(A) Compatibility. Personal wireless service 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. 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 should be evaluated, taking into consideration the site as built.
(B) Setback provisions.
(1) Minimum setbacks. Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall comply with the minimum setback requirements of the area in which they are located in all zoning districts.
(2) Exceptions from setback requirements. These setback provisions are intentionally designed to be flexible to take into account individual site characteristics and the nature of surrounding properties. Standardized setback provisions could harm one of the primary intents of this subchapter, which is to minimize the aesthetic impact of tower structures. The goal of minimizing the aesthetic impact of the tower structure may be best accomplished by an individual site review, with the petitioner bearing the burden of proving that their chosen tower location on the subject parcel is the least aesthetically intrusive. The city, in its reasonable discretion and upon finding that the intent of this subchapter would be furthered, may approve placement of an antenna support structure within the required setback areas based on one or more of the following criteria:
(a) The location and nature of the principal structure, if any, on the parcel;
(b) The location, size and nature of any structure on the subject parcel which would lend itself to partial concealment of the tower structure;
(c) The location, height, density and nature of any trees on the subject parcel;
(d) The relative location of the subject parcel to adjacent streets, alleys, roads or thoroughfares;
(e) The near field and far field visual impact of the tower location on the subject parcel;
(f) Adjacent property structures, uses and layouts; and
(g) The Comprehensive Land Use Plan.
(C) Color. Support structures and antennas shall have a non-contrasting blue, gray or black finish, or a similar color that minimizes their visibility, unless a different color is required by the FCC or FAA.
(D) Lights, signals and signs. No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA.
(E) Equipment structures.
(1) Ground level equipment and buildings and the tower base shall be screened from public streets and residentially zoned properties.
(2) The standards for the equipment buildings are as follows:
(a) The maximum floor area is 300 square feet and the maximum height is 12 feet; and
(b) Ground level buildings shall be screened from all adjacent properties by landscape plantings, fencing or other appropriate means, as provided for in § 159.159.
(F) Federal requirements. All towers and antennas 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 subchapter shall bring such towers and antennas into compliance with such revised standards and regulations within three months of the effective date of such standards and regulations, unless a more stringent or lenient compliance schedule is mandated by the controlling federal agency. 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.
(G) Structural design. Towers shall be constructed to the Electronic Industries Association (“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 with the EIA Standards and all other good industry practices in effect at the time of said improvement or addition. Said plans shall be submitted and reviewed at the time building permits are requested.
(H) Building codes: safety standards. To ensure the continuing 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 EIA and FCC, as amended from time to time. If, upon inspection made at the discretion of the city, the city concludes that a tower fails to comply with such codes or standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 60 days to bring such tower into compliance with such standards and codes. If the owner fails to bring such tower into compliance within said 60 days, the city may remove such tower at the owner’s expense.
(I) Fencing/screening. Support structures and equipment shelters shall be fenced to prohibit unauthorized access. Access to the support structure and equipment shelters shall be through a locked gate. Fencing shall be generally consistent with previously approved installations. The city may permit any combination of existing vegetation, topography, walls, decorative fences or other features if they achieve the goal of minimizing the visual impact of the site.
(J) Antenna height. The applicant shall demonstrate that the antennas are the minimum height required to function satisfactorily.
(K) Antenna support structure safety. The applicant shall demonstrate that the proposed antennas and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(L) Required parking. Adequate parking shall be required for maintenance workers.
(M) Signal interference. No antenna shall cause localized interference with the reception or transmission of any other communications signals including, but not limited to television and radio broadcast signals.
(N) Location. No antenna, tower or other facility for personal wireless services shall be located upon any lot or parcel except as provided in this subchapter.
(Ord. 97-4, passed 3-20-1997; Ord. 98-6, passed 2-2-1998; Ord. 99-16, passed 3-2-1999)