The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of these provisions are to:

1.   Purpose.

   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 new and existing tower sites as a primary option rather than 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 on the community is minimal;

   F.   Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

   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 health and safety of communication towers; and

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

In furtherance of these goals, the City shall give due consideration to the master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

2.   Applicability. The provisions of this chapter shall apply to the following:

   A.   All new towers or antennas constructed or placed in City shall be subject to these regulations, except as provided in Paragraphs B-D shown below.

   B.   This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

   C.   Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of Sections 170.59(8) and 170.59(9).

   D.   For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground systems which function as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

3.   Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

4.   Lot Size. 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 antennas or towers may be located on leased parcels within such lot.

5.   Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Building and Zoning Enforcement Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of City or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Building and Zoning Enforcement Officer may share such information with other applicants applying for administrative approvals or special use permits under this Zoning Code or other organizations seeking to locate antennas within the jurisdiction of City, provided, however that the Building and Zoning Enforcement Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

6.   Aesthetics. Towers and antennas shall meet the following requirements:

   A.   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

   B.   At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

   C.   If an antenna is installed on a structure 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 so as to make the antenna and related equipment as visually unobtrusive as possible.

7.   Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

8.   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 or 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 section 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.

9.   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, the City concludes 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

10.   Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and County jurisdictional boundaries.

11.   Non-Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, such as, but not limited to public utilities or private utilities.

12.   Filing of Franchises. Owners or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in City have been obtained and shall file a copy of all required franchises with the Building and Zoning Enforcement Officer.

13.   Additional Public Notice Required. For purposes of this section, any special use request, variance, or other request, shall be accompanied by a public notice which shall be given to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Section 170.59(20)(I)(2), Table 2, in addition to any notice otherwise required by this Code.

14.   Signs. No advertising signs shall be allowed on an antenna or tower.

15.   Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 170.59(21).

16.   Multiple Antenna/Tower Plan. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

17.   Permitted Uses. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. The following uses are specifically permitted:

   A.   Antennas or towers located on property owned, leased, or otherwise controlled by the City, provided a license or lease authorizing such antenna or tower has been approved by City.

18.   Administratively Approved Uses. The following provisions shall govern the issuance of administrative approvals for towers and antennas.

   A.   The Planning and Zoning Commission and the Council shall consider requests for the siting of towers or antennas and the uses listed in this section, following the procedures of the site plan review process, see Section 170.57.

   B.   Each tower or antenna siting applicant applying for administrative approval shall apply to the Building and Zoning Enforcement Officer providing the information and application fee as set forth in the site plan review process, see Section 170.57.

   C.   The Building and Zoning Enforcement Officer shall review the application for administrative approval and determine if the proposed use complies with the requirements of this Code.

   D.   In connection with the consideration of any tower or antenna siting proposal, any zoning district setback requirements may be waived by up to 50 percent, if shared siting and uses are presented for the City’s consideration.

   E.   In connection with any such approval, and in order to encourage the use of mono-poles, the reconstruction of an existing tower to mono-pole construction may be allowed.

19.   List of Approved Locations and Uses. The following locations and uses may be considered for siting:

   A.   Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, may be considered in any A-1, RR, C-3, I-1, or I-2 zoning districts.

   B.   Locating antennas on existing structures or towers in accordance with the following:

      (1)   Any antenna which is not attached to a tower may be approved by the Building and Zoning Enforcement Officer as an accessory use to any commercial or industrial structure, provided:

         a.   The antenna does not extend more than 30 feet above the highest point of the structure.

         b.   The antenna complies with all applicable FCC and FAA regulations.

         c.   The antenna complies with all applicable building codes.

      (2)   An antenna which is attached to an existing tower may be approved by the Building and Zoning Enforcement Officer without further site plan review by the Planning and Zoning Commission and the Council, and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

         a.   A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Building and Zoning Enforcement Officer allows reconstruction as a mono-pole.

      (3)   Height.

         a.   An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower’s existing height, to accommodate the collocation of an additional antenna.

         b.   The height change referred to in Section 170.59(19)(C) above may only occur one time per communication tower.

         c.   The additional height referred to in Section 170.59(19)(B)(3)(a) above shall not require any additional distance separation as set forth herein. The tower’s pre-modification height shall be used to calculate such distance separations.

      (4)   Onsite Location.

         a.   A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.

         b.   After a tower is rebuilt to accommodate collocation, only one tower may remain on the site.

         c.   A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Section 170.59(20)(I). The location of a tower hereunder shall in no way be deemed to cause a violation of Section 170.59(20)(I).

         d.   The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 170.59(20)(I) shall only be permitted when approved by the Council.

   C.   Installing a cable microcell network through the use of multiple low-powered transmitters or receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

20.   Special Exceptions Required. The following provisions shall govern the considerations of granting special exceptions for towers or antennas by the Board of Adjustment:

   A.   If the tower or antenna is not a permitted use or permitted to be approved administratively pursuant to this chapter, then a special exception shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

   B.   Applications for special exceptions under this section shall be subject to the procedures and requirements of Section 170.34(8) of the Zoning Code, except as herein.

   C.   In granting a special exception, the Board of Adjustment may impose conditions to the extent the Board of Adjustment concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

   D.   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

   E.   In addition to the information required for the submittal of a special exception contained within Section 170.34(8), an applicant for a special exception concerning the siting of a tower and/or antenna shall submit the following information:

      (1)   A scaled site plan clearly indicating the location, type, and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities or the County), land use plan classification of the site, and all properties within the applicable separation distances set forth in Section 170.59(20)(I), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Building and Zoning Enforcement Officer to be necessary to assess compliance with this Zoning Code.

      (2)   Legal description of the parent tract and leased parcel (if applicable).

      (3)   The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and un-platted residentially zoned properties.

      (4)   The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 170.59(20)(E) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner or operator of the existing tower(s), if known.

      (5)   A landscape plan showing specific landscape materials.

      (6)   Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

      (7)   A description of compliance with Sections 170.59(20)(E) -170.59(20)(I) and all applicable federal, State, or local laws.

      (8)   A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

      (9)   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

      (10)   A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures, to provide the services to be provided through the use of the proposed new tower.

      (11)   A description of the feasible location(s) of future towers or antennas within the City based upon existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.

   F.   Factors Considered in Granting Special Exceptions for Towers. In addition to any standards for consideration of special exception applications pursuant to Section 170.34, the Board of Adjustment shall consider the following factors in determining whether to issue a special exception, although the Board of Adjustment may waive or reduce the burden on the applicant of one or more of these criteria if the Board of Adjustment concludes that the goals of this Code are better served thereby:

      (1)   Height of the proposed tower.

      (2)   Proximity of the tower to residential structures and residential district boundaries;

      (3)   Nature of uses on adjacent and nearby properties;

      (4)   Surrounding topography;

      (5)   Surrounding tree coverage and foliage;

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

      (7)   Proposed ingress and egress; and

      (8)   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 170.59(20)(G) below of this ordinance.

   G.   Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Adjustment that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information requested by the Board of Adjustment related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:

      (1)   No existing towers or structures are located within the geographic area which meet applicant’s engineering requirements.

      (2)   Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.

      (3)   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

      (4)   The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.

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

      (6)   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

      (7)   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters or receivers attached to a wire-line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

   H.   Setbacks. The following setback requirements shall apply to all towers for which a special exception is required; provided, however, that the Board of Adjustment may reduce the standard setback requirements if the goals of this chapter would be better served thereby:

      (1)   Towers must be set back a distance equal to 100 percent of the height of the tower from any adjoining lot line.

      (2)   Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

   I.   Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Board of Adjustment may reduce the standard separation requirements if the goals of this chapter would be better served thereby:

      (1)   Tower separation from off-site uses or designated areas shall be measured from the base of the tower to the lot line of the off-site uses or designated areas and shall comply with the minimum standards as specified in Table 1, except as otherwise provided in Table 1.

 

 

   J.   Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Board of Adjustment may waive such requirements, as it deems appropriate.

   K.   Landscaping. All applicants shall abide by these landscaping requirements, or those found in Section 170.61, whichever is greater, provided, however, that the Board of Adjustment may waive such requirements if the goals of this chapter would be better served thereby.

      (1)   Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

      (2)   Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

21.   Buildings or Other Equipment Storage.

   A.   Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

      (1)   The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 15 feet in height, shall be located on the ground and shall not be located on the roof of the structure.

      (2)   Equipment storage buildings or cabinets shall comply with all applicable building codes.

   B.   Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

      (1)   In residential districts, the equipment cabinet or structure may be located in a rear or side yard provided the cabinet or structure is no greater than eight feet in height or 100 square feet of gross floor area. The cabinet or structure shall be screened by an evergreen hedge with an ultimate height of at least 42 - 48 inches and a planted height of at least 36 inches. Placement of the cabinet or any screening must not interfere with the ability of drivers of vehicles to see at intersections (the vision clearance area).

      (2)   In commercial or industrial districts, the equipment cabinet or structure shall be no greater than eight feet in height or 100 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence four feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

   C.   Antennas Located on Towers. The related unmanned equipment structure shall not contain more than 100 square feet of gross floor area or be more than eight feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

   D.   Modification of Building Size Requirements. The requirements of Sections 170.59(21)(A) – 170.59(2)(C) above may modified by the Planning and Zoning Commission or Council, in the case of permitted uses, or by the Board of Adjustment, in the case of uses permitted by special exception to encourage collocation.

22.   Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

23.   Nonconforming Uses.

   A.   Not Expansion of Nonconforming Use. 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.

   B.   Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.