(A) General description.
(1) It is the intent of this section to establish minimum standards for location, siting and regulation of communications towers and antennas in order to:
(a) Minimize adverse visual effects of towers through careful design, siting and vegetative screening;
(b) Avoid potential damage to adjacent properties from tower failure and falling objects through engineering and careful siting of tower structures;
(c) Allow for reasonable location and use for communications towers and antennas; and
(d) Address adverse effects on human health and safety.
(2) These regulations shall be applied and interpreted in a non-discriminatory manner to facilitate the development of communications services for the benefit of the citizens of the community. As specified herein, certain facilities shall require a special permit prior to installation.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. A device for receiving and/or transmitting electronic data or telephone communications. This definition excludes lightning rods and whip antennas which do not exceed five inches in diameter.
ANTENNA ARRAY. A structure attached to a communications tower that supports one or more antennas.
AT-GRADE DISH ANTENNA. A non-whip antenna anchored to a pedestal that is anchored to a concrete footing or a slab situated at the grade level of the lot on which it is placed; not attached to a building.
CO-LOCATION. Placement of wireless communications equipment from more than one provider on a single site.
COMMUNICATIONS TOWER. A structure, including lattice towers, guyed towers, and monopole towers, that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes radio and transmission towers, microwave towers, common-carrier towers, wireless telephone towers, alternative tower structures and the like.
DISH ANTENNA. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called MICROWAVE ANTENNA, MICROWAVE DISH ANTENNA or SATELLITE DISH ANTENNA, and classified as a non-whip antenna for the purpose of these regulations.
GUYED TOWER. A tower which requires the use of flexible guying cables or wires as the only or principal means of resisting the designed tower loads.
LATTICE TOWER. A self supporting three- or four-sided, open steel frame structure, used to support telecommunications equipment.
MONOPOLE. Also known as SELF-SUPPORTING TOWER; a communications tower consisting of a single pole, with no guy wire support or exposed anchors, tapering from base to top, more than 35 feet in height, and designed to support communications equipment.
NON-WHIP ANTENNA. Any antenna which is not a whip antenna, such as a dish antenna, panel antenna, and the like.
PANEL ANTENNA. Also known as SECTOR ANTENNA; an antenna that transmits signals in specific directions, is typically square or rectangular in shape, and is classified as a non-whip antenna for the purpose of these regulations.
ROOF AND/OR BUILDING MOUNTED FACILITY. A low power wireless communications facility in which antennas are mounted to an existing structure on the roof, including rooftop appurtenances, and a building face.
TELECOMMUNICATIONS SERVICE. The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
WHIP ANTENNA. An omni-directional dipole antenna of cylindrical shape which is no more than six inches in diameter.
(C) Communications devices subject to a special permit in general.
(1) It is the intent of this division to establish special permit requirements for the location of communications towers and antennas which: provide service for wireless telephones; provide for the needs of commercial broadcasters; and establish standards for large private communications devices serving as an accessory to a business located on the same property as the primary use. Because the city is a developing community with extensive open spaces, it is essential to promote public safety and preserve public and private neighborhood assets by limiting the height and location of these facilities to minimize their impact on present and future adjacent land uses. Therefore, wireless telephone systems and commercial broadcasters are encouraged to locate communications devices on existing towers and non-residential structures; and other location requirements are established to serve as minimum standards for consideration during the special permit review process.
(2) The following communications devices are permitted subject to the special permit regulations of this chapter and the specific requirements listed in this section.
(a) Communications tower, subject to the following requirements:
1. Location requirements. To be eligible for a special permit for construction of a communications tower, a site must be located on property that is:
a. Classified in an office, retail commercial or industrial zoning district; or
b. In a residential zoned district where there are no residential uses with a property line within 300 feet of the base of the tower; or
c. Owned by the city.
2. Height requirements. Com- munications towers shall be subject to all height limitations related to airport environs and flight safety; plus the following zoning district standards, whichever are the most restrictive:
a. Agricultural and industrial zoning districts: maximum height is subject to spacing and height requirements of this section and other applicable city codes;
b. Retail commercial zoning districts and municipally owned property: maximum height of 150 feet; and
c. All other permitted zoning districts: maximum height of 80 feet.
3. Spacing requirements.
a. A site for a new telecommunications tower taller than 80 feet in height shall be located a minimum distance of one-half mile from another telecommunications tower, including towers located outside the corporate limits of the city.
b. A site for a new telecommunications tower that exceeds 35 feet in height shall be located a minimum distance of one- fourth mile from another telecommunications tower, including towers located outside the corporate limits of the city.
4. Setback requirements.
a. Except as provided in the location requirements above, all towers shall be located so as to provide a minimum distance equal to 125% of the height of the tower from the tower base to the property line of a residential use.
b. All tower sites shall observe a minimum setback from their boundary fence to any abutting street right-of-way of 25 feet.
c. All guys and guy anchors shall be located within the buildable area of the lot; not within the front, rear, or side yard setbacks; and no closer than five feet to any property line.
5. Co-location.
a. All towers over a height of 70 feet shall be designed and constructed so they may be utilized by two or more wireless communications providers.
b. An applicant for a special permit for a new tower shall provide evidence of a good faith effort to negotiate location of this communications device on an existing tower or eligible structure and evidence that all such possibilities have been exhausted.
6. Monopole tower required. All towers in residential and office zoned areas shall be of monopole construction.
a. Site improvements, screening:
(i) Fencing: a fence, not less than eight feet in height from finished grade, shall be installed around the tower site with access through a locked gate.
(ii) Landscaping: All tower sites shall be landscaped to minimize their visual impact. The special permit review process shall include a Planning Commission recommendation and City Council determination that the landscaping plan is appropriate for the site. The following minimum landscaping requirements shall be met:
(iii) A detailed landscaping plan shall be submitted as a part of the special permit application.
(iv) Priority should be given to sites which can be hidden within a grove of established trees. In addition, or where such a location is not possible, the site shaft be landscaped as follows:
b. Retail commercial zoned areas: The required fence shall be covered with evergreen vines or shrubs.
c. All other zoning districts: Non-deciduous trees, at least six feet in height, shall be planted on ten-foot centers on the outside of the fence on all sides of the site.
d. In addition, the entire tower site, including parking and access drive, shall be included in the landscaping plan and improve- ments.
7. Lighting restrictions. No signals or warning lights shall be permitted on any tower unless required by a municipal, state or federal agency.
8. Advertising and sign restrictions. No commercial advertising or signage shall be allowed on any tower.
(b) At-grade dish antenna or antennas, with a diameter exceeding two meters, subject to the following requirements.
1. Location requirements. Properties eligible for consideration for a special permit for location of these antennas shall include appropriately zoned retail commercial, office and institutional or not-for-profit developments. Because of the lower height profile possible with these devices, municipal-owned properties may also be considered suitable for location of one or more of these antennas.
2. Height requirements. Maximum height of equipment and antennas: ten feet.
3. Setback requirements.
a. All antenna sites in this category shall observe a minimum setback of 25 feet from the site boundary fence to any abutting street right-of-way;
b. No antenna site shall be located within a setback area established by plat, deed restrictions, or zoning regulations;
c. Fencing:
(i) A fence, not less than eight feet in height from finished grade, shall be installed around the antenna site with access through a locked gate. In addition, sight-proof screening as described below shall be installed and maintained:
(ii) Sight-proof screening and landscaping:
A. All at-grade antennas shall be screened by an opaque fence and decorative planting so the equipment is not visible from any street or pedestrian way.
B. In addition, the entire antenna site, including parking, shall be included in the landscaping plan for the installation, to be presented as a part of the application.
(c) Antenna or antenna array located within a structure as an architectural element:
1. Location requirements.
a. Properties eligible for consideration for a special permit for location of such antenna or antenna array shall include municipal owned sites and appropriately zoned retail commercial, office and institutional or not-for-profit developments.
b. Antenna placement shall be within the framework of an architectural element of an existing or proposed structure, including, but not necessarily limited to, church steeple, bell tower, arch or clock tower.
c. Design: Consideration should be given to the ability of the applicant to integrate the design and location of the device into the design of the existing structure with the objective of rendering the device indistinguishable as an antenna.
2. Height and overall size. No element of the antenna shall be extended above the height, or outside the confines, of the structure of which it is a part.
(D) Communication devices permitted by right. The following communications devices do not require a special permit and may be installed if they meet all requirements of this division (D) and this chapter; provided that, a building permit shall be required when there are structural modifications required for the installation of the device.
(1) These are intended solely for the non-commercial use of a residential property owner, including, but not necessarily limited to, a monopole, dish antenna two meters or less in diameter, and whip antenna. These devices shall be considered as accessory uses subject to plat and deed restrictions and the following requirements:
(a) Maximum height:
1. Freestanding monopole or whip antenna: the height limit of the zoning district or the plat restrictions, whichever is the lesser; and
2. Building mounted whip or dish antenna: the height limit of the zoning district or the plat restrictions, whichever is the lesser.
(b) Setbacks:
1. The communications device, and any guys and guy wires, shall be located within the buildable area of the lot as follows;
2. No communications device shall be located in front of the main building; and
3. No communications device shall be located within in the required front, side or rear yard setbacks, and no closer than five feet to any property line, whichever is greater.
(c) Building permit: installation of a monopole and any at-grade antenna on a residential lot shall require a building permit. Whip and non-whip antennas attached to a building shall not require a building permit unless there is a structural modification or alteration making the installation subject to building code requirements.
(d) Additional devices: no more than one such device shall be permitted on a residential property by right. Additional devices shall require application and public hearing procedures for a special permit.
(e) All devices shall be subject to all federal and state communications regulations.
(2) Installation and replacement of antennas and antenna arrays on existing communications towers or to install additional antennas and antenna arrays on existing towers or suitable facilities rather than add new sites;
(3) Antennas and antenna arrays may be installed or replaced in all zoning districts, without further zoning or special permit proceedings, on existing utility, lighting, communications towers, and sign structures. In addition, an existing structure may be rebuilt in all zoning districts without further zoning or special permit proceedings; provided, all of the following requirements are met:
(a) Construction is necessary to enable the tower to support the load of the new antennas or to replace all or part of an obsolete tower;
(b) The rebuilt tower is substantially similar in appearance to the structure it replaces;
(c) The only permitted height increase is the installation of a whip antenna which shall not increase the overall height of the structure by more than 20 feet. Any other height addition shall require a special permit;
(d) There is no increase in the size of the site;
(e) There is no reduction in original required landscape improvements;
(f) There is no addition in land area, structures, ground equipment or parking;
(g) Regardless of special permit application requirements, any structural change or be subject to city building permit requirements. In addition, the City Manager shall have the authority to require a certification letter, signed and sealed by a registered professional engineer, confirming that the addition, change or modification conforms to structural wind load and all other requirements of applicable city codes;
(h) Placement of roof and/or building- mounted whip antennas, dish antennas of two meters or less in diameter, and other non-whip antennas, on non-residential structures and multiple-family residential structures, subject to the following:
1. A non-whip antenna shall not exceed the height of the building by more than ten feet and shall not intrude into any required building setback area; and
2. A whip antenna shall not exceed the height of the building by more than 20 feet and shall be located no closer than five feet to the perimeter of the building.
(i) Regardless of special permit application requirements, any structural change or modification shall be subject to city building permit requirements. In addition, the Public Works Director shall have the authority to require a certification letter, signed and sealed by a registered professional engineer, confirming that the addition, change, or modification conforms to structural wind load and all other requirements of applicable city codes;
(j) Inspection, removal and identification;
(k) Inspection requirements;
(l) The tower owner shall inspect the tower at least once every 36 months for compliance with all applicable Federal Communications Commission and Federal Aviation Administration regulations and provide a summary report to the Public Works Director;
(m) Compliance records shall be kept by the owners of all communications devices, except residential accessory antennas, and made available upon request to the Public Works Director, or the Director’s designee, during regular business hours;
(n) Any notice of violation shall be provided to the City Manager within seven days of receipt by the tower owner;
(o) The city may, at its discretion or by complaint, inspect any communications device within its jurisdiction; require an inspection if there is visible damage to a tower or antenna that appears to be significant; or, when an inspection has been conducted, significant questions remain about the structural integrity of the tower or antenna;
(p) Removal of structurally unsafe or unused towers and antennas;
(q) Failure to maintain and operate a tower or antenna in compliance with all rules and regulations of local, state, and federal jurisdictions shall be grounds for declaration of the structure as a nuisance by the city;
(r) Any tower or antenna that is no longer used and maintained as a communications device for a period of 36 months, or which has no current required licenses, shall be subject to declaration as a nuisance by the city and removed by the owner; and
(s) Identification signs required. Appropriate signs shall be posted at all communications sites requiring security fencing to indicate that trespassing and/or vandalism to the property may be punishable under local, state or federal statutes.
(2002 Code, § 154.072) (Ord. 486, passed 5-12-2003; Ord. 515, passed 5-10-2004)