(A) Generally. Unless it is a permitted use in accordance with § 90.18, a tower or WTF shall be permitted only if a conditional use permit has been issued for that use by the City Council. The following provisions shall govern the issuance of conditional use permits for towers or WTFs by the City Council.
(1) Applications for conditional use permits under this section shall be subject to the procedures and requirements of Chapter 154, except as modified in this section.
(2) In granting a conditional use permit, the City Council may impose conditions to the extent necessary to minimize any adverse effect of the proposed tower or WTF on adjoining properties.
(3) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(4) An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the City Council to reimburse the city for the costs of reviewing the application.
(B) Towers. In addition to any information required for applications for conditional use permits pursuant to Chapter 154, applicants for a conditional use permit for a tower shall submit the following information:
(1) 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, 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 city staff to be necessary to assess compliance with this section;
(2) The legal description of the property on which the proposed tower is to be constructed;
(3) The setback distance between the proposed tower and the nearest residential property;
(4) The separation distance from other towers and, if known, the type of construction of the existing tower(s) and the identity of the owner(s)/operator(s) of the existing tower(s);
(5) A landscape plan showing specific landscape materials;
(6) Method of fencing, and finished color and, if applicable, the method of camouflage;
(7) A statement of compliance with all applicable federal, state, or local laws;
(8) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users;
(9) A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of a tower or new structure to provide the services to be provided through the use of the proposed new tower; and
(10) A description of the feasible location(s) of future towers or WTFs within the city based upon existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.
(C) Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit, applications pursuant to Chapter 154, the City Council shall consider the following factors in determining whether to issue a conditional use permit, no one of which shall be conclusive, although the City Council may waive or reduce the burden on the applicant of one or more of these criteria if city staff or City Council concludes that the goals of this subchapter are better served thereby:
(1) Height of the proposed tower;
(2) Proximity of the tower to residential structures and residential district boundaries;
(3) Nature of uses on adjacent and nearby properties;
(4) Surrounding topography;
(5) Surrounding tree coverage and foliage;
(6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7) Proposed ingress and egress; and
(8) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures.
(D) Existing facilities. No new tower shall be permitted unless the applicant demonstrates, to the reasonable satisfaction of the City Council, that there is no existing tower, structure, or alternative technology not requiring a tower or structure that can accommodate the applicant’s proposed WTF or tower. An applicant shall submit information requested by the City Council 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 WTF may consist of any of the following.
(1) No existing tower or structure is located within the geographic area that meet the applicant’s engineering requirements.
(2) Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.
(3) Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed WTF and related equipment.
(4) The applicant’s proposed WTF would cause electromagnetic interference with one or more WTFs on existing towers or structures, or a WTF on the existing towers or structures would cause interference with the applicant’s proposed WTF.
(5) 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.
(6) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7) 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.
(E) Separation. All towers for which a conditional use permit is required shall be separated by a minimum of 750 feet between the proposed tower and any pre-existing tower; provided, however, that the City Council, after considering any recommendations of city staff, may reduce the standard separation requirements if the purposes of this chapter would be better served thereby. The separation distance 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.
(Prior Code, § 90.06)