The development standards of section 9-41-060 of this chapter shall apply to any wireless telecommunication facility established as a conditional use, except as otherwise modified by this section:
A. Antennas And Mounting Structures On Or Over Public Rights Of Way: Antennas and mounting structures shall not encroach on or over the public sidewalk or on or over a public right of way, unless:
1. The facility is approved by conditional use permit on existing structures located in the right of way.
2. Associated mechanical and electrical equipment is not located in the public right of way.
3. The facility is virtually hidden from view.
4. The existing structure is proven structurally sound to support the proposed facility.
5. The carrier signs an agreement with the city which:
a. Holds the city harmless from any liability claims as a result of the facility;
b. Requires the carrier to provide, prior to permit issuance, proof to the city that the carrier has acquired sufficient liability insurance as may be required by the city; and
c. Names the city as cobeneficiary of the insurance policy.
B. Facilities In Historic Districts: Any facility proposed within a historic district or on a landmark site as defined by the city, county, state or the federal governments shall be approved by a conditional use permit.
C. Fencing And Screening Requirements: Specific fencing and screening plans for each facility shall be submitted to the city in conjunction with any conditional use permit application. Higher grade fencing, more aesthetic fence designs, and landscaping may be required for the purposes of visual screening, architectural compatibility, site compatibility, and other impact mitigation.
D. Lattice Towers: A lattice tower facility shall be permitted only upon a finding that none of the other facility types set forth in subsection 9-41-020B of this chapter is suitable in light of particular circumstances associated with a location where a facility is required for the proper functioning of a low power radio services network.
E. Monopoles:
1. Monopoles may be allowed in side yard areas of any lot if approved by conditional use permit.
2. The height of an existing monopole located in a commercial zone may be increased if approved by a condition use permit. No monopole with antennas and antenna support structures shall exceed a height of one hundred feet (100').
3. A monopole may be located within five hundred (500) linear feet from another monopole if approved by a conditional use permit.
4. The maximum height of a monopole with antennas and antenna support structures may be increased if approved by conditional use permit for collocation of a second carrier on an existing monopole. In the event collocation for the second carrier is terminated, the original carrier shall have thirty (30) days, from the date the second carrier files with the FCC the required "notice to abandon" its facility, to reduce the height of the monopole to its originally approved height. The city shall receive a copy of the "notice to abandon" filed with the FCC.
F. Nonflush Mounted Wall Antennas: Nonflush mounted wall antennas may extend more than six feet (6') horizontally from the wall surface if approved by a condition use permit.
G. Stealth Design Antennas And Monopoles: Stealth design monopoles may be located in residential or agricultural zones if approved by a conditional use permit. Final determination of the acceptability of any such stealth design antenna or monopole shall be made as part of the conditional use permit process.
H. Additional Conditional Use Factors: In addition to conditional use standards outlined in subsection 9-5-080E of this title, the following factors shall be considered in evaluating an application for a conditional use permit:
1. Compatibility of the proposed structure with the height and mass of existing buildings and utility structures.
2. For new sites, whether location of the antenna on other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is possible without significantly impacting antenna transmission or reception.
3. Antenna location in relation to existing vegetation, topography and buildings to obtain the best visual screening.
4. Whether spacing between monopoles creates quantifiable detrimental impacts to adjoining properties. (Ord. 394, 8-7-2001)