16-7-2-4: ANTENNAS:

Antennas, and their essential support facilities, shall be allowed as a permitted use in any zoning district subject to the following:

   A.   A simple site plan shall be submitted for each antenna or antenna array providing the following information:

      1.   Mounting location of proposed antenna or antenna array on host structure.

      2.   Description of antenna or antenna array height and width, including a photo (if available) or other visual representation.

      3.   Proof of ownership of the proposed site or authorization to utilize it. (Ord. 52-09, 10-19-2009)

      4.   Processing of a simple site plan generally takes one to five (5) days depending on the quality of the submitted site plan. Applicants shall be notified within thirty (30) days of filing a site plan if the application is incomplete. If the city of Dubuque has not approved, denied, or returned the application as incomplete within ninety (90) days, the application shall be deemed approved. (Ord. 25-13, 5-20-2013)

   B.   The antenna does not extend more than thirty feet (30') above the highest point of the host structure.

   C.   Antennas may be mounted on nonresidential structures, including, but not limited to, existing towers, traffic signals, streetlights, water towers, billboards, telephone tower and emergency signal poles, bridges, and parking deck structures.

   D.   Antennas or antenna arrays shall comply with the maximum height requirement of the zoning district in which they are located. Applicants proposing an antenna higher than allowed by the zoning district in which it will be located may apply for a variance to the zoning board of adjustment.

   E.   No antenna or antenna array may, by virtue of this section 16-7-2, occupy, encroach or "overhang" any public right of way without the expressed approval of the city.

   F.   Each antenna installation shall require a separate building permit.

   G.   A building permit for the installation of an antenna in a historic district requires the prior issuance of a certificate of appropriateness from the historic preservation commission. (Ord. 52-09, 10-19-2009)

   H.   Modification of existing facilities, including collocation, removal and replacement of transmission equipment, that does not substantially change the physical dimensions of the existing facility, does not require submittal of a simple site plan. A building permit may be required. (Ord. 25-13, 5-20-2013)

16-7-2-5: CONDITIONAL USE PERMIT APPLICATION:

   A.   An applicant proposing a communication tower that requires a conditional use permit for construction in the zoning district for which it is proposed shall submit all information currently required by the city, a list of which shall be available from the planning services department.

   B.   After receipt of an application for a conditional use permit, the planning services department shall schedule a public hearing before the zoning board of adjustment, following all statutory requirements for publication and notice, to consider such application. The zoning board of adjustment shall receive evidence on the conditional use permit. The zoning board of adjustment may approve the conditional use permit as requested in the pending application with any conditions or safeguards, including stealth construction, it deems reasonable and appropriate based upon the application and/or input received at the public hearings or deny the application. (Ord. 52-09, 10-19-2009)

16-7-2-6: SECURITY FENCING:

All self-supporting lattice or guyed communication towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole communication towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure. (Ord. 52-09, 10-19-2009)

16-7-2-7: EXTERIOR FINISH:

Communication towers not requiring FAA painting or marking shall have a neutral exterior finish which is compatible with adjacent land uses and reduces visual impact, subject to review and approval by the zoning board of adjustment as part of the application approval process. (Ord. 52-09, 10-19-2009)

16-7-2-8: LANDSCAPING:

All tracts of land on which communication towers, antenna support structures, support facilities and/or antennas are located shall be subject to the following landscaping requirements:

   A.   Support facilities and communication tower bases shall be landscaped with a buffer of plant materials that effectively screens from view the tower base and any support facilities from adjacent property or street. The plantings installed shall be of a size and species that can achieve a height of six feet (6') and seventy five percent (75%) opacity within three (3) growing seasons.

   B.   In locations where the visual impact of the tower and support facilities would be minimal, the landscape requirement may be reduced or waived by the city planner.

   C.   Existing mature tree growth and natural landforms on the property shall be preserved to the maximum extent possible. Natural growth around the property perimeter may be considered a sufficient buffer for a proposed tower and support facilities as determined by the city planner. (Ord. 52-09, 10-19-2009)

16-7-2-9: LIGHTING:

Towers shall not be illuminated unless required to conform to FAA or other governmental regulations. (Ord. 52-09, 10-19-2009)

16-7-2-10: MAINTENANCE, REPAIR AND MODIFICATION:

   A.   All communication towers, antenna support structures, support facilities and antennas constructed or under construction on the date of approval of this regulation may continue in existence as a nonconforming structure and may be maintained or repaired without complying with any of the requirements of this section 16-7-2. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this section 16-7-2. Any modification or reconstruction of a tower, antenna support structure, support facilities and antennas constructed or under construction on the date of approval of this regulation shall be required to comply with the requirements of this section 16-7-2.

   B.   Communication towers, antenna support structures, support facilities and antennas constructed under authority of this section 16-7-2 shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public. (Ord. 52-09, 10-19-2009)

16-7-2-11: SUPPORT FACILITIES:

   A.   Support facilities shall be of a color and construction that is compatible with surrounding development.

   B.   Support facilities shall not be more than four hundred (400) square feet of gross floor area and more than twelve feet (12') in height.

   C.   Setbacks for support facilities shall be the same as the setbacks required for other structures in the zoning district in which they are located. (Ord. 52-09, 10-19-2009)

16-7-2-12: REMOVAL OF COMMUNICATION TOWERS AND ANTENNAS:

   A.   The operator of a communication tower shall provide the city with a copy of any notice submitted to the FCC stating their intent to cease operations. The operator or the landowner shall have ninety (90) days from the last date of operations to remove the tower and support facilities.

   B.   Any antenna or communication tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the operator of such antenna or tower or the landowner shall remove the same within ninety (90) days of notice from the city to remove the tower or antenna. A maximum of two (2) 12-month extensions may be granted by the city planner if the tower operator is actively seeking tenants for the tower.

   C.   If the operator or landowner of a tower fails, after notice, to remove the tower, the city shall begin the civil citation process. (Ord. 52-09, 10-19-2009)