The following criteria will be consistently applied to all telecommunication providers that request a permit to do business in the City:
1. Allowed In C-1 or M Zoning Districts: Communication towers are permitted in C-1 or M zoning districts.
2. Site Plan and Development Request. A site plan is required for all new communication tower and equipment facility construction, expansion of existing facilities or major modifications of existing facilities. The following must be included as part of the site plan and telecommunication development request:
A. Map showing the location of the applicant’s proposed facility and any existing facilities within three miles of the proposed site.
B. Report from a structural engineer showing the tower antenna’s capacity by type and number and a certification that the tower is designed to withstand winds in accordance with ANS/EIA/TIA 222, latest revision, standards.
C. Evidence that a valid FCC license for the proposed activity has been issued.
D. A written agreement signed by the communication facility owner and property owner to remove the tower and any other equipment within 60 days after abandonment. As used herein, the term “abandonment” means that the communication tower has not been used for its intended and approved purpose for more than 180 days.
E. Establish that the use of and frequencies emitted from the tower and equipment will not interfere with the transmissions of law enforcement, fire, emergency response, public works, or other service agencies.
F. Additional information as required to determine that all applicable zoning and siting regulations are met.
3. Design Standards. Communication towers and equipment must meet the following design standards:
A. Communication towers shall be set back from all property lines and all other principal structures a distance not less than one-half of the tower’s height, unless a tower is adjacent to a commercial or residential district or a City park, in which case the tower will be set back a distance not less than the full tower’s height.
B. Communication towers shall have a maximum height of 45 feet.
C. When possible, towers shall be located atop existing structures (e.g., water tower or co-op grain tower) or disguised as other objects that better blend in with the local environment.
D. Communication towers that are not located atop another structure as recommended in paragraph C of this subsection shall be disguised to reduce the visual impact of typical tower installations. Appearance of the tower must be approved by staff.
E. Lights and signage shall not be permitted on any tower unless specifically required and permitted by the Federal Communications Commission, Federal Aviation Administration or the City.
F. Security fencing, eight feet in height, shall surround the communication towers, equipment facilities, and guy wires.
G. Communication tower equipment facilities and accessory structures shall be designed to be architecturally compatible with the surrounding area.
H. Communication tower facilities mounted to a building wall shall be painted to blend with the color and materials of the surface to which it is attached. All wiring and accessory equipment shall be concealed from view. Communication facilities located above the roof of the structure shall be appropriately screened from view through use of panels, walls, fences or other screening techniques approved by the City.
4. Collocation Agreements; Fees:
A. Providers may be required to collocate and enter into collocation agreements to minimize the overall number of towers within the City.
B. All new communication towers, and any preexisting communication towers, owned by a licensed carrier, upon which this chapter permits collocation of additional communication facilities, shall be made available for use by the owner or initial use thereof, together with as many other licensed carriers as can be technically collocated thereon. However, nothing in this chapter shall prevent licensed carriers from charging a reasonable fee for the collocation of additional communication facilities upon said tower, which does not exceed the fair market value of the space occupied.
C. All licensed carriers shall cooperate with each other in collocating additional communication facilities upon such towers. All licensed carriers shall exercise good faith in collocating with other licensed carriers and in the sharing of towers, including technical information to evaluate the feasibility of collocation. This covenant of good faith and fair dealing shall be a condition of any permit issued pursuant to this chapter for a new communication tower.
5. Compliance With Federal Regulations. Communication towers and equipment shall meet or exceed the current standards and regulations of the Federal Aviation Administration and any other agency of the federal government with the authority to regulate communication towers and equipment.