The provisions of this article are intended to ensure that telecommunication facilities are located, installed, maintained and removed in a manner that:

(1)

Minimizes the number of transmission towers throughout the community;

(2)

Encourages the collocation of telecommunication facilities;

(3)

Encourages the use of existing buildings, light or utility poles or water towers as opposed to construction of new telecommunication towers;

(4)

Recognizes the need of telecommunication provides to build out their systems over time; and

(5)

Ensures that all telecommunication facilities, including towers, antennae, and ancillary facilities, are located and designed to minimize the visual impact on the immediate surroundings and throughout the community, and minimize public inconvenience and disruption. Nothing in this section shall apply to amateur radio antennae.

(Ord. No. 253, § 1(art. XI, § 1), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

As used in this article, the following words and phrases mean:

Ancillary facilities means the buildings, cabinets, vaults, enclosures and equipment required for operation of telecommunication systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.

Antenna means an electrical conductor or group of electrical conductors that transmit or receive radio waves, excluding amateur radio antennae.

Attachment means an antenna or other piece of related equipment affixed to a transmission tower, building, light or utility pole, or water tower.

Collocation means placement of an antenna on an existing transmission tower, building, light or utility pole or water tower where the antenna and all supports are located on the existing structure.

Provider means a person in the business of designing and using telecommunication facilities including cellular radiotelephones, personal communications services, enhanced/specialized mobile radios, and commercial paging services.

Specific City Council use permit means a permit that is required for a use that may be permitted by the City Council pursuant to the methodology prescribed in article V of this chapter (Specific City Council Approved Use Permit).

Stealth design means a telecommunication facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment.

Telecommunication facility means a facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices including transmission towers, antennae and ancillary facilities. For purposes of this article, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not "telecommunication facilities."

Transmission tower means the monopole or lattice framework designed to support transmitting and receiving antennae. For purposes of this article, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not "transmission towers." Transmission towers include:

(1)

Guyed tower. A tower which is supported by the use of cable (guy wires) which are permanently anchored.

(2)

Lattice tower. A tower characterized by an open framework of lateral cross members which stabilize the tower.

(3)

Monopole. A single upright pole, engineered to be self supporting and does not require lateral cross supports or guys.

(Ord. No. 253, § 1(art. XI, § 2), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

No telecommunication facility, as defined in section 98-362, may be constructed, modified to increase its height, installed or otherwise located within the city except as provided in this article. Depending on the type and location of the telecommunication facility, the telecommunication facility shall be either an outright permitted use or require a specific City Council use permit.

(1)

Prohibited in residential districts. The siting of a telecommunication facility is prohibited in any residential district (PD, R-1, R-2 and R-3) within the city.

(2)

Specific City Council use permit. As provided herein, siting of a telecommunication facility may be permitted in specified zoning districts by the City Council pursuant to the methodology prescribed in article V of this chapter (Specific City Council Approved Use Permit) as well as provisions of this article. Should a conflict arise between the specific City Council use permit process and the requirements of this article, the requirements of this article shall prevail.

(3)

Outright permitted uses. As provided herein, the siting of a telecommunication facility may be permitted as a matter of right in specified zoning districts subject only to the requirements of obtaining site review approval and a building permit or permits.

(4)

Site review. The Planning and Zoning Commission shall perform all site reviews required by sections 98-364 through 98-366. No building permit shall be issued prior to completion of the site review process, including any appeals to the City Council.

(Ord. No. 253, § 1(art. XI, § 3), 4-8-2004; Ord. No. 387, § 1, 12-8-2008; Ord. No. 361, § 1, 6-26-2009)

(a)

Permitted use. Collocation of an additional antenna on an existing transmission tower shall be considered an outright permitted use in B-3, B-4 or I-1 zoning districts.

(b)

Specific City Council use permit. In B-1 and B-2 districts such collocation shall require a specific City Council use permit. No exceptions to the standards contained herein shall be permitted except as authorized by section 98-370.

(c)

Prohibited zoning districts and locations. No transmission tower shall be permitted in any residential zoning district (PD, R-1, R-2, and R-3).

(d)

Site review. Such collocation on an existing transmission tower shall be subject to site review approval provided that the antennae and ancillary facilities comply with the standards contained herein.

(Ord. No. 253, § 1(art. XI, § 4), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

In addition to collocation on a transmission tower, an antenna may be collocated on existing buildings, light or utility poles, and water towers.

(1)

Permitted use. In B-3, B-4, or I-1 districts collocation on a building, light or utility pole, or water tower, shall be considered an outright permitted use provided that the antennae and ancillary facilities comply with the standards and requirements contained herein.

(2)

Specific City Council use permit. In B-1 and B-2 districts such collocation shall require a specific City Council use permit. No exceptions to the standards contained herein shall be permitted except as authorized by section 98-370.

(3)

Prohibited zoning districts and locations. No collocation of antennae shall be permitted in any residential zoning district (PD, R-1, R-2, and R-3).

(4)

Site review. Such collocation on a building, light or utility pole, or water tower shall be subject to site review approval provided that the antennae and ancillary facilities comply with the standards contained herein, and the color of the antennae blends in with the existing structure and surroundings.

(Ord. No. 253, § 1(art. XI, § 5), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Construction of a transmission tower, or a modification of an existing transmission tower to increase its height, shall be allowed as follows:

(1)

Permitted use.

a.

Such construction or modification shall be considered an outright permitted use in the I-1 zoning district.

b.

Modification to increase the height of an existing transmission tower shall be considered an outright permitted use in all other districts if the city approved an increase in the tower height, by the specific City Council use permit authorizing the transmission tower. The increase in height allowed under this paragraph (1) shall be limited to the specific height authorized by the specific City Council use permit.

(2)

Specific City Council use permit. In all cases other than those listed in subsection (1), above, such construction or modification shall require a specific City Council use permit. No exceptions to the standards contained herein shall be permitted except as authorized by section 98-370.

(3)

Prohibited zoning districts and locations. No new transmission tower shall be permitted in any residential zoning district (PD, R-1, R-2, and R-3).

(4)

Site review. Such construction or modification shall be subject to site review approval provided that the antennae and ancillary facilities comply with the standards contained herein, and the color of the antennae blends in with the existing structure and surroundings.

(Ord. No. 253, § 1(art. XI, § 6), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

(a)

Collocation of antennae. In addition to standard required application material, an applicant for collocation of antennae shall submit the following information. Note: Additional application material is required, as specified in subsection (c) below, for applications requiring a site review or specific City Council use permit.

(1)

A description of the proposed antennae location, design and height.

(2)

Documentation demonstrating compliance with non-ionizing electromagnetic radiation (NIER) emissions standards as set forth by the Federal Communications Commission (FCC) particularly with respect to any habitable areas within the structure on which the antennae are co-locating on or in structures directly across from or adjacent to the antennae.

(3)

A statement documenting that placement of the antennae is designed to allow future collocation of additional antennae if technologically possible.

(4)

Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in section 98-368, or designs showing how the sound is to be effectively muffled and reduced pursuant to those standards.

(5)

Plans showing the connection to utilities/right-of-way cuts required, ownership of utilities and easements required.

(6)

Documents demonstrating that necessary easements have been obtained.

(7)

Plans demonstrating how vehicular access will be provided.

(8)

Signature of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with building permit and land use processes.

(9)

If ancillary facilities will be located on the ground, a landscape plan drawn to scale indicating proposed and existing landscaping, including type, spacing, size and irrigation methods.

(10)

Documents demonstrating that the FAA has reviewed and approved the proposal. Alternatively, when a site review or specific City Council use permit is required, submit a statement documenting that notice of the proposal has been submitted to the FAA. The site review or specific City Council use permit may proceed and approval may be granted for the proposal as submitted, subject to FAA approval. If FAA approval requires any changes to the proposal as initially approved, then that initial approval shall be void. A new application will need to be submitted, reviewed and approved through an additional site review or specific City Council use permit. No building permit application shall be submitted without documents demonstrating FAA review.

(b)

Construction of transmission tower. In addition to standard required application materials, an applicant for a transmission tower shall submit the following information. Note: Additional application material is required, as specified in subsection (c) below, for applications requiring a site review or specific City Council use permit.

(1)

A description of the proposed tower location, design and height.

(2)

The general capacity of the tower in terms of the number and type of antennae it is designed to accommodate.

(3)

Documentation demonstrating compliance with non-ionizing electromagnetic radiation (NIER) emissions standards as set forth by the Federal Communications Commission (FCC).

(4)

A signed agreement, as supplied by the city, stating that the applicant will allow collocation with other users, provided all safety, structural, and technological requirements are met. This agreement shall also state that any future owners or operators will allow collocation on the tower.

(5)

Documentation that the ancillary facilities will not produce sound levels in excess of those standards specified in section 98-368, or designs showing how the sound is to be effectively muffled and reduced pursuant to those standards.

(6)

A landscape plan drawn to scale showing proposed and existing landscaping, including type, spacing, size and irrigation methods.

(7)

Plans showing the connection to utilities/right-of-way cuts required, ownership of utilities and easements required.

(8)

Documents demonstrating that necessary easements have been obtained.

(9)

Plans demonstrating how vehicular access to be provided.

(10)

Signature of the property owner(s) on the application form or a statement from the property owner(s) granting authorization to proceed with building permit and land use processes.

(11)

Documents demonstrating that the FAA has reviewed and approved the proposal. Alternatively, when a site review or specific City Council use permit is required, submit a statement documenting that notice of the proposal has been submitted to the FAA. The site review or specific City Council use permit may proceed and approval may be granted for the proposal as submitted, subject to FAA approval. If FAA approval requires any changes to the proposal as initially approved, then that initial approval shall be void. A new application will need to be submitted, reviewed and approved through an additional site review or specific City Council use permit. No building permit application shall be submitted without documents demonstrating FAA review.

(c)

Site review and specific City Council use permit applications. In addition to the application requirements specified in subsections (a) and (b) above, application for site review or specific City Council use permits also shall include the following information:

(1)

A visual study containing, at a minimum, a graphic simulation showing the appearance of the proposed tower, antennae, and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the provider with review and approval by the planning director to ensure that various potential view are represented.

(2)

Evidence demonstrating collocation is impractical on existing tall buildings, light or utility poles, water towers, existing transmission towers, and existing tower facility sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage areas needs.

(3)

A current overall system plan for the city, showing facilities presently constructed or approved and future expansion plans.

(4)

A statement providing the reasons for the location, design and height of the proposed tower or antennae.

(Ord. No. 253, § 1(art. XI, § 7), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Installation, construction or modification of all transmission towers and antennae shall comply with the following standards, unless a variance is obtained pursuant to the provisions of section 98-370:

(1)

Separation between transmission towers. No transmission tower may be constructed within 2,000 feet of any pre-existing transmission tower. Tower separation shall be measured by following a straight line from the portion of the base of the proposed tower that is closest to the base of any pre-existing tower. For purposes of this subsection, a tower shall include any transmission tower for which the city has issued a building permit, or for which an application has been filed and not denied.

(2)

Height limitation. Transmission tower heights shall not exceed 199 feet. In no case shall a variance from this height limitation be granted.

(3)

Collocation. New transmission towers shall be designed to accommodate collocation of additional providers:

a.

New transmission towers of a height of 80 feet or more shall be designed to accommodate collocation of a minimum of two additional providers either outright or through future modification to the tower.

b.

New transmission towers of a height of at least 60 feet and no more than 80 feet shall be designed to accommodate collocation of a minimum of one additional provider either outright or through future modification to the tower.

(4)

Setbacks. The following setbacks from adjacent property lines and adjacent streets shall be required unless a variance is granted pursuant to the provisions of section 98-370:

a.

In the I-1 zoning district, the setback from adjacent public streets, private streets or adjacent properties lines shall be minimum of 25 feet.

b.

In all other zoning districts, transmission towers shall be set back from adjacent public streets, private streets or adjacent property lines a minimum of 50 feet from adjacent public streets.

(5)

Buffering. In all zoning districts, existing vegetation shall be preserved to the maximum extent possible. In the I-1 zoning districts, no buffering is required. In all other zoning districts, landscaping shall be placed completely around the transmission tower and ancillary facilities located at ground level except as required to access the facility. Such landscaping shall consist of evergreen vegetation with a minimum planted height of six feet placed densely so as to form a screen. Landscaping shall be compatible with other nearby landscaping and shall be kept healthy and well maintained.

(6)

Noise reduction. When the adjacent property is zoned for residential use or occupied by a dwelling, hospital, school, library, or nursing home, noise generating equipment shall be sound-buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 45 dB(A).

(7)

Lighting. No lighting shall be permitted on transmission towers except that required by the Federal Aviation Administration.

(8)

Color. The transmission tower and attached antennae shall be unpainted galvanized steel or painted neutral colors or such shades as are appropriate and compatible with the surrounding environment, as approved by the city.

(9)

Display. No signs, striping, graphics or other attention getting devices are permitted on the transmission tower or ancillary facilities except for warning and safety signage with a surface area of no more than three square feet. Such signage shall be affixed to a fence or ancillary facility and the number of signs is limited to no more than two.

(10)

Spacing of transmission towers from residential structures. Transmission towers shall be spaced from all residential structures at a minimum equal to 115 percent of the height of the transmission tower, measured from the base of the transmission tower to the nearest residential structure.

(Ord. No. 253, § 1(art. XI, § 8), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

All ancillary facilities shall comply with the standards of section 98-368(5) and (6).

(Ord. No. 253, § 1(art. XI, § 9), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

(a)

The city may grant a variance from the provisions of section 98-368(1) providing the applicant demonstrates that:

(1)

It is technologically impossible to locate the proposed tower on available sites more than 2,000 feet from a pre-existing transmission tower and still provide the approximate coverage the tower is intended to provide;

(2)

The pre-existing transmission tower that is within 2,000 feet of the proposed tower cannot be modified to accommodate another provider; and

(3)

There are no available buildings, light or utility poles, or water towers on which antennae may be located and still provide the approximate coverage the tower is intended to provide.

(b)

The city may grant a variance to the setbacks of section 98-368(4) upon finding that stealth design, proposed landscaping, configuration of the site, or the presence of mature trees obviates the need for compliance.

(c)

If the proposed transmission tower or ancillary facility requires site review or a specific City Council permit, the request for variance shall be considered as part of the site review or specific City Council use permit process. If the proposed transmission tower or ancillary facility is an outright permitted use, the request for a variance shall be process by the board of adjustment.

(Ord. No. 253, § 1(art. XI, § 10), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

(a)

All transmission towers and antennae shall be removed by the person who constructed the facility, by the person who operates the facility, or by the property owner within six months of the time that the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices. the city administrator may grant a six-month extension where a written request has been filed, within the initial six-month period, to reuse the tower or antennae.

(b)

The city may require the posting of an open ended bond before building permit issuance to insure removal of the transmission tower, substructure or antennae after the facility no longer is being used.

(Ord. No. 253, § 1(art. XI, § 11), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

Transmission towers, substructures and antennae must be maintained in compliance with the provisions of this article as well as all applicable municipal, state and federal regulations. Specifically, transmission towers, substructures and antennae shall be maintained in a manner that does not place the health, safety or welfare of the citizens of the city in jeopardy; this includes, but is not limited to, the requirement that all required landscaping is maintained in a healthy state, all telecommunication facility components are maintained in a good states of repair, that weathered transmission towers and substructures are repainted as needed and the transmission tower facility is kept free of trash or debris.

(Ord. No. 253, § 1(art. XI, § 12), 4-8-2004; Ord. No. 387, § 1, 12-8-2008)

(a)

The collocation application review fee shall be as prescribed in the most recent adopted fee schedule passed and approved by the City Council. The fee shall be non-refundable.

(b)

The tower construction application review fee shall be as prescribed in the most recent adopted fee schedule passed and approved by the City Council. The fee shall be non-refundable.

(c)

The fees noted in subsection (a) and (b) above are in addition to any necessary building permit, zoning or City Council use permit fees. Additionally any ordinance, code provision, rule or regulation to the contrary notwithstanding, the city administrator may require, as part of application fees for building or land use permits for telecommunication facilities, an amount sufficient to recover all of the city's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunications expertise. None of the fees required by this section are subject to refund.

(Ord. No. 253, § 1(art. XI, § 13), 4-8-2004; Ord. No. 387, § 1, 12-8-2008; Ord. No. 394, § 10, 2-12-2009)