The purposes of this article are:
(1)
To
provide for broadcasting or reception towers or antennas which are
intended for transmitting and receiving television, radio, cellular,
or telephone communications to be situated on nonresidential sites.
(2)
To
establish guidelines for the placement of towers and antennas.
(3)
To
balance the need of providers of telecommunications services to provide
quick, effective service with the safety and welfare of the public
pursuant to state and federal law.
(2001 Code, sec. 153.01)
The regulations set forth in this article govern broadcasting
and communication towers/antennas in all nonresidential districts.
(2001 Code, sec. 153.02)
Any commercial, radio, television, cellular, or microwave towers,
reflectors, antennas, or support structures constructed after October
19, 2000, must be in commercially zoned areas within the city limits.
(2001 Code, sec. 153.03)
Broadcasting and communications towers or antennas may not be
constructed unless the planning and zoning commission has reviewed
and the city council has approved a tower permit (TP) and site plan.
The following procedures shall apply:
(1)
Any person wishing to construct a new broadcasting or communication tower/antenna shall make application to the planning and zoning department for a tower permit (TP). A fee as prescribed in section A5.007 of the fee schedule (appendix A of this code) will be charged for this permit. A detailed site plan shall be submitted with the TP application for each tower/antenna location, and shall contain the following:
(A)
Location of the proposed tower/antenna, including the zoning and
land use of adjacent property.
(B)
All significant structures within one-half mile of the proposed tower/antenna
location. Significant structures, including all publicly or privately
owned buildings (excluding utility poles), and street or traffic light
standards that are over 75 feet in height.
(C)
Propagation for the area as provided for the initial site determination
(if applicable).
(D)
A detailed landscape/screening plan that includes the complete pad
site.
(E)
Name, address, and telephone number of the person or entity responsible
for removal of a tower/antenna in the event of abandonment. Should
any of this information change after a TP has been approved, such
updated information shall be provided to the planning and zoning department
within ten (10) days.
(F)
Copies of FAA application or approval.
(G)
Explanation justifying the requested height of the tower/antenna.
(H)
Written confirmation from owners, or their authorized agents, of
structures identified as significant according to subsection (1)(B)
above that details the reason(s) why the proposed tower/antenna cannot
be co-located on a significant structure or building.
(2)
The
application shall be placed on the agenda for review at the next available
meeting of the planning and zoning commission. Any decision by the
commission to deny a TP shall be in writing and supported by substantial
evidence contained in a written record. The denial of a TP may be
appealed to the city council.
(3)
Upon
appeal, the application for a TP shall be placed on the next regularly
scheduled city council meeting. The city council shall approve or
deny the application for the TP no later than sixty (60) days after
the original filing with the planning and zoning department. If the
application is not denied within said sixty-day period, then the application
shall be deemed to be approved. Any decision by the city council to
deny a TP shall be in writing and supported by substantial evidence
in a written record.
(2001 Code, sec. 153.04)
Broadcasting and communication towers or antennas that are to
be constructed on the sites of previously permitted towers, antennas,
buildings or structures within any zoning district shall not require
a special use permit and may be approved by the planning and zoning
commission subject to the following:
(1)
The
planning and zoning commission shall approve or reject the request
within thirty (30) days after the filing of the request. If the application
is not denied within the thirty-day period, then it shall be deemed
approved.
(2)
Any decision by the planning and zoning commission 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 planning and zoning commission shall also indicate that the applicant may appeal, within ten (10) days, the decision of the planning and zoning commission to the city council. In the event of such an appeal, the provisions of section 3.10.004(3) shall govern.
(2001 Code, sec. 153.05)
(a)
No
commercial radio, television, cellular, or microwave reflector tower/antenna
or support structure shall exceed 50 feet in height. Tower/antenna
height is approved as part of the TP and administrative approval process
under this article.
(b)
Publicly
owned towers/antennas shall not be subject to maximum height requirements.
(c)
No
commercial radio, television, cellular or microwave reflector tower/antenna
or support structure shall be within 500 feet of any like tower.
(2001 Code, sec. 153.06)
For purposes of determining whether the installation of a tower/antenna
complies with development regulations, setback requirements, and other
zoning regulations, the dimensions of the entire lot shall control,
even though the tower/antenna may only be located on portions of such
lots.
(2001 Code, sec. 153.07)
(a)
Towers/antennas
and required accessory buildings located within commercial and industrial
districts shall comply with the building setbacks for the specific
zoning district.
(b)
A
minimum setback equal to the height of the tower/antenna shall be
required from any residential zoning district line.
(2001 Code, sec. 153.08)
Any tower or antenna lawfully existing on October 19, 2000,
may continue to exist under the standards in effect at the time that
the tower/antenna was originally permitted. However, any changes or
alterations to such previously permitted tower/antenna shall be subject
to this article.
(2001 Code, sec. 153.09)
All towers/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/antennas.
(2001 Code, sec. 153.10)
Any tower/antenna that has not been in operation for a continuous
period of twelve (12) months shall be considered abandoned, and the
owner or person in control shall remove the same within ninety (90)
days after receipt of written notice from the city at such owner’s
expense. If there is more than one user of a single tower/antenna,
then this section shall not apply until all users cease using the
tower/antenna.
(2001 Code, sec. 153.11)
All publicly owned antennas or communication structures shall
be permitted in any district, provided that a license, lease, or other
form of approval has been obtained from the city.
(2001 Code, sec. 153.12)
(a)
Scope.
The purpose of this section is to provide for
installation of satellite dish antennas designed and used for reception
of television or other electronic communications broadcast or relayed
from an earth satellite.
(b)
Required conditions.
(1)
Administrative approval of a site plan by the building official.
(2)
It may be a solid, open mesh, or bar configured structure, typically
eight (8) to twelve (12) feet in diameter, in the shape of a shallow
dish or parabola.
(3)
A satellite dish antenna may be located in a residentially zoned
district if it complies with the following conditions:
(A)
The dish is ground-mounted.
(B)
The dish is not located in a front yard, or in the front yard or
exterior side yard of a corner lot, or in the front yard or exterior
rear yard of a through lot.
(C)
The dish complies with the setback requirements for accessory structures
for the district in which it is located. For this purpose, satellite
dishes that are attached to a structure shall be considered a part
of the structure; satellite dishes that are freestanding shall be
considered an accessory building.
(D)
The dish does not exceed twelve (12) feet in height above the existing
grade.
(E)
Only one satellite dish antenna shall be permitted per lot.
(F)
Satellite dish antennas with a diameter measuring less than one meter
(3.28 feet) may be installed in a manner consistent with typical television
antennas.
(G)
Satellite dish antennas in residentially zoned districts shall be
used only for private, noncommercial purposes.
(4)
All satellite dish antennas in any zoning district constructed and
erected prior to October 19, 2000, which do not conform to this section,
shall be accepted as nonconforming antennas and shall be subject to
this article.
(2001 Code, sec. 153.13)
