Center City City Zoning Code

CHAPTER 214

TOWERS, ANTENNAS, AND TELECOMMUNICATIONS FACILITIES

§ 214.01 FINDINGS.

(A) The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 (“the Act”) governs the construction, placement, and modification of personal wireless service facilities.

(B) Consistent with the Act, the general purpose of this chapter is to manage the placement, construction, and modification of towers, antennas, and related facilities in order to protect the health, safety, and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.02 PURPOSE AND INTENT.

(A) In furtherance of the goals of the city and within the framework of the Act and state law, the city will give due consideration to the City’s Comprehensive Plan, zoning districts, existing land uses, and environmentally sensitive areas in approving sites for the location of towers, antennas, and related facilities. Specifically, the purposes of this section are:

(1) To provide for wireless telecommunication services for the residents and businesses of the city.

(2) To minimize adverse visual impacts of towers, antennas, and facilities through design, siting, landscaping, and innovative camouflaging techniques.

(3) To promote and encourage shared use and collocation of towers and antenna support structures so as to reduce the number of towers needed to serve the area.

(4) To avoid damage to adjacent properties caused by telecommunication towers, antennas and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained, and promptly removed when no longer used or when determined to be structurally unsound.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.03 GENERAL STANDARDS.

The following standards shall apply to all towers, antennas, and related facilities:

(A) All obsolete and unused towers, antennas, and associated above ground facilities shall be removed by the property owner within 12 months of cessation of operation at the site, unless an exemption is granted by the City Council. Any tower, antennas, and associated facilities that are not removed within 90 days of written notice by the city are declared to be public nuisances and may be removed by the city and the costs of removal assessed against the property pursuant to state law and the City Code.

(B) All tower or antennas shall be in compliance with all city building and electrical code requirements and as applicable shall require related permits.

(C) Structural design, mounting, and installation of the tower or antenna shall be in compliance with manufacturer’s specifications, and as may be necessary as determined by the Zoning Administrator and Building Official, shall be verified and approved by a structural engineer.

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

(E) The height of the tower or antenna shall be the minimum necessary to function satisfactorily, as verified by an engineer or other qualified professional.

(F) Towers or antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety.

(G) When applicable, proposals to erect new towers or antennas shall be accompanied by any required federal, state, or local agency licenses or permits.

(H) If a new tower is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least one additional use, including, but not limited to, other cellular communication companies, local police, fire, and ambulance companies. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(I) Provide documentation or studies utilized to determine the necessary location and height of the antenna.

(J) Proof of insurance coverage required. The applicant shall provide evidence satisfactory to the city that its tower or antennas thereon are adequately insured for personal injury and property damage liability. Upon request, the holder of a conditional use permit issued under this section shall submit to the City Clerk a photocopy of a certificate of insurance showing that the tower or antenna facility is insured for that calendar year.

(K) Right-of-way. Except as approved by the city, no part of any tower, antenna, or facilities, nor any lines, cable, equipment, wires, or braces shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

(L) City property. The city may authorize the use of city property for towers or antennas in accordance with the procedures of this section. The city has no obligation to allow the use of city property for this purpose.

(M) Engineer certification. Towers must be designed and certified by a licensed and qualified professional engineer to conform to the latest structural standards and wind loading requirements of the Building Code and the Electronics Industry Association and the provisions of the National Electric Code.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.04 BUILDING PERMIT REQUIRED.

Towers or antennas may not be constructed in any zoning district unless a building permit has been issued by the Building Official and any other appropriate permit has been approved by the city.

(A) Accessory and secondary use antennas. The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes TVRO’s (television receive only) 2 meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio and television receivers, but not including antennas used in the amateur radio service regulated by § 214.04(B) (Building Permit Required) of this title.

(1) Single satellite TVRO’s accessory to a residential use shall not exceed 1 meter in diameter except as provided for by § 214.04(C) (Building Permit Required) of this title.

(2) Accessory and secondary use antennas used for federally licensed amateur radio stations or for the amateur radio service shall be regulated by § 214.04(B) (Building Permit Required) of this title.

(3) Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, or buffer yard, and shall be set back a minimum of 10 feet from all lot lines.

(4) 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 5 feet from all lot lines.

(5) Accessory or secondary use antennas and necessary support structures or towers, whether freestanding or mounted on another structure, may extend a maximum of 15 feet above the normal height restriction for the affected zoning district.

(6) The installation of more than 1 support structure per property shall require the approval of a conditional use permit, subject to the provisions of Chapter 196 (Conditional Use Permits) of this title.

(B) Amateur radio service. The following standards shall apply to all accessory and secondary use antennas and towers used in the amateur radio service:

(1) Antennas and towers used in the amateur radio service shall conform to all applicable provisions of this section and shall require the approval of a conditional use permit, subject to the provisions of Chapter 196 (Conditional Use Permits) of this title.

(2) Exempt provisions. Antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service shall be exempt from the requirement of § 214.03(C), (E), (H), (I), and (J) (General Standards) of this title. All other provisions of § 214.03 (General Standards) of this title shall apply.

(3) Installation requirements. Antennas and towers used in the amateur radio service shall be installed in accordance with the instructions furnished by the manufacture of the antenna or tower. Because of the experimental nature of the amateur radio service, antennas mounted on such towers 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.

(4) Location.

(a) Amateur radio service antennas and towers shall not be erected in any required yard (except a rear yard) or within a public or private utility and drainage easement, and shall meet the principal structure setbacks of the underlying zoning district.

(b) Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements or required buffer yard, and shall be set back a minimum of 5 feet from all lot lines.

(5) Tower design.

(a) Height.

1. Except as provided for in § 214.04(B)(5)(a)2. (Building Permit Required) of this title, antennas and towers used in the amateur radio service shall not exceed a height equal to the minimum height necessary to provide adequate service but shall in no case exceed 70 feet in height.

2. Vertical pole antennas not exceeding 3 inches in diameter that are utilized in the amateur radio service may extend to a maximum height of 45 feet.

(b) Fail points. Amateur radio towers shall have fail points so as to assure that the structure will collapse on the subject site and not extend to and jeopardize life or adjacent property.

(6) The installation of more than 1 tower or support structure per property shall require approval of a conditional use permit, subject to the provisions of Chapter 196 (Conditional Use Permits) of this title.

(1) Agricultural/rural and residential district standards. Single satellite dish TVRO’s greater than 1 meter and less than 3 meters in diameter may be allowed as a conditional use within the agricultural and residential zoning districts of the city and shall comply with the following standards:

(a) All accessory and secondary use provisions of § 214.04(A) (Building Permit Required) of this title are satisfactorily met.

(b) The lot on which the satellite dish 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.

(c) Except where the satellite dish is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

(d) The conditional use permit performance standards of Chapter 196 (Conditional Use Permits) of this title are considered and determined to be satisfied.

(2) Commercial district standards. Satellite dish antennas within commercial districts of the city shall be limited to those listed as permitted accessory and secondary uses in the applicable zoning district subject to the provisions of § 214.04(A) (Building Permit Required) of this title.

(3) Industrial Districts and POS Public and Open Space District standards. Commercial, private, and public satellite dish transmitting or receiving antennas in excess of 2 meters may be allowed as a conditional use and shall comply with the following standards:

(a) All accessory and secondary use provisions of § 214.04(A) (Building Permit Required) of this title are satisfactorily met.

(b) The lot on which the satellite dish 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.

(c) 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 satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.

(d) The conditional use permit performance standards of Chapter 196 (Conditional Use Permits) of this title are considered and determined to be satisfied.

(D) Personal wireless service antennas.

(1) Agricultural/Rural and Residential District standards.

(a) Personal wireless service antennas located upon an existing public or semi-public structure or tower. Personal wireless service antennas located or collocated upon an existing public or semi-public structure or tower shall require the processing of a conditional use permit and shall comply with the following standards:

1. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate wireless coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

2. Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

3. A conditional use permit is issued in compliance with the provisions of Chapter 196 (Conditional Use Permits) of this title and the following standards:

a. Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.

b. Roof-mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.

c. Wall or facade mounted antennas may not exceed more than 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

d. Antennas may be mounted to structures that are allowed to exceed the maximum height requirements of the base district pursuant to § 212.04 (Building Height) of this title. The location of antennas on such structures or towers may not exceed the height of the structure and must be architecturally compatible in form and color.

(b) Personal wireless service antennas not located upon an existing public or semi-public structure or tower. Personal wireless service antenna not located upon an existing structure or existing tower shall require the processing of a conditional use permit and shall comply with the following standards:

1. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate portable coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

2. If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that:

a. The pole does not exceed 75 feet in height, except as may be allowed by approval of a conditional use permit.

b. The setback of the pole from the nearest residential property line is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

3. Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

4. At the discretion of the city, a security fence not greater than 8 feet in height with a maximum opacity of 50% shall be provided around the support structure.

5. The conditional use permit provisions of Chapter 196 (Conditional Use Permits) of this title are considered and determined to be satisfied.

(2) Commercial Districts and POS Public and Open Space District standards.

(a) Personal wireless service antennas located upon an existing structure or existing tower. Personal wireless service antennas located or collocated upon an existing structure or existing tower shall require the processing of a conditional use permit.

1. Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.

2. A conditional use permit is issued in compliance with the provisions of Chapter 196 (Conditional Use Permits) of this title and the following standards:

a. Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.

b. Roof mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.

c. Wall or facade mounted antennas may not exceed more than 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

d. Antennas may be mounted to structures that are allowed to exceed the maximum height requirements of the base district pursuant to § 212.04 (Building Height) of this title. The location of antennas on such structures may not exceed the height of the structure and must be architecturally compatible in form and color.

(b) Personal wireless antennas not located upon an existing structure or existing tower. Personal wireless antennas not located upon an existing structure or existing tower shall require the processing of a conditional use permit and shall comply with the following standards:

1. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

2. 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:

a. The pole does not exceed 75 feet in height, except as may be allowed by approval of a conditional use permit.

4. At the discretion of the Zoning Administrator, a security fence not greater than 8 feet in height with a maximum opacity of50% shall be provided around the support structure.

5. The conditional use permit provisions of Chapter 196 (Conditional Use Permits) of this title are considered and determined to be satisfied.

(3) Industrial District standards.

1. A conditional use permit is issued in compliance with the provisions of Chapter 196 (Conditional Use Permits) of this title and the following standards:

a. Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.

b. Roof mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.

c. Wall or facade mounted antennas may not exceed more than 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

d. Antennas may be mounted to semi-public structures that are allowed to exceed the maximum height requirements of the base district pursuant to § 212.04 (Building Height) of this title. The location of antennas on such structures may not exceed the height of the structure and must be architecturally compatible in form and color.

(b) Personal wireless service antennas not located upon an existing structure or existing tower. Personal wireless service antennas not located upon a public structure or tower shall require the processing of a conditional use permit and shall comply with the following standards:

1. If there is no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a monopole tower not exceeding 195 feet in height. The tower shall be located on a parcel having a setback equal to the height of the tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances.

2. A conditional use permit is issued in compliance with the provisions of Chapter 196 (Conditional Use Permits) of this title.

(E) Temporary mobile towers. Personal wireless service antennas located upon a temporary mobile tower shall be allowed in all commercial and industrial districts and the POS Public and Open Space District on an interim basis and shall require the processing of an interim use permit according to Chapter 197 (Interim Use Permits) of this title and shall comply with the following standards:

(1) Temporary mobile towers are exempt from permanent tower structure design and collocation standards contained in § 214.06 (Collocation Requirement) and § 214.08(L) (Construction Standards) both of this title.

(2) The termination date of the permit shall not exceed 120 days unless otherwise approved by the City Council through the processing of the interim use permit as provided in Chapter 197 (Interim Use Permits) of this title.

(3) Guyed towers are prohibited.

(4) Mobile units shall have a minimum tower design wind load of 80 miles per hour, or be setback from all structures a distance equal to the height of the tower.

(5) All towers shall be protected against unauthorized climbing.

(6) The height of the tower shall not exceed 90 feet, except as may be allowed by approval of an interim use permit.

(7) Temporary towers shall be prohibited in agricultural or residential zoning districts.

(F) Commercial and public radio and television transmitting antennas, public safety communication antennas and public utility microwave antennas shall comply with the following standards:

(1) Such antennas shall be considered an allowed conditional use within the B-2 Highway Business, I-1 Light Industrial and POS Public and Open Space Zoning Districts and shall be subject to the regulations and requirements of Chapter 196 (Conditional Use Permits) of this title.

(2) If there is no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a monopole tower not exceeding 195 feet in height. The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a setback 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 said 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.

(3) Unless the antenna is mounted on an existing structure, at the discretion of the city, a fence not greater than 8 feet in height with a maximum opacity of 50% shall be provided around the support structure and other equipment.

(4) Towers in excess of 150 feet may be of a lattice design.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.05 EXEMPTIONS.

No permits are required for the following:

(A) Household television antennas extending less than 15 feet above the highest point of a residential structure.

(B) Satellite dish receiving antennas 1 meter or less in diameter.

(C) Adjustment, repair, or replacement of the elements of an antenna, provided that such work does not constitute a clear safety hazard.

(D) Antennas and antenna support structures used by the city for city purposes.

(E) Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components or previously approved facilities which do not create a significant change in visual impact or an increase in radio frequency emission levels, and provided that such work does not constitute a clear safety hazard.

(F) Two-way communication transmitters used on a temporary basis by a “911" emergency services, including fire, police, and emergency aid or ambulance service.

(G) Radio transceivers normally hand-held or installed in moving vehicles, such as automobiles, watercraft, or aircraft. This includes cellular phones.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.06 COLLOCATION REQUIREMENT.

Except for amateur radio towers, a proposal for a new tower shall not be approved unless the city finds that the antennas cannot be accommodated on an existing or approved tower, building, or structure within one mile search radius of the proposed tower due to 1 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 structural 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) Existing or approved towers, buildings, or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified engineer.

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

(E) Existing or approved towers, buildings, or other structures do not exist in the service 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 of the users.

(F) The applicant shall demonstrate in writing that a good faith effort to collocate on existing towers or structures was made, but an agreement could not be reached.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.07 SETBACKS.

All towers shall comply with each of the minimum setback requirements:

(A) Towers shall meet the principal structure setbacks of the underlying zoning district, unless otherwise provided for herein, provided the tower does not encroach upon any easements. Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located.

(B) Setback requirements for all personal wireless service or commercial and public radio and television transmitting antennas, public safety communication antennas, and public utility microwave antennas, may be reduced by variance to allow for the integration of a tower into an existing or proposed structure, such as a church steeple, light standard, power line support device, or similar structure.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.08 CONSTRUCTION STANDARDS.

(A) Tower design. A tower shall be designed to ensure that visual intrusiveness and impacts on nearby properties is mitigated to the greatest extent feasible.

(B) Protection of tower. Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

(C) Lighting. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety.

(D) Exterior finish. Towers not requiring Federal Aviation Administration painting or marking must have an exterior finish as approved in the site plan.

(E) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed as approved in the site plan.

(F) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with landscaping requirements as approved in the site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood.

(G) Associated equipment and accessory buildings.

(1) Ground equipment associated with a tower or telecommunication service facility shall be screened by vegetative or other screening compatible with the surrounding environment.

(2) No more than one accessory building is permitted per tower unless collocation requirements require a second structure. Said accessory structure may be no more than 360 square feet in size, shall meet the setback requirements of the underlying zoning district and be architecturally designed to blend in with the surrounding environment.

(3) All support structures shall be reasonably protected against climbing.

(H) Security. Towers must be reasonably posted and secured to protect against trespass. All signs must comply with Chapter 207 (Signs) of this title.

(I) Design. Towers and antennas shall be designed to blend into the surrounding environment to the maximum extent possible and constructed according to the approved site plan unless the city determines that such design is infeasible due to the lack of vertical structures in the vicinity of the proposed site.

(J) Signs and advertising. No advertising message shall be affixed to the antenna structure or tower other than warning or equipment information signs.

(K) Types of towers. 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.

(L) Tower materials. All metal towers shall be constructed of, or treated with, corrosion-resistant material.

(M) Equipment housing. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall meet the requirements of Chapter 212 (General Yard, Lot Area, and Building Requirements) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.09 APPLICATION PROCESS.

(A) Building permit required. A person desiring to construct any tower, antenna, or telecommunication facility must submit an application to the Zoning Administrator for a building permit. In addition to the building permit, certain towers, antennas, or telecommunication facilities may require a conditional use or interim use permit to be approved by the City Council. Towers, antennas, or telecommunication facilities may not be constructed in any zoning district unless the appropriate building permit has been issued by the Building Official and any required conditional use or interim use permit has been approved by the City Council.

(B) Application requirements. An application for a tower shall meet the requirements of Chapter 203 (Building Permits Required) of this title and if required either Chapter 196 (Conditional Use Permits) or Chapter 197 (Interim Use Permits) both of this title in addition to submitting the following:

(1) Legal description of the parcel on which the tower is proposed to be located.

(2) Documentation such as coverage maps showing the need for a tower at the proposed site in order to close a gap in the applicant’s wireless telecommunications service, or a gap in the service provided by a person intending to place telecommunications facilities on the tower.

(3) An inventory of existing towers, antennas, or sites approved for towers or antennas, that are either within the city or are sited in a location from which the applicant could provide service within the city, including specific information about the location, height and design of each tower and documentation showing that such existing facilities are unavailable or unsuitable to meet the applicant’s need for a tower.

(4) Separation distance of the proposed tower from the other towers described in the inventory of existing sites.

(5) A structural engineering report certifying the ability of the tower to accommodate colocation of additional wireless service provider facilities and a statement by the applicant regarding accommodation for co-location of additional antennas for future users.

(6) The setback distance between the proposed tower and the nearest platted residential property, and unplatted residentially zoned properties.

(7) Proof that all necessary consents or approvals have been applied for from appropriate federal, state, or other local agencies.

(8) Other information deemed by the Zoning Administrator to be necessary.

(C) Additional submittal requirement. In addition to the information required elsewhere in this chapter, development applications for towers, excluding amateur radio towers, shall include the following supplemental information:

(1) A letter of intent committing the tower owner and their 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.

(2) A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities when they are abandoned, unused, or become hazardous shall be submitted to the city.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 214.10 ADDITIONAL REQUIREMENTS.

(A) Structural inspections.

(1) The city may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the City Code, federal and state law. The city’s expense related to such inspections will be borne by the tower owner or property owner. Based upon the results of an inspection, the Building Official may require repair, modification, or removal of a tower.

(2) Deviation from original construction for which a permit is obtained constitutes a violation of this section.

(3) Notice of violations will be sent by postal mail to the owner and the owner will have 30 days from the date the notification is issued to make repairs.

(B) Radiation emission inspections. The owner of a telecommunications facility shall provide the city with current, technical evidence of compliance with FCC radiation emission requirements at the city’s reasonable request.

(C) Maintenance. Towers, antennas, and telecommunication facilities must be maintained in accordance with the following provisions:

(1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public.

(2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in compliance with the requirements of the National Electric Safety Code and all Federal Communications Commission, state, and local regulations, and in such a manner that they will not interfere with the use of other property.

(3) Towers, telecommunications facilities, and antenna support structures must be kept and maintained in good condition, order, and repair.

(4) Maintenance or construction on a tower, telecommunications facilities, or antenna support structure must be performed by qualified maintenance and construction personnel.

(5) All tenants on towers must comply with radio frequency emissions standards of the Federal Communications Commission.

(6) If the use of a tower is discontinued by the tower owner, the tower owner must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued.