(A) Initial requirements. A special use permit shall not be considered by the Zoning Board of Adjustment unless and until the following requirements are met:
(1) An application for special use permit and all submissions required pursuant to the provisions of § 159.101(D), deemed relevant by the BNS Director, are submitted to the Zoning Board of Adjustment for review, which the Zoning Board of Adjustment shall consider in approving, approving with conditions, or denying a special use permit. In the event of a conflict between provisions of this subchapter and provisions generally applicable to a special use permit, the provisions of this subchapter shall control.
(2) Notice of a public hearing on an application for special use permit shall be published in accordance with the provisions of Iowa Code § 362.3 not less than four and not more than 20 days in advance of such hearing.
(B) Review criteria. The Zoning Board of Adjustment shall apply the following criteria, as applicable, in approving, approving with conditions, or denying a special use permit relative to an application:
(1) Height, setback, fall zone, and lot area requirements.
(a) No tower shall exceed a height of 190 feet above grade, unless otherwise approved by the Zoning Board of Adjustment in accordance with the provisions of § 159.100. A lightning rod, up to ten feet in height, shall not be included within this height limitation.
Notwithstanding the foregoing height limitation, or the provisions of §
159.100
, any tower (including any existing tower) damaged or destroyed by the derecho that struck the city on August 10, 2020 may be replaced with a new tower up to the same height as the tower so damaged or destroyed, and without the necessity of submitting a technical study as might otherwise be required pursuant to the provisions of §
159.100
.
(b) No transmission equipment installed upon or affixed to a base station or proposed to be installed upon a wireless support structure, shall exceed the height of the base station or wireless support structure, at its highest point, by more than 20 feet unless otherwise approved by the Zoning Board of Adjustment in accordance with the provisions of § 159.100.
(c) Towers shall be located so the distance from the base of the tower (or distance from guy wires if used in conjunction with a tower) to any adjoining property satisfies the minimum building setback requirement for the zoning district in which the tower is located. Base stations shall similarly comply with such minimum building setbacks. Transmission equipment extending horizontally beyond the edge of a tower or base station shall not encroach upon an adjoining parcel.
(d) Notwithstanding compliance with minimum building setback requirements for the zoning district in which a tower is located, all towers shall be situated to provide a sufficient fall zone such that the distance from the base of the tower to the nearest occupied structure, public right-of-way, railroad, residential zoning district, and/or property designated for residential use pursuant to the city's comprehensive plan, exceeds the height of the tower by 105%. Provided, if the tower is constructed utilizing breakpoint design technology, the required fall zone shall be equal to 125% of the distance from the top of the tower to the designed breakpoint. For example, on a 100-foot monopole tower with a designed breakpoint at 80 feet, the required fall zone would be 25 feet from the base of the tower (125% of 20 feet, the distance from the top of the tower to the designed breakpoint). The required fall zone shall not exceed the boundaries of the parcel upon which the tower is situated unless the applicant obtains and submits to the city appropriate easements from the owners of each parcel located within the fall zone.
(e) For the purposes of determining compliance with setbacks, lot coverage, and other such requirements for the zoning district in which a tower and base station are located, the dimensions of the entire lot or parcel shall control, even if located on a leased area situated within such lot or parcel.
(2) Collocation. In furtherance of the city's objective of encouraging collocation, towers exceeding 150 feet in height must be engineered, designed, and constructed to accommodate additional communication antennas when technically feasible.
(3) Fencing. Towers (and guy wires if used in conjunction with a tower) shall be enclosed by a security fence not less than six feet in height, provided this requirement shall not prevent fencing required to satisfy state or federal requirements. If necessary for security, an additional one foot of barb wire may be added to the top of a fence.
(4) Lighting. Towers, transmission equipment, base stations, and/or other wireless facilities shall not be illuminated unless required to conform to FCC, FAA, or other state or federal requirements. If lighting is required, the lighting alternative or design chosen must cause the least disturbance to surrounding views and/or surrounding properties. Security lighting may be provided around the base of a tower if zero cut-off luminaries with a maximum mounting height of 12 feet are used to limit lighting to the site.
(5) Finishing. Towers shall be painted or coated silver or have a galvanized finish or be painted a neutral color to reduce visual obtrusiveness to the maximum extent possible, unless otherwise required by state or federal requirements. Towers and transmission equipment shall not be painted in such a manner as to convey a company identity, and all transmission equipment shall be of a color that matches the tower, unless otherwise required by state or federal requirements.
(6) Signage. No signage, logos, decals, symbols, or messages of a commercial nature may be displayed upon a tower, base station, or required fencing, except for warning and identification signs and notifications, and such other signs as may be required by local, state, or federal requirements.
(7) Landscaping/buffering.
(a) Towers shall be landscaped with a buffer of plant material that effectively screens from view the base of the tower from adjacent properties and/or streets. The plantings installed shall be of a size and species that can achieve a height of six feet and 75% opacity during at least three seasons.
(b) In locations where the visual impact of the tower would be minimal, as determined by the Zoning Board of Adjustment, the landscaping requirement may be reduced or waived. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. Natural growth around the perimeter of the site may be considered a sufficient buffer for a tower, as determined by the Zoning Board of Adjustment.
(8) Concealment.
(a) Transmission equipment installed upon or affixed to a base station shall be installed so as to camouflage, disguise, or conceal them to make them closely compatible with and blend into the base station.
(b) Transmission equipment installed upon or affixed to a building shall be concealed within existing architectural features to the maximum extent feasible. Any new architectural features proposed to conceal the transmission equipment shall be designed to mimic the architectural features of the building, shall be proportional to the building, and shall utilize materials of a similar quality finish, color, and texture as the building.
(c) Transmission equipment mounted upon the roof of a building shall be set back from all roof edges to the maximum extent feasible taking into consideration need for line-of-sign transmission and reception of signals.
(9) Sounds. Objectionable sound emissions such as alarms, bells, buzzers, or the like are prohibited unless required to conform to FCC, FAA, or other state or federal requirements.
(10) Outdoor storage prohibited. Except during a reasonable period during construction or maintenance, as determined by the Building and Neighborhood Services Director, outdoor storage of vehicles, equipment, tools, supplies, materials, and other items at any site is prohibited.
(11) Vehicular access. All sites shall have vehicular access to and from the site and a public street.
(Ord. 2598, passed 12-11-2018; Ord. 2679, passed 5-25-2021) Penalty, see §
159.999