§ 68-465. Telecommunication towers and antennas.

(a)

Purpose. The purpose of this section is to establish general guidelines for the siting of wireless telecommunication towers and antennas to accomplish the following goals:

(1)

Encourage the location of towers in nonresidential areas;

(2)

Minimize the total number of towers throughout the city;

(3)

Encourage the use of existing structures as an alternative to new tower construction;

(4)

Encourage joint use of new or existing towers as a primary option rather than construction of additional single-use towers;

(5)

Encourage the design and construction of towers and antennas which minimizes the adverse visual impact of the towers and antennas; and

(6)

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

In furtherance of these goals, the city shall give due consideration to the comprehensive plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of tower structures.

(b)

Applicability. Towers and antennas installed and maintained in accordance with this section are exempt from the height limitations for buildings and structures set forth elsewhere in this Code. The requirements set forth in this section shall govern the height of towers and antennas. The installation of an antenna on a building which is nonconforming in terms of current height limitations shall not be deemed to constitute the expansion of a nonconforming use. Amateur radio towers and antennas operated by a federally licensed amateur radio station operator are exempt from the provisions of this section. Towers and antennas located on city property are exempt from height limitations set forth elsewhere in this Code and are exempt from the requirements of this section, provided a lease or franchise agreement authorizing such tower or antenna has been approved by the city, or the tower or antenna is city-owned. Satellite antennas are considered an accessory use, are exempt from the requirements of this section and are governed by section 68-464.

(c)

Antennas. Antennas may be installed on existing structures, such as a building or other freestanding structure that is 50 feet in height or greater, provided the antenna adds no more than 20 feet to the height of the existing structure, and provided that the existing building or structure is capable of supporting the additional load imposed by the addition of the antenna, properly anchored, designed and certified by a state registered professional structural engineer. The antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as virtually unobtrusive as possible. No lighting shall be permitted unless required by the FAA. If the supporting structure to which the antenna is affixed is removed for any reason by or at the direction of the city, the antenna owner shall remove and relocate the antenna to a permitted location at such owner's expense. The installation of antennas and supporting equipment will require a permit from the city's building/code enforcement department. An occupational license is required for every person or entity which is renting space on a supporting structure within the city for one or more wireless communication antennas.

(d)

Towers. In order to be eligible to obtain a permit to construct a tower, the proposed location must have a CG (Commercial), I (Institutional) or T/U (Transportation/Utility) zoning designation. In addition, no new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city manager that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna.

(1)

An applicant shall submit information requested by the city manager related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing structure or tower 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 required to meet 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 strength to support the applicant's proposed antenna.

d.

The applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas if placed on an existing tower or structure.

e.

The fees, cost or contractual provisions required by the owner in order to share an existing tower or structure exceed the cost of developing a new tower.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(2)

All applicants for new tower construction shall investigate city property for available space on an existing support structure or as a location for a new tower or other support structure.

(3)

Prior to the request for city approval, the applicant shall notify, by registered mail, return receipt requested, all other cellular and personal communication services providers doing business in the city of the proposed tower and solicit firms for colocation. The notice shall advise the other cellular and personal communication services that they have 30 days to respond to the letter.

(4)

The owner/operator of any proposed tower shall enter into an agreement with the city which requires that the owner/operator of the proposed tower will honor all reasonably and technically feasible requests for shared use of tower. Each year the owner/operator shall notify the city of the extent of the tower's use and identify the users of the tower.

(e)

Height restrictions and design criteria for towers. Upon receipt of a completed application, the city manager shall have 20 business days in which to review the evidence submitted and render a written decision regarding need for the construction of a new tower. Once the city manager has recognized the need for a tower, the plans for the tower and tower site shall comply with the following:

(1)

Single user towers shall not exceed 90 feet in height. Towers for two users shall not exceed 120 feet in height. Towers designed for three or more users shall not exceed 150 feet in height.

(2)

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

(3)

Towers shall be set back from abutting existing residential uses, a distance equal to the height of the tower.

(4)

Tower guys and accessory facilities must satisfy the minimum setback requirements as set forth in this Code for the particular zoning district.

(5)

Towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an anticlimbing device.

(6)

The perimeter of the tower site shall contain landscaping that will blend them into the natural setting and surrounding buildings, consisting of vegetative buffer or native plants that are no less than four feet wide and four feet height planted at three feet on center.

(7)

No tower shall be used for advertising of any type, and the placement of signs, other than warning signs, is strictly prohibited.

(f)

Federal requirements and safety standards.

(1)

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

(2)

Towers and antennas shall be constructed, installed and maintained in accordance with chapter 64 and other applicable codes and standards adopted by the city. In addition, the tower and antenna must meet the standards set forth by the Electronic Industries Association, amended from time to time. If upon inspection, the city concludes that the structural integrity of a tower or antenna constitutes a danger to persons or property, the owner of the tower or antenna shall be given notice of the condition and shall have 30 days to bring such tower or antenna into compliance and in accordance with such standards set forth in the applicable codes. Failure to bring such tower or antenna into compliance within 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(g)

Removal of abandoned antennas and towers. Any antenna or tower which is not operated for a period of 12 consecutive months shall be considered abandoned. Upon written demand by the city, the owner of an abandoned antenna or tower shall remove such antenna or tower within 60 days. Failure to do so shall constitute a violation of this Code. Upon notification to remove an antenna or tower, any previously granted variances shall terminate.

(h)

Variance. The city commission shall have power and authority to grant variance to this section. In the event an applicant for a tower is required to apply for a variance to this section or another related section of this Code, in addition to the variance criteria set forth in section 70-221, the following criteria shall be used:

The variance, if granted will result in a shared use, and thereby ultimately reduce the number of towers necessary to provide telecommunication service within the city.

(i)

Appeals. The applicant may appeal a decision by the city manager that a tower is not necessary, directly to the city commission. The applicant shall notify the city clerk in writing of the appeal, and a hearing that shall be held at the next available regular commission meeting. The city commission shall conduct a quasijudicial de novo hearing and base its decision upon competent substantial evidence. The criteria for the decision shall be the criteria set forth in section 68-481.

(Ord. No. 97-4, § 9, 4-22-97; Ord. No. 15-03, § 3, 7-7-15 )