All telecommunication facilities, administratively or conditionally permitted, are subject to the following general regulations.
(A) Service provider. A telecommunications service provider must be identified for the proposed telecommunication facility and must occupy the facility within 12 months of approval.
(B) Historic places. No telecommunications facility may be located within 400 feet of the boundary of any property that contains a facility or structure listed on the national register of historic places.
(C) Location. Facilities must be located in an area that will meet the applicant’s reasonable coverage and capacity needs. However, the city may require that a different location be used if it would result in less public visibility, is available and would continue to meet the applicant’s reasonable capacity and coverage needs.
(D) Collocation. New towers must be designed to accommodate more than one telecommunication provider at more than one height within the tower, unless it is physically impossible or impractical to do so at the tower’s proposed location. In addition, the applicant, tower owner, landlord and their successors must agree in writing to:
(1) Meet reasonable terms and conditions for shared use; and
(2) Submit a dispute over the potential terms and conditions to binding arbitration.
(E) Stealth design. Facilities must use as many stealth design techniques as reasonably possible. Economic considerations alone are not justification for failing to provide stealth design techniques.
(F) Construction. Telecommunications facilities must be in compliance with all building and electrical code requirements. A tower must be designed and certified by an engineer to be structurally sound and in conformance with the Building Code. Structural design, mounting and installation of the telecommunications facilities must be in compliance with the manufacturer’s specifications.
(G) Landowner authorization. When applicable, the applicant must provide written authorization from the property owner. The property owner must sign the approval document provided by the city agreeing to the permit conditions, agreeing to remove the telecommunication facilities when they are unused, obsolete or become hazardous, and agreeing to the city’s right to assess removal costs as set forth below.
(H) Removal. Obsolete telecommunications facilities must be removed within 90 days after cessation of their use at the site, unless an exemption is granted by the City Council. Unused telecommunications facilities and all related equipment must be removed within one year after cessation of operation at the site, unless an exemption is granted by the City Council. Telecommunications facilities and related equipment that have become hazardous must be removed or made not hazardous within 30 days after written notice to the current owner and to any separate landowner, unless an exemption is granted by the City Council. Notice may be made to the address listed in the application, unless another one has subsequently been provided, and to the taxpayer of the property listed in the county tax records. Telecommunications facilities and all related equipment that are not removed within this time limit are declared to be public nuisances and may be removed by the city. The city may assess its costs of removal against the property.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019) Penalty, see § 154.999