(a)

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

(1)

Facilitate the provision of wireless telecommunications services to the residents and businesses of the city;

(2)

Minimize adverse visual effects, and minimize incompatibility with existing uses, of wireless telecommunication towers through careful design and site selection standards;

(3)

Avoid potential damage to adjacent properties from failures of wireless telecommunications towers through structural standards and setback requirements;

(4)

Maximize the use of publicly and privately owned existing and approved towers, buildings and structures, to accommodate new wireless telecommunication antennae to reduce the number of towers needed to serve the community and to comply with the requirements of the Federal Telecommunication Act; and

(5)

Allow the city to recover from applicants and lessees all expenses, including engineering and attorney fees, it incurs in the administration and enforcement of this article and in the course of entering into and managing leases for the use of city property by wireless telecommunications service providers.

(b)

This article is intended to regulate wireless telecommunication towers and is not intended to regulate private antennas designed for reception of television and reception and transmission of radio signals, including antennas (less than 75 feet in height, including the height of the structure on which it is mounted) used for amateur or recreational purposes; provided they are not located in a front yard, do not infringe upon requirements of the Federal Aviation Administration, and do not violate the setback standards of section 126-442(3).

(Code 1977, § 13-301.01; Ord. No. 596, 6-28-2004)

The following words and terms, when used in this article, shall have the following meanings unless the context clearly indicates otherwise:

Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennae, such as panels, microwave dishes, and satellite dishes, and omni-directional antennae, such as whip antennae. Antennae are included in "telecommunications equipment" as that phrase is used in this article.

Collocation means the placement of wireless telecommunication antennae by two or more service providers or governmental entities on a single tower, building or structure.

Federal Communications Commission means the Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

Federal Telecommunications Act means the Federal Telecommunications Act means the Telecommunications Act of 1996, as amended.

Guyed tower means a tower that is supported, in whole or in part, by wires and ground anchors.

Lattice or self-supported tower means a tower, erected on the ground, which consists of metal crossed strips or bars to support antennae and related equipment.

Monopole tower means a single, self-supported pole-type tower, tapering from the base to the top and supporting a fixture designed to hold one or more antennae.

Multiuser tower means a tower to which is attached the antennae of more than one service provider or governmental entity.

Protected residential property means any property within the city that meets both of the following requirements:

(1)

The property is zoned R-1, R-2, R-3, R-4, or R-5 and the property may or may not also have a planned unit development overlay classification, whether or not the current use of the property conforms with zoning standards; and

(2)

The property is designated on the comprehensive plan land use map as low-density residential, medium-density residential or high-density residential.

Public utility means and includes persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone service to the general public. For the purpose of this article, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately.

Service provider means any individual or entity that provides wireless telecommunication services.

Single-user tower means a tower to which is attached only the antennae of a single service provider, although the tower may be designed to accommodate the antennae of multiple users as required in this article.

Tower means any building, ground or roof-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts intended or used for the purpose of mounting or supporting antenna for wireless telecommunication purposes, which is taller than 15 feet including the height of the antenna.

Wireless telecommunication services means licensed commercial wireless services including cellular, personal communication services (PCS), specialized mobilized radio (SAR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

(Code 1977, § 13-302.02; Ord. No. 596, 6-28-2004)

(a)

Towers and antennae located on government, school, utility and institutional sites shall be permitted uses in all zoning districts, except on protected residential property, but shall be subject to all performance standards and other requirements set forth in section 126-442.

(b)

Towers and antennae located on protected residential property and on all property where they are not a permitted use under subsection (a) of this section shall be conditional uses in the districts in which they are located.

(c)

The following standards apply to a conditional use permit for towers and antennae under subsection (b) of this section:

(1)

The site must comply with the performance standards set forth in section 126-442;

(2)

No employee of any service providers shall be located on the site on a permanent basis. Employees may be on the site to perform periodic maintenance;

(3)

Existing on-site vegetation shall be preserved;

(4)

No outdoor storage shall be permitted on the tower site; and

(5)

The applicant shall demonstrate with competent evidence to the planning commission and the city council that:

a.

The applicant has taken all reasonable measures to locate its tower or antennae on property that is not protected residential property as defined at section 126-440;

b.

The location of the tower or antennae on protected residential property is reasonably necessary to cover a significant gap in the ability of users to access the national telephone system and that the area to be served by the applicant cannot reasonably be served by locating the tower on property that is not protected residential property;

c.

The applicant's proposed facility is the least intrusive means to close the gap in service, which shall include a good faith showing that the applicant has considered all less intrusive alternatives; and

d.

The applicant cannot reasonably locate its antenna on existing towers.

(d)

The location and construction of a tower or antennae, whether it is a permitted or conditional use, shall be subject to all zoning, building code and site plan requirements of the city.

(Code 1977, § 13-303; Ord. No. 596, 6-28-2004)

All towers and antennae located within the city must conform to the applicable performance standards contained in this section.

(1)

Collocation requirements. All towers or antennae erected, constructed or located within the city shall comply with the following requirements:

a.

The construction of a tower shall not be allowed unless the city council finds that the wireless telecommunications equipment planned for the proposed tower cannot be reasonably accommodated on an existing or approved tower, building or structure within a two-mile radius of the proposed location, due to one or more of the following reasons:

1.

The planned telecommunications equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a 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.

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

3.

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

4.

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

b.

It shall be the burden of the applicant to show the city council, by competent evidence, that its proposal for a tower meets the requirements of this section.

(2)

Construction and maintenance of towers and antennae.

a.

Proposed or modified towers and antennae shall meet the following design requirements:

1.

Towers and antennae shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA);

2.

Towers shall be of a monopole design unless the city council determines that an alternative design would better blend in to the surrounding environment;

3.

The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other designs; and

4.

The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no larger than the base.

b.

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

1.

All applicable provisions of this article must be met;

2.

Towers shall be certified by a state licensed professional engineer to conform to current structural standards and wind loading requirements of the state building code and the Electronics Industry Association;

3.

With the exception of necessary electric and telephone service and connection lines approved by 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.

Towers and associated antennae shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electric Code;

5.

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground;

6.

Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons;

7.

All towers shall be constructed to conform to the requirements of the Occupational Safety and Health Administration.

(3)

Tower setbacks. Towers shall conform to each of the following minimum setback requirements:

a.

Towers shall be set back from any property line a minimum distance equal to the height of the tower;

b.

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the city council, to allow integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device or similar structure;

c.

The tower or associated accessory structures shall not encroach upon any public easements; and

d.

The setback shall be measured from a point on the base of the tower located nearest the property line to the actual property line.

(4)

Height. 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 antennae or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions of subsection (5) of this section.

(5)

Height limitations for towers.

a.

In all zoning districts, the maximum height of any tower, including antennae and other attachments, shall not exceed 150 feet, except that multiuser towers may exceed this height limitation by up to 20 feet.

b.

Noncompliance of characteristics of antennae and towers created by application of this article shall not in any manner limit the legal use of the property, nor in any manner limit the repair, maintenance, or reconstruction of a noncomplying antenna or tower; however, in no instance shall the degree on noncompliance be increased except as otherwise permitted by this article.

(6)

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. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(7)

Signs and advertising. Except for the city logo and name on its water towers, the use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(8)

Accessory utility buildings. All utility buildings and accessory structures to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

(9)

Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows:

a.

All abandoned or unused towers, antennae and associated equipment and facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the zoning administrator. In the event that a tower is not removed within 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;

b.

The city may require that the applicant post a bond or cash deposit for the benefit of the city in an amount reasonably sufficient to reimburse it for costs it may incur for the removal of an abandoned tower if, at its discretion, it deems the right to assess the property for such costs to be, for any reason, inadequate; and

c.

If a user of a tower relocates an antenna on the same tower or to a different tower, the user shall remove all connectors, brackets and other hardware that was attached to the tower but no longer used because of the relocation of the antenna. Unused connectors, brackets, and other such hardware shall be removed within six months of the time of antenna relocation. In the event that such connectors, brackets and other hardware are not removed within six months of the removal of the antenna, they may be removed by the city and the costs of removal assessed against the property or the applicable bond or deposit. The replacement of antennae previously removed shall require the issuance of a new conditional use permit or other appropriate permits or approvals from the city as if it was an initial installation.

(10)

Antennae mounted on roofs, walls, and existing structures. The placement of wireless telecommunication antennae on roofs, walls, existing towers or other structures may be approved by the city; provided the antennae and tower meet the requirements of this article, after submittal of:

a.

A final site and building plan as specified in section 126-102; and

b.

A report prepared by a licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna and the proposed method of affixing the antenna to the structure.

Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. Accessory equipment for wall or roof-mounted antennae must be located within the principal building or, if located on the rooftop, must be enclosed.

(11)

Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. The city may require that all applications for new service be accompanied by an intermodulation study that provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.

(12)

Lights and other attachments. No antenna or tower on any protected residential property, as defined in section 126-440, shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), nor shall any tower, except the city's water towers, have constructed thereon, or attached hereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.

(13)

Security fencing. Towers shall be provided with security fencing, including materials and design standards acceptable by the city to prevent unauthorized entry.

(14)

Prohibited placement of equipment or facilities. No tower, antenna or other telecommunications equipment or facilities shall be placed on any city property or structure unless the applicant or owner of said telecommunications equipment or facilities has entered into a lease satisfactory to the city for use of city property or structures.

(Code 1977, § 13-304; Ord. No. 596, 6-28-2004)

(a)

Application. Applications for approval to construct towers or to install antennae shall include information as required in article II, division 3 of this chapter. In addition to the information required elsewhere in this article, applications for towers shall include the following supplemental information:

(1)

A report from a licensed professional engineer which:

a.

Describes the tower height and design including a cross section and elevation;

b.

Documents the height above grade for all potential mounting positions for collocated antennae and the minimum separation distances between antennae;

c.

Describes the tower's capacity, including the number and type of antennae it can accommodate;

d.

Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

e.

Includes an engineer's stamp and registration number; and

f.

Includes other information necessary to evaluate the application.

(2)

A letter of intent committing the tower owner and the owner's 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;

(3)

Applications requiring conditional use permits shall be subject to the requirements set forth in article II, division 2 of this chapter; and

(4)

The city may require such additional information from the applicant as it deems reasonable under the circumstances.

(b)

Building permits.

(1)

It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, replace, or repair any tower, or install additional antennae on existing towers, without first making application to the city and securing a building permit therefor as hereinafter provided.

(2)

The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antennae and tower will not create a safety hazard or damage to the property of other persons.

(3)

Building permits are not required for:

a.

Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna; provided that replacement does not reduce the safety factor; or

b.

Antennae installed temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations when such antennae shall be removed within 72 hours following installation.

(4)

Before issuance of a building permit, the following information shall be submitted by the applicant:

a.

Proof the proposed tower complies with regulations administered by the Federal Aviation Administration; and

b.

A report from a state licensed professional engineer demonstrating the tower's compliance with the aforementioned structural and electrical standards.

(c)

Fees and expenses. The city may recover from applicants and lessees all expenses, including engineering and attorney fees, it incurs in the administration and enforcement of this article and in the course of entering into and maintaining leases for the use of city property by wireless telecommunications service providers. All applications for the placement of a tower in the city shall be accompanied by a nonrefundable fee as set forth in chapter 22. In addition, the applicant shall pay to the city the costs of engineering, testing, verification, or inspection to determine or ensure the applicant's compliance with the requirements of this article. The city may require that the applicant deposit such sums with the city in amounts the city estimates will adequately reimburse the city for such costs or expenses. No application for the location or construction of a tower in the city shall be complete until such deposit, if required, has been made. Unused portions of all deposits will be returned to the applicant, except that the application fee shall be nonrefundable.

(d)

Inspections. Towers may be inspected by the city to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this article. Notice of violations will be sent by registered mail to the owner of the tower and the property upon which it is located who will have 30 days from the date notification is issued to make repairs. Upon completion of the repairs, the owner shall notify the building official that the repairs have been made.

(Code 1977, § 13-305; Ord. No. 596, 6-28-2004)

Where this article imposes greater restrictions upon the use or installation of antennae or towers than are imposed or required by other local ordinances, rules, regulations, permits, or agreements of the city, the provisions of this article shall govern.

(Code 1977, § 13-307; Ord. No. 596, 6-28-2004)