(A) Purpose of provisions. The Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunications services. This section is intended to regulate towers, telecommunications facilities and antennas in the city zoning jurisdiction in conformance with the Act without prohibiting or tending to prohibit any person from providing wireless telecommunications services. Telecommunications facilities, towers and antennas in the city zoning jurisdiction, to protect residential areas and land uses from potential adverse impact of installation of towers, telecommunication facilities and antennas through careful design, siting and camouflaging, to promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers, to avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired and removed when no longer used or are determined to be structurally unsound and to ensure that towers, telecommunication facilities, and antennas are compatible with surrounding land uses.
(Prior Code, § 56-446)
(B) Definitions.
(1) As used in this subchapter, the following terms mean:
ANTENNA. A device, designed and intended for transmitting or receiving television, radio or microwave signals, direct satellite service (including direct-to-home satellite service) and/or video programming services via multipoint distribution services.
ANTENNA SUPPORT STRUCTURE. Any building or structure other than a tower which can be used for location of telecommunications facilities.
APPLICANT. Any person that applies for a conditional use permit to install a tower, telecommunication facilities or antenna.
APPLICATION. A process by which the owner of a tract of land within the zoning jurisdiction of the city submits a request to develop, construct, modify or operate a tower upon such tract of land. The term APPLICATION includes all written documents, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning the request.
CONFORMING COMMERCIAL EARTH STATION. A satellite dish which is 2 meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under this code.
ENGINEER. Any engineer qualified and licensed by any state or territory of the United States of America.
OWNER. Any person with fee simple title or a leasehold exceeding 10 years in duration to any tract of land within the zoning jurisdiction of the city who desires to develop, construct, modify or operate a tower upon the tract of land.
PERSON. Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.
SATELLITE DISH. An antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape.
STEALTH. Any telecommunications facility, tower or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees.
TELECOMMUNICATIONS FACILITIES. Any cables, wires, lines, waive guides, antennas or any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, TELECOMMUNICATIONS FACILITIES shall not include:
1. Any conforming commercial earth station antenna 2 meters in diameter or less which is located in the city's commercial or industrial zones.
2. Any earth station antenna 1 meter or less in diameter, regardless of the zoning applicable to the location of the antenna.
TOWER. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term TOWER shall not include amateur radio operator's equipment as licensed by the FCC.
TOWER OWNER. Any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a conditional use permit.
(2) All terms in this subchapter which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Rules and Regulations of the Federal Communications Commission (FCC).
(Prior Code, § 56-447)
(C) Location of towers, telecommunication facilities and antennas.
(1) Towers, telecommunication facilities and antennas shall be permitted conditional uses in all zoning districts, except F-1 (Floodplain District).
(2) No person shall develop, construct, modify or operate a tower, telecommunication facilities or antennas upon any tract of land within the zoning jurisdiction of the city prior to approval of its application for a conditional use permit by the Mayor and City Council and issuance of the building permit by the city. Applicants shall submit their application for a building permit to the Development Department.
(3) All towers, telecommunications facilities and antennas constructed within the zoning jurisdiction of the city after approval and adoption of this chapter shall conform to the Building Code and all other construction standards set forth in the city code, federal and state law, and applicable American National Standards Institute (ANSI) standards. Upon completion of construction of a tower, telecommunication facilities or antennas and prior to the commencement of use, an engineer's certification that the tower is structurally sound and in conformance with all of the aforementioned applicable regulatory standards shall be filed with the Development Department.
(Prior Code, § 56-448)
(D) Application to develop a tower, telecommunication facilities or antenna. Prior to commencement of development or construction of a tower, telecommunication facilities or antenna, an application shall be submitted to the city's Development Department for a conditional use permit and shall include the following in addition to the requirements herein:
(1) The name, address and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower, telecommunication facilities or antenna is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower, telecommunication facilities or antennas. The application shall be executed by all applicants.
(2) The legal description and address of the tract of land on which the tower is to be located.
(3) The names, addresses and telephone numbers of all owners of other towers, telecommunication facilities or antennas, or useable antenna support structures within a 1/4 mile radius of the location of the proposed tower, telecommtrnication facilities or antenna, including publicly and privately owned towers, telecommunication facilities or antennas, or structures.
(4) An affidavit attesting to the fact that the applicant has made diligent, but unsuccessful efforts to obtain permission to install or collocate the applicant's telecommunications facilities on a tower or useable antenna support structure with a 1/4 mile radius of the proposed tower location or written technical evidence from an engineer that the applicant's telecommunications facilities cannot be installed or co-located on another support structure within a 1/4 mile radius of the proposed location.
(5) Written technical evidence from an engineer that the proposed tower, telecommunication facilities or antennas will meet the Building Code, all other construction standards set forth by the city code and federal and state law and applicable ANSI standards.
(6) Color photo simulations showing the proposed location of the tower, telecommunication facilities or antenna with a photo-realistic representation of the proposed tower, telecommunication facilities or antenna as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway.
(7) Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna, manufacturer's literature, appurtenances such as buildings, driveway, parking area and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facilities.
(8) After the conditional use permit is approved, an application for a building permit shall be submitted.
(Prior Code, § 56-449)
(E) Conditional use permit; procedure. The procedure for acquiring a conditional use permit shall be the procedure set forth hereat.
(Prior Code, § 56-450)
(F) Setbacks and separation or buffer requirements; illumination.
(1) All towers, telecommunication facilities, or antennas up to 55 feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers, telecommunication facilities or antennas in excess of 55 feet in height shall be set back 1 additional foot for each foot of tower height in excess of 55 feet. The height of a tower, telecommunication facilities or antenna shall be measured from the grade at the foot of the base pad to the top of any such tower, telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower, telecommunication facilities or antenna to the property line of the tract of land on which it is located.
(2) Towers, telecommunication facilities or antennas exceeding 100 feet in height may not be located in any residential zoned district and must be separated from all residential zoned land by a minimum of 200 feet or 100% of the height of proposed tower, whichever is greater.
(3) Towers, telecommunication facilities or antennas of 100 feet or less in height maybe located in residential zoned districts; provided, the tower, telecommunication facilities or antennas is separated from any residential structure, school or church by a minimum of 100% of the height of proposed tower, telecommunication facilities or antenna.
(4) Towers must meet the following minimum separation requirements from other towers:
(a) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice or guyed, by a minimum of 750 feet.
(b) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of 1,500 feet.
(5) Towers, telecommunication facilities or antennas shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower, telecommunication facilities or antenna subject to this subchapter shall be equipped with dual mode lighting.
(Prior Code, § 56-451)
(G) Security and fences. All self-supporting lattice or guyed towers, telecommunication facilities or antennas shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of the structure.
(Prior Code, § 56-452)
(H) Exterior finish. Towers, telecommunication facilities or antennas not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the City Council as pan of the application approval process. All towers, telecommunication facilities or antennas which must be approved as a conditional use shall be of stealth design unless stealth features are impractical or the cost of the features represents an undue burden on the applicant.
(Prior Code, § 56-453)
(I) Landscaping. All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the city code.
(Prior Code, § 56-454)
(J) Maintenance, repair or modification of existing towers. All towers, telecommunication facilities or antennas constructed or under construction on date of adoption of this chapter may continue in existence as a non-conforming structure and maybe maintained or repaired without complying with any of the requirements of this subchapter. Nonconforming structures or uses may not be enlarged or the degree of non-conformance increased without complying with this subchapter, including applying for and obtaining a conditional use permit. Any modification or reconstruction of a tower constructed or under construction on date of adoption of this chapter shall require compliance with the requirements of this subchapter including applying for and obtaining a conditional use permit. The application shall describe and specify all items which do not comply with diis subchapter and may request, subject to approval by the Mayor and City Council, an exemption from compliance as a condition of the conditional use permit.
(Prior Code, § 56-455)
(K) Inspections. The city reserves the right to conduct an inspection of towers, antenna support structures, telecommunications facilities and antennas upon reasonable notice to the owner or operator to determine compliance with this subchapter and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the Building Code and any other construction standards set forth in the city code, federal and state law or applicable ANSI standards.
(Prior Code, § 56-456)
(L) Maintenance. The towers, antenna support structures, telecommunications facilities and antennas shall, at all times, be kept and maintained in good condition, order and repair so that the same does not constitute to or a danger to the life or property of any person or the public.
(Prior Code, § 56-457)
(M) Abandonment. If any tower, telecommunication facilities or antenna shall cease to be used for a period of 1 year, the Development Department shall notify the owner that the site will be subject to a determination by the Development Department Director or his or her designee that the site has been abandoned. Upon issuance of a notice to show cause by the Development Department Director, the owner shall have 30 days to show by a preponderance of the evidence that the tower, telecommunication facilities or antenna has been in use or under repair during the period of apparent abandonment. In the event the tower owner fails to show that the tower, telecommunication facilities or antenna has been in use or under repair during the relevant period, the Development Department Director or his or her designee shall issue a final determination of abandonment of the site and the owner shall have 75 days thereafter to dismantle and move the tower, telecommunication facilities or antenna. In the event the tower, telecommunication facilities or antenna is not dismantled and removed, the tower, telecommunication facilities or antenna shall be declared a public nuisance by the Development Department Director or his or her designee and a written request shall be directed to the City Attorney to proceed to abate the public nuisance pursuant to the city code, and charge the costs thereof against the real estate on which the tower is located or the owner of record of the real estate.
(Prior Code, § 56-458)
(Ord. 3253, § 12, 9-7-1999; Am. Ord. 3840, § 1, 4-3-2012)