In order to protect the public health, safety, and general welfare of the community, while accommodating the communication needs of residents and businesses, these regulations are necessary in order to:

   A.   Facilitate the provision of wireless telecommunication services to the residents and businesses of the municipality;

   B.   Minimize adverse visual effects of towers through careful design and siting standards;

   C.   Encourage the location of towers in nonresidential areas through performance standards and incentives;

   D.   Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

   E.   Provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing. (1974 Code § 4-2401)

   A.   Incorporation: Sections 9-2-2, "Interpretation Of Terms And Words" and 9-2-3, "Definitions", of this title are incorporated into this chapter by reference.

   B.   Additional Definitions: Additional definitions of words used in this chapter:

   COLLOCATION: The use of a single support system on the ground by more than one carrier or several support systems on an existing building or structure by more than one carrier.

   FACADE MOUNTED: Directly attached or affixed to the elevation of a building, tank, or other structure.

   FREESTANDING TOWER: A tower not physically attached to a building or structure. A tower is attached to the ground by a foundation.

   LATTICE TOWER: A support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross section.

   MASTER DEVELOPMENT PLAN: A plan showing a carrier's expected network of wireless communication facilities within the city and its area of impact.

   TEMPORARY WIRELESS COMMUNICATION FACILITY: Any tower, pole, antenna, etc., designed for use while a permanent wireless facility is under repair, or for a special event or conference where the existing communication capabilities will not meet the requirements.

   UTILITY POLE: A telephone, power, light, cable television, or flag pole. Light poles shall include street, stadium and security light poles.

   WIRELESS COMMUNICATIONS FACILITY: An unstaffed commercial facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, and other facilities. (1974 Code § 4-2402)

   A.   Collocation Requirements:

      1.   A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the planning and zoning commission finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (1/2 mile search radius for towers under 120 feet in height, 1/4 mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:

         a.   The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

         b.   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

         c.   Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

         d.   Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

         e.   The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for collocation are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

   B.   Tower Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the federal aviation administration or other federal or state authority for a particular tower.

   C.   Temporary Wireless Communications Facilities: Any facility designed for temporary use is subject to the following:

      1.   Use of a temporary facility is allowed only if the owner has received a temporary use permit from the planning and zoning clerk.

      2.   Temporary wireless facilities are permitted for use for the period of time determined to be reasonable by the planning and zoning clerk based upon the requirements of the permit request.

   D.   Abandonment Or Unused Wireless Communication Facility:

      1.   Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communication facility within ninety (90) days of the date of abandonment or discontinuation of use, and restore the site to its original condition.

      2.   Unused portions of towers above a manufactured connection shall be removed within ninety (90) days of the time of discontinuance of use. The replacement of portions of a tower previously removed requires the issuance of a new wireless facility permit.

      3.   The carrier shall provide to the city, prior to issuance of a permit, a performance bond in the amount of twenty thousand dollars ($20,000.00) or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the facility will be removed when no longer in use. The city shall be named as an obligee in the bond and must approve the bonding company.

   E.   Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. (1974 Code § 4-2403)

   A.   Use: The placement, use or modification of any wireless communication facility is subject to the provisions of this section.

      1.   Residential Zones: New freestanding towers are prohibited. Wireless communication facilities attached to utility poles, existing towers or facades attached to nonresidential buildings are permitted subject to the provisions of this section.

      2.   Nonresidential Zones: Lattice towers are prohibited. Other wireless communication facilities are permitted subject to the provisions of this section.

      3.   Preferred Locations And Facility Types:

         a.   Site Selection Criteria: A master development plan is to be created, prior to any wireless communication facility permit request, based upon engineering constraints and desired areas of service. Wireless communication facilities shall be located on a master development plan in the following priority order:

            (1)   Collocation on an existing tower, structure or building. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate as described in this section.

            (2)   Publicly owned property.

            (3)   Other nonresidential buildings or vacant nonresidentially zoned land.

         b.   Facility Type Preferred:

            (1)   Roof mounted.

            (2)   Facade mounted.

            (3)   Utility pole mounted.

            (4)   Freestanding.

      4.   Prohibitions: The following are prohibited or restricted:

         a.   Lattice towers are prohibited.

         b.   Interference with city and public safety communication systems and/or area television or radio broadcast is prohibited.

         c.   Freestanding towers within residentially zoned areas are prohibited.

         d.   Diagonal bracing is permitted only to anchor the antenna to an existing building to which the antenna is attached. (1974 Code § 4-2404)

The planning and zoning clerk shall have the authority to approve applications for wireless communication facilities collocating on existing structures or utility poles provided they meet all the requirements of this chapter. All other wireless communication facilities shall require a conditional use permit from the planning and zoning commission. An application for a conditional use permit for a wireless communication facility shall contain the information set forth below in addition to the standard application information required for all conditional use permits:

   A.   Site Plan: A site plan including location, type and height of the proposed wireless communication facility with setbacks, property lines, adjacent land uses, structures and zoning.

   B.   Elevation Drawings: Elevation drawings or before and after photographs/drawings simulating and specifying the location and height of the antennas, support structures, equipment enclosures and other accessory uses.

   C.   Master Development Plan: The master development plan showing the location of all existing and proposed wireless communication facility sites of the applicant within the city and its area of impact, including the service area of each wireless communication facility.

   D.   Evidence Of Unavailability: Evidence demonstrating the unavailability of collocation, as set forth in this section.

   E.   Agreement: A signed and notarized statement by the applicant agreeing to accommodate collocation of additional antennas on the tower and that the applicant agrees to enter into leases with other providers allowing use of the tower at a monthly lease rate not to exceed one-half (1/2) the capital cost of the tower, excluding the equipment to be used exclusively by the applicant, paid over fifteen (15) years at seven percent (7%) interest. The maximum monthly lease rate shall be included in the application.

   F.   Lease Agreement: A lease agreement with the landholder that allows other providers to locate equipment on the subject property, and provides that if the provider fails to remove the wireless communication facility and equipment within ninety (90) days of its discontinued use, the responsibility for removal shall belong to the landholder. (1974 Code § 4-2405)

   A.   Roof Mounted:

      1.   Height: Roof mounted wireless communication facilities may extend above the highest portion of the roof, including parapet walls, by a distance equal to its distance to the nearest exterior wall.

      2.   Setback: Roof mounted wireless communication facilities shall be set back from the edge of the building the height of the antenna and support system.

      3.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

   B.   Facade Mounted:

      1.   Height: Facade mounted wireless communication facilities may not exceed five feet (5') above the facade to which it is attached.

      2.   Projection: Maximum projection of eighteen inches (18"), but may not encroach into the public right of way.

      3.   Attachment: The antenna and supporting electrical and mechanical equipment must be the same color as the supporting structure so as to make the antenna and related equipment as unobtrusive as possible.

   C.   Utility Pole Mounted:

      1.   Height: Maximum height of one hundred thirty three percent (133%) of the height of the original utility pole or an additional fifteen feet (15'), whichever is greater.

      2.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

      3.   Attachment: The antenna shall be either fully concealed within the utility pole or face mounted (not to exceed 18 inches from the face of the pole). Standoffs and amps platforms are prohibited.

      4.   Pole Replacement: Existing utility poles may be replaced with a new utility pole of the same height, dimensions and appearance as the existing utility pole.

      5.   Equipment Enclosures: Aboveground equipment enclosures on utility poles in the right of way shall not exceed twelve (12) cubic feet in volume and shall be constructed so as to minimize their visual impact. Aboveground equipment enclosures off the right of way shall meet building line setbacks in the underlying district, and shall be finished to blend in with the surrounding area. If a security fence is installed, landscaping and screening shall be installed to visually screen the aboveground equipment enclosure. Landscaping and screening shall consist of a combination of trees, foliage and shrubs of dense spacing in the form of either: a) a screening wall or fence surrounded by a five foot (5') wide landscape planter; or b) a ten foot (10') wide landscape planter without a screening wail or fence. All landscaping shall be watered, fertilized and maintained as necessary. All dead plantings shall be replaced within thirty (30) days.

      6.   Relocation Of Utilities: In the event the utilities located on a utility pole are relocated underground, the wireless communication facility shall be relocated to another location pursuant to the requirements of this section.

   D.   Freestanding:

      1.   Height: Freestanding towers shall not exceed one hundred feet (100') in height as measured from the ground.

      2.   Setback: Setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall be set back from all residential and residentially zoned property one hundred twenty five percent (125%) of the tower height as measured from ground level.

      3.   Color: Freestanding towers shall be painted a neutral earth tone color, simulate a standard utility pole, or otherwise be camouflaged or disguised so as to make the tower as unobtrusive as possible.

      4.   Attachment: The antenna shall be either fully concealed within the tower or face mounted (not to exceed 18 inches from the face of the tower). Standoffs and amps platforms are prohibited.

      5.   Landscaping: Landscaping and screening shall be installed to visually screen the support structure and aboveground equipment enclosures. Landscaping and screening shall consist of a combination of trees, foliage and shrubs of dense spacing in the form of either: a) a screening wall or fence surrounded by a five foot (5') wide landscape planter; or b) a ten foot (10') wide landscape planter without a screening wall or fence. All landscaping shall be watered, fertilized and maintained as necessary. All dead plantings shall be replaced within thirty (30) days. (1974 Code § 4-2406)