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:

Antenna means any exterior apparatus designed for telephonic, radio or television communications, through the sending or receiving of electromagnetic or photovoltaic waves.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means the distance measured from ground level to the highest point on the tower or other structure, even if the highest point on the tower or structure is an antenna.

Home satellite dish means a device used to receive satellite broadcast signals, usually a parabolic, dish-shaped antenna, one meter (39.37 inches) or less in diameter.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy 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.

User means any independent entity which is marketing a service to customers in the city. For the purpose of determining the number of users co-locating, no two users shall have any common ownership ties.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

The purpose of this article is to establish general guidelines for the siting of towers and antennas. The goals of this article are to encourage the location of towers in nonresidential areas; to minimize the total number of towers in the city; to encourage the use of existing structures as an alternative to new tower construction; to encourage the joint use of new towers; to encourage the design and construction of towers and antennas which minimize the adverse visual impacts and to enhance the ability of suppliers of telecommunications services to provide such services within our city quickly, effectively and efficiently.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

This article shall apply to all towers and antennas installed and maintained within the jurisdiction of the city.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Towers and antennas installed and maintained in accordance with this article are exempt from the height limitations for buildings and structures set forth elsewhere in this Code.

(b)

Amateur radio antennas operated by a federally licensed amateur radio station operator are exempt from the provisions of this article.

(c)

Towers and antennas located on city property are exempt from height limitations set forth elsewhere in this Code and are exempt from the requirements of this article, provided a lease or franchise agreement authorizing such tower or antenna has been approved by the city, or the tower or antenna is city-owned.

(d)

Home satellite dishes are considered a residential accessory use and are exempt from the requirements of this article and are governed by article IX of this chapter.

(e)

The installation of an antenna on a building which is nonconforming in terms of current height limitations shall not be deemed to constitute the expansion of a nonconforming use.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Variances from this article may be granted in conformity with sections 50-293 through 50-295. In addition to the criteria set forth in chapter 50, article VI, the applicant must agree to accommodate co-location as the need or opportunity arises.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Land use and zoning classification. Antennas may be installed in all land use and zoning categories in the city.

(b)

Procedure for obtaining permit. All applicants for the installation of each antenna must obtain a permit from the building department of the city. The community development department reserves the right to require improvements, modifications and location revisions for proposed antennas in order to lessen the visual impact or adverse safety impact of such installations.

(c)

Placement, height and color restrictions. Antennas may be installed on existing structures such as a building, lightpole or other freestanding structure, provided that:

(1)

The antenna shall not add more than ten feet to the height of the building, lightpole or freestanding structure;

(2)

If the antenna is installed on a flat roof of a structure which is 30 feet in height or greater, the antenna shall not add more than 15 feet to the height of the structure;

(3)

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; and

(4)

No illumination or lighting shall be permitted unless required by the FAA.

(d)

Federal requirements and safety standards. All antennas must meet or exceed current standards and regulations by the FAA, FCC and all other agencies of the federal government with the authority to regulate antennas. If such standards are changed, the owners of the antennas governed by this article shall bring such antennas into compliance with the revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the antenna at the owner's expense.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Land use and zoning classifications. Towers may only be installed and constructed in areas that have a future land use designation of commercial neighborhood, commercial general, institutional or public/semi-public, and that have a zoning classification of commercial neighborhood (CN), commercial general (CG), public/semipublic (PSP, excluding city) or industrial limited (IL).

(b)

Procedure for obtaining permit. All applicants for the installation and construction of a tower must obtain a permit from the building department of the city. The permitting procedure is a two-step process:

(1)

Step 1. The applicant shall submit a preliminary application to the community development department of the city in compliance with the requirements of subsection (c) of this section.

(2)

Step 2. Upon review and acceptance of the preliminary application and design plans and specifications by the building department, the applicant must request a hearing before the city council. Upon approval by city council and review and acceptance of all final construction documents, the building department shall issue a permit.

(c)

Preliminary permit application. All applicants for new towers shall investigate the possibility of shared use of available space on existing towers prior to requesting approval for a new tower. Documentation of the applicant's efforts to obtain shared space on existing towers shall be submitted as part of any application for approval.

(1)

Step 1. Criteria. The preliminary application submitted to the community development department shall demonstrate to the satisfaction of the community development department that there is no existing tower or structure that can accommodate the applicant's proposed needs.

a.

Evidence. Evidence that the applicant may submit to demonstrate step 1 may consist of, but not be limited to, the following:

1.

Geographic area. No existing tower or structure is located within the geographic area required to meet the applicant's engineering requirements;

2.

Insufficient height. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements;

3.

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

4.

Electromagnetic interference. That placement of the applicant's antenna or existing towers or structures would result in electromagnetic interference;

5.

Fees and costs. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure for a time period of 25 years exceed the cost of developing a new tower;

6.

Modification or replacement. It is not financially feasible to modify or replace an existing tower to accommodate the proposed antenna; and

7.

Other limiting factors. Evidence of other limiting factors that render existing towers and structures unsuitable.

b.

Community development department review and approval of preliminary application. The community development department will review the preliminary application and advise the applicant, in writing, whether the preliminary application establishes that there is no existing tower or structure that can accommodate the applicant's proposed needs. The community development department may verify applicant representations that a new tower is required with review by a state-licensed professional engineer, specializing in the technical aspects of communication tower siting. The expenses incurred by such review shall be borne by the applicant.

(2)

Step 2. Additional criteria. Upon acceptance of the preliminary application, the applicant shall submit design plans and specifications which shall comply with all applicable codes, including but not limited to the Southern Building Code Congress International and the following additional criteria:

a.

Single user. Single-user towers shall not exceed 90 feet in height.

b.

Two users. Towers designed for two users shall not exceed 120 feet in height.

c.

Three users. Towers designed for three users shall not exceed 150 feet in height.

d.

Multiple users. Towers designed for multiple users may add 20 feet for each additional user, provided that additional height may not be added until the additional user actually commences use thereof, and provided further, that the total height shall not exceed 160 feet; proper clearance height, spacing and frequency for multiple use per all applicable codes is the responsibility of users.

e.

Neutral color. Towers and supporting structures shall be a neutral, nonglare color or finish, so as to reduce visual obtrusiveness, and shall meet applicable standards of the FAA. The city council may require as a condition of approval that the tower be constructed so as to be camouflaged or incorporate other stealth aspects to assure compatibility with the surrounding area.

f.

Setback requirement. Towers shall be set back from existing residential or nonresidential uses a distance equal to the height of the tower. The distance shall be measured from the base of the tower to the residential or nonresidential property line. Tower guys and accessory facilities must satisfy the minimum set back requirements set forth in this chapter for the particular zoning district.

g.

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with an appropriate anti-climbing device. Access to the tower shall be through a locked gate. The city council may require solid fencing or a wall as a condition of approval.

h.

Landscaping.

1.

Landscaping shall be required around the perimeter installed on the outside of fences. The community development department may waive this standard for those sides of the proposed communication facility that are located adjacent to nonresidentially zoned undevelopable lands or land not in public view;

2.

Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for, or in supplement toward, meeting the landscaping requirements;

3.

Landscaping shall be in accordance with chapter 58, article V; and

4.

Xeriscaping is encouraged, and in those cases where it is used, the requirement for an irrigation system is waived, provided such landscaping is sustained and is properly maintained.

i.

Advertising. No tower or antenna shall be used for advertising of any type or the placement of signs, other than warning or required FAA signs, is strictly prohibited.

j.

Federal requirements and safety standards. All towers must meet or exceed current standards and regulations by the FAA, FCC and all other agencies of the federal government with the authority to regulate towers. If such standards are changed, the owners of the towers governed by this article shall bring such towers into compliance with the revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. On February 1, one year after each tower receives a certificate of completion, each tower owner/operator is required to present to the building department of the city a certification by a qualified, state-licensed professional engineer that the tower meets all applicable codes as to structural and aesthetic integrity. At that time the owner/operator also shall provide the community development department with written certification as to the current user occupancy at every level of its tower, including user type, name, address, telephone and fax numbers. Failure to bring towers into compliance with such revised standards and regulations shall constitute grounds for removal of the tower at the owner's expense.

k.

Construction codes.

1.

All towers must be constructed, installed and maintained in accordance with all applicable construction codes and engineering specifications which include ANSI/TIA/EIA standards as well as the standards set forth by the Electronic Industries Association.

2.

If, upon inspection, the community development department finds that the structural integrity of a tower or antenna constitutes a danger to persons or property, the owner of the tower or antenna shall be given written notice of the condition and shall have 30 days to bring the tower or antenna into compliance in accordance with the standards set forth in the applicable codes.

3.

Any related structural plans, specifications and structural repairs shall require sealed verification by a state-licensed, qualified and experienced engineer retained by the owner.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

If the building department fails to properly review and accept the preliminary application and/or the design plans and specifications, the applicant may appeal such actions to the city manager. The applicant shall notify the city manager in writing of the desire to appeal and the city manager shall schedule an appeal conference with the applicant within two weeks.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Upon review and acceptance by the community development department of the preliminary application, including the design plans and specifications, the applicant shall submit a request for a public hearing in accordance with sections 70-227 and 70-228. The city manager shall schedule such public hearing before the city council within 21 calendar days of receipt of such request upon approval by city council, the applicant shall submit all final plans, specifications and related contractual documents evidencing that the applicant is ready to commence construction. Upon final review and approval by the community development department, a permit for the installation of the communication tower will be issued.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Any tower or antenna that has not been used for a period of 90 consecutive days shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the city manager or designee who shall have the right to request documentation and/or affidavits from the tower owner/operator regarding the active use of the tower or antenna. The owner/operator shall have 90 days from the date of the city manager or designee's determination of abandonment to:

(1)

Notify the city and reactivate the use of the tower or antenna or to transfer the tower or antenna to another owner/operator who makes actual use of the tower.

(2)

Remove the abandoned antenna(s) and reduce the tower height accordingly or if all users are abandoned, then dismantle and remove the entire tower. Such reduction or dismantling shall be accomplished within 60 calendar days of the discontinuance by the user, provided such reduction allows continued operations by the remaining users, subsequent to any appropriate height and equipment adjustments. If the owner/operator fails to dismantle and remove such abandoned tower or antenna, the owner of the land upon which such tower or antenna is located shall be responsible for such dismantling and removal.

(3)

Failure to comply constitutes a violation of the City Code. Any previously granted variances or other approvals will terminate if the tower or antenna is not reactivated within 90 calendar days of such determination, or upon completion of dismantling and removal.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)