In order to protect the public health, safety, and general welfare of the community, while accommodating the communication needs of residents and businesses, these regulations are necessary in order to:
A. Facilitate the provision of wireless telecommunication services to the residents and businesses of the municipality;
B. Minimize adverse visual effects of towers through careful design and siting standards;
C. Encourage the location of towers in nonresidential areas through performance standards and incentives;
D. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
E. Provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing. (1974 Code § 4-2401)
B. Additional Definitions: Additional definitions of words used in this chapter:
COLLOCATION: The use of a single support system on the ground by more than one carrier or several support systems on an existing building or structure by more than one carrier.
FACADE MOUNTED: Directly attached or affixed to the elevation of a building, tank, or other structure.
FREESTANDING TOWER: A tower not physically attached to a building or structure. A tower is attached to the ground by a foundation.
LATTICE TOWER: A support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross section.
MASTER DEVELOPMENT PLAN: A plan showing a carrier's expected network of wireless communication facilities within the city and its area of impact.
TEMPORARY WIRELESS COMMUNICATION FACILITY: Any tower, pole, antenna, etc., designed for use while a permanent wireless facility is under repair, or for a special event or conference where the existing communication capabilities will not meet the requirements.
UTILITY POLE: A telephone, power, light, cable television, or flag pole. Light poles shall include street, stadium and security light poles.
WIRELESS COMMUNICATIONS FACILITY: An unstaffed commercial facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, and other facilities. (1974 Code § 4-2402)
A. Collocation Requirements:
1. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the planning and zoning commission finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (1/2 mile search radius for towers under 120 feet in height, 1/4 mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.
c. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
d. Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
e. 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 collocation are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
B. Tower Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the federal aviation administration or other federal or state authority for a particular tower.
C. Temporary Wireless Communications Facilities: Any facility designed for temporary use is subject to the following:
1. Use of a temporary facility is allowed only if the owner has received a temporary use permit from the planning and zoning clerk.
2. Temporary wireless facilities are permitted for use for the period of time determined to be reasonable by the planning and zoning clerk based upon the requirements of the permit request.
D. Abandonment Or Unused Wireless Communication Facility:
1. Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communication facility within ninety (90) days of the date of abandonment or discontinuation of use, and restore the site to its original condition.
2. Unused portions of towers above a manufactured connection shall be removed within ninety (90) days of the time of discontinuance of use. The replacement of portions of a tower previously removed requires the issuance of a new wireless facility permit.
3. The carrier shall provide to the city, prior to issuance of a permit, a performance bond in the amount of twenty thousand dollars ($20,000.00) or a bond equal to a written estimate from a qualified tower removal contractor to guarantee that the facility will be removed when no longer in use. The city shall be named as an obligee in the bond and must approve the bonding company.
E. Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. (1974 Code § 4-2403)
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