(A) Generally. The city exercises zoning, land use, planning, and permitting authority regarding the siting of wireless facilities within the city's territorial boundaries and within the two-mile limit of the city's territorial boundaries, subject to the provisions of Iowa Code Chapter 8C and federal law.
(B) Specially permitted uses. Towers may be permitted by special use permit, as provided in this subchapter, in any zoning district in the city except the city's R-1A, R-1B, R-1C, R-2, R-4, R-5, C-3 and SP zoning districts. Base stations and the placement of transmission equipment on wireless support structures may be permitted by special use permit, as provided in this subchapter, in any zoning district in the city.
(C) Pre-existing wireless facilities. Existing towers, existing base stations, transmission equipment or other wireless facilities approved prior to the effective date of this subchapter, as last amended, shall be considered nonconforming and shall not be required to meet the requirements of this subchapter, provided requests for modifications with respect to the same falling within the purview of §§ 159.102 and 159.104 shall comply with the provisions thereof and such other provisions of this subchapter implicated thereby.
(D) Allowable uses. Allowable uses within the city's wireless communication facility overlay districts will include all allowable uses pursuant to provisions governing the underlying zoning districts as well as wireless facilities permitted pursuant to the provisions of this subchapter.
(E) Zoning for airports and airspace. The city has implemented airport zoning regulations as set forth in Chapter 157 of this city code pursuant to the provisions of Iowa Code Chapter 329 for the protection of navigable airspace and may administer and enforce such regulations not in conflict with any standards or regulations of the FAA, or other state or federal requirements
(F) Historic properties and districts. Applicants shall comply with all federal and state historic property laws. The city’s Historic Preservation Commission shall further have the authority to approve or deny requests to alter exterior features within any area designated as an area of historic significance and designated local historic landmarks.
(G) Relationship to other ordinances. The provisions of this subchapter shall supersede all conflicting requirements of other ordinances regarding wireless facilities.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999