The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means any exterior apparatus designed for telephone, radio, television or other forms of telecommunications.

Co-location means a common structure or tower occupied by two or more wireless license holders or one wireless license holder for more than one type of communication technology.

FAA means the Federal Aviation Administration.

Height means, when referring to a tower or other structure, the distance measured from ground level immediately adjacent to the tower base to the highest level on the tower, including any antenna that may extend above the tower.

Tower means any structure that is designed and constructed for the purpose of supporting one or more antennas. These may include self-supporting lattice towers, guyed towers and monopole towers, as well as, alternative towers such as manmade trees, clock towers, water tanks, church steeples and similar structures that camouflage or conceal the presence of antennas or towers.

(Ord. of 5-2016(2), § 11.1)

The standards set forth in this section shall govern the installation of all towers and antennas. Should certain standards be contrary to applicable state and/or federal regulations or laws, such standards shall be subject to waiver or variance.

(1)

Permitted tower type. Only monopole towers are to be permitted.

(2)

Height restriction. Height of tower shall be limited to 90 feet.

(3)

Permitted areas. Towers are permitted in the government (G), commercial and general business (C) zoning districts only; provided, however, that said districts are not also part of the National Register Historic District. No tower may be located in the National Register Historic District.

(4)

Co-location. Each applicant shall provide a statement indicating intent to allow shared use of the tower and how others will be accommodated if the height of the tower permits such co-location.

(5)

Tower lighting. shall be unlit unless required by FAA regulations. Any required lighting shall be in accordance with applicable FAA regulations.

(6)

Tower aesthetics/safety. Setback of tower shall be not less than 100 percent of the heights of the tower, plus one foot for each two feet of tower height in excess of 75 feet.

(7)

Security fence. A security fence of a minimum height of six feet, enclosing the entire structure, with suitable anti-climb device shall be provided.

(8)

Perimeter fence. The perimeter of the security fence shall be landscaped with a tight evergreen hedge that shall be a minimum of six feet in height within three years of planting. Landscaping and buffering shall provide continuous evergreen screening of the security fence.

(Ord. of 5-2016(2), § 11.2)

(a)

Amateur radio antennas. This regulation shall not govern any amateur radio tower or antenna of less than 70 feet.

(b)

Public property. Towers or antennas owned or operated by the city on government zoned (G) property shall be exempt from all provisions of this regulation; however, if the city leases the government zoned (G) property to an individual or corporation, all applicable requirements remain in effect.

(Ord. of 5-2016(2), § 11.3)

Each applicant for approval for the construction or placement of a tower shall apply to the planning and zoning commission and provide the following information:

(1)

Statement that a tower is actually needed in the referenced location and that no co-location possibilities exist.

(2)

Proposed use of application of tower.

(3)

Height of tower.

(4)

A certificate or letter from a licensed professional engineer (structural) certifying the soundness of design of the proposed tower.

(5)

Proximity of proposed tower to residential or historic district boundaries.

(6)

Topography, for the site of the tower, as well as one-half mile radius from the site shown on a plat at ten-foot contours.

(7)

Surrounding existing tree coverage and foliage characteristics (i.e., evergreen, deciduous) for one-half mile.

(8)

Design of the tower with particular reference to design characteristics for reducing or eliminating visual obtrusiveness.

(9)

Ability of tower to provide co-location for future wireless communication providers.

(10)

Details of protective, anti-climb fencing, and proposed visual screening.

(11)

Proposed ingress and egress to the tower site.

(Ord. of 5-2016(2), § 11.4)

All applications shall be considered pursuant to the standards governing the exercise of zoning power found in division 12, section 38-558.

(Ord. No. 2024-0001, § 11, 3-12-2024)

Editor's note— Ord. No. 2024-0001, § 11, 3-12-2024, repealed the former § 38-484, and enacted a new § 38-484 as set out herein. The former § 38-484 pertained to similar subject matter and derived from the Ord. of 5-2016(2), § 11.5.

An application fee in an amount to be determined by the mayor and council from time to time shall be paid to the city clerk at the time of application. The city shall issue a receipt to the applicant showing that such application fee has been paid and a copy thereof shall be attached to the application. This fee is not refundable in the event of denial of application. An annual fee in an amount to be determined by the mayor and council from time to time will be required to be paid to the city clerk by the applicant for continued operation of the tower and antennas.

(Ord. of 5-2016(2), § 11.6)

(a)

Planning and zoning commission public hearing and review.

(1)

The planning and zoning commission shall provide an opportunity for public comment on the application at a public hearing following the submission of a complete and timely submitted application. The city clerk shall submit a notice for publication in the legal organ of the city at least 15 days and not more than 45 days prior to the public hearing stating the time, place, and purpose of the hearing and shall maintain file copies of the plat application for public review prior to the public hearing.

(2)

Following a public hearing, the planning and zoning commission shall have 45 days from the submission of the application to recommend approval, approval with conditions, disapproval, or table the application. They will then refer the application to mayor and council with their recommendation for approval or denial. If the planning commission does not take action within the 45 days of the submission of the application, the application shall be considered recommended for approval.

(b)

Mayor and council public hearing and review.

(1)

The mayor and council shall hold an additional public hearing before final approval or denial of application. The city clerk shall submit a notice for publication in the legal organ of the city at least 15 days and not more than 45 days prior to the public hearing stating the time, place, and purpose of the hearing and shall maintain file copies of the plat application for public review prior to the public hearing.

(2)

Following a public hearing on the application, the mayor and council shall review the recommendations of the planning and zoning commission. The mayor and council shall have 60 days following receipt of the recommendation from the planning and zoning commission to review the application and shall approve, approve with conditions, disapprove, or table the preliminary application. If the application is disapproved, the city clerk shall notify the applicant, in writing, citing the reasons for disapproval. If the mayor and council does not take action within 60 days of the receipt of the recommendation from the planning and zoning commission the application shall be considered approved.

(Ord. of 5-2016(2), § 11.7; Ord. No. 2024-0001, § 20, 3-12-2024)