The purpose of this article is to establish predictable and balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare. The provisions of this article are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community.

(Zoning Ord., § 27.01)

The following standards shall apply to all cellular telephones, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and shortwave radio transmitting and receiving antennas:

(1)

All obsolete and unused antennas shall be removed within 12 months of cessation of operation at the site, unless an administrative permit is granted by the zoning administrator.

(2)

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

(3)

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

(4)

When applicable, written authorization for antenna erection shall be provided by the property owner.

(5)

No advertising message shall be affixed to the antenna structure or tower.

(6)

The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional.

(7)

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

(8)

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

(9)

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 user, 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.

(10)

Towers under 200 feet in height shall be painted a noncontrasting color consistent with the surrounding area, such as blue, gray, brown or silver, or have a galvanized finish to reduce visual impact.

(11)

Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt subsections (3), (6) and (9) of this section and section 117-1375, and must comply with subsection (12) of this section.

(12)

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

(Zoning Ord., § 27.02)

Wireless communication towers shall be of a monopole design unless the city council determines that an alternative design requested by the applicant would better blend into the surrounding environment. This provision does not apply to amateur radio towers or commercial and public radio or television towers.

(Zoning Ord., § 27.03)

A proposal for a new tower shall not be approved unless the zoning administrator finds that the antennas cannot be accommodated on an existing or approved tower, building, or structure within a one-mile search radius (one-half mile search radius for towers under 100 feet in height 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, building, or structure as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

(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 engineer and interference cannot be prevented at a reasonable cost.

(3)

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 and licensed professional engineer.

(4)

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

(5)

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.

(6)

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

(Zoning Ord., § 27.04)

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

(1)

Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial zoning district and the tower does not encroach upon any easements.

(2)

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

(Zoning Ord., § 27.05)

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

(1)

Single satellite TVROs accessory to a residential use shall not exceed one meter in diameter except as provided for by section 117-1380.

(2)

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, and shall be set back a minimum of three feet from all lot lines.

(3)

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

(4)

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

(5)

The installation of more than one tower per property shall require the approval of a conditional use permit.

(Zoning Ord., § 27.06)

(a)

Residential district and public/institutional district standards.

(1)

Antennas located upon a public structure or existing tower. Personal wireless service antennas located upon public structures or existing towers shall require the processing of an administrative permit and shall comply with the following standards:

a.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a professional 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.

b.

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.

c.

An administrative permit is issued in compliance with the provisions of division 6 of article II of this chapter.

(2)

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

a.

The applicant shall demonstrate by providing a coverage/interference analysis prepared by a professional engineer and capacity analysis 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 coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

b.

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

1.

The pole does not exceed 75 feet in height.

2.

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

c.

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.

d.

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

e.

The conditional use permit provisions of division 4 of article II of this chapter are considered and determined to be satisfied.

(3)

Temporary mobile towers. Personal wireless service antennas in public/institutional districts located upon a temporary mobile tower used on an interim basis shall require the processing of an administrative permit and shall comply with the following standards:

a.

Temporary mobile towers are exempt from collocation and permanent tower structure design standards contained in subsections 117-1374(9) and (10), and sections 117-1375 and 117-1382.

b.

The termination date of the permit shall not exceed 120 days. Temporary mobile towers located on a site longer than 120 days shall require the processing of an interim use permit subject to the standards contained in division 7 of article II of this chapter.

c.

Guyed towers are prohibited.

d.

Mobile units shall have a minimum tower design windload of 80 miles per hour, or be set back from all structures a distance equal to the height of the tower.

e.

All towers shall be protected against unauthorized climbing.

f.

The height of the tower shall not exceed 90 feet.

g.

Temporary towers shall be prohibited in residential zoning districts.

(b)

Commercial or business district standards.

(1)

Antennas located upon an existing structure or tower. Personal wireless service antennas located upon an existing structure or collocated on an existing tower shall require the processing of an administrative permit and shall comply with the following standards:

a.

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building 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.

b.

An administrative permit is issued in compliance with the provisions of division 6 of article II of this chapter and the following standards:

1.

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

2.

Building-mounted antennas shall not extend more than ten feet above the roof, and shall be set back at least five feet from the roof edge.

3.

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

(2)

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

a.

The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a professional 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.

b.

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

1.

The pole does not exceed 75 feet in height.

2.

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

c.

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.

d.

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

e.

The conditional use permit provisions of division 4 of article II of this chapter are considered and determined to be satisfied.

(3)

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

a.

Temporary mobile towers are exempt from collocation and permanent tower structure design standards contained in subsections 117-1374(9) and (10), and sections 117-1375 and 117-1382.

b.

The termination date of the permit shall not exceed 120 days. Temporary mobile towers located on a site longer than 120 days shall require the processing of an interim use permit subject to the standards contained in division 7 of article II of this chapter.

c.

Guyed towers are prohibited.

d.

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

e.

All towers shall be protected against unauthorized climbing.

f.

The height of the tower shall not exceed 90 feet.

(c)

Industrial district standards.

(1)

Antennas located upon an existing structure or existing tower. Personal wireless service antennas located upon an existing structure or collocated on an existing tower shall require the processing of an administrative permit and shall comply with the following standards:

a.

An administrative permit is issued in compliance with the provisions of division 6 of article II of this chapter.

b

Building-mounted antennas shall not extend more than ten feet above the roof, and shall be set back at least five feet from the roof edge.

c.

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

(2)

Antennas not located upon an existing structure or existing tower. Personal wireless service antennas not located upon an existing structure or tower shall require the processing of an administrative permit and shall comply with the following standards:

a.

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 150 feet in height. The tower shall be located on a parcel having a dimension equal to the height of the tower measured between the base of the tower located nearest the property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances.

b.

An administrative permit is issued in compliance with the provisions of this article and division 6 of article II of this chapter.

(3)

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

a.

Temporary mobile towers are exempt from collocation and permanent tower structure design standards contained in subsections 117-1374(9) and (10), and sections 117-1375 and 117-1382.

b.

The termination date of the permit shall not exceed 120 days. Temporary mobile towers located on a site longer than 120 days shall require the processing of an interim use permit subject to the standards contained in division 7 of article II of this chapter.

c.

Guyed towers are prohibited.

d.

Mobile units shall have a minimum tower design windload of 80 miles per hour, or be set back from all structures a distance equal to the height of the tower.

e.

All towers shall be protected against unauthorized climbing.

f.

The height of the tower shall not exceed 90 feet.

(Zoning Ord., § 27.07)

(a)

Residential district and public/institutional district standards. Single satellite dish TVROs greater than one meter in diameter may be allowed as an interim use within the residential zoning districts of the city and shall comply with the following standards:

(1)

All accessory and secondary use provisions of sections 117-1374 and 117-1378 are satisfactorily met.

(2)

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.

(3)

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 receive window.

(4)

The satellite dish antenna is not greater than three meters in diameter.

(5)

The interim use permit provisions of division 7 of article II of this chapter are considered and determined to be satisfied.

(b)

Business district standards. Satellite dish antennas within business 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 sections 117-1374 and 117-1378.

(c)

Industrial district standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters may be allowed as a conditional use within industrial districts of the city and shall comply with the following standards:

(1)

All accessory and secondary use provisions of 117-1374 and 117-1378 are satisfactorily met.

(2)

The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free transmit-receive window can be maintained within the limits of the property ownership.

(3)

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.

(4)

The conditional use permit provisions of division 4 of article II of this chapter are considered and determined to be satisfied.

(Zoning Ord., § 27.08)

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

(1)

Such antenna shall be considered an allowed conditional use within an industrial district and the public/institutional district as provided by each district of the city and shall be subject to the regulations and requirements of division 4 of article II of this chapter.

(2)

The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and 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 eight feet in height with a maximum opacity of 50 percent shall be provided around the support structure and other equipment.

(Zoning Ord., § 27.09)

(a)

Purpose. The purpose of this section is to establish predictable and balanced regulations for the siting and placement of telecommunication facilities, including wireless equipment within public rights-of-way under the jurisdiction of the city. The city holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. The uncontrolled and unregulated placement of telecommunication equipment in the right-of-way may cause obstruction to pedestrian and vehicular traffic, thereby endangering the public health and safety. This section establishes the city's minimum requirements for locating telecommunication facilities within public rights-of-way in a manner that does not jeopardize the public health, safety and general welfare.

(b)

Administrative permit required. The placement of any telecommunication equipment in the city's public right-of-way shall require an administrative permit subject to the provisions of division 6 of article II of this chapter and shall be processed according to the following:

(1)

Prior to the installation of any telecommunication equipment, the owner of such service shall file with the city, maps, site plans and other pertinent information as deemed necessary by the zoning administrator for review of the proposed project.

(2)

All wireless communication poles, antennas, radio receivers, and transmitters shall comply with the following standards:

a.

Antennas and radio transmitter and receiver devices shall be permitted on all electrical transmission towers, and on utility and light poles that do not exceed 60 feet in height.

b.

The replacement or extension of a utility or light pole shall be permitted provided the pole or extension does not exceed 60 feet in height.

c.

Antennas and radio transmitter and receiver devices shall not extend horizontally more than 24 inches from the pole.

d.

An application to locate wireless antennas and equipment in the right-of-way shall not be approved unless the applicant demonstrates that the antennas cannot be accommodated on an existing tower, building, or structure located outside of a public right-of-way within a one-half mile search radius, subject to the criteria and standards provided in section 117-1375.

e.

Wireless antennas and equipment located in the right-of-way abutting residentially zoned property shall be prohibited, unless the applicant demonstrates by providing a coverage or capacity analysis prepared by a professional 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 coverage and capacity to areas which cannot be adequately served by locating the antennas in the right-of-way abutting a less restrictive zoning district.

f.

Radio transmitters and receivers attached to an existing utility pole or light standard shall be exempt from subsections (b)(2)d and f of this section, provided the following conditions are met:

1.

Transmitter and receiver devices do not exceed two cubic feet.

2.

Transmitter and receiver devices do not extend more than 18 inches from the pole or any existing attachments to the pole.

3.

Any antennas do not extend more than 24 inches from the equipment.

4.

There is no ground-mounted equipment or structures.

g.

All ground-mounted accessory equipment shall be set back at least 50 feet from the nearest principal residential structure.

h.

All ground-mounted equipment shall not exceed five feet in height or 20 square feet in size, and shall be located as far as possible, but at least five feet from the road surface.

i.

In addition to receiving the necessary permits and approvals, the city may require the applicant to enter into an encroachment agreement.

(3)

Upon determining compliance with the provisions of this Code and comprehensive plan, the zoning administrator shall issue an administrative permit for the installation and operation of any structure or equipment.

(4)

The zoning administrator may deny a permit or attach conditions to the permit approval to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The zoning administrator may consider one or more of the following factors:

a.

The extent to which right-of-way space where the permit is sought is available.

b.

The competing demands for the particular space in the right-of-way.

c.

The availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit application.

d.

The preservation of the right-of-way for uses that, due to their physical nature, do not have the option of locating on private property.

e.

The applicability of ordinances or other regulations of the right-of-way that affect location of equipment in the right-of-way.

(5)

The decision to either grant or deny a permit may be appealed to the city council within ten days after the zoning administrator's written decision. The appeal shall be proposed under the rules set forth in division 9 of article II of this chapter.

(6)

The permittee shall notify the zoning administrator upon completion of the work specified in the permit.

(c)

Conditional use permit required. The following require a conditional use permit based upon procedures set forth in and regulated by division 4 of article II of this chapter. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 117-126(e) and section 117-128.

(1)

Poles and towers used exclusively for the placement of wireless antennas, provided the pole or tower complies with the standards and criteria set forth in this chapter.

(2)

Ground-mounted equipment that exceeds the size limit specified in subsection (b)(2) of this section.

(Zoning Ord., § 27.10)

In addition to the information required elsewhere in this Code, development applications for towers, excluding amateur radio towers, shall include the following supplemental information:

(1)

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.

(2)

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

(Zoning Ord., § 27.11)