§ 154.156 SPECIFIC CONDITIONS AND REGULATIONS.
   (A)   Facilities located within public right-of-way. In addition to the regulations outlined in § 154.155 of this chapter, telecommunication facilities located within the public right-of-way are subject to the following general regulations.
      (1)   Facilities are subject to the requirements of Ch. 153 of this code of ordinances. To the extent that the provisions of Ch. 153 of this code of ordinances are more restrictive than this chapter, the provisions of Ch. 153 of this code of ordinances govern.
      (2)   Facilities may not impact the public health, safety or welfare, interfere with safety and convenience of ordinary travel over the right-of-way, or otherwise negatively impact the right-of-way or its users. In determining compliance with this standard, the city many consider one or more of the following factors:
         (a)   The extent to which right-of-way space is available for the proposed facility, including accessory equipment;
         (b)   The potential demand for the particular space in the right-of-way;
         (c)   The availability of other locations in the right-of-way that would have less public impact;
         (d)   The extent to which the facility placement minimizes impacts on adjacent property; and
         (e)   The applicability of ordinances or other regulations that may affect the location of the facility or accessory equipment.
      (3)   Facilities must be removed when required by the road authority.
   (B)   Facilities located outside of public right-of-way. In addition to the regulations outlined in § 154.155 of this chapter, all telecommunication facilities located outside the public right-of-way are subject to the following specific regulations.
      (1)   Location. Telecommunication facilities may be located within any zoning district. However, on properties zoned R-1 or R-2 Residential, facilities may only be located on public or institutional property.
      (2)   Height.
         (a)   Maximum tower height, excluding lightning rods, is restricted based on the land use designation of property on which the tower is located:
 
Land Use Designation
Single-User Tower
Multiple-User Tower
Business districts
75 feet
90 feet
Industrial districts
150 feet
150 feet
R-3, R-4 and R-5
75 feet
90 feet
R-A, R-1 and R-2
60 feet
90 feet
All other zones
60 feet
90 feet
 
         (b)   The City Council may increase height if the applicant can demonstrate that the increase would not have a significant impact on surrounding properties because of things like proximity, topography or screening by trees or buildings. The Council may likewise waive height restrictions for towers wholly or partially for essential public services, such as public safety.
      (3)   Setbacks. Towers located adjacent to low or medium-density residential properties must meet the minimum setback requirements established for principal structures within the associated residential zoning district, but only from the property line abutting the residential district. The City Council may waive the setback requirement if necessary to implement stealth design techniques. Accessory equipment must meet minimum setback requirements established for accessory structures within the zoning district.
      (4)   Horizontal projection. Antennas may not project out from an antenna support structure or tower, unless it is physically impossible to locate the antenna with the structure or tower, in which case they may not project out more than three feet.
      (5)   Vertical projection. Antennas mounted on an antenna support structure may not extend more than 15 feet above the structure to which they are attached. Wall or facade-mounted antennas may not extend above the cornice line and must be constructed of a material or color that matches the exterior of the building.
      (6)   Accessory equipment.
         (a)   Accessory equipment or buildings must be architecturally designed to blend in with the surrounding natural or built environment or must be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood.
         (b)   No more than one accessory building is permitted for each tower.
      (7)   Color. Antennas and towers must be painted a non-contrasting color consistent with the surrounding area such as blue, gray, brown or silver, or have a galvanized finish to reduce visual impact. Metal towers must be constructed of, or treated with, corrosion-resistant material.
      (8)   Lighting. Telecommunications facilities may not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety or unless necessary to facilitate service to ground-mounted equipment.
   (C)   Facilities located within public right-of-way. In addition to the regulations outlined in § 154.155 of this chapter, all telecommunication facilities located within the public right-of-way are subject to the following specific regulations.
      (1)   Location.
         (a)   Within residential zoning districts, facilities are only permitted within the rights-of-way of collector or arterial streets as designated by the City Engineer.
         (b)   Facilities are not permitted adjacent to residentially zoned property unless an applicant demonstrates, by providing a study prepared by a radio or electrical engineer, that the proposed location is necessary to reasonably meet the coverage and capacity needs of its system and no other location is feasible in a non-residential area.
      (2)   Height.
         (a)   Maximum height, including attachments other than lightning rods, is restricted based on the land use designation of property adjacent to the proposed facility:
 
Adjacent Land Use Designation
Maximum Height
All residential, including R-A
60 feet
Industrial
75 feet
Office, commercial, business
60 feet
All other zones
60 feet
 
         (b)   The Council may waive height restrictions for facilities wholly or partially for essential public services, such as public safety.
      (3)   Width. The support structure or tower, including ancillary equipment or supports such as guy wires or secondary stabilizers, cannot exceed the width of the closest public utility pole by more than 50%, but in no case may it exceed 18 inches in diameter.
      (4)   Horizontal projection. Antennas may not project out from a support structure or tower, unless it is physically impossible to locate the antenna with the structure or tower, in which case they may not project out more than two feet.
      (5)   Vertical projection. Antennas mounted on an antenna support structure may not extend more than ten feet above the structure to which they are attached.
      (6)   Facility separation. Telecommunication facilities must be separated by at least 330 feet.
      (7)   Ground-mounted accessory equipment.
         (a)   Equipment will be allowed only if it will not adversely impact public health, safety or welfare of the community. In determining compliance with this standard, the city many consider whether the equipment will disrupt vehicle traffic or pedestrian circulation, and/or whether the equipment location and screening minimizes impact on adjacent properties.
         (b)   Equipment must not exceed the following size limits:
 
Adjacent Land Use Designation
Maximum Height
Maximum Volume
Non-residential
5 feet
81 cubic feet
Residential and R-A
3 feet
28 cubic feet
 
         (c)   Equipment must meet the follow setbacks requirements:
 
Minimum Setback
Existing or planned edge of roadway pavement
10 feet
Existing or planned edge of sidewalk or trail
3 feet
Nearest intersection right-of-way line
50 feet
Nearest principal residential structure
50 feet
 
         (d)   Equipment must be screened by vegetative or other screening compatible with the surrounding area, as required by the city.
      (8)   Color. The support structure or tower must match the materials and colors of the closest public utility structures located within the right-of-way, or as required by the city.
      (9)   Lighting. Telecommunications facilities may not be artificially illuminated unless required by law or by a governmental agency to protect the public’s health and safety or unless necessary to facilitate service to ground-mounted equipment.
(2002 Code, § 7.36) (Ord. 25, Fifth Series, passed 4-6-1998; Ord. 81, Seventh Series, effective 4-5-2019) Penalty, see § 154.999