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

(1)

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

(2)

Minimize adverse visual effects of towers through careful design and siting standards;

(3)

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements;

(4)

Maximize the use of existing towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community and encourage co-location; and

(5)

Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the city.

(Code 2001, § 16.16(1))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means any exterior apparatus designed for telephonic, radio or television communications through the sending or receiving of electromagnetic waves, digital signals, radio frequencies, wireless telecommunications signals, including, but not limited to, directional antennas, such as panels, microwave and satellite dishes, and omni-directional antennas, such as whip antennas.

Co-location means the location of multiple antennas of more than one commercial wireless communication service provider or governmental entity on a single tower or alternative tower structure.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna.

Personal communications service (PCS) means a provider of personal wireless service facilities as now defined in paragraph 704 of the Telecommunications Act of 1996, 47 USC 332, and as the same may be amended from time to time.

Personal wireless facilities means transmitters, antenna structures and other types of installations used to provide personal wireless services.

Pre-existing towers shall have the meaning set forth in this chapter.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes personal communication service towers, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Tower site means the area encompassing a tower and all supporting equipment, structures, paved or graveled areas, fencing and other items used on connection with the tower.

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

(Code 2001, § 16.16(2))

A conditional use permit in accordance with section 40-361 shall be required for the construction of a new tower or co-location on an existing tower not previously granted a conditional use permit.

(1)

No conditional use permit shall be granted for the placement of a tower in any residential zone.

(2)

Antennas not exceeding 30 feet in antenna height may be placed on existing structures that have an existing height greater than 45 feet irrespective of the zoning district.

(3)

No conditional use permit for a tower site exceeding 30 feet in height shall be granted within 1,500 feet of an existing tower site.

(4)

If a conditional use permit is granted, the city council may impose conditions to the extent the city council concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(5)

Any information of an engineering nature required by the conditional use permit that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

(Code 2001, § 16.16(3))

All towers constructed after June 22, 2000, or wireless telecommunication antennas affixed to building shall comply with the following requirements:

(1)

Towers and antennas 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.

(2)

Wireless telecommunication service towers shall be of a monopole design unless the city determines that an alternative design would better blend into the surrounding environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

The placement of wireless telecommunication antennas on roofs or walls shall include submittal of a report prepared by a qualified and licensed professional engineer indicating the existing structure'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.

(5)

All towers shall comply with the obstruction marking and lighting requirements of the FAA in cooperation with the FCC. Where dual lighting systems are suggested, it shall be mandatory that white strobe lighting be used only during daylight hours and only the red light shall be utilized at night.

(6)

Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the FAA or other federal or state authority for a particular tower. Light, if required, shall be shielded from the ground. 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)

Towers shall be set back a distance equal to the height of the tower from any residential structure.

(8)

Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.

(9)

Distance from streets and utility lines. All towers shall be so installed that no part of the structure will be nearer to a street or other public thoroughfare than the height of the tower measured from its base to the top of the structure. Any variance necessary from the requirement shall be reviewed by the plan commission. If a variance is granted herein, the owner shall sign an agreement, approved by the city attorney, to hold the city harmless from any and all liability that may result from the construction and maintenance of any structure permitted pursuant to such a variance. No wires, cables, or guy wires shall extend over any street or other public thoroughfare or over any electric power or communications lines.

(10)

Tower sites shall be enclosed by security fencing and shall be equipped with an appropriate anti-climbing device sufficient to deter the general public from obtaining access to the site.

(11)

The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(12)

All towers shall be shielded, filtered and grounded to meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal and state government with the authority to regulate towers and antennas so as to minimize the possibility of interference with locally received transmission.

(13)

The following site plan review requirements shall govern landscaping surrounding towers:

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower site from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the security fencing.

b.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.

d.

All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment. Site plan review shall be required for these types of buildings.

(Code 2001, § 16.16(4))

The city council shall consider the following factors in determining whether to issue a conditional use permit, although the city council may waive or reduce the burden on the applicant of one or more of these criteria if the city council concludes that the goals of this chapter are better served thereby:

(1)

Height of the proposed tower;

(2)

Capacity of the tower structure for additional antenna equipment to accommodate expansion, or to allow for co-location of another provider's equipment;

(3)

Proximity of the tower to residential structures and residential district boundaries.

(4)

Nature of uses on adjacent and nearby properties;

(5)

Surrounding topography;

(6)

Surrounding tree coverage and foliage;

(7)

The effect of reducing or eliminating visual obtrusiveness;

(8)

Proposed ingress and egress;

(9)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures.

(Code 2001, § 16.16(5))

(a)

Any proposed telecommunication tower and tower site shall be designed, structurally, electrically, and in all respects to accommodate co-location of both the applicant's antennas and comparable antennas for at least two additional users. Towers and tower sites shall be designed to allow for future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights, and to accommodate supporting buildings and equipment.

(b)

The holder of a permit for a tower, excepting amateur radio towers and sites, shall allow co-location for at least two additional users and shall not make access to the tower and tower site for the additional users economically unfeasible. If additional users demonstrate (through independent arbitration or other pertinent means) that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the permit shall become null and void.

(c)

No new tower, excepting amateur radio towers and sites, shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(Code 2001, § 16.16(6))

(a)

All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site, unless the plan commission and city council approve a time extension.

(b)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned. In such circumstances, the owner of such antenna or tower or owners of the property where the tower site is located shall remove the antenna or tower, including all supporting equipment and buildings within 90 days of receipt of an abandonment notice from the city inspection department.

(c)

If removal to the satisfaction of the public works director or designee does not occur within the 90 days, the city may remove and salvage the antenna or tower and all supporting equipment and buildings at the property owner's expense. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower.

(Code 2001, § 16.16(7))