The following standards for approval shall apply to all cellular or wireless communications antennas and towers.
(a) Justification of location. The cellular or wireless communications company shall demonstrate, using the latest technological evidence, that the antenna or tower must be placed in a proposed location to serve its necessary function in the company’s grid system. Part of this demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company’s grid system.
(1) The applicant shall provide to the city all engineering studies which the applicant has completed, or intends to complete, to establish the necessity of placing an antenna within the city.
(2) The applicant shall provide a map of all current locations of wireless communications antenna sites, and all proposed wireless communications antenna sites, which will provide service under a license issued by the FCC to users located in the city. This map shall include:
(Ord. 99-132, passed 10-11-1999)
A. The location of all existing wireless communications antennas and towers that provide service to users located in the city;
B. All locations at which the applicant has secured the right to lease space for or has entered into a lease for installation of wireless communications antennas or towers, unless the information is deemed proprietary in nature;
C. The geographic areas served by each tower location that provides service to users located within the city; and
D. The geographic areas into which the provider must install an antenna or tower in order to provide service to users located within the city.
(b) Attempts to use existing structures.
(1) If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within the area that would allow the antenna to function properly in the company’s grid system to ask for permission to install the cellular communications antenna on those structures, and was denied for non-economic reasons, or that a clearly unreasonable economic demand was made by the owner, based on prevailing market values.
(2) The city may deny the application to construct a new cellular or wireless communications tower if the applicant has not made a good-faith effort to mount the antenna on existing structures.
(c) Plan of operation. The applicant shall provide the city with its plan of operation of the antenna structure, including:
(1) The radio wave frequency range of the expected or intended usage;
(2) The effective radiated power under peak operating conditions of each antenna on a proposed tower; and
(3) The type of services the applicant expects or intends to provide to customers of the applicant through the signals received and transmitted by the antenna.
(Ord. 98-104, passed 9-14-1998)
(d) Radiation level calculations. The applicant shall provide engineering calculations demonstrating anticipated levels of effective radiated power, and shall provide a study which demonstrates the mapping of radiation levels actually produced by all antennas on a tower under maximum operating conditions; the mappings showing radiation levels at ground level within 800 feet of the tower. The readings shall be taken at 45-degree intervals around the tower at every 100 feet from the tower (plus or minus ten feet). Upon written request of any applicant, the City Engineer, in his or her discretion, can waive the requirements for measurements at particular intervals or distances from the tower, or may require different points of measurement if, in his or her opinion, it is unlikely that any person will be exposed at the location specified in this provision. The City Engineer’s decision shall be stated in writing with written justification for the decision. The approval or denial of any permit shall not be based on the radiation level calculations unless the radiation exceeds the standards established by the FCC.
(Ord. 99-132, passed 10-11-1999)
(e) Justification of antenna/tower height. The applicant shall demonstrate that the antenna/tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirements as set out in division (g) below. An antenna that is taller than the minimum necessary height may be approved if it would significantly increase the potential for co-location.
(f) Tower safety.
(1) All cellular or wireless communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers. Furthermore, the applicant shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe, and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC regulations or applicable building code regulations, and the operation or construction is in compliance with regulations, then this requirement for safety shall be deemed to have been met.
(2) Subsequent to the installation of a cellular or wireless communications tower site, if it is determined by the City Council, upon presentation of proper and sufficient documentation and after a public hearing that the operation of a cellular or wireless communications tower is inherently dangerous, or is a demonstrable health hazard, the cellular or wireless communications tower site shall be declared to be a nuisance and all operations shall cease. The tower or antenna shall also be removed as provided under § 1188.06. However, no order of removal shall be made if it is inconsistent with FCC regulations.
(g) Limiting the number of cellular or wireless communications towers.
(1) In order to reduce the number of antenna support structures needed in the city in the future, the proposed cellular or wireless communications towers shall be required to accommodate other uses, including other cellular or wireless communications companies, and the local police, fire and ambulance departments. The owner of the existing cellular or wireless communications tower may request reasonable compensation for the use of the tower. For the purposes of encouraging co-location of cellular or wireless antennas and other uses, cellular or wireless communications towers shall be designed, engineered and constructed as follows, unless waived for good cause by the City Engineer, to minimize impact on adjoining property.
A. Towers less than 75 feet tall shall be designed, engineered and constructed to support antennas installed by one or more cellular or wireless communications service users.
B. Towers more than 75 feet in height, but less than 150 feet, shall be designed, engineered and constructed to support antennas installed by two or more wireless communications service users.
C. Towers 150 feet in height or taller shall be designed, engineered and constructed to support antennas installed by three or more cellular or wireless communications service users.
(2) As used in this division, the term
USERS shall include the antennas of police, fire and ambulance departments. In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the cellular tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.
(Ord. 98-104, passed 9-14-1998)
(h) Licensing. The communications company must demonstrate to the city that it is licensed by the Federal Communication Commission (FCC). The owner of the tower must also annually provide to the city during the first week of January of each new year a list of all users of the tower, and each user shall provide the city with a copy of each user’s license with the FCC. No approval will be granted to any applicant unless proof of current FCC license for the proposed use of the tower is provided.
(Ord. 99-132, passed 10-11-1999)