The general purpose of this article is to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. This article shall not be applicable to small wireless facilities and micro-wireless facilities, as defined in section 20-3, which are subject to the Advanced Wireless Deployment Act and chapter 20 of this Code of Ordinances. The city has been confronted with requests to site communications towers. Accordingly, the city council of the city finds that the promulgation of this article is warranted and necessary:

(1)

To direct the location of communication towers in the city;

(2)

To protect residential areas and other land uses from potential adverse impacts of communication towers and telecommunications facilities;

(3)

To consider the public health and safety effects of communication towers and telecommunications facilities;

(4)

To ensure that towers and telecommunications facilities are compatible with surrounding land uses;

(5)

To minimize adverse visual impacts of telecommunications facilities and towers through careful design, siting, landscape screening, and innovative camouflaging techniques;

(6)

To accommodate the growing need for communication towers;

(7)

To promote and encourage shared use of and collocation of antennas on existing and new communication towers as a primary option rather than construction of additional single-use towers;

(8)

To encourage the location of towers in nonresidential areas and to enhance the installation of camouflage or stealth communication towers;

(9)

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

(10)

To promote and encourage utilization of technological designs that will either eliminate or reduce the need for the erection of new towers to support antenna and telecommunications facilities;

(11)

To enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively and efficiently.

(Code 1985, § 7.5-1; Ord. No. 1999-453, § I(27-1), 8-17-1999; Ord. No. 2017-06, § 3, 11-21-2017)

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:

AGL means above ground level.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

Applicant means any person or entity that applies for a communication tower or antenna special exception and/or permit.

Application means all written documentation, verbal statements and representations made by an applicant to the city concerning a request to develop, construct, build, modify or erect a communication tower and/or antenna or telecommunications facilities upon any property.

Camouflage or stealth tower structure means a communication tower or antenna designed to merge and blend into and conform in appearance with existing surroundings. An example of a camouflage or stealth tower would be a tower that is constructed in the form and shape of a tree in order to be part of a forested area or a tower constructed to appear to be or to actually be a component of a bell tower or to be constructed to be or to actually be a component of a church steeple or flagpole in order for the tower to be or appear to be part of these more aesthetically pleasing structures. An example of a camouflage or stealth antenna would be an antenna with a color and appearance similar to a wall of a building or structure on which it is to be affixed, or an antenna located inside an existing structure such as an existing church steeple.

Collocation means the ability and right of two or more different service providers (carriers) to place antennas on one communication tower.

Communication tower or tower means a building-mounted or ground-mounted tower which supports antennas and/or other communication (transmission or receiving) equipment for telephone, radio, television, microwave, cellular and similar communications purposes. The term "communication tower" shall mean monopole or camouflaged towers only. The term "communication tower" or "tower" includes radio and television towers, cellular telephone towers, camouflaged or stealth communication towers. The term "communication tower" or "tower" includes the tower structure and any support of the tower structure. The term "communications tower" shall not include amateur radio operators' equipment, licensed by Federal Communications Commission (FCC).

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Monopole tower means a tower consisting of a single pole or spire self-supported by a permanent foundation and constructed without guy wires and ground anchors.

Service provider, RF (radio frequency) provider or carrier means any person or entity which locates an antenna on a communication tower or any other structure.

Telecommunications facilities means any communication tower, and/or antenna, and all accessory buildings or structures and all equipment, cable, electronics, backup power, power generators and other freestanding equipment associated with the operations of a communication tower and/or antenna on an approved site.

(Code 1985, § 7.5-2; Ord. No. 1999-453, § I(27-2), 8-17-1999)

(a)

Status of existing towers. Routine maintenance shall be permitted on all legally existing communication towers existing prior to the effective date of the ordinance from which this article is derived. New construction consisting of any enlargement or enhancement of the facility, other than routine maintenance on an existing communication tower, shall require a special exception approved by the city council.

(b)

New communication towers and antennas. All new communication towers and antennas in the city shall be subject to this article and all other applicable regulations.

(c)

Amateur radio towers. This article shall not govern any tower or antenna less than 70 feet in height that is owned and operated by a federally licensed amateur radio station operator.

(Code 1985, § 7.5-3; Ord. No. 1999-453, § I(27-3), 8-17-1999)

Communication towers shall be located in the C-3 wholesale commercial and I industrial zoning districts within the city and shall be prohibited in all other zoning districts, rights-of-way and utility easements.

(Code 1985, § 7.5-4; Ord. No. 1999-453, § I(27-4), 8-17-1999)

For the purposes of measurement, communication tower setbacks as listed in this article and separation distances as listed in this article shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

(1)

Measurement. Communication tower separation shall be measured from the base of the existing or approved tower to the nearest property line of off-site uses and/or designated areas as specified in the table set forth below.

(2)

Communication tower separation from off-site uses/designated areas. Separation of towers from adjacent property shall comply with the following:

MINIMUM SEPARATION DISTANCES FROM ADJACENT USES FOR TOWER
CONSTRUCTION WITHIN THE CITY OF EDGEWOOD

(3)

Separation requirements for proposed communication towers. Proposed communication towers must meet the following minimum separation requirements from existing towers and towers that have received city land use or building permit approval prior to the adoption of the ordinance from which this article is derived. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the base, pursuant to a site plan, of the proposed tower. The separation distances between towers (listed in linear feet) shall be as follows:

(Code 1985, § 7.5-5; Ord. No. 1999-453, § I(27-5), 8-17-1999)

(a)

Site requirements.

(1)

Any site proposed for approval of a tower or antenna shall be required to meet all city regulations prior to approval.

(2)

Only one tower may be located on any site.

(b)

Setbacks.

(1)

Communication tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located.

(2)

Communication towers shall comply with the minimum setback requirements of the district in which they are located.

(3)

When there is a principal building housing a principal use located on the site, the tower shall be located behind the main building in line. All communication towers shall be set back a minimum of 50 feet from the right-of-way line from any public roadway.

(c)

Height.

(1)

Maximum height allowed. A communication tower or an antenna shall not exceed 35 feet in height from ground level.

(2)

Method of determining communication tower height. Measurement of communication tower height shall include antenna, base pad, and any other appurtenances and shall be measured from the average ground level of the parcel within 20 feet of the base of the tower to the highest point of the tower or antenna.

(d)

Illumination. No lighting shall be affixed to or directed at the tower, unless required by local, state or federal agencies and certified to the city in writing, by the tower owner/operator and property owner, and approved by the city.

(e)

Finished color. Communication towers shall not be painted or otherwise colored unless required by local, state or federal agencies and certified to the city in writing by the tower owner/operator and property owner and approved by the city. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color which has the effect of making the antenna and related equipment as visibly unobtrusive and compatible to the structure as possible.

(f)

Structural design. Telecommunications facilities including improvements and additions thereto shall be constructed to most current standards published by the Electronic Industries Association as such association exists on the adoption date of the ordinance from which this article is derived, and all city construction/building codes. Site plans, signed and sealed by a state-registered professional engineer, which demonstrate compliance with the Electronic Industries Association standards shall be required. Said plans shall be submitted to, and reviewed and approved by, the city engineer at the time building permits are requested.

(g)

Type of construction. Communication towers shall be monopole or camouflage construction only. Special design features for communication towers such as stealth (camouflage) construction may be required upon a finding that the visual impact of the proposed construction is incompatible with the character of the surrounding area. All cable located on communication towers shall be internally concealed, and no cables or other attachments, other than the antennas, shall be on or affixed to the exterior of the tower structure.

(h)

Fencing. A decorative brick wall not less than six feet and no greater than eight feet in height from finished grade shall be provided around each telecommunications facility. Access to the tower shall be through a locked gate. Towers or antenna mounted on buildings shall have adequate security.

(i)

Landscaping and buffering. The visual impacts of a communication tower shall be mitigated through landscaping or other screening materials. The following minimum standards for landscaping and buffering of telecommunications facilities shall be required around the perimeter. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and used as a supplement to landscaping requirements. The following landscaping shall be provided:

(1)

A continuous landscape screen consisting of canopy of trees a minimum of 16 feet high with a minimum four-inch diameter at a height of four feet measured from above ground level at installation and a maximum of 20 feet apart shall be planted around the perimeter of the fence;

(2)

All landscaping shall be of the evergreen variety or appropriate variety to provide an opaque screen;

(3)

All landscaping shall be properly irrigated and maintained to ensure good health and viability. Landscaping that is not surviving or meeting the height or buffering requirements set forth by city council shall be replaced within 60 days. Any tree or plant replacement shall be the same height and plant type as it replaces, and any tree replacement shall be no less than 16 feet in height and the same tree type.

(j)

Parking. A minimum of one parking space to accommodate maintenance vehicles shall be provided within the fenced area. This may be waived for towers or antennas located on existing buildings or developed sites where parking meets city requirements.

(k)

Accessory buildings or structures. All accessory buildings or structures shall be subject to the principal building setbacks for the applicable zoning district. No outside storage shall be permitted at the tower site, other than tower segments which have been removed.

(l)

Signage. No signage of any type or character shall be on or affixed to the tower, unless required by local, state or federal agencies and certified to the city in writing by the tower owner/operator and property owner and approved by the city.

(m)

Design compatibility. The city council may include additional conditions in conjunction with site plan approval to ensure design compatibility with the surrounding area.

(n)

Design to accommodate collocation.

(1)

All communication towers over 35 feet in height, but not more than 120 feet in height, shall be engineered and constructed to accommodate a minimum of three service providers.

(2)

All communication towers over 120 feet in height, but not more than 140 feet in height, shall be engineered to accommodate a minimum of four service providers.

(3)

All communication towers over 140 feet in height, but not more than 165 feet in height, shall be engineered to accommodate a minimum of five service providers.

(4)

No communication tower or antenna shall exceed 165 feet in height.

(Code 1985, § 7.5-6; Ord. No. 1999-453, § I(27-6), 8-17-1999)

(a)

General requirements.

(1)

Antennas shall be approved by special exception and must comply with all applicable FCC and FAA regulations;

(2)

Antennas must comply with all applicable building codes and must be issued a building permit; and

(3)

Only radio frequency (RF) antennas shall be used and placed linearly, in-line, with and as flush as possible to the tower.

(b)

Collocation of antennas. To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, collocation of antennas by more than one carrier on existing communication towers, or existing qualifying buildings and structures, shall take precedence over the construction of new communication towers as follows:

(1)

Collocation onto existing towers. Proposed antennas shall collocate onto existing communication towers in a manner consistent with this article.

(2)

Type of construction. A communication tower which is modified or reconstructed to accommodate the collocation of an additional antennas shall be a standard monopole tower.

(3)

Continuing height evaluation/reduction/increase.

a.

Each and every RF provider on or to be on a tower shall have a senior designated radio frequency (RF) engineer certify in writing to the city that its antenna above ground level (AGL) height, length and separation distance from other providers' antennas are the minimum required to provide service. This certification is required to be refiled with the city 120 days prior to the anniversary of three years from the date of the approval of the special exception for the tower and 120 days prior to each three-year period thereafter as long as the tower is located on the property. If any RF provider fails to timely provide the foregoing certification to the city, the city shall notify such RF provider in writing that the certification required pursuant to this subsection is due and that failure to deliver the necessary certification within 30 days of the date of the RF provider's receipt of such notification shall result in such RF provider being in violation of this section. If such RF provider fails to deliver the necessary certification within said 30-day period, the city may thereafter proceed to revoke such RF provider's special exception for its antennas and telecommunications facilities in accordance with the terms set forth in section 134-835, regarding termination for cause.

b.

If or when an RF provider's technology, system design or usage patters allow such RF provider to lower its antenna's AGL height, use shorter antenna lengths and/or operate with less antenna separation, such provider, tower owner/operator and the property owner shall notify the city in writing within 60 days of such determination by the RF provider. Such RF provider shall thereafter reduce its antenna height, its antenna length and/or its antenna separation within 60 days of its delivery of such notification to the city. Additionally, once all of the RF provider's antenna array centers are located at or below the 140-foot AGL level, the RF providers, tower owner/operator and the property owner shall notify the city in writing of such fact and ask the city if the top portion of the new tower, measuring approximately 25 feet, should be dismantled. At any time thereafter, if the city elects to have such uppermost segment of the tower removed, the RF providers, tower owner/operator and the property owner shall complete such dismantling of the top portion of the tower within 60 days of receipt of written notice from the city indicating its desire to have the tower height lowered. Once all RF providers' antenna array centers are located at or below the 120-foot AGL level, the RF providers, tower owner/operator and the property owner shall notify the city in writing of such fact and ask the city if the next segment of the tower, measuring approximately 20 feet, should be dismantled. At any time thereafter, if the city elects that this segment of the tower be removed, the RF providers, tower owner/operator and property owner shall complete the removal of said portion of the tower within 60 days of receipt of the city's written notice. Once all RF providers' antenna array centers are located at or below the 100-foot AGL level, the RF providers, tower owner/operator and the property owner shall notify the city in writing of such fact and ask the city if the next segment of the tower, measuring approximately 20 feet should be dismantled. At any time thereafter, if the city elects that this segment of the tower be removed, the RF providers, tower owner/operator and property owner shall complete the removal of said portion of the tower within 60 days of receipt of the city's written notice. To the extent that the top segments or portion of the telecommunications tower are not being utilized by the tower owner/operator or collocator in its communication service network which would allow the communication tower to be dismantled or lowered below the 100-foot AGL level, the RF providers, tower owner/operator and the property owner shall notify the city in writing of such fact and ask if the next segment should be dismantled. Any segment of the tower which is removed shall be stored for reuse by the tower owner/operator and property owner.

c.

If, after the tower height has been reduced pursuant to subsection (b)(3)b. of this section, the city approves an application or desires to collocate on the tower at a height which would require the reattachment of any segment or segments of the tower, the tower owner/operator and/or the property owner shall have such segment reattached within 60 days of the date on which they receive written notice from the new RF provider that it has obtained a building permit for the installation of its facilities on the tower or written notice from the city. The costs incurred in reattaching the required segment shall be paid for by the new RF provider.

(4)

Additional collocation; city use.

a.

All reasonable effort by any existing RF providers, tower owner/operator and property owner shall be made to continue the initial collocation and otherwise accommodate and collocate where feasible on the tower any future RF provider and/or the city. Each RF provider shall have a senior RF engineer certify in writing to the city if this is unobtainable and the reasons therefor. Additionally, the tower owner/operator or the property owner shall cause a state-registered professional engineer (PE) designated structural engineer to certify in writing to the city if the tower cannot accommodate additional providers as a result of the structural limitation of the tower. The term "where feasible," as it applies to collocation, means that utilization of the tower by another tower user would, at the time of such utilization, comply with sound engineering principals, would not materially degrade or impair the tower's utilization by existing users and would not unduly burden the tower structurally. Reasonable terms for use of the tower that may be imposed by the tower owner/operator or property owner include a requirement for reasonable rent or fees, taking into consideration the capitalized cost of the tower and land, the amount of lease payments by the tower owner, the incremental costs of designing and constructing the tower so as to accommodate additional users, increases in maintenance expenses relating to the tower and a fair return on investment, provided such amounts are also consistent with rates paid by other collocators at this and other comparable tower sites. The tower owner/operator and property owner shall exercise good faith in collocating other service providers and sharing the permitted tower site, provided such shared use does not give rise to a substantial technical level or quality-of-service impairment of the communication services (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether the tower owner/operator and property owner have exercised good faith in accommodating other users, the city may require a third-party technical study at the expense of the tower owner/operator and property owner and/or the complaining RF provider. The city may hold a public hearing to review the certifications and/or technical study and otherwise confirm that all reasonable effort and good faith has been made to effectuate the requested collocation.

b.

Notwithstanding anything contained herein to the contrary, if the city desires to locate antennas and telecommunications facilities at the tower site to be used for governmental purposes in performing its governmental duties to protect the health, welfare and safety of the residents of the city, the city shall be entitled to place its antennas and telecommunications facilities at the tower site and shall not be obligated to pay any rent or other charges to the tower owner/operator or the property owner. The city shall be responsible for the cost of installing such facilities on the tower and at the tower site and any ongoing maintenance expenses related thereto. If the city's proposed facilities would adversely affect the tower's structural integrity or the operation of any facilities of any existing RF providers, the tower owner/operator, the RF providers and the city shall cooperate with each other in attempting to resolve any such problem, provided, however, that the city shall be responsible for the payment of all costs which may be incurred in order to enable the city to locate its antennas on the tower. The city is not an RF or service provider for the purposes of this article.

(5)

Tower use evaluation. If an RF provider's technology, system design or usage patterns renders the tower's use unnecessary for such RF provider, or any provider cannot effectuate its intended use or if any RF provider's lease, sublease or collocation agreement relating to the tower is not renewed or is otherwise terminated, such RF provider, the tower owner/operator and the property owner shall notify the city in writing within 60 days of such event, and such RF provider's special exception for the placement of its antennas and telecommunication facilities at the tower site shall terminate at the end of such 60-day period.

(Code 1985, § 7.5-7; Ord. No. 1999-453, § I(27-7), 8-17-1999)

(a)

Intent and purpose. Approval for all communication towers and antennas which exceed 35 feet in height from ground level shall be obtained through the special exception approval process as set forth in this Code, on a case-by-case basis. The city shall consider and weigh the aesthetic impacts, compatibility issues and environmental, health and safety requirements of the proposed communication tower and/or antenna with the public benefit derived from having an efficient and reliable wireless communications system when determining whether or not to grant special exception approval. The city council may approve a special exception notwithstanding the minimal requirements adopted in this article.

(b)

Application and procedural requirements.

(1)

Generally. Applications for special exception use permits under this section shall be subject to the procedures and requirements of this Code, except as modified in this section. Preliminary site plans shall be submitted with the application.

(2)

Permit conditions; minimum requirements. In granting a special exception use permit, 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 and/or antenna on adjoining properties, residents and the city. Requirements of this article shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(3)

Certification of engineering information. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a state-registered licensed professional engineer (PE).

(4)

Fees. An applicant for a special exception use permit shall be subject to pay any fee as established by the city council.

(5)

Documentation of compliance with separation requirements of this article. The applicant shall indicate the exact distance, location, and identification of other communication towers and antennas within a two-mile radial distance on an updated tax map. The applicant shall also identify the type of construction of the existing communication tower and the owner/operator of the existing tower, if known.

(6)

Collocation of additional antenna. A statement by the applicant as to how construction of the communication tower and/or antenna will accommodate collocation of additional antenna for future users will be required.

(7)

Availability of suitable existing towers, other structures, or alternative technology. No new tower and/or antenna shall be permitted unless the applicant demonstrates by clear, convincing and competent evidence that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

a.

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

b.

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

c.

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

d.

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.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

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

g.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(8)

Alternative designs. If the applicant as part of the special exception use process demonstrates on clear, convincing, competent evidence that the application of the type of communication tower, height, location or distance requirement in this article effectively prohibits the establishment of a personal wireless service or other communication service network, then the type of communications tower, location, height or distance requirements can be modified by the city council after receiving recommendations from the planning and zoning board. The applicant has the burden to demonstrate, by clear, convincing, competent evidence, that the installation of a monopole, as opposed to latticed or guyed pole, and/or collocation of antennas will effectively prohibit the establishment of a personal wireless or other communication services network. If necessary to protect residential areas and other land uses from the potential adverse impacts of communication towers and antennas and to minimize adverse visual impacts of such towers and antennas, the city council has the discretion, including, but not without limitation, to require additional alternative design, siting, landscape, screening and innovative camouflaging techniques as part of the approval process.

(9)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the city an inventory of its existing towers, antennas and/or other sites approved for towers or antennas that are either within the jurisdiction of the city or within one mile of the border thereof including specific information about the location, height and design of each tower. The city council or its designee may share such information with other applicants applying for site plan reviews under this article or other organizations seeking reviews under this chapter or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the city council or its designee is not by sharing such information, in any way representing or warranting that such sites are available or suitable.

(10)

Indemnification. The tower owner/operator, property owner and all RF providers (the "parties") shall agree to indemnify, protect, defend and hold harmless the city, its council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the city arising, directly or indirectly, from (i) city's approval and issuance of any special exceptions, (ii) city's approval or issuance of any other permit or action, whether discretionary or nondiscretionary, in connection with the parties' use contemplated herein, and (iii) parties' installation and operation of the telecommunications facilities permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic/radio frequency fields or other energy waves or emissions. The parties shall acknowledge their agreement to this provision by executing a copy of conditions to communications tower and/or antenna special exceptions. The parties' compliance with this provision is an express condition of any special exception granted and this provision shall be binding on any and all of the parties' successors and assigns.

(Code 1985, § 7.5-8; Ord. No. 1999-453, § I(27-8), 8-17-1999)

All communication tower and antenna applications shall comply with the city's site plan review requirements. The following additional information shall be required:

(1)

Drawings. Drawings showing elevation of the proposed communication tower, and/or antenna indicating the finished color and, if applicable, the method of camouflage and illumination.

(2)

Evidence of compliance. Site plans, including landscape, fencing, accessory, structure, drawings, or other information showing compliance with the performance standards as outlined in this article, must be submitted and approved by the city and are necessary to achieve conformity with existing structures and uses consistent with the intent of this article.

(3)

Description of land. Legal description of the parent tract and leased parcel, if applicable.

(4)

Franchises. Owners and/or operators of towers and/or antennas shall certify that all franchises, licenses and approvals required by law other than as required by the city for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises, licenses and approvals with the city council or designee.

(5)

Notarized letter. A notarized letter signed by the applicant stating the tower and/or antenna will comply with all applicable federal, state and city codes and regulations.

(6)

Additional information. The applicant shall submit any other bona fide documentation or evidence that he or she feels may assist in determining visual impact.

(7)

Building permit. A building permit shall be required for construction of all new communication towers.

(8)

Preliminary environmental assessment. A preliminary environmental assessment of the tower site shall be submitted as part of the site plan review process. If, after a review of the preliminary environmental assessment, the city engineer determines that it is reasonably warranted and applicable to the tower site, the owner/operator of the tower site shall then submit to the city an environmental study which shall be conducted to check for the presence of any endangered species, wetlands or any historical significance to the city or area. If any of these are present, the steps to be taken to ensure the safety of any species and integrity of the area shall be stated.

(9)

Public notice. For purposes of this article, any site plan review request or decision regarding this section shall require public notice to all property owners within 500 feet of the perimeter of the parent parcel upon which the proposed tower and/or antenna is located, in addition to any notice otherwise required by law and/or this Code.

(Code 1985, § 7.5-9; Ord. No. 1999-453, § I(27-9), 8-17-1999)

No building permit for construction of any tower and/or any antenna shall be issued until a memorandum of lease is recorded on the public records of the county and provided to the city. The term "memorandum of lease" shall mean a document in recordable form which shall identify all parties and indicate that one or more other RF providers have entered into an agreement and/or lease with the communication tower owner/operator and that more than one RF provider is entitled to locate antennas on the tower. The tower, all antennas and telecommunications facilities shall comply with all applicable local, state and federal, particularly Federal Communications Commission and Federal Aviation Administration, codes and regulations.

(Code 1985, § 7.5-10; Ord. No. 1999-453, § I(27-10), 8-17-1999)

No RF provider shall operate from a tower without valid approval, a recorded memorandum of lease provided to the city and until the tower site and required landscape and fencing have received final inspection and/or approval from the city.

(Code 1985, § 7.5-11; Ord. No. 1999-453, § I(27-11), 8-17-1999)

An inspection of the structural condition of a tower shall be conducted within three months of original construction or any structural change by a state-registered professional engineer (PE) or architect, or within 30 days' written request by the city council or its designee. The inspections shall include a written report, sealed by the engineer or architect, and filed with the city. The report shall include documentation by a letter from the Federal Communications Commission acknowledging that the antenna operates at the approved FCC transmission levels.

(1)

The city or its agents shall have authority to enter onto the property upon which a tower is located, to inspect the tower for the purpose of determining whether it complies with all applicable laws and regulations.

(2)

The city reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner or operator. All expenses related to such inspections by the city shall be borne by the tower owner or operator.

(Code 1985, § 7.5-12; Ord. No. 1999-453, § I(27-12), 8-17-1999)

(a)

Tower owners and/or service providers shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(b)

All communication towers, antennas and telecommunications facilities shall at all times be kept and maintained in good condition, order, and repair so that the communication towers, antennas and telecommunications facilities shall not menace or endanger the life or property of any person.

(c)

All maintenance or construction on towers, antennas, telecommunications facilities or antenna support structures shall be performed by licensed maintenance and construction personnel if required by applicable law.

(d)

All towers, antennas and telecommunications facilities shall maintain compliance with current radio frequency emission standards of the FCC or any superseding city, state and county regulations.

(Code 1985, § 7.5-13; Ord. No. 1999-453, § I(27-13), 8-17-1999)

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days (or such shorter time as may be reasonably required by the city in an emergency situation) to bring such tower into compliance with such standards. Failure to bring such tower into compliance within the required time period shall constitute grounds for the removal of the tower and/or antenna and/or telecommunications facilities at the owner's expense. Further, any improvements and/or additions (i.e., antenna, etc.) to existing towers shall require submission of site plans sealed and verified by a state-registered professional engineer which demonstrate compliance with the applicable standards in effect at the time of such improvement or addition. Such plans shall be submitted to and reviewed and approved by the city council or designee at the time building permits are requested.

(Code 1985, § 7.5-14; Ord. No. 1999-453, § I(27-14), 8-17-1999)

All towers, antennas and telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and/or antennas and/or telecommunications facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers, antennas and telecommunications facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and/or antenna and/or telecommunications facility at the owner's expense.

(Code 1985, § 7.5-15; Ord. No. 1999-453, § I(27-15), 8-17-1999)

(a)

Each RF (radio frequency) provider shall provide the city with copies of all applicable federal permits and all environmental reports relating to such RF provider's antennas and telecommunications facilities located at the tower site which such RF provider files with the FCC. A copy of all such reports shall be delivered to the city within 30 days of its filing with the FCC. Each RF provider shall operate its antennas and telecommunications facilities in accordance with the applicable FCC rules and regulations relating to radio frequency emissions. Within six months of final inspection and approval of the tower site, the RF providers shall submit to the city a power density report to demonstrate that the tower site complies with FCC regulations governing the safety of the tower site. The report shall quantify the highest power density of radio frequency emissions in a publicly accessible area of the tower site under maximum operating conditions and compare the results with current FCC standards. Said report shall be subject to review by the city for consistency with the accepted FCC standards. Review of said report may require disclosure to a third party in order to have the report properly reviewed by an expert in the field of electromagnetic fields/radio frequency emissions. The city may, from time to time, conduct an environmental review of the tower site to determine the electric and magnetic field strengths, power flux densities and specific absorption rate (SAR) of the radio frequency radiation generated by the tower site. The cost of any such review will be paid for by the city provided, however, that if any such environmental review establishes that the radio frequency radiation emitted from the tower site is not in compliance with the then established FCC standards relating to EMF/RF emissions, then the RF providers shall reimburse the city for the cost of such environmental review within 30 days of receipt of a copy of the report and request for reimbursement. The city will provide the RF providers with a copy of any environmental review conducted on behalf of the city within 30 days of the city's receipt thereof, regardless of the contents contained therein.

(b)

If the tower, antennas and/or the telecommunications facilities are verifiably shown by any report prepared by a duly qualified expert to produce or create any environmental health or safety hazard, the city will provide written notice to the tower owner/operator, the property owner and each RF provider whose facilities are causing the hazard. Such written notice shall describe the hazardous condition with specificity and further provide the remedial action needed to correct the problem. The tower owner/operator, if the tower is creating the hazard, and/or each RF provider whose antennas and/or telecommunications facilities are causing the hazard, shall then have 30 days to correct the problem, provided, however, that if such hazard cannot be corrected within such 30-day period, but the tower owner/operator and/or the RF provider, as applicable, has or have commenced the necessary remedial action within such 30-day period and are diligently pursuing completion of the necessary remedial work, then they shall have such additional time as may be required to complete the necessary work, but in no event more than an additional 60 days. Notwithstanding anything contained herein to the contrary, it is specifically acknowledged that so long as an RF provider is operating its antennas and telecommunications facilities to the standards established by the FCC, such facilities shall not be deemed to produce or create an environmental, health or safety hazard concerning RF emissions.

(c)

The tower owner/operator, property owner and all RF providers shall ensure that the tower site does not cause localized interference with reception of area television, cable television, radio signals or other electronic devices. If the city finds that the tower site interferes with such reception, the city shall notify the tower owner/operator, property owner and all RF providers in writing of such interference whereupon the RF providers causing the interference shall have 30 days within which to correct the problem; provided, however, that if the RF emissions emanating from the tower site comply with the FCC radio frequency emissions standards then in effect, the RF provider shall not be required to take any corrective action, but shall provide the city its findings. If, however, any RF provider's antennas and/or telecommunications facilities are causing interference and are not operating within the then applicable radio frequency emission standards, and if such RF provider fails to correct the problem within 30 days of receipt of written notice form the city, then the city may thereafter proceed to hold a public hearing at which it may revoke or modify the special exceptions and/or permit issued to such RF provider.

(d)

In the event that the tower site has been subjected to an incident, including, but not limited to, any hurricane, tornado, sinkhole or other ground movement, fire, train accident or derailment or other accidents or natural disasters, and there is a reasonable basis to believe that the tower may have suffered damage, the tower owner/operator shall file a report with the city that the tower has undergone an inspection for structural integrity by a state-registered professional engineer (PE) designated structural engineer and that provides the results of the inspection. Said inspection is to be performed and report filed within 45 days after such event. If structural deterioration is found to be present, and such deterioration affects the physical stability or aesthetic integrity of the tower, the tower owner/operator shall correct such deterioration within 30 days of filing the inspection report with the city, provided, however, that if such deterioration cannot be corrected within such 30-day period but the tower owner/operator has commenced the necessary remedial action within such 30-day period and is diligently pursuing completion of the necessary remedial work, then it shall have such additional time as may be required to complete the necessary work, but in no event more than an additional 45 days.

(Code 1985, § 7.5-16; Ord. No. 1999-453, § I(27-16), 8-17-1999)

If a tower owner/operator and/or property owner and/or service provider fails to file an application for site plan approval and issuance of a building permit needed to develop a tower site or erect an antenna within six months of the date of the approval for the tower or antenna special exception or if the tower or antenna is not erected or put in service for its intended use by the service providers within one year of the date of the approval for the tower or antenna special exception, the tower and/or antenna special exceptions shall automatically expire.

(Code 1985, § 7.5-17; Ord. No. 1999-453, § I(27-17), 8-17-1999)

(a)

In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the city council or its designee who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have 30 days within which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(2)

Dismantle and remove the tower.

Any site plan or special exception use for the tower shall automatically expire on the date of the abandonment.

(b)

In the event the use of a tower is discontinued by the tower owner and/or operator, the tower owner and/or operator shall provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued.

(Code 1985, § 7.5-18; Ord. No. 1999-453, § I(27-18), 8-17-1999)

Upon tower abandonment or at such time as the tower and all antenna special exceptions expire or are terminated as provided herein, the property owner, his successors and assigns shall remove the tower, antennas and all telecommunications facilities and restore the tower site to finished grade within 30 days from the date of such event. The city shall have the right to remove such facilities if this condition is not met and lien the property for costs of such removal or to seek an injunction to have the facilities removed.

(Code 1985, § 7.5-19; Ord. No. 1999-453, § I(27-19), 8-17-1999)

(a)

Expansion of nonconforming use. Towers shall not be constructed on a nonconforming use, property or structure.

(b)

Preexisting towers. A tower which was in compliance with zoning regulations applicable at the time the tower was established, and for which all required permits were issued, may continue in existence as a nonconforming structure. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article. However, not more than one communication tower shall be constructed on the same site.

(c)

Rebuilding damaged or destroyed conforming towers or antennas. The type, height, and location of the tower and/or antenna shall be of the same type, height and location as the original facility approval. The rebuilt facility shall comply with the then-applicable building codes and the required building permits shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in this division.

(Code 1985, § 7.5-20; Ord. No. 1999-453, § I(27-20), 8-17-1999)

(a)

If an RF provider, the tower owner/operator or the property owner fails to comply with this article or any conditions applicable to such party (a "defaulting party"), the city shall provide written notice to such defaulting party which notice shall set forth in reasonable detail the condition or conditions which have been violated and the steps necessary to correct such default.

(b)

Upon receipt of such written notice and unless provided otherwise, the defaulting party shall have 30 days within which to take the steps necessary to correct the default, provided, however, that if such defaulting party commences the necessary action within such 30-day period and is diligently seeking to complete all of the necessary work, but is unable to do so within such 30-day period, then such defaulting party shall have such additional time as may be required to complete the corrective action, but in no event more than an additional 60 days.

(c)

If the defaulting party fails to take the necessary corrective action or fails to complete such action within the time periods provided for herein, the city may then proceed to schedule a public hearing in order to determine whether or not it should terminate the special exceptions granted to the defaulting party as a result of its failure to take the necessary corrective action specified in the city's notice. The city, acting in a reasonable manner, shall be the final determiner of any date and/or deadline required by or in this article or any conditions and/or compliance with this chapter or any conditions and shall have the right to request documentation and/or affidavits relating to the alleged default from any defaulting party.

(d)

Any decision to terminate a special exception as provided in this section shall only apply to the special exceptions granted to the defaulting party. This shall be in addition to any other remedy provided by city Code or law.

(Code 1985, § 7.5-21; Ord. No. 1999-453, § I(27-21), 8-17-1999)

A tower special exception shall terminate at such time as all RF providers have ceased using the tower and/or all special exceptions relating to such usage have expired or been terminated. The property owner shall then proceed to remove the tower and restore the tower site in accordance with section 134-812. Notwithstanding anything contained herein to the contrary, if all RF providers have permanently ceased using the tower but the city then still has its facilities thereon, the city may, at its election, waive the foregoing requirement to have the tower removed if the city elects to continue using the tower site.

(Code 1985, § 7.5-22; Ord. No. 1999-453, § I(27-22), 8-17-1999)

Any approval shall not "grandfather" any RF provider or the communication tower owner/operator or otherwise preclude in any way the city from imposing upon them, collecting and/or requiring payment of any telecommunications, occupational license, franchise, and/or other tax and/or fee.

(Code 1985, § 7.5-23; Ord. No. 1999-453, § I(27-23), 8-17-1999)