The purpose of this article is to accommodate and provide a reasonable opportunity for the establishment of wireless telecommunications in the city. The city finds it necessary to adopt standards and regulations that promote the public health, safety and general welfare, while minimizing the possible adverse effects of towers and antennas on nearby property. The council finds that these regulations are necessary to:

1. Establish standards which permit a reasonable and equitable opportunity for the establishment of wireless telecommunication services in the city;
2. Ensure that towers and antennas are designed, constructed, installed and maintained in a manner that does not adversely impact public safety;
3. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community; and
4. Minimize adverse visual effects of towers through careful design and siting standards which attempt to screen and/or camouflage towers and antennas from adjacent public and private property.

(Ord. No. 259, § 1, 11-12-96)

The city finds it necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of wireless telecommunication facilities be controlled. Further, the city finds that:

1. Towers and antennas have a direct impact on, and a relationship to, the image of the community;
2. The manner of installation, location and maintenance of towers and antennas affects the public health, safety, welfare and aesthetics of the community;
3. A reasonable opportunity for the establishment of wireless telecommunication must be provided to serve residential and business needs; and
4. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and thereby undermine economic value and growth.

(Ord. No. 259, § 1, 11-12-96)

1. It shall be unlawful for any person, firm or corporation to erect, construct, replace, re-erect or repair any tower without first making application for and securing a building permit as provided in this article.
2. The applicant shall provide, at the time of application for a building permit, sufficient information to indicate that construction, installation and maintenance of the antenna and tower will be in compliance with applicable building code requirements.
3. Permits are not required for:
   1. 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.
   2. Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pickup operations, provided that the antennas or towers are not located on public rights-of-way, and towers are protected against unauthorized climbing. Temporary antennas used for test purposes or broadcast remote pickup operations shall be removed within 72 hours following installation.

(Ord. No. 259, § 1, 11-12-96; Ord. No. 522, § 8, 5-23-11)

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 to the highest point of the tower, including all antennas or other attachments.
2. Maximum height. Except as provided in the following section, maximum heights for towers shall be as follows:
   1. In all residential zoned property the maximum height of any tower, including all antennas and other attachments, shall be 80 feet.
   2. In all nonresidential zoning districts the maximum height of any tower, including all antennas and other attachments, shall not exceed a height of 150 feet. The city council may allow towers up to 200 feet high if the applicant can demonstrate that, based upon the topography of the site and surrounding areas, antenna design, surrounding tree cover and structures and/or through the use of screening, off-site views of the tower will be minimized.

(Ord. No. 259, § 1, 11-12-96; Ord. No. 377, § 152, 5-24-04)

The following are exceptions to the maximum height restrictions for towers:

1. Multiuse towers designed to accommodate more than one user may exceed the height limitations of section 20-1503, by up to 25 feet.
2. Antenna devices over 80 feet in height which are attached to an existing structure and not freestanding may be located in residential zoned districts under the following conditions:
   1. Antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures.
   2. Antennas are limited to a height of 15 feet projecting above the structure. The city council may permit antenna heights of up to 25 feet 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 property, off-site views of the antenna are minimized to acceptable levels.

(Ord. No. 259, § 1, 11-12-96)

Towers shall conform with each of the following minimum setback requirements:

1. Tower shall meet the setbacks of the underlying zoning district with the exception of industrial and business zoned districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial or business zoned district and the tower does not encroach upon any easements.
2. Towers shall maintain a minimum setback of ten feet from all property lines.
3. For sites that are adjacent to parcels developed, guided, or zoned for residential use, setbacks shall be equal to the height of the tower.
4. Towers shall be set back from all planned public rights-of-way by a minimum distance equal to one-half of the height of the tower, including all antennas and attachments.
5. Towers shall not be located between a principal structure and a public street.
6. 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 the integration of a tower into an existing or proposed structure, such as a church steeple, light pole, power line support device, or similar structure.
7. No tower, antenna or accessory structure shall be located in a wetland or within the wetland setback.
8. In a residential district, the required setback from a property line for antennas and towers not rigidly attached to a building or structure shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building or structure, and whose base is on the ground, may reduce the required setback by the amount equal to the distance from the point of attachment to the ground.

(Ord. No. 259, § 1, 11-12-96; Ord. No. 377, § 153, 5-24-04)

Towers to be located in residentially zoned areas are subject to the following restrictions:

1. Towers supporting amateur radio antennas shall conform to all applicable provisions of section 20-915 of the City Code.
2. Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed in residential zoned districts in the following locations:
   1. Church sites, when camouflaged as an architectural feature such as steeples or bell towers;
   2. Park sites, when compatible with the nature of the park; and
   3. Government, school, utility and institutional sites.
3. Only one tower shall exist at any one time on any one residential parcel with the exception of towers designed to replicate an existing structure.

(Ord. No. 259, § 1, 11-12-96)

For the purposes of this article, one tower and multiple antennas shall be permitted on the same lot as another principal use or structure subject to the requirements of this chapter.

(Ord. No. 259, § 1, 11-12-96)

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

1. All applicable provisions of this Code.
2. Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the electronics industry association and all other applicable reviewing agencies.
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 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. All towers shall be constructed to conform with the requirements of the occupational safety and health administration.
6. All towers shall be protected against unauthorized climbing.
7. Metal towers shall be constructed of, or treated with, corrosive-resistant material.
8. The applicant is responsible for receiving approvals from the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority, stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations.

(Ord. No. 259, § 1, 11-12-96; Ord. No. 377, § 154, 5-24-04)

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

1. Towers and antennas, including supporting cables and structures shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatments. Communication towers not requiring FAA or FCC painting/marking shall have either a galvanized finish or be painted a noncontrasting color consistent with the surrounding area, such as blue, gray, brown or black finish.
2. Commercial wireless telecommunication service towers shall be of a monopole design, unless the city council determines that an alternative design would better blend into the surrounding environment.

(Ord. No. 259, § 1, 11-12-96)

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

1. A proposal for a new commercial wireless telecommunication 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 within a one-mile search radius (one-half-mile search radius for towers under 120 feet in height; towers under 80 feet are exempt from this requirement) 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. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer, and interference cannot be prevented at a reasonable cost.
   3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed professional engineer.
   4. Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
   5. Existing or approved towers or buildings are not 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 user.
2. The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made, but an agreement could not be reached.
3. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(Ord. No. 259, § 1, 11-12-96)

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. No. 259, § 1, 11-12-96)

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. No. 259, § 1, 11-12-96)

Telecommunication equipment accessory to a tower shall be located within a building if such equipment is within 150 feet of the closest point of a residential building. All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size, and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials, such as wood, brick or stucco, is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible with existing materials. In no case shall wooden fencing be used as a rooftop equipment screen.

(Ord. No. 259, § 1, 11-12-96; Ord. No. 451, § 13, 5-29-07)

Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing shrubs and trees shall be minimized through careful site selection and design. Landscaping shall comply with the standards provided in chapter 20, article XXV of the City Code.

(Ord. No. 259, § 1, 11-12-96)

The placement of wireless communication antennas on roofs, walls and existing towers may be administratively approved by the city, provided that the antenna meets the requirements of this Code and the following:

1. The maximum height of an antenna shall not exceed 15 feet above the roof and shall be set back at least ten feet from the roof edge. Antennas exceeding 15 feet above the roof must be approved through the interim use permit (IUP) process.
2. Wall- or facade-mounted antennas may not extend five feet above the cornice line and shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatments.

(Ord. No. 259, § 1, 11-12-96; Ord. No. 461, § 1, 12-10-07)

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 requirement of this Code;
2. A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code;
3. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and
4. Compliance with FCC regulations is required to ensure there will be no interference with existing tenants or public safety telecommunication providers.

(Ord. No. 259, § 1, 11-12-96)

An applicant may appeal an administrative decision under this section to the city council. Following review and recommendation by the planning commission, the city council shall make a final determination on the application.

(Ord. No. 259, § 1, 11-12-96)

Antennas and towers in residential districts and in existence as of November 21, 1996, which do not conform to or comply with this article are subject to the following provisions:

1. Towers may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with this article.
2. If such towers are hereafter 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 therefor, but without otherwise complying with this ordinance; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be 50 percent 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. No. 259, § 1, 11-12-96)

Once a tower is approved by the city, the tower must be substantially completed within one year, including any structures accompanying the tower, following the date of permit.

(Ord. No. 259, § 1, 11-12-96)

Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows:

1. All abandoned or unused towers and associate facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. 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.
2. Unused portions of towers above a manufactured connection shall be removed within two years, six months of the time of antenna relocation, if the unused portion exceeds 25 percent of the height of the tower or 30 feet, whichever is greater. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
3. After the facilities are removed, the site shall be restored to its original or an improved condition.

(Ord. No. 259, § 1, 11-12-96)

No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be in compliance with FCC regulations.

(Ord. No. 259, § 1, 11-12-96)

In addition to the information required elsewhere in this Code in an application for a building permit for towers and their antennas, applications for towers shall include the following supplemental information:

1. A report from a qualified and licensed professional engineer that provides 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 co-located 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
   4. Demonstrates the tower's compliance with all applicable structural and electrical standards and includes an engineer's stamp and registration number.
2. For all commercial wireless telecommunication service towers, 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, and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided.

(Ord. No. 259, § 1, 11-12-96)

Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed or located shall require the processing of an administrative permit and shall comply with the following standards:

1. The height of the tower shall not exceed 90 feet including trailer platform.
2. Temporary mobile towers shall maintain the setbacks as contained in section 20-1505. The setback shall be maintained from the trailer platform.
3. Temporary mobile towers shall be prohibited in residential zoning districts.
4. Temporary mobile towers shall have a minimum tower design windload of 80 miles per hour and shall comply with the requirements in section 20-1508.
5. A temporary mobile tower may be permitted for up to 120 days. Towers located on a site longer than this time shall require the processing of an interim use permit subject to section 20-381.
6. Temporary mobile towers shall require a building permit and comply with section 20-1516.
7. Mobile units shall have the opportunity to appeal the administrative decision subject to section 20-1517.
8. Mobile units shall not interfere with public safety telecommunications subject to section 20-1520.

(Ord. No. 275, § 2, 10-13-97)