(A)   The purpose of this subchapter is to establish predictable and balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare.

   (B)   The provisions of the section are intended to maximize the use of existing towers, structures and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community.

(Prior Code, § 11-23-1) (Ord. 258, passed 5-4-2006)

   The following standards shall apply to all personal wireless service telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna.

   (A)   All obsolete and unused antennas and towers shall be removed within 12 months of cessation of operation at the site by the antenna or tower owner, unless an exemption is granted by the city. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associate facilities when they are abandoned, unused or become hazardous shall be submitted to the city.

   (B)   All antennas and towers shall be in compliance with all State Building and Electrical Code requirements and as applicable shall require related permits. Applications to erect new antennas and/or towers shall be accompanied by any required federal, state or local agency licenses.

   (C)   Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and as may be necessary, as determined by the City Engineer, shall be verified and approved by a professional engineer.

   (D)   When applicable, written authorization for antenna and/or tower erection shall be provided by the property owner.

   (E)   No advertising message shall be affixed to the antenna and/or tower structure.

   (F)   Antennas and/or towers shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety.

   (G)   If a new tower of 75 feet or greater in height is to be constructed, it shall be designed structurally, electrically and in all respects, to accommodate both the applicant's antennas and antennas for at least one additional use, including but not limited to other personal wireless service communication companies, local police, fire and ambulance companies. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

   (H)   Towers shall be painted a non-contrasting color consistent with the surrounding area such as blue, gray, brown or silver or have a galvanized finish to reduce visual impact, unless otherwise required by a governmental agency.

   (I)   All antennas and towers shall be reasonably posted and secured to protect against trespass, including appropriate measures to prevent unauthorized persons from climbing any tower.

   (J)   Towers shall comply with all applicable Federal Aviation Administration (FAA) regulations.

   (K)   Amateur radio towers shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.

   (L)   Except as may be applicable in case where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service shall be exempt from the following:

      (1)   Division (H) above;

      (2)   Section 152.333; and

      (3)   Section 152.334.

(Prior Code, § 11-23-2) (Ord. 258, passed 5-4-2006)

   (A)   All towers, antenna support structures and related equipment or structures shall be kept and maintained in good condition, order and repair so as not to menace or endanger the life or property of any person.

   (B)   All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the State Building Code and federal and state law.

   (C)   The city shall have authority to enter onto the property upon which a tower is located to inspect the tower for the purpose of determining whether it complies with the State Building Code and all other construction standards provided by the city's code, federal and state law. The city reserves the right to conduct inspections at any time, upon reasonable notice to the owner. All expenses related to inspecting by the city shall be borne by the owner.

(Prior Code, § 11-23-3) (Ord. 258, passed 5-4-2006)

   Where allowed, wireless communication towers shall be of a monopole design unless the City Council determines that an alternative design requested by the applicant would better blend into the surrounding environment.

(Prior Code, § 11-23-4) (Ord. 258, passed 5-4-2006)

   An application for a new tower shall not be approved unless the applicant demonstrates that the antennas cannot be accompanied on an existing or approved tower, building or structure within a two mile search radius 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, building or structure 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 engineer and interference cannot be prevented at a reasonable cost.

   (C)   Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure.

   (D)   Existing or approved towers, buildings or other structures do not exist in the search area or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs to the users.

   (E)   The applicant shall demonstrate that a good faith effort to co-locate on existing towers or structures was made, but an agreement could not be reached.

(Prior Code, § 11-23-5) (Ord. 258, passed 5-4-2006)

   The following standards shall apply to all accessory antennas including radio and television receiving antennas, satellite dishes, TVROs three meters or less in diameter, short-wave radio dispatching antennas or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers.

   (A)   Accessory antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of five feet from all lot lines.

   (B)   Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of one foot from all lot lines.

   (C)   Accessory antennas and necessary support structures, monopoles or towers may extend a maximum of 15 feet above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of two times the normal height restriction for the affected zoning district.

   (D)   The installation of more than one accessory structure and support structure per property shall require the approval of a conditional use permit.

(Prior Code, § 11-23-6) (Ord. 258, passed 5-4-2006)

   (A)   Residential and B-1 District standards.

      (1)   Antennas located upon an existing tower or structure. Personal wireless service antennas as a permitted secondary use may be located upon existing towers or structures shall require the processing of an administrative permit and shall comply with the following standards.

         (a)   Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable accessory building setback requirements and shall be screened from view by landscaping where appropriate.

         (b)   An administrative permit is issued by the city, subject to the following conditions:

            1.   Antennas mounted on buildings or structures shall not extend more than 15 feet above the structural height of the building or structure to which they are attached;

            2.   When antennas extend above the roof height of a building on which it is mounted, it shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public places. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette; and

            3.   Wall or facade mounted antennas may not extend more than five feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building.

         (c)   In no case shall a personal wireless service antenna be located upon or affixed to a detached single-family residential dwelling.

      (2)   New towers. The erection of new personal wireless service antenna towers within residential and business zoning districts of the city is prohibited.

   (B)   Industrial District standards.

      (1)   Antennas located upon an existing structure or existing tower. Personal wireless service telephone antennas as a permitted secondary use may be located upon an existing structure or co-located on an existing tower shall require the processing of an administrative permit and shall comply with the following standards:

         (a)   An administrative permit is issued by the city;

         (b)   Antennas mounted on buildings or structures shall not extend more than 15 feet above the structural height of the building or structure to which they are attached;

         (c)   When antennas extend above the roof height of a building on which it is mounted, it shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public places. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette; and

         (d)   Wall or facade mounted antennas may not extend more than five feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

      (2)   New towers. New towers as a permitted secondary use shall require approval of a conditional use permit per §§ 152.070 through 152.074 of this chapter and shall comply with the following conditions.

         (a)   The applicant shall demonstrate to the satisfaction of the city that location of the antennas as proposed is necessary to provide adequate portable personal wireless service telephone coverage and capacity to areas which cannot be adequately served by locating the antennas on an existing tower or support structure.

         (b)   If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided that:

            1.   Towers with a maximum capacity to support two antennas shall not exceed 140 feet in height. Towers with a minimum capacity to support three antennas shall not exceed 160 feet in height; and

            2.   The setback of the tower from the nearest property line is not less than the height of the antenna. Exceptions to the setback may be granted in those cases when a qualified structural engineer specifies in writing that any failure of the pole will occur within a lesser distance under all foreseeable circumstances. The setback shall not be reduced in cases where the subject site abuts a residential zoning district.

         (c)   Monopoles require a visual impact analysis which shall include computer generated visual simulations of the proposed monopole and where appropriate for proper analysis, a crane or balloon launching demonstrating the height of the monopole may be required.

         (d)   Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable necessary building setback requirements, and shall be screened from view by landscaping where appropriate.

         (e)   At the discretion of the city, a security fence not greater than eight feet in height with a maximum opacity of 50% shall be provided around the support structure, as well as no climb security measures shall be provided on the tower or support structure.

         (f)   At the discretion of the city, landscaping may be required to adequately screen the base of the site from surrounding areas.

(Prior Code, § 11-23-7) (Ord. 258, passed 5-4-2006)

   Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards.

   (A)   The antenna shall be considered an allowed conditional use within all industrial districts of the city and shall be subject to the regulations and requirements of §§ 152.115 through 152.118 of this chapter.

   (B)   The antennas, transmitting towers or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower or array of towers measured between the base of the antenna or tower located nearest a property line and the property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

   (C)   Unless the antenna is mounted on an existing structure, at the discretion of the city, a fence not greater than eight feet in height with a maximum opacity of 50% shall be provided around the support structure and other equipment, as well as no climb security measures shall be provided on the tower or structure.

(Prior Code, § 11-23-8) (Ord. 258, passed 5-4-2006)