(A) General. All new antennae or alterations to current antennae are considered special land use. There is no provision to administratively approve such construction or modification. The following provisions shall govern the issuance of special land use permits for towers or antennae by the City Council:
(2) In granting a special land use permit, the City Council, upon recommendation of the Planning Commission and City Planner may impose conditions to the extent the City Council concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(3) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(4) An applicant for a special land use permit shall submit the information described in this section and a non-refundable fee as established by resolution of the City Council to reimburse the city for the costs of reviewing the application.
(B) Towers.
(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 (including adjacent municipalities) Master Plan classification of the site and all properties within the applicable separation distances set forth in this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Community Development Director or designee to be necessary to assess compliance with this chapter.
(b) Legal description of the parent tract and leased parcel.
(c) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(d) The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 155.214 (C) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e) A landscape plan showing specific landscape materials.
(f) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(g) A description of compliance with § 155.214, General requirements, this section, and all applicable federal, state or local laws.
(h) A notarized statement by the applicant’s engineer as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(i) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the city.
(j) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k) A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2) Factors considered in granting special land use permits for towers. In addition to any standards for consideration of special land use permit applications pursuant to §§ 155.288 and 155.289, the City Council, upon recommendation of the Planning Commission and Community Development Director, shall consider the following factors in determining whether to issue a special land use permit, although the City Council may waive or reduce the burden on the applicant of one or more of these criteria if the City Council concludes that the goals of this ordinance are better served thereby:
(a) Height of the proposed tower;
(b) Proximity of the tower to residential structures and residential district boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography;
1. Surrounding tree coverage and foliage;
2. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
3. Proposed ingress and egress; and
4. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in division (7)(b) below.
(3) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:
(a) No existing towers or structures are located within the geographic area which meet applicant’s engineering requirements.
(b) Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
(c) Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
(d) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
(e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing exceed new tower development.
(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/ receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(4) Setbacks. The following setback requirements shall apply to all towers for which a special land use permit is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby:
(a) Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line.
(b) Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(5) Separation. The following separation requirements shall apply to all towers and antennas for which a special land use permit is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby.
(a) Separation from off-site uses/designated areas.
(b) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 11-1, except as otherwise provided.
(c) Separation requirements for towers shall comply with the minimum standards established in Table 11-1.
Table 11-1 Separation Distances from Land Use Types | |
Off-Site Use/Designated Area | Separation Distance |
Single-family or duplex residential units1 | 200 feet or 300% height of tower, whichever is greater |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower (2), whichever is greater2 |
Vacant unplatted residentially zoned lands3 | 100 feet or 100% height of tower, whichever is greater |
Existing multi-family residential units greater than duplex units | 100 feet or 100% height of tower, whichever is greater |
Non-residentially zoned lands or non-residential uses | None; only setbacks apply |
1 Includes modular homes and mobile homes used for living purposes.
2 Separation measured from base of tower to closest building setback line.
3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval an any multi-family residentially zoned land greater than duplex.
(d) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 11-2 below:
Table 11-2 Separation Distances Between Tower Types | ||||
Lattice | Guyed | Monopole 75 Feet in Height or Greater | Monopole Less Than 75 Feet in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 Feet in Height or Greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole Less Than 75 Feet in Height | 750 | 750 | 750 | 750 |
(6) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. Such fencing shall be constructed of a color to blend with surrounding development and not noticed.
(7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special land use permit is required.
(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively and opaquely screens the view of the tower compound. Design and installation shall meet requirements and the spirit and intent of this chapter.
(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(c) Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(8) Buildings or other equipment storage.
(a) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall be contained within the building upon which the antennae are mounted. Equipment storage buildings or cabinets shall comply with all applicable building codes.
(b) Antennas mounted on utility poles, flag poles, or light poles. The equipment cabinet or structure used in association with antennas shall be no greater than 8 feet in height or 100 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of 8 feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence 8 feet in height or an evergreen hedge with an ultimate height of 8 feet and a planted height of at least 36 inches.
(c) Antennas located on towers. The related unmanned equipment structure shall not contain more than 300 square feet of gross floor area or be more than 9 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(d) Modification of building size requirements. The requirements of this section may be modified by the Community Development Director or designee in the case of administratively approved uses or by the Planning Commission in the case of uses permitted by special land use to encourage collocation.
(9) Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 day shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(10) Nonconforming uses.
(a) Nonexpansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this subchapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(b) Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this subchapter.
(c) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding division (9) above, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special land use permit and without having to meet the separation requirements specified in division (7)(b) above. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in division (9).
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)