(a) No person shall construct or install a communication tower over 35 feet above grade in the city without first obtaining a special permit for the same from the City Planning Commission.
(b) The City Planning Commission shall approve, disapprove or approve with conditions a special permit for a communication tower over 35 feet in height based on a site plan to be submitted by the applicant as prescribed by the Commission. In making its decision, while upholding the purpose of this chapter, the Commission shall consider that the proposed tower and attendant installation be:
(1) Sited so that all reasonable alternatives for tower placement have been clearly and convincingly demonstrated so that the installation will minimize the visual intrusion of the tower;
(2) Shared with users to minimize the proliferation of towers within the city, including the presentation of evidence demonstrating that consideration was given to co-locating the communication devices and related equipment on nearby pre-existing towers and that the co-location was rejected due to one of the following reasons:
A. Adequate space was not available on any nearby tower;
B. No nearby tower could be structurally reinforced to accept the co-location at a reasonable cost;
C. Interference with existing signal devices was unacceptable and could not be shielded at a reasonable cost;
D. Good faith negotiations with the owner(s) of existing towers could not produce a satisfactory agreement; or
E. Any other justifiable reason acceptable to the City Planning Commission.
(3) Detailed in a site plan to include complete structure locations and setbacks; and
(4) Located to minimize the visual impact at base elevation of the proposed structure by a comprehensive landscape plan.
(c) Plans submitted for proposed towers shall conform to the following development standards:
(1) Minimum setback from all property lines to the tower and all accessory buildings shall be a distance equal to the height of the tower. "Setback" shall be defined as the distance from the property line to the nearest portion of the structure(s).
(2) Underground wiring to the site shall be required.
(3) Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation.
(4) Obsolete or unused facilities shall be removed within 12 months of ceasing operation.
(5) Plans shall provide for a six-foot high obscuring fence around the structure and located as close to the structure as possible while still allowing adequate room for maintenance, temporary vehicle parking and the like.
(d) Applicants shall notify all adjoining landowners of a proposed communication tower installation and of any hearings before the City Planning Commission prior to obtaining a special permit from the City Planning Commission.
(e) The following are exempt from the special provisions of this section:
(1) Amateur radio installations operating in accordance with Federal Communications Commission Rules and Regulations, 47 C.F.R. Part 97.
(2) Telephone poles which are part of a communication distribution system for telephone wires.
(f) A nonrefundable fee of $150 shall be paid to the City Planning Commission for review of each application for a special permit for a communication tower. A building and electrical permit must be applied for prior to erecting a tower. The fee for the building and electrical permits shall be in addition to the City Planning Commission fee.
(Ord. 28-96, passed 8-5-1996)