The purpose of this chapter is to establish general guidelines for the setting of communication towers and antennas. The goals of this chapter are to:

A.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

B.

Encourage the location of towers in non-residential areas;

C.

Minimize the total number of towers throughout the community;

D.

Strongly encourage the joint use of the new and existing tower sites as a primary option rather than the construction of additional single-use towers;

E.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact to the community is minimal;

F.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of towers and antennas;

G.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

H.

Consider the public safety of communications towers; and

I.

Minimize potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(Ord. No. 1313, § 1, 2-16-10)

As used in this chapter, the following terms shall have the meanings set forth below:

"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 telecommunications signals or other communication signals.

"FAA" means the Federal Aviation Administration.

"FCC" means Federal Communications Commission.

"Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

"Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or special use permit has been properly issued prior to effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, or similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and telephone transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(Ord. No. 1313, § 2, 2-16-10)

A.

New Towers and Antennas. All new towers or antennas in the city shall be subject to these regulations, except as provided in Sections 17.74.030(B) and 17.74.030(C), inclusive.

B.

Radio Towers/Antennas. This chapter shall not govern any tower, or the installation of any antennas that is less than forty feet in height.

C.

Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of Sections 17.74.040(B) and 17.74.040(C).

(Ord. No. 1313, § 3, 2-16-10)

A.

Lot Size. For purposes of determining whether the installation of a tower or antenna complies with the City's Zoning Regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

B.

State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state and 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 chapter shall bring such towers and antennas 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 and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

C.

Building Codes/Safety Standards. 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 and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection by a proper state or federal agency, it is discovered 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 thirty days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

D.

Signs. No signs shall be allowed on an antenna or tower, except if in compliance with the Havana Code of Ordinances.

E.

Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the Havana Code of Ordinances.

F.

Fallout Area. Each new tower or antenna shall have a fallout area equivalent to one hundred twenty-five percent of the height of said tower or antenna, which area shall be measured from the location of said tower or antenna, in a three hundred sixty degree radius equal to one hundred twenty-five percent of the height of the same, which area shall be under the control of the applicant constructing said tower or antenna.

(Ord. No. 1313, § 1, 2-16-10)