A. Purpose: The purpose of this section is to establish guidelines for the location of wireless communication facilities (WCF) without prohibiting their location but protecting the health, safety, welfare of the public and the character of the area by:
1. Recognizing the communication needs of residents and businesses;
2. Establishing appropriate standards for WCF sites;
3. Preserving the existing unique and rural character of the City;
4. Requiring collocation of WCFs;
5. Minimizing adverse visual effects of towers and facilities by establishing setbacks and design standards; and
6. Discouraging the creation of new monopole wireless communication towers.
B. General Provisions:
1. Applicability: No WCF, as defined herein, shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered unless the required permits have been submitted to the City and approved.
2. Bulk Standards:
a. WCFs located as permitted uses:
(1) No more than twelve feet (12') higher than the structure in or on which they are located.
(2) In accordance with zoning district requirements.
(3) No alteration to the structure for the WCF shall make the structure unsafe to the public.
b. WCFs located as conditional uses:
(1) The height of any new WCF shall not exceed fifty five feet (55'); provided, however, that a WCF greater than fifty five feet (55'), but no more than one hundred feet (100'), may be allowed upon the granting of a variance. Height is measured from the base of the structure to the tallest point, including any antenna.
(2) Setbacks from any public roadway or adjacent property line shall be equal to the height of the tower. The setback from Residentially zoned property shall be double the height of the tower, as illustrated below.
c. The location, height or construction of this new WCF shall not give this WCF provider an unfair advantage over any other WCF provider in the City.
3. Aesthetics: The following requirements apply to all WCFs located in the City:
a. WCFs shall be designed to blend in with its surroundings. This may mean that the facility be designed as a flag pole, tree or other similar structure. It can also mean that the WCF may be designed and painted to blend in with the adjacent area, or structure on which it is located.
b. The WCF site shall be landscaped to provide sufficient screening. See figures 2 and 3 of this subsection:
FIGURE 2
FIGURE 3
c. The WCF shall have no exposed wiring. All wiring must be enclosed within the structure or pole.
C. Regulations:
1. Federal Guidelines: All WCFs must meet the guidelines established by the FCC and FAA.
2. Security; Safety: All WCFs shall show the construction of security fencing or climb guards to ensure the safety of the site.
3. Identification Signage: No WCF provider identification signage may be erected on site.
4. Site Lighting: Site lighting shall conform to the City’s lighting regulations and all FAA or other State or Federal agency requirements.
5. Abandonment: WCF providers shall notify the City of abandonment of a facility within thirty (30) days. All WCFs shall be removed within ninety (90) days of abandonment unless an extension is otherwise requested and granted.
6. Damage: All WCFs shall be repaired within fourteen (14) days of damage.
7. Required Licenses: The WCF providers shall submit copies of all licenses as required by State or Federal authorities.
8. Property, Lease Information: The WCF provider shall submit all information regarding the ownership of the property, a copy of the lease agreement and contact information for the WCF provider company.
9. Siting: The siting of any WCF shall not interfere with any public safety communications, the City’s wireless mesh network or the City’s wireless internet service network.
10. Collocation: Collocation is required. Collocation is when three (3) or more WCF providers locate on a single structure.
11. Freestanding: All new freestanding WCFs shall be of a monopole design.
D. Maintenance And Repair Required: The appearance and safety of the WCF shall be maintained at all times. A maintenance agreement shall be filed with the City which details the WCF provider’s intent to maintain the site. It shall contain a contact name, with direct phone line number, fax number and mailing address. Each year the WCF provider shall submit to the City updated contact information. Failure to maintain the site properly will be considered a property maintenance violation and is regulated by this Code.
E. Administration:
1. The following is a list of the necessary information in order to process a WCF:
a. WCFs as permitted uses:
(1) All licenses;
(2) Site plan showing the location of the WCF, including the existing structure and all adjacent improvements (buildings, landscape, lighting, etc.);
(3) Signed contract with the property owner;
(4) All engineering plans;
(5) Projected diameter of coverage.
b. WCFs as conditional uses:
(1) All licenses;
(2) Proof of ownership of property or lease agreement and signed letter of authorization from property owner;
(3) All applicable application forms;
(4) Site plan (fully dimensioned);
(5) Landscape plan;
(6) Lighting plan;
(7) Engineering plans;
(8) Projected diameter of coverage;
(9) Map of all existing towers, public facilities and buildings within a six (6) mile radius of proposed site;
(10) Written proof describing why the WCF cannot be located on any of the identified existing towers, public facilities or buildings. Please address each identified site separately.
2. Once a completed application is received, the City shall review the provided materials and return comments back to the applicant within thirty (30) calendar days. The applicant shall address all of staff’s comments and make a complete resubmittal. After all necessary staff reviews, the request will proceed to the Planning and Zoning Commission for a public hearing, then to the City Council for final approval.
F. Existing WCFs: All existing WCFs shall be allowed to continue to remain as existing nonconforming uses. Any proposed new antennas shall be allowed to be constructed on the tower, provided the WCF provider notify the City of intent to do so and the new antenna shall not be higher than the lowest existing antenna.
G. Wireless Communication Facility Definitions: See section 11-3-1, “Definitions”, of this title.
H. Examples:
EXAMPLES OF WIRELESS COMMUNICATION FACILITIES
(Ord. 06-889)