The purpose of this article is to establish general guidelines for the placement of wireless communications towers and antennas. The goals of this article are to:

A.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

B.

Encourage the location of towers in nonresidential 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, placement, 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 communications towers; and

I.

Avoid potential damage to adjacent properties from tower failure through engineering and careful placement 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.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

New towers and antennas

All new towers or antennas in the city shall be subject to these regulations, except as provided in Subsections A through C of this section, inclusive.

A.

Amateur radio station operators/receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under forty-five (45) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. If the tower or antenna exceeds forty-five (45) feet in height or if more than one tower is located on any single parcel, the provisions of this article shall apply.

B.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of Section 90-19-03.F and G.

C.

AM array. For purposes of implementing this article, an AM array consisting of one or more tower units and supporting ground system which functions 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.

D.

Guyed towers. Guyed towers shall not be allowed within the city.

E.

Lattice towers. Lattice towers shall only be allowed within districts zoned industrial.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

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, provided it meets required setback distances.

B.

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.

C.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Planning Director 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 Planning Director may share such information with other applicants applying for administrative approvals or special use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the Planning Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

D.

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.

E.

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.

F.

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 article 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.

G.

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 thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

H.

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

I.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities.

J.

Franchises. Owners and/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 a city have been obtained and shall file a copy of all required franchises with the Planning Director.

K.

Public notice. For purposes of this article, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Table 90-19(A), in addition to any notice otherwise required by this article.

L.

Signs. No signs shall be allowed on an antenna or tower except such signs as may be required by this article.

M.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 90-19-07.

N.

Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Generally. The uses listed in Subsection B of this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

B.

Specific uses. The following uses are specifically permitted: Antennas or towers located on property owned, leased, or otherwise controlled by the city or state, provided that a license or lease authorizing such antenna or tower has been approved by the city or state.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Generally. The following provisions shall govern the issuance of administrative approvals for towers and antennas.

1.

The Planning Director may administratively approve the uses listed in Subsection B of this section.

2.

Each applicant for administrative approval shall apply to the Planning Director providing the information set forth in Section 90-19-06.B.1 and B.3 and a nonrefundable fee according to a schedule of fees, as shall be modified from time to time by the council, and made available for public viewing in the City Clerk's office to reimburse the city for the costs of reviewing the application.

3.

The Planning Director shall review the application for administrative approval and determine if the proposed use complies with Sections 90-19-03, and 90-19-06.B.4 and B.5.

4.

The Planning Director shall respond to each application by either approving or denying said application.

5.

In connection with any such administrative approval, the Planning Director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

6.

If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Section 90-19-06 prior to filing any appeal that may be available under this article.

B.

Specific uses. The following uses may be approved by the Planning Director after conducting an administrative review:

1.

Towers or antennas placed in certain zoning districts. Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any district zoned industrial, or any monopole tower in any district zoned C-2 General Commercial, or C-3 Regional Commercial.

2.

Placement on existing structures. Locating antennas on existing structures or towers consistent with the terms of Subsections B.2.a of this section.

a.

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Planning Director as an accessory use to any commercial, industrial, professional, or institutional structure provided that:

(i)

The antenna does not extend more than thirty (30) feet above the highest point of the structure;

(ii)

The antenna complies with all applicable FCC and FAA regulations; and

(iii)

The antenna complies with all applicable building codes.

b.

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Planning Director 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 that such collocation is accomplished in a manner consistent with the following:

(i)

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 Planning Director allows reconstruction as a monopole.

(ii)

Height:

(1)

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

(2)

The height change referred to in Subsection B.2.b.(ii)(1) of this section may only occur one time per communication tower.

(3)

The additional height referred to in Subsection B.2b.(ii)(1) of this section shall not require an additional distance separation as set forth in Section 90-19-06. The tower's pre-modification height shall be used to calculate such distance separations.

(iii)

On-site location:

(1)

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location, provided that it continues to satisfy setback requirements.

(2)

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

(3)

A relocated on-site tower shall be measured from the new tower location for purposes of calculating separation distances between towers pursuant to Section 90-19-06.B.5.

(4)

The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 90-19-06.B.5 shall only be permitted when approved by the Planning Director.

c.

New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than industrial or regional commercial, provided that a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Planning Director concludes the tower is in conformity with the goals set forth in Section 90-19-01 and the requirements of Section 90-19-03; the tower meets the setback requirements in section 90-19-06B.4 and separation distances in Section 90-19-06.B.5; and the tower meets the following height and usage criteria:

(i)

For a single user, up to ninety (90) feet in height;

(ii)

For two users, up to one-hundred twenty (120) feet in height; and

(iii)

For three or more users, up to one hundred fifty (150) feet in height.

d.

Locating any alternative tower structure in a zoning district other than industrial or regional commercial that in the judgment of the Planning Director is in conformity with the goals set forth in Section 90-19-01.

e.

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

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Generally. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission:

1.

If the tower or antenna is not a permitted use under Section 90-19-04 or permitted to be approved administratively pursuant to Section 90-19-05, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

2.

Applications for special use permits under this section shall be subject to the procedures and requirements of this article, except as modified in this section.

3.

In granting a special use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

4.

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

5.

An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee according to a schedule of fees, as shall be modified from time to time by the council, and made available for public viewing in the City Clerk's office to reimburse the city for the costs of reviewing the application.

B.

Towers.

1.

Information required. Applicants for a special use permit for a tower shall submit the following information, in addition to any other required information:

a.

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), master plan classification of the site and all properties within the applicable separation distances set forth in Subsection B.5 of this section, 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 planning director to be necessary to assess compliance with this article.

b.

A survey and legal description of the parent tract and leased parcel (if applicable).

c.

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

d.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 90-19-03.C shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower and the owner/operator of the existing tower, if known.

e.

A landscape plan showing specific landscape materials.

f.

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

g.

A description of compliance with section 90-19-03.C, G, J, L, and M, Subsections B.4 and B.5 of this section, and all applicable federal, state or local laws.

h.

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

i.

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

j.

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.

k.

A description of the feasible locations 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.

2.

Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications, the Planning Commission shall consider the following factors in determining whether to issue a special use permit, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this article are better served thereby:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

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

g.

Proposed ingress and egress; and

h.

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection B.3 of this section.

3.

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 Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology. Substantial 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:

a.

No existing towers or structures are located within the geographic area which meets the applicant's engineering requirements.

b.

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

c.

Existing towers 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 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, 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.

f.

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

g.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/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.

4.

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this article would be better served thereby:

a.

Towers must be set back a distance equal to at least seventy-five (75) percent of the height of the tower from any adjoining lot line.

b.

Accessory buildings must satisfy the minimum zoning district setback requirements.

5.

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

a.

Separation from off-site uses/designated areas.

(i)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 90-19.(A), except as otherwise provided in Table 90-19.(A) below.

(ii)

Separation requirements for towers shall comply with the minimum standards established in Figure Table 90-19.(A) below.

NOTES:

1.

Includes residential district manufactured homes and mobile homes used for living purposes.

2.

Separation measured from the base of the tower to the closest building property/lot line.

3.

Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.

b.

Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 90-19.(B) below.

6.

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 Planning Commission may waive such requirements, as it deems appropriate.

7.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this article would be better served thereby.

a.

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 six (6) feet wide outside the perimeter of the compound.

b.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

c.

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.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Antennas mounted on structures or rooftops. 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:

a.

In a side yard provided the cabinet or structure is no greater than four (4) feet in height and the cabinet or structure is located a minimum of three (3) feet from all lot lines. The cabinet or structure shall be screened by a solid fence six (6) feet in height or an evergreen hedge with an ultimate height of at least four (4) feet and a planted height of at least three (3) feet.

b.

In a rear yard, provided the cabinet or structure is no greater than eight (8) feet in height. The cabinet or structure shall be screened by an a solid fence six (6) feet in height or an evergreen hedge with an ultimate height of not less than the height of the cabinet or structure and a planted height of at least three (3) feet.

2.

In commercial or industrial districts the equipment cabinet or structure shall be no greater than eight (8) feet in height. The structure or cabinet shall be screened by a solid fence eight (8) feet in height or by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least three (3) feet. 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 eight (8) feet in height or an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least three (3) feet.

C.

Antennas located on towers. The related unmanned equipment structure shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.

D.

Modification of building size requirements. The requirements of subsections A thru C of this section may be modified by the Planning Director in the case of administratively approved uses or by the Planning Commission in the case of uses permitted by special use to encourage collocation.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (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 ninety (90) day period shall be grounds to remove the tower or antenna at the owner's expense and/or a fine not to exceed $200.00 per offense. Each day that a tower remains after said notice shall be considered a separate offense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Not expansion of nonconforming use. Towers that are constructed and antennas that are installed, in accordance with the provisions of this article 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 shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article.

C.

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Section 90-19-08, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Sections 90-19-06.B.4 and B.5. The height and location of the tower on site shall be of the same intensity as the original facility approval. Building permits to rebuild the facility shall comply with the current applicable building codes, Section 90-19-02.5. (Guyed Towers) and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 90-19-08.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)