It is the general purpose and intent of the city to establish guidelines and criteria or the siting of wireless telecommunications towers and antennas and to authorize their use in a manner that will retain the integrity of neighborhoods and the aesthetic value of the overall community, and to do so in a manner so as to protect the health, safety and integrity of residential neighborhoods, and to foster through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services. It is the further purpose and intent of this chapter:

A.

To encourage the location of towers and antennae in nonresidential areas.

B.

To minimize the number of towers throughout the city and to minimize the adverse visual impacts of telecommunications facilities through careful design, siting and landscape screening and innovative camouflaging techniques.

C.

To maximize the use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city.

D.

To ensure that telecommunications facilities are situated in appropriate locations with respect to other land uses, structure and buildings.

(Code 1992, § 17.45.010; Ord. No. 24-2002, 2002)

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

Antenna means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. For the purposes of this chapter the term "antenna" does not include any tower or apparatus under 70 feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission, any device designed for over-the-air reception of radio, telephonic or television broadcast signals, multichannel multipoint distribution service or direct broadcast service, transceivers, or any cable television headend or hub towers and antennae used solely for cable television services.

Micro telecommunications facilities are those which are located on existing buildings, poles or other existing support structures where antennae do not project more than three feet above the top of the structure and there are no more than six antennae per site.

Macro telecommunications facilities are those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structure but no more than ten feet above the roofline, parapet or top of the structure. Macro telecommunications facilities may exceed the height limitation specified for the zoning district.

Monopole tower means a telecommunications tower consisting of a single pole, constructed with guy wires or ground anchors.

Telecommunications facilities refers to antennae and towers, either individually or together and any equipment, equipment shelter or cabinets utilized in conjunction or support thereof.

Tower means a structure, such as a lattice tower, guy tower, or monopole tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term "tower" includes microwave towers, common carrier towers, and cellular telephone towers.

(Code 1992, § 17.45.015; Ord. No. 24-2002, 2002)

A.

Preferred location sites. Preferred locations sites are as follows:

1.

Co-location sites. Any existing telecommunications towers currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone personal wireless service or similar forms of electronic communication shall be a preferred location site regardless of the underlying zoning designation of the site; provided, however, that locations which meet this criteria shall be subject to the design and siting components of this chapter and co-location sites shall not become an "antenna farm" or otherwise be deemed by the city building official to be visually obstructive.

2.

Publicly-used structures.

a.

Publicly-used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for telecommunications facilities.

b.

Therefore, telecommunications facilities should be less noticeable when placed on publicly-used structure than when placed on commercial or residential structures. Publicly-used structures shall include, but are not limited to, facilities such as police or fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flag poles, schools, hospitals, clock or bell towers, light poles and churches, regardless of the underlying zoning designation of the site wherein said publicly used structures are located.

3.

Industrial and commercial structures. Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages, or service stations shall be preferred locations particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunications facility.

B.

Non-preferred location sites. Any single-family residential structure or site or multifamily duplex or site shall be a non-preferred site for the location of telecommunications facilities.

(Code 1992, § 17.45.020; Ord. No. 24-2002, 2002)

The following shall be exempt from this chapter: any telecommunication facilities located on property owned, leased or otherwise controlled by the city which facilities are used exclusively for law enforcement, fire prevention, emergency and other similarly related telecommunications and transmission for the health, safety and well-being of the community.

(Code 1992, § 17.45.025; Ord. No. 7-2007, 2007)

The requirements set forth in this section shall govern the location and construction of all telecommunications facilities governed by this chapter.

1.

Building codes and safety standards. To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes, National Electrical Safety Codes, and the applicable standards for such telecommunications facilities, as amended from time to time. Owners of telecommunications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Inspections shall be conducted by a qualified, independent engineer licensed to practice in the state. The results of such inspection shall be provided to the city.

2.

Regulatory compliance.

a.

All telecommunications facilities 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 telecommunications facilities. If such standards and regulations are changed then the owners of the telecommunications facilities governed by this chapter shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

b.

Owners of telecommunications facilities shall provide documentation showing that each telecommunications facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every 12 months.

3.

Security. Towers shall be enclosed by decay-resistant security fencing not less than six feet in height. All telecommunications facilities shall be equipped with an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunications facility.

4.

Lighting. No illumination is permitted on telecommunications facilities unless required by the FCC, FAA, or other state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required or necessary, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

5.

Advertising. No advertising is permitted on telecommunications facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign as long as the other requirements of this chapter are met.

6.

Visual impact.

a.

Telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, FCC or other applicable federal or state agency, be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obstructiveness. Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zone district as much as possible. Personal wireless telecommunications towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

b.

If an antenna is installed on a structure other than a tower, the antenna and associated 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 unobstructive as possible. Roof-mounted antennas shall be made visually unobstructive by screening to match existing air conditioning units, stairs, elevator towers or other background.

c.

Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

d.

Telecommunications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the city council or by any state or federal law or agency.

e.

Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

7.

Landscaping.

a.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

b.

The city may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived by the city.

8.

Principal, accessory and joint uses. Accessory structures used in direct support of a telecommunications facility shall be allowed but not used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility. Telecommunications facilities may be located on sites containing another principal use in the same buildable area.

9.

Lot size and setbacks. The following setback requirements shall apply to all telecommunications facilities; provided, however, that the city may reduce the standard setback requirements of this section if the goals of this chapter would be better served thereby. Telecommunications towers must be set back a distance equal to the height of the tower from any residential structure.

a.

Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.

b.

Telecommunications facilities must be setback from any property line a sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by being large enough to accommodate such failure on the site.

c.

For antennae attached to the roof or a supporting structure on a rooftop, a 1:1 setback ratio (example: ten-foot-high antenna and supporting structure requires a ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

d.

Towers shall not be located any closer than 2,500 feet from an existing tower unless technologically required or visually preferable.

e.

When a tower is adjacent to a residential use, it must be set back from the nearest residential lot line a distance at least equal to its total height.

f.

In no case shall a tower be located in the front yard, back yard or side yard in a residential district.

g.

Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.

(Code 1992, § 17.45.030; Ord. No. 24-2002, 2002)

A.

Micro and macro telecommunications facilities shall be allowed in I-L Limited Industrial Districts and I-G General Industrial Districts. Telecommunications towers designed and intended to accommodate at least one user are permitted up to a height of 80 feet following design review by and receipt of a building permit from the city. Telecommunications towers designed and intended to accommodate at least two users are permitted up to a height of 100 feet following design review and receipt of a building permit from the city. Telecommunications towers designed and intended to accommodate three or more users are permitted up to a height of 120 feet following design review and receipt of a building permit from the city.

B.

In B-G General Business Districts, micro and macro telecommunications facilities shall be allowed following design review and receipt of a building permit from the city. Monopole towers up to a free standing height of 50 feet are permitted as a special use following design review and receipt of a building permit from the city.

C.

In R-E Estate Residential Districts, R-L Limited Residential Districts, R-G General Residential Districts, R-G-R General Residential Restricted Districts, R-M Residential Mixed Use Districts, B-L Light Business Commercial Districts, B-N Neighborhood Business Zones, and I-R Restricted Industrial Districts, micro telecommunications facilities may be allowed on nonresidential structures following design review by and receipt of a building permit from the city. Macro telecommunications facilities may be allowed as a special use on nonresidential structures following design review by and receipt of a building permit from the city.

(Code 1992, § 17.45.040; Ord. No. 24-2002, 2002)

A.

General application requirements for all building permits. Application for a building permit for any telecommunications facility shall be made to the city building official by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. A fee for any building permit issued pursuant to this section shall be pursuant to the currently adopted International Building Code and/or any future replacement or substitution thereof by the city.

1.

Basic information. Tower applications shall provide the following information:

a.

Site place or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses.

b.

Landscape plan to scale indicating size, spacing and type of plantings required in section 17.80.050(7).

c.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors.

d.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

e.

Report from a qualified, independent engineer licensed in the state documenting the following:

(i)

Telecommunications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design;

(ii)

Total anticipated capacity of the telecommunications facility, including number and types of antennae which can be accommodated;

(iii)

Evidence of structural integrity of the tower structure; and

(iv)

Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris.

f.

A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity.

g.

Information showing the proposed facility would provide the needed coverage or capacity.

h.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network, a description of the distance between the telecommunications facility sites, and describing how this service area fits and is necessary for the service network.

i.

If the proposed location is not a preferred location as per section 17.80.030(A)1 through 3 or is a non-preferred site describe:

(i)

What publicly-used building, co-location site or the preferred location sites are located within the geographic service area. Provide a list (by address with lot and block number noted) and a map at 1:200 scale of all such buildings within the service area;

(ii)

What good faith efforts and measures were taken to secure each of these preferred location sites;

(iii)

Why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and

(iv)

How and why the proposed site is essential to meet service demands for the geographic service area and citywide network.

j.

If the proposed site is zoned R-E, R-L, R-G, R-G-R, R-M, B-G, B-L or B-N, and there are alternative sites in I-L or I-G, applicants must justify why those alternative sites have not been proposed.

k.

Applicants must identify all existing towers and all towers for which there are applications currently on file with the city. Applicants must provide evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna. If co-location on any such towers would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such co-location is not being proposed. If co-location on any such tower would increase negative visual impact, then the applicant must so state and demonstrate.

l.

In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunications tower.

m.

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennae. The applicant shall provide a drawing for each tower showing existing and proposed antennae locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g. radio frequency interference, mast height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The city shall approve those limitations if they cannot be overcome by reasonable technical means.

n.

The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power lines impacting the proposed tower site.

2.

Site inventory. Each application shall include a site inventory including the following:

a.

A list of all existing, existing to be upgraded or replaced, and proposed telecommunications facility sites within the city limits and within one mile of the city limits and a map showing these sites. The list must include the following information for each site:

(i)

Street address;

(ii)

Zoning districts;

(iii)

Type of building (commercial, residential, mixed use) and number of stories;

(iv)

The number of antennae and base transceiver stations per site and the location and type of antenna installation (stand-alone roof top, building facade, etc.) and location of the base transceiver station installation;

(v)

The height from grade to the top of the antenna installation; and

(vi)

The radio frequency range in megahertz, the wattage output of the equipment and effective radiated power.

3.

Preexisting telecommunications facilities. Telecommunications facilities existing and located within the jurisdictional limits of the city at the time that the ordinance from which this chapter is derived is enacted shall be required to complete the requisite application for building permit described herein. However, there shall be no permit fee assessed on preexisting telecommunications facility permit applications.

(Code 1992, § 17.45.045; Ord. No. 24-2002, 2002)

Applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate antennae, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said co-location. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of cost in accordance with industry standards.

(Code 1992, § 17.45.055)

A.

All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the city any such telecommunications facility is determined not to comply with the code standards or to constitute a danger to persons or property, then upon notice being provided to the owner of the facility and the owner of the property if such owner is different, such owners shall have 60 days to bring such facility into compliance. In the event such telecommunications facility is not brought into compliance within 60 days, the city may provide notice to the owners requiring the telecommunications facility to be removed. In the event such telecommunications facility is not removed within 60 days of receipt of such notice, the city may remove such facility and place a lien upon the property for the costs of removal. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may pursue all legal remedies available to it to ensure that telecommunications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antennae and regardless of any permits, federal state or otherwise, which may have been granted.

B.

Any telecommunications facility that is not operated for a continuous period of 12 months or longer shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within 60 days of receipt of notice from the city notifying the owner of such abandonments, the city may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to it to ensure that abandoned telecommunications facilities are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

C.

If the owner of an abandoned tower or antenna wished to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this chapter as if such tower or antenna were a new tower or antenna.

D.

The removal and abandonment provisions contained herein shall apply to all telecommunications facilities existing prior to and as of the date of the enactment of the ordinance from which this chapter is derived.

(Code 1992, § 17.45.060; Ord. No. 24 2002, 2002)

A.

All telecommunications facilities operative on November 21, 2002, shall be allowed to continue their present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with chapter 17.92. Routine maintenance, including replacement with a new tower or antenna of like construction and height, shall be permitted on such existing telecommunications facilities. New construction other than routine maintenance shall comply with the requirement of this chapter.

B.

A telecommunications facility that has received city approval as of November 21, 2002, in the form of either a building permit or special use exception, but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.

C.

Placement of an antenna on a nonconforming structure shall not be considered an expansion of the nonconforming structure.

D.

Telecommunications facilities, including, without limitation, power source and ventilation and cooling shall be operated at all times within the limits of the city noise ordinance (see section 9.12.050) and shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such manner as to be a nuisance.

(Code 1992, § 17.45.065; Ord. No. 24-2002, 2002)

A.

Any person who attempts to erect or erects a telecommunications facility covered by this chapter without having first obtained the necessary building permit, special use permit or variance in the manner provided in this chapter shall be deemed in violation of this chapter. Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this chapter shall be guilty of violating a duly adopted ordinance of the city and shall be punished in accordance with section 1.04.140.

B.

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this chapter or without obtaining the required permits, or if any building, structure or land is used in violation of this chapter, the city, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, a maintenance or use of to correct or abate such violations. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues may be deemed a separate offense.

(Code 1992, § 17.45.070; Ord. No. 24-2002, 2002)