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(a) (1) Application of regulations. The provisions of this section are applicable to antennas and antenna towers used for the following purposes:
A. VHF and UHF television;
B. AM and FM radio;
C. Two-way radio;
D. Common carriers;
E. Cellular telephones;
F. Fixed-point microwave; and
G. Ham and citizen band (CB) radio antennas in excess of twenty-five feet in height.
(2) Exemptions. The following antennas are exempt from the provisions of this section:
A. “Ham” and Citizen Band (CB) radio antennas which are less than twenty-five feet in height;
B. Portable, handheld and vehicular transmissions;
C. Industrial, scientific and medical equipment operating at frequencies designated for that purpose by the FCC;
D. A source of nonionizing electromagnetic radiation with an effective radiated power of seven watts or less;
E. A sole-source emitter with an average output of one kilowatt or less if used for amateur purposes; and
F. Marketed consumer products, such as microwave ovens, citizens band radios and remote control toys.
(b) Whenever a new antenna is proposed, the property owner, developer or their agent shall submit the following material, in addition to the other information required for a Special Use Permit, as required in Section 1135.09(b)(12)E.:
(1) A site plan or plans drawn to scale and identifying the site boundary; tower(s); guy wire anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be retained, removed or replaced; and uses, structures, and land-use designations on the site and abutting parcels;
(2) A plan drawn to scale showing proposed fencing and landscaping, including plant species type, size, spacing and other features;
(3) A report from a professional engineer. The report shall:
A. Describe the tower and the technical reasons for the tower design;
B. Demonstrate that the tower complies with the City Building Code; and
C. Describe the capacity of the tower, including the number and type of future antennas that it could accommodate;
(4) Information on conditions determining shared use of facilities pursuant to Section 1137.14(c); and
(5) Other information as may be required by the Service Director to determine compliance with the provisions of this Zoning Code.
(c) The use of existing facilities for the placement of antennas is encouraged. Prior to the approval of an application for a new antenna tower the applicant shall document that existing towers within the areas of the range of the proposed equipment have been surveyed, and shall demonstrate that one or more of the following conditions exists:
(1) Planned equipment would exceed the structural capacity of existing and approved towers;
(2) Planned equipment will cause RF interference with other existing or proposed equipment for that tower, and that interference cannot be prevented at a reasonable cost;
(3) Existing towers do not have space on which to function in parity with similar equipment in the area;
(4) The fees and/or costs for shared use are unreasonable; and/or
(5) Other conditions exist that render the placement of proposed equipment on an existing tower impracticable.
(d) New antenna towers shall be located on a site of sufficient size so as to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of abutting properties. The specific setback requirements are as follows:
(1) The base of the antenna tower shall be set back from all abutting property (including public streets) by a distance of not less than one hundred percent (100%) of the height of the tower.
(2) Guy wire anchors shall be set back from all abutting property not less than twenty-five feet.
(3) Accessory buildings shall be set back from all abutting property not less than the required rear yard setback for the zoning district in which the antenna is located.
(4) New antenna towers shall not be located any closer than two times the height of the proposed antenna or antenna tower from any existing, platted residential subdivision or any residential structure within the City.
(e) The design and construction of the antenna and antenna tower shall meet the standards of the Building Department, as well as any applicable requirements of the Federal Aviation Administration (FAA).
(Ord. C69-89. Passed 10-16-89.)
(f) A landscape and fencing buffer shall be required at the antenna tower site, according to the following requirements:
(1) The antenna tower base and accessory structure and each guy wire anchor location shall be separately enclosed by fencing of such type to prevent illegitimate access. Such fencing shall be not less than six feet in height.
(2) Antenna 100 feet or less in height. A row of evergreen trees or shrubs shall be planted directly outside of the fencing surrounding the tower base and accessory building and each guy wire anchor point location. Such trees or shrubs shall be planted not more than fifteen feet apart, and be not less than five feet high at time of planting. A second landscape buffer shall consist of a planting of evergreen trees or shrubs, to be located within ten feet outside of the first row of trees or shrubs. This buffer shall be six feet high at time of planting. Earth mounding of three feet in height or less may be used to achieve the required overall height of six feet. Vegetation shall have a minimum year-round opaqueness of eighty percent (80%) when viewed from two to five feet from the ground.
(3) Antennas more than 100 feet in height All requirements of subsection (f)(2) hereof shall be met, except that the second row of evergreen trees shall be located within twenty-five feet of the outside of the fencing. At least one row of deciduous trees, not less than one and one-half inches in caliper diameter six inches (6") above grade and spaced not more than twenty feet apart, shall be planted within ten feet from the outside of the first row.
(Ord. C112-89. Passed 1-8-90; Ord. C74-97. Passed 12-15-97.)
(g) Only those uses and structures necessary and directly related to the operation of the facility, that is, transmission and emergency broadcasting equipment, shall be allowed as accessory uses on the site. Accessory uses shall not include offices, broadcast studios, long-term vehicle or other equipment, storage or similar uses. If an antenna occupies a site as a primary use, no other permitted use in that district shall occupy the same site.
(Ord. C69-89. Passed 10-16-89.)