In recognition of the quasi-public nature of cellular and personal communication systems, it is the purpose of these regulations to:

   A.   Accommodate the need for cellular communication towers while regulating their location and number in the City;

   B.   Minimize adverse visual effects of cellular and personal communication towers and support structures through proper siting, design and screening;

   C.   Avoid potential damage to adjacent properties from cellular and personal communication towers and support structure failure; and

   D.   Encourage the joint use of any new and existing cellular and personal communication towers and support structures to reduce the number of such structures needed in the future.

(Ord. 98-176. Passed 8-3-98.)

   The following definitions shall apply to this chapter:

   A.   "Cellular and Personal Communications Antenna" shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, and ground-wired communications systems, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.

   B.   "Cellular and Personal Communications Site" shall mean a tract, lot or parcel of land that contains the cellular communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular communications transmission.

   C.   "Cellular and Personal Communications Support Structure" shall mean any building or structure accessory to but necessary for the proper functioning of the cellular communications antenna or tower.

   D.   "Cellular and Personal Communications Tower" shall mean any freestanding structure used to support a cellular communications antenna.

   E.   "Cellular and Personal Communications Tower, Height of" shall mean the height from the base of the structure to its top; including any antenna located thereon.

(Ord. 98-176. Passed 8-3-98.)

   The following use regulations shall apply to cellular and personal communications antennas and towers:

   A.   A cellular or personal communications antenna that is mounted to an existing communications tower (whether said tower is for cellular purposes or not), smoke stack, water tower or other tall structure, shall be permitted as of right in all zoning districts. Cellular or personal communications antennas may also be located on the top of buildings which are no less than fifty (50) feet in height.

   Any cellular or personal communications antenna that is mounted to an existing structure as indicated above shall be painted a color which matches, or is compatible with, the structure on which it is located.

   B.   A cellular or personal communications antenna that is not mounted on an existing structure or is more than fifteen (15) feet higher than the structure on which it is mounted, is permitted in all zoning districts, with the exception of any single family or multi-family zoning district, as a conditional use, in accordance with Chapter 1135.

   C.   All other uses accessory to the cellular or personal communications antennas and towers, including, but not limited to, business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or personal communications antenna and/or tower is located.

   D.   Cellular or personal communications sites shall not be located in any single family or multi-family residential zoning district, nor shall they be located any closer to any residential zoning district as follows:

      1.   Cellular or personal communications towers less than one hundred (100) feet in height shall be located no closer than five hundred (500) feet to any residential zoning district.

      2.   Cellular or personal communications towers one hundred (100) feet or greater in height, but less than one hundred fifty (150) feet in height, shall be located no closer than seven hundred fifty (750) feet to any residential zoning district.

      3.   Cellular or personal communications towers one hundred fifty (150) feet in height and greater shall be located no closer than one thousand (1,000) feet to any residential zoning district.

(Ord. 98-176. Passed 8-3-98.)

   The following standards shall apply to all conditionally permitted cellular or personal communications antennas and towers:

   A.   The cellular or personal communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company's grid system.

   B.   If the cellular or personal communications company proposes to build a cellular or personal communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within a one-quarter (1/4) mile radius of the site proposed, by certified mail, return receipt requested, and has asked for permission to install the cellular or personal communications antenna on those structures. "Tall structures" shall include, but not be limited to: smoke stacks, water towers, buildings over fifty (50) feet in height, antenna support structures of other cellular communication companies, other communication towers and roadway lighting poles. Documentation that the "tall structure" is sound and capable of supporting the additional loads resulting from the antenna(s) installation, shall be submitted to the City by a registered design professional on behalf of the communications company.

   The City may deny the application to construct a new cellular or personal communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.

   Any decision to deny a permit to place, construct or modify a wireless communications antenna and/or tower shall be in writing and supported by substantial evidence.

   (Ord. 98-176. Passed 8-3-98.)

   A.   Antenna/Tower Height.

   The applicant shall demonstrate that the antenna/tower is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height shall be approved.

   B.   Setbacks from the Base of the Tower.

   If a new cellular or personal communications tower is to be constructed, the minimum distance between the base of the tower or any guy wire anchors and the property line shall be the greatest of the following:

      1.   Forty (40) percent of the tower height;

      2.   The minimum setback in the underlying zoning district; or

      3.   Fifty (50) feet.

   C.   Cellular and Personal Communications Tower Safety.

   The applicant shall demonstrate that the proposed cellular or personal communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris. Furthermore, all cellular or personal communications towers shall be fitted with anti-climbing devices as approved by the manufacturers.

   D.   Fencing.

   A fence shall be required around the cellular or personal communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight (8) feet in height and shall be erected to prevent access to non-authorized personnel.

   E.   Landscaping.

   The following landscaping shall be required to screen as much of the support structures as possible, the fence surrounding the cellular or personal communications tower, support structure(s) and any other ground level features and, in general, soften the appearance of the cellular or personal communications site. The City may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside of an existing structure, landscaping shall not be required.

   Any freestanding cellular or personal communications tower shall incorporate landscaping which includes trees, shrubs and other landscaping vegetation that is subject to review and is acceptable to the Planning Commission. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

   F.   Limiting the Number of Cellular Communications Towers.

   In order to reduce the number of antenna support structures needed in the City in the future, the proposed cellular communications tower shall be required to accommodate other users, including other cellular or personal communications companies, and local police, fire and ambulance departments.

   G.   Licensing.

   The cellular communications company must demonstrate to the City that it is licensed by the Federal Communications Commission (FCC).

   H.   Required Parking.

   If the cellular or personal communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in this Zoning Code.

   I.   Appearance.

   Cellular or personal communications towers under two hundred (200) feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or personal communications towers shall meet all Federal Aviation Administration (FAA) regulations. All cellular or personal communications towers greater than one hundred (100) feet in height shall be artificially lighted as required by the FAA for towers two hundred (200) feet in height or greater. Furthermore, no cellular or personal communication tower or antenna shall contain any signage containing a commercial message.

   J.   Site Plan Required.

   A full site plan shall be required for all proposed cellular or personal communications sites, at a scale of one inch to one hundred feet (1"=100'), indicating, as a minimum, the following:

      1.   The total area of the site.

      2.   The existing zoning of the property in question and of all adjacent properties.

      3.   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

      4.   Existing topography with a maximum of five (5)-foot contour intervals.

      5.   The proposed finished grade of the development shown by contours not exceeding five (5)-foot intervals.

      6.   The location of all existing buildings and structures and the proposed location of the cellular or personal communications tower and all cellular or personal communications support structures, including dimensions, heights and, where applicable, the gross floor area of the buildings.

      7.   The location and dimensions of all curb cuts, driving lanes, off-street parking and loading areas, including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.

      8.   All existing and proposed sidewalks and open areas on the site.

      9.   The location of all proposed fences, screening and walls.

      10.   The location of all existing and proposed streets.

      11.   All existing and proposed utilities, including types and grades.

      12.   The schedule of any phasing of the project.

      13.   Any other information as may be required by the Planning Commission to determine the conformance with this Zoning Code.

   The Planning Commission shall act upon all site plans within sixty (60) days after the receipt of the complete application from the Building Inspector. The Planning Commission may approve, disapprove or approve with modifications the site plan as submitted. Within the said sixty (60)-day period, a majority of the members of the Planning Commission present at a meeting thereof may vote to extend the said period of time, not to exceed an additional sixty (60) days.

(Ord. 98-176. Passed 8-3-98.)

   Any owner of property used as a cellular or personal communications site shall maintain such property and all structures thereon in good condition and free from trash, outdoor storage, weeds and other debris. Any cellular or personal communications tower that has discontinued its service for a period of twelve (12) continuous months or more shall be removed, along with all accessory structures related thereto. "Discontinued" shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, unused or has ceased the daily activities or operations which had occurred.

(Ord. 98-176. Passed 8-3-98.)

   Any required application for a cellular communications site shall be accompanied by a fee, as established by City Council, and shall be submitted to the Clerk of the Planning Commission at least fourteen (14) days prior to the Planning Commission meeting before any action will be taken by the City. Incomplete applications will not be accepted for review by the Planning Commission.

   The appropriate City Staff shall review the plans and prepare a written report for review by the Planning Commission.

   Twenty-five (25) copies of the site plan and supplementary material, as may be specified by ordinance, shall be received by the Clerk of the Planning Commission with the written application for conditional approval, fourteen (14) days prior to the regularly scheduled Commission meeting. Filing is not considered complete until all data required by ordinance is submitted.

(Ord. 98-176. Passed 8-3-98.)