§ 214.04 BUILDING PERMIT REQUIRED.
   Towers or antennas may not be constructed in any zoning district unless a building permit has been issued by the Building Official and any other appropriate permit has been approved by the city.
   (A)   Accessory and secondary use antennas. The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes TVRO’s (television receive only) 2 meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio and television receivers, but not including antennas used in the amateur radio service regulated by § 214.04(B) (Building Permit Required) of this title.
      (1)   Single satellite TVRO’s accessory to a residential use shall not exceed 1 meter in diameter except as provided for by § 214.04(C) (Building Permit Required) of this title.
      (2)   Accessory and secondary use antennas used for federally licensed amateur radio stations or for the amateur radio service shall be regulated by § 214.04(B) (Building Permit Required) of this title.
      (3)   Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, or buffer yard, and shall be set back a minimum of 10 feet from all lot lines.
      (4)   Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of 5 feet from all lot lines.
      (5)   Accessory or secondary use antennas and necessary support structures or towers, whether freestanding or mounted on another structure, may extend a maximum of 15 feet above the normal height restriction for the affected zoning district.
      (6)   The installation of more than 1 support structure per property shall require the approval of a conditional use permit, subject to the provisions of Chapter 196 (Conditional Use Permits) of this title.
   (B)   Amateur radio service. The following standards shall apply to all accessory and secondary use antennas and towers used in the amateur radio service:
      (1)   Antennas and towers used in the amateur radio service shall conform to all applicable provisions of this section and shall require the approval of a conditional use permit, subject to the provisions of Chapter 196 (Conditional Use Permits) of this title.
      (2)   Exempt provisions. Antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service shall be exempt from the requirement of § 214.03(C), (E), (H), (I), and (J) (General Standards) of this title. All other provisions of § 214.03 (General Standards) of this title shall apply.
      (3)   Installation requirements. Antennas and towers used in the amateur radio service shall be installed in accordance with the instructions furnished by the manufacture of the antenna or tower. Because of the experimental nature of the amateur radio service, antennas mounted on such towers may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer’s specifications.
      (4)   Location.
         (a)   Amateur radio service antennas and towers shall not be erected in any required yard (except a rear yard) or within a public or private utility and drainage easement, and shall meet the principal structure setbacks of the underlying zoning district.
         (b)   Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements or required buffer yard, and shall be set back a minimum of 5 feet from all lot lines.
      (5)   Tower design.
         (a)   Height.
            1.   Except as provided for in § 214.04(B)(5)(a)2. (Building Permit Required) of this title, antennas and towers used in the amateur radio service shall not exceed a height equal to the minimum height necessary to provide adequate service but shall in no case exceed 70 feet in height.
            2.   Vertical pole antennas not exceeding 3 inches in diameter that are utilized in the amateur radio service may extend to a maximum height of 45 feet.
         (b)   Fail points. Amateur radio towers shall have fail points so as to assure that the structure will collapse on the subject site and not extend to and jeopardize life or adjacent property.
      (6)   The installation of more than 1 tower or support structure per property shall require approval of a conditional use permit, subject to the provisions of Chapter 196 (Conditional Use Permits) of this title.
   (C)   Satellite dishes.
      (1)   Agricultural/rural and residential district standards. Single satellite dish TVRO’s greater than 1 meter and less than 3 meters in diameter may be allowed as a conditional use within the agricultural and residential zoning districts of the city and shall comply with the following standards:
         (a)   All accessory and secondary use provisions of § 214.04(A) (Building Permit Required) of this title are satisfactorily met.
         (b)   The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free receive window can be maintained within the limits of the property ownership.
         (c)   Except where the satellite dish is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.
         (d)   The conditional use permit performance standards of Chapter 196 (Conditional Use Permits) of this title are considered and determined to be satisfied.
      (2)   Commercial district standards. Satellite dish antennas within commercial districts of the city shall be limited to those listed as permitted accessory and secondary uses in the applicable zoning district subject to the provisions of § 214.04(A) (Building Permit Required) of this title.
      (3)   Industrial Districts and POS Public and Open Space District standards. Commercial, private, and public satellite dish transmitting or receiving antennas in excess of 2 meters may be allowed as a conditional use and shall comply with the following standards:
         (a)   All accessory and secondary use provisions of § 214.04(A) (Building Permit Required) of this title are satisfactorily met.
         (b)   The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit/receive window or windows can be maintained within the limits of the property ownership.
         (c)   Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.
         (d)   The conditional use permit performance standards of Chapter 196 (Conditional Use Permits) of this title are considered and determined to be satisfied.
   (D)   Personal wireless service antennas.
      (1)   Agricultural/Rural and Residential District standards.
         (a)   Personal wireless service antennas located upon an existing public or semi-public structure or tower. Personal wireless service antennas located or collocated upon an existing public or semi-public structure or tower shall require the processing of a conditional use permit and shall comply with the following standards:
            1.   The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate wireless coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.
            2.   Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.
            3.   A conditional use permit is issued in compliance with the provisions of Chapter 196 (Conditional Use Permits) of this title and the following standards:
               a.   Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.
               b.   Roof-mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.
               c.   Wall or facade mounted antennas may not exceed more than 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.
               d.   Antennas may be mounted to structures that are allowed to exceed the maximum height requirements of the base district pursuant to § 212.04 (Building Height) of this title. The location of antennas on such structures or towers may not exceed the height of the structure and must be architecturally compatible in form and color.
         (b)   Personal wireless service antennas not located upon an existing public or semi-public structure or tower. Personal wireless service antenna not located upon an existing structure or existing tower shall require the processing of a conditional use permit and shall comply with the following standards:
            1.   The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate portable coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.
            2.   If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that:
               a.   The pole does not exceed 75 feet in height, except as may be allowed by approval of a conditional use permit.
               b.   The setback of the pole from the nearest residential property line is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.
            3.   Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.
            4.   At the discretion of the city, a security fence not greater than 8 feet in height with a maximum opacity of 50% shall be provided around the support structure.
            5.   The conditional use permit provisions of Chapter 196 (Conditional Use Permits) of this title are considered and determined to be satisfied.
      (2)   Commercial Districts and POS Public and Open Space District standards.
         (a)   Personal wireless service antennas located upon an existing structure or existing tower. Personal wireless service antennas located or collocated upon an existing structure or existing tower shall require the processing of a conditional use permit.
            1.   Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.
            2.   A conditional use permit is issued in compliance with the provisions of Chapter 196 (Conditional Use Permits) of this title and the following standards:
               a.   Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.
               b.   Roof mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.
               c.   Wall or facade mounted antennas may not exceed more than 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.
               d.   Antennas may be mounted to structures that are allowed to exceed the maximum height requirements of the base district pursuant to § 212.04 (Building Height) of this title. The location of antennas on such structures may not exceed the height of the structure and must be architecturally compatible in form and color.
         (b)   Personal wireless antennas not located upon an existing structure or existing tower. Personal wireless antennas not located upon an existing structure or existing tower shall require the processing of a conditional use permit and shall comply with the following standards:
            1.   The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.
            2.   If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided that:
               a.   The pole does not exceed 75 feet in height, except as may be allowed by approval of a conditional use permit.
               b.   The setback of the pole from the nearest residential property line is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.
            3.   Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate.
            4.   At the discretion of the Zoning Administrator, a security fence not greater than 8 feet in height with a maximum opacity of50% shall be provided around the support structure.
            5.   The conditional use permit provisions of Chapter 196 (Conditional Use Permits) of this title are considered and determined to be satisfied.
      (3)   Industrial District standards.
         (a)   Personal wireless service antennas located upon an existing structure or existing tower. Personal wireless service antennas located or collocated upon an existing structure or existing tower shall require the processing of a conditional use permit and shall comply with the following standards.
            1.   A conditional use permit is issued in compliance with the provisions of Chapter 196 (Conditional Use Permits) of this title and the following standards:
               a.   Antennas mounted on public structures shall not extend more than 15 feet above the structural height of the structure to which they are attached.
               b.   Roof mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least the height of the antenna structure from the roof edge.
               c.   Wall or facade mounted antennas may not exceed more than 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.
               d.   Antennas may be mounted to semi-public structures that are allowed to exceed the maximum height requirements of the base district pursuant to § 212.04 (Building Height) of this title. The location of antennas on such structures may not exceed the height of the structure and must be architecturally compatible in form and color.
         (b)   Personal wireless service antennas not located upon an existing structure or existing tower. Personal wireless service antennas not located upon a public structure or tower shall require the processing of a conditional use permit and shall comply with the following standards:
            1.   If there is no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a monopole tower not exceeding 195 feet in height. The tower shall be located on a parcel having a setback equal to the height of the tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances.
            2.   A conditional use permit is issued in compliance with the provisions of Chapter 196 (Conditional Use Permits) of this title.
   (E)   Temporary mobile towers. Personal wireless service antennas located upon a temporary mobile tower shall be allowed in all commercial and industrial districts and the POS Public and Open Space District on an interim basis and shall require the processing of an interim use permit according to Chapter 197 (Interim Use Permits) of this title and shall comply with the following standards:
      (1)   Temporary mobile towers are exempt from permanent tower structure design and collocation standards contained in § 214.06 (Collocation Requirement) and § 214.08(L) (Construction Standards) both of this title.
      (2)   The termination date of the permit shall not exceed 120 days unless otherwise approved by the City Council through the processing of the interim use permit as provided in Chapter 197 (Interim Use Permits) of this title.
      (3)   Guyed towers are prohibited.
      (4)   Mobile units shall have a minimum tower design wind load of 80 miles per hour, or be setback from all structures a distance equal to the height of the tower.
      (5)   All towers shall be protected against unauthorized climbing.
      (6)   The height of the tower shall not exceed 90 feet, except as may be allowed by approval of an interim use permit.
      (7)   Temporary towers shall be prohibited in agricultural or residential zoning districts.
   (F)   Commercial and public radio and television transmitting antennas, public safety communication antennas and public utility microwave antennas shall comply with the following standards:
      (1)   Such antennas shall be considered an allowed conditional use within the B-2 Highway Business, I-1 Light Industrial and POS Public and Open Space Zoning Districts and shall be subject to the regulations and requirements of Chapter 196 (Conditional Use Permits) of this title.
      (2)   If there is no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a monopole tower not exceeding 195 feet in height. The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a setback equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.
      (3)   Unless the antenna is mounted on an existing structure, at the discretion of the city, a fence not greater than 8 feet in height with a maximum opacity of 50% shall be provided around the support structure and other equipment.
      (4)   Towers in excess of 150 feet may be of a lattice design.
(Ord. 2011-06-07A, passed 6-7-2011)