(A) Permits.
(1) It shall be unlawful for any person, firm, or corporation to erect, construct in a place, place or re-erect, replace or substantially repair any tower without first making application to the city and securing a permit therefor as hereinafter provided.
(2) At the time of the application, the applicant shall provide written certification to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.
(B) Fee. The applicant shall pay a building permit fee in the amount of $2,500 for any new towers and $1,000 for any new collocations.
(C) Construction requirements. All antennas and towers erected, constructed, or modified within the city, and all wiring therefor, shall comply with the following requirements.
(1) All applicable provisions of the city code.
(2) The tower shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind-loading requirements of the International Building Code and the Electronics Industry Association.
(3) With the exception of necessary electric and telephone service connection lines, no part of any antenna or tower, nor any lines, cable, equipment or wires or braces in connection with either, shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk or property line.
(4) Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices, and to comply with the provisions of the National Electrical Code.
(5) All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower and antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.
(6) Every tower affixed to the ground shall be protected to discourage unauthorized persons from climbing the tower.
(7) All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration as applicable.
(8) Antennas and towers shall not be erected in in the city in violation of the following restrictions, unless they are specifically waived by the City Council, after a public hearing and recommendation by the Zoning Board of Appeals, in approving an application.
(a) Notwithstanding the general provisions of this chapter, and the applicable provisions of this Title XV, the required setback for an antenna or tower attached directly to the ground shall be equal to the height of the antenna and tower. Those antennas and towers attached to a building and whose base is not on the ground may be constructed, if setback a distance equal to one-half the height of the tower, less the distance from the point of attachment on the building to the ground.
(b) No tower shall exceed a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line that serves more than one dwelling or place of business. Those antennas and towers originally attached to a building, and whose base is not on the ground, shall not exceed an overall height from the point of attachment to the top of tower that is greater than the distance from the point of attachment to the nearest overhead electrical power line serving more than one dwelling or business.
(c) Metal towers shall be constructed of, or treated with, corrosive-resistant material. Wood poles shall be impregnated with rot-resistant substances.
(d) In a residential zoning district, except in the case of pubic property, the applicant will provide a written statement from a licensed engineer certifying that the applicant will be prohibited from providing commercial wireless telecommunication services, as provided for in the Telecommunications Act of 1996, as amended from time to time, unless a tower is constructed in a residential zoning district.
(e) The applicant must request approval of a conditional use permit from the city, pursuant to § 153.095, in all zoning districts.
(9) If a tower is hereafter damaged or destroyed, for any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but the tower may not be repaired or restored, except in full compliance with this chapter.
(Ord. 2023-9, passed 9-13-2023)