1144.04 PROCEDURE.
(a) Notice. Prior to taking any action on an application, the Planning Commission will cause notice of the pending application to be sent by certified mail to all abutting property owners and property owners within one thousand (1,000) feet of the parcel on which the antenna and/or tower is to be located. The Building Commissioner may also provide notice by regular first class mail to any other property owner in the City which he feels will be substantially impacted by the siting of this tower. The failure of the Building Commissioner to give notice as required in this section shall not affect the validity of the Planning Commission's action. The foregoing notice requirement may be waived by the Planning Commission for construction of a new antenna on an existing structure which application does not require the construction of a new tower or associated facility.
(b) Criteria for Permitted Use. The following items must be submitted to the Planning Commission, along with the application, as a pre-requisite for the application to be considered for review for wireless communication facilities to be located in a T-1 District:
(1) Documentation demonstrating that the height of the tower is the minimum necessary for operation.
(2) Documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers.
(3) Documentation demonstrating that the proposed tower complies with all state and federal laws and regulations.
(4) A current certified survey showing existing lots and property boundaries, streets, rights of way, servitudes, utilities, buildings and building setbacks, surrounding streets, and important physical features on the site, total square footage of the site and lot, permanent parcel number, and name of subdivision, if applicable.
(5) A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.
(6) A list of all property owners and addressees within one thousand (1,000) feet of the proposed wireless communication facility.
(7) A list of competitors together with their addresses so that the City may notify the competitors of the application in an effort to encourage collocation.
(8) A landscape plan of the site delineating location and dimension of proposed planning areas, including size, type and number of trees to be planted, curbs, fences, buffers and screening elevations of fences and materials used.
(9) A maintenance plan in which the owner/operator will be responsible for the upkeep of the site.
(10) Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that the vehicular access is provided to the facility.
(c) Criteria for a Conditional Use. The following procedural requirements apply to all wireless telecommunications facilities whose location would constitute a conditional use and are in addition to any others set forth in this chapter:
(1) A wireless facility may be permitted as a conditional use in a commercial, industrial, light manufacturing, or motor service district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary and that opportunities for co-location on an existing tower is not feasible. Such an analysis shall include, but may not be limited to the following procedure and submissions:
A. Provide the Commission with a list of the location of every tower, building, or structure that could support the antenna so as to allow it to serve its intended function.
B. Demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure.
C. Where another communications tower is technically suitable, the applicant must show that it has requested to co-locate on the existing tower and the co-location request was rejected by the owner of the tower.
D. Where an existing communications tower is technically suitable, the applicant must further show it has offered to allow the owner to allow that other tower to co-locate an antenna on another tower within the City owned by the applicant on reciprocal terms and the offer was not accepted.
E. The applicant's letter(s) to existing communications tower owners as well as response(s) to those letters shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
(2) The following items must be submitted to the Planning Commission, along with the application, as a pre-requisite for the application to be considered for review:
A. Documentation demonstrating that the height of the tower is the minimum necessary for operation.
B. Documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this ordinance for wireless telecommunications towers.
C. Documentation demonstrating that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.
D. A current certified survey showing existing lots and property boundaries, streets, rights of way, servitudes, buildings and building setbacks, surrounding streets, and important physical features on the site, total square footage of the site and lot, permanent parcel number, and name of subdivision, if applicable.
E. A plot plan including all building uses within five hundred (500) feet shall be required at a scale not less than one inch is equal to one hundred (100) feet. The plot plan shall depict the location and dimension of all proposed structures, with setback dimensions, entrance and exits, parking layout, including parking spaces.
F. Unless waived by the City, an affidavit which certifies that the proposed tower is located no less than two thousand five hundred (2,500) feet from another wireless communication tower within the City.
G. A landscape plan of the site delineating location of existing trees to be preserved, the location and dimension of proposed planning areas, including size, type and number of trees to be planted, curbs, fences, buffers and screening elevations of fences and materials used.
H. A list of the location of every tower, building or structure that could support the proposed antenna so as to allow it to serve its intended function. The list shall include explanations demonstrating that each technically suitable location is not reasonably available on an existing tower, building or structure within the search area.
I. The elevation of existing and proposed structure showing width, depth and height, use types of material and color schemes, statistical data on the tower and their related accessory structure.
J. The zoning classification of the site and zoning classification of all property within five hundred (500) feet of the proposed site.
K. A utility inventory showing the location of all utilities impacting this site.
L. An affidavit that the proposed tower meets all the requirements of the various state and federal regulatory agencies involved and complies with the standards set by the Federal Communications Commission (FCC), including electromagnetic emissions standards.
M. A report from a licensed professional engineer which describes the tower height and design, including a cross-section of the structure; demonstrates the tower's compliance with applicable structure standards; and describes the tower's capacity, including the number and type of search areas that can be accommodated.
N. A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.
O. A list of all property owners and addressees within one thousand (1,000) feet of the proposed wireless communication facility.
P. A list of other tower owners, competitors, other carriers or other similarly situated businesses, together with their addresses, so that the City may notify other entities of the application in an effort to encourage co-location.
Q. A maintenance plan in which the owner/operator will be responsible for the upkeep of the site.
R. Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that the vehicular access is provided to the facility.
(Ord. 1997-21. Passed 5-13-97.)