(a) 
The regulations set forth in this article shall apply to wireless transmission facilities as hereinafter defined.
(b) 
The purpose of these regulations is to minimize the potential negative impact caused by wireless transmission facilities upon surrounding or adjacent property by the application of reasonable technical and development standards to the installation and placement of wireless transmission facilities.
(1987 Code, sec. 5-271)
The following words, terms, and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Mature system.
An existing wireless transmission facility.
Tower.
The base of any wireless transmission facility, including, but not limited to, a self-supporting tower and/or monopole, together with any antennas or other appurtenances.
User.
Any wireless telecommunications carrier utilizing wireless transmission facilities for the purpose of production or transmission.
Wireless transmission facilities.
Buildings, cabinets, structures and facilities, including generating and switching stations, repeaters, antennas, transmitters, receivers, towers and all other buildings and structures relating to low-power mobile voice transmission, data transmission, video transmission, and radio transmission, or wireless transmission, accomplished by linking a wireless network of radio wave transmitting devices (including but not limited to wire, cable, fiber optics, laser, microwave, radio, satellite, portable phones, pagers, mobile phones, or similar facilities) to the conventional ground-wired communications system (including but not limited to telephone lines, video, and/or microwave transmission) through a series of short-range contiguous cells that are part of an evolving cell grid.
(1987 Code, sec. 5-272)
(a) 
No property within the corporate limits of the city may be used for the siting and construction of wireless transmission facilities thereon unless the owner or authorized agent of the owner of said property shall have first obtained a wireless transmission facilities permit for such use from the building inspector. The wireless transmission facilities permit shall be in addition to all other permits otherwise required by this code.
(b) 
Only property zoned commercial, industrial or residential, or property lying and situated in a commercial, industrial or residential district, or property upon which an existing power transmission line tower is located and into which a wireless transmission facility can be incorporated, may be used for the siting and construction thereon of wireless transmission facilities; provided, however, that property zoned residential or lying and situated within a residential district must contain at least three (3) acres; and provided further that all other requirements of this article have been met.
(1987 Code, sec. 5-273)
(a) 
The owner or authorized agent of the owner of property zoned commercial, industrial or residential, or property lying and situated in a commercial, industrial or residential district, may apply for a wireless transmission facilities permit for the siting and construction thereon of wireless transmission facilities from the city building inspector.
(b) 
No wireless transmission facilities permit shall be issued for nor shall construction of a wireless transmission facility be initiated without the prior review and approval of the building inspector of a sketch plan as part of the application for a wireless transmission facilities permit. The building inspector shall review the sketch plan for compliance with this article within ten (10) working days after the receipt of the sketch plan. If a sketch plan meets all the requirements of this article, the building inspector shall so notify the applicant and the city council in writing. The applicant may thereafter submit its final plan to the board of adjustment through the building inspector. If a sketch plan does not meet all the requirements of this article, the building inspector shall notify the applicant in writing of the deficiencies of the sketch plan so that the applicant may correct it and resubmit the plan. Any resubmitted plan will be subject to the same review timetables as if an originally submitted sketch plan.
(c) 
No wireless transmission facilities permit shall be issued for nor shall construction of a wireless transmission facility be initiated without the prior review and approval of the board of adjustment and the city council of a final plan submitted to the building inspector by the owner or his authorized agent as part of the application for a wireless transmission facilities permit. The board of adjustment shall review the final plan for compliance with this article within ten (10) working days after receipt of a final plan and shall approve it if it meets all such requirements. Upon such approval, the building inspector shall notify the city council of such approval in writing and shall, within five (5) working days after approval by the board of adjustment, forward the final plan to the city council. The city council shall review the final plan for compliance with this article within thirty (30) days after the receipt of the final plan. If a final plan meets all the requirements of this article, the city council shall approve the final plan. The city manager shall notify the applicant in writing of the approval of the final plan and shall further notify the building inspector of such approval. The building inspector shall, within five (5) working days of receipt of such approval, issue the wireless transmission permit. If, at any point in the process of reviewing the final plan, it is determined that the plan does not comply with the requirements of this article, the building inspector shall so notify the applicant of such deficiencies of the final plan so that the applicant may correct same and resubmit the plan. Any resubmitted plan will be subject to the same review timetables as if an originally submitted final plan.
(d) 
Wireless transmission facilities shall be subject to and must comply with the technical and developmental standards of this article, to the minimum standards in the zoning district in which the wireless transmission facility is located, and to such additional conditions that the board of adjustment may require in order to preserve and protect the character of the district in which the proposed use is located.
(1987 Code, sec. 5-274)
(a) 
The application for a wireless transmission permit shall include a sketch plan and a final plan.
(b) 
A sketch plan for the development of a wireless transmission facility shall be submitted by an owner or his authorized agent to the building inspector for his review and approval. The sketch plan shall describe the use and general development concept for the entire tract, shall comply with all of the applicable technical and development standards contained in this article and shall contain the following:
(1) 
Be drawn to a scale of one (1) inch equals one hundred (100) feet; and
(2) 
Include the following:
(A) 
Existing and proposed roads and drainage;
(B) 
General landscape areas and planting screens;
(C) 
Curb cuts and drives;
(D) 
Building setback lines;
(E) 
A vicinity map which shows the relation of the proposed development to the city; and
(F) 
The names of the owners of all adjoining lots or tracts; and
(3) 
Show the relation of the proposed development to:
(A) 
The existing street system;
(B) 
The immediate and surrounding use districts;
(C) 
Adjacent tracts; and
(D) 
Zoning of adjacent tracts.
(c) 
After review of the sketch plan, but prior to the issuance of any wireless transmission facilities permit or a building permit and prior to commencement of construction, the applicant shall have approval of the board of adjustment and city council of a final plan covering the entire tract or that portion proposed for development. The final plan shall comply with all of the applicable technical and development standards contained in this article and shall include the following:
(1) 
Be drawn to a scale of one (1) inch equals one hundred (100) feet;
(2) 
Include the following:
(A) 
Existing and proposed roads and drainage;
(B) 
Landscaped buffer areas and planting screens;
(C) 
Curb cuts, drives and parking areas;
(D) 
The total square footage of the parking areas provided;
(E) 
Building lines and the location of all structures;
(F) 
The total square footage of building or structure provided;
(G) 
The zoning of adjacent tracts;
(H) 
The names of the owners of all adjoining lots or tracts;
(I) 
A vicinity map which shows the location of the proposed development within the city; and
(3) 
Contain a certification by a licensed civil engineer that the boundaries have been surveyed and are true and correct and that all encroachments, easements and rights-of-way are shown.
(1987 Code, sec. 5-275)
The annual fee for a wireless transmission facilities permit is established by the city council.
(1987 Code, sec. 5-276)
A site plan approval by the city council shall be valid for a period not to exceed six (6) months. If substantial construction on the wireless transmission facility has not begun within six (6) months of the city council’s approval, the approval shall expire and the applicant shall be required to resubmit plans to the board of adjustment for approval based on the latest technical and development standards.
(1987 Code, sec. 5-277)
(a) 
Technical standards.
A wireless transmission facility shall be subject to the following technical standards:
(1) 
Setbacks.
The minimum distance from the base of the tower to any right-of-way and adjoining property line shall be equivalent to or greater than the height of the tower plus ten (10) feet. No buildings or structures, except for associated appurtenances, shall be located within the setback area, thereby providing a clear fall zone for the tower to any right-of-way and adjoining property line. The setbacks for all associated appurtenances, including buildings, cabinets, structures and facilities, shall correspond with the minimum setbacks established by this section and of the zoning district in which the use is proposed.
(2) 
Radio frequency emissions standards.
The applicant’s engineer shall provide documentation that the proposed wireless transmission facility meets or exceeds the standards of the American National Standards Institute (ANSI) for professionally acceptable radio frequency emissions standards.
(3) 
Tower height.
Maximum tower height shall be one hundred (100) feet.
(4) 
Structural requirements.
Prior to the approval of any tower in excess of thirty-five (35) feet in height, the applicant shall provide the board of adjustment with written certification from a registered structural engineer that the tower is able to minimally withstand winds of seventy (70) miles per hour, as per the ANSI standards, and/or one hundred (100) miles per hour and/or one hundred thirty (130) mile per hour wind gusts, whichever is greater.
(5) 
Shared use.
The shared use of existing towers or the placement of towers less than thirty-five (35) feet in height at locations adjacent to a mature wireless facility, or wireless transmission facilities incorporated within existing power transmission line towers, shall be encouraged whenever possible.
(A) 
The applicant’s proposal for a new wireless transmission facility shall not be approved unless it can be documented by the applicant that the proposed equipment planned for the proposed tower cannot be accommodated on an existing or approved tower located within a minimum distance of one-half (0.50) mile due to one (1) or more of the following reasons:
(i) 
The planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers[, and the existing towers] cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost;
(ii) 
The planned equipment would cause radio frequency (RF) interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost;
(iii) 
Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively and reasonably in parity with other similar equipment in place or approved; and
(iv) 
Geographic service requirements.
(B) 
The applicant shall also address the extent to which shared use of the proposed tower will be allowed in the future. A letter of intent committing the tower owner and his or her successors to allow shared use of the tower, if an applicant agrees in writing to pay any reasonable charge for shared use, shall be filed in the office of the building inspector, prior to any building permit being issued.
(b) 
Development standards.
(1) 
Buffer, landscaping, screening and fencing.
For ground structures and equipment buildings located in or abutting property zoned residential (either immediately adjacent to such property or across a public roadway), special care shall be taken to minimize the effects on the adjacent residential area. The following shall be considered minimum standards:
(A) 
A minimum 50-foot buffer strip shall be required on the outer perimeter of the property, abutting property currently zoned for residential or commercial use. No internal roads or driveways, parking areas, structures or storage of material shall be allowed within the buffer strip. This standard shall not supersede any existing or future agreements or regulations that may provide for a greater buffer strip than outlined above.
(B) 
The buffer strip shall consist of plantings and physical features sufficient to screen the view beginning at a specified level, reduce glare and noise, and provide greater privacy for nearby residential uses. The buffer shall be initially installed for the permanent year-round protection of adjacent property by visually shielding internal activities from adjoining property from ground level view to a minimum height of six (6) feet. A landscaping plan detailing the type, substance, design, width, height, opacity, growing period to maturity, time schedule for installation, and responsibility for perpetual maintenance of the buffer strip shall be submitted to and approved by the board of adjustment.
(C) 
The landscaping provisions of this section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that, in the opinion of the board of adjustment, meet the intent and purpose of this section. In instances where significant physical features exist (i.e., railroads, major roads, and utility easements, etc.) which in the opinion of the board of adjustment provide adequate buffering between land uses, the existing buffers may be used to meet landscaping provisions of this section.
(D) 
Security fencing shall be required around the area of the wireless transmission facility.
(E) 
Wireless transmission facilities mounted on a building or structure in a commercial district shall be screened and/or designed to blend visually with the roof and/or structure and surroundings where mounted. Such methods and materials shall require approval by the board of adjustment.
(2) 
Off-street parking.
At least one (1) off-street parking space shall be provided per wireless transmission facility.
(3) 
Lighting.
Outside lighting, if required for safety and security purposes, shall be arranged so as to minimize glare and reflection on adjacent residential properties and public streets. Wireless transmission facilities shall not be artificially lighted unless required by the Federal Aviation Administration or other governmental authority.
(4) 
Vehicle access control.
The location and design of driveways and/or accesses to reach the public facility from a public street shall be approved by the board of adjustment.
(1987 Code, sec. 5-278)
(a) 
The owner or his authorized agent shall provide the city with a letter of certification from the design engineers (electrical, structural and civil) indicating that the wireless transmission facility was constructed according to the plans approved by the city. The letter shall be submitted within thirty (30) to forty-five (45) days of completion of the facility.
(b) 
The owner or his authorized agent shall provide the city with a certified copy of the engineer’s annual inspection report, which includes, but is not limited to:
(1) 
The condition of the grounding system;
(2) 
The structural integrity of the facility;
(3) 
Any damage incurred over the past year;
(4) 
The condition of the bolts; and
(5) 
A plan to correct any deficiencies.
(1987 Code, sec. 5-279)
(a) 
The owner or his authorized agent, at his sole cost and expense, shall be responsible for the removal of all buildings, cabinets, structures and facilities, and appurtenances relating to the wireless transmission facility constructed and situated upon his property permitted for such use within thirty (30) days of the discontinuation of the property as a wireless transmission facility.
(b) 
The owner of property upon which a wireless transmission facility is situated, or his authorized agent, shall give the city notice in writing thirty (30) days prior to an anticipated discontinuation of use of his property as a wireless transmission facility. If the discontinuation of use as a wireless transmission facility shall occur prior to the expiration of thirty (30) days, then the owner, or his authorized agent, shall give such notice of discontinuation within ten (10) days of learning of the anticipated discontinuation.
(c) 
Legal use of the property for a wireless transmission facility shall be deemed discontinued when all facility users have vacated the site for a minimum period of sixty (60) days.
(d) 
The owner, or his authorized agent, shall, at the time of giving notice to city of the anticipated discontinuation of the use of the property as a wireless transmission facility, post a performance bond payable to the city in the full amount of the cost of removal of the buildings, cabinets, structures and facilities, and appurtenances relating to the wireless transmission facility.
(e) 
Upon the removal of the buildings, cabinets, structures and facilities, and appurtenances relating to the wireless transmission facility by the owner to the satisfaction of the city and in accordance with this article, the city shall release the bond to the owner.
(f) 
In the event that fewer than all of the users of a wireless transmission facility vacate the facility, it shall be the responsibility of the remaining facility user and the owner to maintain the site in accordance with the approvals granted by the city. Each remaining user that vacates the property shall be responsible for removal of their respective buildings, cabinets, structures and facilities, and other appurtenances, at their expense.
(1987 Code, sec. 5-280)
It shall be unlawful to commence the excavation for the construction of any wireless transmission facility, including all associated appurtenances, until the building inspector has issued a wireless transmission facilities permit and any building permit for such work required by this code.
(1987 Code, sec. 5-281)
A person who violates any provision of this article regarding a wireless transmission facility is subject to prosecution for a class C misdemeanor.
(1987 Code, sec. 5-282)