(a) 
The purpose of this article is to establish guidelines regulating the location of telecommunication towers and antennas with the objective of minimizing their number, to protect and promote public safety, and to mitigate any adverse visual impacts on the community while promoting the provision of telecommunications service to the public.
(b) 
The regulations contained in this article have been developed under the following general guidelines as provided in the federal Telecommunications Act of 1996:
(1) 
Cities have local authority over the “placement, construction and modification” of cellular telephone facilities and other personal wireless telecommunication service facilities.
(2) 
Regulations “shall not unreasonably discriminate among providers of functionally equivalent services.”
(3) 
Regulations “shall not prohibit or have the effect of prohibiting the provision of personal wireless services.”
(4) 
“Denial shall be in writing and supported by substantial evidence.”
(5) 
Cities may not “regulate the placement, construction and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission regulations concerning such emissions.”
(c) 
Notwithstanding any other provision of this article, telecommunications towers and antennas, when permitted by federal law and the laws of the state, shall be regulated and governed by the following use regulations and requirements.
(Ordinance 267-06-2014, sec. 1, adopted 6/2/14)
All applications for rezoning or a conditional use permit (CUP) for a telecommunications tower, antenna, or other facility to provide a telecommunications service shall include a completed supplemental information form provided by the town regarding said facilities.
(Ordinance 267-06-2014, sec. 2(A), adopted 6/2/14)
Telecommunications facilities, including towers and related equipment buildings, shall be located on a platted lot, or a tract, in excess of ten acres.
(Ordinance 267-06-2014, sec. 2(B), adopted 6/2/14)
When a rezoning or CUP is required to comply with the provisions of this article, and when the technical information provided by the applicant is beyond the technical capacity of town staff to review, the applicant, in addition to the usual application fee, shall reimburse the town for the actual cost to the town for the services of a technical expert to review the application and/or information supplement, to a maximum of $5000.00.
(Ordinance 267-06-2014, sec. 2(C), adopted 6/2/14)
Prior to leasing or purchasing facilities, the telecommunications service provider is encouraged to meet with the mayor or his/her designee to determine if the location will require a conditional use permit or other approvals, and to review the merits of potential locations.
(Ordinance 267-06-2014, sec. 2(D), adopted 6/2/14)
The town reserves the right to provide final determination on “‘original siting” applications by the end of 150 calendar days, and by the end of 90 calendar days for “co-location” applications. The town will exercise its best efforts to request additional information needed within the first 30 calendar days, activated by the date the applications (both “original siting” and “co-location” applications) are received by the town. This does not preclude the town from requesting additional information outside of the original 30 days of active application. If the request for additional information is made by the town within the first 30 days of application, the timelines above would not begin to count down until the applicant has complied with the request, thus completing the application.
(Ordinance 267-06-2014, sec. 6, adopted 6/2/14)
Any entity that desires to erect or utilize telecommunication facilities that wishes to present evidence that such entity would be limited by the current ordinances or regulations of the town dealing with zoning and land use may apply for such use under this section. The town council shall, upon a showing that strict application of the regulations would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law, modify the subject regulations, consistent with the spirit and intent of this article and section, to the extent necessary to prevent the prohibition.
(Ordinance 267-06-2014, sec. 7, adopted 6/2/14)
All buildings or structures which are structurally unsafe or which constitute a hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified by any effective and relevant statute or ordinance, are hereby declared to be public nuisances and shall be abated by repair, demolition or removal.
(Ordinance 267-06-2014, sec. 8, adopted 6/2/14)
The remedies provided for in this article are not exclusive of any other remedies that the town may have under state or federal law or other town ordinances. The town may take any, all or any combination of these actions against a violator. The town is empowered to take more than one enforcement action against any violation. These actions may be taken concurrently.
(Ordinance 267-06-2014, sec. 9, adopted 6/2/14)
Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction may be punished by a fine not to exceed five hundred dollars ($500.00), plus court costs.
(Ordinance 267-06-2014, sec. 12, adopted 6/2/14)
(a) 
Applicable federal and state standards.
All telecommunications towers and antennas shall be erected and operated in compliance with current Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) rules and regulations and other applicable federal, state, and local standards.
(b) 
Structural standards.
Telecommunications tower structures must conform to the most current revision of EIA 222 standards.
(c) 
Co-location.
Towers shall be designed and built to accommodate a minimum of two cellular or PCS providers, if over 50 feet (15.239 meters) in height. The owner of the tower must certify to the town that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis.
(d) 
Security fencing and building materials.
Security fencing, if installed, shall be by a wrought iron fence with evergreen hedge, or a masonry wall, each not less than 6 feet (1.8 meters) in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings.
(e) 
Setbacks; maximum height.
All telecommunication towers shall be located within the buildable area of the lot and not within the front, rear, or side yard building setbacks. New telecommunication towers shall not exceed a height of 100 feet.
(f) 
Signage.
Except as otherwise permitted in this article, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches (1290 square cm) shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable law.
(g) 
Lighting.
Except as otherwise permitted in this article, no signals, lights or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA or other appropriate public authority.
(Ordinance 267-06-2014, sec. 3, adopted 6/2/14)
Freestanding monopole telecommunications towers 75 feet (23 meters) or less in height, or antennas mounted to water towers owned by the Lake Cities Municipal Water District (LCMUA), are permitted on water district owned property.
(Ordinance 267-06-2014, sec. 4(A), adopted 6/2/14)
Any new telecommunications tower in excess of 100 feet (30.48 meters) in height must be located a minimum of 1 mile (1.6 km) from any existing tower in excess of 100 feet (30.48 meters) in height.
(Ordinance 267-06-2014, sec. 4(C), adopted 6/2/14)
(a) 
All new alternative mounting structures located in the residential zoning districts are permitted only with a conditional use permit (CUP).
(b) 
Alternative mounting structures must be similar in color, scale and character to adjoining buildings or structures or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment.
(Ordinance 267-06-2014, sec. 4(D), adopted 6/2/14)
(a) 
The owners of any private airport shall be notified by the owner or developer of any proposed construction of a tower or telecommunication support if it is:
(1) 
Over 200 feet (60 meters) in height above the ground level;
(2) 
Of a greater height than an imaginary surface extending outward at a slope of 100 to 1 for a horizontal distance of 20,000 feet (6 kilometers) from the nearest point of the nearest runway.
(b) 
The height of a tower shall not exceed the obstruction standards of any federal law, including but not limited to the Code of Federal Regulations, part 77, as applied to the airstrip in the Hidden Valley subdivision, as it may be amended.
(Ordinance 267-06-2014, sec. 4(E), adopted 6/2/14)
All towers which are required by this article to obtain a conditional use permit are to be constructed [sic] may also, in the discretion of the council, be required to be constructed in a manner that conceals their identity as a cellphone tower installation. This may include construction to resemble a tree, a grain elevator, a smokestack, or other “stealth” tower configuration.
(Ordinance 267-06-2014, sec. 4(F), adopted 6/2/14)
The purpose of this section is to promote public safety and maintain order and harmony within the town’s residential districts by restricting the size and location of telecommunication antennas. The objective is to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorists on public thoroughfares, and insure the integrity of supporting structures.
(1) 
Whip and panel antenna mounting standards.
(A) 
Telecommunications antennas, including mounting structures, are allowed on existing electric utility poles, light standards, and telecommunication towers in excess of 40 feet (12 meters) in height, provided that the total length of any antenna does not exceed 15 percent of the height of the existing structure. The height of a telecommunications tower is determined by the highest point of any and all components of the structure, including antennas.
(B) 
Telecommunications antennas and arrays are allowed by right on existing electric high power transmission towers of metal construction which, prior to the installation of the antenna and arrays, exceed a height of 50 feet.
(C) 
Existing conforming building element structures (excluding towers) in excess of 50 feet (15 meters) in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces.
(2) 
Dish antenna mounting standards.
(A) 
Dish antennas shall not be permitted in any front setback area or side yard setback adjacent to any roadway.
(B) 
Ground-mounted dish antennas in excess of five feet (1.5 meters) in height shall be screened from roadways and adjacent property by a minimum 6 foot (1.8 meter) high screening fence, evergreen hedge, or masonry wall.
(C) 
Dish antennas in excess of 10 feet (3 meters) in height, in any position, and/or more than 3 meters in diameter, shall not be more than 10 feet (3 meters) above grade and shall not be permitted in any residential zoning district.
(D) 
Building/roof mounted dish antennas in excess of one (1) meter in diameter, in residential zoning districts, shall be painted to have an appearance that blends with the building on which they are located or be located so that they are not visible from any adjacent roadway.
(3) 
Structural certification.
Prior to the installation of any building/roof mounted telecommunications antenna, antenna array or support structure, the town engineer may require an engineer’s certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment.
(Ordinance 267-06-2014, sec. 5, adopted 6/2/14)