The regulations set forth, when referred to in this chapter, govern broadcasting and communication towers and antennas in all non-residential districts.
(Ordinance 460 adopted 2/26/02)
Any commercial, radio, television, cellular or microwave towers, reflectors, antennas, or support structures constructed after the effective date of this chapter are prohibited in residential and agricultural districts.
(Ordinance 460 adopted 2/26/02)
Broadcasting and communications towers or antennas may not be constructed unless the Planning and Zoning Commission has reviewed, and City Council has approved, a special use permit (SUP) and site plan. The following procedure shall apply.
(A) 
Any person wishing to construct a new broadcasting or communications tower or antenna shall make application to the Office of Community Development for a special use permit. A detailed site plan shall be submitted with the SUP application for each tower or antenna location, and shall contain the following:
(1) 
Location of proposed tower or antenna, including the zoning and land use of adjacent property;
(2) 
All significant structures within 1/2 mile of the proposed tower or antenna location. Significant structures include all publicly or privately owned buildings or structures (excluding utility poles) or street or traffic light standards that are over 75 feet in height. This information will be used to determine where co-location sites exist in lieu of the construction of new towers or antennas;
(3) 
Propagations for the area as provided for the initial site determination (if applicable);
(4) 
Photo or architectural simulation of the proposed tower or antenna development site from adjacent properties and rights-of-way;
(5) 
A detailed landscape/screening plan to include the complete pad site;
(6) 
Name, address and telephone number of the person or entity responsible for the removal of a tower or antenna in the event of abandonment. Should any of this information change after the SUP has been approved, the updated information shall be provided to the Office of Community Development within 10 days;
(7) 
Copies of FAA and FCC, as may be applicable, application or approval;
(8) 
Explanation justifying the requested height of the tower or antenna; and
(9) 
Written confirmation from owners or authorized agents or structures identified as significant according to division (A)(2) above that details the reason(s) why the proposed tower or antenna cannot be co-located on a significant structure or building.
(B) 
The application shall be placed on the next available meeting of the Planning and Zoning Commission for review. Any decision by the Commission to recommend denial of a special use permit for a tower or antenna shall be in writing and supported by substantial evidence contained in a written record. The recommendation for denial of a SUP may be appealed to the City Council.
(C) 
Upon appeal, the application for a SUP for a tower or antenna shall be placed on the next scheduled City Council meeting designated for hearing zoning matters. The City Council shall approve or deny the application for the SUP for a tower or antenna no later than 60 days after the original filing with the Office of Community Development. If the application is not denied within the 60 day period, then the application shall be deemed to be approved. Any decision by the City Council to deny a special use permit for a tower or antenna shall be in writing and supported by substantial evidence in a written record.
(Ordinance 460 adopted 2/26/02)
Broadcasting and communication towers or antennas, which are to be constructed on previously permitted towers, antennas, buildings or structures within any zoning district, shall not require a special use permit and may be approved by the Office of Community Development subject to the following:
(A) 
The Office of Community Development shall approve or reject the request within 30 days after the filing of the request with the Office of Community Development. If the application is not denied within the 30 day period, then it shall be deemed approved.
(B) 
Any decision by the Office of Community Development to deny a request for a change or alteration to a previously permitted tower, antenna, building or structure shall be in writing and supported by substantial evidence contained in a written record. The written decision of denial by the Office of Community Development shall also indicate that the applicant may appeal within 10 days the decision of the Office of Community Development to the Planning and Zoning Commission and the City Council. In the event of such an appeal, sec. 113.03(B) and (C) shall govern.
(Ordinance 460 adopted 2/26/02)
No commercial radio, television, cellular or microwave reflector tower or antenna or support structure shall exceed 195 feet in height. Tower or antenna height is approved as part of the SUP or administrative approval process under this chapter.
(Ordinance 460 adopted 2/26/02)
For purposes of determining whether the installation of a tower or antenna complies with district development regulations, setback requirements and other zoning regulations, the dimensions of the entire lot shall control, even though the towers or antennas may be located on portions of the lots.
(Ordinance 460 adopted 2/26/02)
(A) 
Towers, antennas and required accessory buildings located within commercial and industrial zoned districts shall comply with the building setbacks for the specific zoning district.
(B) 
A minimum setback for towers or antennas and required accessory buildings equal to height of the tower or antenna shall be required from any residential zoning district line.
(C) 
The area immediately adjacent to the tower structure and within the ownership and control of the applicant shall be designed, constructed and maintained to be minimally invasive to the surrounding community and shall have an appearance and landscape design that provides a presentation consistent with the surrounding area.
(Ordinance 460 adopted 2/26/02)
Any tower or antenna lawfully existing on the effective date of this chapter may continue to exist under the standards existing at the time that the tower or antenna was originally permitted.
However, any changes or alterations to the previously permitted towers and antennas shall be subject to this chapter.
(Ordinance 460 adopted 2/26/02)
All towers and antennas must meet current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other federal agency having authority to govern towers and antennas.
(Ordinance 460 adopted 2/26/02)
Any tower or antenna that has not been in operation for a continuous period of 12 months shall be considered abandoned and the owner or person in control shall remove the same within 90 days after receipt of written notice from the city. If the tower or antenna is not removed within 90 days, the city may remove the tower or antenna at the owner’s expense. If there is more than one user of a single tower or antenna, then this section shall not apply until all users cease using the tower or antenna.
(Ordinance 460 adopted 2/26/02)
All publicly owned antennas or communications structures shall be permitted in any district, provided that a license, lease or other form of approval has been obtained from the city.
(Ordinance 460 adopted 2/26/02)