A.   Nonconforming Antennas And Towers: Antennas and towers in existence as of July 1, 2010, that do not conform to or comply with this chapter, are subject to the requirements of chapter 6 of this title. In addition, if a nonconforming tower is hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining required permits; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would exceed the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter.

   B.   Substantial Changes: Any modification to wireless telecommunication equipment associated with an existing tower or an existing support structure shall be approved, unless the modification is a substantial change. A "substantial change" shall mean any one (1) or more of the following:

      1.   Increase in the height of an existing tower, other than a tower in the public right-of-way, by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna, not to exceed twenty feet (20'), whichever is greater.

      2.   Increase in the height of existing support structures by more than ten percent (10%) or more than ten feet (10'), whichever is greater.

      3.   Addition of an appurtenance to the body of the tower, other than a tower in the public right-of-way, that would protrude from the edge of the tower more than twenty feet (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

      4.   Addition of an appurtenance to an existing support structure that would protrude from the edge of the structure by more than six feet (6').

      5.   Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets.

      6.   Installation of any new equipment cabinets on the ground, if no preexisting ground cabinets are associated with the existing support structure or the existing tower.

      7.   Installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with an existing support structure or an existing tower.

      8.   Excavation, construction or deployment of wireless telecommunication towers or equipment outside the current site.

      9.   Removal or reduction of any element of the existing support structure designed or intended to camouflage or conceal the tower or equipment.

      10.   Noncompliance with conditions associated with the siting approval of the construction or modification of the tower or the existing support structure, unless the change does not exceed the thresholds identified in this subsection. (2017 Code)

   A.   Antennas Mounted To Existing Towers Or Existing Support Structures: An antenna may be mounted to an existing tower or may be mounted on an existing support structure; however, if the installation of the equipment results in a "substantial change" as outlined in subsection 12-19-1B of this chapter, it shall be considered a new tower and shall be subject to the review process for a new tower as outlined below.

   B.   Zoning District Requirements:

      1.   Z2 And Z3 Zoning Districts:

         a.   Towers supporting amateur radio antennas, television antennas, broadcast radio antennas, citizen band radio antennas, and shortwave listening antennas, etc., and conforming to all applicable provisions of this chapter and the requirements of the zoning district shall be allowed only in the rear yard and/or side yard.

         b.   Freestanding towers or existing support structures supporting wireless telecommunication antennas and conforming to all applicable provisions of this chapter shall be allowed only in the following sites in the Z2 and Z3 Districts:

            (1)   Church sites, when mounted on existing support structure and camouflaged as a steeple or bell tower;

            (2)   Park sites, when compatible with the nature of the park; and

            (3)   Government, school, utility, and hospital sites.

      2.   Z5 District: New towers are not permitted within the Z5 Central Business District. Antennas in the Z5 District may be located on existing support structures.

      3.   Z7 Specific Use District: A freestanding tower is permitted in the Z7-2 (NIACC) and Z7-4 (County Fairgrounds) districts. In the Z7-1 (Mercy Medical Center) and Z7-3 (Mobile Home Park) districts, antennas may only be mounted to existing support structures; however, where at least thirty five percent (35%) of contiguous property under the same ownership in the Z7-1 or Z7-3 District is maintained in open space, a freestanding tower may be erected, provided that all other requirements of this chapter are met. In the Z7-5 District (Conservation Subdivision), only those towers permitted in the Z2 and Z3 districts, as noted in Subsection B1 of this section, may be erected.

      4.   All Other Districts: A new tower may be erected on any lot within the Z1 Agricultural District, Z4 Multi-Use District or Z6 Industrial District, except upon a lot where the principal function is residential.

   C.   Maximum Height: The maximum height of any tower or tower and antenna(s) in combination shall be subject to the setback and fall zone requirements outlined below; however, in no case shall any tower or tower/antenna combination exceed the following:

      1.   Z1, Z6, Z7-2 and Z7-4 Districts: Three hundred feet (300').

      2.   Z2, Z3 Z7-1, Z7-3, And Z7-5 Districts: One hundred feet (100'); however, on land in the Z7-1 district where at least thirty-five percent (35%) of contiguous property under the same ownership is maintained in open space, a tower may have a maximum height of three hundred feet (300').

      3.   Z4 District: Two hundred feet (200').

   D.   Setback And Fall Zone Requirements:

      1.   The setback and fall shall be measured between the base of the tower located nearest the property line and the actual property line.

      2.   A tower or antenna in the Z1, Z2, Z3, Z7-3, or Z7-5 districts shall not encroach into any easement or required yard setback in those districts as specified by this title.

      3.   A tower or antenna in the Z4, Z5, Z6, Z7-1, Z7-2 or Z7-4 Districts shall not encroach upon any easements. The minimum distance to the nearest property line shall be equal to the height of the tower.

      4.   In any zoning district, the minimum fall zone distance from the base of the tower to the nearest point of the nearest habitable building shall be one and one-half (1.5) times the height of the tower.

      5.   A tower shall not be located within the first tier of the lot; however, on sites adjacent to public rights-of-way on three (3) or more sides, a tower may be placed within a secondary front yard abutting a public right-of-way if the setbacks are met from all other property lines as specified by this title.

      6.   The required setback may be reduced or its location in relation to a public street varied at the discretion of the Administrative Officer to allow the integration of an antenna or tower into an existing or proposed structure such as a church steeple, light standard, power line support device or similar structure.

      7.   A lesser setback or fall zone distance may be permitted if a registered engineer licensed by the State of Iowa specifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances; but in no case shall the setback or fall zone be less than one-half (1/2) the height of the tower. (2017 Code; amd. Ord. 20-10, 11-3-2020)

   A.   Type: A tower shall be a monopole or other structure that is stabilized at the base. Guy wires may not be used.

   B.   Colors: Towers shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color, except in instances where the color is dictated by Federal or State authorities such as the Federal Aviation Administration (FAA).

   C.   Tower Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other Federal or State authority for a particular tower, or if required by the Administrative Officer for security or safety reasons. This provision shall not preclude the placement of an antenna on an existing or proposed lighting standard.

   D.   Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. Upon completion of tower site construction, a placard containing the name, address, and telephone number of the principal owner or operator of the tower structure is required. This placard shall be affixed in a location so that it is clearly visible at the perimeter of the site. Said placard shall not exceed four (4) square feet in area. The pertinent ownership information on the placard shall be kept current and updated as needed. No additional signage shall be allowed other than those required by the FCC.

   E.   Accessory Utility Buildings: All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. Acceptance of design from a registered engineer licensed by the State of Iowa shall be left to the discretion of the Administrative Officer.

   F.   Collocation On New Towers: New towers shall be designed to support at least three (3) wireless telecommunications providers, including the initial provider (3 total). (2017 Code)

   A.   New Antennas On Existing Towers And Existing Support Structures: A new antenna to be collocated on an existing tower or mounted on an existing support structure (with or without collocation) shall be reviewed administratively for compliance with this chapter by the Development Services Department.

      1.   A request for an antenna that is to be collocated on an existing tower or an existing support structure shall be reviewed and a decision rendered in no less than ninety (90) days from the date the application is determined to be complete.

      2.   A request for a new antenna that is the first or only antenna to be mounted on an existing support structure shall be reviewed and a decision rendered no less than one hundred fifty (150) days from the date the application is determined to be complete.

      3.   Any installation that results in a "substantial change" as outlined in subsection 12-19-1B of this chapter shall be considered a new tower and shall be reviewed according to the process outlined for a new tower.

   B.   New Towers: All new freestanding towers or any antenna installation that meets the requirements for a "substantial change" as outlined in subsection 12-19-1B of this chapter shall be reviewed by the Development Review Committee as outlined in chapter 7 of this title. A decision on a new tower shall be rendered in no less than one hundred fifty (150) days from the date the application is determined to be complete.

   C.   Required Submittals For New Towers: In addition to the required submittals for a concept plan or major site plan as outlined in chapter 7 of this title, a request for a new tower shall include the following:

      1.   A report from a registered engineer licensed by the State of Iowa indicating the following:

         a.   Description of the tower/antenna height and design including a cross section and elevation;

         b.   Documentation of the approximate height above grade for potential mounting positions for the initial and the collocated antennas (minimum of 3 total) and the approximate minimum separation distance between antennas; and

         c.   Description of the tower's general capacity including the number and type of antennas that can be accommodated on the tower (minimum of 3).

      2.   A letter of intent committing the tower owner and his/her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, including, without limitation, reasonable rental rates for such shared use.

      3.   Documentation showing that the applicant has completed a survey of existing collocation opportunities within one-half (1/2) mile of the proposed new tower location and, if collocation opportunities exist, a statement regarding the reason for choosing the proposed location instead of collocation. The explanation shall include a sworn statement from an individual who has responsibility over placement of the tower, attesting that one (1) or more of the following exists:

         a.   Collocation within the half-mile radius would not result in the same mobile service functionality, coverage, and capacity.

         b.   Collocation within the half-mile radius is technically infeasible.

         c.   Collocation within the half-mile radius is economically burdensome to the applicant.

      4.   The tower owner, if he/she is not the wireless telecommunication provider, shall provide proof of a lease agreement with a wireless telecommunication provider for the location of at least one (1) antenna on the proposed structure.

   D.   Approval: Construction of an approved new antenna or new tower must commence within two (2) years of the date of approval, and shall be diligently pursued until completion. Failure to meet this requirement voids the approval and any associated permits.

   E.   Denial: If an application is denied, the reasons for denial shall be provided to the applicant in writing, along with minutes of meetings and other documents that support the denial. (2017 Code)

The operator/owner of a tower shall provide the City with a copy of the notice to the FCC of intent to cease operations. All abandoned or unused towers and associated aboveground facilities shall be removed within twelve (12) months of the cessation of operations of an antenna facility at the site unless the Administrative Officer approves a time extension. In the event that a tower is not removed within twelve (12) months of the cessation of operations at a site, the City may remove the tower and associated facilities and the costs of removal assessed against the property. (2017 Code)

No new or existing telecommunications service shall interfere with public safety telecommunications or private telecommunications, including, without limitation: radio, television, and personal communications. Any violation shall be enforced in accordance with rules and regulations of the Federal Communications Commission (FCC). (2017 Code)