(a) A tower shall be a conditional use of land in such districts as specified in the City Zoning Ordinance. No person shall build, erect, or construct a tower upon any plot of land in any other district unless a Conditional Use Permit has been issued by the Board of Zoning Appeals. Application shall be made to the Planning Commission in the manner provided in Section 1311.02(d) of the City Zoning Ordinance.
(b) Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet. Towers may be permitted in excess of 150 feet in accordance with the normal Zoning Ordinance variance process, as adopted by the City.
(c) The City may authorize the use of the City property in appropriately zoned districts in accordance with the procedures of the City Charter and Code. The City shall have no obligation whatsoever to use City property for such purposes.
(d) No tower shall be built, constructed, or erected in the City unless such tower is capable of supporting another person’s operating telecommunications facilities comparable in weight, size, and surface area to the applicant’s telecommunications facilities. For purposes of this Section, the “applicant’s facilities” shall mean those installed within six months of completion of tower construction.
(e) An application to develop a tower shall include:
(1) The name, address, and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner, and the name, address, and telephone number of the owner, shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provisions of this article regarding abandonment.
(2) The legal description, assessor’s map and parcel number, and address of the parcel of land upon which the tower is situated.
(3) The names, addresses, and telephone numbers of all tower owners with towers or usable antenna support structures within a one-mile radius of the proposed new tower site, including City-owned property.
(4) Written documentation that the applicant made diligent, but unsuccessful, efforts for permission to install or collocate the applicant’s telecommunications facilities on City-owned towers or usable antenna support structures located within a one-mile radius of the proposed tower site.
(5) Written documentation that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant’s telecommunications facilities on towers or usable antenna support structures owned by other persons located within a one-mile radius of the proposed tower site.
(6) Written, technical evidence from an electrical engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person’s tower or usable antenna support structure located within a one mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant’s wireless communication system.
(7) Written, technical evidence from a structural engineer that the proposed structure meets the standards set forth in this article, including but not limited to the requirements set forth in Section 1325.05.
(8) Written, technical evidence from an electrical engineer that the proposed facilities meet the standards set forth in this article, including but not limited to the requirement set forth in Section 1325.05.
(9) Written, technical evidence from an electrical engineer that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or other hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.
(10) A map of the City and the first half-mile of all bordering communities showing the design of the applicant’s entire existing or proposed wireless telecommunications network. Such map shall, at minimum, indicate the general location of all proposed or existing tower and antenna sites, their dimensions, specifications, and signal area coverage.
(11) Color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.
(12) An application fee that represents the site development plan review fee and the conditional use fee otherwise required. The City reserves the right to employ an outside consultant to review any application. The applicant shall reimburse the City for the reasonable expenses related to such review as an additional application fee.
(13) A site plan, including a description of the lot lines, setbacks, location of adjacent structures, proposed location of the tower, separation distances, proposed tower height, landscaping, screening, access, parking, and security.
(14) An acknowledgment that the applicant currently complies and will continue to comply with all FCC standards, including reporting requirements regarding radio frequency emissions.
(f) All information submitted with an application that is trade secret information or is for other reasons proprietary shall be clearly marked as such when submitted with an application. The City shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, state, or local law.
(Ord. 318. Passed 2-4-08.)