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As used in this chapter:
(a) "Lattice" means a framework or structure of crossed metal strips, typically resting on three members constructed vertically, to which antennas are affixed.
(b) "Monopole" means a single, slender and typically cylindrical, vertical structure to which antennas or antenna support structures are affixed.
(c) "Substantial evidence" means more than a mere scintilla of evidence. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
(d) "Telecommunication" means technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.
(e) "Wireless communication antenna" means an antenna system designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC), excluding amateur radio operators' antennas.
(f) "Wireless communication tower" means a tower, including, but not limited to, a self-supporting lattice or monopole, which elevates the wireless communication antenna and may include accessory transmission and receiving equipment.
(g) "Wireless telecommunication equipment building" means the structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.
(h) "Wireless telecommunication facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(Ord. 8329-1997. Passed 4-1-97.)
The purpose of this chapter is to provide a process for permitting the construction and subsequent maintenance of telecommunication systems, including towers and antennas. This process is directed at maintaining a balance between the City's identified right to preserve its land use policies for health, safety, welfare and aesthetics and the Federal government's interest in providing for and spurring competition in the telecommunication arena. All legislation is directed at creating an environment where residents will have the greatest opportunity to benefit from the intent of the Telecommunications Act of 1996 to enhance competition while affecting the City's land use and property values in the least intrusive manner possible.
(Ord. 8329-1997. Passed 4-1-97.)
New wireless communication towers shall be located only in nonresidential zoning districts and shall be subject to the provisions of this chapter and the regulations of the particular zoning district in which the antenna and/or tower are proposed to be located, but only to the extent that such regulations do not conflict with the provisions of this chapter. Wireless communication antennas may be located in residential zoning districts so long as they are not associated with wireless communication towers, but are part of an existing structure. Such antennas shall be subject to the provisions of this chapter and the regulations of the particular zoning district in which the antenna is proposed to be located, but only to the extent that such regulations do not conflict with the provisions of this chapter. Wireless communication towers may be located in residential zoning districts through the grant of a variance by the Board of Zoning and Building Appeals so long as they are located inside electric high-tension towers and so long as they do not exceed ten feet above the height of the existing electric high-tension tower.
(Ord. 8329-1997. Passed 4-1-97.)
(a) Applicants are encouraged to appear before the Planning Commission for a pre-review of proposed wireless communication antenna and tower sites, which pre-review may be conducted by the Planning Commission upon the applicant's submittal of a site plan with the general location, type of structure and height being reviewed, together with surrounding uses.
(b) A wireless communication antenna and/or tower shall not be constructed or erected except upon a permit issued by the Building Commissioner after approval by the Planning Commission, after a public hearing, with advance notice of the hearing, published in a newspaper of general circulation in the City and by certified mail to all owners of property abutting the parcel on which the antenna and/or tower are to be located. The foregoing requirement of public notice, a hearing, and approval by the Planning Commission may be waived by the Building Commissioner for the construction of a new antenna and/or replacement of existing antenna on an existing structure, provided that the construction of a new tower and associated facilities is not required by the application. Any decision to deny a request to place, construct, or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning Commission.
(c) With the permit application to the Planning Commission, the applicant shall file a complete set of plans and specifications, a site plan showing the location of the tower and associated buildings, uses and structures on the same and adjacent parcels, and any other information deemed necessary by the Planning Commission for a review of the application. The applicant is also encouraged to provide photographs showing structures and uses on adjacent parcels. The application shall also include the applicant's proposed total number of towers, if more than one, and the additional tower locations in the City. The applicant shall also place on deposit the applicable fees required by Section 1355.11 and shall also place on deposit the amount necessary for the City to obtain a certification from a registered engineer, pursuant to Section 1355.08, that the proposal is in compliance with all Federal, State and local regulations. As part of the permit application, the applicant shall provide the City with a list of competitors, together with their addresses, so that the City may notify the competitors of the application in an effort to encourage co-location.
(d) Approval by the Planning Commission of the granting of a permit shall become effective only following review and a public hearing by City Council. The requirement of a public hearing before City Council may be waived by Council if the application is for co-location or if the application is for location on City-owned property. Written notice of the granting of such permit shall be filed forthwith by the Secretary of the Planning Commission with the Clerk of Council. If, within the thirty-day period next succeeding such filing, Council, by a majority vote, disapproves the Commission's action in granting the permit, the permit shall be void and shall not be issued; otherwise, it, together with any conditions imposed by Council, shall be in full force and effect on the day next succeeding the thirty-day period. However, should Council approve the action of the Planning Commission within the thirty-day period, the permit shall be in full force and effect from the date of the approval. Any decision to deny a permit to place, construct or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Council.
(Ord. 8329-1997. Passed 4-1-97; Ord. 9647-2010. Passed 5-5-10; Ord. 9925-2014. Passed 7-1-14.)
Only the following types of wireless communication antenna and/or tower installations shall be permitted under this chapter:
(a) Wireless communication antennas attached to a permitted institutional, recreational, public utility, office, industrial or commercial building or structure, provided the antenna does not exceed ten feet above the highest point of the structure and provided the transmission and receiving equipment, where feasible, is stored inside the existing building or structure or on the roof in an enclosure. If the wireless communication antenna is located on the roof of a structure, it shall be located as far as possible away from the edge of the building. All wireless communication antennas shall be painted or otherwise treated so as to match the exterior of the building. The foregoing does not preclude the use of small base stations and repeaters on the sides of buildings, on utility poles or in ground-mounted pedestals. Telecommunication facilities in residential zones, as approved pursuant to Section 1355.03, shall be placed within an existing lattice high-tension tower.
(b) Wireless communication monopole or lattice towers constructed up to, but not including, 200 feet in height above the finished grade, unless a lesser height is technically feasible to service the geographical service area of the applicant and the transmission and receiving equipment is stored inside a building constructed for that purpose. All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above the finished grade. Such structure shall be designed to have sufficient structural capacity to allow for at least three providers to be located on the structure when constructed to the maximum allowable height. The wireless communication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment building large enough to accommodate at least three users. If an equipment building is initially constructed to accommodate only one user, space shall be reserved on-site for equipment building expansions to accommodate up to at least three users. Underground equipment shelters are encouraged, especially in non-industrial districts, and may be requested by the Planning Commission. The maximum size of above-ground equipment buildings is 300 square feet for one provider and in no circumstances more than 750 square feet in total.
(Ord. 8329-1997. Passed 4-1-97.)
The Planning Commission shall consider, and the applicant shall demonstrate, compliance with the following standards in determining whether to approve an application for a wireless communication antenna and/or tower:
(a) There is no technically suitable space reasonably available on an existing tower or structure within the geographic area to be served. With the permit application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If another communication tower is technically suitable, the applicant must show that it has requested to co-locate on the existing tower and the co-location request was rejected by the owner of the tower. In all circumstances, owners of existing towers shall promptly respond to requests for co-location, but in no event shall they respond in more than thirty days from the date of receipt of written request for co-location. If another communication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to co-locate an antenna on another tower within the City owned by the applicant upon reciprocal terms and the offer was not accepted. In all cases, the City shall use its best efforts to encourage co-location.
(b) As a condition of issuing a permit to construct and operate a tower in the City, the owner/operator of the tower is required to allow co-location until said tower has reached full antenna capacity, but in no event fewer than two additional antennas for two additional providers. Agreement to this provision must be included in the lease by the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Planning Commission and Council evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of the section as well as the requirements, regulations and standards established in this chapter. As an additional condition of issuing the permit to construct and operate the tower in the City, the owner/operator of the tower is required to sign a statement that all disputes with future providers concerning co- location and their terms and conditions of co-location shall be submitted to commercial arbitration under a system selected by the parties, but if the parties are unable to agree, then under the auspices of the Commercial Arbitration Provisions of the American Arbitration Association.
(c) Poles, towers, equipment structures and antenna placement shall meet the minimum yard setback requirements set forth in the Zoning Ordinance for the zoning district in which the antenna and/or tower is proposed to be located and all lot area requirements for that zoning district.
(d) Screen fencing shall be provided for aesthetic and public safety reasons. A fence at least six feet in height shall be erected completely around the communication tower and any related support facilities. Barbed wire at the top of the fence is permitted. "No trespassing" signs shall be posted around the wireless telecommunication facility with the telephone number of a person to contact in the event of an emergency.
(e) Towers and antennas shall be designed to withstand sustained winds of at least eighty miles per hour with one-half inch of icing.
(f) A landscaped buffer area of not less than ten feet in depth shall be placed between the wireless communication facilities and the public rights-of-way, residential zoning districts and any adjacent residential uses. The ten-foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary. Additional landscaping buffers may be required by the Planning Commission pursuant to Section 1355.07(b)(5).
(g) The owner or operator shall agree to remove a non-functioning facility within six months of ceasing its use. The owner of the antenna and/or tower shall annually file a declaration with the Building Commissioner as to the continuing operation of every facility installed subject to this chapter. The owner/operator of the antenna and/or tower shall sign a written consent agreeing to an annual inspection of the wireless communication facility by the City Engineering Department.
(h) The owner or operator shall be required, as a condition of issuance of a permit, to post a cash or surety bond acceptable to the Law Director of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless communication tower, which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed within six months of cessation of use and abandonment. Any co-locator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the co-locator occupies the tower.
(i) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.
(j) Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by Federal Aviation Administration (FAA) regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted at the wireless telecommunication facility with the prior approval of the Planning Commission.
(k) The applicant must provide written certification from a registered engineer that the antenna and/or tower are to be constructed in compliance with all applicable Federal, State and local regulations pertaining to the construction. Additionally, prior to receiving final inspection by the City Building Department, documented certification shall be submitted to the FCC, with a copy to the City Building Department and the Engineering Department, certifying that the wireless communication facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
(l) A proposed new tower in an industrial or commercial district shall not be located within 1,000 feet of any residential zoning district.
(m) No advertising shall be permitted on the wireless telecommunication facility.
(n) There shall be a separation of at least one-quarter mile between new wireless communication towers. The Planning Commission may waive this requirement with the approval of Council for the purposes of clustering of towers and placement of towers in electric high-tension towers.
(Ord. 8329-1997. Passed 4-1-97.)
(a) Application. Prior to action by the Planning Commission, the permit application must be reviewed and approved. In addition to any standard submission requirements, the applicant shall provide the following information:
(1) The location of any electrical or signal transmitting wires or cables to be used;
(2) The specific antenna support structure device which is to be used;
(3) The proposed method of screening the antenna support structure to make it as inconspicuous as possible and to help it blend into the surrounding area, where feasible;
(4) Elevation drawings illustrating the placement, height, color and material of the antenna and its support structure and
(5) A plot plan of the lot, premises, parcel of land and adjacent parcels showing, among other things, the exact location of the proposed antenna and its support structures, the exact location and dimensions of all buildings on the parcel and adjacent parcels, and property lines.
If the information provided above does not clearly convey placement alternatives on the site, the Planning Commission may require an independent evaluation of signal access for a minimum of the three most feasible, alternative locations on the site. The evaluation shall be prepared by a consultant and approved by the Planning Commission and paid for by the applicant.
(b) Architectural Review and Findings. Prior to approval of an installation, the Planning Commission shall find as follows:
(1) There is no other location on the site for the proposed antenna support structure which would result in a less conspicuous or more aesthetically pleasing installation while still providing reasonable signal access;
(2) The antenna and its support structure is the smallest possible for the frequency used and optimally located to allow reasonable signal access;
(3) Apart from the tower or monopole structure, the facility appurtenances are aesthetically and architecturally compatible with the architecture of the surrounding environment;
(4) The color of the structure blends with the surrounding environmental characteristics; and
(5) A landscape plan has been reasonably designed to enhance the aesthetic quality of the tower location and to adequately screen the site from the view of drivers and pedestrians on adjacent rights-of-way and properties.
(Ord. 8329-1997. Passed 4-1- 97.)
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