(a) Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers maybe located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(b) Inventory of Existing Sites. Each applicant for an antenna and or tower shall provide to the Building Division of the City an inventory of its existing towers that are either within the City or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. The City may share such information with other applicants applying for permits under this chapter or other organizations seeking to locate antennas within the City, provided, however that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(c) Aesthetics: Lighting. The guidelines set forth in this Section shall govern the location of all towers and the installation of all antennas governed by this chapter; provided, however, that the City may waive these requirements if it determines that the goals of this chapter are better served thereby.
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and support structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
(3) If an antenna is installed on a structure other than a tower, 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 structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(d) Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) 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 a public nuisance and grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the City shall be in the manner provided in Section 521.26.
(e) Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable locally adopted building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the tower will be considered a public nuisance and the City may remove such tower at the owner's expense. Any such removal by the City shall be in the manner provided in Section 521.26.
(f) Availability of Suitable Existing Towers or Other Structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(1) No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;
(2) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;
(3) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
(4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;
(5) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable (costs exceeding new tower development are presumed to be unreasonable); and/or
(6) The applicant demonstrates through reasonable written documentation that there are other limiting factors that render existing towers and structures unsuitable.
(g) Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the City may waive and/or modify such requirements as it deems appropriate.
(h) Landscaping. The following requirements shall govern the landscaping surrounding towers; provided however, that the City may wave such requirements if the goals of this chapter would be better served thereby:
(1) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property; the standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound;
(2) In locations where, in the opinion of the City, the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether;
(3) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible; in some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(Ord. 2017. Passed 1-26-17.)