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1256.04  TOWERS.
   In addition to the definitions set forth in Section 1256.02, "towers" shall be regulated by this section.
   (a)   Towers Located in Nonresidential Zoning Districts.
      (1)   Sole use on a zoning lot.  A wireless telecommunications tower and related facilities are permitted as the sole use on a zoning lot, as defined per Section 1212.03 (121), and may be permitted, by approval of the Planning Commission, on zoning lots containing other uses where existing structures enable collocation, including on City owned property.
      (2)   Minimum lot size.  The minimum lot size on which a wireless telecommunications tower and related facilities are placed shall be the minimum lot size required for the underlying zoning district.
      (3)   Setbacks.  For purposes of this chapter only, any other provision of this Code notwithstanding, the setback for a tower of any variety, including a monopole, shall be measured from the base of the tower or monopole at the point where it is placed in the ground to the property line, or to the nearest residential dwelling located within the property and part of a multi-use non-residentially zoned parcel.  The exception to this regulation is where a tower, monopole, antenna, whether camouflaged or not, or any apparatus defined herein as a tower, is affixed to any existing building, and the use of it as a tower for wireless telecommunications and wireless internet access is conditionally approved by the Planning Commission.
         A.   An equipment building, and all other structures except the tower, shall be set back the minimum distance required in the underlying zoning district.
         B.   In Industrial Zoning Districts, the setback for the tower shall be at least twenty-five percent of the total height of the tower.  A minimum of fifty feet shall be required.
         C.   In nonindustrial zoning districts, excluding the conditions listed in paragraphs (a)(3)(D) and (E) hereof, the tower shall be set back fifty percent of the total height of the tower.  A minimum of fifty feet shall be required.
         D.   In nonindustrial zoning districts or in the Industrial Zoning Districts where the lot on which a tower is located abuts another lot on which is located, a school of any type, including institutions of higher learning beyond high school level, public or private parks (but not including golf courses), hospitals, playgrounds, day-care centers, health centers or other human services and educational uses, as determined by the Planning Commission to apply to this subsection, the tower shall be set back a distance equal to the total height of the tower.
         E.   In nonindustrial zoning districts and in Industrial Zoning Districts where a lot on which a tower is located abuts any lot within a Residential Zoning District of any classification, the tower shall be set back seventy-five percent of the total height of the tower.  A minimum of seventy-five feet shall be required.
         F.   Guyed wires may be anchored within the required setback area only if the tower itself is placed in conformity with this chapter regarding its setbacks, but guy wires and other similar supporting devices shall not be anchored any less than ten feet from any adjoining parcel or zoning lot, regardless of its underlying zoning district.
   (b)   Towers in Residential Zoning Districts
      (1)   In order to locate wireless telecommunications towers and related facilities in Residential Zoning Districts, the applicant-service provider shall demonstrate to the Planning Commission that there is sound geographic reason for doing so, that offers to collocate with other providers within the City or neighboring communities have proven ineffective, and that in order to provide wireless telecommunications services to the residents and businesses in such a manner which serves their best interests, such towers and facilities may only be placed in a Residential Zoning District.
      (2)   The setbacks for towers and related facilities in Residential Districts shall be the same as in nonresidential zoning districts, pursuant to paragraph (a)(3) hereof.
      (3)   Towers supporting amateur radio antennas and conforming to all applicable provisions of this chapter shall be permitted in Residential Zoning Districts, but not as the sole use of a lot, and only in the rear yard of such parcels, as defined in this Code.
      (4)   The City, and any other governmental entity, may locate wireless telecommunications towers and related facilities in Residential Zoning Districts, but only on publicly owned property, even as the sole use of the lot.
         A.   The City may locate wireless telecommunications towers and related facilities in Residential Zoning Districts to provide wireless telecommunications.
         B.   The City may contract with private wireless telecommunications service providers to locate a tower and related facilities on City-owned property in Residential Zoning Districts, provided that all provisions of this chapter are followed.
      (5)   In Residential Zoning Districts, collocation shall be especially encouraged.
      (6)   In Residential Zoning Districts, all towers shall be camouflaged using the best and most advanced techniques possible, pursuant to Section 1256.08, unless waived by the Planning Commission for cause.
      (7)   If wireless telecommunications towers and related facilities are located in Residential Zoning Districts, sufficient landscaping, buffering and/or screening shall be required, and shall be considered paramount to the establishment of such structures in all Residential Zoning Districts.  (See also Section 1256.05.)
      (8)   Wireless telecommunications towers and related facilities are permitted on land which has been established as permanent open space or a park, subject to the following conditions:
         A.   The open space shall be owned and overseen by the City, the County, the State, the United States of America, other governmental or quasi-governmental agencies, a private homeowners association or a private, non-profit conservation organization.
         B.   If in a Residential Zoning District, the tower shall not exceed 200 feet in height, including antennas.
         C.   The wireless telecommunications equipment building shall not exceed twenty feet in height.
         D.   The maximum size of the wireless telecommunications equipment building shall be 300 square feet, or, if more than one is located on a given zoning lot, 700 square feet in the aggregate.
         E.   Notwithstanding any other setback provisions of this chapter, the tower shall be set back a minimum of 200 feet from any single-family Residential Zoning District, as defined in Chapter 1230.
      (9)   Towers and related wireless telecommunications facilities shall be placed, constructed and modified subordinate and in deference to the use of private, residentially zoned or used property, by minimizing the visual effect on adjoining and vicinity residential properties, and to minimize the visual, often unattractive, impact that towers and related wireless telecommunications facilities create when viewing them from a distance.
   (c)   Design Requirements for Towers and Facilities.
      (1)   Any wireless telecommunications tower shall be designed, structurally and electrically, to accommodate both the applicant's antenna and at least comparable antennas for at least two additional service providers if the tower is at least 100 feet in total height, or for one additional service provider if the tower is at least sixty feet in total height.  Towers shall be designed to allow for future rearrangement of antennas on the tower and to accept antennas mounted at various heights.
      (2)   Towers and antennas, as well as all wireless telecommunications facilities, shall be designed and situated upon a lot so as to minimize their visibility and to the greatest extent possible to blend into the surrounding environment.
      (3)   Towers shall be designed, constructed, erected and maintained with the utmost care for the safety of persons and property.  Certification attesting to the structural integrity of towers shall comply with the provisions of Section 1256.06.
   (d)   Tower Height.
      (1)   Maximum height.  The maximum height of a tower shall be 200 feet unless a technically logical reason for locating a higher tower is demonstrated to the satisfaction of the Planning Commission and Council to be in order, on a case-by-case basis, by the wireless telecommunications service provider making the request.  When a higher tower is required by provision of law consistent with the Telecommunications Act of 1996, as may from time to time be amended, the provider shall submit written verification of such fact.  Towers less than 200 feet in height are especially encouraged.
      (2)   Collocation ability.  The physical ability to collocate antennas on any tower shall be required on all towers higher than sixty feet in height, unless it can be demonstrated that, because of the type of tower involved for a given proposal and/or for other technically logical reasons, the physical ability to collocate on such a tower above sixty feet in height is not feasible or desired.  A tower 100 feet or higher shall be designed to have sufficient structural capacity to accommodate at least three additional providers.
   (e)   Interrelationship of Tower and Related Structures.  A tower and its related wireless telecommunications equipment building and other structures, landscaping and other features, if any, shall be located on a single zoning lot.  The provider shall locate a tower and related wireless telecommunications facilities only on a zoning lot of sufficient dimensions and conditions to accommodate the overall facility, tower, etc., so that all minimum setbacks and any other zoning requirements of the underlying zoning district are met.
   (f)   Underground Facilities.  Underground wireless telecommunications equipment buildings are especially encouraged, especially on zoning lots in or abutting residential zoning districts where a tower is placed.
(Ord. 90-98.  Passed 5-18-98; Ord. 89-2011.  Passed 9-12-11; Ord. 16-2019.  Passed 2- 25-19.)