A.   Facility Types: The following types of wireless telecommunication facilities shall be governed by this chapter:

1.   Hidden antennas.

2.   Roof mounted antennas.

3.   Stealth design antennas.

4.   Flush mounted and nonflush mounted wall antennas.

5.   Whip antennas.

6.   Monopoles.

7.   Lattice towers.

B.   Other Laws: The requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this code, and other laws, including pertinent regulations of the federal communications commission and the federal aviation administration. (Ord. 394, 8-7-2001)

A.   In General: The following development standards shall be applicable to all facilities regardless of the facility type or zone within which the facility is proposed to be located:

1.   The proposed facility shall be located on an approved structure and/or site in conformance with this code. If a proposed facility site does not conform to this code, the carrier shall submit and have approved by staff a plan to bring the structure and/or site into conformance with the code prior to completion and operation of the proposed facility. This plan shall be submitted with a permitted use application.

2.   Any associated mechanical or electrical equipment shall be completely screened from view, from public rights of way, on site parking areas and adjacent properties, with a solid screen.

3.   The proposed facility, including associated mechanical and electrical equipment, shall not be located within a public right of way.

4.   The proposed facility shall conform to the requirements of this title, this code, and other laws, including pertinent regulations of the federal communications commission and the federal aviation administration.

5.   Copies of required permits from pertinent federal agencies establishing compliance with applicable federal regulations shall be filed with the city prior to the issuance of any permit for a proposed facility.

6.   The proposed facility shall conform to applicable development standards set forth in this section.

7.   Lightning rods shall not be include in the height calculation for any facilities.

B.   Stealth Design Antennas: The following provisions shall apply to stealth design antennas. The intent of this subsection is to allow creativity in designing a proposed facility so that it will have essentially no visual impact:

1.   Stealth designs may include, but are not limited to, the use of one or more of the following:

a.   Screening, structure and/or antenna design which blend with the architecture of the existing structure upon which the antenna will be mounted.

b.   Screening, structure, antenna and/or location design which blend with and/or take advantage of existing vegetation and/or features of a site.

c.   Color schemes that make an antenna less noticeable.

2.   The city shall have sole authority to determine whether or not a proposed facility design will have essentially no visual impact.

a.   The zoning administrator shall determine whether a proposed stealth design meets the intent of this subsection B, or defer the matter to the planning commission.

b.   If a determination is made that a proposed facility design will have a visual impact, a conditional use permit shall be required as set forth in section 9-41-060 of this chapter.

C.   Roof Mounted Antennas: The following provisions shall apply to roof mounted antennas:

1.   Roof mounted antennas shall be permitted on flat roofs and shall be screened, constructed and/or colored to match the structure to which they are attached.

2.   Roof mounted antennas shall be permitted on pitched roof structures only if determined to be a stealth design as set forth in this section.

3.   Roof mounted antennas shall be allowed on top of existing penthouses or mechanical equipment rooms, provided:

a.   The antennas and antenna support structures are enclosed by a structure that creates a visual screen which is architecturally compatible to the building; and

b.   The screening structure, antennas and antenna mounting structures do not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room.

4.   Roof mounted antennas not mounted on a penthouse or mechanical equipment room shall be allowed as follows:

a.   On buildings without parapet walls antennas shall be mounted a minimum of five feet (5') from the exterior wall of a building.

(1)   Antennas mounted between five (5) and ten feet (10') from the exterior wall shall have a maximum height directly proportional to the distance the antenna is set back from the exterior wall up to a maximum height of ten feet (10') above the roofline of the building to which the antenna is attached.

(2)   Regardless of setback from exterior walls, antennas shall not exceed a maximum height of ten feet (10') above the roofline of the building.

b.   On buildings with parapet walls antennas shall be mounted at least five feet (5') behind any parapet wall.

(1)   For antennas mounted between five (5) and ten feet (10') behind a parapet wall the maximum height of the antenna shall be directly proportional to the distance the antenna is set back from the wall up to a maximum of ten feet (10') as measured from the top of the parapet wall.

(2)   Regardless of setback from parapet walls, no antenna shall extend more than fifteen feet (15') above the roofline of the building itself unless approved pursuant to a conditional use permit.

D.   Wall Mounted Antennas: The following provisions shall apply to flush and nonflush mounted wall antennas:

1.   Wall mounted antennas shall not:

a.   Extend above the wall line of the building.

b.   Extend more than twelve inches (12") horizontally from the wall surface.

2.   Antennas, equipment and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen.

3.   Antennas and the supporting structures on buildings should be architecturally compatible with the building.

4.   Whip antennas shall not be allowed on a wall mounted antenna structure.

5.   Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms, with no portion of the antenna extending above the roof or parapet line of such structures, shall be considered wall mounted antennas.

6.   The maximum number of carriers per building shall be:

a.   In commercial and industrial zones, one carrier for the front side of each building; no limit on other building sides.

b.   In residential and agricultural zones, one carrier per building side, up to a maximum of four (4) sides. All antennas shall be approved stealth design antennas as set forth in this section.

7.   The total antenna area per carrier shall be:

a.   In commercial and industrial zones, each carrier's total combined area allowed for wall mounted antennas and supporting structures, shall not exceed forty (40) square feet for each exterior wall of the building or a total of one hundred sixty (160) square feet per building. The total area is the sum of the area of each individual antenna face and the visible portion of the supporting structure as viewed when looking directly at the face of the building.

b.   In residential and agricultural zones, subsection D7a of this section shall apply except on residential structures. Such structures shall be evaluated on a case by case basis as part of the stealth design requirements set forth in this section.

8.   Not more than four (4) walls shall be occupied by antennas, except on residential buildings which shall be evaluated on a case by case basis as part of the stealth design requirements set forth in this section.

E.   Monopoles With Antennas And Antenna Support Structures: The following provisions shall apply to monopoles with antennas and antenna support structures:

1.   Monopoles shall be located as follows:

a.   Monopoles shall not be located in residential or agricultural zones.

b.   Monopoles may be located in commercial, public facility, or industrial zones so long as they are not within a required landscaping, buffering, or parking area.

c.   Monopoles are preferred in the rear yard area of a lot or parcel.

d.   Monopoles shall be set back as follows:

(1)   A minimum of two feet (2') for every foot of pole height from the closest line of any property in an adjacent residential zone in which a residential use is located or may be located. The planning commission may reduce the required setback from a residential zone if practical difficulties are demonstrated by the carrier (i.e., city park location, public buildings, etc.).

(2)   In addition to the minimum setbacks required by the zone and other locational restrictions of this subsection, monopoles shall be set back from all public rights of way the greater of one hundred feet (100') or one and one-fourth feet (1.25') for every one foot (1') of monopole height, as defined in this subsection.

(3)   A monopole shall not be located within five hundred (500) linear feet from another monopole.

2.   The height of monopoles shall be as follows:

a.   The maximum height of a monopole with antennas and antenna support structures shall be sixty feet (60') unless additional height is necessary to accommodate a permitted use.

b.   Height shall be measured from the average finished grade at the base of the monopole to the top of the highest portion of the facility.

3.   The maximum visible width of antennas and antenna mounting structures on a monopole shall not exceed ten feet (10') in height or fifteen feet (15') in width as viewed looking directly at the monopole at the same elevation as the antennas and antenna mounting structure.

4.   Monopoles shall be fenced for security purposes as required in this section.

5.   There shall be no climbing pegs located on the lower twenty feet (20') of any monopole.

6.   Antennas may be collocated on a single monopole subject to the development standards of this section.

F.   Accessory Buildings And Equipment To Antennas And Antenna Structures: Accessory buildings and equipment shall conform to required setback, height, and landscaping requirements of the zone in which they are located. Accessory equipment not located within an accessory building shall be fenced as set forth in subsection G of this section.

G.   Fencing: Monopoles, accessory equipment and other apparatus associated with antennas, and antenna support structures shall be enclosed with a six foot (6') high vinyl coated chainlink fence.

H.   Undergrounding Of Lines: All communication and power lines to or between any accessory building, accessory equipment, and antenna structures shall be located underground.

I.   Facilities Located In Commercial Zones: The facilities set forth below shall be permitted uses in commercial and industrial zones so long as they meet the requirements of this subsection and are not located on otherwise vacant property:

1.   Hidden antennas.

2.   Stealth design antennas.

3.   Flush mounted wall antennas.

4.   Roof mounted antennas that are:

a.   Completely enclosed from view within an architecturally compatible screen approved by staff.

b.   Set back at least ten feet (10') from exterior walls of the building on nonparapet wall buildings, or ten feet (10') from the parapet wall on parapet wall buildings.

5.   Monopoles:

a.   If an application is for a second carrier to collocate on an existing monopole previously approved by a conditional use permit; and

b.   If the height of the existing monopole will not be increased by more than twenty feet (20').

J.   Facilities Located In Residential And Agricultural Zones: The facilities set forth below shall be permitted uses in residential and agricultural zones:

1.   Hidden antennas mounted in any structure.

2.   Stealth design antennas mounted on:

a.   School buildings or structures (private, public or quasi- public).

b.   Churches.

c.   Agricultural buildings or structures.

d.   Residential structures.

A.   Antennas And Mounting Structures On Or Over Public Rights Of Way: Antennas and mounting structures shall not encroach on or over the public sidewalk or on or over a public right of way, unless:

1.   The facility is approved by conditional use permit on existing structures located in the right of way.

2.   Associated mechanical and electrical equipment is not located in the public right of way.

3.   The facility is virtually hidden from view.

4.   The existing structure is proven structurally sound to support the proposed facility.

5.   The carrier signs an agreement with the city which:

a.   Holds the city harmless from any liability claims as a result of the facility;

b.   Requires the carrier to provide, prior to permit issuance, proof to the city that the carrier has acquired sufficient liability insurance as may be required by the city; and

c.   Names the city as cobeneficiary of the insurance policy.

B.   Facilities In Historic Districts: Any facility proposed within a historic district or on a landmark site as defined by the city, county, state or the federal governments shall be approved by a conditional use permit.

C.   Fencing And Screening Requirements: Specific fencing and screening plans for each facility shall be submitted to the city in conjunction with any conditional use permit application. Higher grade fencing, more aesthetic fence designs, and landscaping may be required for the purposes of visual screening, architectural compatibility, site compatibility, and other impact mitigation.

D.   Lattice Towers: A lattice tower facility shall be permitted only upon a finding that none of the other facility types set forth in subsection 9-41-020B of this chapter is suitable in light of particular circumstances associated with a location where a facility is required for the proper functioning of a low power radio services network.

E.   Monopoles:

1.   Monopoles may be allowed in side yard areas of any lot if approved by conditional use permit.

2.   The height of an existing monopole located in a commercial zone may be increased if approved by a condition use permit. No monopole with antennas and antenna support structures shall exceed a height of one hundred feet (100').

3.   A monopole may be located within five hundred (500) linear feet from another monopole if approved by a conditional use permit.

4.   The maximum height of a monopole with antennas and antenna support structures may be increased if approved by conditional use permit for collocation of a second carrier on an existing monopole. In the event collocation for the second carrier is terminated, the original carrier shall have thirty (30) days, from the date the second carrier files with the FCC the required "notice to abandon" its facility, to reduce the height of the monopole to its originally approved height. The city shall receive a copy of the "notice to abandon" filed with the FCC.

F.   Nonflush Mounted Wall Antennas: Nonflush mounted wall antennas may extend more than six feet (6') horizontally from the wall surface if approved by a condition use permit.

G.   Stealth Design Antennas And Monopoles: Stealth design monopoles may be located in residential or agricultural zones if approved by a conditional use permit. Final determination of the acceptability of any such stealth design antenna or monopole shall be made as part of the conditional use permit process.

H.   Additional Conditional Use Factors: In addition to conditional use standards outlined in subsection 9-5-080E of this title, the following factors shall be considered in evaluating an application for a conditional use permit:

1.   Compatibility of the proposed structure with the height and mass of existing buildings and utility structures.

2.   For new sites, whether location of the antenna on other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is possible without significantly impacting antenna transmission or reception.

3.   Antenna location in relation to existing vegetation, topography and buildings to obtain the best visual screening.

4.   Whether spacing between monopoles creates quantifiable detrimental impacts to adjoining properties. (Ord. 394, 8-7-2001)

A.   Submittal: Upon receipt, the zoning administrator shall submit a copy of the application to the historic preservation commission.

B.   Time Limit For Review: Within thirty (30) days after receipt, the historic preservation commission shall review the application with respect to the development standards set forth in this chapter and standards for issuance of a conditional use permit.

C.   Recommendation: Within fourteen (14) days after reviewing an application, the commission shall prepare and transmit a written recommendation to the planning commission. (Ord. 394, 8-7-2001)

A.   Letter Agreement: Prior to approval of an application for any facility, the applicant shall supply the city with a letter agreeing to the requirements and processes of this section. The letter agreement shall state that if technology renders the facility obsolete, the facility is not maintained, the facility is abandoned, or the facility is vacated, the carrier will provide the city with a copy of a "notice to abandon" to be filed with the FCC and will remove the facility as set forth in this section.

B.   Notices:

1.   If the zoning administrator determines that a facility is not maintained, is abandoned or is vacated, the zoning administrator shall send the carrier a notice of nonmaintenance or abandonment by certified mail, indicating such and suggesting compliance alternatives.

2.   If a facility subject to the foregoing notice requirement has not been repaired, put into use or removed within thirty (30) calendar days of the carrier's receipt of the notice, the zoning administrator may send the carrier a certified notice to remove, which shall give the carrier thirty (30) calendar days from the receipt of the notice to remove the facility as set forth in this section.

C.   Removal Requirements: Within thirty (30) calendar days following receipt of a notice to remove, a carrier shall:

1.   Remove from the site all:

a.   Antennas, support structures, and other associated apparatus; and

b.   The top three feet (3') of the antenna footing and other building footings.

2.   Restore the site to its original condition, including, but not limited to, grading and revegetation as approved by the city.

D.   Violation: In the event a facility is not removed as required, the city may undertake legal action to enforce removal as set forth in chapter 7 of this title. (Ord. 394, 8-7-2001)