Antenna array means one (1) or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include an omni directional antenna (rod), a directional antenna (panel) and a parabolic antenna (disc). The antenna array does not include the support structure defined below.

Attached wireless communications facility (attached WCF) means antenna array attached to an existing building or structure which shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device that attaches the antenna array to the existing building or structure and associated connection cables, and any equipment facility which may be located either inside or outside the attachment structure.

Collocation or site sharing means use of a common WCF or common site by two (2) or more wireless license holders or by one (1) wireless license holder for more than one (1) type of communications technology or placement of a WCF on a structure owned or operated by a utility or other public entity.

Development standards. As used in this article development standards shall mean those standards set forth in section 36-593 of this article.

Director means the director of the department of planning and development.

Equipment facility means any structure used to contain ancillary equipment for a WCF that includes cabinets, shelters, cable ice bridge, a build-out of an existing structure, pedestals, and other similar structures.

FAA means the Federal Aviation Administration.

FCC means the Federal Communication Commission.

FTA means the Federal Telecommunications Act of 1996.

Height. When referring to a WCF, height shall mean the distance measured from ground level to the highest point on the WCF, including the antenna array; excluding the lightning rod and any required light or beacon.

Primary use area is the footprint of the WCF site which includes but may not be limited to the concrete pad or graveled surface, equipment facility, support structure and fence.

Review process. As used in this article, review process shall mean those processes set forth in section 36-594 of this article.

Setback means the required distance from the WCF to the property lines of the parcel on which the WCF is located.

Stealth technology means systems, components and materials used in the construction of WCF which are designed to mask or conceal the WCF to make it compatible with the surrounding property.

Support structure means a structure designed and constructed specifically to support an antenna array, and may include a monopole, rooftop or ground-mounted tower and other similar structures. Self supporting (lattice) or guy-wire supported towers shall be permitted as support structures only if approved by the planning commission through a tower use permit. Any device used to fasten an attached WCF to an existing building or structure shall be excluded from the definition of and regulations applicable to support structures.

Temporary wireless communication facility (temporary WCF) means a WCF to be placed in use for ninety (90) or fewer consecutive days at the same location.

Tower use permit (TUP) means a permit issued by the city specifically for the location, construction and use of a WCF subject to an approved site plan and special conditions determined by the planning commission to be appropriate under the provisions of this article.

Wireless communications means any personal wireless service as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

Wireless communication facility (WCF) means any unstaffed facility for the transmission or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.

(Ord. No. 17,664, § 1, 1-20-98; Ord. No. 18,173, § 1, 12-20-99; Ord. No. 18,682, § 1(m)—(o), 5-21-02)

(a)

The purpose of this article is to establish general guidelines for the siting of WCF.

(b)

The goals of this article are to:

(1)

Provide a range of locations for WCF in all zones unless otherwise prevented by law.

(2)

Within each zoning district, provide clear performance standards addressing the siting of WCF.

(3)

Encourage the location of WCF on existing structures, including utility poles, signs, water towers, buildings and other WCF where feasible.

(4)

Encourage collocation and site sharing of new and existing WCF.

(5)

Facilitate the use of public property and structures for WCF.

(6)

Streamline and expedite permitting procedures to effect compliance with the Federal Telecommunications Act of 1996.

(7)

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

(8)

Protect residential areas from the uncontrolled development of WCF by requiring reasonable siting conditions.

(Ord. No. 17,664, § 1, 1-20-98)

(a)

Pre-existing WCF. WCF for which a permit has been issued prior to the effective date of this article shall not be required to meet the requirements of this article as further specified in section 36-598 of this article.

(b)

Relationship to other ordinances. This article shall supersede all conflicting requirements of other code provisions and ordinances regarding the locating and permitting of WCF.

(Ord. No. 17,664, § 1, 1-20-98)

(a)

Height standards.

(1)

Attached WCF. Antenna arrays for attached WCF are exempt from the setback provisions of the zone in which they are located. Equipment not placed within or on the attachment structure must meet setback requirements for the underlying zone. An attached WCF antenna array may extend up to thirty (30) inches horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

(2)

WCF with support structures. WCF with support structures shall have a maximum height of one hundred fifty (150) feet in all zones.

(b)

Setback standards.

(1)

Attached WCF. Antenna arrays for attached WCF are exempt from the setback provisions of the zone in which they are located. Equipment not placed within or on the attachment structure must meet setback requirements for the underlying zone. An attached WCF antenna array may extend up to thirty (30) inches horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

(2)

WCF with support structures. WCF with support structures shall meet the setback requirements for principle structures of the underlying zone in which they are located.

(3)

WCF with support structures abutting residential property. In the case of a WCF with support structure which is to be placed on property which abuts a residential property on any side, the support structure shall be set back a distance at least the height of the support structure. That setback will be measured from the face of the base of the support structure to the property line of the abutting residential property. The equipment facility shall meet as a minimum the setback requirements of the underlying zone.

(c)

Landscaping and screening

(1)

All existing and new WCF shall be screened and landscaped as follows:

a.

All WCF subject to this section shall contain a permanent six-foot landscape strip parallel with all sides of the primary use area and outside of the opaque fence but within the lease area, except for a space for ingress and egress to the primary use area.

b.

An eight-foot opaque fence shall be constructed, finished side facing outward, around the primary use area to provide screening and a background for required landscaping within the six-foot landscape strip.

c.

The opaque fence shall also satisfy the security fence requirement of subsection (f).

d.

The landscape strip on each side of the primary use area shall be planted with two (2) trees of a two-inch caliper which will grow to a spacing of fifteen (15) feet which will grow to a minimum twenty (20) feet in height at maturity. Each landscape strip shall also be planted with evergreen shrubs of thirty (30) inches height at planting, with a maximum spacing of forty-eight (48) inches on center and which will grow to a minimum height of sixty (60) inches at maturity.

(2)

Existing mature trees shall be retained within the six-foot landscape strip and all leased or owned areas outside the primary use area except for reasonable ingress and egress.

(3)

Existing vegetation within a WCF site may be used in lieu of required landscaping when approved by the planning commission for TUP applications or by staff in other WCF applications.

(4)

The permanent six-foot landscape strip required by this section shall be maintained in such a manner as to assure that vegetation grows to mature height. Any planting within the strip shall be replaced if dead or diseased. Replacement vegetation shall be the minimum number, type and size required in this section.

(5)

All applications for new or amended WCF shall include a detailed landscape plan for placement and maintenance. The use of existing vegetation within the WCF site shall be noted on the plan as to how it will fulfill the requirements of this article.

(6)

Existing WCF shall be landscaped and screened in accordance with this section within thirty (30) days of the effective date of this section [May 21, 2002] unless compliance is deferred by the planning commission through the TUP process because the WCF is not currently located within one hundred (100) feet of any occupiable structure. Provided, however, the WCF shall be landscaped and screened in accordance with this article within ninety (90) days of final inspection for any occupiable structure subsequently constructed within one hundred (100) feet of the WCF.

a.

In such cases where the planning commission has granted a deferral of the landscape and/or screening requirements of this article, the planning commission may modify the deferral or impose the landscape and screening requirements if, in the future, a major change in circumstances occurs.

b.

For purposes of this section, a "major change in circumstance" means that:

1.

The area within two hundred (200) feet of the boundaries of the WCF tower site has developed to the point that there is a virtually unobstructed view of the tower site from any adjoining occupiable residential structure or from public property or right-of-way, and

2.

The City has received a complaint from the owner of an occupiable structure located within two hundred (200) feet of the tower site that the site has insufficient landscaping or screening in place; and

3.

The City has requested that the parties resolve the issue by agreeing to certain screening or landscaping requirements consistent with section 36-593 which can be granted administratively by the director of planning and development, but no agreement has been reached, or sufficient additional space around the site has been acquired to meet the landscaping, setback and screening requirements of section 36-593.

(d)

Aesthetics, placement, materials and colors. WCF shall be designed so as to be compatible with the existing structures and surroundings to the extent feasible, including placement in a location which is consistent with proper functioning of the WCF, the use of compatible or neutral colors, or stealth technology.

(e)

Lighting and signage.

(1)

WCF shall not be artificially illuminated, directly or indirectly, except as may be required by state or federal law, and except for:

(a)

Security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site; and

(b)

Such illumination of the WCF as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences.

(2)

WCF shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers.

(f)

Security fencing. WCF with support structures shall be enclosed by a security fence not less than eight (8) feet in height. Security features may be incorporated into the buffer, landscaping and screening requirements for the site. Nothing herein shall prevent security fencing which is necessary to meet requirements of state or federal agencies.

(g)

Radio frequency emissions.

(1)

The FTA gives the FCC sole jurisdiction of the regulation of radio frequency (RF) emissions, and WCF which meet the FCC standards shall not be conditioned or denied on the basis of RF impact.

(2)

In order to provide information to its citizens, copies of ongoing FCC information concerning WCF and RF emission standards may be requested. Applicants for WCF shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards.

(3)

No sound emissions such as alarms, bells, buzzers or the like are permitted.

(h)

Structural integrity. WCF with support structures shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antennas Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. WCF with support structure shall be capable of supporting at least two (2) additional antenna arrays.

(i)

Collocation agreement. All applicants for WCF with support structures are required to execute a statement upon filing the application agreeing to allow collocation of other WCF providers. The host WCF shall be constructed to accommodate two (2) additional antenna arrays and their equipment facilities.

(Ord. No. 17,664, § 1, 1-20-98; Ord. No. 18,173, §§ 2, 3, 12-20-99; Ord. No. 18,682, § 1(p)—(s), (x), (y), 5-21-02; Ord. No. 18,683, § 1, 5-21-02)

(a)

General. The applicable development standards referred to herein are those set forth in section 36-593 of this article.

(b)

Permitting procedures. Attached WCF with or without new building construction and WCF with support structures that meet the development standards are permitted by administrative review. All WCF applications that do not conform with the development standards shall be permitted through a tower use permit (TUP) review.

(c)

WCF as part of coordinated development approval. WCF as part of a proposed residential or nonresidential subdivision, planned zoning district (PZD), site plan, conditional rezoning, or other coordinated development approval shall be reviewed and approved through those processes.

(d)

WCF for temporary term. Temporary WCF for a term not to exceed ninety (90) days are permitted by administrative review, and in case of emergency shall be given expedited review.

(Ord. No. 17,664, § 1, 1-20-98)

(a)

Administrative review.

(1)

Review of WCF under this section shall be conducted by the department of planning and development upon filing a WCF application. The submission requirements shall be as directed by the "instructions for filing" outline provided to the applicant.

(2)

Review criteria. The department of planning and development shall review the application for compliance with the development standards.

(3)

Timing of decision. The department of planning and development shall render a decision on the WCF application by written response to the applicant within five (5) business days after receipt of the completed application, except that an extension may be agreed upon by the applicant.

(4)

If administrative approval is not obtained due to noncompliance with the development standards the applicant may apply for a TUP.

(b)

Tower use permit (TUP).

(1)

Approval body. The body that shall review and approve and have final authority of TUP shall be the planning commission.

(2)

Applications.

a.

Application contents. Each applicant requesting a TUP under this article shall submit a property survey and a scaled site plan containing a scaled elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the WCF and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing, and if relevant as determined by staff, topography, adjacent uses and existing vegetation.

b.

Proprietary information. Any proprietary information required to comply with the application process shall be placed in a separate envelope clearly marked "Proprietary Information—To Be Returned." Upon completion of staff review, or upon request by any other person for this information, this marked material shall be returned to the applicant. Under no circumstances shall the city maintain proprietary information as a public record.

(3)

Submission requirements. Application for a TUP shall be submitted to the department of planning and development on forms provided by staff. The application shall be accompanied by a property survey and a scaled site plan containing the information described above, together with the appropriate fee described in section 23-3. The site plan shall be filed for review by the planning commission not later than the filing date set by calendar.

(4)

Notice. Notice of the application and the public hearing by planning commission shall be given in accordance with the procedures under the zoning ordinance for notice of applications and hearings before the planning commission.

(5)

Hearing. The planning commission shall review and consider the application for a TUP at a public hearing. At the hearing interested persons may appear and offer information in support or opposition to the proposed application. The planning commission shall take one (1) of the following actions:

a.

Approve the application as submitted;

b.

Approve the application with conditions or modifications;

c.

Defer the application for additional information or neighborhood input; or

d.

Deny the application.

(i)

Development standards. Every application for a TUP shall be reviewed for compliance with the development standards set forth in section 36-593; provided that the applicable development standards may be reduced or waived so long as the approval of the WCF meets the goals and purposes of section 36-591 herein. The planning commission may authorize a variance from the development standards by specific inclusion in a motion for approval. No such variance authorized by the planning commission shall be subsequently applied for a variance to the board of zoning adjustment.

(ii)

Tower siting conditions. The planning commission may impose conditions and restrictions on the application or on the premises benefitted by the TUP as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the WCF with the surrounding property, in accordance with the purposes and intent of this chapter. The violation of any condition shall be grounds for revocation of the TUP. The planning commission may impose such conditions in addition to the development standards upon the following findings:

a.

The WCF would result in probable significant adverse visual impact on nearby residences.

b.

The conditions are based upon the purpose and goals of this article as set forth in section 36-591.

c.

The conditions are reasonable and capable of being accomplished.

(6)

Findings. All decisions rendered by the planning commission under a TUP shall be final and shall be supported by written findings of fact and conclusions of law based upon substantial evidence in the record.

(7)

Timing of decision. The planning commission shall render its decision on the date of the next scheduled public hearing for which the application is filed.

(8)

Appeals. The decision of the planning commission may be appealed to the board of directors of the city under the following circumstances:

a.

Only the applicant and those who registered an objection to the TOP in the record of the planning commission shall have standing to appeal.

b.

Only such evidence or testimony in support of or opposition to the issuance of the TUP which was provided to the planning commission may be presented to the board of directors unless the board, by majority vote, decides to hear new information.

c.

In the course of its consideration of an application the planning commission may deem it necessary to employ an engineer(s) qualified in the design and installation of WCF to assist the city in the technical engineering aspects of the application. In such cases, any reasonable costs incurred by the city not to exceed fifteen hundred dollars ($1,500.00) with the engineer review and recommendation shall be reimbursed by the applicant prior to the final city hearing on the TUP.

d.

Appeal of decisions of the board of directors shall be filed in Chancery Court within thirty (30) days of the final decision on the TUP.

(Ord. No. 17,664, § 1, 1-20-98; Ord. No. 18,682, § 1(t)—(w), 5-21-02)

(a)

Collocation. All WCF with support structure shall be constructed to be capable of sharing the facility with other providers, to collocate with other existing WCF and to accommodate the future collocation of other WCF, where technically and practically feasible. Applicants proposing a new WCF with support structure shall demonstrate that it has made a reasonable good faith attempt to find a collocation site acceptable to engineering standards and that none was technically or practically feasible. Competitive conflict and financial burden are not deemed to be adequate reasons against collocation.

(b)

Location on public property. The city will work with telecommunication providers to facilitate the siting of WCF on city owned or controlled property, by identifying existing facilities, the appropriate contact persons, and the appropriate procedures in accordance with this article.

(Ord. No. 17,664, § 1, 1-20-98)

Any WCF that is not operated for a continuous period of twelve (12) months or such lesser time if the city is so advised by the provider or landowner, shall be considered abandoned, and the owner of such WCF shall remove same within ninety (90) days of notice to the city that the WCF is abandoned. If the abandoned WCF is not removed within ninety (90) days, the city may remove it and recover its cost from the owner of the WCF or from the landowner. If there are two (2) or more users of a single WCF this provision shall not become effective until all providers cease to use the WCF.

(Ord. No. 17,664, § 1, 1-20-98)

WCF in existence on the date of the adoption of the article, which do not comply with the requirements of this article (nonconforming WCF) are subject to the following provisions:

(a)

Nonconforming WCF may continue in use for the purpose now used, but may not be expanded without complying with this article, except as further provided in this section.

(b)

Nonconforming WCF may add additional antennas (belonging to the same provider or other providers) subject to administrative review under section 36-595 of this article.

(c)

Nonconforming WCF which become damaged or destroyed due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions subject to the provisions of this article.

(Ord. No. 17,664, § 1, 1-20-98)