11-4-13: COMMUNICATION EQUIPMENT:
   A.   Purpose: The purpose of this section is to establish general guidelines for the siting of communication equipment and communication towers. The goal of this section is to encourage the location of communication towers and equipment in areas of the city which would be least adversely impacted by the visual, aesthetic, and safety implications of their siting; minimize the total number of communication towers throughout the city; strongly encourage the joint use of new and existing tower sites; and enhance the ability of the providers of telecommunication services to provide such services to the community quickly, efficiently, and effectively.
   B.   City Policies And Criteria: The telecommunications act of 1996 prohibits the city from establishing policies that discriminate against one or a group of telecommunication providers in favor of another group of providers or potential group of providers. The following criteria will be applied consistently to all telecommunication providers that request a permit:
      1.   Communication Equipment: Communication equipment shall be permitted in any residential, commercial or manufacturing district. Communication equipment shall:
         a.   Be screened from adjoining properties by the use of landscape plantings, screen fences, walls, and/or parapet extensions when located on a building. The city is aware of the operating needs of these types of structures and acknowledges that it may be impossible to totally screen communication equipment or a tower; however, every effort must be made by the communication equipment owner to minimize visual impact of the communication equipment on surrounding properties.
         b.   Communication equipment larger than thirty-six inches (36") in diameter shall be permitted in rear yards only and is permitted a maximum height of twelve feet (12'). Such communication equipment must be set back at least five feet (5') from all rear and side property lines.
         c.   Communication towers, including television antennas and amateur radio antennas, not used for commercial purposes, may be utilized in residential districts, provided they do not exceed ten feet (10') above the height limit determined for principal structures in the applicable district and are at least one-half (½) the total height of the tower from any lot lines. Total height shall be measured as the distance from the average grade at the base of the supporting structure to the top of the highest point of the tower, including beacons and antennas.
      2.   Towers Permitted In Certain Districts; Site Plan: Communication towers shall be permitted in any C-5, M-1, M-2 zoning districts and city owned property. A site plan, consistent with the requirements as outlined in the Clive development standards manual, shall be required for all new communication tower and equipment facilities, expansion of existing facilities, or major modifications of existing facilities.
      3.   Required Information: In addition to site plan requirements as set forth herein, the following information must be provided for review of a communication equipment development request:
         a.   Map showing the location of the applicant’s proposed facility and any existing facilities within three (3) miles of the proposed site location.
         b.   Report from a structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANS/EIA/TIA 222, latest revision standards.
         c.   Evidence that a valid FCC license for the proposed activity has been issued.
         d.   A written agreement signed by the communication facility owner and property owner to remove the tower, foundation, and any other accessory equipment within sixty (60) days after abandonment. As used herein, the term “abandonment” means a communication tower that is not used for its intended and approved purpose for more than one hundred eighty (180) days.
         e.   Establish that the use of and frequencies emitted from the tower and equipment will not interfere with the transmissions of law enforcement, fire, emergency response, public works, or other service agencies.
         f.   Additional information, as required, to determine that all applicable zoning and siting regulations are met.
      4.   Tower And Equipment Standards: Communication towers and equipment shall meet the following design standards:
         a.   Communication towers shall be set back from all property lines and all other principal structures a distance of not less than one-half (1/2) of the tower height, unless a tower is adjacent to a residential district or city park, in which case the tower shall be set back a distance of not less than the full tower height.
         b.   Communication towers shall have a maximum height of sixty feet (60') in any permitted zoning district.
         c.   Communication towers shall be painted a noncontrasting gray or similar color, minimizing its visibility, unless otherwise required by the federal communications commission or the federal aviation administration.
         d.   Lights and signage shall not be permitted on any tower unless specifically required and permitted by the federal communications commission, federal aviation authority, and the city.
         e.   Security fencing eight feet (8') in height shall surround the communication tower, equipment structure, and any guywires.
         f.   Communication tower equipment enclosures and accessory structures shall be designed with architectural compatibility with the surrounding built environment.
         g.   Communication facilities mounted to a building wall shall be painted to blend with the color and materials of the surface to which it is attached. All wiring and accessory equipment shall be concealed from view. Communication facilities located above the roof of the structure shall be appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the city.
      5.   Number Of Towers Limited: In order to minimize the overall number of towers within the city, providers can be required to collocate and enter into collocation agreements.
         a.   All new communication towers, and any preexisting communication towers, owned by a licensed carrier, upon which this section permits collocation of additional communication facilities, shall be made available for use by the owner or initial user thereof, together with as many other licensed carriers as can be technically collocated thereon. However, nothing in this section shall prevent such licensed carriers from charging a reasonable fee for the collocation of additional communication facilities upon said tower which does not exceed the fair market value for the space occupied.
         b.   All licensed carriers shall cooperate with each other in collocating additional communication facilities upon such towers. All licensed carriers shall exercise in good faith in collocating with other licensed carriers and in the sharing of towers, including technical information to evaluate the feasibility of collocation. This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this section for a new communication tower.
      6.   Compliance With Federal Regulations: Communication towers and equipment shall meet or exceed the current standards and regulations of the federal aviation administration, and any other agency of the federal government with the authority to regulate communication towers and equipment.
   C.   Review Of Application By Technical Expert: The community development director is authorized to submit a communication equipment development application to an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section. The applicant shall pay all reasonable costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the technical expert hired shall remain confidential and shall not be disclosed to any third party. (Ord. 1098, 1-28-2021)