The purpose of this Article is to establish general guidelines for the siting of wireless communications towers and antennas. The goal of this section is to:

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

   2.   Encourage the location of towers in nonresidential areas;

   3.   Minimize the total number of towers throughout the community;

   4.   Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers;

   5.   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

   6.   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, siting, landscaping, and innovative camouflaging techniques;

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

   8.   Consider the public health and safety of communication towers; and

   9.   Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the City shall give due consideration to the master plan, zoning map, existing uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

As used in this Article, the following terms shall have the meanings set forth below:

   ALTERNATIVE TOWER STRUCTURE shall mean manmade trees, clock towers, bell steeples, light poles and similar alternative design mounted structures that camouflage or conceal the presence of antennas or towers.

   ANTENNA shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

   BACKHAUL NETWORK shall mean the lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers, or the public switched telephone network.

   FAA shall mean the Federal Aviation Administration.

   FCC shall mean the Federal Communications Commission.

   HEIGHT shall mean when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

   PREEXISTING TOWERS AND PREEXISTING ANTENNAS shall mean any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date hereof, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

   TOWER shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

   1.   New Towers and Antennas: All new towers or antennas in the city shall be subject to these regulations, except as provided in subsections 2 through 4, inclusive, of this section.

   2.   Amateur Radio Station Operators/Receive Only Antennas: This section shall not govern any tower, or the installation of any antenna, that is under seventy feet (70') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

   3.   Preexisting Towers or Antennas: Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of the Section 12-604.6 and 7.

   4.   AM Array: For purposes of implementing this section, 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.

   5.   Guyed Towers: Guyed towers shall not be allowed within the city limits unless there is substantial evidence showing no other alternative is feasible.

   1.   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 prelude the installation of an antenna or tower on such lot, provided it meets required setback distances.    

   2.   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, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

   3.   Inventory of Existing Sites: Each applicant for an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer 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 zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

   4.   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.

   5.   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.

   6.   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 towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective 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.

   7.   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.

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

   9.   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.

   10.   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 the city have been obtained and shall file a copy of all required franchises with the zoning officer.

   11.   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 Section 12-606 .2.e.(2), Table 2, in addition to any notice otherwise required by the zoning ordinance.

   12.   Signs: No signs shall be allowed on an antenna or tower.

   14.   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.

   1.   General: The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

   2.   Permitted Uses: The following uses are retroactively and specifically permitted: antennas or towers located on property owned, leased, or otherwise controlled by the city, provided a license or lease authorizing such antenna or tower has been approved by the city; provided however, upon the effective date of this section, and prior to the approval of such license or lease by the City Council, at least ten (10) days’ notice of the date and time of the public meeting at which the license or lease will be considered by the City Council shall be conspicuously posted on the real property upon which the tower is proposed to be set prior to the holding of such public meeting.

   1.   General: The following provisions shall govern the issuance of administrative approvals for towers and antennas:

   a.   The zoning officer may administratively approve the uses listed in this section.

   b.   Each applicant for administrative approval shall apply to the zoning officer providing the information set forth in Section 12-606 2a and 2c and a nonrefundable fee in such amount as set by resolution of the City Council from time to time to reimburse the city for the costs of reviewing the application.

   c.   The zoning officer shall review the application for administrative approval and determine if the proposed use complies with Section 12-606, 2d and 2e of this section.

   d.   The zoning officer shall respond to each application by either approving or denying said application.

   e.   In connection with any such administrative approval, the zoning officer may, in order to encourage shared use, administratively waive any separation distances between towers in Section 12-606.2e by up to fifty percent (50%).

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

   g.   If an administrative approval is denied, the applicant shall file and application for a special use permit pursuant to Section 12-606 prior to filing any appeal that may be available under this Article.

   2.   List of Administratively Approved Uses: The following uses may be approved by the zoning officer after conducting an administrative review:

   a.   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 C-2 general commercial.

   b.   Locating antennas on existing structures or towers consistent with the terms of Section 12-605A.2b(1) and Section 12-605A.2b(2) below:

   (1)   Antennas on Existing Structures: Any antenna which is not attached to a tower may be approved by the zoning officer as an accessory use to any commercial, industrial, professional, or institutional structure, provided:

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

   (B)   The antenna complies with all applicable FCC and FAA regulations; and

   (C)   The antenna complies with all applicable building codes.

   (2)   Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one courier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

   (A)   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 zoning officer allows reconstruction as a monopole.

   (B)   Height:

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

   ii.   The height change referred to in Section 12-605A.2b(2) (C) i below may only occur one time per communication tower.

   iii.   The additional height referred to in Section 12-605A.2b(2) (C) i below shall not require an additional distance separation as set forth in Section 12-606. The tower’s pre-modification height shall be used to calculate such distance separations.

   (C)   On Site Location:

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

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

   iii.   A relocated on site tower shall be measured from the new tower location for purposes of calculating separation distances between towers pursuant to Section 12-606.2e.

   iv.   The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 12-606.2e of this section shall only be permitted when approved by the zoning officer.

   c.   New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than industrial or heavy commercial, provided a licensed professional engineer certifies the tower can in conformity with the goals set forth in Section 12-601 and the requirements of Section 12-604; the tower meets the setback requirements in Section 12-606.2d and separation distances in subsection Section 12-606.2e; and the tower meets the following height and usage criteria:

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

   (2)   For two (2) users, up to one hundred twenty feet (120') in height; and

   (3)   For three (3) users or more, up to two hundred feet (200') in height.

   d.   Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the zoning officer is in conformity with the goals set forth in Section 12-601.

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

   1.   General: The following provisions shall govern the issuance of special use permits for towers or antennas by the planning commission:

   a.   If the tower or antenna is not a permitted use under Section 12-605 or permitted to be approved administratively pursuant to Section 12-605A, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

   b.   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.

   c.   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.

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

   e.   An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as set by resolution of the board of commissioners form time to time to reimburse city for the costs of reviewing the application.

   2.   Towers:

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

   (1)   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 Section 12-606.2e, adjacent roadways, proposed means of access, setbacks form property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the zoning officer to be necessary to assess compliance with this Article.

   (2)   Legal description of the parent tract and leased parcel (if applicable).

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

   (4)   The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 12-604.3 shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

   (5)   A landscape plan showing specific landscape material.

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

   (7)   A description of compliance with Sections 12-604.3, 4, 5, 6, 7, 10, 12, and 13, Section 12-606.2d and 2e and all applicable federal, state, or local laws.

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

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

   (10)   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 proposed new tower.

   (11)   A description of the feasible location(s) 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.

   b.   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 section are better served thereby:

   (1)   Height of the proposed tower;

   (2)   Proximity of the tower to residential structure and residential district boundaries;

   (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 obtrusiveness;

   (7)   Proposed ingress and egress; and

   (8)   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 6062c.

   c.   Availability of Suitable Existing Towers, Other Structures, or Alternative Technology.

   (1)   No existing towers or structures are located within the geographic area which meet applicants engineering requirements.

   (2)   Existing towers or structures are not of sufficient height to meet applicant’s engineering 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 antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.

   (5)   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

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

   (7)   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low power transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

   d.   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 section would be better served thereby:

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

   (2)   Accessory buildings must satisfy the minimum zoning district setback requirements.

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

   (1)   Separation from off-site uses/designated areas.

   (A)   Tower separation shall be measured form the base of the tower to the lot line of the off-site used and/or designated areas as specified in table 1, except as otherwise provided in table 1.

   (B)   Separation requirements for towers shall comply with the minimum standards established in table 1.

TABLE 1. SEPARATION DISTANCES

 

 

   (2)   Separation distances between towers.

   (A)   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 2.

   (B)   Table 2:

TABLE 2, EXISTING TOWERS - TYPES

 

 

   f.   Security Fencing: Towers shall be enclosed by security fencing not less than six feet (6') in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the planning commission may waive such requirement, as it deems appropriate.

   g.   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 section would be better served thereby.

   (1)   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 four feet (4') wide outside the perimeter of the compound.

   (2)   In locations where the visual impact of the tower would be minimal, the landscaping requirements may be reduced.

   (3)   Existing mature tree growth and natural landforms 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.

   1.   Antennas Mounted on Structures or Rooftops: Equipment storage buildings or cabinets shall comply with all applicable building codes.

   2.   Antennas Mounted on Utility Poles or Light Poles: The equipment cabinet or structure used in association with the following:

   a.   Residential Districts: In residential districts, the equipment cabinet or structure may be located:

   (1)   In a front or side yard, provided the cabinet or structure is no greater than four feet (4') in height and the cabinet/structure is located a minimum of three feet (3') from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least fort- two inches (42") to forty-eight inches (48") and a planted height of at least thirty-six inches (36").

   (2)   In a rear yard, provided the cabinet or structure is no greater than eight feet (8') in height. The cabinet or structure shall be screened by an evergreen hedge with an ultimate height of eight fee (8') and a planted height of at least thirty-six inches (36").

   b.   Commercial or Industrial Districts: In commercial or industrial districts the equipment cabinet or structure shall be no greater than eight feet (8') in height. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty-six inches (36"). 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 six feet (6') in height or an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36").

   3.   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 located.

   4.   Modification of Building Size Requirements: The requirements of Sections 12-607.1 through 3 may be modified by the zoning officer in the case of administratively approved uses or by the planning commission in the case of uses permitted by special use to encourage collocation.

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 form the city notifying the owner of such abandonment. Failure to remove abandoned antenna or tower within ninety (90) days shall be grounds to remove the tower or antenna at the owner’s expense and/or a fine not to exceed two hundred dollars ($200.00) per 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.

   1.   Not Deemed Expansion of Nonconforming Use: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

   2.   Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) 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.

   3.   Rebuilding Damaged or Destroyed Nonconforming Towers Or Antennas: Notwithstanding Section 12-608, 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 subsection Section 12-606.2d and 2e. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the current applicable building codes 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 this section.