The Board of Zoning Appeals shall consider, and the applicant shall demonstrate compliance with, the following standards in determining whether to approve an application for a wireless communication antenna and/or tower.
(a) There is no technically suitable space reasonably available on an existing tower or structure within the geographic area to be served. With the permit application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If another communication tower is technically suitable, the applicant must show that it has requested to collocate on the existing tower and the collocation request was rejected by the owner of the tower. In all circumstances, owners of existing towers shall promptly respond to requests for collocation, but in no event shall they respond in more than 30 days from the date of receipt of written request for collocation. If another communication tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to collocate an antenna on another tower within the city owned by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted. In all cases, the city shall use its best efforts to encourage collocation.
(b) As a condition of issuing a permit to construct and operate a tower in the city, the owner/operator of the tower is required to allow collocation until said tower has reached full antenna capacity, but in no event fewer than two additional antennas for two additional providers. Agreements to this provision must be included in the lease by the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Board of Zoning Appeals and Council evidencing that the landowner of the property on which the tower is to be located has agreed to the terms.
(c) Poles, towers, equipment structures and antenna placement shall meet the minimum yard setback requirements as set forth in the Zoning Code for the zoning district in which the antenna and/or tower is proposed to be located and all lot area requirements for that zoning district.
(d) Screen fencing shall be provided for aesthetic and public safety reasons. A fence at least six feet in height will be erected completely around the communication tower and any related support facilities. Barbed wire at the top of the fence is permitted. No trespassing signs shall be posted around the wireless telecommunication facility with a telephone number of a person to contact in the event of an emergency.
(e) Towers and antennas shall be designed to withstand sustained winds of at least 100 mph with one inch of icing.
(f) A landscaped buffer area of not less than ten feet in depth shall be placed between the wireless communication facilities and the public right-of-way, residential zoning districts, and any adjacent residential uses. The ten-foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary. Additional landscape buffers may be required by the City Council.
(g) The owner or operator shall agree to remove a nonfunctioning facility within two months of ceasing its use. The owner of the antenna and/or tower shall annually file a declaration with the Building Department as to the continuing operation of every facility installed subject to this chapter. The owner/operator of the antenna and/or tower shall sign a written consent consenting to annual inspection of the wireless communication facility by the City Engineering Department.
(h) The owner or operator shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Law Director of not less than $100 per vertical foot from natural grade of the wireless communication tower which bond shall insure that an abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed within two months of cessation of use and abandonment. Any collocator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the collocator occupies the tower.
(i) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.
(j) Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white stroke lights shall not be permitted by FAA. Lighting for security purposes shall be permitted at the wireless telecommunication facility with a prior approval of the Board of Zoning Appeals.
(k) The applicant must provide written certification from a registered engineer that the antenna and/or tower are to be constructed in compliance with all applicable federal, state and local regulations pertaining to the construction. Additionally, prior to receiving final inspection by the city’s Building Department, documented certification shall be submitted to the FCC, with a copy to the city’s Building Department and Engineering Department, certifying that the wireless communication facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
(l) A proposed new tower in an industrial or commercial district shall not be located within 1,000 feet from any residential zoning district.
(m) No advertising shall be permitted on the wireless telecommunication facility.
(n) There shall be separation of at least one mile between new wireless communication towers.
(Ord. 27-98, passed 3-17-1998) Penalty, see § 1340.99