This article shall be known and may be cited as the "Telecommunications Towers and Antennas Ordinance."

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18.0), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Purpose. The purpose of this article is to establish general guidelines for the siting of telecommunications towers and antennas, and the facilities whereon such towers or antennas are located.

(b)

Findings. The mayor and council recognize that the city is to provide for the siting of telecommunications towers and antennas pursuant to the mandates of the Telecommunications Act of 1996. While mandated to make such provisions, the mayor and council also recognize that telecommunications towers and antennas can negatively impact the aesthetic appearance of the city, and can reduce the property value of lots proximately located to such towers, particularly when they are sited adjacent to residential areas.

(c)

Goals. The goals of this article, therefore, are to:

(1)

Express the intent of the mayor and council that the construction of new towers be an option of last resort and, to the extent feasible, location of antennas on existing towers, building rooftops, and other suitable structures should first be sought;

(2)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

(3)

Encourage strongly the joint use of new and existing tower sites;

(4)

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

(5)

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

(6)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

(7)

Develop an inventory of existing sites with specific information about the load capacity of each existing site, remaining developable land area available at the site, and any terms or conditions of the lease which would affect the possibility of collocation at the site; and

(8)

Provide for the disposition of towers which are abandoned by all users, and set forth the time period within which the requirements would apply and responsibility for the removal of abandoned towers.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18.1), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Building inspector means the building inspector for the city.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Guy tower means a tower that is supported, in whole or in part, by guy wires and ground anchors.

Height, when referring to a tower, antenna, or other structure, means the distance measured vertically from the highest point when positioned for operation to the lowest point which is defined as the average ground elevation along the structure being measured at either roof or ground level, whichever is applicable. The height of a tower shall include the height of any antenna positioned for operation attached or which may be attached to the highest point on the tower.

Lattice or self-supporting tower means a tower that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors.

Monopole tower means a telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.

Preexisting towers and antennas means any tower, antenna, or monopole for which a permit has been properly issued prior to the effective date of the ordinance from which this article is derived.

Telecommunications facility means a telecommunications tower, a monopole tower, an antenna or any and all buildings, structures, or other supporting equipment used in connection with a telecommunications tower, a monopole tower, or an antenna.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers or guy towers. The term "tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like, but specifically excludes monopole towers.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-2), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

(a)

It shall be unlawful for any person to erect, repair, relocate, construct, or maintain within the city any telecommunications facility without first obtaining a conditional use permit in the manner set forth in this article or otherwise complying with the terms herein.

(b)

District height limitations. The requirements set forth in this article shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to such structures, as specified in each zoning district, shall not apply to antennas, monopoles and towers.

(c)

The guidelines set forth in this article shall control the installation of all antennas and the location of all towers governed by this article; provided, however, that the mayor and council may waive or vary the terms of these requirements during the conditional use permit application review process if it determines that the goals of this article are better served thereby. In considering a conditional use permit, the city may impose additional conditions to the extent the city concludes such conditions are necessary to minimize any adverse effect the proposed antenna or tower may have on adjoining properties.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-3), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Applications for conditional use permits to erect a telecommunications facility shall be made upon blanks provided by the building inspector, and shall contain or have attached thereto the following information:

(1)

Name, address and telephone number of the applicant;

(2)

Address of building, structure, or lot to which or upon which the telecommunications facility is to be attached or erected;

(3)

Name of the person, firm, corporation or association erecting the telecommunications facility;

(4)

Written consent of the owner of the building, structure, or land to which or upon which the telecommunications facility is to be erected;

(5)

A site plan showing existing vegetation to be removed from the site, and vegetation to be replanted to replace the vegetation that will be removed;

(6)

A certified statement prepared by an engineer licensed to practice in the state that the installation and operation of the antenna, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, or other telecommunications service enjoyed by adjacent properties; and

(7)

Written certification from the FAA, the FCC, and any appropriate state review authority stating that the proposed telecommunications facility complies with regulations administered by that agency or that the facility is exempt from those regulations. In particular, an applicant must submit written certification that all emissions from the antenna will comply with FCC frequency emissions standards and that the telecommunications facility has received written clearance from the FAA.

(b)

Each application for a conditional use permit for the installation of an antenna shall be accompanied by a permit fee. Each application for a conditional use permit for the construction of a tower or monopole shall be accompanied by a permit fee. The permit fee will be in an amount as established by the mayor and council from time to time.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-4), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

In addition to the information required to be submitted as set forth in section 42-479, applications for conditional use permits to install an antenna shall contain or have attached thereto three sets of accurate scale drawings including a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation including, but not limited to, the method of construction and attachment to the building or structure for the antenna. The plans for the antenna construction shall be certified by an independent registered structural engineer licensed in the state as meeting all current safety and design standards of all applicable federal, state, and city codes.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-5), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

In addition to the information required to be submitted as set forth in section 42-479, applications for conditional use permits to construct a tower shall contain or have attached thereto the following information:

(1)

Three sets of accurate scale drawings including a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation including, but not limited to, the method of construction and attachment to the ground for the tower. The plans for the tower construction shall be certified by an independent registered structural engineer licensed in the state as meeting all current safety and design standards of all applicable federal, state, and city codes, and shall show the location and dimensions of all improvements, including information concerning topography, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the city to be necessary to assess compliance with this article. In addition, the report from the structural engineer must contain:

a.

Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design. A cross section of the tower structure shall be included;

b.

Total anticipated capacity of the structure, including number and types of antennas which can be accommodated;

c.

Evidence of structural integrity of the tower structure; and

d.

Failure characteristics of the tower and demonstration that site and setbacks are of adequate size to contain debris;

(2)

An inventory of the applicant's existing telecommunications towers, antennas, or monopole towers that are either within the city or within one mile of the city limits, including specific information about the location, height, and design of each tower, antenna, or monopole. The city may share such information with other applicants applying for conditional use permits under this article or other organizations seeking to locate telecommunications towers, antennas or monopoles within the city; provided, however, that the city is not, by sharing such information, representing or warranting in any way that such sites are available or suitable for telecommunications towers, antennas or monopoles;

(3)

An inventory of existing telecommunications towers or monopoles which are owned by persons other than the applicant and are either within the city or within one mile of the city limits, including specific information about the location, height, and design of each facility. In preparing such an inventory, the applicant shall provide the following information:

a.

Identification of each existing facility by location, tax lot number, existing uses, and height of the facility;

b.

Whether such facility could structurally accommodate the proposed antenna without requiring structural changes be made to the facility. To enable the owner to respond, the applicant shall provide each such owner with the height, length, weight, and other relevant data about the proposed antenna;

c.

Whether each such facility could structurally accommodate the proposed antenna if structural changes were made, not including totally rebuilding the facility. If so, the owner of the facility shall specify in general terms what structural changes would be required, and the cost of such changes;

d.

If structurally able, whether shared use by such existing facility would be precluded for reasons related to radio frequency (RF) or electromagnetic interference. If so, the owner shall describe in general terms what changes in either the existing or proposed antenna would be required to accommodate the proposed antenna, if any; and

e.

If shared use is possible, the fee an owner of an existing facility would charge for such shared use. Shared use is not precluded because a reasonable fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared facility. The city may consider expert testimony to determine whether the fee and costs are reasonable. Costs exceeding the cost of development of a new telecommunications facility are presumed unreasonable.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-6), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

In addition to the information required to be submitted as set forth in section 42-479, applications for conditional use permits to construct a monopole tower shall contain or have attached thereto the following information:

(1)

Three sets of accurate scale drawings including a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation including, but not limited to, the method of construction and attachment to the ground for the monopole. The plans for the monopole construction shall be certified by an independent registered structural engineer licensed in the state as meeting all current safety and design standards of all applicable federal, state, and city codes, and shall show the location and dimensions of all improvements, including information concerning topography, monopole height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the city to be necessary to assess compliance with this article. In addition, the report from the structural engineer must contain:

a.

Total anticipated capacity of the structure, including number and types of antennas which can be accommodated; and

b.

Failure characteristics of the monopole tower and demonstration that site and setbacks are of adequate size to contain debris;

(2)

An inventory of the applicant's existing telecommunications towers, antennas, or monopole towers that are either within the city or within one mile of the city limits, including specific information about the location, height, and design of each tower, antenna, or monopole. The city may share such information with other applicants applying for conditional use permits under this article or other organizations seeking to locate telecommunications towers, antennas or monopoles within the city; provided, however, that the city is not, by sharing such information, representing or warranting in any way that such sites are available or suitable for telecommunications towers, antennas or monopoles;

(3)

An inventory of existing telecommunications towers, antennas, or monopoles which are owned by persons other than the applicant and are either within the city or within one mile of the city limits, including specific information about the location, height and design of each facility. In preparing such an inventory, the applicant shall provide the following information:

a.

Identification of each existing facility by location, tax lot number, existing uses, and height of the facility;

b.

Whether such facility could structurally accommodate the proposed antenna without requiring structural changes be made to the facility. To enable the owner to respond, the applicant shall provide each such owner with the height, length, weight, and other relevant data about the proposed antenna;

c.

Whether each such facility could structurally accommodate the proposed antenna if structural changes were made, not including totally rebuilding the facility. If so, the owner of the facility shall specify in general terms what structural changes would be required;

d.

If structurally able, would shared use by such existing facility be precluded for reasons related to RF or electromagnetic interference. If so, the owner shall describe in general terms what changes in either the existing or proposed antenna would be required to accommodate the proposed antenna, if any; and

e.

If shared use is possible, the fee an owner of an existing facility would charge for such shared use. Shared use is not precluded because a reasonable fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared facility. The city may consider expert testimony to determine whether the fees and costs are reasonable. Costs exceeding the cost of development of a new telecommunications facility are presumed unreasonable.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-7), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

(a)

The following factors shall be considered in determining whether to issue a conditional use permit to construct or install a telecommunications tower, antenna, or monopole:

(1)

Height of the proposed tower, antenna, or monopole;

(2)

Proximity of the tower, antenna, or monopole to residential structures and residential district boundaries, as measured from the base of the tower, monopole, or structure on which the antenna is located to the boundary of a residentially zoned lot;

(3)

Nature of uses on adjacent and surrounding properties;

(4)

Surrounding topography;

(5)

Whether the telecommunications facility has a solid opaque fence or solid vegetative buffer to screen the tower, antenna, monopole, or telecommunications facility completely to a height of six feet from adjacent properties and rights-of-way;

(6)

Design of the tower, antenna, or monopole, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

Proposed ingress and egress;

(8)

Whether the applicant meets the standards of this article and has complied with the conditions to obtain a conditional use permit as set forth in this article; and

(9)

Availability of suitable existing towers, monopoles and other structures for the placement of an antenna. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing telecommunications facility can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing facility can accommodate the applicant's proposed antenna shall include, but not be limited to, the following:

a.

No existing towers, monopoles or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing towers, monopoles or structures are not of sufficient height to meet the applicant's engineering requirements.

c.

Existing towers, monopoles or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause RF or electromagnetic interference with antennas on the existing structures, or the antenna on the existing tower, monopole or structure would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing facility or to adapt an existing facility for sharing are unreasonable. Costs exceeding new tower or monopole development are presumed to be unreasonable.

(b)

Procedure for issuance or denial of conditional use permit for location of antenna on existing building, structure, tower, or monopole.

(1)

The building inspector shall determine whether a conditional use permit for location of an antenna on an existing building, structure, tower or monopole should be issued or denied under the standards of this article within 45 days of the receipt of a complete application.

(2)

Any decision by the building inspector to deny a conditional use permit application for the location of an antenna on an existing building, structure, tower or monopole shall be in writing and supported by substantial evidence contained in a written record. The building inspector's decision to deny an application may be appealed to the city clerk by filing a written notice of appeal within ten days of the denial. Failure to file a notice of appeal within ten days of the denial shall constitute a waiver of the applicant's appeal rights.

(3)

The city clerk shall hold a hearing within 45 days of receipt of the notice of appeal. In the event the city clerk affirms the building inspector's decision to deny the application, the decision of the city clerk shall be in writing and supported by substantial evidence contained in a written record. The decision of the city clerk shall be final.

(c)

Procedure for issuance or denial of conditional use permit for tower or monopole. No conditional use permit for the construction of a tower or monopole shall be issued until the same shall have been submitted to the building inspector. The building inspector shall transmit his report either recommending approval or disapproval of a complete application within 60 days after referral to him. In addition to such recommendation for approval or disapproval, the building inspector may make suggestions as to conditions or limitations to be attached to any recommended approval. Upon receipt of the building inspector's report, or at the expiration of the 60-day period, the mayor and council shall place the application on the next available agenda and shall proceed to approve or deny the issuance of a conditional use permit In the event the mayor and council deny the application, the decision of the mayor and council shall be in writing and supported by substantial evidence contained in a written record. The decision of the mayor and council shall be final.

(d)

In granting a conditional use permit for the construction of a tower, antenna, or monopole, additional zoning conditions may be imposed to the extent necessary to buffer or otherwise minimize adverse effects of the proposed tower, antenna, or monopole on surrounding properties.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-8), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

(a)

No conditional use permit to construct a monopole or to locate an antenna on an existing building, structure, tower, or monopole shall be issued unless the location has been zoned commercial or industrial under the zoning laws of the city.

(b)

No conditional use permit to construct a tower shall be issued unless the location has been zoned industrial under the zoning laws of the city.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-9), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

A conditional use permit may be issued to erect, repair, construct, relocate or maintain an antenna on an existing building, structure, tower or monopole within the city, provided that:

(1)

The existing building, structure, tower or monopole is 50 feet in height or greater;

(2)

If an antenna is installed on an existing building or structure other than a tower, such antenna adds no more than 20 feet to the height of the existing building or structure;

(3)

No advertising is permitted on the antenna or telecommunications facility;

(4)

If an antenna is installed on a structure or building other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure or building so as to make the antenna and related equipment as visually unobtrusive as possible;

(5)

If an antenna is installed on an existing tower of any height, such antenna adds no more than 20 feet to the height of said existing tower;

(6)

The antenna is not artificially lighted unless required by the FAA, FCC, or other state or federal agency of competent jurisdiction for safety purposes. Where required, the building inspector shall review available lighting alternatives and approve the design which would cause the least disturbance to the surrounding views;

(7)

The antenna meets or exceeds current standards and regulations of the FAA, the FCC or such governing agency with the authority to regulate telecommunications towers and antennas. If such standards and regulations are changed, then the owner of the antenna shall bring such antenna into compliance with any revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Failure to comply with this provision shall be grounds for the city to require removal or re-permitting of the antenna at the owner's expense;

(8)

The antenna complies with all current safety, design, structural, and wind loading standards of applicable building and technical codes adopted by the city, so as not to endanger the health and safety of residents;

(9)

The antenna is equipped with an anti-climbing device to prevent unauthorized access;

(10)

The antenna is set back from any adjoining residentially zoned property a distance of 200 feet, as measured from the side of the existing building or structure which is closest to or facing the adjacent residential property to the boundary of a residentially zoned lot; and

(11)

The antenna is set back from all property lines a distance of 50 feet.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-10), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

A conditional use permit may be issued to erect, repair, construct, relocate or maintain a telecommunications tower within the city, provided that:

(1)

The tower is not greater than 150 feet in height; provided, however, that the mayor and council may allow a greater height if the applicant demonstrates that the purposes and goals as expressed herein are further met.

(2)

The tower maintains a galvanized steel finish or, subject to any applicable standards of the FAA, is painted a neutral color so as to reduce visual obtrusiveness.

(3)

No advertising is permitted on the tower or telecommunications facility.

(4)

The tower is not artificially lighted unless required by the FAA or other authority for safety purposes. Where required, the building inspector shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(5)

The tower and telecommunications facility uses materials, colors, textures, screening, and landscaping that will blend the tower and base facility to the natural setting and built environment.

(6)

The tower and telecommunications facility meets or exceeds current standards and regulations of the FAA, the FCC or such governing agency with the authority to regulate telecommunications towers and antennas. If such standards and regulations are changed, then the owner of the tower or telecommunications facility shall bring such tower or facility into compliance with any revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Failure to comply with this provision shall be grounds for the city to require removal or re-permitting of the antenna at the owner's expense.

(7)

The applicant demonstrates to the reasonable satisfaction of the city that no existing telecommunications facility can accommodate the applicant's proposed antenna.

(8)

The following setbacks and separation requirements are met:

a.

All towers, including but not limited to lattice towers and guy towers, must be set back from any property line abutting a residential district, as measured from the base of the tower, a distance of 500 feet. For a guyed structure, such setback shall be adequate to provide a vegetative, topographic, or other buffer sufficient to obscure view to the anchor from such adjoining properties;

b.

All towers and telecommunications facilities must have a front yard setback of 150 feet, and sufficient rear and side yard setbacks to fully contain the structure in the event of tower failure.

(9)

The tower and telecommunications facility is equipped with an anti-climbing device to prevent unauthorized access.

(10)

The tower complies with all current safety, design, structural, and wind loading standards of applicable building and technical codes adopted by the city, so as not to endanger the health and safety of residents.

(11)

The tower and telecommunications facility are designed to structurally accommodate the maximum number of additional users technically practical.

(12)

The following landscape buffer/screening requirements are met:

a.

Any tower or telecommunications facility which abuts a residentially zoned property shall have a minimum 50-foot landscaped, horizontal buffer that effectively screens the view of the tower and base facility from adjacent property. The buffer must include a solid opaque fence or solid vegetative buffer sufficient to screen the tower and base facility completely to a height of six feet from adjacent properties and rights-of-way. When topography and existing conditions allow, the required 50-foot horizontal buffer should be an undisturbed buffer; provided, however, the buffer may be crossed by an access drive of not greater than 12 feet in width;

b.

Any tower or telecommunications facility which abuts property zoned other than residential shall have a minimum 15-foot landscaped, horizontal buffer that effectively screens the view of the tower or base facility from adjacent property. The buffer must include a solid opaque fence or solid vegetative buffer sufficient to screen the tower and base facility completely to a height of six feet from adjacent properties and rights-of-way;

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Where towers or facilities are sited on wooded lots in excess of five acres, natural growth around the property perimeter may be a sufficient buffer;

d.

In locations where the visual impact of the tower or facility would be minimal, such as developed heavy industrial areas, the landscaping requirement may be reduced or waived.

(13)

The equipment at the tower or telecommunications facility is automated to the greatest extent possible to reduce traffic and congestion.

(14)

All access roads to the tower or telecommunications facility shall be constructed of dustless and durable Portland cement, concrete or asphaltic concrete complying with specifications established by the building inspector and maintained in a usable condition.

(15)

Principal, accessory and joint uses are as follows:

a.

Accessory structures used in direct support of a tower shall be allowed but not used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower, unless repairs to the tower are being made.

b.

Towers may be located on sites containing another principal use in the same buildable area. As long as all of the other siting, setback, separation, and general requirements of this article are met, towers may occupy a leased parcel on a site meeting the minimum lot size requirements for the zoning district in which it is located. When joint use of a lot is permitted, the city shall require the execution of a unity of title if two or more lots are utilized for setback purposes or to prohibit the unlawful division of a lot containing a tower and another principal use. The minimum distance between a tower and other principal use located on the same lot shall be the lesser of 100 percent breakpoint of the tower or 150 feet. This separation is required to assure compatibility of land uses and to provide for the health, safety, and welfare of individuals and structures occupying the same site.

c.

Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-11), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

A conditional use permit may be issued to erect, repair, construct, relocate or maintain a monopole tower within the city, provided that:

(1)

The monopole tower is not greater than 60 feet in height; provided, however, that the mayor and council may allow a greater height if the applicant demonstrates that the purposes and goals as expressed herein are further met.

(2)

The monopole tower is made of wood or, if made of steel, the monopole maintains a galvanized steel finish or, subject to any applicable standards of the FAA, is painted a neutral color so as to reduce visual obtrusiveness.

(3)

No advertising is permitted on the monopole tower.

(4)

The monopole tower is not artificially lighted unless required by the FAA or other governmental authority for safety purposes. Where required, the building inspector shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(5)

The monopole tower meets or exceeds current standards and regulations of the FAA, the FCC, and any other governmental agency with the authority to regulate telecommunications facilities. If such standards and regulations are changed, then the owner of the monopole shall bring such monopole into compliance with any revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Failure to comply with this provision shall be grounds for the city to require removal or re-permitting of the antenna at the owner's expense.

(6)

The applicant demonstrates to the reasonable satisfaction of the city that no existing telecommunications facility can accommodate the applicant's proposed antenna.

(7)

The following setbacks and separation requirements are met:

a.

All monopole towers must be set back from any adjoining residentially zoned property a distance of 200 feet.

b.

All monopole towers must have a front yard setback of 60 feet and sufficient rear and side yard setbacks to fully contain the structure in the event of monopole failure.

c.

Monopole towers over 40 feet in height shall not be located within one-quarter mile from any existing telecommunications tower or monopole that is over 50 feet in height.

(8)

The monopole tower is equipped with an anti-climbing device to prevent unauthorized access.

(9)

The monopole tower complies with all current safety, design, structural, and wind loading standards of applicable building and technical codes adopted by the city, so as not to endanger the health and safety of residents.

(10)

Accessory or principal uses are as follows:

a.

Accessory structures used in direct support of a monopole shall be allowed but not used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a monopole shall not be stored or parked on the site of the monopole, unless repairs to the monopole are being made.

b.

Monopoles may be located on sites containing another principal use in the same buildable area. As long as all of the other siting, setback, separation, and general requirements of this article are met, monopoles may occupy a leased parcel on a site meeting the minimum lot size requirements for the zoning district in which it is located. When joint use of a lot is permitted, the city shall require the execution of a unity of title if two or more lots are utilized for setback purposes or to prohibit the unlawful division of a lot containing a monopole and another principal use. The minimum distance between a monopole and other principal use located on the same lot shall be the greater of 60 feet or the 100 percent breakpoint of the monopole. This separation is required to assure compatibility of land uses and to provide for the health, safety, and welfare of individuals and structures occupying the same site.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-12), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Tower, antenna or monopole owners shall provide written evidence that each telecommunications tower, antenna or monopole is in compliance with all federal requirements, including, but not limited to, the FCC frequency emissions standards. Evidence of such compliance shall be submitted annually by the tower or antenna owner.

(b)

To ensure the structural integrity of towers, antennas, and monopoles, the owner shall ensure that it is maintained in compliance with standards contained in applicable building codes and the applicable standards for towers, antennas, and monopoles that are published by the Telecommunications Industry Association, as amended from time to time. Tower, antenna, and monopole owners shall conduct annual inspections to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in the state. The results of such inspection shall be provided to the building inspector no later than February 1 of each year.

(c)

The building inspector shall have the right in the discharge of his official duties to enter upon and inspect any telecommunications facility located within the city.

(d)

If, upon inspection or upon receipt of an engineer's report submitted pursuant to this section, the building inspector determines that a telecommunications facility fails to comply with the city's building and technical codes or with the requirements of this article, then, upon written notice being provided to the owner of such facility, the owner shall have 45 days to bring the facility into compliance with this article. If the owner fails to bring the telecommunications facility into compliance within said 45 days, the city may proceed with the removal of such facility pursuant to the provisions of the city's building code and place a lien upon the property for the costs of such removal.

(e)

If, upon inspection or upon receipt of an engineer's report submitted pursuant to this section, the building inspector determines that a telecommunications tower, antenna or monopole has not been utilized for a continuous period of 12 months, such tower, antenna or monopole shall be considered abandoned, and the owner shall remove the same within 90 days of receipt of written notice from the city notifying the owner of such abandonment. If the tower, antenna or monopole is not removed within said 90 days, the city may proceed with the removal of such facility pursuant to the provisions of the city's building code and place a lien upon the property for the costs of such removal. If there are two or more users of a single facility, this provision shall not become effective until all users cease using the tower or monopole for a period of 12 months.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-13), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

Any preexisting antenna, tower, or telecommunications facility which does not meet the requirements of this article for a conditional use permit shall be considered nonconforming and subject to the nonconforming use provisions of this chapter; provided, however, that the installation of a new antenna on a preexisting tower or monopole shall not constitute the expansion of a nonconforming use provided that the new antenna adds no more than 20 feet to the height of the preexisting tower or monopole.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-14), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

The construction of a new tower or monopole or the installation of a new antenna shall be deemed to constitute the expansion of a nonconforming use or structure; provided, however, that this section shall not apply to the installation of a new antenna on a preexisting tower or monopole.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-15), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

(a)

A single antenna under 70 feet in height owned and operated by a federally licensed amateur radio station operator shall be exempted from the provisions of this article. The owner or operator of such antenna, however, shall be required to comply with all applicable city, state and federal codes.

(b)

This article shall not apply to the installation, maintenance, or use of:

(1)

A satellite earth station antenna that is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted; or

(2)

A satellite earth station antenna that is one meter or less in any area.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-16), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)

Any person found in violation of any of the provisions of this article shall be subject to a fine not to exceed $500.00 per day. A separate offense shall be deemed committed each day during or upon which a violation occurs or is permitted to continue.

(Code 1994, § 110-1; Ord. No. 96-06, § 1(18-17), 11-11-1996; Ord. No. 02-02, § 1, 5-13-2002)