The purpose of this article is to:
(1) 
Establish regulations for the siting of towers and antennas;
(2) 
Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;
(3) 
Encourage the joint use of new and existing tower sites;
(4) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(5) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and
(6) 
Enhance the ability of the providers of telecommunications services to provide services to the community quickly, effectively, and efficiently.
(1998 Code, sec. 122-1; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-1)
When used in this article, the following words and phrases have the meaning ascribed to them in this section, unless the context indicates a different meaning:
Alternative tower structure
means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Antenna
means any exterior apparatus designed for telephonic, radio or television communications through the sending or receiving or electromagnetic waves.
FAA
means the Federal Aviation Administration.
FCC
means the Federal Communications Commission.
Height,
when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna.
Preexisting towers and antennas
has the meaning provided in section 9.04.003(b)(3).
Tower
means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term “tower” includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and similar structures.
(1998 Code, sec. 122-2; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-2)
(a) 
Generally.
The requirements of this article govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for the zoning district in which the tower or antenna is to be located.
(b) 
Exemptions.
Except for the requirements of section 9.04.010(g) and (h), this article does not apply to:
(1) 
Antennas or towers located on property owned, leased or otherwise controlled by the city, provided a license or lease authorizing the antenna or tower has been approved by the city council;
(2) 
A tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas; or
(3) 
A tower or antenna for which a permit has been properly issued prior to the effective date of this article, which is referred to in this article as a “preexisting tower” or “preexisting antenna.”
(1998 Code, sec. 122-3; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-3; Ordinance adopting 2021 Code)
Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on the lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, including but not limited to setback requirements, lot coverage requirements and other similar requirements, the dimensions of the entire lot control, even though the antenna or tower may be located on a leased parcel within the lot. Towers that are constructed and antennas that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.
(1998 Code, sec. 122-4; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-4)
The following antennas are permitted with a building permit:
(1) 
Installation of an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is 50 feet in height or greater, so long as the additional antenna adds no more than 20 feet to the height of the existing structure; and
(2) 
Installation of an antenna on an existing tower of any height if:
(A) 
The addition of the antenna adds no more than 20 feet to the height of the existing tower;
(B) 
The existing tower is not a preexisting tower; and
(C) 
No buildings or supporting equipment will be added in connection with the antenna.
(1998 Code, sec. 122-5; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-5)
(a) 
A conditional use permit is required for:
(1) 
A tower; and
(2) 
An antenna if the antenna is not permitted under section 9.04.005.
(b) 
In granting a conditional use permit, the city council may impose conditions to the extent the city council concludes that conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.
(1998 Code, sec. 122-6; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-6)
The process for obtaining a conditional use permit is the same as the process for obtaining a change in zoning classification under this Code of Ordinances.
(1998 Code, sec. 122-7; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-7)
(a) 
Each applicant requesting a conditional use permit under this article shall submit:
(1) 
A scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent users;
(2) 
An inventory of the applicant’s existing towers that are either within the city or within one-quarter mile of the boundary of the city, including specific information about the location, height and design of each tower. (The city may share this information with other applicants for administrative approvals or conditional use permits under this article or other organizations seeking to locate antennas within the city; provided, however, that the city is not, by sharing such information, in any way representing or warranting that the sites are available or suitable); and
(3) 
Other information determined by the city council to be necessary to assess compliance with this article.
(b) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(1998 Code, sec. 122-8; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-8)
(a) 
The city council shall consider the following factors in determining whether to issue a conditional use permit:
(1) 
Height of the proposed tower;
(2) 
Capability of the tower to structurally accommodate the number of shared users proposed by the applicant as certified by a licensed professional engineer;
(3) 
Proximity of the tower to residential structures and residential district boundaries. In this regard telecommunication providers should strive to locate antennas and towers on properties with LR, GB, LI, AND HI zoning classifications;
(4) 
Nature of uses on adjacent and nearby properties;
(5) 
Surrounding topography;
(6) 
Surrounding tree coverage and foliage;
(7) 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(8) 
Proposed ingress and egress. In this regard, fire and emergency access shall be provided to connect the antenna and/or tower location to the nearest public street. Said access must be approved by the fire marshal prior to construction;
(9) 
Availability of suitable existing towers and other structures as discussed in section 9.04.008(a);
(10) 
Insurance coverage. In this regard, a minimum of $1,000,000.00 in liability coverage is required; and
(11) 
Compliance with this article and other applicable ordinances of the city.
(b) 
The city council may waive or reduce the burden on the applicant of one or more of these criteria if the city council concludes that the purposes of this article are better served thereby.
(1998 Code, sec. 122-9; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-9)
(a) 
Availability of suitable existing towers or other structures.
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city council that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
(1) 
No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements.
(2) 
Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.
(3) 
Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.
(4) 
The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause electromagnetic interference with the applicant’s proposed antenna.
(5) 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(6) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(b) 
Setbacks and separation.
The following setbacks and separation requirements shall apply to all towers:
(1) 
Towers must be set back a distance equal to the height of the tower from any off-site residential structure.
(2) 
Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.
(3) 
Towers over 90 feet in height shall not be located within one-quarter of a mile from any existing tower that is over 90 feet in height. Distances shall be measured in a straight line between the nearest points on the bases of the towers.
The city council may reduce the setback and separation requirements if the purposes of this article would be better served thereby.
(c) 
Height restrictions.
A tower must meet the following height and usage criteria:
(1) 
For a single user, a tower may be no higher than 90 feet in height;
(2) 
For two users, a tower may be no higher than 120 feet in height; and
(3) 
For three or more users, a tower may be no higher than 150 feet in height.
(d) 
Security fencing.
Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.
(e) 
Landscaping.
The following requirements shall govern the landscaping surrounding towers:
(1) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(3) 
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
(f) 
Visual characteristics.
(1) 
Towers shall be maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
(2) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, be maintained with materials, color, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
(3) 
If an antenna is installed on a 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.
(4) 
Towers shall not be artificially lighted, 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 views.
(g) 
Federal requirements.
All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If applicable federal standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring the towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(h) 
Building codes; safety standards.
To ensure the structural integrity of towers, the owner of a tower shall construct and maintain the tower in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Telecommunications Industry Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with these codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. If the owner fails to bring the tower into compliance within 30 days, the city may remove the tower at the owner’s expense.
(1998 Code, sec. 122-10; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-10)
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the antenna or tower shall remove it within 90 days of receipt of notice from the city notifying the owner of the abandonment. If the antenna or tower is not removed within the 90 days, the city may remove the antenna or tower at the owner’s expense. If there are two or more users of a single tower, then this article shall not become effective until all users cease using the tower.
(1998 Code, sec. 122-11; Ordinance 980094, sec. 1, adopted 7/21/98; 2013 Code, sec. 54-11)