A. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety and general welfare of the community, the Council finds that these regulations are necessary in order to:
1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City;
2. Minimize adverse visual effects of towers through careful design and siting standards;
3. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
4. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.
B. Area specific requirements for towers and antennas.
1. Towers outside the right-of-way in residential zoning districts. Towers shall be allowed only in the following residentially zoned areas:
a. Towers supporting amateur radio antennas and conforming to all applicable provisions of this code shall be allowed only in the rear yard of residentially zoned parcels.
b. Antennas conforming to all applicable provisions of this code shall be allowed via conditional administrative use permits in the following locations:
(1) Water towers.
(2) On existing telecommunication monopoles or towers.
(3) Roofs of buildings over three (3) stories.
(4) Sides of buildings over two (2) stories.
(5) Existing lighting and utility structures within commercially zoned private property.
(6) Bell tower, steeple or similar structure as long as the antenna support structure is fully camouflaged.
(7) Antennas mounted on existing public utility owned lighting structures less than thirty feet (30') above grade and located in and/or adjacent to residentially zoned property and/or rights-of-way.
2. New towers and monopoles conforming to all applicable provisions of this code shall be allowed as a Conditional Use at the following locations:
a. Properties over twenty (20) acres in size and located outside of the MUSA.
b. Agriculturally and industrial zoned parcels over twenty (20) acres inside of the MUSA.
c. Public parks and open spaces above ten (10) acres in size.
d. Government, and public utility structures.
e. Antennas mounted to public utility owned lighting structures and/or towers in excess of thirty feet (30') in height above grade and located in and/or adjacent to residentially zoned property and/or rights-of-way.
C. Co-location of personal wireless communication service equipment requirements: All commercial wireless telecommunication towers erected, constructed or located within the City shall comply with the following requirements.
1. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the approving body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius of the proposed tower due to one (1) or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost;
b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;
c. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; and/or other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
2. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two (2) additional users if the tower is one hundred twenty feet (120') in height or for at least one (1) additional user if the tower is seventy-five feet (75') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
D. Tower setbacks.
1. Towers shall be setback the height of the structure plus twenty-five feet (25') from the nearest building or property line.
2. A tower’s setback may be reduced or its location in relation to a public street varied, at the sole discretion of the approving body, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device or similar structure.
E. Tower height.
1. Towers located outside of the MUSA may have a maximum height of one hundred twenty feet (120').
2. Towers inside the MUSA the maximum height is seventy-five feet (75').
F. Application and submittal requirements.
1. Submittal of a complete site and building plan review application, accompanied by a registered land survey, complete site plan, schematic drawings, photographic perspectives, and signed by a registered architect, civil engineer or other appropriate design professional.
2. A scaled drawing showing the size, location, construction materials, landscaping and screening plan.
3. A report prepared by a qualified and licensed professional engineer indicating the existing structure is suitable to accept the antenna, and the proposed method of affixing the antenna to the structure.
4. Submittal of an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of the applicant’s system.
5. Documents stating what steps the applicant will take to avoid interference with established public safety telecommunications.
6. Submittal of any necessary easements and easement exhibits, which have been prepared by an attorney knowledgeable in the area of real estate and which are subject to the City Attorney’s approval.
7. Any application for a new tower and/or monopole shall not be approved unless it can be documented by the applicant that the proposed equipment cannot be accommodated on an existing or approved tower or commercial building within one-half (1/2) mile radius, transcending municipal borders, of the proposed tower due to one (1) or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building.
b. The planned equipment would cause interference with other existing or planned equipment at the tower or building.
c. Existing or approved towers and commercial buildings within one-half (1/2) mile radius cannot accommodate the planned equipment at a height necessary to reasonably function.
G. Tower and antenna design requirements. Proposed or modified towers and antennas shall meet the following design requirements.
1. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. The use of color or design features to attract attention to the tower is prohibited.
2. Commercial wireless telecommunication service towers shall be of a monopole design unless the approving body determines that an alternative design would better blend into the surrounding environment.
3. Antennas, towers, monopoles located in rights-of-way are exempt from this Section, except otherwise specifically provided by this chapter.
4. No part of any antenna, tower or monopole shall be constructed, located, or maintained at any time, permanently or temporarily, in or upon any required tower and monopole setback area.
5. Antennas, towers and monopoles located outside the right-of-way shall not be erected in any zoning district in violation of the following restrictions: Towers and monopoles shall be constructed of, or treated with, corrosive-resistant material.
6. Tower and monopole locations should provide the maximum amount of screening possible for off-site views of the facility.
7. Existing on-site vegetation shall be preserved to the maximum extent practical.
8. The installation location shall be designed to be compatible with the underlying site plan.
9. The tower and/or monopoles shall be a light blue, gray or other color that is demonstrated to minimize visibility. Antennas mounted to tower and/or monopole shall be painted to match. No advertising or identification visible off-site shall be placed on the tower or antennas.
10. Antennas or similar apparatuses mounted upon the tower shall be subject to state and federal regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the City Council. The cost of verification of compliance shall be borne by the owner and operator of said equipment.
11. To prevent unauthorized entry, towers and monopole shall have secure accesses.
12. Antennas located on the roof of an existing structure shall not extend more than fifteen feet (15') above the principal structure to which they are mounted. All roof mounted antennas and associated equipment shall be hidden from view utilizing materials found on the building.
13. Any façade mounted antennas shall use designs and mounts that minimize visual impact. Antennas and mounts shall be painted to match the existing structure. All wires and associated equipment shall be hidden from view.
14. Antennas mounted on light poles and/or utility structures are subject to the following additional standards:
a. Equipment shall not extend more than three feet (3') above the top of the light pole or utility structure.
b. Any replacement light pole or utility structure shall not exceed the height of the existing structure, including antennas or associated equipment, and shall not exceed the diameter of the existing pole or structure by more than fifty percent (50%).
c. Any replacement light pole or utility structures shall match the existing and surrounding structures in materials and color.
d. Equipment shall use designs and mounts that minimize visual impact.
e. All equipment shall be aesthetically compatible with the structure upon which the proposed antenna is to be mounted and with the surrounding use.
f. Any equipment associated with the antennas and towers located at grade in or adjacent to the residentially zoned rights-of-way is prohibited.
H. At grade accessory structures and equipment associated with antennas, towers and monopoles shall comply with the following standards:
1. At grade accessory structures and equipment shall be placed below grade unless not technically feasible;
2. Accessory structures and equipment shall be designed to be architecturally compatible with principal structures on the site;
3. At grade accessory structures and equipment shall be screened by landscaping or other screening compatible with the surrounding environment if deemed necessary by the Community Development Director or designee.
I. Lights and other attachments. No antenna or tower shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, daytime strobes or steady nighttime red lights or other illuminating devices, except as required by the Federal Aviation Agency or the Federal Communications Commission or the City, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair.
J. Removal of abandoned or damaged antennas, towers and monopoles. Any antenna, tower, and/or monopole which is not used for six (6) months shall be deemed abandoned and shall be removed unless a time extension is approved by the Community Development Director. In the event that a tower is not removed within six (6) months of cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property.