The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means any exterior transmitting or receiving device mounted on a communications tower, building or other antenna support structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals or other communication signals. For the purposes of this article, the term "antenna" does not include antennas expressly exempt from this article as provided in section 98-673(b).

Antenna support structure means any existing building or other existing structure, other than a tower or micropole, which can be used for location of wireless telecommunications facilities.

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

Engineer means an engineer duly licensed by the state.

Equipment shelter means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

FCC means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.

Height means the vertical distance of a structure measured from the average grade as measured at the corners of the structure to the highest point of the structure, including the height of the antenna.

Micropole means a freestanding pole or mast upon which a noncommercial antenna is located that is less than six inches in diameter and subject to the maximum height restrictions contained in this article.

Monopole means a support structure constructed of a single, self-supporting, hollow, metal tube which is securely anchored to a foundation.

Person means any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for-profit or not-for-profit.

Tower means a self-supporting, lattice, guyed or monopole structure, constructed from grade, which supports wireless telecommunications facilities. For the purposes of this article, the term "tower" does not include a micropole.

Viewshed means the area surrounding wireless telecommunications facilities, towers or antenna support structures, within which the facility or structure is visible from the street level.

Wireless telecommunications facilities or WTF(s) means any unstaffed facility, or component thereof, for the transmission and/or reception of electromagnetic waves, digital signals, analog signals or other communication signals, which enable the provision of cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, wireless digital data transmission and other similar services that currently exist or may in the future be developed. Wireless telecommunications facilities include towers, monopoles, micropoles, equipment shelters, communication node cabinets, aboveground pedestal cabinets, antennas, relay station facilities, cables and other associated and related equipment. For the purposes of this article, the term "wireless telecommunications facilities" does not include any device or equipment expressly exempt from this article as provided in section 98-673(b).

Zoning administrator means the person designated by the city to be responsible for the issuance of building permits and any and all other issues related to zoning.

(Ord. No. 00-22, § III, 6-27-2000)

Cross reference— Definitions generally, § 1-2.

The purpose of this article is to regulate the placement, construction and modification of towers, antennas, antenna support structures and other wireless telecommunications facilities (WTFs) in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this article are to:

(1)

Direct the location of towers, antennas, antenna support structures and other WTFs in the city.

(2)

Protect residential areas and land uses from potential adverse impacts of towers, antennas, antenna support structures and other WTFs.

(3)

Minimize adverse visual impacts of towers, antennas, antenna support structures and other WTFs through careful design, siting, landscaping and innovative camouflaging techniques.

(4)

Promote and encourage shared use/collocation of towers, antennas and antenna support structures as a primary option rather than construction of additional single use towers.

(5)

Avoid potential damage to adjacent properties caused by towers, antennas, antenna support structures and other WTFs by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed.

(6)

Ensure, to the greatest extent feasible, that towers, antennas, antenna support structures and other WTFs are compatible with surrounding land uses.

(7)

Ensure, to the greatest extent feasible, that proposed towers, antennas, antenna support structures and other WTFs are designed in harmony with natural settings and in a manner consistent with current development patterns.

(Ord. No. 00-22, § I, 6-27-2000)

(a)

All towers, antennas, antenna support structures and other wireless telecommunications facilities (WTFs), any portion of which are located within the city, are subject to the provisions of this article, unless exempted by subsection (b) of this section.

(b)

Direct broadcast satellite reception, multichannel multipoint distribution (as defined by the FCC), television reception antennas and amateur radio antennas, meeting the following requirements, do not require a permit from the city in any district unless mounted on a freestanding pole, mast or other similar support structure that is 30 feet or more in height, or mounted on a pole, mast or other similar support structure that extends more than 30 feet above the highest point of the structure that the antenna is mounted upon, whichever is applicable:

(1)

Antennas that are one meter (39 inches) or less in diameter;

(2)

Antennas designed to receive television broadcasts;

(3)

Amateur radio antennas concealed behind, on or within attics, eaves, gutters or roofing; and

(4)

Amateur radio ground mounted whips and wire antennas, unless mounted on a freestanding pole, mast or similar structure over 30 feet in height, or mounted on a pole, mast or similar structure that extends more than 30 feet above the highest point of the structure that the antenna is mounted upon.

(c)

Notwithstanding the provisions of subsection (b) of this section, such devices must be constructed in accordance with all applicable state and federal requirements, building codes and safety standards.

(d)

In addition, this article shall not apply to any satellite earth station antenna, two meters in diameter or less, located in any commercial or manufacturing zoning district, and any satellite earth station antenna, one meter or less in diameter, regardless of zoning district in which it is located.

(e)

Except as provided in this article, any legal use being made of an existing tower, antenna, antenna support structure or WTF on the effective date of the ordinance from which this article is derived (6-27-2000) shall be allowed to continue, even if it is in conflict with the terms of this article, provided that the WTF meets all applicable state and federal requirements, building codes and safety standards.

(Ord. No. 00-22, § II, 6-27-2000)

Nothing in this article shall preclude the city from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this article.

(Ord. No. 00-22, § X(A), 6-27-2000)

(a)

Wireless telecommunications facilities (WTFs) shall not be constructed within the city without all approvals and building permits first having been secured, except as expressly provided to the contrary in this division. WTFs are either permitted as a right of use, subject to the conditions set forth in this division, or permitted as a special exception pursuant to the procedures set forth in section 98-63. WTFs shall be permitted in the following zoning districts:

(1)

WTFs located on towers shall be permitted as a conditional right of use in the M-1 restricted industrial district and the M-2 industrial district, subject to the conditions and restrictions contained in this article, and as a permitted use by special exception in the CO commercial office district, CN commercial neighborhood district, C-U college/university district, C-1 local business district, C-2 general business district, C-2A downtown business district and A-1 agricultural district.

(2)

WTFs, for commercial use, not attached to towers and attached to an antenna support structure, shall be permitted as a conditional right of use in the M-1 restricted industrial district, M-2 industrial district, CO commercial office district, CN commercial neighborhood district, C-U college/university district, C-1 local business district, C-2 general business district, C-2A downtown business district and A-1 agricultural district, subject to the conditions and restrictions contained in this article, and a permitted use by special exception in any residential district, provided that the WTF and antenna support structure is not located on property used as a residence, but instead is located on property used for a legally permitted nonresidential use, such as a church or school. For purposes of this article, the term "commercial use," with regard to WTFs, means the use of WTFs for direct financial gain and/or for the use and benefit of more than one customer. For purposes of this article, the term "residential district" shall mean R-1 single-family residential districts, R-1A single-family residential districts, R-1B patio home residential district, R-2 two-family residential districts, R-3 multifamily residential districts, RR residential rural districts, MH manufactured home/mobile home districts and any other residential districts created by the city.

(3)

WTFs, for noncommercial use, not attached to towers and attached to an antenna support structure or micropole, shall be a permitted use in all zoning districts, without having to obtain any prior authorization from the city, provided that the WTF complies with all the conditions and restrictions contained in this article. For purposes of this article, the term "noncommercial use," with regard to WTFs, means the use of WTFs for the personal use and benefit of one customer and not used for direct financial gain.

(b)

WTFs attached to towers are prohibited from being constructed in R-1 single-family residential districts, R-1A single-family residential districts, R-1B patio home residential district, R-2 two-family residential districts, R-3 multifamily residential districts, RR residential rural districts, MH manufactured home/mobile home districts and any other residential districts created by the city. Notwithstanding the foregoing, if any person desires to construct or utilize WTFs that would be prohibited by this subsection or any other provision of this article, such person may apply for such use under this subsection, and the board of adjustment shall, upon a showing that strict application of the regulation would prohibit, or have the effect of prohibiting, personal wireless service as defined by applicable federal law, vary the subject regulation, by variance or special exception, as though such use was a permitted use under this subsection, whichever is appropriate, consistent with the spirit and intent of this section, to the extent necessary to prevent the prohibition.

(Ord. No. 00-22, § IV(A, C), 6-27-2000; Ord. No. 22-13, § I(a)—(c), 8-23-2022)

The following locations for siting wireless telecommunications facilities (WTFs) are listed in order of decreasing preference:

(1)

Approved city owned or other local government owned land (list of approved and available land to be made available through the zoning administrator).

(2)

Existing towers.

(3)

Existing antenna support structures in allowed zoning districts.

(4)

Manufacturing zoning districts.

(5)

Commercial zoning districts.

(6)

Other approved zoning districts.

(Ord. No. 00-22, § IV(D), 6-27-2000)

The following application procedures shall apply to all wireless telecommunications facilities (WTFs), regardless of the zoning district in which they are to be located:

(1)

Any person wishing to construct WTFs shall make application to the zoning administrator for a building permit and/or special exception pursuant to the procedures specified in section 98-63; provided, however, that persons wishing to construct WTFs for noncommercial use, not attached to towers and attached to an antenna support structure in accordance with the conditions provided in section 98-741(c), shall not be required to obtain a building permit or special exception, unless otherwise provided in this article. A written application shall be submitted by the applicant for the construction of the WTF, and shall contain the following:

a.

A detailed site plan. When the proposed WTF or antenna support structure is to include a new tower, a plot plan, at a scale of not less than one inch equals 100 feet, shall be submitted. The plot plan shall indicate the zoning of adjacent property within 200 feet of the proposed facility. Aerial photographs and/or renderings may augment the plot plan.

b.

A diagram or map showing the viewshed of the proposed WTF, tower, antenna or antenna support structure. The applicant shall present a site/landscaping plan showing the:

1.

Specific placement of the WTF on the site;

2.

Location of existing structures, trees and other significant site features;

3.

Types and locations of plant materials used to screen the facilities; and

4.

Proposed color of the facilities.

c.

Photo or architectural simulations of the proposed facility from effected residential properties and public rights-of-way, at varying distances.

d.

All significant structures within one-half mile of the proposed site location. Significant structures include all publicly or privately owned buildings or structures (excluding utility poles) or street or traffic light standards that are over 75 feet in height. The information will be used to determine whether possible collocation sites and/or antenna support structures exist in lieu of the construction of new towers. Notwithstanding the foregoing, the applicant may, if it can establish that the collocation survey is too broad for its system design, submit a collocation survey that is appropriate for its radius of coverage, as determined by its system design. The collocation survey shall be based upon a percentage of the radius of coverage, as determined by system design, and shall cover a radius from the proposed site of not less than ten percent of the basic radius of coverage for the system.

e.

A demonstration that the tower must be located where it is proposed in order to service the applicant's service area. WTFs shall be located in the highest listed preferential siting location, as indicated in section 98-722, as technologically, legally and economically feasible. There shall be an explanation of why a tower and the proposed site is technically, legally and economically necessary and, if applicable, why the WTF is not located in a higher preference zone. Radio frequency (RF) signal propagation maps, or other appropriate signal propagation maps, will be made available to the city.

f.

A detailed landscape/screening plan.

g.

Name, address and telephone number of the person responsible for removal of the WTF in the event of an abandonment as provided in this article. If any of the information should change after the permit and/or special exception has been approved, such updated information shall be provided to the zoning administrator within ten business days.

h.

Copies of the FAA application and/or approval, if the applicant is required by applicable law and/or regulations to seek such approval.

i.

Explanation justifying the requested height of the WTF.

j.

Written certification from the owner or the owner's authorized agent that the WTF cannot be collocated on another tower or antenna support structure. When making such certification, the applicant shall certify that the existing structure does not meet the applicant's structural specifications or technical requirements, or that a collocation agreement could not be obtained at commercially reasonable terms and conditions, including, without limitation, the price. If the applicant can show, by appropriate documentation, that the reasonable and necessary costs to collocate are in excess of costs to construct a new tower, the costs to collocate are presumed to be unreasonable.

k.

A signed statement, indicating that the:

1.

Applicant agrees to allow for the potential collocation of additional WTFs by other providers on the applicant's structure or within the same site location, if an additional user agrees, in writing, to meet commercially reasonable terms and conditions for shared use;

2.

Applicant agrees to remove the facility within 180 days after the site's use is discontinued; and

3.

WTF will be maintained in good condition, order and repair so as not to endanger the life or property of any person.

l.

Engineering statements and drawings from a duly licensed engineer in the state, describing the tower's antenna capacity/wind load, description of measures taken to allow the possible collocation of other antennas and a certification that the WTF will be constructed in compliance with the current version of electronic industries association/telecommunications industries standards, as may be amended from time to time, and all other applicable laws, regulations and standards.

(2)

The zoning administrator shall approve or reject the applicant's request within 30 days after the filing of the completed application in the planning and zoning department. If the application is not denied within such 30-day period, then the application shall be deemed to be approved. The zoning administrator shall notify the applicant, in writing, when the filing and application is deemed complete. Any decision by the zoning administrator to deny an application for a building permit for WTFs shall be in writing and supported by substantial evidence in a written record. Any decision by the zoning administrator may be appealed to the board of adjustment. The board of adjustment shall approve or deny the application for construction of a WTF no later than 60 days after the original filing with the zoning administrator is complete in accordance with the requirements of this article. If the application is not denied within such 60-day period, then the application shall be deemed to approved. Any decision by the board of adjustment to deny an application for a building permit or special exception for WTFs shall be in writing and supported by substantial evidence in a written record.

(Ord. No. 00-22, § V, 6-27-2000)

Any request to device from any of the requirements of this article shall require variance approval in conformance with the procedures set forth in this chapter.

(Ord. No. 00-22, § IX, 6-27-2000)

(a)

The following requirements shall apply to all wireless telecommunications facilities (WTFs), regardless of the zoning district in which they are to be located, and such requirements must be complied with by the applicant for the permit and/or special exception:

(1)

The height of WTFs cannot exceed 200 feet, subject to the following provisions:

a.

If the applicant desires to increase the height of an existing WTF, permitted pursuant to the provisions of this article, the applicant may file an application in accordance with the requirements of section 98-723. Even if the existing WTF was permitted by special exception, the zoning administrator may grant the applicant a building permit to extend the height of the WTF without requiring the applicant to obtain permission from the board of adjustment, provided that the height increase is not greater than 50 feet. Any requested increase greater than 50 feet in height will require the approval of the board of adjustment. If the height increase will support collocation instead of additional tower construction, the zoning administrator and/or board of adjustment shall take such fact into consideration when considering the application. Any WTF height increase shall be subject to the setback requirements for any residential district described in subsection (a)(14) of this section.

b.

The height of a modified WTF cannot exceed 250 feet. The height of the WTF shall include the tower and/or antenna support structure, plus the height of the antenna. Towers and/or antenna support structures located on city approved, publicly owned property shall not be subject to the maximum height requirements.

(2)

Security fencing shall surround the tower, equipment shelter and any guy wires, either completely or individually, as determined by the zoning administrator and/or board of adjustment. The city and collocators shall have reasonable access to the tower and other WTFs. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.

(3)

Reasonable buffer plantings may be located around the perimeter of the security fence, as deemed appropriate by the zoning administrator and/or board of adjustment. Options include the planting of an evergreen screen that consists of either a hedge planted a maximum of three feet on center, a row of evergreen trees planted a maximum of five feet on center or other screens determined to be appropriate by the zoning administrator and/or board of adjustment.

(4)

Reasonable efforts shall be made to preserve existing vegetation (trees and shrubs) located at the site.

(5)

Compliance shall be required with collocation requirements as described in section 98-742.

(6)

Any application to locate WTFs on a building or structure that is listed on an historic register or is in an historic district shall be subject to review by a committee appointed by the city council.

(7)

The tower shall be painted a noncontrasting gray or similar color, minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA). Reasonable efforts must be made by applicant so that WTFs shall be aesthetically and architecturally compatible with the surrounding environment.

(8)

No advertising is permitted anywhere on WTFs, with the exception of identification signage.

(9)

No tower shall be artificially lighted, except to assure safety or as required by the FAA.

(10)

"No trespassing" signs shall be posted around the WTF, with a telephone number of the person to contact in the event of an emergency.

(11)

Equipment shelters must meet the following requirements:

a.

All applicable front, side and rear yard setback requirements shall be met; and

b.

Such shelters shall be of a neutral color, and exterior building materials that are compatible with surrounding structures shall be used.

(12)

Towers must be designed and certified by an engineer to be structurally sound and, at a minimum, in conformance with the applicable building codes and standards, including, without limitation, the electronic industries association/telecommunication industries standards, which may be amended from time to time.

(13)

WTFs shall meet all existing noise standards of this Code. In addition, noise levels shall not exceed ambient noise levels, when measured at the property boundaries, except in designated emergencies or for emergency generator testing. During generator testing, noise levels shall not exceed 5 dBA above ambient noise levels, when measured at the property boundaries.

(14)

WTFs, towers and equipment shelters shall comply with the building setback requirements for the specific zoning district. In addition, WTFs, either on a tower or not attached to a tower, must be located a minimum distance from the nearest residential district boundary line and/or nearest structure used for or designed for residential purposes regardless of the zoning district in which the residential structure is located, including, without limitation, duplexes, multi-family structures and other residential structures, equal to at least 200 feet or 300 percent of the height of the WTF or tower, whichever is greater. For purposes of determining the distance requirement from residential structures, the measurement of the distance shall be to the property line of the nearest residential structure.

(b)

The following requirements shall also apply to all WTFs for commercial use, not attached to towers, and must be complied with by the applicant for the permit and/or special exception:

(1)

A building permit and/or special exception shall be required for an antenna for commercial use, not attached to a tower, in all allowed zoning districts.

(2)

Antennas for commercial use, not attached to a tower, are prohibited in all residential districts, unless attached to an antenna support structure located on property that is legally developed with a nonresidential use, such as a church, school or other nonresidential use, after obtaining a special exception.

(3)

Antennas for commercial use, not attached to a tower, are allowed in manufacturing districts, commercial districts, and A-1 districts as a conditional right of use subject to conditions and restrictions contained in this article. For purposes of this article, "manufacturing districts" are defined as M-1 restricted industrial districts and M-2 industrial districts or any other manufacturing districts created by the city. For purposes of this article, "commercial districts" are defined as CO commercial office districts, CN commercial neighborhood districts, C-U college/university district, C-1 local business district, C-2 general business district, C-2A downtown business district and any other commercial district created by the city.

(4)

New antennas shall be located in the highest listed preferential siting location as indicated in section 98-722, as technologically, legally and economically feasible. Applicants will be required to submit, in writing, technical, legal and/or economic reasons for not locating in a higher preference zone.

(5)

An antenna for commercial use, not attached to a tower, shall not extend more than 30 feet above the highest point of the antenna support structure in residential districts, and 50 feet above the highest point of the antenna support structure in commercial and manufacturing districts, subject to the maximum height restrictions applicable to WTFs contained in subsection (a)(1) of this section.

(6)

Equipment shelters for an antenna for commercial use, not attached to a tower, must comply with the same requirements as stated in this section, unless the equipment is attached to the antenna support structure or enclosed within another structure on the property.

(7)

Antennas for commercial use, not attached to a tower, shall utilize reasonable camouflaging techniques or, if reasonably feasible, shall be side mounted to an antenna support structure in order for the WTFs to harmonize with the character and environment of the area in which they are located.

(c)

The following requirements shall apply to all WTFs and antennas for noncommercial use, not attached to towers, and attached to antenna support structures and/or micropoles, and such requirements must be complied with by the applicant:

(1)

A building permit and/or special exception shall not be required for an antenna for noncommercial use, not attached to a tower, provided that, in residential districts, the antenna does not exceed 30 feet in height if mounted on a micropole, or more than 30 feet above the highest point of the antenna support structure, and in commercial and manufacturing districts, the antenna does not exceed 50 feet in height if mounted on a micropole, or more than 50 feet above the highest point of the antenna support structure.

(2)

If the height restrictions set forth in subsection (c)(1) of this section will be exceeded, a building permit will have to be obtained from the zoning administrator. In no event shall the height of the antenna exceed 50 feet in residential districts.

(3)

No micropole upon which an antenna for noncommercial use is attached shall be allowed in the front yard of the property located in a residential district.

(4)

Antennas for noncommercial use, not attached to a tower, shall utilize reasonable camouflaging techniques or, if reasonably feasible, shall be side mounted to an antenna support structure in order for the WTFs to harmonize with the character and environment of the area in which they are located.

(Ord. No. 00-22, § VI, 6-27-2000; Ord. No. 22-13, § I(d), (e), 8-23-2022)

(a)

Public property.

(1)

In order to encourage the location of wireless telecommunications facilities (WTFs) on publicly owned property, the city shall undertake an identification of publicly owned properties that the city determines are suitable for such use. The city shall regularly update such identification and make the results of such identification available to the public.

(2)

Persons locating WTFs upon such identified publicly owned properties shall be exempt from the requirements stated in this article; provided, however, a license or lease authorizing such WTFs has been approved by the city council.

(b)

New towers. No new tower shall be constructed in the city unless such tower is capable of accommodating at least two antennas.

(c)

Issuance of building permit and/or special exception. A building permit and/or special exception shall be issued only if there is no technically suitable space reasonably available on an existing tower or antenna support structure within the geographic area to be served. In accordance with the collocation survey that must be performed by the applicant in accordance with section 98-723(1)d., the applicant shall list the location of every tower, building or structure within such area that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower or antenna support structure. When making such demonstration, the applicant shall certify that the existing structure does not meet the applicant's structural specifications or technical requirements, or that a collocation agreement could not be obtained at commercially reasonable terms and conditions, including, without limitation, the price. If the applicant can demonstrate that the reasonable and necessary costs to collocate are in excess of costs to construct a new tower, the costs to collocate shall be presumed to be unreasonable.

(Ord. No. 00-22, § VIII, 6-27-2000)

(a)

All providers utilizing towers shall present a report to the zoning administrator notifying the zoning administrator of any tower facility located in the city the use of which will be discontinued and the date the use will cease. If, at any time, the use of the facility is discontinued for 180 days, a designated local official may declare the facility to be abandoned, not including any dormancy period between construction and the initial use of the facility. The facility's owner/operator will receive written notice from the city and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling of the facility does not occur, the city will remove, or contract to have removed, the facility and assess the owner/operator the costs of such removal.

(b)

The city must provide the owner of the tower with three months notice, and an opportunity to be heard before the city council, before initiating such action. After such notice has been provided, the city shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the tower and all appurtenances and assess the owner/operator the costs of such demolition.

(c)

The city shall provide the owner of the tower with the right to a public hearing before the city council, which public hearing shall follow the three-month notice required in subsection (b) of this section. All interested parties shall be allowed an opportunity to be heard at the public hearing.

(d)

After a public hearing is held pursuant to subsection (c) of this section, the city council may order the acquisition or demolition of the tower. The city may require the licensee to pay for all expenses necessary to acquire or demolish the tower.

(Ord. No. 00-22, § VIII, 6-27-2000)