§ 153.090 COMMUNICATION TOWER REGULATIONS.
   (A)   Where permitted.
      (1)   In all cases, co-location is encouraged and placement of new towers can only be applied for after it is proven that locating on an existing tower is unfeasible due to technical constraints. If it is proven that co- location is not possible on an existing tower, the following restrictions will apply within the BC-1 (Shopping Center) and I-2 (Light Industrial) districts:
         (a)   Communication towers may be located on any publicly or privately held tract of land exceeding one acre in size, with the issuance of a special use permit by the Board of Aldermen.
         (b)   Towers under 30 feet in height may be erected on an existing building with the issuance of a zoning permit. Towers in excess of 30 feet may be erected on existing buildings with the issuance of a special use permit by the Board of Aldermen.
      (2)   In the B-1 (Neighborhood Business) district, communication towers shall be permitted, by right, upon submission to the Zoning Administrator of proof that co-location on an existing tower is not possible. In the B-1 District the following requirements shall be met:
         (a)   The tract of land (including the parent tract) on which the tower will be located is at least seven acres in size. (This shall not preclude the development of the remainder of the parent tract for other non- residential uses permitted in the B-1 District.)
         (b)   The base of the tower will be located at least 300 feet from any single-family dwelling and 300 feet from any public street.
         (c)   All other provisions of this section shall apply.
         (d)   In the B-1 District the Zoning Administrator may issue a permit for any communication tower under 30 feet in height to be erected on any existing structure without having to meet the minimum lot size, separation requirements or other requirements of this section.
   (B)   Type of tower permitted. Monopole towers only (no lattice or guyed towers are permitted). Any new tower permitted must be able to accommodate at least three carriers. The applicant must submit construction drawings sealed by a qualified professional engineer showing and stating that the tower and supporting facilities will be able to support and accommodate at least three carriers.
   (C)   Tower appearance.
      (1)   Towers and associated buildings and equipment shall be painted in a neutral color.
      (2)   All towers shall be illuminated only as required by the FCC (Federal Communications Commission) and FAA (Federal Aviation Administration) and such illumination shall be directed away from residential structures.
      (3)   The entire property on which the tower is located shall be screened from view of adjacent property owners with an opaque vegetative screen. Screening shall be in accordance with §§ 153.060 through 153.064. No commercial messages shall be placed on towers.
   (D)   Height requirements. Towers shall not exceed 199 feet in commercial or manufacturing districts.
   (E)   Screening.
      (1)   Towers shall be at least one foot off all property lines for each foot of tower height unless the applicant can provide detailed information showing the design of the tower will collapse within itself, instead of falling to one side. If such fall zone information is provided, the setbacks for the tower shall be at least one foot off all property lines for each foot of tower height in excess of 75 feet with a minimum of 50 feet regardless of tower height. For example:
 
Tower Height
Setback Off Property Line
60 feet
50 feet
75 feet
50 feet
100 feet
50 feet
150 feet
75 feet
199 feet
124 feet
 
      (2)   In addition, all towers shall be at least 100 feet from any existing residence.
   (F)   Co-location. Co-location is a desirable option and is therefore encouraged by the following means:
      (1)   Before any new tower can be approved, it must be shown that existing towers are not adequate for serving customer needs or for co-location; and
      (2)   When co-locating, there is no necessity for an otherwise required special use approval.
   (G)   Old towers/advanced technology/review.
      (1)   Abandoned towers shall be removed by the carrier. Removal must take place within six months of the last use of the tower.
      (2)   The issuance of a permit for a tower will be for a period of five years. After this time the tower owner shall submit documentation that includes information regarding the continued need for the tower and the lowest feasible tower height. If this lowest feasible tower height is 70% or less of the current tower height, the tower will be reduced to the lowest feasible level.
      (3)   If technology changes cause the Zoning Enforcement Officer to feel that the tower height is excessive, he may require the tower towner to submit documentation regarding the lowest feasible height at times other than the five-year renewal. Should technology changes render the height of the tower excessive, the Zoning Enforcement Officer may require the tower height be reduced or the tower be replaced or removed.
   (H)   Power output and interference.
      (1)   It shall be the responsibility of the carrier to present evidence that the tower output from the tower does not exceed federally approved levels for exposure to electromagnetic forces.
      (2)   It shall be the responsibility of the carrier to ensure that the tower does not cause any interference with television, radio and telephone reception of neighboring properties.
(Ord. passed 2-9-1999; Am. Ord. passed 7-8- 2014)