(A) Cellular and microwave towers are permitted only by special exception only in AG, B2, B3, B4, I1, I2, I3 and I4 Districts.
(B) The Commission may require commitments from the tower owner including, but not limited to: landscaping; installation of an America flag with lighting; fencing; screening; require the tower and equipment be painted or finished in specific colors.
(C) The Commission shall require the applicant to provide written evidence that there is no other existing tower, within the proposed service area, on which the applicant can co-locate their facility.
(D) Tower owners shall be required to allow other communication companies to lease space for equipment on the tower at reasonable market rates.
(E) Tower owner is required to obtain a “tower permit” from the office of the City Superintendent and pay the fee per § 94-240 of this chapter. The permit must be renewed bi-annually.
(F) If the tower owner fails to comply with commitments required by the Commission, including maintenance of commitment items including, but not limited to, fences, landscaping screening and finishes, the City Superintendent shall notify the tower owner, in writing, of their failure to meet commitments and shall order the tower owner to rectify the deficiencies within ten days of notice. If the tower owner does not comply with the order, the Superintendent shall file the violation in the City Court. Violation will carry the penalties per item (e), Industrial Violation, of § 94-241 of this chapter. If, after a period of 30 days, the tower owner has not complied with the order, the Superintendent may revoke the tower permit.
(G) The tower company may appeal a revocation of a permit to the Commission. Upon appeal the Commission may impose additional commitments or penalties, require the tower to be removed at the owner’s expense, or order the Superintendent to reinstate the permit.
(Ord. 2001-1478, passed 11-19-2001)