The purpose of this article is to:

(a)

Provide for the appropriate location and development of communications facilities and systems to serve the citizens and businesses of the city.

(b)

Minimize adverse visual impacts of communications antennas and support structures through the careful design, siting, landscape screening and innovative camouflaging techniques.

(c)

Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities.

(d)

Maximize and encourage the use of disguised antenna support structures so as to ensure the architectural integrity of designated areas within the city and the scenic quality of protected natural habitats.

(Code 1998, § 37-66; Ord. No. 4246, § I, 1-20-1998)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means any device that transmits and/or receives radio waves for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term "antenna" shall exclude satellite earth station antennas less than six feet in diameter and any receive-only home television antennas.

Cabinet means a structure for the protection and security of communications equipment associated with one more antennas where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four feet by six feet.

Director means the city manager of the city or his designee.

Disguised support structure means any free-standing, manmade structure designed for the support of communications antennas, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, pylon signs, water towers, light standards, flag poles and artificial trees.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means the vertical distance measured from the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.

Shelter means a building for the protection and security of communications equipment associated with one or more antennas, and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses, or the storage of other materials and equipment not in direct support of the connected antennas, is prohibited.

Tower means a structure designed for the support of one or more antennas and including guyed towers, self-supporting (lattice) towers or monopoles, but not disguised support structures or buildings.

Zoning. Nothing in this article shall permit any exception to chapter 37, which restricts the use of land and the erection of structures within the city according to permitted uses for each of the ten districts ranging from R-1 single-family district to M-2 heavy industrial district.

(Code 1998, § 37-67; Ord. No. 4246, § II, 1-20-1998)

The requirements set forth in this section shall be applicable to all antenna support structures installed, built or modified after the effective date of the ordinance from which this section is derived, and to the full extent permitted by law.

(a)

Principal or incidental use. Antennas and support structures may be either a principal use of the property in which it is located in commercially or industrially zoned districts, or an incidental use to existing residential uses, subject to any applicable district requirement relating to location or setback in R-1, R-2 or R-3 districts. Towers constructed in residential areas for incidental uses, such as use by amateur radio operators, shall not be leased to or shared by commercial users.

(b)

Building codes and safety standards. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable state and local building codes and the applicable standard published by the Electronics Industries Association, as amended from time to time.

(c)

Regulatory compliance. All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other state or federal agency with the authority to regulate communications antennas and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards or regulations within the time period mandated by the controlling agency.

(d)

Security. All antennas and support structures shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build or modify antennae or support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the director or by the planning commission in the case of a conditional use permit.

(e)

Lighting. Antennas and support structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennae or support structure.

(f)

Advertising. Unless a disguised antenna support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on structures regulated by this section is prohibited.

(g)

Design.

(1)

Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable state or federal agency, be painted a neutral color consistent with the natural or built environment of the site.

(2)

Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.

(3)

Towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the city.

(4)

Antennas attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.

(5)

All towers shall be surrounded by a landscape strip of not less than ten feet in width and planted with materials which will provide a visual barrier to a minimum height of six feet. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six foot high decorative fence or wall may be approved by the director in the case of a building or administrative permit or by the city council in the case of a conditional use permit upon demonstration by the applicant that an equivalent degree of visual screening is achieved.

(6)

All towers shall be separated from any off-site single- or two-family residential structure by a distance equal to the height of the tower. Towers on parcels adjacent to residentially zoned property shall meet the setback requirements of the applicable zoning district as are required for a principal structure along the adjoining property line. Where adjacent to nonresidentially zoned property, towers shall maintain setbacks as are required for accessory structures.

(7)

Ground anchors of all guyed towers shall be located on the same parcel as the tower and meet setbacks of the applicable zoning district.

(8)

Vehicle or outdoor storage on any tower site is prohibited.

(9)

On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations.

(h)

Shared use.

(1)

Prior to the issuance of any permit to alter or modify any tower existing on the effective date of the ordinance from which this article is derived, the owner shall provide to the city a written and notarized statement agreeing to make said tower available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city. However, owners of amateur radio towers may only make their towers available to other amateur radio users subject to limitations and reasonable financial terms.

(2)

Prior to the issuance of any permit to install, build or modify any tower, the tower owner shall furnish the director an inventory of all of that owner's towers in or within one-half mile of the city limits. The inventory shall include the tower's reference name or number, the location, latitude and longitude, structure type, height, type and mounting height of existing antennas and an assessment of available ground space for the placement of additional equipment shelters.

(3)

Any new tower approved at a height of 100 feet above ground level or higher shall be designed and constructed to accommodate at least one additional user unless a larger number is indicated by the telecommunications master plan map or the response to the notification provisions herein. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city.

(4)

Any new tower approved within a communication tower multiuse interest area, as designated by the telecommunications master plan map, shall be designed and constructed to accommodate the number of users indicated by the plan. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city.

(5)

Prior to any application for the construction of a new tower or disguised support structure, a copy of the application or a summary containing the height, design, location and type and frequency of antennas shall be delivered by certified mail to all known potential tower users as identified by a schedule maintained by the building inspection/code enforcement office. Proof of such delivery shall be submitted with the application to the city. The director shall make available for any user of towers or prospective user to be placed on the list to receive notification of applications. The director shall, before deciding on the application or forwarding it to the planning commission for consideration, allow all persons receiving notice at least ten business days to respond to the city and the applicant that the party receiving notice be permitted to share the proposed tower. The failure of the receiving party to respond to any such notice shall be considered in reviewing any subsequent requests for new towers or structures proposed by the notified party.

(6)

Any party seeking shared use of a tower subject to this provision shall, after responding to notice of an application, negotiate with the applicant for such use. The applicant may, on a legitimate and reasonable business basis, choose between multiple requests for shared use on the same tower or structure, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the director in writing. The director may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of an administrative review fee of $500.00 to the city to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten calendar days to provide a written submission to the director responding to the alleged violation of the shared use requirement. If deemed necessary by the director, he may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the director receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to 30 days until the director has determined that the applicant has complied. An application for conditional use permit shall not be deemed complete for acceptance until a decision on compliance is reached.

(Code 1998, § 37-68; Ord. No. 4246, § III, 1-20-1998)

Upon receipt of the appropriate building permit, the following are allowed:

(1)

The attachment of additional or replacement of antennas or shelters to any tower existing on the effective date of the ordinance from which this article is derived or subsequently approved in accordance with these regulations, provided that additional equipment shelters or cabinets are located within the existing tower compound area.

(2)

The mounting of antennas on any existing building or structure such as a water tower, provided that the presence of the antennas is concealed by architectural elements or camouflaged by painting a color identical to the surface to which they are attached.

(3)

The mounting of antennas on or within ten feet above any existing high-voltage electric transmission tower.

(4)

The installation of antennas or the construction of a tower on buildings or land owned by the city following the approval of a lease agreement by the city council.

(5)

Replacement antennas on existing towers where the antenna will not increase the total structure height.

(6)

One-time replacement of antennas on existing towers where such replacement will not increase the total structure height to exceed the distance between the base of the tower and the nearest off-site occupied structure.

(Code 1998, § 37-69; Ord. No. 4246, § IV, 1-20-1998)

(a)

Issuance of permit. Prior to the issuance of a building permit, an administrative permit approved by the director shall be obtained for the following:

(1)

The attachment of additional or replacement antennas (other than those authorized as a permitted use in section 37-69) or shelters to any tower existing on the effective date of the ordinance from which this article is derived or subsequently approved in accordance with these regulations and requiring the enlargement of the existing tower compound area as long as all other requirements of this section and the underlying zoning district are met.

(2)

The one-time replacement of any tower existing on January 20, 1998, or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new tower shall be of the same type as the original, except that a guyed or self-supporting (lattice) tower may be replaced by a monopole. If the guyed or lattice tower to be replaced is 180 feet or less in height, it shall only be replaced with a monopole. The height of the new tower may exceed that of the original by not more than 20 feet. Subsequent replacements shall require the approval of a conditional use permit.

(3)

The construction of a disguised support structure, provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses. Equipment may be placed in a cabinet if the disguised support structure is incidental to an industrial, commercial, institutional or other nonresidential use.

(4)

The installation of antennas or the construction of a tower or disguised support structure on buildings or land owned by the state, any agency of the federal government, or a local government agency, or board or authority.

(5)

The placement of dual polar panel antennas on wooden or steel utility poles not to exceed 40 feet in height, provided that all related equipment is contained in a cabinet.

(b)

Application procedures. Applications for administrative permits shall be made on the appropriate forms to the director and accompanied by payment of the established fee.

(a)

A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, tower footings and guywires, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height above ground level of the existing or proposed tower. Such plans shall either be signed by a registered engineer or be accompanied by a copy of the manufacturer's specifications for the tower.

(b)

The application shall be reviewed by the building inspector to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility.

(c)

The director shall issue a decision on the permit within 30 days of the date of application or the application shall be deemed approved unless the time period for review and action was extended pursuant to section 37-68(h). The director may deny the application or approve the application as submitted or with such modifications as are, in his judgment, reasonably necessary to protect the safety or general welfare of the citizens, consistent with the purposes of this article. The director may consider the factors established herein for granting a conditional use permit as well as any other considerations consistent with this article. A decision to deny an application shall be made in writing, and state the specific reasons for the denial.

(c)

Appeals. Appeals from the decision of the director shall be made in the same manner as provided by chapter 37 and article XI of chapter 2, administration, for the appeal of administrative decisions.

(Code 1998, § 37-70; Ord. No. 4246, § V, 1-20-1998)

All proposals to install, build or modify an antenna or support structure not covered under sections 37-69 or 37-70 shall require the approval of a special use permit.

(a)

Application. Applications for special use permits shall be filed and processed in the manner and time frame as established in section 37-4.

(b)

Findings required. In addition to any other determinations specified by section 37-4 for the consideration of special use permits, the city council shall make findings, based upon evidence submitted with the application or presented during the hearing by the applicant or others, as to whether or not:

(1)

Existing towers are located within the geographic area necessary to meet the applicant's engineering requirements.

(2)

Existing towers, structures or buildings within the applicant's required geographic area are of sufficient height to meet system engineering requirements.

(3)

Existing towers or structures have sufficient structural strength to support the applicant's proposed antennae.

(4)

The proposed antennas would experience or cause signal interference with antennas on existing towers or structures.

(5)

The fees, costs or other contractual terms required by the owner of existing towers, structures or buildings within the required geographic area of the applicant, or to retrofit the existing towers or structures, are reasonable. Costs exceeding that of a new tower are presumed to be unreasonable.

(6)

There are other limiting conditions that render existing towers, structures or buildings within the applicant's required geographic area unsuitable.

(7)

The design of the tower or structure, including the antenna shelter and ground layout, maximally reduces visual degradation and otherwise complies with provisions of this article.

(8)

The proposal minimizes the number and size of towers or structures that will be required in the area.

(9)

The applicant has previously failed to take advantage of available shared use opportunities provided by this article or otherwise.

A decision by the council to deny an application shall be accompanied by substantial evidence which shall be made a part of the written record of the meeting at which a final decision on the application is rendered.

(c)

Additional limitations.

(1)

No tower shall be approved at a height exceeding 150 feet above ground level unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the tower. Such showing must also be supported by the opinion of a telecommunications consultant hired by the city at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why such alternatives are not viable.

(2)

If the city has, by order, agreed to participate in a multimunicipality commission to coordinate new tower or structure applications, an application made pursuant to this section shall also be submitted to such commission simultaneous with the filing of the request with the city. The planning commission may consider any comments from such commission but shall not allow a delay in receiving such comments to significantly delay a decision on the conditional use permit.

(Code 1998, § 37-71; Ord. No. 4246, § VI, 1-20-1998)

Any tower or upper portion of a tower which is not occupied by active antennas for a period of 12 months shall be removed at the owner's expense. Removal of upper portions of a tower manufactured as a single object shall not be required.

(Code 1998, § 37-72; Ord. No. 4246, § VII, 1-20-1998)

Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to erect or operate, for any private commercial purpose, any new antenna, tower or disguised support structure in violation of any provision of this article, regardless of whether such antenna or structure is located on land belonging to a governmental entity.

(Code 1998, § 37-73; Ord. No. 4246, § VIII, 1-20-1998)

Any person violating this provision shall be subject to a fine of not more than $250.00 or 90 days in jail, or both. Each day the violation continues shall constitute a separate offense.

(Code 1998, § 37-74; Ord. No. 4246, § IX, 1-20-1998)