All wireless telecommunication facilities erected, placed, rebuilt,
enlarged, extended, altered, replaced, or relocated within the city
shall comply with the requirements of this article.
(Ordinance 917-20 adopted 3/9/20)
Wireless telecommunication facilities are important and necessary
infrastructure. When properly regulated, wireless telecommunication
facilities can serve as a great economic asset. In enacting this article,
it is the intent of the city to promote the sound development of wireless
telecommunication facilities and to comprehensively address community
aesthetic concerns about visual clutter and visual blight in the environment.
The regulation of wireless telecommunication facilities in the city
is intended to promote an aesthetically pleasing environment with
these concerns in mind. Wireless telecommunication facilities shall
be consistent with land use patterns, and shall be well maintained
and, in addition, shall not create safety hazards.
(Ordinance 917-20 adopted 3/9/20)
(a)
Application contents.
To make application for a wireless
telecommunications facility the following is required:
(1)
Completed development application for site plan review and application
fee submitted to the community development department.
(2)
A drawing and any supporting documents that identifies:
(3)
Visual impact analysis; presented by one of two methods, photographs
or drawings. In either case, four views or elevations shall be submitted
looking toward the site (typically, north, south, east, and west)
including the site and the surrounding properties measured from the
center point of the tower out to a distance equal to three times the
height of the proposed tower. This drawing will depict a “skyline”
view showing the entire height of the proposed tower and the surrounding
structures, trees, or any other objects contributing to the skyline
profile. The applicant shall draw the proposed tower directly on the
photographs in black ink.
(4)
Proof of compliance with FCC regulations and a copy of the applicant’s
FCC license, or, if the applicant is not an FCC license holder, a
copy of at least one letter of commitment from an FCC license holder
to locate at least one antenna on the applicant’s tower.
(5)
Notification of an impending environmental assessment required by
the National Environmental Protection Agency (NEPA) and a copy when
the assessment is completed (if applicable).
(6)
A letter addressed to the city declaring an intent and willingness
to build out a proposed tower to allow co-location space for at least
two other service providers.
(7)
Site plan, per site plan development requirements. Any information
of an engineering nature that the applicant submits, whether civil,
mechanical, or electrical shall be certified by a licensed professional
engineer.
(b)
Complete application.
Upon receipt of a complete application
for a wireless telecommunications facility, the development officer
will process the application and review the site plan and other information
provided with the application. Upon approval, the site plan will be
forwarded to the planning and zoning commission for consideration.
(Ordinance 917-20 adopted 3/9/20)
The site development requirements for wireless telecommunications
facilities include the normal standards for any other type of development
according to the city local building codes and Code of Ordinances
as well as some additional standards as follows:
(1)
Additional setbacks and separation requirements.
Wireless
telecommunications facilities are required to comply with the standard
setbacks for each zoning district and shall comply with the landscaping
and screening requirements of this section. Some additional setbacks
or separation shall be required depending on the type of wireless
telecommunications facility and the potential location of that facility:
(A)
To protect and promote the health and safety of the public, towers
shall be placed away from any residential structure or residential
zone boundary at a distance equal to or greater than the height of
the tower being installed.
(B)
To protect city thoroughfares and gateways, a wireless telecommunications
facility shall be placed at least 600 feet from the centerline of
such designated areas.
(C)
To protect the architectural beauty and significance of zoning districts,
towers shall be placed at or behind the imaginary front line of the
largest structure on site (largest in gross floor area).
(2)
Security fencing.
Towers shall be enclosed by security
fencing not less than six feet (6') in height and shall also be equipped
with an appropriate anti-climbing device.
(3)
Special aesthetic and lighting standards.
(A)
New transmission towers shall maintain a galvanized steel finish
or be painted in accordance with any applicable standards of the FAA.
(B)
The design of the related buildings and equipment shall, to the extent
possible and as allowed by law, use materials, colors, textures, screening,
and landscaping that will blend the facility to the natural setting
and built environment.
(C)
If an antenna is installed on a support structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(D)
Wireless telecommunications facilities shall not be artificially
lighted with the exception of motion detectors as security lighting,
unless required by the FAA or other applicable authority. If lighting
is required, the city may review the available lighting alternatives
and approve the design that would cause the least disturbance to the
surrounding properties.
(4)
Landscaping and screening requirements.
The following
requirements shall govern the landscaping and screening for a transmission
tower or any parabolic antenna larger than two meters:
(A)
Tower compounds shall be landscaped with a buffer of plant materials
that effectively screens the base of the wireless telecommunications
facility site from view of the public right-of-way. The standard buffer
shall consist of a landscaped strip at least four feet (4') wide outside
the perimeter of the compound. A screening fence may be used in part
to screen a wireless telecommunications facility but must be in addition
to the required landscaping.
(B)
Certain parabolic dishes attached to the ground shall be screened
from view of the public right-of way by a combination of siting at
or behind the imaginary front line of the largest structure on site
(largest in gross floor area) and a landscaped strip at least four
feet (4') wide between the dish and right-of-way.
(C)
Existing mature tree growth and natural landforms on the site shall
be preserved to the maximum extent possible. In some cases, where
towers are sited on large, wooded parcels, natural growth around the
site perimeter may be a sufficient buffer. Whether natural growth
is sufficient shall be determined by the city at its sole discretion.
(D)
It is the responsibility of the wireless telecommunications facility
owner to maintain any required landscaping.
(E)
Landscaping shall be completed prior to receiving building occupancy.
Exceptions for weather delays to landscape completion may be considered.
(F)
Street trees shall be a minimum four inch (4") caliper at initial
planting. Street trees at maturity shall have a minimum branch height
of eight feet (8'). All other newly planted deciduous trees on the
project site shall be a minimum of three inch (3") caliper and coniferous
trees shall be a minimum height of twelve feet (12').
(5)
Parking and access.
All proposed transmission towers
shall provide a point of access from right-of-way which is in conformance
with city driveway standards. No off-street parking is required.
(Ordinance 917-20 adopted 3/9/20)
(a)
Appeals
or variances from this article shall be heard by the city council.
(b)
Appeals
to the city council may be taken by any person aggrieved, or by any
officer, department, or board of the city affected by any decision
of the city manager or his designee relative to the enforcement of
this article. Such appeal shall be taken within fifteen (15) days’
time after the decision has been rendered by the city manager or his
designee, by filing with the city manager or his designee a notice
of appeal specifying the grounds thereof, and upon payment of a fee
in an amount determined by the city council. The city manager or his
designee shall provide to the city council all papers constituting
the record upon which the action appealed from was taken.
(c)
An
appeal shall be heard at a public meeting and any interested party
may appear before the city council in person, by agent, or by attorney.
The burden of proof shall be on the applicant to establish the necessary
facts to warrant favorable action of the city council on the matter.
(d)
The
city council, upon an affirmative vote of a majority of the city council,
may reverse or affirm, wholly or in part, or may modify the order,
requirements, decision or determination appealed from and make such
order, requirement, decision or determination that in the city council’s
opinion should be made. The city council shall have the power to impose
reasonable conditions in order to assure compliance with the provisions
of this article and protect adjacent property.
(Ordinance 917-20 adopted 3/9/20)
A wireless telecommunications facility and any related equipment
that has been abandoned shall be removed within six months (6) of
abandonment unless the facility is re-activated.
(Ordinance 917-20 adopted 3/9/20)
