§ 160.402  PRINCIPAL USES.
   The following uses shall be a principal use when a building or premises is the primary or predominant use of any lot:
   (a)   Permitted. A building or premises shall be permitted to be used for the following purposes as a UT2 form:
      (1)   Water tower.
   (b)   Permitted special. The following principal uses include the same additional restrictions for all listed uses below. A conditional use with standards within §§ 160.605 et seq. (Conditional Use Permit) shall be obtained when the standards for a permitted special use cannot be obtained.
      (1)   Telecommunications tower.
         A.   Intent of regulations. Regulations regarding development of telecommunications towers and wireless communications facilities are intended to encourage the development of a competitive wireless communications marketplace while protecting the health, safety, and welfare of the public and maintaining the aesthetic integrity of the community. The regulations cover the placement, construction, and modification of telecommunications towers and wireless communications facilities. The specific intent of this section is:
            1.   To regulate the location of telecommunications towers and wireless communications facilities in the city.
            2.   To protect residential areas and land uses from potential adverse impact of telecommunications towers and wireless communications facilities.
            3.   To minimize adverse visual impact of telecommunications towers and wireless communications facilities through careful design, siting, landscaping, and innovative camouflaging techniques.
            4.   To promote and encourage shared use/colocation of telecommunications towers and wireless communications facilities.
            5.   To avoid potential damage to property caused by telecommunications towers and wireless communications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound.
            6.   To ensure that telecommunications towers and wireless communications facilities are compatible with surrounding land uses.
            7.   To facilitate the provision of wireless communications services to the residents and the businesses of the city in an orderly fashion.
            8.   To promote the location of telecommunications towers in nonresidential areas.
         B.   Colocation as a first alternative.
         C.    Telecommunication towers shall not be within a 600' radius of any other tower.
         D.   Stealth design is required.
         E.    The clear distance should only block one-half of a streets width.
         F.    When adjacent to residential or a non-arterial street, the tower's base station [definition] shall be screened with a 6' opaque fence plus 50 landscaping units to act as the buffer yard.
         G.   Application required. The following item must be satisfactorily addressed in a formal application to obtain a building permit at any given location in any zoning district in the city:
            1.   Compliance with all applicable building codes, Federal Aviation Administration Regulations, FCC Section 6409 (hereafter "Section 6409") of the Spectrum Act and §§ 160.419, 160.420, and 160.421 (Airport Approach Zones).
         H.   Location/setbacks.
            1.    The minimum distance from the telecommunication tower base to the nearest existing residential structure or residential building setback line is not less than the proposed height of the telecommunication tower or 150', whichever is greater.
            2.   Excluding the parcels' structure itself, the minimum distance from the telecommunication tower base to the nearest existing structure or building setback line is not less than half the proposed height of the telecommunication tower or 75', whichever is greater. 
            3.   Where a telecommunications tower is required to meet Federal Aviation Administration paint and/or lighting regulations, the distance between the telecommunications tower and any residential zoning district or use, or any recreation/conservation, design review overlay, or historic district, shall not be less than one-half mile.
         I.    Design character.
            1.     Telecommunications towers and antenna support structure design shall use materials, colors, textures, screening, and landscaping that is not in direct conflict with the natural setting or surrounding structures.
            2.    Telecommunications towers shall be protected from corrosion or rusting, and if painted, be a neutral color, unless otherwise required by the Federal Aviation Administration.
            3.   Stealth. Telecommunications towers in historic or design review overlay districts, or in any nonresidential district where located within 300' of a residential zoning district or use, shall be monopole design.
         J.   Illumination. Telecommunications towers shall not be artificially lighted except as required by the Federal Aviation Administration.
         K.   Maintenance.
            1.   All telecommunications towers, antenna support structures, and wireless communications facilities shall be maintained in good condition, order, and repair so that they shall not endanger the life or property of any person.
            2.   Telecommunications towers, antenna support structures, and wireless communications facilities shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard EIA/TIA 222 (latest revision), all applicable laws, and so as not to interfere with the use of other property. Upon the city's determination that a tower structure may be a hazard to public safety, the city may require the owner to perform an inspection by a registered professional engineer and make all recommended corrections.
            3.   All maintenance or construction on telecommunications towers, antenna support structures, and wireless communications facilities shall be performed by persons employed by or under contract to the owner.
            4.    If an owner discontinues use of a telecommunications tower, or if an owner files notice with the Federal Communications Commission of its intent to cease operating the tower, the owner shall give written notice to the director of planning and building services of the date of such discontinuance.
         L.   Abandonment.
            1.    If the city receives notice of discontinuance of use, or if any telecommunications tower is not used for 365 consecutive days, the city may notify the owner that the city intends to determine that the site has been abandoned. If, within 30 days of receipt of notice, the owner fails to show that the tower has been in use or under repair during the period, the city may determine that the site has been abandoned.
            2.   Within 75 days of notice of such determination of abandonment, the owner shall remove the tower from the site. If an owner fails to do so, the city may remove the tower and recover the cost from the owner.
   (c)   Conditional uses. A building or premises may be used for the following purposes as a UT2 form if the conditional use permit for such use has been obtained in conformance with the below standards and requirements of §§ 160.605 et seq. (Conditional Use):
      (1)    Broadcast tower.
         A.   Colocation as a first alternative.
         B.   Stealth design is required.
         C.   Fall-down clear distance shall be at least as tall as the tower.
         D.   The fall-down distance should only block one-half of a street.
         E.   When adjacent to residential or a nonarterial street, the tower base shall be screened.
         F.   Only allowed beyond 1,000 feet of a residential area.
      (2)   Wind energy conversion system.
         A.   Stealth design is required.
         B.   Fall-down clear distance shall be at least as tall as the tower.
         C.   The fall-down distance should only block one-half of a street.
         D.   When adjacent to residential or a nonarterial street, the tower base shall be screened.
         E.   Only allowed beyond 1,000 feet of a residential area.
         F.   Limited use. No WECS installed in accordance with the requirements of this chapter shall generate power as a commercial enterprise as defined by the public utilities commission.
         G.   Setback requirements. The minimum distance between the property line, overhead utility lines or another wind turbine, and any tower support base of a WECS shall be equal to the proposed tower height (plus the radius of the rotor for the horizontal axis machines).
         H.   Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the planning commission for their approval.
         I.   Tower access: Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal, or by limiting tower climbing apparatus so there is access to it no lower than 12 feet from the ground.
         J.   Electromagnetic interference. If a WECS is installed in any location along or within the major access of an existing microwave communications link, the person desiring to install the WECS shall be required to provide a letter from the business whose link they are within or adjacent to stating that the business whose link is affected would have no objection to the installation of the WECS.
         K.   Air space. A WECS shall be located or installed in compliance with the guidelines of the federal aviation regulations with regard to §§ 160.419, 160.420, and 160.421 (airport approach zones) and clearance around VOR stations.
         L.   Noise limits. A WECS operation shall not produce noise in excess of the limits established by Title 9 of the City Code of Ordinances.
         M.   Interconnect. The WECS, if interconnected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company.
(Ord. 9-13, passed 3-19-2013; Ord. 79-14, passed 10-14-2014; Ord. 89-15, passed 9-1-2015)