(a)

Purpose and scope.

(1)

Purpose. To establish standards for siting, installation, and construction of wireless communication facilities to ensure the availability of wireless telecommunications and wireless broadband service to the public; to discourage location of wireless communication support structures in residentially zoned districts; and to minimize adverse impacts of areas with wireless communication facilities.

(2)

Conflicts with other ordinances. This article [section] supersedes all ordinances or parts of ordinances adopted prior hereto that are in conflict herewith, to the extent of such conflict. Amateur radio/citizen radio antennas under section 118-14(e)(9) shall be exempt from the requirements of this section 118-18.1.

(3)

Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this article [section], the wireless provider shall comply with the requirements of this article [section] to the maximum extent possible without violating federal or state laws or regulations.

(b)

Definitions.

Support structure—Any structure designed, constructed, and installed specifically to support an antenna array, which may include a monopole, tower, mast, stayed mast and other similar structures.

Wireless communication facility—Any unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array, transmission cables, equipment facilities, and a support structure.

(c)

Building permit required. It shall be unlawful to install, construct, or increase the height of any wireless communication facility or support structure without first obtaining a building permit. City approval of a site plan is required before a building permit is issued.

(d)

Special use permit required.

(1)

It shall be unlawful to install or construct any new wireless communication facility, support structure, or accessory facility without first obtaining a special use permit from the city, pursuant to section 118-13—special uses of chapter 118—zoning.

(2)

In addition to applying for a special use permit pursuant to section 118-13—special uses of chapter 118—zoning, applications for a special use permit for a wireless communication facility shall include the following information:

(3)

Documentation in written and graphic form regarding the service area to be provided by the proposed wireless communication facility, including propagation maps demonstrating that the facility, with co-location capabilities, is no higher in elevation than necessary.

(4)

A scaled plan, scaled elevation view, and other supporting drawings, calculations and other documentation, signed and sealed by the appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The city zoning official may require other information to assess compliance with this article [section]. Additionally, the applicant shall provide actual photographs of the site that include simulated photographic image of the proposed tower.

(5)

An engineering report which includes a statement of justification for the proposed site selection.

(6)

The city zoning official may require review by a professional licensed engineer of any of the information required above, or any other information in the discretion of the city zoning official. The costs incurred for such review shall be paid by the applicant.

(7)

The applicant shall submit a written commitment to the city that it shall allow other wireless carriers to co-locate antennas and other wireless facilities on the proposed facility. Applicants shall demonstrate a good-faith effort to co-locate with other service providers by submitting evidence of contact with other licensed carriers operating in the city and written justification from said carrier and the applicant if co-location is not feasible. In the event that other carriers fail or refuse to respond to the applicant, submittal of certified mail receipts and copies of correspondence shall be considered demonstration of good-faith effort. In determining feasibility of co-location, the city shall consider the following factors:

a.

No existing support structures are located within the geographic area that required to meet applicant's engineering and coverage requirements.

b.

Existing support structures are not sufficient height to meet applicants engineering and coverage requirements.

c.

Existing support structures do not have sufficient structural strength to support applicants proposed equipment.

d.

The applicant's proposed antenna would cause interference with the existing antenna on the support structure, or the existing antenna on the support structure would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently objectively unreasonable.

f.

Any other limiting factor that render existing support structures unsuitable as demonstrated by the applicant to the satisfaction of the city zoning official.

(e)

Regulation of wireless communication facilities.

(1)

An antenna array is permitted by right to co-locate on any existing support structure, provided the installation thereof does not increase the height of the existing structure by more than 20 feet, to a maximum of 199 feet. Co-locating shall not require a special use permit, but shall require a site plan approval by the city. Any increase in height of an existing support structure greater than 20 feet shall require a special use permit. Under no circumstances shall the total height of a support structure, including all facilities installed, exceed 199 feet. No wireless communication facility shall be permitted in any residential district unless approved by a majority vote of the city council.

(2)

For new wireless communications facilities, monopoles will be considered preferrable to any other support structure. Any special use permit for installation or construction of a support structure other than a monopole shall include a representation that a monopole support structure is infeasible.

(3)

Except as required by any state or federal authority, support structures shall be designed in the same color, lighting, materials and architecture to conform in appearance with the immediate surrounding area, unless infeasible.

(4)

Support structures must be designed to collapse entirely within the lot lines of the parcel where the support structure is installed or constructed.

(5)

Any support structure must be set back from lot lines no less than 100 percent of the height of the support structure. Any support structure intended to be installed or constructed within setbacks less than 100 percent of the height of the support structure must obtain a variance. Guy wires and accessory facilities must be set back a minimum of 25 feet from any property line.

(6)

Satellite and microwave dishes attached to any support structure shall not exceed six feet in diameter.

(7)

No commercial advertising or any signage shall be allowed on any antenna, support structure, or wireless communication facility.

(8)

Signals, lights, or illumination shall not be permitted on any wireless communication facility or any support structure, unless required by the Federal Communication Commission (FCC), the Federal Aviation Administration (FAA), or any state or federal authority.

(f)

Maintenance and regulatory compliance. All wireless communication facilities and support structures shall be maintained in good repair and condition, and shall be in compliance with standards of any applicable state, federal, and local building codes and regulations.

(g)

Removal of wireless communication facilities. Any wireless communication facility, antenna, or support structure that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of each such wireless communication facility, antenna, or support structure shall remove the same within 60 days of receipt of notice from the city that such wireless communication facility, antenna, or support structure is deemed abandoned and must be removed. Removal shall mean leveling any structure to the ground and removing all materials related to the wireless communication facility from the site and restoring the site to its original condition.

(Ord. No. 2809, § 9, 8-5-2024)

Editor's note— Ord. No. 2809, § 9, adopted August 5, 2024, added provisions set out as § 118-18A. In order to maintain the numbering style of the Code, and at the editor's discretion, the provisions have been added as § 118-18.1.