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 structure or device used to collect or radiate electromagnetic waves, including, but not limited to, directional antennas (such as, panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as, whips), but not including satellite earth stations.

Collocation means locating wireless communications equipment from more than one (1) provider on a single site.

Commercial wireless telecommunication services means licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Concealed or camouflaged tower means communication towers and associated equipment which are totally concealed within an architectural feature of a building or within a structure, or camouflaged so they are architecturally indiscernible. Examples of concealing structures are church steeples, flagpoles, light fixtures, and signs. Examples of camouflaging are towers disguised as trees, clock and/or bell towers, and public art.

Guyed tower means a communication tower that is supported, in whole or in part, by guy wires and ground anchors.

Lattice tower means a guyed or self-supporting open, steel frame structure, with three (3) or more sides, that is used to support telecommunications equipment.

Monopole tower means a communication tower consisting of a single pole, constructed without guy wires and ground anchors.

Public utility means persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or landline telephone service to the general public. For the purpose of this article, commercial wireless telecommunication services shall not be considered public utility uses, and are defined separately.

Telecommunication tower ortower means a monopole, guyed, or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure, or equipment, that contains one (1) or more antennas intended to transmit or receive television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication. The term shall not include any structures erected solely for a noncommercial individual use such as residential television antennas, residential satellite dishes, and ham radio antennas.

(Code 1993, § 27-148)

(a)

The regulations and requirements of this article are intended to:

(1)

Provide for the appropriate location and development of commercial wireless telecommunication towers and antennas to serve the residents and businesses of the city while protecting the public health, safety, and general welfare of the community.

(2)

Minimize adverse visual effects of towers through careful design, siting, and vegetative screening.

(3)

Avoid potential drainage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(4)

Maximize use of any new or existing communication tower to reduce the number of towers needed.

(b)

This article is not intended to regulate structures erected solely for noncommercial, individual use such as residential television antennas, residential satellite dishes, and ham radio antennas.

(c)

In addition to the regulations contained in this section, all commercial wireless telecommunication service providers shall provide written documentation that they are/will be in compliance with the FCC Federal Radio Frequency Emission Standards and that the output power from the tower shall not exceed federally approved levels for exposure to electronic magnetic force (EMF).

(Code 1993, § 27-147)

(a)

A building and electrical permit is required for all towers and/or antennas, whether constructed at ground level or installed on buildings or other structures. All towers shall be constructed and operated in compliance with the state building codes.

(b)

A set of plans bearing an engineer's seal and a site plan demonstrating compliance with these regulations must be submitted to, reviewed and approved by the Technical Review Committee of the city.

(c)

All tower owners shall carry liability insurance against failure of the tower in an amount of, at minimum, one million dollars ($1,000,000.00).

(d)

All new towers and those antennas collocated on city-owned facilities or property shall require special use permits, which necessitate approval by the Planning Board and Board of Adjustment after a public hearing. Collocation of telecommunication antennas on existing noncity-owned towers where an increase in height is not required may be approved at staff level.

(1)

A special use permit for a telecommunication tower shall expire five (5) years after the effective date of the permit approval by the Board of Adjustment.

a.

A permittee wishing to continue the use of a specific tower must apply for a renewal of the special use permit at least six (6) months prior to the expiration of the permit.

b.

In considering the request for the renewal of the special use permit, the Board of Adjustment shall consider the impact that any changes in technology since the original permit approval may have had on the need for the tower or the tower's design.

c.

The tower shall be required to meet the standards of this chapter that are in effect at the time of reapplication.

(2)

Administrative reviews and administrative appeals must occur before an applicant can go to court, in compliance with the normal regulations of this chapter.

(e)

All telecommunications towers existing on the effective date of the ordinance from which this article is derived shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction, other than routine maintenance on an existing tower, shall comply with the requirements of this section.

(f)

An applicant shall ensure in a signed and notarized document that the tower and/or equipment will not cause radio, television, and similar reception at adjoining properties to be disturbed or diminished. If disturbance of reception continues for sixty (60) days after the date of the first written notification of the complaint to the tower owner, the tower's permit shall be revoked by the Director of Planning and Development.

(g)

If the tower or the equipment on the site is of a type that will emit a continuous or frequent noise, the applicant shall ensure in a signed and notarized document that sufficient action will be taken to prevent such noise from being audible to surrounding residents and businesses. In such cases, tower facilities and equipment shall be operated so that noise levels are less than forty-five (45) db as measured from the property line nearest the tower facilities.

(h)

The telecommunication service provider shall provide the city with any and all additional information the city may request as an aid in evaluating detailed technical claims the service provider or applicant may make.

(i)

Collocation is encouraged by the city.

(1)

If the tower is between sixty (60) and one hundred (100) feet in height, the tower shall be engineered and constructed to accommodate a minimum of one (1) additional telecommunication user with equipment at least comparable to the applicant's. If the tower exceeds a height of one hundred (100) feet, the tower shall be engineered and constructed to accommodate a minimum of two (2) additional telecommunications users with equipment at least comparable to the applicant's.

a.

The applicant or property owner shall provide documentation from a registered engineer that the tower has sufficient structural integrity to accommodate the required number of additional users as stated above.

b.

Additionally, a statement shall be submitted by the tower's owner regarding the intent of the owner to allow shared use of the tower under reasonable terms and the number and types of additional antennas that can be accommodated on the tower. A tower's permit shall be immediately revoked if the owner fails to honor the collocation statement.

(2)

All new service providers shall provide the Planning Office with evidence that there are no existing towers that can provide space and/or that no existing tower will technically satisfy the applicant's needs before applying for a permit to construct a new tower.

(Code 1993, § 27-149; Ord. No. 21-3, § 1(Att.), 6-14-2021)

In addition to the requirements of section 40-94, the following additional locational standards shall be observed.

(a)

If the tower is one hundred (100) feet or more in height, it shall be located no closer than two thousand five hundred (2,500) feet from another tower greater than one hundred (100) feet in height which was constructed after the effective date of the ordinance from which this regulation is derived.

(b)

No tower may be located within five hundred (500) feet of the RHD, Residential Historic District, or the B1H, Business Historic District.

(c)

In residential zones, towers may be located only on property used for government buildings, schools or churches, and must be concealed or camouflaged.

(d)

Only monopole towers are permitted in the O and I and B4 zones.

(e)

No tower may be located on property containing a hospital, nursing home, or day care center.

(Code 1993, § 27-150; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

Height. Height shall be measured from the natural undisturbed ground surface below the center of the tower base to the top of the tower, including the highest antenna or piece of equipment attached thereto.

(1)

Under no circumstances shall a building permit be issued for a tower that is taller than two hundred fifty (250) feet.

(2)

Towers located on buildings or other structures shall not exceed thirty (30) percent of the building's height. Roof-mounted antennas extending over five (5) feet above the principal building shall be located behind a facade that blends with the principal building.

(3)

Maximum tower height, including antennas, permitted in respective zoning districts shall be determined according to the following schedule.

(b)

Setbacks. Minimum yard setbacks for a tower shall be measured from the outside dimensions of the tower.

(1)

The minimum setback from all property lines shall be equal to the tower's height. However, the setback distance may be reduced by the Board of Adjustment where a state registered engineer has certified that the tower has been designed so that the fall zone will be within a reduced setback area.

(2)

Property located within a tower's fall area shall not be subdivided so long as the tower is standing.

(3)

No tower or accessory building shall be located in any yard setback area of the zoning district in which it is located. In addition, no nonconcealed or noncamouflaged tower shall be located in a front or side yard of another principal.

(4)

No tower shall be located closer than fifty (50) feet to any structure on the property, except its own storage/accessory buildings.

(5)

Guy wire anchors shall be located no closer than twenty (20) feet from the property line and must be contained within the property, but not within any easement.

(6)

Any associated storage/accessory building shall meet the minimum building, not accessory building, setbacks for the underlying zone.

(7)

A tower shall be set back from other on-site and off-site towers and supporting structures such that the failure of one (1) tower will not strike another tower or its support structure.

(c)

Security fences. Except for concealed or camouflaged towers, the base of the tower and each guy anchor must be enclosed by a fence or wall at least eight (8) feet in height unless the tower and all guy anchors are mounted on the top of a building or other structure over eight (8) feet in height. Barbed wire, razor ribbon, concertina wire and other similar security measures shall be prohibited adjacent to residentially zoned property. The Technical Review Committee shall make a determination on the fencing requirement for concealed or camouflaged towers on a case by case basis.

(Code 1993, § 27-151)

Existing trees shall be preserved as much as possible. Minimum landscaping requirements are as follows:

(a)

Where any tower abuts a public street, evergreen street trees shall be planted on the tower owner's property at a distance from one (1) another as to provide an opaque screen along the street right-of-way within five (5) years of planting. Where such planting requirements cannot be met, a reasonable alternative shall be met as determined by the Director of Planning and Development.

(b)

Except for fence entrances, the outside perimeters of all chainlink fences enclosing the base of the tower and those enclosing guy wires shall be screened with plant material so as to provide a complete visual screen eight (8) feet high within five (5) years of planting. All other types of fences and walls shall be landscaped with two (2) small trees and six (6) evergreen shrubs per every twenty (20) feet.

(c)

Landscaping may be required around any or all accessory structures if the appearance of the structure is determined to be objectionable by the Board of Adjustment or the Director of Planning and Development.

(d)

Bufferyards.

(1)

Bufferyards along all property lines equal to the Bufferyard D requirements of article VII of this chapter shall be provided where nonconcealed towers are located adjacent to residentially zoned or developed property. Concealed towers shall be exempt from the bufferyard landscaping requirement, however the bufferyard setback requirement shall be met.

(2)

The normal bufferyard requirements of article VII of this chapter shall be provided for nonconcealed towers in all other locations.

(e)

All landscaping shall be maintained in good condition by the tower owner or the property owner for the life of the tower.

(Code 1993, § 27-152; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

Towers mounted on the sides of existing structures shall be painted to match the existing structure. Towers mounted on the tops of structures and towers installed at ground level shall either be galvanized or be painted a light gray color or other colors to match the background against which they are most commonly seen, as approved by the Director of Planning and Development, unless another coloring is required by the FAA.

(b)

Any associated accessory/storage structure shall blend with the surrounding building in architectural character and color.

(c)

No tower shall 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.

(d)

Where an antenna is located on a structure such as a light standard, telephone pole, fence pole, etc., the height of the structure supporting the antenna shall not exceed the average height of similar structures in the vicinity by more than ten (10) percent.

(e)

Before any concealed or camouflaged tower can be approved, the applicant shall submit photographs of a similar facility and use photo imagery to superimpose the facility onto the existing site as seen from affected residential property and public thoroughfares at varying distances.

(f)

Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of a telecommunication tower, unless inspection, repairs or additions to the tower and/or accessory structures are being made.

(Code 1993, § 27-153; Ord. No. 21-3, § 1(Att.), 6-14-2021)

(a)

Signs on any portion of a tower and/or related accessory building, fence or wall shall be prohibited, with the following exceptions:

(1)

A one-square-foot sign identifying the owner and operator of the tower and an emergency telephone number shall be placed in a clearly visible location on the premises of the tower.

(2)

Warning signs may be placed on the premises. Equipment information signs may be placed at appropriate locations as determined by the Director of Planning and Development.

(3)

A freestanding sign may be permitted only if the lot also contains the main business office of the telecommunications sever.

(b)

A sign permit is required wherever a sign is allowed.

(Code 1993, § 27-154; Ord. No. 21-3, § 1(Att.), 6-14-2021)

Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the FAA or other federal or state authority for a particular tower, or is required for security or safety reasons.

(a)

Any additional lighting beyond minimum FAA requirements must be approved by the Technical Review Committee. Such lighting, if approved, shall not exceed a height of fifteen (15) feet, and shall be shielded and oriented so as not to project directly onto adjacent property, and so as to minimize glare on adjacent property and streets.

(b)

The tower owner shall provide signed and notarized documentation that any lighting requested is the minimum lighting required by the FAA or is necessary for security or safety measures.

(c)

When incorporated into the approved design of the tower, light fixtures used to illuminate ballfields, parking lots, or similar areas must be attached to the tower.

(Code 1993, § 27-155)

All towers and their associated accessory buildings and equipment shall be maintained in a safe, functional, and attractive condition by the tower owner.

(a)

An inspection of the tower shall be conducted at least once a year by an expert who is regularly involved in the maintenance, inspection, and/or erection of telecommunication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the EIA Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A report of the findings and any repairs made shall be furnished to the Director of Planning and Development. The cost of such inspection and report shall be assumed by the tower owner.

(b)

If the Director of Planning and Development determines that a tower fails to comply with the state building codes or the EIA 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 codes and standards. If the owner fails to bring such a tower into compliance within thirty (30) days, the Director of Planning and Development may order the removal of the tower at the owner's expense.

(Code 1993, § 27-156; Ord. No. 21-3, § 1(Att.), 6-14-2021)

Any tower or part of a tower that ceases to be used for communications broadcasting and/or broadcast receiving shall be removed by the tower owner at the owner's expense, along with any and all associated structures. The removal shall occur within one hundred eighty (180) days after the use is discontinued. Upon removal, the site shall be revegetated to blend with the existing surrounding vegetation. In the event that a tower is not removed in the specified time, the tower and associated structures may be removed by the city and the costs of removal assessed against the property.

(Code 1993, § 27-157)

If any section, subsection, sentence, clause, phrase or word of this article is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have passed and adopted this article and each and all provisions thereof irrespective of the fact that any one (1) or more of said provisions be declared unconstitutional.

(Code 1993, § 27-158)