(a)

Applicability.

(1)

District height limitations. The requirements set forth in this Code shall govern the location of towers and antennas in the city.

(2)

Public property. Antennas or towers located on publicly owned property shall be exempt from the requirements of this Code, provided a license or lease authorizing the antenna or tower has been approved by the city council.

(3)

Amateur radio and receive-only towers. This Code shall not govern any tower, or the installation of any antenna, that is under 100 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive-only antenna.

(4)

Grandfathered towers and antennas. Any tower or antenna existing on the effective date of this ordinance shall not be required to meet the requirements of this Code other than the requirements of this Code for grandfathered towers and antennas. Any towers or antennas that fail to meet the requirements of this Code shall be referred to as "grandfathered towers" or "grandfathered antennas."

(b)

Guidelines and requirements.

(1)

Purpose. The purpose of this subchapter is to establish rules and regulations for the site placement and maintenance of towers and antennas of the type as herein defined and set out. The goals of this chapter are to encourage and to provide for the location of towers in nonresidential areas and minimize the total number of towers throughout the community, and to encourage strongly the joint use of new and existing towers. In addition, it is the purpose of these regulations to encourage the use of towers and antennas to be located in areas where the adverse impact on the community is minimal and to encourage the user of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and to enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

(2)

Existing sites. Each applicant for a tower permit shall provide the city council an inventory of its existing towers, including specific information about the location, height and design of each tower. The city council shall review the data and information as may be submitted, and all data submitted in conjunction with an application as herein provided shall be deemed a part of the open and public record.

(3)

Lighting. The guidelines set forth in this Code shall govern the location of all towers and the installation of all antennas; provided, however, that the governing body may in its sole discretion provide other regulations or other requirements that accomplish the objectives of this Code where it is found that the goals and purposes of this chapter and this Code are better served by such exceptions.

(4)

Requirements. Towers shall either be constructed to maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted sky blue or gray so as to reduce visual obtrusiveness.

(5)

Design requirements. At a tower site, the design of buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.

(c)

Installation of an antenna of a structure other than a tower. 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.

(d)

Lighting of towers prohibited. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the city council shall approve the design for lighting and the design must take into effect existing and contemplated uses of surrounding property and be configured in a way as to cause the least disturbance to the surrounding views.

(e)

Federal and other governmental requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government or any other governmental entity with the authority to regulate towers and antennas. If the standards and regulations are changed, then the owners of the towers and antennas governed by this Code shall bring the towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the revised standards and regulations. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute an immediate and automatic revocation of the authority granted under this chapter and the city may require the removal of any tower antenna in noncompliance at the cost of the owners.

(f)

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 the building codes of the city and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. The city, through the building official or other persons so designated, may inspect towers and antennas at any time, and if the building official finds and concludes that the tower or an antenna fails to comply with such codes and standards and/or constitutes a danger to persons or property, then the building official, upon notice being provided to the owner of the tower, may order that the tower and antenna be brought into compliance with the codes and standards within a period not to exceed 30 days. If the owner fails to bring the tower into compliance within 30 days, the city council may order the removal of the tower and antennas at the expense of the owner. In the event a removal is ordered, the city shall not assume any liability for the removal and shall be entitled to a lien upon the personal property, fixtures or real estate for the purpose of paying its cost incurred in the removal.

(g)

Specific use permit required. The city council finds and determines that it is in the best interest of the health, safety and well-being of the residents, citizens and inhabitants of the city that no tower or antenna shall be constructed, erected or maintained in the city unless a permit, hereinafter referred to as a tower permit, shall have first been issued by the city council for the placement, location and maintenance of the tower and antenna.

(h)

Application and fees. From time to time the city council may adopt an application form or procedure for the issuance of a tower permit. In addition, the city council may specify fees, costs and expenses that must be paid by the applicant as an application fee prior to the review or issuance of the tower permit. In the event the city council shall fail to specify or provide for tower permit application or a procedure for the issuance of a tower permit, then the building official is hereby directed to establish such procedure as shall be reasonable and necessary to accomplish the objectives of this Code. The application fee approved by the city council shall be in an amount sufficient to cover the cost incurred by the city in reviewing the application and material submitted by the applicant. In addition, prior to the issuance of any permit and as a condition for the issuance of a tower permit, the applicant shall pay any additional cost as may be incurred by the city, including, but not limited to, professional fees incurred in the review of any application.

(i)

Requirements of an application. Each application filed hereunder shall show and attach thereto all relevant documents showing compliance with all laws and regulations promulgated by the federal government, including laws and regulations relating to the FAA or the FCC or any other governmental entity. In addition, no authority granted under this Code shall be deemed to have any final authority until an application for a building permit has finally been approved by the building official of the city.

(j)

Shortened administrative process.

(1)

The city council recognizes that there are certain circumstances where a tower permit may be issued administratively by the building official without review by the city council, and in this regard the building official is hereby directed and authorized to issue a tower permit as provided for under this chapter without referral to or review by the city council. The applicant for a tower permit by administrative approval shall first comply with all other requirements of this Code including making application on such form as may be from time to time provided by the city and paying the required fee. The authority herein granted to the building official shall be deemed discretionary by the building official and the building official may decline to issue a tower permit administratively and may refer the application to the city council for approval in accordance with the other provisions of this chapter.

(2)

The building official may approve a tower permit administratively if it is found that one or more of the following conditions or circumstances shall exist:

a.

The proposed tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna, will be located in an industrial or heavy commercial district or area of town. An industrial or heavy commercial area is one that is separated from any platted lot of record that is in residential use or intended for residential use by at least 1,000 feet from the closest point of any lot platted or used for residential purposes or, in the case of non-platted property, 1,000 feet from any structure actually used for residential purposes. In measuring or determining any of the distances as herein provided, measurements should be taken from the closest point of the lot or structure to the base or structural point of the tower closest to the residential lot or residential structure.

b.

The installation of an antenna is on an existing structure other than a tower (such as a building, sign, light pole, water tower or other free-standing nonresidential structure) that is at least 50 feet in height or greater so long as the additional antenna adds no more than 20 feet to the height of the existing structure.

c.

The installation of an antenna is on an existing tower of any height so long as the addition of the antenna adds no more than 20 feet to the height of the existing tower. The tower permit issued under this section shall not permit the placement of additional buildings or other supporting equipment used in connection with the antenna.

(k)

General requirements for approval of an antenna tower or structure and the issuance of a tower permit. The following general provisions shall govern the issuance of a tower permit and shall control all applications for a tower permit. Each applicant requesting a tower permit under this Code shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, or other documentation signed and sealed by appropriate professional engineers showing the location and dimensions of the improvement, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information necessary to assess compliance with this Code, including such other and additional information as may be deemed necessary and required by the city council.

(l)

Factors in considering the granting of the permit. The city council shall consider the following factors in determining whether or not to issue a tower permit and such other factors as may be deemed appropriate and necessary in order to determine that the goals of the code are properly served:

(1)

Height of the proposed tower;

(2)

Proximity of the tower to residential structures and residential districts; however, the city council shall not approve any tower which is closer than 1,000 feet to any lot platted for residential use or from any structure in residential use;

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

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

(7)

The availability of suitable and existing towers and other structures presently constructed which are suitable for antenna location; and

(8)

The environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC regulations concerning such emissions shall not be considered.

(m)

Availability of suitable towers or other structures. No new tower permit shall be issued unless the applicant demonstrates to the reasonable satisfaction of the city council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna or tower may consist of any of the following.

(1)

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

(2)

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

(3)

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

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna;

(5)

The fees or costs required to share an existing antenna or structure which will be paid at the beginning of a sharing relationship or will be paid within one year from the date of the inception of any sharing relationship exceed the cost of constructing a new tower;

(6)

Property owner(s) of existing towers or structures are unwilling to accommodate reasonably the applicant's needs. The applicant must specify the reason for property owner(s) refusing to accommodate and submit satisfactory proof of non-accommodation, including documents evidencing appropriate financial tenders.

(7)

The applicants demonstrate that there are other limiting factors that render existing towers and structures unsuitable.

(n)

Setbacks. The following setbacks and separation requirements shall apply to all towers and antennas for which a tower permit is required; provided, however, that the governing body may, in its discretion, provide for other or different regulations if it finds that the goals of this Code are better served by such modifications.

(1)

Towers must be set back a distance equal to 200 feet from the nearest point to any lot platted for residential use or any structure in residential use. If the height of the antenna tower is deemed to be greater than 500 feet, then the setback as herein provided shall be three times the height of the tower.

(2)

Towers, guys and accessory facilities must be constructed in a way to avoid adverse impact upon adjoining properties and the uses thereof. In addition, all such structures and apparatus must be properly screened by a visual barrier or fence of a height not less than eight feet and shall be appropriately marked.

(3)

In all areas other than industrial and heavy commercial areas which are separated from lots platted for residential use or from structures in residential use by more than 1,000 feet, towers over 90 feet in height shall not be located within one-quarter mile from an existing tower that is over 90 feet in height.

(o)

Security. In addition to the fencing requirements as herein set out, all fencing shall be locked and secured and shall be equipped with appropriate anti-climbing devices; provided, that if the city council finds and determines that, because of natural barriers or the existence of other apparatus or conditions, this requirement is not necessary, the city council may in an appropriate case modify the screening and fencing requirements as herein set out.

(p)

Landscaping.

(1)

All towers constructed and maintained within the city limits shall be landscaped and maintained in accordance with the provisions as herein set out. The city council, however, upon appropriate application, may modify the provisions of this Code when it is deemed appropriate in accordance with the circumstances and conditions then existing.

(2)

The requirements as herein provided are:

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. The applicant for a tower permit shall file with the city a landscape plan which shall be approved by the city council in conjunction with any application filed in accordance herewith. In the case of an application for administrative approval, the requirements for a landscape plan may be approved by the building official without city council approval if a request for administrative approval is granted. It shall be the duty of the applicant to fully maintain any landscaping as herein provided as a condition for the maintenance of the permit; and

b.

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 deemed by the city council to be a sufficient buffer.

(q)

Removal of abandoned towers and antennas. Any antenna or tower that is not operated for a continuous period of 12 months shall be deemed abandoned, and the owner of the antenna or tower shall remove the same within 30 days of the receipt of a notice from the city council notifying the owner of the abandonment. If the antenna or tower is not removed within the required 30 days, or such additional period as may be allowed by the city council upon application, the city council may remove the antenna or tower at the expense of the owner and may file a lien upon the real estate and any personal property or fixtures found to pay the cost of removal.

(r)

Existing antennas and towers.

(1)

Any antenna or tower that would otherwise be subject to regulation under the terms and provisions of this Code that had been constructed and lawfully in existence at the date of adoption of this chapter shall be deemed grandfathered and shall not be subject to the regulations provided under this Code for the issuance of a tower permit. However, all other provisions of this Code applicable to the maintenance or renovation of an antenna or tower shall be deemed applicable and in existence.

(2)

The owner of a previously existing antenna tower shall be entitled to grandfathered status only if the owner and/or lessee of the antenna or tower shall file a declaration and claim of grandfathered status on or before the expiration of six months from the date of adoption of this chapter. Any person failing to timely claim grandfathered status shall be required as a condition of the maintenance of an antenna or tower to obtain a tower permit as herein required for a newly constructed antenna or tower.

(s)

Applicant shall acquire no vested rights.

(1)

No applicant for a tower permit or person intending to apply for a tower permit shall at any time acquire any vested rights to a tower permit or other authority or privilege to maintain an antenna or tower in the city limits. Nor shall any person who shall have previously constructed and maintained an antenna or tower otherwise subject to regulation under this chapter be deemed to have acquired any vested rights or property rights to maintain the tower or antenna in the city.

(2)

The city declares that the provisions of this chapter are necessary for the preservation of the health, safety and well-being of the residents, citizens and inhabitants of the city and as such the health, safety and well-being of the residents, citizens and inhabitants of the city require that this chapter and code be enforced to the maximum extent permitted by law and that all rights of property shall at all times be subordinate to the regulations as herein set out.

(t)

Regulations to the extraterritorial jurisdiction. The city council finds and determines that its regulation of antennas and towers is important for the maintenance of the health, safety and well-being of the residents, citizens and inhabitants of the city and, as such, declares that the regulations contained in this chapter and code shall, to the extent that may from time to time be permitted under the laws of the State, be applicable to all towers and antennas that may be permitted and constructed in the extraterritorial jurisdiction of the city.

(Ord. No. 14-2013, § 2, 3-11-13; Ord. No. 21-2017, § 2(Exh. A), 12-18-17)