A "special use" is a use otherwise prohibited by the terms of this title in a given zone, but which may be allowed with conditions under specific provisions of this title and when not in conflict with a comprehensive plan. (1994 Code)

The governing board may authorize in specific cases special uses, subject, however, to the minimum conditions and requirements of the zoning district in which they are located and subject to additional conditions and requirements necessary to protect the best interest of affected persons and the city as a whole. (Ord. 509, 3-7-2000)

An application for special use permit shall be filed with the city by at least one owner or lessee of property for which such special use is proposed or for which an expansion of more than twenty five percent (25%) over the original square footage approved through the special use permit process or a total increase in square footage over ten thousand (10,000) square feet, whichever is less, or relocation of an existing special use is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant.

   B.   Legal description of property.

   C.   Descriptions of existing use.

   D.   Zoning district.

   E.   Description of proposed special use.

   F.   A plan of the proposed site for the special use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed special use meets the intent and requirements of this title.

   G.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to a comprehensive plan. (1994 Code)

The governing board shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: (Ord. 509, 3-7-2000)

   A.   Will, in fact, constitute a special use as established by zoning requirements for the zone involved.

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objective of a comprehensive plan and/or zoning regulations.

   C.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

   D.   Will not be hazardous or disturbing to existing or future neighboring uses.

   E.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons responsible for the establishment of the proposed use shall be able to provide adequately any such services.

   F.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

   G.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or to the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

   H.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.

   I.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (1994 Code)

In granting any special use, the governing board may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this title. (Ord. 509, 3-7-2000)

Upon receipt of the application for a special use, the governing board shall hold a public hearing, publish notice in the newspaper and give written notice to the applicant and all persons owning property within three hundred feet (300') of the subject property. (Ord. 509, 3-7-2000)

   A.   Within thirty (30) days after the public hearing, the governing board shall either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the governing board shall direct the city to issue a special use permit listing the specific conditions specified by the governing board for approval. (Ord. 509, 3-7-2000)

   B.   Upon granting of a special use permit, conditions may be attached to a special use permit including, but not limited to, those:

      1.   Minimizing adverse impact on other developments.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Assuring that development is maintained properly.

      5.   Designating the exact location and nature of development.

      6.   Requiring the provision for on-site or off-site public facilities or services.

      7.   Requiring more restrictive standards than those generally required in this title. (1994 Code)

Variance is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other title provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots and public ways. (1994 Code)

The governing board may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship or the loss of a building or site that is on a national, state or local register of historic places or sites. (Ord. 509, 3-7-2000)

A variance from the terms of this title shall not be granted unless and until a written application for a variance is submitted containing: (Ord. 509, 3-7-2000)

   A.   Name, address and phone number of applicant.

   B.   Legal description of property.

   C.   Description of nature of variance requested.

   D.   A narrative statement and documentation demonstrating that the building or site is on a national, state or local register of historic places or sites or that the requested variance conforms to all the following standards:

      1.   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

      2.   That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

      3.   That special conditions and circumstances do not result from the actions of the applicant.

      4.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district. (1994 Code)

   E.   A variance shall not be granted unless the governing board makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant. (Ord. 509, 3-7-2000)

Under no circumstances shall the governing board grant an appeal or variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implications prohibited by the terms of this title in said district. In granting any appeal or variance, the governing board may prescribe appropriate conditions and safeguards in conformity with this title. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this title. (Ord. 509, 3-7-2000)

   A.   Prior to granting a variance permit, at least one public hearing in which interested persons shall have the opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction of the city. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Written notice shall also be provided to property owners and residents adjoining and within the parcel under consideration. (Ord. 509, 3-7-2000)

   B.   When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice appears ten (10) days prior to the public hearing. (1994 Code)

Within thirty (30) days after the public hearing the governing board shall either approve, conditionally approve, or disapprove the request for appeal of variance. (Ord. 509, 3-7-2000)

   A.   Regulations:

      1.   Use: The placement, use or modification of any wireless communication facility is subject to the provisions of this section.

         a.   Residential zones: Freestanding towers are prohibited. Wireless communication facilities attached to utility poles or facades attached to nonresidential buildings are permitted subject to the provisions of this section.

         b.   Nonresidential zones: Wireless communication facilities are permitted subject to the provisions of this section.

      2.   Preferred Locations And Facility Types:

         a.   Site Selection Criteria: A master development plan is to be created, prior to any wireless communication facility permit request, based upon engineering constraints and desired areas of service. Wireless communication facilities shall be located on a master development plan in the following priority order:

            (1)   Collocation on an existing tower, structure or building. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate as described in this section.

            (2)   Publicly owned property.

            (3)   Other nonresidential buildings or vacant nonresidentially zoned land.

         b.   Facility Type Preferred:

            (1)   Roof mounted.

            (2)   Facade mounted.

            (3)   Utility pole mounted.

            (4)   Freestanding.

      3.   Collocation: Collocation is considered to be a visually unobtrusive installation method because the equipment is attached to an existing structure. Collocation of a wireless communication facility shall require only approval of the administrator. No new tower shall be permitted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed wireless communication facility. Evidence submitted to demonstrate the unavailability of other towers or structures shall address all of the following:

         a.   An RF engineering analysis of all utility poles, regardless of height, and of all towers or structures thirty five feet (35') in height or higher, within a one thousand three hundred twenty foot (1,320') radius of the proposed wireless communication facility site.

         b.   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 collocation are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

      4.   Prohibitions: The following are prohibited or restricted:

         a.   Interference with city and public safety communication systems and/or area television or radio broadcast is prohibited.

         b.   Freestanding towers within residentially zoned areas are prohibited.

         c.   Except as may be used in a lattice tower, diagonal bracing is permitted only to anchor the antenna to an existing building to which the antenna is attached.

   B.   Application Procedure: The administrator shall be the granting authority for wireless communication facility collocating on existing structures or utility poles. All other wireless communication facilities shall require a special use permit. An application for a special use permit for a wireless communication facility shall contain the information set forth below, in addition to the standard application information required for all special use permits:

      1.   A site plan including location, type and height of the proposed wireless communication facility with setbacks, property lines, adjacent land uses, structures and zoning.

      2.   Elevation drawings or before and after photographs/drawings simulating and specifying the location and height of the antennas, support structures, equipment enclosures and other accessory uses.

      3.   The master development plan showing the location of all existing and proposed wireless communication facility sites of the applicant within the city and its area of impact, including the service area of each wireless communication facility.

      4.   Evidence demonstrating the unavailability of collocation, as set forth above.

      5.   A signed and notarized statement by the applicant agreeing to accommodate collocation of additional antennas on the tower and that the applicant agrees to enter into leases with other providers allowing use of the tower at a monthly lease rate not to exceed the fair market value for such tower leases at the time of request for such a lease. Applicant agrees to provide documentation verifying the fair market rents for tower leases upon request of the administrator in the event any provider requesting collocation claims that such rates are unreasonable as provided for in subsection A3b of this section.

      6.   A lease agreement with the landholder that allows other providers to locate equipment on the subject property, and provides that if the provider fails to remove the wireless communication facility and equipment within ninety (90) days of its discontinued use, the responsibility for removal shall belong to the landholder.

   C.   Standards:

      1.   Roof Mounted:

         a.   Height: Roof mounted wireless communication facilities may extend above the highest portion of the roof, including parapet walls, by a distance equal to its distance to the nearest exterior wall.

         b.   Setback: Roof mounted wireless communication facilities shall be set back from the edge of the building the height of the antenna and support system.

         c.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

      2.   Facade Mounted:

         a.   Height: Facade mounted wireless communication facilities may not exceed five feet (5') above the facade to which it is attached.

         b.   Setback: Maximum projection of eighteen inches (18"), but may not encroach into the public right of way.

         c.   Attachment: The antenna and supporting electrical and mechanical equipment must be the same color as the supporting structure so as to make the antenna and related equipment as unobtrusive as possible.

      3.   Utility Pole Mounted:

         a.   Height: Maximum height of one hundred thirty three percent (133%) of the height of the original utility pole.

         b.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

         c.   Attachment: The antenna shall be either fully concealed within the utility pole or face mounted (not to exceed 18 inches from the face of the pole). Standoffs and amps platforms are prohibited.

         d.   Pole Replacement: Existing utility poles may be replaced with a new utility pole of the same height, dimensions and appearance as the existing utility pole.

         e.   Equipment Enclosures: Aboveground equipment enclosures on utility poles in the right of way shall not exceed twelve (12) cubic feet in volume and shall be constructed so as to minimize their visual impact. Aboveground equipment enclosures off the right of way shall meet building line setbacks in the underlying district, and shall be finished to blend in with the surrounding area. If a security fence is installed, landscaping and screening shall be installed to visually screen the aboveground equipment enclosure. Landscaping and screening shall consist of a combination of trees, foliage and shrubs of dense spacing in the form of either a screening wall or fence surrounded by a five foot (5') wide landscape planter, or a ten foot (10') wide landscape planter. All landscaping shall be watered, fertilized and maintained as necessary. All dead plantings shall be replaced within thirty (30) days.

         f.   Relocation Of Utilities: In the event the utilities located on a utility pole are relocated underground, the wireless communication facility shall be relocated to another location pursuant to the requirements of this section.

      4.   Freestanding:

         a.   Height: Freestanding towers shall not exceed one hundred sixty five feet (165') in height as measured from the ground.

         b.   Setback: Setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall be set back from all residential and residentially zoned property one hundred twenty five percent (125%) of the tower height as measured from ground level.

         c.   Color: Freestanding towers shall be left in a galvanized appearance or painted a neutral earth tone color or otherwise camouflaged or disguised so as to make the tower as unobtrusive as possible.

         d.   Attachment: The antenna shall be either fully concealed within the tower or face mounted and the applicant must provide evidence to the satisfaction of the administrator to show that the tower is structurally sound to support such antenna or other equipment to be attached to the tower, which evidence shall include, but not be limited to, written certification by an appropriately licensed engineer certifying that the tower is structurally sound to support such antenna or other equipment to be attached to the tower.

         e.   Landscaping: Landscaping and screening shall be installed to visually screen the support structure and aboveground equipment enclosures. Landscaping and screening shall consist of a combination of trees, foliage and shrubs of dense spacing in the form of either a screening wall or fence surrounded by a five foot (5') wide landscape planter, or a ten foot (10') wide landscape planter. All landscaping shall be watered, fertilized and maintained as necessary. All dead plantings shall be replaced within thirty (30) days.

         f.   Lighting: Lighting of antennas or support structures shall be prohibited except as required by the FAA.

   D.   Abandonment: Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communication facility within ninety (90) days of the date of abandonment or discontinuation of use, and restore the site to its original condition. (Ord. 610, 11-15-2016)