a.

"Communications tower" as used in this ordinance shall mean a tower, pole or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed or on a building.

b.

"Telecommunications," as defined in the federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

c.

"Antenna" means a device, dish or array used to transmit or receive telecommunications signals.

d.

"Height" of a communication tower is the distance from base of the tower to the top of the structure.

(Ord. No. 932, 4-14-97)

A communications tower and/or antenna may be permitted upon determination that all of the applicable conditions in this ordinance are met.

a.

District in which conditional uses are permitted, height limitations:

Residential: Freestanding tower with height not exceeding 100 feet is a permitted conditional use; height exceeding 100 feet requires special exception.

Commercial: Freestanding or guyed tower with height not exceeding 250 feet is a permitted conditional use; height exceeding 250 feet requires special exception.

Industrial: Freestanding or guyed tower with height not exceeding 360 feet is a permitted conditional use; height exceeding 360 feet requires special exception.

Other: Freestanding or guyed tower with height not exceeding 500 feet is a permitted conditional use; height exceeding 500 feet requires special exception.

b.

Application requirements. The applicant for a conditional use zoning permit for construction of communications tower or placement of a commercial telecommunication antenna on an existing structure other than a tower previously permitted must file an application accompanied by a fee of $200.00 and the following documents, if applicable:

1.

One copy of typical specifications for proposed structures and antennas, including description of design characteristics and material.

2.

A site plan drawn to scale showing property boundaries, tower location, tower height, guy wire and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan and existing land uses on adjacent property. A site plan is not required if antenna is to be mounted on an approved existing structure.

3.

A current map, or update of an existing map on file, showing locations of [the] applicant's antennae facilities, existing towers and proposed towers which are reflected in public records, serving any property within the city.

4.

A report from a structural engineer showing the tower antenna capacity by type and number and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222, latest revision, standards.

5.

Identification of the owners of all antennae and equipment to be located on the site.

6.

Written authorization from the site owner for the application.

7.

Evidence that a valid FCC license for the proposed activity has been issued.

8.

A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.

9.

A written agreement to remove the tower and/or antenna within 180 days after cessation of use.

10.

Evidence that applicable conditions in subsection c. are met.

11.

Additional information as required to determine that all applicable zoning regulations are met.

(Ord. No. 932, 4-14-97)

[The] applicant must show that all applicable conditions are met [as follows:]

1.

The proposed communications tower, antenna or accessory structure will be place[d] in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and [the] applicant's technical design requirements.

2.

[The] applicant must show that a proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirement without unreasonable modifications on any existing structure or tower under the control of [the] applicant.

3.

[The] applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a nonresidential district for valid technical reasons.

4.

Prior to consideration of a permit for location on private property which must be acquired, [the] applicant must show that available publicly owned sites and available privately owned sites occupied by a compatible use are unsuitable for operation of the facility under applicable communications regulations and [the] applicant's technical design requirements.

5.

[The] applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements.

6.

[The] applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.

7.

A communications tower must not be painted or illuminated unless [such painting is] provided by state or federal regulations.

8.

A permit for a proposed tower site within 1,000 feet of an existing tower shall not be issued unless the applicant certifies that the existing tower does not meet [the] applicant's structural specifications and [the] applicant's technical design requirements or that a collocation agreement could not be obtained.

9.

[The] applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the administrative official designated by the City of Rayne, a written indemnification of the municipality [city] and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality [city], in [a] form approved by the municipal attorney.

10.

Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage and all other general zoning district regulations, except setback and height, shall apply to the use. Setback and height conditions in this section apply.

11.

In residential areas, a tower must be a minimum distance equal to one-half the height of the tower from property designated historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements or 25 percent of the tower height, whichever is greater.

(Ord. No. 932, 4-14-97; Ord. No. 935, 7-14-97)

In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by [the] administrative official designated by the City of Rayne, who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(2)

Dismantle and remove the tower.

At the earlier of 181 days from the date of abandonment without reactivation or upon completing of dismantling and removal, any special exception and/or variance approval for the tower shall automatically expire.

(Ord. No. 932, 4-14-97)

If additional tower height is requested, total tower height will not exceed 150 percent of the maximum height permitted in the district as a conditional use. [The] applicant must demonstrate that additional height above that permitted by conditional use regulations is necessary for service to occupants of an area within the municipality [city].

(Ord. No. 932, 4-14-97)

Additional conditions may be established by [the] administrative official designated by the City of Rayne as deemed necessary to remove danger to health and safety and to project [protect] adjacent property.

(Ord. No. 932, 4-14-97)

The Telecommunications Act of 1996 requires that a denial of a permit be supported by substantial evidence.

(Ord. No. 932, 4-14-97)