(A) New towers. As provided in § 157.931 above, new towers shall be designed to accommodate antenna for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons.
(B) Compatibility. Facilities should be architecturally compatible with the surrounding buildings and land uses in the zoning district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.
(1) Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Unless there are unusual geographical limitations as determined in the city’s sole discretion, in Residential Districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to 300% of tower height as measured from ground level. Towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts.
(2) Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA.
(3) No signals, lights, or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, at the time of construction of the tower in cases where there are residential users located within a distance which is 300% of the height of the tower from the tower, then dual-mode lighting shall be requested from the FAA.
(4) Ground level equipment and buildings, and the tower base, shall be screened from public streets and residentially-zoned properties. The standards for the equipment buildings are as follows:
(a) The maximum floor area is 300 feet and the maximum height is 12 feet;
(b) Ground level buildings shall be screened from adjacent properties by landscape plantings, fencing, or other appropriate means, as specified herein or in the City Code; and
(c) Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted.
1. Equipment buildings, antenna, and related equipment shall occupy no more than 25% of the total roof area of a building.
2. Antenna or equipment buildings not meeting these standards require a special exception. The use must be approved on a comprehensive sketch plan or final development plan, as applicable.
(C) Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subchapter shall bring such towers and antennas into compliance with such revised standards and regulations within three months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owners’ expense.
(D) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the city may remove such tower at the owner’s expense.
(E) Structural design. Towers shall be constructed to the EIA standards, which may be amended from time to time, and all applicable construction/building codes. Further, any improvements and/or additions to existing towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices in effect at the time of said improvement or addition. Said plans shall be submitted to, and reviewed, at the time building permits are requested.
(F) Fencing. A well-constructed masonry or stone wall, or chain link fence, not less than eight feet in height from finished grade shall be provided around each tower. Access to the tower shall be through a locked gate.
(G) Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.
(H) Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe, and the surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(I) Required parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city. Security fencing should be colored or should be of a design which blends into the character of the existing environment.
(J) Antenna criteria. Antenna on, or above, a structure shall be subject to the following.
(1) The antenna must be architecturally compatible with the building and wall on which it is mounted and designed, and located so as to minimize any adverse aesthetic impact.
(2) The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible, and shall not project above the wall on which it is mounted unless, for technical reasons, the antenna needs to project above the roofline. In no event shall an antenna project more than ten feet above the roofline.
(3) The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.
(4) The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure.
(5) If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.
(6) The structure must be architecturally and visually (color, size, and bulk) compatible with surrounding existing buildings, structures, vegetation, and/or uses or those likely to exist under the terms of the underlying zoning. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.
(7) Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by the city, in the city’s sole discretion, taking into consideration the site as built.
(8) On buildings 30 feet or less in height, the antenna may be mounted on the roof if:
(a) The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall;
(b) No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein;
(c) The antenna or antennas and related base stations cover no more than an aggregate total of 25% of the roof area of a building;
(d) Roof-mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building; and
(e) No portion of the antenna may exceed ten feet above the height of the existing building.
(9) If a proposed antenna is located on a building or a lot subject to a site review, approval is required prior to the issuance of a building permit.
(10) No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with this code.
(11) No antenna owner or lessee, or officer or employee thereof, shall fail to cooperate in good faith to accommodate other competitors in their attempts to use the same building for other antennas. If a dispute arises about the feasibility of accommodating another competitor, the Mayor may require a third-party technical study, at the expense of either or both parties, to resolve the dispute.
(12) No antenna owner or lessee shall fail to assure that the antenna complies at all times with the then current applicable American National Standards Institute or FCC standards, whichever is more stringent. After installation, but prior to putting the antenna in service, each antenna owner shall provide a certification by an independent professional engineer to that effect.
(13) No antenna shall cause localized interference with the reception of any other communications signals, including, but not limited to, public safety signals and television and radio broadcast signals.
(14) No person shall locate an antenna or tower upon any lot or parcel, except as provided in this subchapter.
(Prior Code, § 70.16) (Ord. 2-92, passed - -1992; Ord. 15-99, passed 12-1-1999) Penalty, see § 157.999