(a) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Commission that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna shall consist of any of the following:
(1) No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements.
(2) Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements
(3) Existing towers or structures do not have sufficient structural strength to support the applicant’s antenna and related equipment.
(4) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing tower or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
(5) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(b) Wireless communication and cellular phone transmission towers are conditionally permitted in industrial zones, subject to the following conditions.
(1) The applicant shall demonstrate a good faith effort to install the antenna on existing structures in the area such as water towers, tall buildings, and antenna structures of other communication companies.
(2) The setback between the base of the support structure and any property line shall be the height of the tower plus ten percent of the tower height. No buildings unrelated to the tower are permitted in this fall zone.
(3) The applicant shall demonstrate that the proposed tower is safe and that the surrounding area will not be negatively affected by support structure, falling ice or other debris.
(4) A fence shall be required around the tower and equipment. The fence shall be at least eight feet in height or such other height as determined by the commission for security purposes. The commission may require wooden slats woven into the security fence for aesthetic purposes.
(5) Two off-street parking spaces shall be required.
(6) To minimize the number of towers in the City the tower shall be designed to accommodate other users including but not limited to police, fire, and emergency services.
(7) If the use of the tower requires licensing by any state or federal agency the applicant shall present evidence that such a license has been obtained.
(8) Any facility that is not operated for a continuous period of twelve months shall be considered abandoned and the owner shall remove the structure within six months of receipt of a notice from the City notifying the owner of such abandonment.
(9) No new wireless communication towers may be constructed within one mile of an existing support tower, unless it can be demonstrated to the satisfaction of the commission that the existing tower is not available for co-location of an additional wireless communication facility.
(10) The tower, facility, structures, and grounds shall be maintained in a neat and orderly manner.
(11) Support towers shall have such lighting as is necessary to satisfy federal aviation administration requirements. Security lighting for the equipment shelter and other on-the-ground ancillary equipment is permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site.
(12) To the extent possible the applicant shall use materials, colors, screening and landscaping that will blend the tower facilities to the natural setting and the built environment.
(c) Required submissions for applications for new towers. If a conditional permit for a new support structure or tower is requested, the following items are required as part of the application.
(1) A statement addressing the items in section (b) above;
(2) A site and landscaping plan drawn to scale;
(3) A description of the tower with documentation establishing its structural integrity for the proposed uses;
(4) A statement concerning excess space, if any, and whether it will be leased;
(5) Proof of ownership of the proposed site or authorization to utilize the site;
(6) Copies of any easements necessary;
(7) An area map identifying any existing wireless telecommunications towers; and
(8) An analysis of the area containing topographical contours, tall buildings, and other factors influencing the tower location.
(d) Construction permit required. No person, firm, partnership, corporation, trust or other legal entity shall construct a wireless communications tower or cellular antenna without a conditional use permit and a building permit.
(Ord. 2001-081. Passed 8-6-01.)