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A wireless telecommunication facility that is proposed in a location that requires special use approval shall comply with the following:
(a) A wireless telecommunication facility shall be permitted in a location set forth in Section 1284.04(b) only to the extent that a technically necessary location is not available in an area identified in Section 1284.04(a). The applicant shall demonstrate that a technically necessary location in an area identified in Section 1284.04(a) is not available because:
(1) If a technically necessary location does not exist in any area set forth in Section 1284.04(a), the applicant shall provide documentation that supports the applicant s claim that no such technically necessary location exists; or
(2) If another tower, building or structure set forth in Section 1284.04(a)(1) is technically necessary then the applicant must show that reasonable efforts have been made to:
A. Request co-location on the existing tower(s), building(s) or structure(s), and that each co-location request was rejected by the owner of the tower, building or structure; or
B. Request all owners of properties that are determined to be technically necessary locations to allow it to construct a wireless telecommunication tower under reasonable terms and that each request was rejected.
(b) The wireless telecommunication tower shall be located on the property where it will have the least impact on surrounding properties as determined by the Planning Commission and/or Council.
(c) As a condition of approving the special use permit to construct and operate a wireless telecommunication tower in the City, the owner/operator of the wireless telecommunication tower shall be required to allow co-location until the tower has reached full antenna capacity. In no event shall the owner/operator agree to allow fewer than two additional antenna platforms. Agreement to this provision shall be included in the applicant's lease with the landowner, if different from the owner/operator of such tower. Written documentation shall be presented to the Zoning Enforcement Officer, showing that the owner of the property on which such tower is to be located has agreed to the terms of this division, as well as all other applicable requirements, regulations and standards set forth in this section.
(d) Any wireless telecommunication tower proposed as a special use shall be located a minimum of one-half mile from any other wireless tele-communication tower proposed or previously approved as a special use.
(e) The Planning Commission may grant approval for a tower with a height greater than set forth in Section 1284.05(e), a guy-wired tower, or a lattice-type structure when the applicant demonstrates that such structure:
(1) Is needed to meet the reasonable service requirements of the applicant;
(2) Will result in fewer towers; or
(3) Will result in a tower in a higher preferred location.
(Ord. 58-01. Passed 5-29-01.)
The owner/operator of the wireless telecommunication facility shall, on no less than an annual basis from the date of issuance of the zoning permit, file a declaration with the Zoning Enforcement Officer as to the continuing operation of every facility which is subject to this chapter and each facility's continued compliance with all governmental requirements.
(Ord. 58-01. Passed 5-29-01.)
(a) In the event that a wireless telecommunication tower has no antenna mounted upon it for a period of six months, or if the antenna mounted thereon is not operated, the facility shall be considered to be abandoned. The owner thereof shall remove the tower within 180 days after such tower is considered abandoned.
(b) In the event that more than one wireless telecommunication service provider is using the wireless telecommunication tower, such tower shall not be considered abandoned until all such users cease using the tower as provided in this section.
(c) The wireless telecommunication facility, equipment shelter, fence or other related structures shall be dismantled and removed and the area appropriately graded and landscaped within six months following the date that the facility is no longer operational.
(Ord. 58-01. Passed 5-29-01.)
(a) All wireless telecommunication towers and facilities shall comply with the procedures for development plan review set forth in Chapter 1228. In addition to the submission requirements set forth in Section 1228.07, the applicant shall submit the following additional items:
(1) A detailed description of the wireless telecommunication towers or facility's capacity, including the number and types of antenna that it can accommodate.
(2) Documentation certifying that the wireless telecommunication facility complies with all current Federal Communication Commission (FCC) regulations for non-ionizing electromagnetic radiation (NIER).
(3) A vicinity map (at a scale of 1 inch = 1000 feet) indicating within a two- mile radius of the proposed site the location of all wireless telecommunication facilities, electrical utility high tension wires and buildings or structures that could reasonably be presumed to support the proposed antenna(e) and allow it to serve its intended function.
(4) A list of names and phone numbers of whom to contact in an emergency. This list shall be updated annually as part of the annual declaration required in Section 1284.07.
(5) A list of any and all hazards that are within the secured area.
(b) Prior to the issuance of a zoning permit, the applicant shall post a cash or security bond acceptable to the City Law Director in the amount determined by Council. The bond shall be for the purpose of insuring that an abandoned, obsolete or destroyed wireless telecommunication facility shall be removed in compliance with Section 1284.08. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond.
(c) Prior to receiving approval for a new tower, the applicant shall demonstrate to the City that such facility is needed to meet the reasonable service requirements of the applicant. This assessment shall include consideration of alternative sites and the operational implications of such alternatives with respect to, but not limited to, height, opportunities for co-location, impact on residents and impact on service levels. The City may retain consultants to review the information with the reasonable costs for such consultation being borne by the applicant.
(Ord. 58-01. Passed 5-29-01.)