(Such as microwaves, radar, radio, telecommunication, or television
transmission or receiving towers; and other similar facilities.)
(a) Use. Communication towers shall always be considered a permitted special use. They may be located on lots occupied by another principal use. They shall be permitted in A-1, I-1 or I-2 Districts only with approval from the Board of Zoning Appeals.
(b) Setbacks.
(1) The minimum setback between communication towers and all property lines shall be equal to 20 percent of the height of the tower.
(2) Communication towers shall be set back a minimum of 50 feet from any existing or planned right of way.
(3) Communication towers shall be set back a minimum of 100 feet from the lot line of any residential or business zoning district.
(4) Peripheral supports and guy anchors for communication towers may be located within required setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than 25 feet from any lot line.
(c) Height. The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this section shall apply. No tower shall exceed 250 feet in height measured from finished grade.
(d) Security Fences and Walls. A fence or wall not less than eight feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards.
(1) Access to the tower shall be through a locked gate in the required fence or wall.
(2) If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE - DANGER”.
(e) Airport Approach Paths. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).
(f) Removal of Obsolete Towers; Abandonment; Obsolescence; Financial Responsibility. A tower that is not used for a period of at least 6 months shall be determined to be abandoned and shall be removed. The owner of the tower shall remove any abandoned, obsolete, unused, or structurally unsound tower within 90 days. The Building Code Official may establish a shorter period of time for the removal of a tower that is structurally unsound.
(g) Electromagnetic Radiation. Communication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER).
(h) Site Plan Permit Requirements. The applicant, owner, or developer of a proposed tower shall submit a site plan and obtain a building permit prior to construction and/or erection. The site plan shall include:
(1) Identification, address, and telephone number of the proposed or intended user(s) of the tower, the property owner (if not the same), and the site developer;
(2) The location of the tower and guy anchors on the parcel showing all setbacks, buffers, easements, buildings, fences, and heights of the tower and any other structures; and
(3) The zoning and use of the property where the tower will be located, and the zoning and use of all surrounding properties within 125 feet of the site. Additionally, points of ingress and egress from streets, rights of way, etc. shall be shown.
(4) Full plans for compliance with the State Building Code.
(i) Colocation.
(1) Before a new tower or other communication facility variance is granted, the applicant shall attempt to co-locate his use on an existing tower and shall prove to the City in writing that all existing tower options have been explored and are not available for his use at reasonable and prevailing market lease rates. The applicant shall submit a letter signed by the owner of each existing tower attesting to these findings.
(2) All new towers granted a variance by the Board of Zoning Appeals shall be designed for and shall permit the colocation of future facilities. Each application for a new tower shall submit a written document specifying that the applicant agrees to provide for the shared use of the facility to accommodate the equipment of at least three carriers, and that the applicant agrees to provide for shared use of the facility to a maximum structural capacity at reasonable and prevailing market lease rates.
(Ord. 6-00. Passed 8-14-00.)