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:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal presence of antennas or towers.

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

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

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

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, etc.

(Prior Code, app. D, art. 11(11.1); Ord. of 12-21-1998)

The purpose of this article is to establish general guidelines for the siting of towers and antennas. The goals of this article are to:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(Prior Code, app. D, art. 11(11.2); Ord. of 12-21-1998)

The guidelines set forth in this section shall govern the location of all towers, and the installation of all antennas governed by this article.

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping which will blend the tower facilities to the natural setting and built environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color or colors that is identical to, or is closely comparable with, the supporting structure and/or surrounding area so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city council may review the available lighting alternatives and approve the design which would cause the least disturbance to the surrounding views.

(Prior Code, app. D, art. 11(11.3); Ord. of 12-21-1998)

(a)

Height limitations. The height limitations set forth in this article as applicable to buildings and structures shall not apply to towers and antenna. Towers and antenna shall be governed by the special use permit procedures set forth herein.

(b)

Tower height threshold. These standards shall only be applicable to antenna and towers in excess of 35 feet in height.

(c)

The city council may consider for approval a site plan specific request which is in substantial conformance with the requirements listed herein.

(Prior Code, app. D, art. 11(11.4); Ord. of 12-21-1998)

A special land use permit shall be required for all television, land mobile, communication, microwave, radio transmission antennas and towers. Federally licensed amateur radio antennas under 70 feet in height are exempt from special use permit requirements.

(Prior Code, app. D, art. 11(11.5); Ord. of 12-21-1998)

(a)

All towers and antennas in excess of 70 feet without trigger links shall be set back a distance equal to the full height of the tower from the property line. Towers with trigger links shall be set back one-half the distance of the length of the tower.

(b)

At the time of filing the applicants for a tower, the applicant shall provide a site plan and information regarding topography, coverage zone, and tower height requirements.

(c)

Shared usage of towers and antennas facilities is encouraged, and towers shall be designed to accommodate such uses.

(d)

Accessory structures shall be limited to usages associated with operation of the antennas or towers and shall be appropriate in scale and intensity.

(e)

All towers and antennas shall be equipped with an anti-climbing device such as a six-foot wall, fence or other appropriate devices to prevent unauthorized access.

(f)

All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission or such governing agency guidelines as may be established by the named agencies. All towers and antennas must be updated and brought into conformity with such standards and regulations within six months of their adoption. The failure to comply with this provision shall be grounds for the city to require removal or re-permitting of the antennas or tower at the owner's expense.

(g)

At the time of application for building permit, the plans for tower or antenna construction shall be certified by an independent registered structural engineer as meeting all current safety and design standards of all applicable codes. Cost of engineering evaluation shall be the responsibility of the individual or corporation applying for the building permit.

(h)

Applicants are required to explore and fully utilize existing tower and antennas space and are required to bear an equitable share of capital, operating and other expenses in connection with such shared usage.

(i)

Nonresidential sites are encouraged for tower location where possible and use of platted lots in existing subdivisions are discouraged.

(j)

In addition, all such towers and antennas shall be designed to minimize visual and scenic impact when located on slopes greater than 15 percent or on top of such slopes.

(k)

Any tower approved under the provisions of this article which is not utilized by any communications service provider for any communications related purpose for a period of 12 consecutive months shall lose any privilege of special use previously granted by the city council and must therefore be resubmitted for approval prior to use for any purpose not permitted by the existing zoning.

(Prior Code, app. D, art. 11(11.6); Ord. of 12-21-1998)

(a)

General co-location. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the co-location of cellular telecommunications antennas according to the following:

(1)

For towers up to 150 feet in height, the structure and fenced compound shall be designed to accommodate at least three providers or the maximum number of users as determined by the most current technology, whichever is greater;

(2)

For towers greater than 150 feet in height, the structure and fenced compound shall be designed to accommodate at least four providers or the maximum number of users as determined by the most current technology, whichever is greater.

(b)

Co-locating antennas on existing towers. Any person or entity co-locating an antenna and related equipment or appurtenances on or around a tower for which a permit has already been issued is not required to apply for a special use permit. Administrative approval by the code enforcement officer may be granted upon proof that the tower is structurally capable of holding the antenna and submission of the following:

(1)

The name of the person or entity co-locating the antenna.

(2)

The name of the owner of the tower.

(3)

The tower's permit number.

(4)

The location of the tower.

(5)

The remaining structural capacity of the tower.

(6)

Certification that the antenna and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

(c)

Location of antennas on nonresidential structures. Any person or entity locating an antenna or antennas and related equipment or appurtenances on or around existing nonresidential structures is not required to apply for a special use permit, but shall be required to obtain administrative approval by the code enforcement officer upon proof that the structure is capable of holding the antenna and related equipment and submission of the following:

(1)

The name of the person or entity locating the antenna.

(2)

The location and use of the structure being used to locate the antenna.

(3)

Permission from structure's owner to locate antenna.

(4)

Certification that the antenna and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

(Prior Code, app. D, art. 11(11.7); Ord. of 12-21-1998)

(a)

Setback requirements. Unless otherwise noted within this section's requirements, or otherwise approved by the city council, any commercial tower or antenna which abuts a residentially zoned property shall have a minimum 40-foot setback from the residential property, 15 feet of which shall be a landscaped, screening buffer between the tower and the residentially zoned property, which shall be subject to city council approval. This setback is in addition to the required height setback in section 32-237(a). Note: Required buffers may be included within required setbacks; however, in such case that required buffers and setbacks are in conflict the more stringent shall apply. Additionally, necessary private utilities and/or access drives may be allowed through, over, or across a landscaped buffer. Any such uses which are proposed through, over, or across a designated, undisturbed buffer must be approved pursuant to an original site plan approved by the city council.

(b)

Objectives. The required landscape screening buffer shall be implemented in connection with a permitted project and shall address the following objectives:

(1)

Screening to enhance aesthetic appeal;

(2)

Control or direct vehicular and pedestrian movement;

(3)

Reduce glare;

(4)

Buffer noise; and

(5)

Establish privacy.

(c)

Standards. The required landscape screening buffer is subject to review and approval by the city council in accordance with the following standards:

(1)

Plantings are to be a mix of rows of evergreen trees and shrubs, deciduous trees and evergreens taller than the required five-foot minimum;

(2)

Species are to be ecologically compatible to site and appropriate for design situation;

(3)

Unless public safety concerns dictate otherwise, buffers should provide maximum visual barrier to adjoining properties and public streets;

(4)

Minimum height of plant materials at installation is to be five feet for trees;

(5)

Fencing or walls are to be a minimum of six feet in height as approved by the city council;

(6)

Buffers shall be regularly maintained by the property owner to ensure that the objectives and standards of this section are met;

(7)

When topography and existing conditions allow, the required landscape buffer should be undisturbed; provided, however, the buffer may be crossed by an access drive and/or necessary utilities as shown on the site plan.

(8)

Any appeals from a determination by city staff regarding the landscape buffer shall be considered by the city council.

(Prior Code, app. D, art. 11(11.8); Ord. of 12-21-1998)

(a)

Upon receipt of special use permit application, there will be a public hearing regarding the special use and building permit.

(b)

Public notification. Legal notice of the public hearing before the city council shall be published in the newspaper of general circulation in the county in which the legal advertisements of the city are published. The application advertisement shall include date, time, place and purpose of the public hearing at least 15 days and not more than 45 days prior to the date of the date of the first hearing by the city council.

(c)

The city council shall approve or deny any special use permit request and require any conditions deemed necessary or appropriate to maintain safety, health, scenic value, and welfare of the city. Any special use permit for communications towers which are denied shall be supported by substantial evidence contained in a written record.

(Prior Code, app. D, art. 11(11.9); Ord. of 12-21-1998)

(a)

Factors. The city council shall consider the following factors in determining whether to approve this proposed use:

(1)

Height of the proposed tower/fall zones;

(2)

Proximity of the tower to residential structures or uses which may be incompatible with the towers (such as private or public airports);

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(6)

Proposed ingress and egress; and

(7)

Availability of suitable existing towers and other structures.

(b)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers and structures do not have sufficient height to meet applicant's engineering requirements.

(3)

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

(4)

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

(5)

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 unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates there are other limiting factors which render existing towers and structures unreasonable.

(Prior Code, app. D, art. 11(11.10); Ord. of 12-21-1998)

Upon approval by the city council the special use permit and building permit shall be issued upon receipt of the fee as assessed according to the schedule posted in city hall has been paid.

(Prior Code, app. D, art. 11(11.11); Ord. of 12-21-1998)