The purpose of this article is to establish predicable and balanced regulations for the siting and screening of wireless communications equipment, including technology associated with amateur radio service, satellite dishes, personal wireless service, radio or television transmitting antennas, public safety communication, and public utility microwave 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, buildings, and colocations to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community.

The following standards shall apply to all cellular telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antennas.

(1)

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

(2)

All antennas shall be in compliance with all city building and state 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 city and building official, shall be verified and approved by a structural 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. No corporate identification, including corporate names and logos, may be visible from a distance greater than ten feet.

(6)

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

(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 use, 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)

Provide documentation or studies utilized to determine the necessary location and height of the antenna.

General wireless communication structures shall be designed so as to reduce the visible impact on the Excelsior skyline and impact to surrounding residents and businesses. All wireless communication structures shall reflect a high quality of design when viewed from near or far by using designs compatible with their surroundings. The following requirements apply to all wireless communication towers or structures:

(1)

General 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.

(2)

If the equipment cabinets or storage buildings contain machinery that produces noise, the cabinet, or building shall be designed so that the noise is not perceptible outside the structure.

(3)

The equipment cabinets shall be buried, screened by landscaping, or the storage buildings constructed so as to be similar to buildings found in the area.

(4)

Access to the site shall be similar to driveways typically required or found in the area.

(5)

When the equipment, monopole, or stealth structure is no longer needed or being utilized, they shall be removed.

(6)

New structure (monopoles, stealth towers) shall be designed to permit future colocations (placing additional antennas owned by different providers on the same structure).

(7)

Wireless communication sites on or in existing structures such as buildings, communication towers, water towers, signs, clock towers, bell towers, and light standards shall comply with the following standards:

a.

Antennas requiring roof mounts or side mounts attached to buildings and structures like clock towers are to be screened, camouflaged, used as a decorative element to blend in with the structure, or otherwise blend in with the structure.

b.

Antennas on signs or light standards shall be placed inside the sign whenever possible or mounted so as to be accessory to the structure not overwhelming the primary use.

c.

The equipment cabinets are also to be screened, camouflaged, hidden, or placed in a manner similar to other types of mechanical equipment associated with the structure.

(8)

Wireless communication sites consisting of shorter monopoles located where the existing topography, vegetation, buildings, or other structures provided screening shall be hidden among trees or buildings to allow the antennas to transmit while hiding the pole.

(9)

Wireless communication sites that cannot be screened or camouflaged shall utilized stealth towers constructed to resemble more commonly accepted structures, such as church steeples, light poles, bell towers, clock towers, gateway elements, and monuments for the purpose of hiding antennas, shall comply with the following:

a.

When the stealth structure is part of an existing building like adding a steeple to a church, the construction of the tower and equipment cabinet enclosure should complement and match the existing building.

b.

When the stealth structure is independent of an existing building, it should fit the context of its surroundings and look as though it could serve the purpose of the real structure. The equipment cabinets or storage building should be integrated into the structure or located with similar structures.

(10)

Shorter monopoles with low profile antenna arrays like cross polarized antennas which can blend in with other structures or resemble more commonly accepted utility poles.

a.

The antennas should have a low profile, such as being close to the pole.

b.

The monopoles should closely resemble utility poles in height and size and not require security fencing or blend in with the other structures, such as flag poles or light standards.

c.

Equipment cabinets should be buried or resemble cabinets associated with other utilities; storage buildings should resemble similar buildings in the area. Storage buildings may need to be placed away from the pole to keep from drawing attention to the pole.

(11)

Wireless communication towers in historic buildings or sites shall follow established review procedures for construction or alteration.

(12)

Wireless communication towers in areas subject to design guideline provisions shall follow established review procedures for construction or alteration.

To ensure radio frequency radiation levels at wireless communication sites are below levels considered harmful, and any toxic substances in equipment buildings or storage buildings are properly stored and removed, the following standards shall be complied with by the operator of the site:

(1)

Telecommunication providers shall provide information detailing their compliance with FCC rules governing radio frequency radiation.

(2)

Periodic checks with the FCC on updated rules and regulations shall be made.

(3)

If a site becomes a shared site, information shall be provided to the city as to the cumulative effect of multiple tenants.

(4)

Periodic checks of the status of cell sites shall be made and reported to the city.

(5)

Information on any toxic substances in equipment cabinets or storage building shall be provided to the city.

(6)

When communication tower sites are abandoned, the equipment cabinets and buildings along with their contents shall be removed.

Except for amateur radio towers, a proposal for a new tower shall not be approved unless the city finds that the antennas cannot be accommodated on an existing or approved tower, building, or structure within 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 structural 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 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 in writing that a good faith effort to colocate on existing towers or structures was made, but an agreement could not be reached.

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

(1)

Towers shall meet the principal structure setbacks of the underlying zoning district.

(2)

Setback requirements for all personal wireless service or commercial and public radio and television transmitting antennas, public safety communication antennas, and public utility towers, may be reduced or its location in relation to a public street modified 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.

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, short-wave 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 29-8 of this Appendix E.

(2)

Accessory and secondary use antennas used for federally licensed amateur radio stations or for the amateur radio service shall be regulated by section 29-8 of this Appendix E.

(3)

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, or buffer yard, and shall be set back a minimum of five feet from all lot lines.

(4)

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 five feet from all lot lines.

(5)

Accessory or secondary use antennas and necessary support structures or towers, whether freestanding or mounted on another structure, may extend a maximum of 15 feet above the normal height restriction for the affected zoning district.

(6)

The installation of more than one support structure per property shall require the approval of an interim use permit.

(a)

[Exemptions.] Antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service shall be exempt from the requirement of subsections 29-2(3), (6), (9), and (11) of this Appendix E. All other provisions of section 29-2 of this Appendix E shall apply.

(b)

[Installation.] Antennas and towers used in the amateur radio service shall be installed in accordance with the instructions furnished by the manufacture of the antenna or tower. Because of the experimental nature of the amateur radio service, antennas mounted on such towers 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.

(c)

[Diameter.] Amateur radio service antennas accessory to a residential use shall not exceed one meter in diameter, except as provided for by section 29-10.

(d)

Location.

(1)

Amateur radio service antennas and towers shall not be erected in any required yard (except a rear yard) or within a public or private utility and drainage easement, and shall be set back a minimum of five feet from all lot lines.

(2)

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

(e)

Tower design.

(1)

Antennas and towers used in the amateur radio service may extend a maximum of two times the maximum height restriction for the specific zoning district, or a height of 70 feet, whichever is least.

(2)

Amateur radio towers shall have fail points so as to assure that the structure will collapse on the subject site and not extend to and jeopardize adjacent property.

(f)

[Interim use permit.] The installation of more than one tower or support structure per property shall require approval of an interim use permit, subject to the provisions of article 5 of this Appendix E.

(a)

Residential district standards.

(1)

Antennas located upon a public or quasi-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 qualified 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 article 8 of this Appendix E 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.

Roof mounted antennas shall not extend more than ten feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.

3.

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

4.

Antennas may be mounted to quasi-public structures that are allowed to exceed the maximum height requirements of the base district. The location of antennas on such structures may not exceed the height of the structure and must be architecturally compatible in form and color.

(2)

Antennas not located upon a public structure or existing tower: Personal wireless service antenna not located upon a public or quasi-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 and capacity analysis prepared by a qualified 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 portable 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 single ground mounted pole provided that:

1.

The pole does not exceed 75 feet in height, except as may be allowed by approval of an interim use permit.

2.

The setback of the pole from the nearest residential property line is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified 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 interim use permit provisions of article 5 of this Appendix E are considered and determined to be satisfied.

(b)

Commercial district standards.

(1)

Antennas located upon an existing structure or tower. Personal wireless service antennas located upon an existing structure or colocated on an existing structure shall require the processing of an administrative permit.

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 article 8 of this Appendix E 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.

Roof mounted antennas shall not extend more than ten feet above the roof, and shall be setback at least the height of the antenna structure from the roof edge.

3.

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

4.

Antennas may be mounted to quasi-public structures that are allowed to exceed the maximum height requirements of the base district. The location of antennas on such structures may not exceed the height of the structure and must be architecturally compatible in form and color.

(2)

Antennas not located upon an existing structure or existing tower. Personal wireless 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 qualified 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, except as may be allowed by approval of an interim use permit.

2.

The setback of the pole from the nearest residential property line is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified 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 80 percent shall be provided around the support structure.

e.

The conditional use permit provisions of article 4 of this Appendix E are considered and determined to be satisfied.

(a)

Residential district standards. Single satellite dish TVROs greater than one meter and less than three meters 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 section 29-7 of this Appendix E 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 satellite dish 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 interim use permit performance standards of article 5 of this Appendix E are considered and determined to be satisfied.

(b)

Commercial district standards. Satellite dish antennas within commercial 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 section 29-7 of this Appendix E.

Personal wireless service antennas in all commercial, industrial and 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:

(1)

Temporary mobile towers are exempt from permanent tower structure design and colocation standards contained in sections 29-3 and 29-5 of this Appendix E.

(2)

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 as provided in article 5 of this Appendix E.

(3)

Guyed towers are prohibited.

(4)

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

(5)

All towers shall be protected against unauthorized climbing.

(6)

The height of the tower shall not exceed 90 feet, except as may be allowed by approval of an interim use permit.

(7)

Temporary towers shall be prohibited in agricultural/rural or residential zoning districts.

(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 minimum requirements for locating telecommunication facilities within the city's 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 public right-of-way shall require an administrative permit subject to the provisions of article 8 of this Appendix E 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 city 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, with the exception of the city's decorative light poles, that do not exceed 60 feet in height.

b.

The replacement or extension of a utility or light pole, with the exception of the city's decorative light poles, 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 29-2 of this Appendix E.

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 qualified 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 29-12(b)(2) and 29-12(b)(2)d. Of this Appendix E 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 the Code and comprehensive plan, the city shall issue an administrative permit for the installation and operation of any structure or equipment.

(4)

The city 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 city 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 city's written decision. The appeal shall be processed under the rules set forth in article 7 of this Appendix E.

(6)

The permittee shall notify the city 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 article 4 of this Appendix E. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in article 4 of this Appendix E.

(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 article 4 of this Appendix E.

(2)

Ground mounted equipment that exceeds the size limit specified in section 29-11 of this Appendix E.

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

(1)

A letter of intent committing the tower owner and their 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 associated facilities when they are abandoned, unused or become hazardous shall be submitted to the city.