In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the council finds that these regulations are necessary to:

1. Maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community;
2. Ensure antennas and towers are designed, located, and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the antenna and tower through structural standards and setback requirements;
3. Require antenna and tower sites to be secured in order to discourage trespassing and vandalism;
4. Require tower equipment to be screened from the view of persons located on properties contiguous to the site and/or to be camouflaged in a manner to complement existing structures to minimize adverse visual effects of antennas and towers; and
5. Establish criteria under which wireless communication providers may utilize public utility structures within city controlled public right of way and drainage and utility easements adjacent to public right of way for collocation of antennas. (Ord. 1088, 8-6-2007)

ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.

FIXED WIRELESS SIGNAL: Any commercial nonbroadcast communication signals transmitted via wireless technology to and/or from a fixed customer location, which may include the following: audio, video and data communications. This definition does not include broadcast communication signals such as: AM radio, FM radio, amateur ("ham") radio, citizens band (CB) radio, and digital audio radio service (DARS) signals.

PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services.

PROTECTED RESIDENTIAL PROPERTY: Any property within the city that meets all of the following requirements:

1. The property is zoned R-1, R-1A, R-2, R-3A, or R-3D;
2. The property is designated on the comprehensive plan as residential, including manufactured housing park; and
3. The property is used or subdivided for use as residential.

PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or landline telephone service to the general public. For the purpose of this chapter, personal wireless services shall not be considered public utility uses, and are defined separately.

TOWER: Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen feet (15'), including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

TOWER, MULTIUSER: A tower which is designed to accommodate the antennas of more than one personal wireless service provider or governmental entity. (Ord. 1088, 8-6-2007; amd. Ord. 1106, 1-22-2008)

1. Height Determination: The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure at the tower's point of attachment and tower must meet the height restrictions of this section.
2. Maximum Height: Except as provided in subsection (C) of this section, maximum heights for towers are as follows:
   1. In all protected residential property, the maximum height of any tower, including all antennas and other attachments, shall be thirty feet (30'), except that no tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet (5').
   2. In residential zoned property other than protected residential property, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot (1') for each two feet (2') the tower is set back from protected residential property up to a maximum height of seventy five feet (75') for towers and antennas located on property developed for apartment buildings and one hundred fifty feet (150') in all other cases, except that no tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet (5').
   3. In all nonresidential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot (1') for each two feet (2') the tower is set back from protected residential property, up to a maximum height of one hundred fifty feet (150'). The city council may allow towers up to two hundred feet (200') high if the applicant can demonstrate, based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off site views of the tower will be minimized. Owners of certain antenna structures more than two hundred feet (200') above ground level at the site must notify the federal aviation administration and register with the federal communications commission.
   4. In the case of any proposal to construct or alter a structure of two hundred feet (200') or greater in height (above ground level of the site), or any proposal to construct or alter a structure to a height greater than an imaginary surface extending upward and outward at a slope of one hundred to one (100:1) from the nearest point of the runway of a public airport, the applicant shall notify the commissioner of the Minnesota department of transportation in writing of the plans at least thirty (30) days in advance of making applicable permit requests to the city. The applicant shall provide the city planner with any comments received from the commissioner of the Minnesota department of transportation as part of the required applicable permit request. This local reporting is in addition to any federal permit and review process which may be simultaneously required. (Ord. 1236, 6-21-2011)
3. Exceptions: The following are exceptions to the maximum height restrictions for towers:
   1. Multiuser Towers: Multiuser towers may exceed the height limitations of this section by up to twenty feet (20'), provided that if only the antennas of a single personal wireless service provider will be attached to the tower at the time of application, the additional twenty feet (20') will not be used but will remain vacant for use by a second personal wireless service provider.
   2. Amateur Radio Antenna: In accordance with the preemption ruling PRB1 of the federal communications commission, towers supporting amateur radio antennas that comply with all other requirements of this section are exempted from the height limitations of this section up to a total height of seventy feet (70'), provided that such height is technically necessary to receive and broadcast amateur radio signals.
   3. Attached To Structures: Towers and other antenna devices which are attached to a structure and not freestanding may be located in residential zoned districts under the following conditions:
      1. The towers and antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures; and
      2. The towers and antennas are limited to a height of fifteen feet (15') projecting above the structure. The city council may permit antenna heights of up to twenty five feet (25') above the structure if the applicant can demonstrate that, by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the structure, off site views of the antenna are minimized to accepted levels.
   4. Public Utility Structures: Public utility structures, including, but not limited to, water towers, antennas, lights and signals, power and telephone poles, and poles supporting emergency warning devices.
   5. Wireless Antennas Attached To Public Utility Structures: Wireless antennas located on or attached to public utility structures within public right of way or in drainage and utility easements adjacent to public right of way allowed pursuant to a lease or master agreement with the city providing for review of the location, height and safety of the structure and antenna. (Ord. 1088, 8-6-2007)
      

Towers shall conform with each of the minimum setback requirements:

1. Principal Structure Setbacks: Towers shall meet the principal structure setbacks of the underlying zoning district except that towers may be located five feet (5') from the rear property line, provided that the rear property line abuts industrially zoned property and the tower does not encroach upon any easements.
2. Protected Residential Property: For protected residential property, the required setback for an antenna and tower not rigidly attached to a building shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building, and whose base is on the ground, may exceed this required setback by the amount equal to the distance from the point of attachment to the ground.
3. Public Rights Of Way And Roadway Easements: Towers shall be set back from all public rights of way and roadway easements by a minimum distance equal to one-half (1/2) of the height of the tower including all antennas and attachments.
4. Location Between Principal Structure And Public Street: Towers shall not be located between a principal structure and a public street, with the following exceptions:
   1. In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.
   2. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.
5. Setback Reduction: A tower's setback or its location in relation to a public street may be reduced through a conditional use permit, at the sole discretion of the city council provided ground equipment is screened.
6. Exceptions: The following are exceptions to the setback provision for towers and antennas:
   1. The setbacks in this section shall not apply to antennas collocated on existing buildings, towers or structures or public utility structures, including, but not limited to, water towers, antennas, light poles, signals, power and telephone poles, and poles supporting emergency warning devices that are located within public rights of way or in drainage and utility easements adjacent to public rights of way. (Ord. 1088, 8-6-2007)
      

Towers in the residential zoning districts are subject to the following restrictions:

1. Towers supporting amateur radio antennas and conforming to all applicable provisions of this code shall be allowed only in the rear yard of residentially zoned parcels.
2. Towers supporting personal wireless service antennas and conforming to all applicable provisions of this code shall be allowed only in the following residentially zoned locations with a conditional use permit:
   1. Church sites;
   2. Park sites, when compatible with the nature of the park;
   3. Sites guided under the city's comprehensive plan as commercial recreational business sites;
   4. Apartment complex or development; and
   5. Government, school, utility, and institutional sites.
3. Public utility towers supporting wireless antennas and conforming to all provisions of this code allowed pursuant to a lease or master agreement with the city shall be permitted in public rights of way and in drainage and utility easements adjacent to public rights of way.
4. Only one tower shall exist at any one time on any one residential parcel, unless additional towers or antennas could be incorporated into existing structures such as a church steeple, light pole, power line support device, or similar structure. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this code located in public rights of way and within drainage and utility easements adjacent to public rights of way that are allowed pursuant to a lease or master agreement with the city. (Ord. 1088, 8-6-2007)
   

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. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. (Ord. 1088, 8-6-2007)

No signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities. (Ord. 1088, 8-6-2007)

All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements for accessory structures of the underlying zoning district. Ground mounted equipment shall be screened pursuant to section 10-7-18 of this title, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. The setback provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this code that are located in public rights of way or in drainage and utility easements adjacent to public rights of way that are allowed pursuant to a lease or master agreement with the city. (Ord. 1316, 4-8-2014)

Proposed or modified towers and antennas shall meet the following requirements:

1. Towers and antennas (including antenna cables) shall be designed to blend into the surrounding environment to the maximum extent possible as determined by the city through the use of building materials, colors, texture, screening, landscaping, and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration;
2. Personal wireless service towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this code that are located in public rights of way or in drainage and utility easements adjacent to public rights of way that are allowed pursuant to a lease or master agreement with the city. (Ord. 1088, 8-6-2007)
   

All personal wireless service towers erected, constructed, or located within the city shall comply with the following requirements:

1. A proposal for a new personal wireless service tower shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building, that is greater than seventy five feet (75') in height, within a one-fourth (1/4) mile search radius for towers less than one hundred twenty feet (120') in height or a one-half (1/2) mile search radius for towers equal to or greater than one hundred twenty feet (120') in height of the proposed tower due to one or more of the following reasons:
   1. 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.
   2. 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 radio frequency engineer.
   3. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
2. The applicant must demonstrate that a good faith effort to collocate antennas on existing towers and structures was made, but an agreement could not be reached.
3. Proposed personal wireless service towers shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred feet (100') in height or for at least one additional user if the tower is over seventy five feet (75') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (Ord. 1088, 8-6-2007)
   

All towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the following requirements:

1. Building Permit: It shall be unlawful for any person, firm, or corporation to erect, construct, place or reerect, replace, or make structural repairs to any tower without first making application for and securing a building permit as provided in title 4 of this code, except as provided in subsection (C) of this section.
2. Professional Engineer's Report: The applicant shall provide a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with all applicable structural and electrical, but not radio frequency, standards, including, but not limited to, the Minnesota state building code, and includes the engineer's certification.
3. Exceptions: Building permits are not required for:
   1. Adjustment, repair, or replacement of existing antennas or the elements of an antenna array affixed to a tower or antenna; provided, that adjustments or replacement does not reduce the safety factor.
   2. Routine maintenance (e.g., painting) and other nonstructural related repairs of towers.
   3. Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick up operations, provided that all requirements of subsection (E) of this section are met, with the exception of subsection (E)8 of this section (regarding corrosive material) which is waived. Temporary antennas shall be removed within seventy two (72) hours following installation, unless additional time is approved by the chief building official. Temporary towers erected for emergency purposes may be exempt from setback requirements of this chapter as determined by the chief building official.
   4. Public utility structures supporting wireless antennas and conforming to all provisions of this code that are located within public right of way allowed pursuant to a lease or master agreement with the city providing for review of the location, height and safety of the structure and antenna.
4. Fee: The fee to be paid is that prescribed under building permit fees, section 4-1-3 of this code. (Ord. 1088, 8-6-2007)
5. Construction Requirements: All antennas and towers erected, constructed, or located within the city, including all necessary wiring, shall comply with the following requirements:
   1. Applicable Provisions: All applicable provisions of this code.
   2. Certification: Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform with the latest structural standards and wind loading requirements of the Minnesota state building code adopted in title 4 of this code, the Electronics Industry Association, the requirements of the federal aviation administration, federal communications commission and all other applicable reviewing agencies or that the tower is exempt from those regulations. (Ord. 1316, 4-8-2014)
   3. Extension Over Public Right Of Way Prohibited: With the exception of necessary electric and telephone service and connection lines approved by the city and public utility towers supporting wireless antennas and conforming to all provisions of this code and allowed pursuant to a lease or master agreement with the city, no part of any antenna or tower, nor any lines, cable, equipment, or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line.
   4. Electrical Engineering Methods And Practices: Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the national electrical code.
   5. Occupational Safety And Health Administration Requirement: All towers shall be constructed to conform with the requirement of the occupational safety and health administration.
   6. Protection Against Unauthorized Climbing: All towers shall be reasonably protected against unauthorized climbing.
   7. Zoning Restrictions: Antennas and towers may only be erected in accordance with applicable zoning restrictions.
   8. Corrosive Resistant Metal Material: Towers shall be constructed of corrosive resistant metal material.
   9. Insurance: Persons responsible for all communication towers and their antennas shall maintain a general liability insurance policy that provides coverage from any damage to property or injuries to persons caused by collapse of the tower. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one million dollars ($1,000,000.00).
   10. Inspections: All towers may be inspected at least once each year by an official of the building and inspection services division to determine compliance with original construction standards. Deviations from original design for which a permit is obtained constitutes a violation of this chapter.
       1. Notice of violations shall be sent by registered mail to the owner of the property and the owner shall have thirty (30) days from the date the notification is issued to make repairs. The owner shall notify the building and inspection division that the repairs have been made, and as soon as possible thereafter, another inspection shall be made and the owner notified of the results. (Ord. 1088, 8-6-2007)
          

1. Requirements: In all zoning districts except the TOD district, the placement of personal wireless service antennas on roofs, walls, and existing towers may be approved by the city, with a building permit.
   1. In addition to the submittal requirements required elsewhere in this code, an application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information:
      1. A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirements of this code.
      2. A building plan showing the construction of the antennas and the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this code.
      3. Certification by a qualified and licensed professional engineer indicating the existing structure's or tower's ability to support the antennas.
   2. Antenna collocation requirements for TOD zoning districts are regulated by sections 10-22B-2 and 10-22B-4 of this title. (Ord. 1316, 4-8-2014)
2. Exceptions: No building permit shall be required for:
   1. Personal wireless service antennas located on or attached to public utility structures within public right of way and allowed pursuant to a lease or master agreement with the city that provides for review of the location, height and safety of the structure and antenna. The requirements of title 8, chapter 14, "Right Of Way", of this code shall be met.
   2. Antennas that meet the exemptions under subsection 10-29-17(A) of this chapter. (Ord. 1106, 1-22-2008)
      

Antennas and towers in existence as of the effective date hereof which do not conform or comply with this chapter are subject to the following provisions:

1. Towers may continue in use for the purpose used and existing as of the effective date hereof, but may not be replaced or structurally altered without complying in all respects with this chapter.
2. If such towers are subsequently damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit for the repair or restoration, but without otherwise complying with this chapter, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be fifty percent (50%) or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter. (Ord. 1088, 8-6-2007)
   

All abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the city. In the event that a tower is not removed within twelve (12) months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. After the facilities are removed, the site shall be restored to its original or an improved state. (Ord. 1088, 8-6-2007)

No new or existing telecommunications service shall interfere with public safety telecommunications. (Ord. 1088, 8-6-2007)

1. In addition to the information required elsewhere in this title, an application for a building permit or conditional use permit for towers and antennas shall include the following supplemental information:
   1. A report from a qualified and licensed professional engineer which does the following:
      1. Describes the tower height and design including a cross section and elevation;
      2. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;
      3. Describes the tower's capacity, including the number and type of antennas that it can accommodate; and
   2. A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, so long as there is no negative structural impact upon the tower and there is no disruption to the service provided. (Ord. 1088, 8-6-2007)
      

1. Exempt: The following antennas are exempt from the requirements under this chapter except as otherwise provided in subsection (B) of this section:
   1. Satellite earth station antennas that are two meters (2 m) or less in diameter and located or proposed to be located in a business or industrial district.
   2. Except as otherwise provided under subsection (A)3 of this section, antennas designed to receive signals as follows, provided the mast supporting the antennas does not extend more than fifteen feet (15') above the roofline of the building:
      1. Antennas that are one meter (1 m) or less in diameter and that are designed to receive direct broadcast satellite service, including direct to home satellite services, or to receive or transmit fixed wireless signals via satellite;
      2. Antennas that are one meter (1 m) or less in diameter and that are designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or
      3. Antennas designed to receive television broadcast signals.
   3. The exception provided for antennas designed to receive or transmit fixed wireless signals under subsection (A)2 of this section applies to "customer end antennas", which are antennas placed at a customer location for the purpose of providing service to customers at that location, but does not apply to hub or relay antennas, which are antennas used to transmit signals to and/or receive signals from multiple customer locations. (Ord. 1106, 1-22-2008)
2. Requirements: Antennas exempted under subsection (A)2 of this section are subject to the following requirements:
   1. Antennas (including antenna cables) shall be designed to blend into the surrounding environment through the use of appropriate colors, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration;
   2. No lighting, signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities;
   3. Antennas and any guywires or guywire anchors shall not be erected within a public or private utility and drainage easements, and shall be set back a minimum of five feet (5') from all lot lines. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this code that are located in public right of way or in drainage and utility easements adjacent to public right of way that are allowed pursuant to a lease or master agreement with the city;
   4. Antennas shall meet the setback requirements specified under this chapter and, to the extent feasible, placed in a position that is not visible from the street, unless placement in accordance with these requirements would impair reception of an acceptable signal;
   5. Antennas shall meet the height limitations in this chapter, unless the applicable height limitation would impair reception of an acceptable signal; in which case, antennas shall be limited to the maximum height necessary to obtain an acceptable signal;
   6. Antennas shall not be constructed, installed, or maintained so as to create a safety hazard or cause damage to the property of other persons;
   7. With the exception of necessary electric and telephone service and connection lines approved by the city and public utility towers supporting wireless antennas and conforming to all provisions of this code that are located in public rights of way or drainage and utility easements adjacent to public rights of way allowed pursuant to a lease or master agreement with the city, no part of any antenna nor any lines, cable, equipment, or wires or braces in connection with the antenna shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line;
   8. Antennas, masts, and supporting cables shall conform with the latest structural standards and wind loading requirements of the building code and the Electronics Industry Association and any other applicable reviewing agencies.
3. Residential District Standards: Satellite earth station antennas in excess of one meter (1 m) in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter (1 m) in diameter may be allowed as a conditional use within the residential zoning districts of the city and, in addition to the requirements of this chapter, shall comply with the following standards:
   1. The lot on which the antenna is located shall be of sufficient size to assure that an obstruction free receive window can be maintained within the limits of the property ownership;
   2. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the antenna in a manner in which growth of the landscape elements will not interfere with the receive window;
   3. The antenna is not greater than three meters (3 m) in diameter; and
   4. The conditional use permit provisions of this chapter are considered and determined to be satisfied.
4. Business District Standards: Satellite earth station antennas in excess of two meters (2 m) in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter (1 m) in diameter are allowed as a conditional use within the B-1, B-2, B-3, and B-4 districts of the city and, in addition to the requirements of this chapter, shall comply with the following standards:
   1. The lot on which the antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership;
   2. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window; and
   3. The conditional use permit provisions of this title are considered and determined to be satisfied.
5. Industrial District Standards: Satellite earth station antennas in excess of two meters (2 m) in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter (1 m) in diameter may be allowed as a conditional use within the I-1, I-2, I-3, GIM and GIH districts of the city and, in addition to the requirements of this chapter, shall comply with the following standards:
   1. The lot on which the antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership;
   2. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window; and
   3. The conditional use permit provisions of this title are considered and determined to be satisfied. (Ord. 1088, 8-6-2007)
      

Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 1088, 8-6-2007)