(A) Introduction.
(1) The city has studied the impact of amateur communication antennas and the towers which support them within the city limits.
(2) The city has considered and referred to FCC Rule PRMU-BR concerning amateur radio communications.
(3) The city acknowledges that it is obligated to accommodate reasonable amateur radio communications and that the regulations imposed by the city in relation to antennas and the towers which support such antennas shall create the minimal practical regulations which are necessary to ensure the public health, safety and welfare. The city has determined that the regulations enacted herein are reasonable and necessary in order to maximize both the use of existing structures and in order to reduce the number of antennas needed to serve the community and to minimize the adverse visual effects of antennas through careful siting standards.
(B) Towers supporting amateur radio antennas. In the R-1, R-2 and R-6 Zoning Districts, towers more than 35 feet in height supporting amateur radio antennas and antennas on such towers may be a conditional use subject to the following.
(1) No more than one tower may be constructed on any lot.
(2) The tower (including the antenna) shall not exceed 60 feet in height as measured from ground level. The tower must be constructed within the rear yard setback of the lot in question. The tower may not be constructed in the front or side yard setbacks. The tower may not be constructed on any drainage or utility easement.
(3) Roof mounted antennas may not exceed a height of 15 feet from the point at which the lower of the tower or antenna joins the roof.
(4) No tower or any antenna array on such tower shall have affixed or attached to it in any way any lights, signs, flashers or reflectors, unless required by the Federal Aviation Agency or the Federal Communications Commission.
(5) Every tower affixed to the ground shall be enclosed from ground level to a height of at least six feet above the ground with some type of a mechanism designed to preclude children from climbing on the tower.
(6) Each tower shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. The tower shall comply with all applicable building, electrical, fire code and manufacturing standards.
(7) As a condition precedent to erecting the tower, the person desiring to erect such tower shall provide the city with proof of liability insurance covering personal injury or property damage in the event that such injury or damage is caused by the tower.
(8) By applying for a conditional use permit to construct such a tower, the applicant agrees to indemnify the city and its officers and personnel, against any claim, demand, damages, actions or causes of action and from any fees, costs, disbursements or expenses of defending the same in relation to the tower and any antenna raised thereon.
(9) No tower or antenna in an R-1, R-2 or R-6 Zoning District may be used for commercial wireless communication purposes including cellular telephones, personal communication services, specialized mobilized radios, enhanced specialized mobilized radios, paging and similar services that are sold to businesses and the general public.
(10) As a condition precedent to the issuance of a conditional use permit, the applicant must agree that in the event any resident within 150 feet of the tower and antenna claims that the antenna interferes with the affected resident’s radio or television reception, the applicant, at the applicant’s expense, must retain an engineer licensed in the state experienced in telecommunications interference to conduct an interference study. The interference study must be provided to the city within 60 days of the complaint of interference. If the interference study determines that the applicant’s operations are the source of the interference, the applicant shall take appropriate corrective actions to eliminate the interference. If the interference study determines that the applicant’s operations are not the source of the interference, for purposes of the conditional use permit, the study shall be presumed conclusive, and any further claims of interference by the complaining resident shall be resolved by the Federal Communications Commission.
(Ord. passed 12-17-2014)