(a)

The purpose and intent of this article is to establish guidelines for the siting of telecommunication towers and antennas. This article is intended to provide for the location of towers in non-residential areas; provide for the use of existing structures as an alternative to new tower construction; encourage the joint use of new towers; provide for design and construction of towers and antennas which minimize adverse visual impacts; and enhance the ability of providers of telecommunications services to provide such services within the city quickly, effectively and efficiently.

(b)

In recognition of the public need and demand for advanced telecommunication and informational technologies and services, the regulations herein provide a balance against the impacts that such facilities may have on properties within the city. This balance shall be established by:

(1)

Providing for appropriate location and development criteria for telecommunication towers and antennas within the city;

(2)

Minimizing the adverse affects of such facilities through careful design, siting and buffering criteria;

(3)

Maximizing the use of existing and future telecommunication support facilities and encouraging multiple users on such facilities; and

(4)

Protecting the residential, archeological, architectural and historical character of neighborhoods and designated historical districts and landmarks.

(Ord. No. 97-9, § 1, 6-3-97)

Telecommunication towers and antennas installed and maintained in accordance with this article shall be exempt from the height limitations for buildings and structures set forth elsewhere in this chapter. The requirements set forth in this article shall govern the height of all telecommunication towers and antennas within the city. The installation of an antenna on a building which is nonconforming as to height limitations shall not be deemed to constitute the expansion of a nonconforming building, structure or use, so long as the requirements of this article are met by such installation. Home satellite dishes, as defined herein, shall be considered a residential accessory use, exempt from the requirements of this article. Commercial satellite dishes, as defined herein, shall be considered a business accessory use, exempt from the requirements of this article, and governed by section 22-6.03 of the Code of Ordinances. Home antennas, as defined herein, shall be exempt from the requirements of this article.

(Ord. No. 97-9, § 1, 6-3-97)

As used in this article, the following terms shall have the meaning provided:

Antenna. Any exterior apparatus designed or used for telephonic, radio, or television communications, through the sending or receiving of electromagnetic waves.

Commercial satellite dish. An antenna, usually parabolic or dish shaped, designed and used to receive satellite broadcast signals for the occupants of the business where located, only.

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

Height. The distance measured from ground level to the highest point on any tower or other structure, even if the highest point on such tower or structure is on an antenna.

Home antenna. An antenna designed and used by the occupants of the residence where located, only.

Home satellite dish. An antenna, usually parabolic or dish shaped, one (1) meter or less in diameter, designed and used to receive satellite broadcast signals for the occupants of the residence where located, only.

Supporting equipment. Any structure, equipment, apparatus, cable, wiring, conduit, fiber, guy or other item designed, installed, erected or used in conjunction with any tower or antenna, as defined herein.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self supporting lattice towers, guy towers, or monopole towers. The term includes, without limitation, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and similar structures.

User. Any independent person or entity providing telecommunication services to customers in the city through antennas located within the city. For the purposes of determining the number of users co-locating at a particular site, all entities having common ownership, officers or directors shall be considered a single user.

(Ord. No. 97-9, § 1, 6-3-97)

(a)

No antenna or supporting equipment shall be erected, altered or relocated within the city without first obtaining a permit therefor from the building official. Application for said permit shall be submitted on forms provided by the city.

(b)

Antennas may be installed on existing structures, including buildings and other structures, that are sixty (60) feet or more in height, without including the addition to the height created by any antenna, provided the antenna adds no more than twenty (20) feet to the height of said existing structure. The antenna and supporting equipment shall be of a color that is identical or similar to the color of the supporting structure so as to make the antenna and supporting equipment as indiscernible as possible. No lighting shall be permitted on any antenna, except as specifically required by the FAA. All antennas shall comply with FCC standards for radiation emissions.

(c)

Antennas may be installed upon towers erected in accordance with the requirements of this article, provided the tower, with all antennas attached, meets the height limitations of this article.

(d)

Any antenna proposed to be located on a historical landmark or in a designated historic district shall be reviewed in accordance with this article and in accordance with Article XXI of this chapter, pertaining to historic preservation.

(e)

All antennas and supporting equipment shall be designed to blend into the principal structure on which such antenna is located, in such a manner as to minimize the discernability thereof, taking into consideration the location of the antenna, lines of sight, and the distance from any right-of-way and surrounding uses.

(f)

An occupational license shall be required for every person or entity which owns or controls the use of any antenna within the City, except for antennas used by the occupants of the residence or business where such antenna is located, only.

(g)

No antenna or supporting equipment shall be placed in any public right-of-way without an express written agreement with the governmental entity owning or controlling said right-of-way, whether the pole, tower or structure on which the same is erected is owned by the governmental entity or not.

(h)

If the pole, tower or structure to which the antenna is affixed is located in a public right-of-way, and said pole, tower or structure is removed for any reason by or at the direction of the City, the antenna owner shall remove or relocate the antenna at said owner's expense.

(i)

All antenna permit applications shall include the proposed and existing location of all towers and antennas erected or to be erected by said applicant within the six (6) months following said application.

(j)

Antennas may be attached to existing light poles, power poles, telephone poles or similar poles, in accordance with this article and the following:

(1)

All antennas shall be subject to review and approval by the City Council;

(2)

All antennas and supporting equipment shall not extend more than ten (10) feet above the pole;

(3)

Any pole on which an antenna will be installed, which is erected to replace an existing pole, shall not exceed the height of the pole being replaced;

(4)

All antennas shall be compatible with existing and authorized surrounding uses;

(5)

All antennas and supporting equipment shall be designed to blend into the pole on which such antennas are located, in such a manner as to minimize the discernability thereof, taking into consideration the location of the antennas, lines of sight, and the distance from any right-of-way and surrounding uses;

(6)

No antenna shall be located within eight hundred and fifty (850) feet of any other tower or antenna; provided however, that the installation of two or more antennas on the same pole shall not be prohibited by this paragraph; and

(7)

Any pole on which an antenna is to be installed shall have sufficient structural strength to support the proposed antenna and supporting equipment.

(Ord. No. 97-9, § 1, 6-3-97)

(a)

No tower or supporting equipment shall be erected, altered or relocated within the city without first obtaining a permit therefor from the building official. Applications for said permit shall be submitted on forms provided by the city.

(b)

All applications for tower permits shall be subject to the requirements of article VII and article VIII of this chapter pertaining to site plan and conditional use review and approval.

(c)

All towers shall be considered a principal use of the property on which the same are located. Towers shall be erected in areas of the city where the same are specifically permitted, only. Any application for a permit to construct a tower within the city shall demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna, by providing evidence of the following:

(1)

No existing tower or structure is located within the geographic area the applicant seeks to serve which is sufficient to meet the requirements for the applicant's proposed antenna;

(2)

Existing towers or structures are not of sufficient height to meet the requirements for the applicant's proposed antenna;

(3)

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna or supporting equipment;

(4)

The applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas if placed on an existing tower or structure;

(5)

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure for a time period of twenty-five (25) years, exceed the cost of developing a new tower; or

(6)

The cost to modify or replace an existing tower to accommodate the applicant's proposed antenna exceeds the cost of erecting a new tower, including land acquisition and installation of supporting equipment.

(d)

No tower shall be located within five hundred (500) feet of any other tower regardless of whether or not the other tower is located within the city.

(e)

No antenna or supporting equipment shall be placed in any public right-of-way without an express written agreement with the public entity owning or controlling said right-of-way.

(f)

No tower shall be permitted on any property having a land use designation of recreation/open space, as set forth in the city's adopted comprehensive plan.

(Ord. No. 97-9, § 1, 6-3-97; Ord. No. 2012-06, § 15, 3-6-12)

(a)

All applications for a tower permit shall comply with the following:

(1)

Towers shall be designed and constructed in such a manner as to blend into the surrounding area and buildings. The purpose of such a design is to camouflage the tower and render the same as indiscernible as practical. Towers may be camouflaged to appear like, among other things, live trees, flag poles, masts, steeples or bell towers;

(2)

Towers designed and used to accommodate the antennas of a single user, and towers designed to appear like live trees, shall not exceed one hundred (100) feet in height. Towers designed and used to accommodate the antennas of two users shall not exceed one hundred twenty-five (125) feet in height. Towers designed and used to accommodate the antennas of three or more users shall not exceed one hundred fifty (150) feet in height;

(3)

Towers shall be constructed using a monopole design unless the applicant demonstrates that such design is not feasible to accommodate the intended users;

(4)

Towers, and supporting equipment visible from any right-of-way or adjacent property, shall be painted consistent with the tower design, using the minimum number of colors consistent with said design, and be compatible with the architecture of the immediate neighborhood or be painted a neutral, non-glare color or finish, so as to render the same as indiscernible as practical;

(5)

Towers shall be set back from existing residential uses a distance equal to the height of the tower, and from all public rights-of-way or private streets a minimum of thirty (30) feet. The distance shall be measured from the base of the tower to the residential property line, or the edge of the public right-of-way or private street, as applicable;

(6)

Tower supporting equipment and accessory facilities, located above ground, shall meet the minimum set back requirements for buildings set forth in this chapter for the particular zoning district in which the same are located;

(7)

Towers shall be enclosed by security fencing not to exceed eight (8) feet in height and shall also be equipped with an appropriate anti-climbing device;

(8)

Towers, and all supporting equipment and accessory facilities located above ground, shall have a landscaped buffer so that the base of the tower, and such supporting equipment and accessory facilities, shall be screened from any public right-of-way, private street, residential use, adjacent use and residential zoning district. The landscaped buffer shall consist of native plants no less than four (4) feet in height and three (3) feet in width, or deciduous or evergreen trees, of a species authorized in Article XX of this chapter pertaining to trees, at least two (2) inches in diameter measured at four and one half (4.5) feet above existing grade and planted every thirty (30) feet along said buffer;

(9)

No equipment, whether mobile or immobile, not used in direct support of the tower, antennas or accessory facility structure shall be stored or parked on the site unless the same is necessary for repairs to the telecommunication facility and such repairs are being made using the same;

(10)

No tower shall be used for advertising of any type, and the placement of signs thereon, other than emergency or warning signs is strictly prohibited;

(11)

All tower permit applications shall include a description of the geographic land area served by each antenna proposed for such tower, and shall include the proposed and existing location of all towers and antennas erected or to be erected by said applicant within the six (6) months following said application;

(12)

Towers shall meet all requirements of the zoning district in which the same are located, except to the extent said requirements are in conflict with this article; and

(13)

The minimum lot size for towers shall be 5,000 square feet with a minimum lot width of fifty (50) feet.

(Ord. No. 97-9, § 1, 6-3-97)

(a)

All towers and antennas shall meet or exceed current standards, rules, and regulations of the FAA, the FCC, and any other agency of the federal government having the authority to regulate towers and antennas. If such standards are changed after the erection or installation of a tower or antenna, the owners of said tower or antenna shall bring such tower or antenna into compliance with the revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling regulation or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owners expense. All owners of towers and antennas shall provide the building official a sworn statement verifying that all federal standards, rules and regulations applicable to each such tower or antenna have been complied with. Such statement shall be provided with the permit application for each tower or antenna, and at such other times requested of all tower and antenna owners within the city.

(b)

Towers and antennas shall be constructed, installed and maintained in accordance with all codes and ordinances of the city, and in addition, shall meet the standards set forth by the Electronic Industries Association ANSI/TIA/EIA-222-F-1996.

(c)

If upon inspection, the building official finds that the structural integrity of a tower or antenna constitutes a danger to persons or property, the owner of the tower or antenna, as shown on the permit application, shall be given written notice of the condition and shall have thirty (30) days to make the tower or antenna structurally sound in accordance with the standards set forth in the applicable codes. If the tower or antenna is not rendered structurally sound within the stated time period, the building official shall cause the removal of the tower or antenna by the most appropriate means consistent with the exigency of the circumstances. The city may place a lien on the property for the cost of removing or demolishing the tower or antenna, and collect the same as provided by law. Such lien shall be superior to all other liens except taxes, and shall include all costs of collection, including reasonable attorneys fees incurred through all appellate proceedings.

(Ord. No. 97-9, § 1, 6-3-97)

(a)

Any tower or antenna for which an occupational license has not been issued, as required by this article, or which is not operated, for a period of twelve (12) consecutive months, shall be considered abandoned. Upon written demand by the city, the owner of an abandoned tower or antenna shall remove the same within sixty (60) days. Failure to do so shall constitute a violation of the Code of Ordinances. Upon notification to remove a tower or antenna, pursuant hereto, any previously granted variances shall terminate. Determination of the date of abandonment shall be made by the city, and the owner or user of the tower or antenna shall be permitted to provide evidence of its continued use to avoid a determination of abandonment.

(b)

Where a tower or antenna is abandoned but not removed or demolished as required herein, the city may remove or demolish the tower or antenna and place a lien on the property for the cost thereof, in accordance with the procedures for abatement of a nuisance set forth in Article I, of Chapter 12 of the Code of Ordinances, pertaining to nuisances. Such lien shall be collected as provided by law, shall be superior to all other liens except taxes, and shall include all costs of collection, including reasonable attorneys fees incurred through all appellate proceedings.

(Ord. No. 97-9, § 1, 6-3-97)

(a)

In order to obtain a variance from the requirements of this article, an applicant for a tower shall establish that the variance will result in an opportunity for co-location of antennas, and thereby ultimately reduce the number of towers necessary to provide telecommunication service to the citizens of the city, in addition to meeting all other requirements of this chapter for obtaining a variance.

(b)

The public hearing on an application for a variance from the requirements of this article shall be conducted by the city council, utilizing the criteria of this section and article XI of this chapter.

(Ord. No. 97-9, § 1, 6-3-97; Ord. No. 2007-03, § 10, 4-3-07)