1187.03 PERMIT PROCESS.
(a) No communication tower over thirty-five feet in height above grade shall be installed or constructed in the City without first obtaining a special permit for same from the Planning Commission.
(b) The Commission shall approve, disapprove, or approve with conditions a special permit for a communication tower over thirty-five feet in height based on a site plan to be submitted by the applicant as prescribed by the Commission. In making its decision, while upholding the purpose of this section, the Commission shall consider that the proposed tower and attendant installation be subject to the following:
(1) Sited so that all reasonable alternatives for tower placement have been clearly and convincingly demonstrated so that the installation will minimize the visual intrusion of the tower.
(2) Shared with other users to minimize the proliferation of towers within the City, including the presentation of evidence demonstrating that consideration was given to co-locating the communication devices and related equipment on nearby pre-existing towers and that such co-location was rejected due to one of the following reasons:
A. Adequate space was not available on any nearby tower.
B. No nearby tower could be structurally reinforced to accept such co-location at a reasonable cost.
C. Interference with existing signal devices was unacceptable and could not be shielded at a reasonable cost.
D. Good faith negotiations with the owner(s) of existing towers could not produce a satisfactory agreement.
E. Any other justifiable reason acceptable to the City Planning Commission.
(3) Detailed in a site plan to include complete structure locations and setbacks.
(4) Located to minimize the visual impact at base elevation of the proposed structure by a comprehensive landscape plan.
(c) Plans submitted for proposed towers shall show conformance with the following development standards:
(1) Minimum setback from all property lines to the tower and all accessory buildings shall be a distance equal to the height of the tower; provided, however, in zones designated “industrial” by these Codified Ordinances, setbacks may be determined from the property lines of contiguous owners to the applicant’s property with the written approval of such contiguous property owners. Setback shall be defined as the distance from the property line to the nearest portion of the structure(s).
(2) Underground wiring to the site shall be required.
(3) Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation.
(4) Obsolete or unused facilities shall be removed within twelve (12) months of ceasing operation.
(5) Plans shall provide for a six foot high obscuring fence around the structure and located as close to the structure as possible while still allowing adequate room for maintenance, temporary vehicle parking, etc.
(6) Towers shall be designated and constructed to the extent allowable by law so that they do not utilize a strobe light.
(d) Applicants shall notify all adjoining landowners of a proposed communication tower installation and of any hearings before the Planning Commission prior to obtaining a special permit from the Planning Commission.
(e) The following are exempt from the special provisions of this section:
(1) Amateur radio installations operating in accordance with Federal Communications Commission Rules and Regulations part 97.
(2) Telephone poles which are part of a communication distribution system for telephone wires.
(f) A non-refundable fee of one hundred fifty dollars ($150.00) shall be paid to the City Planning Commission for review of each application for a special permit for a communication tower. A building and electrical permit must be applied for prior to erecting a tower. The fee for the building and electrical permits is in addition to the Planning Commission fee.
(Ord. 00-196. Passed 8-1-00.)