(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT.
(a) To cease operation for a period of 60 or more consecutive days;
(b) To reduce the affected radiated power of an antenna by 75% for 60 or more consecutive days;
(c) To relocate an antenna at a point less than 80% of the height of an antenna support structure; or
(d) To reduce the number of transmissions from an antenna by 75% for 60 or more consecutive days.
ANTENNA. Any exterior apparatus designated for telephonic, radio, data, internet or television communications through the sending and/or receiving of electromagnetic waves including equipment attached to a tower, pole, light standard or building for the purpose of providing personal wireless services including, for example, unlicensed wireless telecommunication services, wireless telecommunication services utilizing frequencies authorized by the Federal Communications Commission for “cellular”, “paging”, “enhanced specialized mobile radio”, “low power mobile radio” and “personal communications services” telecommunications services, and its attendant base station.
ANTENNA HEIGHT.
(a) The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad and other appurtenances and shall be measured from the finished grade of the parcel.
(b) If the support structure is on a sloped grade, then the average between the highest and lowest grades of the parcel shall be used in calculating the
ANTENNA HEIGHT.
ANTENNA SUPPORT STRUCTURE. Any pole, light standard, telescoping mast, tower, tripod or other structure which supports a device used in the transmitting or receiving of radio, telephonic or television frequency or television signals.
CELL SITE. A tract or parcel of land that contains the telecommunications service facilities including any antenna, tower support structure, accessory buildings and parking, and may include other uses associated with and ancillary to telecommunications services.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
GOVERNING AUTHORITY. The governing authority of the city, namely the City Council.
PERSONAL WIRELESS SERVICE and PERSONAL WIRELESS SERVICE FACILITIES. Defined in the same manner as in 47 U.S.C. § 332(c)(7)(C), as it may be amended now or in the future.
TOWER.
(a) Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including any antenna support structure, self-supporting lattice towers, guy towers or monopole towers.
(b) The term encompasses personal wireless service facilities, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures and the like.
(B) Exemptions. The following are exempt from the provisions of this section and shall be permitted in all zones:
(1) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC;
(2) Antennas and related equipment no more than three feet in height that are being stored, shipped or displayed for sale;
(3) Radar systems for military and civilian communications and navigation;
(4) Wireless radio utilized for temporary emergency communication in the event of a disaster;
(5) Licensed amateur (ham) radio operations;
(6) Satellite dish antennas less than two meters in diameter, including direct to home satellite services and private television antennas which do not project more than ten feet above the structure or exceed the height requirements of the zone secondary use of the property;
(7) Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structure work or changes in height or dimensions of antennas, towers or buildings); provided that, compliance with the standards of this chapter are maintained; and
(8) Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until 30 days after the completion of such emergency activity.
(C) Policy statement.
(1) The Planning Commission and City Council have received requests to site towers and antennas. The purpose of this chapter is to provide specific regulations for the placement, construction and modification of radio, television and personal wireless service facilities. The provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of radio, television and personal wireless services, nor shall the provisions of this section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent services.
(2) The goals of this section are to:
(a) Encourage the location of towers on public property and in non-residential areas and to minimize the total number of towers throughout the city;
(b) Encourage strongly the joint use of new existing tower sites;
(c) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the city is minimal;
(d) Encourage users of towers and antennas to configure them in a way that minimizes the visual impact of the towers and antennas; and
(e) Enhance the ability of the providers of telecommunications services to provide such services throughout the city quickly, effectively and efficiently.
(3) Accordingly, the City Council finds that the promulgation of this chapter is warranted and necessary:
(a) To manage the location of towers and antennas in the city and provide for the use of public property for the placement thereof;
(b) To protect residential areas and land uses from potential adverse impacts of towers and falling ice;
(c) To minimize visual and aesthetic impacts of towers through minimal use of towers, careful design, siting, landscape screening and innovative camouflaging techniques;
(d) To accommodate the growing need for towers;
(e) To promote and encourage shared use/co-location of existing and new towers as a primary option rather than construction of additional single-use towers and to reduce the number of such structures needed in the future;
(f) To consider the public health and safety of towers to the extent allowed by the Telecommunications Act of 1996; and
(g) To avoid potential damage to adjacent properties through engineering and proper siting of antenna support structure.
(4) All new antennas shall comply with this section after the date of passage.
(5) All towers existing on the date of passage of this section shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on existing towers shall comply with the requirements of this section.
(D) Industry site selection criteria.
(1) In siting a new tower or antenna site, it is anticipated that the industry will propose locations that are technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service.
(2) Specific locations within that general area will be evaluated using the following criteria which are not listed in order of priority:
(a) Topography as it relates to line of sight transmissions for optimum efficiency;
(b) Availability of road access;
(c) Availability of electric powers;
(d) Availability of land-based telephone lines or microwave link capability;
(e) Leasable lands and landlords who want facilities to be located on their properties consistent with zoning regulations;
(f) Screening potential of existing vegetation, structures and topographic features;
(g) Zoning that will allow personal wireless service facilities;
(h) Compatibility with adjacent land uses;
(i) The fewest number of sites to cover the desired area;
(j) The greatest amount of coverage, consistent with physical requirements;
(k) Opportunities to mitigate possible visual impact; and
(l) Availability of suitable existing structures for antenna mounting.
(E) City site selection criteria.
(1) As a fundamental element of this chapter, the telecommunications company proposing to construct an antenna support structure, or mount an antenna on an existing structure, is required to demonstrate, using technological evidence, that the antenna must go where it is proposed on order to satisfy its function in the company’s grid system. Further, the company must demonstrate by technological evidence that the height requested is the minimum height necessary.
(2) Applications for necessary permits will only be processed when the applicant demonstrates that it is either an FCC licensed telecommunications provider or has in place necessary agreements with an FCC licensed telecommunications provider for use or lease of the support structure.
(3) Personal wireless service facilities should be located and designed to minimize any impacts on residential property values. Sites should be placed in location where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.
(4) Location and design of sites in all districts should consider the impact of the site on the surrounding neighborhood and the visual impact within the zone district. In residential districts and residential land use areas, the minimum lot size for towers shall be three acres.
(F) Priorities.
(1) The following establishes the order of priorities for locating new communications facilities:
(a) Place antennas and towers on public property (excluding prairie, conservation or wildlife areas) subject to zoning height restrictions requirements of this section;
(b) Place antennas on appropriate existing structures, such as buildings, towers, water towers, and smokestacks in other zoned districts;
(c) Place antennas and towers in districts zoned District A, Agricultural District, District I, Light Industrial District, which do not adjoin or adversely impact residential neighborhoods;
(d) Place antennas and towers on other private non-residential property in districts zoned C-1, Neighborhood Commercial District; C-2, Central Business District; and C-3, Service Commercial District;
(e) Place antennas and towers on multi-family residential structures exceeding 30 feet in height in districts zoned R-2, Multiple-Family Residential District; and R-3, One Family Transitional District; and
(f) Place antennas and towers in District R-1, One-Family Residential District and R - Large Lot Residential District:
1. Only if locations for which a need has been demonstrated are not available on existing structures or in non-residential districts; and
2. Only on or in existing churches, parks (as provided in subsection (G) below), schools, utility facilities or other appropriate public facilities.
(2) An applicant for a new antenna support structure to be located in a residential zoning district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government structure, a private institutional structure or other appropriate existing structures within a non-residential zoning district, and that due to valid considerations including physical constraints, or technological feasibility, no appropriate location is available. The telecommunications company is required to demonstrate that it contacted the owners of structures in excess of 30 feet within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall included a map of the area to be served by the tower, its relationship to other antenna sited in the applicant’s network and an evaluation of existing buildings taller than 30 feet, towers and water tanks within one-quarter mile of the proposed tower.
(G) Use of city property.
(1) Priority of users. Priority for the use of city-owned land for wireless telecommunication antennas and towers will be given to the following entities in descending order:
(a) The city;
(b) Public safety agencies, including law enforcement, fire and ambulance services, which are not part of the city and private entities with a public safety agreement with the city;
(c) Other governmental agencies, for uses which are not related to public safety; and
(d) Entities providing licensed, and unlicensed (where permitted by law), commercial wireless telecommunication services, cellular, personal communication services (PCS), radio and television services, specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging and similar services that are marketed to the general public.
(2) Minimum requirements. The placement of wireless telecommunication antennas or towers on city-owned property must comply with the following requirements.
(a) The antennas or tower will not interfere with the purpose for which the city-owned property is intended.
(b) The antennas or tower will have no significant adverse impact on surrounding private property.
(c) The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the city and other appropriate factors.
(d) The applicant will submit a letter of credit, performance bond or other security acceptable to the city to cover the costs of antenna or tower removal.
(e) The antennas or tower will not interfere with other users who have a higher priority as discussed herein.
(f) The applicant must reimburse the city for any costs which it incurs because of the presence of the applicant’s antennas or tower.
(g) The user must obtain all necessary land use approvals.
(h) The applicant will cooperate with the city’s objective to promote co-locations and thus limit the number of separate antenna sites requested.
(3) Special requirements. The use of certain city-owned property, such as water tower sites and parks, for wireless telecommunication antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunication antennas or towers on these special city-owned sites will be allowed only when the following additional requirements are met.
(a) Water tower or reservoir sites. The city’s water towers and reservoirs represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the quality of the city’s water supply is of prime importance to the city. As access to the city’s water storage systems increases, so too increased is the potential for contamination of the public water supply. For these reasons, the placement of wireless telecommunication antennas or towers on water tower or reservoir sites will be allowed only when the city is fully satisfied that the following additional requirements are met:
1. The applicant’s access to the facility will not increase the risks of contamination to the city’s water supply;
2. There is sufficient room on the structure and/or on the grounds to accommodate the applicant’s facility;
3. The presence of the facility will not increase the water tower or reservoir maintenance cost to the city; and
4. The presence of the facility will not be harmful to the health of workers maintaining the water tower and reservoir.
(b) Parks. The presence of certain personal wireless service facilities, antennas or towers represent a potential conflict with the purpose of some parks. In no case shall towers or antennas be allowed in designated prairie or other conservation or wildlife area unless they are to be installed in areas which currently contain tower facilities or antennas, and in no case shall towers or antennas be allowed in areas without road access to the base of the tower, antenna support structure or facilities. Personal wireless facilities, antenna support structure, antennas or towers will be considered only in the following parks after the recommendation of the Planning Commission and approved of the City Council:
1. Public parks of a sufficient scale and character that are adjacent to an existing commercial or industrial use;
2. Commercial recreation areas and major play fields; and
3. Park maintenance facilities.
(H) Co-location.
(1) To minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than one carrier on existing or new towers and location of such antennas on public property shall take precedence over the construction of new single-use towers on public property as follows.
(a) Proposed antennas may, and are encouraged to, co-locate onto existing towers. Even where such co-location is accomplished in a manner consistent with the policy, site criteria and landscape/screening provisions contained in this section, new or additional conditional use approval is required, and any other permit, license, lease or franchise requirements also must be satisfied.
(b) The city may deny the application to construct a new tower if the applicant has not shown by substantial evidence that it has made a good faith effort to mount the antenna on an existing structure and/or public property.
(c) In order to reduce the number of antenna support structures needed in the city in the future, any new proposed support structure shall be designed to accommodate antenna for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.
(d) Unless co-location has been demonstrated to be infeasible, the site plan shall delineate an area near the base of the tower to be used for the placement of additional equipment buildings for other users. The site plan for towers in excess of 100 feet must propose space for two comparable tower users while the site plan for towers under 100 feet must propose space for one comparable tower user.
(e) To provide further incentive for co-location as a primary option, an existing tower may be modified or reconstructed to accommodate the co-location of an additional antenna; provided, the additional antenna shall be consistent with the use and aesthetics as that on the existing tower. This is permitted by conditional use permit for existing towers in all zoning districts, subject to the following criteria being met.
1. Height. An existing tower may be modified or rebuilt to a taller height, to accommodate the co-location of additional antenna, so long as it is done in accordance herewith.
2. Onsite location. A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within 50 feet of its existing location so long as it remains within the same zone and complies with the other provisions of this chapter. After the tower is rebuilt to accommodate co-location, only one tower may remain on site.
3. Signage prohibited. Except as set forth herein, no signs, banners or similar devices or materials may be attached to the towers, antenna support structure or antennas.
(2) Subject to the priorities as set forth herein, to minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than one carrier on existing or new towers and location of such antennas on commercial, business, industrial or residential property shall take precedence over the construction of new single-use towers on commercial, business, industrial or residential property, as follows.
(a) Proposed antennas may, and are encouraged to, co-locate onto existing towers. Even where such co-location is accomplished in a manner consistent with the policy, site criteria and landscape/screening provisions contained in this chapter, new or additional conditional use approval is required, and any other permit, license, lease or franchise requirements also must be satisfied.
(b) The city may deny the application to construct a new tower if the applicant has not shown by substantial evidence that it has made a good faith effort to mount the antenna on an existing structure.
(c) In order to reduce the number of antenna support structures needed in the city in the future, any new proposed support structure shall be designed to accommodate antenna for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.
(d) Unless co-location has been demonstrated to be infeasible, the site plan shall delineate an area near the base of the tower to be used for the placement of additional equipment buildings for other users. The site plan for towers in excess of 100 feet must propose space for two comparable tower users while the site plan for towers under 100 feet must propose space for one comparable tower user.
(e) To provide further incentive for co-location as a primary option, an existing tower may be modified or reconstructed to accommodate the co-location of additional antenna; provided, the additional antenna shall be consistent with the use and aesthetics as that on the existing tower. This is permitted by conditional use permit for existing towers in all zoning districts, subject to the following criteria being met.
1. Height. An existing tower may be modified or rebuilt to a taller height, to accommodate the co-location of additional antenna, so long as it is done in accordance with subsections (H)(2)(d) and (H)(2)(e) above.
2. Onsite location. A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved onsite within 50 feet of its existing location so long as it remains within the same zone and complies with the other provisions of this section. After the tower is rebuilt to accommodate co-location, only one tower may remain on site.
3. Signage prohibited. Except as set forth herein, no signs, banners or similar devices or materials may be attached to the towers, antenna support structure or antennas.
(I) Design criteria.
(1) New towers and antenna support structure shall be designed to accommodate co-location for antenna for more than one user throughout the city in zoning districts as permitted by this section, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.
(2) Facilities should be architecturally compatible with the surrounding buildings and land uses in the zoning district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.
(a) Setback. Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Unless there are unusual geographic limitations or other public policy considerations as determined in the city’s sole discretion, in residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to 300% of tower height as measured from ground level. Except as provided herein, and except for unusual geographic limitations or other public policy considerations, as determined in the city’s sole discretion, towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts.
(b) Color. Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC of FAA.
(c) Lights, signals and signs. No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, at the time of construction of the tower in cases where there are residential users located within a distance which is 300% of the height of the tower from the tower, then dual mode lighting shall be requested from the FAA.
(d) Equipment structures. Ground level equipment and buildings and the tower base shall be screened from public streets and residentially zoned properties. The standards for the equipment buildings are as follows.
1. The maximum floor area is 350 square feet per provider and the maximum height is 12 feet. Depending upon the aesthetics and other issues, the city, in its sole discretion, may approve multiple equipment structures or one or more larger structures.
2. Ground level buildings shall be screened from adjacent properties by landscape plantings, fencing and other appropriate means, as specified herein or in the city code.
3. Equipment buildings mounted on a roof and other roof mounted equipment shall have a finish similar to the exterior building walls. Equipment for a roof-mounted antenna may also be located within the building on which the antenna is mounted.
4. In instances where equipment structures are located in residential zones or in close proximity to public rights-of-way, equipment structures shall comply with setback requirements and shall be designed so as to conform in appearance with nearby structures.
5. Equipment buildings, antenna and related equipment shall occupy no more than 25% of the total roof area of a building, which may vary in the city’s sole discretion if co-location and an adequate penthouse-type structure are used.
6. Antenna or equipment buildings not meeting these standards require a special exception in addition to the conditional use permit. The special exception must be approved on a comprehensive sketch plan or final development plan, as applicable.
(3) Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations in accordance with the compliance deadlines/requirements of such standards and regulations. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(4) Building codes; 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 city building codes and the applicable standards for towers that are published by the Electronic Industries Association (“EIA”), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such 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 such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the city may remove such tower at the owner’s expense.
(5) Structural design. Towers shall be constructed to the EIA standards, which may be amended from time to time, and all applicable construction/building codes. Further, any improvements and/or additions to existing towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance standards and all other good industry practices in effect at the time of said improvement or said plans shall be submitted to and reviewed at the time building permits are with the EIA addition requested.
(6) Fencing. A well-constructed masonry or stone wall, or chain link in an industrial zone, not less than eight feet in height from finished grade shall be provided around each tower. Access to the tower and equipment structures shall be through a locked gate.
(7) Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.
(8) Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas also will not be negatively affected by interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(9) Required parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city. Security fencing should be colored or should be of a design which blends into the character of the existing environment.
(10) Antenna criteria. Antenna on or above a structure shall be subject to the following.
(a) The antenna must be architecturally compatible with the building and wall on which it is mounted and designed and located so as to minimize any adverse aesthetic impact.
(b) The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless, for technical reasons, the antenna needs to projects above the roof line. In no event shall an antenna project more than ten feet above the roofline.
(c) The antenna shall be constructed, painted or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.
(d) The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure.
(e) If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.
(f) The antenna, facilities and accessory equipment shelter must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation and/or uses or those likely to exist under the terms of the underlying zoning. Such antenna, facilities and accessory equipment shelter will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.
(g) Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by city, in city’s sole discretion, taking into consideration the site as built.
(h) For installations on buildings greater than 30 feet in height, see other applicable provisions of this section. In addition to the other requirements of this section, on buildings 30 feet or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied.
1. The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.
2. No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein.
3. The antenna or antennas and related base stations cover no more than an aggregate total of 25% of the roof area of a building, which may vary in the city’s sole discretion, if co-location and an adequate penthouse-type structure are used.
4. Roof-mounted antenna and related base stations must be appropriately camouflaged or substantially screened from view by materials that are consistent and compatible with the design, color and materials of the building.
5. No portion of the antenna may exceed ten feet above the height of the existing building.
(i) If a proposed antenna is located on a building or a lot subject to a site review, conditional use approval is still required prior to the issuance of a building permit.
(j) No antenna shall be permitted on property designed as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with the city code.
(k) No antenna owner or lessee or officer or employee thereof shall fail to cooperate in good faith to accommodate other competitors in their attempts to use the same tower or building for other antennas. If a dispute arises about the feasibility of accommodating another competitor, the city may require a third-party technical study, at the expense of either or both parties, to resolve the dispute.
(l) No antenna owner or lessee shall fail to assure that the antenna complies at all times with the then current applicable EIA or FCC standards, or other applicable federal standards, whichever standard is more stringent. After installation, but prior to putting the antenna is service, each antenna owner shall provide a notarized statement signed by a qualified engineer to that effect.
(m) No antenna shall cause localized interference with the reception of any other communication signals including, but not limited to, public safety signals and television and radio broadcast signals.
(n) No person shall locate an antenna or tower for wireless communications services upon any lot or parcel, except as provided in this section.
(J) Other permitted uses. Applications for antenna for personal wireless communications services and associated unmanned equipment buildings may be reviewed so long as the requirements of this section and the following standards are met.
(1) In addition to the other requirements in this section, where the antenna is attached to the roof or sides of a building, an existing tower, a water tank or a similar structure.
(2) The following antennas are permitted under the provisions of this section:
(a) Omnidirectional or whip antenna no more than seven inches in diameter and extending no more than ten feet above the structure to which they are attached; or
(b) Panel or similar antenna no more than two feet wide and six feet long, extending above the structure to which they are attached by no more than ten feet.
(3) Antenna and antenna array not on publicly-owned property shall not extend more than ten feet above the highest point of the structure on which it is mounted. The antenna, antenna array and its support structure shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to withstand a wind force of 100 mph without the use of supporting guy wires, in all zones. The antenna, antenna array and its support structure shall be a color that blends with the structure on which they are mounted.
(4) Unless there are unusual geographic limitations or other public policy considerations, as determined in the city’s sole discretion, no such antenna, antenna array or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located.
(5) No guy or other support wires shall be used in connection with such antenna, antenna array or its support structure except upon approval of a conditional use permit.
(K) Inspection requirements. Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC standards and, within 60 days of the inspection, file a report with the City Clerk, Submission of a FCC required, and duly filed, safety inspection report, or the facility operator’s maintenance reports for the prior 12 months in the event no FCC report is required for such year, to the City Clerk shall satisfy the requirements of this section.
(L) Landscaping/screening.
(1) Landscaping. Landscaping, as described herein, shall be required to screen as much of the support structure as possible, the fence surrounding both the support structure and any other ground level features (such as a building), and in general soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.
(2) Screening. The visual impacts of a tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of towers shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the city for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements:
(a) A row of evergreen trees a minimum of ten feet tall at planting a maximum of six feet apart, or a row of deciduous or coniferous trees a minimum of ten feet tall at planting a maximum of 15 to 25 feet apart shall be planted around the perimeter of the fence; or
(b) A continuous hedge at least 36 inches high, or five-gallon size shrub, at planting capable of growing to at least 48 inches in height within 18 months shall be planted around the perimeter of the tower and accessory structures.
(3) Maintenance. In the event that landscaping is not maintained at the required level, the city, after giving 30 days’ advance written notice, may maintain or do the landscaping and bill both the owner and lessee for such costs until such cost are paid in full.
(M) Non-use/abandonment.
(1) In the event the use of any tower or antenna has been discontinued for a period of 60 consecutive days, the tower or antenna shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the city which shall have the right to request documentation and/or affidavits from the tower or antenna owner/operator regarding the issue of tower or antenna usage. Upon such abandonment, the owner/operator of the tower or antenna, or the owner of property upon which such facility is located, shall have an additional 60 days within which to:
(a) Reactivate the use of the tower or antenna or transfer the tower or antenna to another owner/operator who makes actual use of the tower or antenna;
(b) In the event that abandonment, as defined in this section, occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the affected radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower which exceeds the minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment; however, in the event that there is a physical reduction in height of substantially all of the providers’ towers in the city, then all of such providers’ towers within the city shall similarly be reduced in height; or
(c) Dismantle and remove the tower or antenna. If such tower or antenna is not removed within said 60 days from the date of abandonment, the city may remove such tower or antenna, in accordance with applicable law, at the facility owner’s and/or property owner’s expense. If there are two or more users of a single tower or antenna, then this provision shall not become effective until all users cease using the tower or antenna.
(2) At the earlier of 60 days from the date of abandonment without reactivation or upon completion of dismantling and removal, city approval for the tower or antenna shall automatically expire.
(N) Application requirements.
(1) In the course of reviewing any request for any approval required under this chapter made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Planning Commission or the City Council, as the case may be, shall act within a reasonable period of time after the request is duly filed with the city, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. All applicants who wish to locate a wireless telecommunication antenna or tower in the city must submit to the city’s Zoning Administrator a completed application and detailed plan that complies with the submittal requirements of this section, the Zoning Code and other regulations and ordinances of the city along with other pertinent information requested by the city.
(2) Application submission for conditional use, variance and building permit requests may utilize any combination of site plans, surveys, maps, technical reports or written narratives necessary to convey the following information:
(a) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadway, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other proposed structures;
(b) A current map and aerial as provided by the County Assessor’s office showing the location of the proposed tower;
(c) Legal description of the parcel, if applicable;
(d) Approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties;
(e) A landscape plan showing specific landscape materials;
(f) Method of fencing, finished color and, if applicable, the method of camouflage and illumination;
(g) A notarized letter signed by the applicant stating the tower will comply with all EIA standards and all applicable federal and state laws and regulations and the city code including specifically FAA regulations;
(h) A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antenna for future users;
(i) A notarized letter signed by the applicant stating that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
(j) The telecommunications company must demonstrate that it is licensed by the FCC if required to be licensed under FCC regulations;
(k) The applicant, if not the telecommunication service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC;
(l) A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in this section. The site plan shall not be required if the antenna is to be mounted on an existing structure;
(m) At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the city; and
(n) This chapter shall apply to all applications which were filed prior to the effective date hereof and which have not been approved by the City Council as of the effective date of this chapter and to applications filed thereafter.
(O) Third party review. The telecommunications provider use various methodologies and analysis tools, including geographically-based computer software, to determine the specific technical parameters of telecommunications services and facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths and the like. In certain instances, there may be a need for expert review by a third party of the technical data submitted by the telecommunications provider. The City Council or the Planning Commission may require such a technical review, to be paid for by the applicant for the telecommunications services or facilities. The selection of the third party expert shall be by mutual agreement between the applicant and city, such agreement not to be unreasonably withheld by either party. The expert review is intended to be a site-specific review of technical aspects of the telecommunications services or facilities and other matters as described herein with respect to potential interference issues, and not a subjective review of the site selection. Such a review should address the accuracy and completeness of the technical data, whether the analysis techniques and methodologies are legitimate, the validity of the conclusions and any specific technical issues outlined by the City Council, Planning Commission, city staff or interested parties. Based on the results of the third party review, the city may require changes to the application for the telecommunications services, facilities and other matters as described herein that comply with the recommendations of the expert.
(P) Conditional use permit requirement. Notwithstanding anything to the contrary contained herein, in all instances a conditional use permit must be obtained with the affirmative vote of City Council before any radio, television, personal wireless services or facilities may be constructed or operated within the city. The Planning Commission shall hold a public hearing and make recommendation to the Council, the Council shall hold a public hearing before making the final decision. Both hearings shall be advertised ten days prior to the hearing.
(Q) Termination.
(1) The City Council may, subject to applicable law, rescind any previously granted or pending city approval or lease necessary for the constructions, installation or operation of telecommunications facilities if it determines that any one of the following conditions exist:
(a) A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use;
(b) A user’s frequency broadcast unreasonably interferes with other users of higher priority of use as set forth in subsection (G) above, regardless of whether or not this interference was adequately predicted in the technical analysis; or
(c) A user violates any of the standards in this chapter or the conditions of city approval, lease provisions with the city or other terms of authorization by the city.
(2) Before taking action, the city will provide notice to the user of the intended termination and the reasons for it, and provide a reasonable opportunity for the user to either cure the alleged interference, violation or condition or address the City Council regarding the proposed action.
(3) This procedure need not be followed in emergency situations.
(4) Notwithstanding the above, the City Council reserves the right to deny, for any reason, the use of any or all city-owned property by any one or all applicants. Such denial shall be in writing and support by substantial evidence contained in a written record.
(R) Violations; penalties; city remedies.
(1) Any person who violates any of the provisions of this section shall be punished in accordance with the provisions of § 11-1008 of this city code.
(2) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person.
(3) In addition to receiving any fines or other monetary remuneration, the city shall have the right to seek injunctive relief for any and all violations of this chapter and all other remedies provided at law or in equity.
(4) Before taking action, the city will provide notice to the user of the alleged violation, and provide a reasonable opportunity for the user to either cease or cure the alleged violation or address the City Council regarding such alleged violation. This procedure need not be followed in emergency situations.
(S) Conflict. To the extent that any provision or provisions of this section are inconsistent or in conflict with any other provision of the city code, Zoning Code or any ordinance or regulation of the city, the provisions of this chapter shall be deemed to control. When not inconsistent with the context, words used in the plural number include the singular number, and words used in the singular number include the plural number.
(2005 Code, § 11-516)