The following standards shall apply to all cellular or wireless communications antennas and towers submitting application to the City assignees:
   (A)   The person shall demonstrate, using the latest technological evidence, why the antenna or tower must be placed in a proposed location in order to serve its necessary function in the company's grid system. Part of the demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company's grid system. The area shall be considered the allowable zone.
   (B)   If the person proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contracted the owners of nearby tall structures within the zoned district, asked for permission to install the cellular communications antenna on those structures, and was denied for either non-economic reasons or that a clearly unreasonable economic demand was made by the owner, based on prevailing market values. “Tall Structures” shall include, but not be limited to: smoke stacks, water towers, buildings over 35 feet in height, antenna supporting structures or other cellular or wireless communication companies, other communication towers. The City may deny the application to construct a new cellular or wireless communication tower if the applicant has not made a good faith effort to mount the antenna on existing structure.
   (C)   The applicant shall demonstrate that the antenna/tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirement. No antenna that is taller than the necessary height shall be approved. Cellular or wireless towers shall be monopole construction unless it is demonstrated that another type of tower is required for safety purposes.
   (D)   If a new cellular or wireless tower is to be constructed in an industrial zoned district, the minimum distance between the base of the tower or any guy wire anchors and any property line which abuts a zoning district other than a residential area shall be no closer than the greater of the following:
      (1)   40% of the tower height
      (2)   50 feet of the property line.
   (E)   (1)   All cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufactures. The person applying shall demonstrate that the proposed cellular or wireless communication tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice, or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC regulations or applicable Building code regulations set out in Chapter 150 of the XV Land Usage Ordinance, and the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met.
      (2)   If the installation and/or the operation of the cellular or wireless communication tower site is determined by City Council, upon presentation of proper and sufficient documentation; and after a public hearing, that the operation of a cellular or wireless communications tower is inherently dangerous or is a demonstrable health hazard, the cellular or wireless tower shall be declared to be a nuisance and all operation shall cease.
   (F)   An enclosed wood fence shall be required around the cellular or wireless communication tower and its support structure(s) unless the antenna is mounted on an existing structure. The enclosed wood fence shall be a minimum of eight feet in height and shall be painted forest green and maintained yearly for appropriate upkeep to city standards evaluated by City Safety Director, City Engineer decisions at the time of annual City Regulations submittal.
   (G)   Landscaping in compliance with a plan approval by the City Safety Director and City Engineer shall be provided to screen as much of the support structure and ground level features as possible and such landscaping shall be maintained and is subject to annual review during the Annual Registration Process, January 1 of each year. In addition, existing vegetation (such as trees and bushes) on and around the site shall be preserved to the greatest extent possible.
(Ord. 65-97, passed 8-26-97)