§ 162.06  CO-LOCATION OF CELLULAR AND WIRELESS COMMUNICATION TOWERS.
   (A)   In order to reduce the number of antenna support structures needed in the City in the future, the owner of an existing cellular or wireless communications tower shall not unreasonably deny a request to accommodate other uses, including other cellular or wireless communication companies, and the antenna of local police, fire and EMS department needs. The owner of the existing cellular or wireless communications tower may request reasonable compensation for the use of the tower.
   (B)   For the purpose of encouraging co-location of cellular and wireless antenna and other uses, cellular or wireless communication towers shall be designed, engineered, and constructed as follows, unless waived for good cause to minimize impact on adjoining property by the Mayor, City Staff designee or Planning Commission Chair.
      (1)   Towers less than 75 feet tall shall be designed, engineered and constructed to handle one or more cellular or wireless communications service users;
      (2)   Towers more than 75 feet in height but less than 150 feet shall be designed, engineered and constructed to support antennas installed by two or more wireless communication service users; and
      (3)   Towers 150 feet in height or taller shall be designed, engineered and constructed to support antennas installed by three or more cellular or wireless communications service users.
   (C)   As used in the above three points, the term USERS shall include the antennas of police, fire and EMS departments. These governmental entities shall not be considered “users” until their respective telecommunications antennas and equipment are placed on the tower and a fee agreement for carriage has been negotiated and approved by City Council. In addition, an applicant must demonstrate that the area acquired for the use and construction of the cellular tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.
(Ord. 65-97, passed 8-26-97)