Wireless telecommunication towers and antennas may be installed, erected and maintained pursuant to the provisions of this article. The purpose and intent of this article is:

(1)

To ensure the provisions of personal wireless service within the corporate boundaries of and for the benefit of the residents of the city.

(2)

To protect the public health, safety and general welfare of the community, public and private property, and community aesthetics.

(3)

To minimize the visual impact of towers, antennas and associated buildings through design and siting standards.

(4)

To maximize the use of alternative tower structures to accommodate antennas in order to reduce the number of towers needed to serve the community.

(5)

To avoid damage to adjacent properties from tower failure through structural standards and setback requirements.

(Code 2006, § 17.201(1))

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:

Accessory equipment structure means a building or cabinet-like structure located adjacent to or in immediate vicinity of a wireless telecommunications tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.

Alternative tower structures means structures other than towers to which antennas may be attached such as building walls or roofs, grain silos, utility poles, clock towers, steeples, water tanks, light poles or artificial trees.

Antenna means equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omni-directional whip antennas.

Antenna support structure means any building, pole, telescoping mast, tower, tripod or any other structure which supports an antenna.

Base transceiver station means equipment that provides the link between wireless communications and land-based public telephone switching networks, including radio frequency transceivers, backup power amplifiers and signal processing hardware, typically contained in a small building or cabinet.

Co-location means the location of wireless telecommunications equipment from more than one provider on a common tower, building or structure.

Commercial receiving and/or transmitting antennas means any antennas erected to transfer information for commercial use.

Mast means the portion of the outside antenna system to which the antenna is attached and the support or extension required to elevate the antenna to a height deemed necessary for adequate operation.

Personal wireless services means licensed commercial wireless communication services, including cellular, personal communication services (PCS), enhanced specialized mobilized radio (EMR), paging and similar services.

Public property means land, buildings or other structures owned or operated by the city.

Tower means any pole, spire or structure, or combination thereof, to which an antenna could be attached or which is designed for an antenna to be attached and all supporting lines, cables, wires and braces.

(Code 2006, § 17.201(2))

Antennas, towers and accessory structures for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance from which this article is derived are, after the effective date hereof, declared to be nonconforming uses subject to the provisions of article III of this chapter.

(Code 2006, § 17.201(3))

(a)

This article shall be interpreted consistent with the provisions of the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996.

(b)

This article shall apply to all persons and other entities seeking to locate, site, place, modify or construct wireless telecommunications facilities within the corporate boundaries of the city.

(c)

This article reserves to the city all authority contained in state law and existing city ordinances regarding land use, zoning and regulation which has not been preempted by the federal government pursuant to section 704 of the Telecommunications Act of 1996 as to the placement, construction and modification of personal wireless service facilities.

(d)

This article does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers or television antennas, or public safety communication facilities owned or operated by the city.

(Code 2006, § 17.201(4))

All obsolete, damaged, unused or abandoned towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations unless a time extension is approved by the council. If the tower is not removed, it may be deemed a nuisance pursuant to the state statutes. In the event a tower is determined to be a nuisance, the city may act to abate such nuisance and require the removal of the tower at the property owner's expense. The owner shall provide the city with a copy of the notice of the Federal Communication Commission's intent to cease operations and shall be given 12 months from the date of ceasing operations to remove the obsolete tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of 12 consecutive months. The equipment on the ground is not to be removed until the tower structure has first been dismantled. After the facilities are removed, the site shall be restored to its original or to an improved state.

(Code 2006, § 17.201(8))

All new or existing telecommunications services shall comply with all relevant Federal Communication Commission and Federal Aviation Administration standards and shall not interfere with public safety and other city and private telecommunications operations.

(Code 2006, § 17.201(12))

The provisions of this article shall be enforced and penalties imposed for violations hereof as set forth herein and in sections 40-8 and 40-35.

(Code 2006, § 17.201(14))

Applicants proposing to erect wireless telecommunication towers or antennas shall follow procedures as set forth in article IV of this chapter. Additional application materials shall include the following:

(1)

A document from the property owner or lessor that permits the applicant to apply for a conditional use permit and building permit to erect a wireless telecommunications tower and/or antenna.

(2)

A scaled site plan which shows property lines, location of wireless telecommunication tower or antenna, setback distances, any accessory equipment structure, fencing and landscaping proposed.

(3)

An artist's or architect's sketch concept or rendition of the site as built which demonstrates to the satisfaction of the council that the proposed site will be as aesthetically in keeping with its surroundings as possible, including elevations, landscaping, screening, appropriate camouflage and fencing.

(4)

Sufficient information to show that construction, installation and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons.

(Code 2006, § 17.201(9))

No person shall place, construct or modify a wireless telecommunication tower or antenna without first having obtained a building permit. All towers and antennas are subject to plan review and inspection by the city to determine compliance with building code construction standards. No building permit shall be issued by the city without prior approval of a conditional use permit by the council. The applicant shall provide to the city all information as required by this and other applicable ordinances of the city at the time of application for a building permit. In addition to any other requirements of this or any other section of this Code, the building permit application shall include the following:

(1)

A report and plan from a qualified and registered engineer or firm that specifies the following:

a.

The tower height and design, including cross-section and elevation.

b.

The height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas.

c.

Structural mounting designs and materials list.

d.

The capacity of the tower, including the number and type of antennas that the tower can accommodate.

e.

As applicable, an engineer's stamp and number.

(2)

Structural and electrical plans showing how the proposed tower will accommodate the co-location of the applicant's antenna and comparable antennas of additional users and the plans and specifications whereby the proposed tower is designed to allow for future rearrangement of antennas to accommodate additional users and the mounting of additional antennas at varying heights.

(3)

Plans and specifications showing how the proposed facility will be maintained in keeping with building codes adopted by the city.

(Code 2006, § 17.201(10))

The city may, at any time, inspect any telecommunications tower, antenna or other facility to ensure their structural integrity. If, upon such inspection, the city's duly designated inspector determines that the facility fails to comply with such applicable codes and that such failure constitutes a danger to persons or property, then upon notice being provided to the owner of the facility, the owner shall have 30 days to bring the facility into compliance with the applicable codes and standards. Failure to bring the facility into compliance within the 30 days shall constitute cause for the removal of the facility at the owner's expense.

(Code 2006, § 17.201(11))

The applicant shall provide the city with proof of liability insurance which protects against losses due to personal injury or property damage resulting from the construction, operation or collapse of the tower, antennas or accessory equipment.

(Code 2006, § 17.201(13))

(a)

Permitted use. Wireless telecommunication antennas shall be allowed as a permitted use in all zoning districts if located or attached as follows:

(1)

Water towers. Wireless telecommunication antennas shall be permitted upon city-owned water towers provided the applicant has incorporated applicable performance standards in division 5 of this article, a lease agreement with the city has been approved by the council, a building permit has been obtained and all applicable fees have been paid.

(2)

Co-location on existing towers. Wireless telecommunication antennas shall be permitted to be attached to existing conforming church steeples; bell towers; smoke stacks; municipal, utility, hospital and school buildings; and radio towers in accordance with applicable siting guidelines and performance standards in divisions 4 and 5 of this article after the applicant has provided to the city a written statement of approval from the tower or structure owner or lessor, has obtained a building permit from the city, and has paid all applicable fees. The antenna shall not serve to extend the height of the existing, conforming steeple, tower, smokestack or radio tower by more than 15 feet.

(3)

Utility poles. Wireless telecommunication antennas shall be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility owner or lessor, has obtained a building permit from the city and has paid the necessary fees. The height of the antennas shall not extend more than 15 feet above the pole. Existing lattice utility pole structures may also be utilized provided the approval from the owner and a building permit is obtained.

(b)

Conditional use. Wireless telecommunication towers and antennas shall be permitted as a conditional use under the permit procedure set forth in article IV of this chapter in all zoning districts, and in accordance with the co-location requirements stated in division 4 of this article, performance standards in division 5 of this article and specific procedural requirements in division 4, article XI of this chapter. Conditional use permits are not required for towers or antennas used, owned or operated by the city for public safety communications purposes.

(c)

Height limitations. The following height limitations sets forth the applicable limitations of this section by zoning district and shall include all parts of the wireless telecommunication tower and antenna structure measured from the base.

(1)

Single-family R-l and R-2 districts. Permitted only on water towers, as co-located under subsection (a) of this section, or on utility facilities, not exceeding 15 feet above the height of the water tower, steeple, smokestack or radio tower, and not exceeding 15 feet above a roof or utility pole.

(2)

B-l, B-2, B-3, RD and M-l districts. Permitted only upon the grant of a conditional use permit. Height shall not exceed 15 feet above the roof of an existing conforming building or structure or, for new construction, 90 feet. All heights for these districts are above ground level.

(Code 2006, § 17.201(5))

No proposal for the construction of a new wireless telecommunication tower shall be approved unless the applicant documents to the satisfaction of the common council that the antenna planned for the proposed tower cannot reasonably be accommodated on a city-owned water tower on an existing conforming co-location tower or structure, or on a utility pole within the applicant's search ring, transcending the municipal borders, and for the purpose of providing service to the residents and businesses of the city due to one or more of the following:

(1)

The antenna would exceed the structural capacity of the existing or approved tower or building.

(2)

The antenna would cause interference with other existing or planned equipment at the tower or building.

(3)

Existing or approved towers and buildings cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to provide services to the residents and businesses of the city.

(4)

Existing or approved towers and commercial buildings are outside of the documented search area.

(5)

The owners or lessors of the existing or approved towers and buildings are unwilling to permit co-location upon their facilities.

(Code 2006, § 17.201(6))

The requirements of this division apply to all wireless telecommunications towers and antennas erected, constructed, placed, modified or replaced in the city. All wireless telecommunication towers and antennas shall be designed and situated to be visually unobtrusive, to minimize the impact upon neighboring uses, and shall conform to the design and siting criteria of this division.

(Code 2006, § 17.201(7)(intro. ¶))

The minimum setback from any property line, public right-of-way, building or structure, except for accessory buildings or equipment structures, for a wireless telecommunication tower shall be equal to 100 percent of the height of the tower. Setbacks for accessory building and equipment structures associated with wireless telecommunication towers and antennas shall comply with the zoning district in which the facility is located.

(Code 2006, § 17.201(7)(a))

All accessory equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district.

(Code 2006, § 17.201(7)(b))

When deemed applicable by the city, appropriate safety fencing shall be incorporated within the site accommodating the tower and its accessory equipment structures.

(Code 2006, § 17.201(7)(c))

When deemed applicable by the city, proper landscaping and screening shall be incorporated into the site accommodating a tower and its accessory equipment structures.

(Code 2006, § 17.201(7)(d))

All towers and their antennas and relative accessory structures shall utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible except as dictated by the Federal Aviation Administration (FAA).

(Code 2006, § 17.201(7)(e))

Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the building code. Towers and/or antenna systems shall be constructed of, or treated with, corrosive-resistant material. A regular maintenance schedule shall be followed.

(Code 2006, § 17.201(7)(f))

Roof-mounted wireless telecommunication antennas shall not be permitted on buildings with pitched roofs unless they are stealth antennas incorporated into upward thrusting architectural elements such as a church steeple, spire or bell tower, smokestack or radio tower. On flat roofs, the height of the antenna and mounting hardware may not be more than 15 feet above the highest point of the roof to which the antenna is attached.

(Code 2006, § 17.201(7)(g))

Telecommunication antennas mounted on the sides of buildings shall be attached flush with the side of the building and shall not protrude more than three feet from the side of the building. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure.

(Code 2006, § 17.201(7)(h))

No antenna or tower shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes or steady nighttime light or other illuminating devices except as may be required by the FAA.

(Code 2006, § 17.201(7)(i))

No signs and/or advertising message shall be affixed to the antenna or tower structure.

(Code 2006, § 17.201(7)(j))

No antenna or tower shall have constructed thereon or attached thereto any platform, catwalk, crow's nest or like structure for the purpose of human support, except during periods of construction and repair.

(Code 2006, § 17.201(7)(k))