Telecommunication towers and facilities are permitted as a special use in all zoning districts established under the City Zoning Ordinance provided the following conditions are met in addition to any applicable regulations set forth for the district:
(A) All telecommunication towers must be of a monopole design and construction. All monopoles must be designed to "telescope" or collapse inward unless documentation can be provided to prove such design is not feasible. Towers of the lattice variety may be used if documentation is provided by the applicant that demonstrates that a monopole tower cannot adequately serve the area.
(B) The maximum allowable height of a tower is 199.9 feet. No variance to the height may be granted unless the applicant can prove the maximum height will not allow for the provision of adequate service levels (i.e. cannot meet reasonable service coverage area). The maximum tower height may be increased by a ratio of one foot for every one linear foot of distance beyond 1,000 linear feet between the base of the proposed tower and any residential districts or platted subdivisions. In such instances, the maximum tower height shall be 240 feet.
(C) The placement of telecommunication towers on existing public utility structures such as water towers whenever feasible is encouraged. No tower may be located within 3,000 linear feet (as measured using the shortest straight line distance between each tower) of a water tower unless the applicant can prove that locating on the water tower is not feasible.
(D) Towers which are completely concealed within an architectural feature of a building or structure so that the tower is architecturally indiscernible as a separate entity are encouraged. Height and setback requirements may be waived when placed on public utility structure or built as concealed towers.
(E) Providers are encouraged to co-locate facilities in an effort to reduce the number of telecommunication towers in the city. The city may require telecommunication providers to negotiate in good faith with other telecommunication providers space at a reasonable lease cost, and to publicize the fact that space is available on a lease basis as part of the special use process. No tower may be located within 1,500 lineal feet of an existing tower unless the applicant can prove co-location is not a viable option.
(F) Where a telecommunication tower is located on a lot with an existing non-residential principal use. The tower must be located in the rear or side yards. If the principal use is residential, the tower must be located in the rear yard only.
(G) An applicant must provide documentation establishing that the proposed tower complies with the Federal Radio Frequency Emission Standards.
(H) Wherever feasible, all accessory structures on the ground which contain switching equipment or other related equipment must be designed to closely resemble the neighborhood's basic architecture or the architecture and style of the principal use on the property.
(I) Screening is required along all sides of the perimeter of the telecommunication tower site as defined in § 92.008 under "Buffer Strip". In addition, a minimum eight foot high fence is required immediately around the tower and any equipment building(s), with the screening to be located on the outside of the fenced area. The telecommunication provided is to be responsible for keeping all landscaping material free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where screening is required, shall be jointly and severally responsible for the maintenance of all screen materials. Such maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the screening shall be replaced in the event it dies. Applicants that are building new towers with co-location opportunities shall plan the fence and screening to accommodate future telecommunication providers on the site such that the fence and screening surrounds all future structures and the tower.
(J) Telecommunication towers may be denied on the basis of negative influence on property values or on aesthetic concerns provided that there is evidence to prove the impact on adjacent property owners will be significant. If a request is denied because of negative influence on property values or on aesthetic concerns, the city must clearly state the reasoning and available evidence of the impact on adjacent property values.
(K) A minimum setback requirement, on all sides of the property shall be one foot for every one foot of actual tower height. For the purpose of establishing setbacks, the measurements shall be from the perimeter fencing which surrounds the equipment shelters, and tower base. No habitable structures shall be within the required setback area. Minimum setback requirements may be reduced by the city if warranted.
(L) Towers having a height of 200 feet or less, shall not contain lights or light fixtures at a height exceeding 15 feet. Furthermore, lighting of all towers in any district shall be directed toward the tower and/or accessory uses to reduce the effect of glare.
(M) Towers and related facilities no longer used for its original intent for a period of 90 consecutive days shall be abandoned and must be removed by the applicant and/or property owner. It shall be the responsibility of the applicant to notify the city when the tower has been abandoned for greater than 90 days.
(N) A telecommunication provider must apply for a new review and approval process by the Planning Board and City Council of any planned increase in tower height to an existing telecommunication tower. Normal maintenance and repair of the structure can be completed without the issuance of a new permit at the discretion of the Zoning Officer. Co-location of additional telecommunication providers to an existing, approved tower requires review and approval by the Zoning Officer, unless an increase in tower height is proposed, which would require the telecommunication provider to apply for a special use permit, which includes review and approval by the Planning Board and the City Council.
(O) Free-standing signs are prohibited. Wall signs limited to identification area allowed on equipment structures on fences surrounding the telecommunication tower provided it does not exceed nine square feet in size. Any signage must be specifically addressed in the special use permit.
(P) The telecommunication provider must show proof of adequate insurance coverage for any potential damage caused by or to the tower prior to the issuance of a special use permit. Once approved, documentation of adequate insurance must be provided to the city every 12 months.
(Q) Outdoor storage of equipment or other related items is prohibited.
(R) All applications for a special use permit for a telecommunication tower must include the following information in addition to any other applicable information required in the Zoning Ordinance:
(1) Identification of intended telecommunication provider(s);
(2) Documentation by a professional engineer that the tower has sufficient structural integrity to accommodate more than one user, if applicable;
(3) A statement from the provider indicating intent to allow shared use of the tower and how others will be accommodated, if applicable;
(4) Evidence that the property owners of residentially zoned property within 300 feet of the site in addition to adjacent property owners if applicable, have been notified by the applicant of the proposed tower height and design;
(5) Documentation that the telecommunication tower complies with the Federal Radio Frequency Emission Standards;
(6) Documentation that towers over 199.9 feet are necessary for a minimal level of service;
(S) The provisions of 92-60 shall not apply to radio transmission facilities having a height of 100 feet or less and which, at a height of 50 feet above the base, have a maximum horizontal measurement of 18 inches, nor to towers erected and maintained by a public authority for public safety or emergency communication purposes, nor to antennas or antenna structures used by individuals or groups licensed in the Amateur Radio Service by the Federal Communication Commission.
(Ord. 97-58, passed 1-5-98; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)