(A) Wireless communication facilities (cell towers). These provisions shall apply in all zoning districts whether the use is permitted, conditional, accessory or temporary.
(B) Required approvals. The placement of telecommunications facilities shall meet the following approval requirements:
(1) Installation of new antenna. The installation of new antenna(s) on existing towers, including legal nonconforming towers and existing alternative structures (such as water towers, buildings or church steeples). New antenna that will add any height to an existing tower, or extend over ten feet above the highest point of any alternative structure shall be subject to the provisions of this chapter for the installation of new towers as described;
(2) Installation of new accessory structures. The installation of new accessory structure(s), such as equipment buildings, to support the installation of antenna on existing towers or alternative structures; and
(3) Installation of new tower. The installation of any new tower(s) shall be reviewed consistent with the provisions of this chapter and Chapter 4.
(C) Determination of new tower need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification from a professional engineer licensed in the state that the antennas planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two-mile radius of the proposed tower location due to one or more of the following reasons:
(1) Inadequate structural capacity. The antennas would exceed the structural capacity of the existing or approved tower or other structure and the existing or approved tower, building or other structure cannot be reinforced, modified or replaced to accommodate the antennas at a reasonable cost;
(2) Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site and the interference cannot be prevented at a reasonable cost;
(3) Inadequate height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably;
(4) Unforeseen circumstances. Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunications equipment upon an existing or approved tower or structure;
(5) Commonly reasonable lease agreement. The proposed tower owner is unable to enter a commonly reasonable lease term with the existing tower owner or land owner; and
(6) Land availability. Additional land area is not available (when necessary).
Sample Telecommunications Facility Layout
(D) Co-location capability. New freestanding towers classified as a wireless communication facility for purposes other than commercial radio or television broadcast shall be designed and engineered structurally, electrically and in all other respects to accommodate both the applicant’s equipment and at least one additional user for every 50 feet in total tower height in excess of 75 feet.
(1) Each additional user shall be assumed to have an antenna loading equal to that of the initial user.
(2) Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
(3) An affidavit shall be submitted with the development plan stating the extent to which the tower owner agrees to allow additional equipment by other service providers to be located on the tower and its premises on a reasonable and non-discriminatory basis.
(E) Abandoned facilities. The owner of the property shall notify the Administrator at the time that a wireless communication facility ceases operation. Any tower or antenna that is not operated for a period of six months shall be considered abandoned, and the owner of the tower or antenna, or the owner of the property, shall remove the same, including any accessory equipment, within 60 days, after which time the city may cause removal of the tower or antenna at the property owner’s expense. After written notice to the property owner, the city may place a lien on the property until the city is reimbursed for the cost of removal of the abandoned wireless telecommunication facility. If there are two or more users of a single tower, this provision shall not become effective until all antennas located on the tower cease operation for the period specified above.
(F) Design requirements. All telecommunications facilities shall meet the following design requirements.
(1) Contextual design. Towers and antennas should generally be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
(a) Wireless telecommunication towers should generally be of a monopole design and, when located within or adjacent to an environmentally or aesthetically sensitive area, or a residential district, be designed to architecturally camouflage the wireless telecommunication tower as much as reasonably practical to blend into the surroundings.
(b) The use of residentially compatible materials such as wood, brick or stone is required for associated accessory structures, which shall be designed to architecturally match the exterior of any adjacent residential or commercial structures within the neighborhood or area.
(2) Lighting. Only when lighting is for safety or security reasons or required by the FAA or other federal or state authority will it be permitted. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have 90-degree cutoff luminaries (shielded downlighting).
(3) Tower height. All towers and antenna shall conform with all FAA tall structure requirements. Tower height shall be expressed as, and measured from, ground level in all instances.
(a) In the NB, CB, PBC, IN Zoning Districts the maximum height of the tower shall be 150 feet. The maximum height of any accessory structure shall be 15 feet.
(b) In the PBI and ID zoning districts the maximum height of the tower shall be 200 feet. The maximum height of any accessory structure shall be 15 feet.
(c) Antennas mounted as an accessory on top of a building, water tower or other tall structure having another primary function shall not extend more than 15 feet above the highest point of the structure.
(4) Setbacks.
(a) The minimum front, side and rear yard setback for all towers shall be 50 feet from all property lines. No part of a wireless telecommunications facility, including the security fence, any required guide wires or bracing and required landscape screening shall be permitted in any required front yard setback.
(b) Landscape screening in addition to the requirements of this chapter may be provided in the setback area.
(a) No tower shall be placed closer than 500 feet to any property included in a residential zoning district.
(5) Interference with public safety facilities. No new telecommunications facility shall result in any interference with public safety telecommunications.
(6) Security fencing. An six-foot high security fence shall completely surround the tower and accessory equipment building site.
(a) An area ten feet in width shall remain outside of the fence for the purpose of providing the landscape screening described below.
(b) In all zoning districts, the required security fence enclosing the facility shall be 100% opaque and of wood, brick or stone construction. Opaque six-foot tall wooden gates shall be provided to access the facility. Chainlink fencing may be used when landscaping is used to form a continuous screen. Planting shall be evergreens.
(7) Landscape screening. Evergreen buffer plantings shall be located around the outermost perimeter of the security fence of all wireless telecommunications facilities, including any wires and anchors.
(a) If evergreen hedges are used, they shall be a minimum of four feet tall at the time of planting (measured from ground level) and shall be planted a maximum of three feet on center.
(b) If evergreen trees are used, they shall be a minimum of six feet tall at the time of planting (measured from the top of the rootball), and shall be planted a maximum of ten feet on center.
(c) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(8) Signs. No sign, banner or flag shall be placed on the premises of a wireless communication facility, except one non-illuminated permanent sign not larger than two square feet for the purpose of identification in the case of an emergency.
(9) Vehicular access. Vehicular access to the tower and equipment building shall, whenever feasible, be provided along existing driveways. Vehicle access drives may be gravel in the residential zoning districts, and shall be paved in all other zoning districts. Any portion of the entrance located in a public right-of-way shall meet the applicable public street design, construction and pavement requirements.
(Ord. 07-16, passed 12-10-2007)