(A) Intent. It is the intent of this section to promote the use of appropriate wireless communication facilities while encouraging co-location and design techniques that minimize the impacts of the facilities on the community. The city encourages providers to explore all co-location options, locations on existing municipal facilities or locations on existing vertical structures prior to applying for a new facility. The city further encourages applicants to explore all camouflaging and screening options available to reduce the visual and environmental impacts of the facilities on the community.
(B) General provisions.
(1) Wireless communication facilities, as defined in this chapter, shall be a conditionally permitted use in all zones, and; small wireless communication facilities are classified as permitted use by right if collocated in a right-of-way in any zone.
(2) Wireless communication facilities shall be subject to the limitations contained in this section and as otherwise set forth in city codes.
(C) General requirements. All wireless communication facilities (hereinafter referred to as facility) shall meet the following general requirements.
(1) Inventory of existing sites. Each applicant for a facility shall provide to the city an inventory of its existing facilities or sites approved for facilities that are located either within the city or the city municipal planning area boundary (MPA). In addition to showing all existing and approved sites, inventories shall show all other wireless communication sites located within one mile of the proposed site, regardless of jurisdictional location. Each inventory shall include general information about the location, height, and design of each tower. The city may share this information with other applicants applying for conditional use permits under this section or other organizations seeking to locate antennas within the city; provided however, that the city is not, by sharing the information, in any way representing or warranting that the information is accurate, and that sites are available or suitable.
(2) State or federal requirements. All facilities must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the state or federal government with the authority to regulate towers and antennas. if the standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring the towers and antennas into compliance with the revised standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring facilities and antennas into compliance with the revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owner’s expense.
(3) Building code safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state and local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with the codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. Failure to bring the tower into compliance within 30 days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(4) Measurement. For the purpose of determining separation distances, distances from property lines or districts, and setback distances, distance shall be measured from the closest portion of the pole or structure to the property line, district, pole, or structure in question. Tower setbacks and separation distances shall be calculated and applied to facilities located in the city, irrespective of municipal and county jurisdictional boundaries. Minimum setbacks for equipment shall conform to the International Building Code.
(5) Franchises and licenses. Owners and/or operators of wireless facilities shall certify that all franchises or licenses required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises or licenses with the city.
(6) Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (routine maintenance does not include replacement with a new tower of like construction and height) and construction related to the use of the pole or structure for the purposes of adding additional carriers shall be permitted on the pre-existing towers. New construction, including replacement of an existing tower, other than routine maintenance on a preexisting tower, shall comply with the requirements of this section.
(7) Rebuilding damaged or destroyed non-conforming towers or antennas. Notwithstanding this chapter, bona fide non-conforming towers or antennas that are damaged to the extent that repairs constitute 50% of the value of the undamaged tower or antennas, or destroyed shall not be rebuilt without first obtaining a conditional use permit and meeting separation requirements specified in this section. The type, height, and location of the tower onsite shall be of the same type and of no greater intensity than the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained, or if the permit expires, the tower or antenna shall be deemed abandoned as specified in this chapter.
(8) Abandonment of towers or facilities. A facility shall be deemed abandoned when the facility is not in use for a period of six consecutive months. The owner of the facility shall remove the facility within 90 days of receipt of notice from the city notifying the owner of the abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until users cease using the tower.
(9) Federal, state, and local government exemption. Wireless communication facilities owned by the federal, state, or city government shall be exempt from the provisions of this section.
(10) City Council approval. Any tower over 65 feet in height is required to go to City Council for approval after being presented to the Planning and Zoning Commission.
(D) Conditionally permitted use. A wireless communication facility shall be a conditionally permitted use and processed in accordance with § 154.157 of this chapter, except for small wireless facilities collocated in a right-of-way in any zone. All conditionally permitted wireless communication facility uses shall meet the following minimum development standards.
(1) The maximum height of the facility, except for rooftop or wall mounted facilities, facilities co-locating on an existing wireless communication facility, facilities locating on existing utility poles, or facilities located on existing vertical structures on school or municipal property, shall be 80 feet, provided, however, if the facility is located in any residential district or within 75 feet of the property line of residential use or district, the maximum height shall be 65 feet.
(2) An installation co-locating on an existing facility shall not increase the overall pole or tower height by more than 15 feet, and the antennas shall not exceed a maximum height of 95 feet or 65 feet in any residential district. Installations co-locating on existing utility poles may increase the height of the pole by not more than 15 feet. Installations locating on existing vertical structures on school or municipal property shall follow the non-residential height requirements.
(3) The facility replacing an existing pole on school or park grounds does not increase the original pole circumference by more than is necessary to accommodate the additional structural requirements.
(4) The pole or tower shall be set back from all adjacent residential zoning districts or residential land use property lines a minimum of 110% of the height of the tower or pole. The pole shall be set back from all non-residential zoning district or non-residential property lines a minimum of five feet and shall be set back from all street property lines equal to or greater than the building setback for the district in which the pole or tower is located.
(5) Facilities co-locating on utility poles, facilities within the right-of-way, or facilities located on school or city property shall not be required to meet the setback requirements set forth above.
(6) Tower and monopole facilities visible from off-site residential or business district view shall be camouflaged using an alternative design tower as defined in this chapter.
(7) A rooftop or wall mounted facility shall be hidden from off-site views and shall be camouflaged and screened to the extent possible by screen walls and/or the building parapet.
(8) A rooftop mounted facility shall be 15 feet or less in height as measured from the surrounding rooftop height to the top of all appurtenances.
(9) A wall-mounted facility shall be 12 feet or less in height. Wall-mounted facilities shall be mounted so as not to extend above the roofline of the building and shall not project more than 12 inches from the building face.
(10) The colors and texture of the facility shall be compatible with the surrounding environment as determined by the city, except as otherwise required by the FAA.
(11) No commercial advertising or signage shall be allowed on-site; however, each facility shall have an identification plaque no larger than 12 inches square permanently affixed which clearly identifies the name, address, and emergency phone number of the provider.
(12) A facility shall have at least one parking space designed to city standards. This requirement shall also include maneuvering areas and access drives. This requirement shall be waived when sufficient hard surface parking exists.
(13) The facility shall not be artificially lighted, unless required by the FAA or other applicable authority.
(14) A facility may not be allowed within 1,320 feet of a city or state designated historical site.
(15) The minimum separation between facilities, except for approved alternate tower structures, rooftop or wall mounted facilities, facilities located within the industrial zoning districts, and facilities located on existing vertical structures on school or municipal property, shall be 1,000 feet, unless otherwise approved by the City Council.
(16) Security fencing is required and shall not exceed eight feet in height. Fencing shall be effectively screened from view by the use of landscaping.
(17) Anti-climbing features shall be incorporated in the wireless communication facility, as needed, to reduce potential for trespass and injury.
(18) Co-location of city or other public safety agency wireless communication facilities shall be permitted at no cost to the public on private wireless communication facilities approved in accordance with this section.
(E) Design standards. Wireless communication facilities shall be designed and constructed in conformity with and/or architecturally integrated with surrounding building designs or natural settings to minimize the adverse visual impact and ensure the facility is compatible with the environment in which it is located. Methods of camouflage design include:
(1) Canister, facilities under 45 feet in height shall conceal antennas with a canister or approved equal.
(2) Monopine, facilities over 45 feet, less than 65 feet in height shall conceal the antennas with a monopine pole or approved equal.
(3) Monopalm, facilities over 65 feet in height shall conceal the antennas with a monopalm pole or approved equal.
(4) Screening, ground equipment shall be screened with landscaping plantings or a material approved by the City Engineer or designee.
(5) Color, facilities poles and ground equipment color shall match the surrounding existing poles or a color approved by the City Engineer or designee.
(F) Standards of service. Company shall operate the site areas in a first-class manner, and shall keep the site areas attractively maintained, orderly, clean, neat and tidy at all times, including immediate removal of graffiti.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)