(Ordinance 11-024 adopted 9-20-11; 2008 Code, sec. 14.02.381; Ordinance 14-02, sec. II(C), adopted 4-14-14; Ordinance 2019-9, ex. A, adopted 2-19-19; Ordinance 2020-35 adopted 7-21-20; Ord. No. 2021-20, § 1, 4-20-2021; Ord. No. 2021-30, § 1, 7-20 -2021; Ord. No. 2022-49, § 1, 10-18-2022; Ord. No. 2023-16, § 2, 5-16-2023; Ord. No. 2024-39, § 1, 9-17-2024; Ord. No. 2025-12, § 2, 5-20-2025)

(a)

Temporary uses.

(1)

Uses that are temporary in nature shall require a specific use permit for the duration of the use, regardless of whether they are the primary use of the site.

(2)

The specific duration of the use shall be determined during the specific use permit process.

(3)

Temporary uses are characterized by such activities as the sale of agricultural/floral products, Christmas tree sales, fireworks, carnivals, flea markets, clothing, shoe or accessory tents and special events not included under article 1.10, division 2 (parades) but is not intended to include those structures used to house contracting office(s) during temporary construction phases.

(4)

A continuous specific use permit is necessary for any duration of more than six weeks, whether such use is daily, weekly, or monthly.

(b)

Antenna, tower, and/or alternative tower structures. Antennas, towers and alternative tower structures, other than receive-only antennas, are permitted only in the B-3 or I-1 zoning districts and only if the minimum requirements as established herein are met, or any other applicable requirements of the specific use permit, if so required:

(1)

Purpose and goals. The purpose of this section is to establish regulations for the placement of towers and antennas on public and private property. The goals of this section are to:

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(2)

Application requirements.

(A)

The proponent of a new tower site other than a radio, television or microwave broadcasting or transmission facility shall provide the following documentations for review by the development department:

(i)

Inventory of existing sites. Each applicant for one or more towers shall provide to the development department an inventory of its existing towers, including specific information about the location, height, and design of each tower. The development department shall maintain an inventory of existing towers, including specific information about the location, height, and design of each tower. The city may share such information with other persons, organizations or governmental authorities to locate antennas within the city;

(ii)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the development department that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted may consist of the following:

a.

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

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength;

d.

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;

e.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs below new tower development are presumed reasonable;

f.

Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs;

g.

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

h.

Site plan. Each applicant requesting a permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information necessary to assessment of compliance with this article.

i.

Prior to the installation of any building/roof-mounted telecommunications antenna, antenna array or support structure the city building official may require an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment.

(3)

Residential setback. Towers must be set back a distance equal to the height of the tower from any off-site residential structure and shall not be placed within the minimum yard setback requirement in the zoning district in which they are located.

(4)

Yard setback. Towers and accessory facilities must satisfy the minimum yard setback requirements for the zoning district in which they are located.

(5)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height, shall be equipped with an appropriate anti-climbing device, and shall be screened and landscaped from view.

(6)

Signage. Except as otherwise permitted in this article, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches (1290 square cm) shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable law.

(7)

Lighting. Except as otherwise permitted in this article, no signals, lights or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA or other appropriate public authority.

(8)

Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted sky blue or gray, so as to reduce visual obtrusiveness. 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 the tower facilities to the natural setting and built environment. 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.

(9)

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with 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.

(10)

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 local building codes and the applicable standards for tower that are published by the Electronic Industries Association (EIA-222), as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance. If the owner fails to bring such tower into compliance within the said 30 days, the city may remove such tower or cause such tower to be removed at the owner's expense.

(11)

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 of tower shall remove same within 90 days of receipt of notice from the city notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the city may cause such antenna or tower to be removed 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.

(12)

Refusal to grant request. Rejection of an application for a permitted use request for an antenna, tower or alternative tower structure by the development department shall require the proponent to submit a zoning case for a specific use permit in accordance with division 12 of this article or by appeal to the board of adjustment.

(1972 Code, sec. 30.701; 2008 Code, sec. 14.02.382)