COMMUNICATION TOWER: A tower, pole or similar structure which supports a telecommunications antenna aboveground in a fixed location, guyed or on a building. Communication towers shall include, but not be limited to, tower structures including monopole, lattice or other structures designed or intended to support wires, transmission or receiving antennas, lights or other electronics, microwave, radio, television, line of sight relay devices or similar technology.

COMMUNICATION TOWER HEIGHT: The distance from the base of the tower to the top of the structure, including the antenna. (Ord. 05-08, 8-15-2005)

Communications towers are subject to the following requirements:

   A.   In all locations, towers shall be subject to airport zoning regulations. (Ord. 05-08, 8-15-2005)

   A.   General: A tower may be constructed if it meets the general site requirements as herein established, is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, or radio frequency interference.

   B.   Setback: A tower structure shall be no closer to any public right of way or property line than a distance equivalent to twenty percent (20%) of the height of the structure, including accessories or antenna mounted atop the structures. Said distance shall be measured from the street right of way line and from all property lines of the proposed site to the center of the structure's base. A tower structure less than the minimum setback distance specified above may be permitted provided the tower is designed to be a breakaway tower where the breakaway point would not exceed the setback limitation. All proposals will be required to include engineer certified collapse range specifications.

   C.   Access: All tower structures shall be protected from unauthorized access by a nonclimbable security fence no less than six feet (6') in height. (Ord. 05-08, 8-15-2005)

Antennas or towers located on public property owned and controlled by the city are exempt from the requirement to obtain a special use permit under this chapter, provided all other site location criteria stipulated herein have been met and authorization for said antenna or tower has been granted by the city council. (Ord. 05-08, 8-15-2005)

This chapter shall not govern any tower, or the installation of any antenna, that is under seventy five feet (75') in height and is owned and operated by a federally licensed amateur radio station operator or is exclusively for receive-only antennas. (Ord. 05-08, 8-15-2005)

Any tower or antenna for which a permit has been properly issued prior to the effective date hereof shall not be required to meet the requirements of this chapter, other than the requirements of the FAA and FCC unless the communication towers, antennas and mechanical appurtenances are replaced or upgraded. Any such towers or antennas shall be referred to in this chapter as "preexisting towers" or "preexisting antennas". (Ord. 05-08, 8-15-2005)

Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development 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 antenna or tower may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. (Ord. 05-08, 8-15-2005)

Any tower or antenna that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the city notifying the owner of such abandonment. If said antenna or tower is not removed within said ninety (90) days, the city may remove such antenna or tower at the owner's expense. If there are two (2) or more users on a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 05-08, 8-15-2005)

   A.   Purpose: The purpose of this section is to limit the height of structures allowed within the city and to protect the general health, safety, welfare, privacy and property value of the citizens of the city.

   B.   Application Process: All applicants who wish to locate or update a communications antenna or tower on city owned or private property must submit to the zoning administrator the following documents, if applicable, accompanied by a fee of one hundred twenty dollars ($120.00):

      1.   Two (2) copies of typical specifications for proposed structures and antennas, including description of design characteristics and material.

      2.   A site plan drawn to scale with a legal description showing property lines, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan and existing land uses on adjacent properties.

      3.   A current map, or update for an existing map on file, showing locations of applicant's antennas, facilities, existing towers which are reflected in public records, serving any property within the city.

      4.   A report from a structural engineer showing the tower and antenna capacity by type and number, and a certification that the tower and antenna are designed to withstand winds in accordance with ANS/EIA/TIA 222, latest revision, standards.

      5.   Identification of the owners of all antennas and equipment to be located on the site.

      6.   Written authorization from the site owner for the installation of the equipment.

      7.   Evidence that a valid FCC license for the proposed activity has been issued.

      8.   A written agreement to remove the tower and/or antenna within ninety (90) days after cessation of use.

   C.   Conditions: Applicant must also show evidence that all of the following conditions which are applicable are met:

      1.   Applicant must provide the names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-half (1/2) mile radius of the proposed new tower site, including city owned property, and must also provide: a) written documentation that the applicant made diligent but unsuccessful efforts for a minimum of forty (40) days prior to the submission of the application to install or collocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by the city and other persons located within a one-half (1/2) mile radius of the proposed tower site, or b) written technical evidence from an engineer that the proposed tower or facilities cannot be installed or collocated on another person's tower or support structure within a one-half (1/2) mile radius of the proposed tower and must be located at the proposed site in order to meet the coverage requirements of the applicant's communications system.

      2.   Applicants must show that a new tower is designed to accommodate additional antennas equal in number to applicant's present and future requirements.

      3.   Applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.

      4.   Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the zoning administrator a written indemnification of the city and proof of liability insurance or financial ability to respond to claims up to two million five hundred thousand dollars ($2,500,000.00) in aggregate which may arise from operation of the facility during its life, at no cost to the city, in form approved by the city attorney.

      5.   Land use regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations, except setback and height, shall apply to the use. Setback on all sides shall be a distance equal to twenty percent (20%) of the height of the structure, including accessories or antenna mounted atop the structures. The following height and location conditions apply:

         a.   Service Commercial/Limited Industrial (M-1): Freestanding or guyed tower with height not exceeding one hundred feet (100') is a permitted principal use; height exceeding one hundred feet (100') requires a special use permit from the board of adjustment.

         b.   Agricultural (A-1) And Heavy Industrial (M-2): Freestanding or guyed towers are a permitted principal use. The height is restricted by the FAA and FCC requirements. (Ord. 05-08, 8-15-2005)