(A) Permit required. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for a use that is listed as a conditional use in a zoning district upon finding that such conditional use is in accordance with the purpose and intent of this Code and will not be hazardous, harmful, offensive or otherwise detrimental to the public health, safety or welfare and that property values will be maintained.
(B) Application. Applications for conditional use permits shall be made to the Zoning Administrator and Board on forms provided by the Administrator for such purpose. Applications for a communication tower shall be include all of the information required by division (E) below.
(C) Public hearing required. A public hearing shall be held, and notice of the public hearing shall be provided in accordance with the requirements of the Code of Iowa for a conditional use permit or change in zoning, whichever provides the greatest notice. The applicant shall provide a list of all surrounding property owners in the manner required for a rezoning, and the Zoning Administrator shall use such list to notify such property owners of the application and public hearing.
(D) Findings and conditions of approval.
(1) No conditional use shall be granted by the Board of Adjustment unless the Board shall finds the appeal to be compliant with all of the following, and to any specific requirements of this Code as set forth for certain conditional uses.
(a) The establishment, maintenance or operation of the conditional use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(b) The conditional use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood.
(c) The establishment of the conditional use shall not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(d) Adequate sewer, water, streets, storm drainage and other public or private common infrastructure, and public services are or will be provided.
(e) The proposed conditional use shall not unduly burden the public infrastructure or services.
(f) Adequate measures shall be taken to control street access, and to provide increased capacity or traffic control measures, to minimize traffic congestion on the public streets.
(g) The conditional use shall, in all respects, conform to the applicable regulations of the zoning district in which it is located.
(h) The proposed use shall be consistent with the Comprehensive Plan.
(2) The Board may require whatever conditions, requirements or limitations that it finds to be are necessary to fulfill the purpose and intent of this Code in granting a conditional use permit, including but not limited to access controls, traffic-control devices and turn lanes or other street capacity improvements, buffer yards, sidewalks and other pedestrian or bicycle facilities, provisions for public transit, landscaping, architectural design, type of construction for fire resistance or other necessity, dates for commencing and completing construction, lighting, fencing, hours of operation or other controls, deed restrictions, increased setbacks or parking, height restrictions requirements and provision of surety.
(E) Additional filing requirements for a communication tower. In addition to the customary filing requirements for a conditional use, the following shall be submitted with any and all conditional use permit applications for a communication tower:
(1) A list of the property owners, and their mailing addresses, of all properties within 300 feet of the property where the tower is proposed to be located but not more than 1,300 feet from the tower site, which shall be the notice area for the conditional use application. Preparation of the list shall conform to the procedures required for a rezoning;
(2) Site plan, prepared by a qualified professional such as a civil engineer, architect, landscape architect or urban designer;
(3) A report and certification from a qualified licensed engineer for the tower’s structural design, how it is designed to accommodate antennas; perform in the event of structural failure; and appropriate safety precautions such as a collapse zone;
(4) A report from a qualified certified engineer which describes the intended function of the antennas to be located on the tower; capacity of the tower both initially and at full use, if different, expressed in the number and type of antennas that can be accommodated by the tower and the maximum capacity of each antenna in terms of channel elements or similar measures as may be appropriate to the technology; technically feasible alternatives; and any other information necessary to determine that the installation is essential to the provision of service, and that the tower is the minimum size necessary;
(5) A study comparing all potential host sites within an approximate one-half mile radius of the subject site. Potential sites shall include existing buildings and towers in excess of 40 feet in height; properties where towers are currently permitted by-right or by conditional use permit; and signs or light standards for which a tower might reasonably be substituted. The Director of Community Development or the Board of Adjustment may require the review of additional sites pending review of the initial study. The study shall include a description of the surrounding sites, a discussion of the ability or inability of the site/tower to host a communications facility and the reasons why the site/tower was excluded from consideration. The applicant must demonstrate to the city’s satisfaction that an alternative site or tower is not available due to one or more of the following reasons:
(a) Unwillingness of the owner to entertain a communications facility proposal;
(b) Topographic limitations of the site;
(c) Adjacent impediments that would obstruct adequate communication tower transmission;
(d) Physical site constraints that would preclude the construction of a communication tower;
(e) Technical limitations of the system, specifically set forth by a qualified engineer;
(f) The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned uses for those facilities;
(g) The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
(h) Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
(i) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and/or
(j) That an existing tower cannot feasibly be replaced with a new tower which can accommodate co-location.
(6) A representative photo simulation of the proposed facility from affected residential properties and public rights-of-way, as coordinated with the staff of the Department of Community Development. The simulation shall avoid the use of perspective or other photographic techniques, such as the inclusion of tall objects in the foreground, that distort the perceived size and impact of the facility;
(7) An explanation of the need for the facility to maintain the integrity of the system. A map showing the service area of the proposed tower and of existing towers, with the proposed service area distinguished from the existing service area, shall be made available to the staff and the Board of Adjustment;
(8) A signed statement from the applicant indicating their good faith intent to share space on the tower with other providers; and
(9) A copy of a memorandum of lease between the applicant and the landowner containing the following provisions, or an affidavit signed by the applicant and landowner attesting that the lease contains these provisions:
(a) The landowner and the applicant shall have the ability to enter into leases with other carriers for co-location; and
(b) The landowner shall be responsible for the removal of the communications tower or facility in the event the lessee fails to remove it upon abandonment.