(A) Purpose. The provisions contained in §§ are intended to regulate antennas, towers and antenna and tower accessory structures. It is the policy of the city to allow only as many antennas and towers within the city as are reasonably necessary to provide reasonable access to communication services. To the maximum extent possible, antennas and towers shall be co-located or attached to existing structures, including specifically but not exclusively municipal water towers, in order to minimize the number of antenna and tower sites within the city.
(B) Regulations.
(1) Anyone wishing to erect an antenna or tower shall file an application, along with a non-refundable application fee, in the form and amount established by the city. The application shall be submitted to the Planning Commission and City Council for review.
(2) The following regulations shall apply to antennas and towers in addition to any other requirements of the Waverly Zoning Ordinance. In the event of a conflict between these regulations and other requirements of the Waverly Zoning Ordinance, the more restrictive provision shall apply.
(a) Antennas and towers shall be permitted in the R-A and I-1 districts only.
(b) Antennas and towers shall not be located within two miles of another antenna or tower unless placed on or co-located on existing structures.
(c) Antennas and towers shall not be located within 500 feet of a residential district.
(d) The front yard setback for antennas and towers shall be the height of the antenna or tower, or the setback established for the zoning district in which the antenna or tower is located, whichever is greater.
(e) The side yard setback for antennas and towers shall be the height of the antenna or tower, or the setback established for the zoning district in which the antenna or tower is located, whichever is greater.
(f) The rear yard setback for antenna and towers shall be the height if the antenna or tower, or the setback established for the zoning district in which the antenna or tower is located, whichever is greater.
(g) Antennas and towers shall be of single pole construction only, and no lattice work structures, no oil derrick style structures, and no structures with guy wires shall be used or constructed.
(h) Antennas and towers shall be designed and located to be visually unobtrusive, shall be appropriately screened, shall not be multi-colored, and shall contain no signage (including specifically but not exclusively logos), unless required by state ad federal regulations.
(i) Antennas and towers shall be enclosed by climber-resistant fencing.
(j) Antennas and towers that are illuminated shall be constructed so that the light does not shine onto any residence, residential district, or roadway, unless required by state and federal regulations.
(k) The structural integrity of antennas and towers shall be approved in writing by a licensed engineer.
(l) The owner, tenant, or operator of an antenna or tower and the owner of the land on which the antenna or tower is located shall maintain the grounds in good repair and in a neat and sanitary condition. All grass shall be mowed, weeds cut and removed, and other debris and rubbish stored in appropriate containers for prompt transport to sanitary landfills.
(m) Antennas and towers shall be constructed so that no less than two additional antennas may be attached to the first structures erected. Applicants seeking to construct antennas and towers shall bear the burden of establishing that their facilities cannot reasonably be located on existing antennas and towers previously approved by the city or on other existing structures such as municipal water towers.
(n) Obsolete or unused antennas and towers shall be removed within six months after operations cease. In the case of multiple operators sharing a single location, this provision shall not apply until all users cease operations for six months. After facilities are removed, the site shall be restored to its original, or improved, condition.
(D) An antenna or tower that violates the Waverly Zoning Ordinance or endangers the public health, safety, or welfare of the citizens of the city, is hereby declared to be a nuisance. The city, upon reasonable notice to the owner, tenant, or operator of the antenna or tower, or to the owner of the land on which the antenna or tower is located, may require the abatement of the antenna or tower. If an antenna or tower poses an immediate threat to public health, safety, or welfare, the city may require immediate abatement. The city may also take direct action to abate such nuisances and may specifically and may specially assess the costs of the abatement to the property.
(Ord. 02-01, passed 2-12-02)