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The Planning Commission shall hear and make recommendations to the City Council on all requests for variances. The City Council shall decide all requests for variances from the literal provisions of this subchapter. The Council may approve such a variance upon a finding that the variance meets each of the following criteria, although it shall not be required to do so.
(A) There are exceptional or extraordinary circumstances or conditions applying to the property and/or structure(s) in question, which circumstances or conditions do not apply generally to their property and/or structures.
(B) The variance is necessary for the preservation of substantial property rights of the applicant.
(C) Under the circumstances of the particular situation, the variance will not adversely affect the health, safety, or general welfare of residents of the surrounding area or of the community as a whole.
(D) The variance will not conflict with the Comprehensive Plan.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
The owner of any sign otherwise allowed by this subchapter may substitute a non-commercial speech sign in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary.
(Ord. 395, passed 7-6-2010; Am. Ord. 419, passed 12-17-2013; Am. Ord. 452, passed 10-17-2017)
TELECOMMUNICATION TOWERS AND ANTENNAS
(A) The city desires placement of towers to allow for the best telecommunication abilities of its citizens and businesses, but also to limit the number of towers by supporting collocation of carriers on a telecommunications antenna or tower. The city desires that towers not be placed on environmentally sensitive areas.
(B) In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to:
(1) Facilitate provision of wireless communications services to the residents and businesses of the city;
(2) Minimize adverse visual effects of towers through careful design and siting standards;
(3) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(4) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. This includes the co-locating of telecommunication carriers.
(Ord. 395, passed 7-6-2010)
For the purpose of this chapter and other applicable ordinances certain words and terms are defined as follows:
ANTENNA. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
COMMERCIAL RECEIVING AND/OR TRANSMITTING ANTENNA. Any antenna erected for the commercial use of the information.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE FACILITY. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking areas, and other accessory development and related equipment.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized (ESMR), paging, and similar services that are marketed to the general public.
EQUIPMENT BUILDING, SHELTER OR CABINET A building or cabinet used by telecommunication providers to house equipment for a facility.
FALL ZONE. The distance equal to the height of the telecommunication tower or antenna.
LATTICE TOWER. A self-supporting structure, erected on the ground, which consists of metal strips or bars to support antennas and related equipment.
MONOPOLE. A wireless communication facility, which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
PRIVATE RECEIVING AND/OR TRANSMITTING ANTENNA. Any antenna erected for the non-commercial use of the information.
PUBLIC UTILITY. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this subchapter, commercial wireless communication service facilities shall not be considered public utility uses, and are defined separately.
RELATED EQUIPMENT. All equipment ancillary to the transmission and reception of voice and data radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.
STRUCTURE RIDGELINE. The line along the top of a roof or top of a structure, if it has no roof.
TELECOMMUNICATION FACILITY. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking areas, other accessory development and related equipment.
TELECOMMUNICATION FACILITY - CO-LOCATED. A telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.
TELECOMMUNICATION FACILITY - COMMERCIAL. A telecommunication facility that is operated primarily for a business purpose or purposes.
TELECOMMUNICATION FACILITY - MULTIPLE USER. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one (1) or more antennas owned or used by more than one (1) public or private entity, excluding research and development industries with antennas to serve internal uses only.
TELECOMMUNICATION FACILITY - NON-COMMERCIAL. A telecommunication facility that is operated solely for a non-business purpose.
TELECOMMUNICATION TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet in height, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
TOWER. Any pole, wire, structure or combination thereof, including support lines, cables, wires, braces and masts intended primarily for the purpose of mounting antenna or to serve as an antenna.
(Ord. 395, passed 7-6-2010)
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