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Clinton, IA Code of Ordinances
CITY OF CLINTON, IOWA CODE OF ORDINANCES
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TITLE XV: LAND USAGE
CHAPTER 150: DANGEROUS BUILDINGS
CHAPTER 151: FIRE PROTECTION CODE
CHAPTER 152: FIRE SAFETY REQUIREMENTS
CHAPTER 153: BUILDING NUMBERING
CHAPTER 154: BUILDING AND HOUSING CODES
CHAPTER 155: MINIMUM HEALTH AND HOUSING STANDARDS
CHAPTER 155A: PROPERTY MAINTENANCE
CHAPTER 155B: REAL ESTATE SUBJECT TO LIS PENDENS LIST
CHAPTER 156: FLOODPLAIN REGULATIONS
CHAPTER 157: AIRPORT ZONING REGULATIONS
CHAPTER 158: SUBDIVISION REGULATIONS
CHAPTER 159: ZONING REGULATIONS
TABLE OF SPECIAL ORDINANCES
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Clinton, IA Code of Ordinances (PDF)
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§ 159.100 EXCEPTIONS.
   The Zoning Board of Adjustment may, in approving a special use permit, grant exceptions from the criteria set forth in § 159.099(B) if supported by a technical study submitted by the applicant, acceptable to the Zoning Board of Adjustment, which confirms the exception is essential to the provision of service and no reasonable alternative is available that conforms to the criteria in question, provided in no event shall any tower exceed 300 feet above grade; a lightning rod up to ten feet in height, shall not be included within this height limitation.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999
§ 159.101 APPLICATION PROCESS FOR ALL APPLICATIONS.
   (A)   Application. Applicant shall complete an application form and indicate whether its application and intended use is for:
      (1)   An eligible facilities request;
      (2)   Construction of a new tower;
      (3)   Initial placement of transmission equipment on a wireless support structure;
      (4)   Modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station; or
      (5)   Any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request.
   (B)   Application fee. A deposit equal to 50% of the maximum allowable application fee for a specific type of application, as provided below, shall be submitted with each application. This deposit shall be applied toward the application fee with any balance returned to the applicant upon completion of the application process; in the event the deposit is not sufficient to satisfy the application fee, the applicant shall be required to pay the difference to the city upon demand. The application fee, including all city and third-party fees for review or technical consultation, shall be reasonably related to actual and direct administrative costs according to Iowa law and are as follows:
      (1)   Up to $500 for an eligible facilities request;
      (2)   Up to $3,000 for a new tower;
      (3)   Up to $3,000 for the initial placement or installation of transmission equipment on a wireless support structure;
      (4)   Up to $3,000 for modification of an existing tower that constitutes a substantial modification; and
      (5)   Up to $3,000 for any other application to construct or place transmission equipment.
   (C)   Third-party review or technical consultation. The city may retain the services of third-party entities of its choosing to provide review or technical consultation of applications, including, but not limited to, attorneys, surveyors, and engineers. Such third-party review may include without limitation:
      (1)   The accuracy and completeness of applications, including items submitted therewith;
      (2)   The validity of analysis, techniques, and methodologies proposed by applicant;
      (3)   The validity of conclusion reached by applicant; and
      (4)   Whether the application satisfies applicable criteria set forth in this subchapter.
   (D)   Required submissions. Applications submitted pursuant to this subchapter shall include the following materials except to the extent the same are not applicable to eligible facilities requests:
      (1)   Identifying information. The legal name of applicant and name, title, mailing address, telephone number, and email address of the individual responsible for filing and processing applicant's application.
      (2)   Application designation. An attestation from applicant stating whether the application constitutes an eligible facilities request; an application for new tower construction; or an application for the initial placement or installation of transmission equipment on wireless support structures, modification of an existing tower or existing base station that constitutes a substantial change, or other requests for construction or placement of transmission equipment that do not constitute an eligible facilities request.
      (3)   Explanation regarding request for new tower. An explanation regarding the reason for choosing the proposed location for construction of a new tower and the reason applicant did not choose collocation. The explanation shall include a sworn statement from an individual who has responsibility over placement of the tower attesting that collocation within the area determined by applicant to meet applicant's radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to applicant.
      (4)   Special use permit application. All applications, except applications for eligible facilities requests, shall require submission of a special use permit application.
      (5)   FCC documentation. A copy of applicant's FCC license or registration for the site.
      (6)   FAA documentation. An affidavit attesting conformity with applicable FAA lighting and marking requirements.
      (7)   Evidence of site control. A legally binding document demonstrating applicant has control of the site for purposes set forth in applicant's application.
      (8)   Fall zone easements. One or more legally binding easements obtained from owners of each offsite parcel situated within a required fall zone.
      (9)   Site plan. Complete and accurate plans and drawings, drawn to scale, prepared signed and sealed by an Iowa-licensed engineer, land surveyor, and/or architect, including:
         (a)   A depiction of all proposed transmission equipment, wireless facilities, tower, base station, and/or wireless support facilities;
         (b)   Elevation drawings demonstrating compliance with applicable height requirements;
         (c)   A depiction of required fencing, landscaping, and/or screening;
         (d)   A depiction of all proposed utility runs and points of contact; and
         (e)   A depiction and description of the site (and leased or licensed area if applicable) showing the relative location of all proposed transmission equipment, wireless facilities, towers, base stations, and/or wireless support facilities, with all rights-of-way and/or easements for access and utilities, setbacks, and fall zone clearly identified.
      (10)   Site photos. Color photographs showing unobstructed views of the site from no less than four angles, at least one of which shall depict an outline of the area(s) to be fenced.
      (11)   Design justification. A clear and complete written analysis that explains how the proposed design complies with applicable criteria set forth in § 159.099(B) to the maximum extent feasible and identifies all applicable design standards complete with a factually detailed explanation of how and why the proposed design either complies or cannot feasibly comply.
      (12)   Design certification/structural assessment. A certificate prepared by an Iowa-licensed engineer indicating a tower, base station, or wireless support structure is sufficiently designed (in the case of new tower) or sufficiently constructed (in the case of an existing base station, wireless support structure, or tower) to support the transmission equipment and/or wireless facilities it is proposed to serve, and that it complies, or is designed to comply with applicable building codes and/or safety standards; and applicable regulations and standards of the FCC, FAA, and any other state or federal agency with the authority to regulate the same.
      (13)   Other published materials. All other information or materials the city may reasonably require from time to time, provided notice of the same is made publicly available and designated as part of the application requirements.
   (E)   Limitation of information. The information requested for an application shall not include information about or evaluate applicant's business decisions with respect to its application, applicant's designed service, customer demand for service, or quality of applicant's service to or from a particular area or site.
   (F)   Disclosure of public records. All records, documents, and electronic data submitted by applicant in the possession or custody of the city are subject to the provisions of Iowa Code Chapter 22. Disclosure of such records shall be consistent with applicable law.
   (G)   Limitations on review.
      (1)   Other potential locations or collocation. The city's review will not:
         (a)   Include evaluating the availability of other potential locations for the placement or construction of a tower or transmission equipment; or
         (b)   Require applicants to establish other options for collocation instead of the construction of a new tower or modification of an existing tower or existing base station that constitute a substantial change to an existing tower or existing base station.
      (2)   Transmission equipment and technology. The city shall not dictate the type of transmission equipment or technology to be used by applicant or discriminate between different types of infrastructure or technology.
      (3)   Radio frequency and environmental impacts. The city shall not:
         (a)   Deny an application, in whole or in part, based on perceived or alleged environmental effects of radio frequency emissions, as provided in 47 U.S.C. § 332(c)(7)(B)(iv);
         (b)   Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality; or
         (c)   Impose environmental testing, sampling or monitoring requirements or other compliance measures for radio frequency emissions from transmission equipment that are categorically excluded under FCC rules for radio frequency emissions pursuant to 47.C.F.R. § 1.1307(b)(1).
      (4)   Removal. The city shall not require the removal of existing towers, existing base stations, or existing transmission equipment, wherever located, as a condition to approval of an application.
      (5)   Emergency power systems. The city shall not prohibit the placement of emergency power systems that comply with federal and state environmental requirements.
      (6)   Surety requirements. The city shall not impose surety requirements, including bonds, escrow, deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused towers or transmission equipment can be removed.
      (7)   Tower space. The city shall not condition the approval of an application on applicant's agreement to:
         (a)   Provide space on or near the tower, base station, or wireless support structure for the city or local governmental or nongovernmental services at less than the market rate for such space; or
         (b)   Provide other services via the structure or facilities at less than the market rate for such services.
      (8)   Discrimination. The city shall not discriminate based on the ownership, including ownership by the city, of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or for evaluating applications.
   (H)   Duration of approval. The duration of an application approval shall not be limited, except that construction of the approved structure or facilities shall be commenced within two years of final approval, including the disposition of any appeals, and diligently pursued to completion.
   (I)   Final inspection.
      (1)   A certificate of occupancy for towers, transmission equipment, base stations, and/or other wireless facilities will only be granted upon satisfactory evidence applicant's work pursuant to a granted application:
         (a)   Substantially complies with approved plans, submissions, and specifications;
         (b)   Meets or exceeds current standards and regulations of the FCC, FAA, and any other state or federal agency with the authority to regulate the same; and
         (c)   Complies with standards set forth in applicable state and/or local building codes and industry safety standards, including but not limited to the most recent version of the Electronics Industries Association's/Telecommunications Industries Association's (EIA/TIA) Structural Standards for Steel Antenna Support Structures (or equivalent).
      (2)   If it is found applicant's work does not satisfy the requirements of § 159.101(I)(1), applicant shall make all changes required to bring such work into compliance promptly and prior to operation.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999
§ 159.102 APPLICATION REVIEW FOR APPLICATIONS IDENTIFIED AS ELIGIBLE FACILITIES REQUESTS.
   (A)   Application for eligible facilities requests. For those applications identified by applicant and determined by the BNS Director to be an eligible facilities request, the application shall be limited to the information necessary for the BNS Director to determine whether an application is an eligible facilities request. The application may not require applicant to demonstrate a need or business case for the proposed modification.
   (B)   Type of review. Upon receipt of an application for an eligible facilities request pursuant to this subchapter, the BNS Director shall review such application to determine whether the application so qualifies.
   (C)   Timeframe for review. Within 60 days of the date applicant submits an application seeking approval under this subchapter, the BNS Director shall approve the application unless the BNS Director determines the application is not covered by this subchapter.
   (D)   Tolling of the timeframe for review. The 60-day review period begins to run when the application is filed and may be tolled only by agreement between the BNS Director and applicant, or in cases where the BNS Director determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.
      (1)   To toll the timeframe for incompleteness, the BNS Director must provide written notice to applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required for the application.
      (2)   The timeframe for review begins running again when applicant makes a supplemental submission in response to the BNS Director's notice of incompleteness.
      (3)   Following a supplemental submission, the BNS Director will notify applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is again tolled in the case of second or subsequent notices. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
   (E)   Interaction with § 332(c)(7) of the United States Federal Code. If the BNS Director determines applicant's request is not an eligible facilities request, the BNS Director shall notify applicant in writing the application is being construed otherwise and the basis of its determination. The timeframes under §§ 159.103 and 159.104 will begin to run from the issuance of the BNS Director's decision that the application is not an eligible facilities request. To the extent such information is necessary, the BNS Director may request additional information from applicant to evaluate the application under §§ 159.103 and 159.104, pursuant to the limitations applicable to said sections.
   (F)   Failure to act. In the event the BNS Director fails to approve or deny a request seeking approval under this subchapter within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until applicant notifies the BNS Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(Ord. 2598, passed 12-11-2018)
§ 159.103 APPLICATION REVIEW FOR APPLICATIONS IDENTIFIED FOR NEW TOWER CONSTRUCTION.
   (A)   Application. For those applications identified by applicant and determined by the BNS Director to propose construction of a new tower, applicant shall submit the necessary copies and attachments of the application to the Building and Neighborhood Services Department and comply with applicable local ordinances concerning land use and the appropriate permitting processes.
   (B)   Explanation for proposed location. Notwithstanding the provisions of § 159.101(G)(1), the BNS Director may require applicant to provide an explanation regarding the reason for choosing the proposed location for construction of a new tower and the reason applicant did not choose collocation. The explanation shall include a sworn statement from an individual who has responsibility over placement of the tower attesting that collocation within the area determined by applicant to meet applicant's radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to applicant.
2019 S-13
   (C)   Timeframe for review. Within 150 days of the date on which applicant submits an application seeking approval to construct a new tower, the BNS Director shall approve or deny the application, unless another date is specified in a written agreement between the BNS Director and applicant. The BNS Director shall review the application for conformity with applicable local zoning regulations, building permit requirements, consistency with Iowa Code Chapter 8C, and all other requirements of this subchapter.
   (D)   Tolling of the timeframe for review. The 150-day review period begins to run when the application is filed and may be tolled only by agreement between the BNS Director and applicant, or in cases where the BNS Director determines that the application is incomplete. The BNS Director shall review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this subchapter. The timeframe for review is not tolled by a moratorium on the review of applications.
      (1)   To toll the timeframe for incompleteness, the BNS Director must provide written notice to applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required for the application. The BNS Director's timeframe to review is tolled beginning on the date the notice is sent.
      (2)   The BNS Director's timeframe of 150 days for review begins running again when the applicant makes a supplemental submission in response to the BNS Director's notice of incompleteness.
      (3)   The BNS Director's 150-day timeframe for review does not toll if the BNS Director requests any information the BNS Director may not lawfully consider pursuant to the provisions of Iowa Code § 8C.3.
      (4)   Following a supplemental submission, the BNS Director will notify applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is again tolled in the case of second or subsequent notices. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
      (5)   The BNS Director shall make his/her final decision to approve or disapprove the application in writing within the timeframe provided (accounting for any tolling).
   (E)   Failure to act. In the event the BNS Director fails to approve or deny a request seeking approval within the timeframe for review (accounting for any tolling), the request shall be deemed granted.
(Ord. 2598, passed 12-11-2018)
2019 S-13
§ 159.104 APPLICATION REVIEW FOR APPLICATIONS IDENTIFIED FOR THE INITIAL PLACEMENT OR INSTALLATION OF TRANSMISSION EQUIPMENT ON WIRELESS SUPPORT STRUCTURES, MODIFICATION OF AN EXISTING TOWER OR EXISTING BASE STATION THAT CONSTITUTES A SUBSTANTIAL CHANGE, OR OTHER REQUESTS FOR CONSTRUCTION OR PLACEMENT OF TRANSMISSION EQUIPMENT THAT DO NOT CONSTITUTE ELIGIBLE FACILITIES REQUESTS.
   (A)   Application. For those applications identified by applicant and determined by the BNS Director to be for the initial placement or installation of transmission equipment on wireless support structures, modification of an existing tower or existing base station that constitutes a substantial change, or other requests for construction or placement of transmission equipment that do not constitute eligible facilities requests, applicant shall submit the necessary copies and attachments of the application to the Building and Neighborhood Services Department and comply with applicable local ordinances concerning land use or regulations concerning land use and zoning and the appropriate local permitting processes.
   (B)   Timeframe for review. Within 90 days of the date on which applicant submits an application seeking approval to construct a new tower, the BNS Director shall approve or deny the application, unless another date is specified in a written agreement between the BNS Director and applicant. The BNS Director shall review the application for conformity with applicable local zoning regulations, building permit requirements, consistency with Iowa Code Chapter 8C, and all other requirements of this subchapter.
   (C)   Tolling of the timeframe for review. The 90-day review period begins to run when the application is filed and may be tolled only by agreement by the BNS Director and applicant, or in cases where the BNS Director determines that the application is incomplete. The BNS Director shall review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this subchapter. The timeframe for review is not tolled by a moratorium on the review of applications.
      (1)   To toll the timeframe for incompleteness, the BNS Director must provide written notice to applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application and the BNS Director's timeframe to review is tolled beginning the date the notice is sent.
      (2)   The BNS Director's timeframe of 90 days for review begins running again when applicant makes a supplemental submission in response to the BNS Director's notice of incompleteness.
      (3)   The BNS Director's 90-day timeframe for review does not toll if the BNS Director requests information regarding any of the considerations the BNS Director may not consider as described in Iowa Code § 8C.3.
      (4)   Following a supplemental submission, the BNS Director will notify applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is again tolled in the case of second or subsequent notices. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
      (5)   The BNS Director shall make his/her final decision to approve or disapprove the application in writing within the timeframe.
   (D)   Failure to act. In the event the BNS Director fails to approve or deny a request seeking approval within the timeframe for review (accounting for any tolling), the request shall be deemed granted.
(Ord. 2598, passed 12-11-2018)
§ 159.105 PROPRIETARY LEASING OF CITY OWNED OR CONTROLLED PROPERTY.
   (A)   Leasing of city owned or controlled property. The city reserves all rights to leasing of city owned or controlled property but shall offer the market rate value for use of the property as provided in Iowa Code § 8C.6.
   (B)   Lease term. Leases shall be for no less than 20 years, but all or a portion of the property may be subject to release for public purposes after 15 years as provided in Iowa Code § 8C.6.
   (C)   Appraisal process for market value determination. If the city and applicant cannot agree on the market rate for a lease on real property or structures owned by the city, the city and applicant shall follow the process set forth in Iowa Code § 8C.6.
(Ord. 2598, passed 12-11-2018)
§ 159.106 REMOVAL OF ABANDONED WIRELESS COMMUNICATION FACILITIES.
   There shall be a rebuttable presumption that any tower, base station, transmission equipment, and/or wireless facilities regulated pursuant to this subchapter that are not operated for a continuous period of 12 months shall be considered abandoned. This presumption may be rebutted by showing the same serves as auxiliary, backup, or emergency equipment or is otherwise not abandoned. For any tower, base station, transmission equipment, and/or wireless facilities deemed abandoned, all related equipment shall be removed within 90 days following receipt of notice from the city to remove the same. Irrespective of any agreement between them to the contrary, the owner or operator of the abandoned facilities and the owner of the land or building to which they are affixed, shall be jointly and severally responsible for their removal. If the abandoned tower, base station, transmission equipment, and/or wireless facilities are not removed within 90 days of written notice from the city, the city may remove the same and recover from the owner or operator of the same, or the owner of the land or building, all costs incurred by the city as a result, including reasonable attorneys' fees and court costs. If there are two or more users of a tower, base station, transmission equipment, and/or wireless facility, the same shall not be considered abandoned until all users cease using the same.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999
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