(A) Permits.
(1) It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, replace, or make major repairs on any tower without first making application for a building permit and securing a permit therefor as hereinafter provided. In emergency situations, the tower owner may make repairs on the condition it seeks a permit within 48 hours of commencing the repairs.
(2) The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.
(3) Permits are not required for:
(a) Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor;
(b) Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that all requirements are met. Temporary antennas shall be removed within 72 hours following installation or the ending of the emergency.
(B) Fee. The fee to be paid is that prescribed under building permit fees.
(C) Construction requirements. All antennas and towers erected, constructed, or within the city, and all wiring therefor, shall comply with the following requirements:
(1) All applicable provisions of this code;
(2) Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association;
(3) With the exception of necessary electric and telephone service and connection line approved by the Issuing Authority, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line;
(4) Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code;
(5) All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least 8 feet above the ground at all points, unless buried underground;
(6) Every tower affixed to the ground in a non-residential zone shall be protected by a perimeter fence of a minimum 6 foot height to discourage climbing of the tower by unauthorized persons;
(7) All towers shall be constructed to conform with the requirements of the most current applicable E.I.A. tower standard;
(8) Antennas and towers shall not be erected in any R-1, R-2, and R-M zoning districts in violation of the following restrictions:
(a) The height of any tower and antenna shall be equal to less than 5 feet of the length of the distance from the base of the antenna and tower to the nearest overhead power line which serves more than 1 dwelling or place of business;
(b) Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances;
(9) All towers erected within the city must conform to the applicable performance standards in Chapter 150 of this Code.
(D) Existing antennas and towers. Antennas and towers in residential districts and in existence as of February 8, 2001, which do not conform to or comply with this subchapter are subject to the following provisions.
(1) Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.
(2) If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be 10% or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this section.
(F) Lights and other attachments. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.
(G) Number of towers and antennas. Only one tower shall exist at any one time on any one residential parcel as defined in the City Zoning Code.
(H) Inspections. All towers may be inspected at least once each year by a city official to determine compliance with original construction standards. The cost of the inspection shall be the responsibility of the property owner or tower owner if the property is leased. Deviation from original construction for which a permit is obtained constitutes a violation of this section. Notice of violations will be sent by registered mail to the owner and he or she will have 30 days from the date the notification is issued to make repairs, unless a public safety emergency exists under Chapter 95. The owner will notify the City Clerk that the repairs have been made, and as soon as possible, another inspection will be made and the owner notified of the results. At the city's request, the tower owner shall provide on an annual basis proof of compliance with federal R.F radiation emissions standards. If the owner does not promptly provide such proof with annual testing in accordance with federal R.F. radiation emission standards, the city may retain a qualified testing engineer, the cost of which shall be borne by the tower owner to assure compliance herewith.
(I) Violations. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.
(J) Interpretation. It is not the intention of this section to interfere with, abrogate, or annul any covenant or other agreement between parties; provided, however, where this section imposes a greater restriction upon the use or premises for antennas or towers than are imposed or required by other ordinances, rules, regulations, or permits, or by covenants or agreements, the provisions of this section shall govern.
(Ord. 2002-10-04, passed 10-8-2002)