(A) General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Commission:
(2) Applications for conditional use permit under this section shall be subject to the procedures and requirements of § 153.216, except as modified in this section.
(3) In granting a conditional use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(5) An applicant for a conditional use permit shall submit the information described in this section, and a non-refundable fee as established by resolution of the City Council, to reimburse the city for the costs of reviewing the application.
(B) Towers.
(1) Information required. In addition to any information required for applications for conditional use permits pursuant to § 153.216, applicants for a conditional use permit for a tower shall submit the following information:
(a) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), general plan designation of the site and all properties within the applicable separation distances set forth in division (B)(5) of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other structures, topography, parking, and other information deemed by the Community Development Director to be necessary to assess compliance with this chapter.
(b) Legal description of the parent tract and leased parcel (if applicable).
(c) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and non-subdivided residentially zoned properties.
(d) The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 153.338(C) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e) A landscape plan showing specific landscape materials.
(f) Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(g) A description of compliance with § 153.338(C) through (G), (J), (L) and (M), § 153.341(B)(4) and (B)(5), and all applicable federal, state or local laws.
(h) A notarized statement by the applicant as to whether construction of the tower will accommodate colocation of additional antennas for future users.
(i) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(j) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k) A description of the feasible location(s) of future towers or antennas within the city and its sphere of influence based upon existing physical, engineering, technological or geographical limitations, in the event the proposed tower is erected.
(2) Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 153.216, Use Permits, the Planning Commission shall consider the following factors in determining whether to issue a special use permit, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this subchapter are better served thereby:
(a) Height of the proposed tower;
(b) Proximity of the tower to residential structures and residential district boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography;
(e) Surrounding tree coverage and foliage;
(f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) Proposed ingress and egress; and
(h) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 153.341(B)(3).
(3) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d) The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures, or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/ receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(a) Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
(b) Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(5) Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the goals of this subchapter would be better served thereby:
(a) Separation from off-site uses/designated areas.
1. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
2. Separation requirements for towers shall comply with the minimum standards established in Table 1.
Off-site Use/Designated Area | Separation |
Single family or duplex residential units
1 | 200 feet or 300% height of tower, whichever is greater |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower,
2
whichever is greater |
Vacant non-subdivided residentially zoned lands
3 | 100 feet or 100% height of tower, whichever is greater |
Existing multi-family residential units greater than duplex units | 100 feet or 100% height of tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
Notes: 1: Includes modular homes and mobile homes used for living purposes.
2: Separation measured from base of tower to closest building setback line.
3: Includes any undivided residential use properties without a valid preliminary subdivision plan or valid development plan approval, and any multi-family residentially zoned land greater than duplex.
(b) Separation distances between towers.
1. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Note: * Lattice towers are strongly discouraged.
(6) Security fencing. Towers shall be enclosed by security fencing, type to be approved by the Community Development Director, not less than six feet in height, and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Commission may waive such requirements as it deems appropriate.
(7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this subchapter would be better served thereby.
(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(Ord. 99-07, passed 6-28-99) Penalty, see § 10.99