and furnished to the assigned committee members, the Council President, the District Council Member and the applicant at least three days prior to the scheduled hearing. (c) Balloon test. Applications for conventional wireless towers shall be required to conduct a "balloon test," unless otherwise prohibited by law. The test shall be conducted as follows: (1) The balloon shall be red and a minimum of four feet in diameter, anchored to the ground so that it flies at the same height and location as the proposed tower. (2) The balloon shall be flown continuously from 7:00 a.m. until sunset for two separate days within the same week. (3) The test shall be conducted during the week prior to the first scheduled public hearing for the conventional wireless tower before the Council committee of reference. Notice of the scheduled week of the balloon test shall be given along with the notice of the public hearing in accordance with Section 656.124 , Ordinance Code. (d) Review criteria. An application for a conventional wireless tower permit shall be granted only if the Council finds, from a preponderance of the record evidence, that the proposed tower meets the following standards and criteria: (1) The proposed tower shall be consistent with the Comprehensive Plan, including any subsequent plan adopted by the Council pursuant thereto; (2) The proposed tower shall comply with both the siting and design standards for conventional wireless towers and the performance standards for all wireless communication towers; (3) The proposed tower site shall be sufficiently accessible to permit entry onto the property by fire, police, rescue and other services; (4) The height of the proposed tower shall be deemed necessary to provide the wireless provider's designed service, (5) The absence of any existing or proposed towers, buildings or other structures that could provide technologically and structurally suitable space for collocation on commercially reasonable terms; (6) The proposed tower shall be compatible with the existing contiguous uses or zoning and compatible with the general character and aesthetics of the surrounding neighborhood or the area, considering: (i) The design and height of the communication tower; (ii) The potential adverse impact upon any environmentally sensitive lands, historic districts or historic landmarks, public parks or transportation view corridors; and (iii) The mitigating effect of any existing or proposed landscaping, fencing or other structures in the area, as well as the proximity of the communications tower to existing or proposed buildings or structures. (Ord. 2007-561-E, § 2)