The purpose of this article is to facilitate the rapid expansion of the wireless telecommunications industry through the use of reasonable and nondiscriminatory policies designed to encourage growth and competition for the benefit of the citizens of the city, but at the same time to protect the public against any adverse impact upon the city's aesthetic resources, avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements, maximize the use of existing and approved towers and buildings through co-location and protect the public health, safety and welfare. Furthermore, it is the goal of this article to establish general guidelines for the siting of towers and antennas for commercial wireless telecommunications and to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

(2)

Encourage strongly the joint use of new and existing tower sites;

(3)

Encourage users of towers and antennas to locate them, to the greatest extent possible, in areas where adverse impact on the community is minimal;

(4)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

(5)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

(Ord. No. 2003-29, § 1, 12-15-03)

(a)

The terms and conditions of this article shall apply to all towers and antennas emitting and/or receiving radio wave frequencies. This includes, but is not limited to, AM/FM radio, television, cellular, pagers, faxes and computers. Ham radio and CB radio towers shall not be subject to this article. Ham radio and CB radio towers shall be allowed a maximum height of thirty-five (35) feet in any zoning district.

(b)

All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) 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 towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(c)

The owner of a tower shall ensure that it is constructed and contained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronics Industries Association, as amended from time to time. If, upon inspection by the City's Inspection Department, the city concludes that if a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the city may order the removal or cause the removal of such tower at the owner's expense.

(d)

Each application for the construction of a wireless telecommunication facility shall include a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with the radio, television and public safety communications devices or other services enjoyed by adjacent residential and nonresidential properties. The certificate shall be notarized and recorded by the applicant.

(e)

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove said tower within ninety (90) days of the receipt of notice from the city notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the city may remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(f)

Towers shall not display signs or advertisements for commercial or noncommercial purposes, unless such signs are for the purpose of providing warning or specific equipment information.

(g)

Towers shall be engineered and constructed to accommodate co-location of more than one (1) antennae as required by Section 1102(e) of this article.

(Ord. No. 2003-29, § 1, 12-15-03)

(a)

Construction of new towers and/or antennas will be considered as permitted uses under the following conditions:

(1)

If the antenna is to be co-located on any existing tower in conformance with the conditions of this article;

(2)

If the tower and/or antenna is to be located on city-owned property, buildings or structures. This provision shall be subject to administrative review by the city.

(b)

Construction of new towers and/or antennas will be considered as a special exception in the agricultural (A-1), agricultural/industrial (A-2), highway commercial (C-3), general commercial (C-4), light industrial (L-1), heavy industrial (L-2) and planned unit developments (PUD). New towers and/or antennas shall only be permitted in the Historic Vicksburg District if such tower or antenna is located within an existing structure, such as a church steeple, so as to be completely enclosed and not visible from any public right-of-way; of if the tower or antenna is located on top of an existing building provided that the tower and/or antenna does not extend further than fifteen (15) feet beyond the highest point of the building. If the tower or antenna is located on an existing building, it does not have to be enclosed from view from the public right-of-way.

(c)

Applicants for the proposed construction of new towers and antennas must submit the following information with their application:

(1)

Site and landscape plans drawn to scale and indicating tower height, elevations, topographical contours, location, accessory structures, access to tower site, and proposed fencing.

(2)

Environmental analysis or statement signed by a licensed professional engineer indicating RF emissions do not exceed FCC standards.

(3)

Documentation that existing towers will not accommodate proposed antenna.

(4)

A list of all tower owners contacted, date of contact, and the form and content of contact see Section 1022(e).

(5)

A statement of intent to share space on the tower.

(d)

All towers greater than seventy-five (75) feet in height erected, constructed, or located within the city shall comply with the following requirements:

(1)

Any proposed tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred thirty (130) feet in height or for at least one (1) additional user if the tower is over seventy-five (75) feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(2)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing tower or other structure can accommodate the applicant's proposed antenna within a one (1) mile search radius, one-half (½) mile for towers under one hundred fifty (150) feet in height, one-quarter (¼) mile for towers under one hundred (100) feet in height of the proposed tower. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area that meets the applicant's engineering requirements.

b.

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

c.

Existing towers or structures do not have sufficient structural capacity to support the applicant's proposed antenna and related equipment and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.

d.

The applicant's proposed antenna would cause electromagnetic interference with an antenna on any existing towers or structures, or an antenna on the existing tower or structure would cause interference with the applicant's proposed antenna.

e.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower construction are presumed unreasonable.

f.

Nothing in these rules and regulations shall be construed to interfere or limit the rights of parties to set rent or establish other terms and conditions of the shared use of a tower or facility.

(3)

Any evidence submitted to the city in order to meet the above listed requirements of Section 1102(d)(2) shall be documented by a qualified and licensed professional engineer.

(e)

The following conditions apply to the location of proposed new towers:

(1)

To the greatest extent possible, all new communications towers will pursue the possibility of location on city-owned structures or property.

(2)

Towers cannot be within three hundred fifty (350) feet of schools, parks, playgrounds, or day care centers. The three hundred fifty (350) feet shall be measured from property line to property line.

(3)

Towers cannot be within one thousand (1,000) feet of any property or lands held in title or maintained by the U.S. Department of the Interior or the National Park Service.

(4)

The distance between towers may not be closer than one-quarter (¼) of a mile unless they meet the conditions and requirements set forth in Section 1102(d).

(f)

Guyed and lattice towers shall be prohibited.

(Ord. No. 2003-29, § 1, 12-15-03; Ord. No. 2004-11, §§ 1, 2, 6-7-04)

All new towers shall be subject to the setback requirements of the zoning district they are to be located within. The zoning board of appeals may require more stringent setbacks in order to offset possible health, safety, or aesthetic concerns.

(Ord. No. 2003-29, § 1, 12-15-03)

(a)

Towers shall not be illuminated through the use of artificial lights such as strobe lights or other lighting devices unless specifically required by the FAA or other state and federal government agencies. Light fixtures may be attached if it is part of the design incorporated into the tower structure to be used for the illumination of athletic fields, parking lots, streets or other similar areas. Lighting of the accessory buildings for basic security purposes is permissible but may not result in unnecessary glare on adjacent properties in residentially zoned areas.

(b)

Should lighting be required by state or federal law the lighting shall be placed on the tower and designed in such a way as to minimize the glare on adjacent residential properties. In these instances, dual lighting shall be used. Dual lighting is considered as strobe lighting during the daylight hours and red lighting during nighttime hours.

(Ord. No. 2003-29, § 1, 12-15-03)

(a)

To the greatest extent possible, towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging.

(b)

Existing on-site vegetation will be preserved to the maximum extent possible.

(c)

Where the proposed tower site abuts residential zones, the site perimeter shall be landscaped with at least one (1) row of deciduous trees, not less than one and one-half (1½) inches in diameter at the time of planting, measured three (3) feet above the grade not more than twenty (20) feet apart, on-center, within twenty-five (25) feet of the site boundary. The zoning board of appeals may permit alternatives such as walls or fences based on security or aesthetic reasons.

(d)

Fences, if required, shall be colored or be of a design which blends into the character of the existing environment.

(e)

Towers shall be constructed of a material with a neutral color designed to blend in with the surrounding land uses. Towers two hundred (200) feet or less in height shall have a galvanized finish or a silver paint. If heavy vegetation is in the immediate area, towers shall be painted a shade of green as to match the vegetation from the base of the tower to the tree line, with the remainder painted silver or given a galvanized finish. Towers greater than two hundred (200) feet in height shall be painted according to the regulations of the FAA.

(f)

The city may require additional screening or otherwise require design modifications to insure that the attractiveness and the aesthetic quality of the area is not adversely affected.

(Ord. No. 2003-29, § 1, 12-15-03)

Antennas mounted on rooftops or above a structure shall be screened, constructed and/or colored to match the structure to which they are attached. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Microwave antennas exceeding twelve (12) inches in diameter on a roof or building-mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed. If an accessory equipment shelter is present, it must blend with the surrounding building(s) in architectural character or color.

(Ord. No. 2003-29, § 1, 12-15-03)

All applicants shall pay a fee of five hundred dollars ($500.00) upon submittal of an application for a new tower or antenna. The application shall be subject to all building permit and plan check review fees as established by the city.

(Ord. No. 2003-29, § 1, 12-15-03)

See Section 505, Penalties, for violation.

(Ord. No. 2003-29, § 1, 12-15-03)

Except as herein specified, any nonconforming telecommunications tower may be continued in operation and maintained after the effective date of this ordinance; provided, however, that no such telecommunications tower shall be changed in any manner that increases the noncompliance of such tower with the provisions of this ordinance for the zone in which such tower is located.

(Ord. No. 2003-29, § 1, 12-15-03)

If, for any reason, one (1) or more sections, headings, clauses or parts of this ordinance (article) are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance (article), but shall be confined to the special sections, headings, clauses or parts of the ordinance (article) held invalid, and the invalidity or any section, heading, clause or part of this ordinance (article) in any one (1) or more instances shall not affect or prejudice in any way the validity of this ordinance (article) in any other instance.

(Ord. No. 2003-29, § 1, 12-15-03)

The city shall approve an application for an "eligible facilities request," under 47 U.S.C. 1445(a), that will improve public safety by providing advanced wireless technologies to public safety agencies and first responders within fifteen (15) days of submission (adjusted for any tolling due to lawful requests for additional information or mutually agreed upon extensions of time).

(Ord. No. 2022-03, § 2, 4-4-22)