Communications towers, where permitted, are subject to the following additional requirements:
1. Towers, Commercial Communications, Transmission and Other Similar Towers. Tower structures including monopole, lattice or other structures designed or intended to support wires, transmission or receiving antennas, lights or other electronics, microwave, radio, television, line of sight relay devices or similar technology. In all locations, towers shall be subject to airport zoning regulations.
2. Structure Standards.
A. General. A tower may be constructed if it meets the general site requirements as herein established, is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, or radio frequency interference.
B. Setback. A tower structure shall be no closer to any public right-of-way or other property line than the distance equivalent to the height of the structure, including accessories or antenna mounted atop the structures. Said distance shall be measured from the street right-of-way line and from all property lines of the proposed site to the center of the structure's base. A tower structure less than the minimum setback distance specified above may be permitted provided the tower is designed to be a breakaway tower where the breakaway point would not exceed the setback limitation. All proposals will be required to include engineer-certified collapse range specifications.
C. Access. All tower structures shall be protected from unauthorized access by a security screen or fence no less than six feet (6') high except where it can be demonstrated that climbing of the tower cannot be reasonably accomplished by the general public.
D. Painting. Tower structures shall be painted in such a manner as to reduce the visual impact and create a harmonious appearance with its surroundings through the use of neutral colors or colors that blend in with the adjacent building colors. (Ord. 642 - May 04 Supp.)
3. Public Property. Antennas or towers located on public property owned and controlled by the City are exempt from the requirement to obtain a special use permit under this chapter, provided all other site location criteria stipulated herein have been met and authorization for said antenna or tower has been granted by the City Council.
4. Amateur Radio, Private Or Other Noncommercial Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under seventy-five feet (75') in height and is owned and operated by a Federally licensed amateur radio station operator or is exclusively for receive-only antennas.
5. Pre-Existing Towers and Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Zoning Ordinance shall not be required to meet the requirements of this chapter, other than the requirements of the FAA and FCC unless the communication towers, antennas and mechanical appurtenances are replaced or upgraded. Any such towers or antennas shall be referred to in this chapter as “pre-existing towers” or “pre-existing antennas.”
6. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna or tower may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of nonconforming use or structure.
7. Removal Of Abandoned Antennas And Towers. Any tower or antenna that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If said antenna or tower is not removed within said ninety days, the City may remove such antenna or tower at the owner’s expense. If there are two (2) or more users or a single tower, then this provision shall not become effective until all users cease using the tower.
8. Application to Locate or Update Communication And Transmission Towers.
A. Purpose. The purpose of this section is to limit the height of structures allowed within the City and to protect the general health, safety, welfare, privacy and property value of the citizens of the City.
B. Application Process. All applicants who wish to locate or update a communications antenna or tower on City-owned or private property must submit to the City Engineer a completed application accompanied by a fee per Chapter 171 of this Code of Ordinances and the following documents, if applicable:
(1) Two (2) copies of typical specifications for proposed structures and antennas, including description of design characteristics and material.
(2) A site plan drawn to scale with a legal description showing property lines, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan and existing land uses on adjacent properties.
(3) A current map or update for an existing map on file showing locations of applicant’s antennas, facilities, existing towers which are reflected in public records, serving any property within the City.
(4) A report form a structural engineer showing the tower and antenna capacity by type and number, and a certification that the tower and antenna are designed to withstand winds in accordance with ANS/EIA/TIA 222, latest revision, standards.
(5) Identification of the owners of all antennas and equipment to be located on the site.
(6) Written authorization from the site owner for the application.
(7) Evidence that a valid FCC license for the proposed activity has been issued.
(8) A written agreement to remove the tower and/or antenna within ninety (90) days after cessation of use.
C. Conditions. Applicant must also show evidence that all of the following conditions which are applicable are met.
(1) Prior to consideration of a permit for location on private property which must be acquired, applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use are unsuitable for operation of the facility under applicable communications and regulations and applicant’s technical design requirements.
(2) Applicant must provide the names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a one-half (1/2) mile radius of the proposed new tower site, including City-owned property, and must also provide: (i) written documentation that the applicant made diligent but unsuccessful efforts for a minimum of forty (40) days prior to the submission of the application to install or co-locate the applicant’s telecommunications facilities on towers or useable antenna support structures owned by the City and other persons located within a one-half (1/2) mile radius of the proposed tower site, or (ii) written technical evidence from an engineer that the proposed tower or facilities cannot be installed or co-located on another person’s tower or support structure within a one-half (1/2) mile radius of the proposed tower and must be located at the proposed site in order to meet the coverage requirements of the applicant’s communications system.
(3) Applicants must show that a new tower is designed to accommodate additional antennas equal in number to applicant’s present and future requirements.
(4) Applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.
(5) Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the City Engineer a written indemnification of the City and proof of liability insurance or financial ability to respond to claims up to one million dollars ($1,000,000.00) in the aggregate which may arise from operation of the facility during its life, at no cost to the City, in form approved by the City Attorney.
(6) Land use regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations, except setback and height, shall apply to the use. Setback on all sides shall be a distance equal to the height of the tower. The following height and location conditions apply:
a. Industrial (M1). Freestanding or guyed tower with height not exceeding seventy-five feet (75') is a permitted principal use; height exceeding 75' requires a special use permit from the Board of Adjustment.
b. Other (A1 and M2). Freestanding or guyed towers are a permitted principal use. The height is restricted by the FAA and FCC requirements.
c. Gateway Corridor Restrictions. No communications tower shall be permitted to be located within 600 feet of any right of way line of Vermeer Road, Washington Street, Clark Street, Main Street or Oskaloosa Street except for freestanding monopole towers not exceeding seventy five (75) feet as allowed in the A1, M1, M2 and CC Zoning Districts.
(Ord. 642 - May 04 Supp.)
d. Commercial (CC). Freestanding monopole towers with a height not exceeding seventy-five (75) feet are permitted in the CC District subject to approval by the City Council after review and recommendation by the Planning and Zoning Commission.
(Ord. 653 - Oct 04 Supp.)
(7) Bond for Tower Removal. A bond shall be submitted to the City to cover the estimated cost of removing the tower in the event of abandonment by the owner. The amount of this bond shall be the estimated cost of removing the tower as determined by a registered engineer plus a 10% additional contingency cost factor. A building permit shall not be issued for any tower until this bond for tower removal has been submitted and is approved by the City Engineer and City Attorney. The owner of the tower shall provide a revised engineer’s cost estimate and bond for tower removal every five (5) years.