In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to:

   (A)   Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;

   (B)   Minimize adverse visual effects of towers, and development inconsistent with the city's comprehensive plan, through careful location, design and siting standards;

   (C)   Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

   (D)   Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

(Ord. 2002-10-04, passed 10-8-2002)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas such as whip antennas.

   CO-LOCATION. Requirement that towers be structurally designed to accommodate multiple users and regulated to require multiple users.

   COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed (or authorized by F.C.C.) commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

   PUBLIC UTILITY. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this subchapter, commercial wireless telecommunication service facilities shall not be considered public utility uses and are defined separately.

   TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

   TOWER, MULTI-USER. A tower to which is attached the antennas of more than 1 commercial wireless telecommunication service provider or governmental entity.

   TOWER, SINGLE-USER. A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code.

(Ord. 2002-10-04, passed 10-8-2002)

   Construction and placement of towers in all zoning districts shall require a conditional use permit. As part of the conditional use, the applicant shall reimburse the city for all administrative, technical and legal costs incurred by the city in reviewing the application. The continuing validity of a conditional use permit is contingent upon payment of these costs. Permittee shall notify the city prior to transfer of the permit to a third party.

(Ord. 2002-10-04, passed 10-8-2002)

   Towers in residentially zoned areas shall be allowed only as follows.

   (A)   Towers supporting licensed amateur radio, citizen band radio and television antennas, conforming to all applicable provisions of this code, shall be allowed only in the rear yard of residentially zoned parcels. Roof mounted structures supporting satellite dishes, and radio, television and telephone antennas shall be allowed.

   (B)   Towers supporting commercial antennas and conforming to all applicable provisions of this code shall be allowed only in the following residentially zoned locations:

      (1)   Church sites, when camouflaged such as within steeples or bell towers;

      (2)   Park sites, when compatible with the nature of the park; and

      (3)   Government, school, utility, and institutional sites.

(Ord. 2002-10-04, passed 10-8-2002)

   All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements.

   (A)   A proposal for a new commercial wireless telecommunication service tower shall be supported with a showing by the applicant that a significant coverage gap exists for wireless services users in the city that can be adequately filled by the proposed location and that such location is the least intrusive alternative available to fill the service gap. To demonstrate that the proposed location is the least intrusive alternative the applicant must show that no other antenna locations provide or would provide adequate coverage to the proposed area within the city. Further, an application for new wireless service shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a 1 mile search radius of the proposed tower due to 1 or more of the following reasons:

      (1)   The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;

      (2)   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;

      (3)   Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer;

      (4)   Other reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

   (B)   Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for multiple users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(Ord. 2002-10-04, passed 10-8-2002)

   All towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the requirements set forth in Chapter 150.

(Ord. 2002-10-04, passed 10-8-2002)

   Proposed or modified towers and antennas shall meet the following design requirements.

   (A)   Towers and antennas shall be designed to blend into the surrounding environment through the use of color and/or camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

   (B)   Commercial wireless telecommunication service towers shall be of a monopole design.

(Ord. 2002-10-04, passed 10-8-2002)

   Towers shall conform with each of the following minimum setback requirements.

   (A)   In residentially zoned areas, the required setback for antenna and tower not rigidly attached to a building shall be not less than the height of the antenna and tower, or the setback requirements under §§ 153.045 et seq., whichever is greater.

   (B)   Non-residentially zoned areas, the required setback from adjacent property, street or existing or planned public right-of-way for the tower shall not be less than the height of the tower, including all antenna and other attachments, or the setback under §§ 153.045 et seq., whichever is greater.

   (C)   Towers shall not be located between a principal structure and a public right-of-way, with the following exceptions: in industrial zoning districts, towers may be placed within a side yard abutting an internal industrial public right-of-way or easement;

   (D)   An exception to the setback requirement under this section, and §§ 153.045 et seq., shall be allowed in industrial districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easement;

   (E)   In its sole discretion, the City Council may reduce a tower setback otherwise required by ordinance for the purpose of allowing integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure, where credible engineering data presented by the applicant demonstrates no safety risk from the setback modification.

(Ord. 2002-10-04, passed 10-8-2002)

   Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(Ord. 2002-10-04, passed 10-8-2002)

   The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(Ord. 2002-10-04, passed 10-8-2002)

   All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetive screening better reflects and complements the architectural character of the surrounding neighborhood.

(Ord. 2002-10-04, passed 10-8-2002)

   Abandoned or unused towers or portions of towers shall be removed as follows.

   (A)   All abandoned or unused towers and associated facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the City Council. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. The owner of the tower must provide written notice to the city immediately upon cessation of operations at the site. All sales must be reported to the city. In the event that a tower is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property, unless the property is owned by the city. In such case the lessee shall be obligated to pay the costs of said removal.

   (B)   Unused portions of towers above a manufactured connection shall be removed within 6 months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.

   (C)   The owner of the tower shall maintain the structure in a safe condition. Non-maintained towers or unsafe conditions are subject to enforcement under Chapter 95 or Chapter 150.

(Ord. 2002-10-04, passed 10-8-2002)

   (A)   The placement of wireless telecommunication antennas on roofs, walls, and existing towers may by approved by the City Council, provided the antennas meet the requirements of this Code, after submittal of:

      (1)   A final site and building plan as specified by the City Code; and

      (2)   A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna and the proposed method of affixing the antenna to the structure.

   (B)   Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

(Ord. 2002-10-04, passed 10-8-2002)

   No telecommunications service governed under this section shall interfere with public safety telecommunications transmissions. All applicants for new service or changes in existing service shall be accompanied by an intermodulation study, carried out at applicant's expense, that demonstrates no interference with public safety telecommunications transmissions. In the event a permittee creates radio frequency interference with public safety telecommunications, after documentation by credible testing, the permittee shall remedy the interference within 5 business days, at its sole cost, or be subject to revocation of the permit granted by the city.

(Ord. 2002-10-04, passed 10-8-2002)

   In addition to the information required elsewhere in this Code, development applications for towers shall include the following supplemental information:

   (A)   A report from a qualified and licensed professional engineer which:

      (1)   Describes the tower height and design, including a cross section and elevation;

      (2)   Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

      (3)   Describes the tower's capacity, including the number and type of antennas that it can accommodate;

      (4)   Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

      (5)   Includes an engineer's stamp and registration number;

      (6)   Includes soil sample reports, which indicates sufficient ground support; and

      (7)   Includes other information necessary to evaluate the request;

   (B)   For all commercial wireless telecommunication service towers, a written commitment from the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use;

   (C)   Before the issuance of a building permit, the following information shall be submitted:

      (1)   Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and

      (2)   A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards;

   (D)   Towers on city-owned property shall comply with the following:

      (1)   When a permit is granted for the construction of a tower on city-owned property, the applicant shall obtain adequate insurance and commit to a lease agreement which includes compensation for the use of public land and other necessary provisions and safeguards. The compensation shall be established by the City Council after considering the comparable rates in other cities, potential expenses, risks to the city and other appropriate factors;

      (2)   The applicant will submit a letter of credit, performance bond or other security acceptable to the city to cover the estimated costs of antenna or tower removal, in the event the tower is built and the owner fails to remove it;

      (3)   The applicant must reimburse the city for any cost it incurs due to the presence of the applicant's antennas or towers;

      (4)   When a permit is granted for the construction on industrial, business or any type of residential land, the applicant shall present a letter certifying that there is a bond or insurance on the property to cover any accidents or costs, such as power outages, personal or property damages, which may occur because of the presence of the applicant's antennas or towers;

      (5)   The applicant shall pay all costs incurred by the city related to the application, including engineering, legal, testing, research and all other costs;

   (E)   Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.

(Ord. 2002-10-04, passed 10-8-2002)

   (A)   Structure height.

      (1)   The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions of this section.

      (2)   The final determination of height shall be made by the City Council in accordance with the guidelines of divisions (B) and (C) of this section.

   (B)   Height limitations.

      (1)   In all residential zoning districts, the maximum height of any tower, including all antennas and other attachments shall be 30 feet. An exception shall allow the total height of the structure, including antenna, shall not exceed 10 feet above the place of attachment on the roof.

      (2)   In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed 199 feet, subject to the set back requirements under § 153.162 and §§ 153.045 et seq.

   (C)   Applicability. In accordance with the Federal Communications Commission's preemptive ruling PRB1, towers erected for the primary purpose of supporting licensed amateur radio antennas may exceed 75 feet in height, provided that a determination is made by the City Council that the proposed tower height is technically necessary to successfully engage in amateur radio communication.

(Ord. 2002-10-04, passed 10-8-2002)

   (A)   Permits.

      (1)   It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, replace, or make major repairs on any tower without first making application for a building permit and securing a permit therefor as hereinafter provided. In emergency situations, the tower owner may make repairs on the condition it seeks a permit within 48 hours of commencing the repairs.

      (2)   The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

      (3)   Permits are not required for:

         (a)   Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor;

         (b)   Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that all requirements are met. Temporary antennas shall be removed within 72 hours following installation or the ending of the emergency.

   (B)   Fee. The fee to be paid is that prescribed under building permit fees.

   (C)   Construction requirements. All antennas and towers erected, constructed, or within the city, and all wiring therefor, shall comply with the following requirements:

      (1)   All applicable provisions of this code;

      (2)   Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association;

      (3)   With the exception of necessary electric and telephone service and connection line approved by the Issuing Authority, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line;

      (4)   Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code;

      (5)   All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least 8 feet above the ground at all points, unless buried underground;

      (6)   Every tower affixed to the ground in a non-residential zone shall be protected by a perimeter fence of a minimum 6 foot height to discourage climbing of the tower by unauthorized persons;

      (7)   All towers shall be constructed to conform with the requirements of the most current applicable E.I.A. tower standard;

      (8)   Antennas and towers shall not be erected in any R-1, R-2, and R-M zoning districts in violation of the following restrictions:

         (a)   The height of any tower and antenna shall be equal to less than 5 feet of the length of the distance from the base of the antenna and tower to the nearest overhead power line which serves more than 1 dwelling or place of business;

         (b)   Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances;

      (9)   All towers erected within the city must conform to the applicable performance standards in Chapter 150 of this Code.

   (D)   Existing antennas and towers. Antennas and towers in residential districts and in existence as of February 8, 2001, which do not conform to or comply with this subchapter are subject to the following provisions.

      (1)   Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.

      (2)   If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be 10% or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this section.

   (F)   Lights and other attachments. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.

   (G)   Number of towers and antennas. Only one tower shall exist at any one time on any one residential parcel as defined in the City Zoning Code.

   (H)   Inspections. All towers may be inspected at least once each year by a city official to determine compliance with original construction standards. The cost of the inspection shall be the responsibility of the property owner or tower owner if the property is leased. Deviation from original construction for which a permit is obtained constitutes a violation of this section. Notice of violations will be sent by registered mail to the owner and he or she will have 30 days from the date the notification is issued to make repairs, unless a public safety emergency exists under Chapter 95. The owner will notify the City Clerk that the repairs have been made, and as soon as possible, another inspection will be made and the owner notified of the results. At the city's request, the tower owner shall provide on an annual basis proof of compliance with federal R.F radiation emissions standards. If the owner does not promptly provide such proof with annual testing in accordance with federal R.F. radiation emission standards, the city may retain a qualified testing engineer, the cost of which shall be borne by the tower owner to assure compliance herewith.

   (I)   Violations. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.

   (J)   Interpretation. It is not the intention of this section to interfere with, abrogate, or annul any covenant or other agreement between parties; provided, however, where this section imposes a greater restriction upon the use or premises for antennas or towers than are imposed or required by other ordinances, rules, regulations, or permits, or by covenants or agreements, the provisions of this section shall govern.

(Ord. 2002-10-04, passed 10-8-2002)