These regulations are adopted for the following purposes:
(1) 
To protect and provide for the public health, safety, and general welfare of the city.
(2) 
To enhance the ability of the providers of telecommunications services to provide such services to the community safely, effectively, and efficiently.
(3) 
To provide regulations for antenna support structures and antennas that provide secure mounting and construction and prevent interference with public safety communications equipment.
(4) 
To encourage the users of support structures and antennas to collocate where possible and to locate all facilities, to the extent possible, in areas where adverse impact on the community is minimal. Alternative or stealth designs are encouraged for all antenna support structures, antennas, and supporting equipment.
(5) 
To protect and enhance the city's environmental and aesthetic quality.
(6) 
To identify standards in order to ensure equitable treatment of providers of functionally equivalent telecommunications services.
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
This division applies to all telecommunication towers, support structures, and antenna installation unless exempted in (b) below.
(b) 
Exemptions:
(1) 
In any zoning district, antennas that are six (6) feet or less in diameter including satellite earth stations.
(2) 
In any zoning district, any receive-only home television antennas.
(c) 
Support structures or antennas legally installed before adoption of this division [January 16, 2006] are not required to comply with this division but must meet all applicable state and federal requirements, building codes, and safety standards.
(d) 
An AM array shall be subject to these regulations. An AM array consisting of one or more support structure units and supporting ground equipment, which functions as one AM broadcasting antenna, shall be considered one support structure. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the support structures, including the guide wires, in the array. Additional support structure units may be added within the perimeter of the AM array by right.
(Ordinance 2006-02-00561, sec. 1, adopted 2/20/06; Ordinance 2010-11-00668, sec. 2, adopted 11/4/10; Ordinance 2024-03-00998 adopted 3/21/2024)
For the purposes of this division, the following terms shall have the respective meanings as ascribed to them:
Alternative antenna support structure.
A clock tower, bell tower, steeple, manmade tree, light pole, or similar alternative-design mounting structure that camouflages or conceals the presence of antennas or support structures. The generic term "stealth" may also be applied to any method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure. Panel antennas and omni and yagi antennas attached to existing structures are considered to be alternative in design if they are integrated into the architectural features of the structure or are painted to match the support structure.
Antenna.
Any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, television signals, or other communication signals.
Antenna support structures.
The transmitting or receiving system, its supporting structures, and any appurtenances mounted thereon, including a freestanding structure built specifically to support or act as an antenna or a structure mounted on some other manmade object such as a building or bridge.
Backhaul network.
The lines that connect a communications provider's support structure/cell sites to one or more telephone switching offices and/or long distance providers, or the public switched telephone network.
Collocation.
The use of a single support structure and/or site by more than one communications provider.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
Guyed lattice support structure.
A guyed three- or four-sided, open steel frame structure used to support telecommunications equipment.
Height.
The distance measured from the finished grade of the parcel to the highest point on the support structure or other structure including the base pad and any antenna.
Monopole.
A structure composed of a single spire used to support telecommunications equipment.
Omni antenna.
A thin, vertical, whip-type antenna that delivers an omni-directional signal.
Preexisting support structures and preexisting antennas.
Any support structure or antenna for which a building permit or specific use permit has been properly issued prior to the effective date of this division [ordinance adopted January 16, 2006], including permitted support structures or antennas that have not yet been constructed so long as such approval is current and not expired.
Self-supporting lattice support structure.
A self-supporting, open steel frame structure used to support telecommunications equipment.
Telecommunication tower.
A structure designed for the support of one or more antennas and including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular phone towers, alternative tower structures, and the like.
Telecommunications facility.
Any unmanned facility consisting of equipment for the transmission, switching, and/or receiving of wireless communications. Such facility may be elevated (either structure-mounted or ground-mounted) transmitting and receiving antennas, low-power mobile radio service base station equipment, and interconnection equipment. The categories of facility types include both roof and/or structure-mount facilities and telecommunications support structures.
Temporary antenna.
An antenna and supporting equipment used on a temporary basis in conjunction with a special event, emergency situation, or in case of equipment failure.
Transceiver radio.
Radio equipment rectangular in shape that attaches to lighting fixtures and/or utility poles and meets wind load requirements. Transceiver radios may have an attached omni-directional whip antenna.
Yagi antenna.
A horizontal beam-type, directional antenna with short vertical bars, generally used for micro cells.
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2006-02-00561, sec. 1, adopted 2/20/06; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Antennas and support structures may be considered either principal or accessory uses.
(b) 
Antenna installations shall comply with all other requirements of all city ordinances and the zoning ordinance with the exception of those specified within this division.
(c) 
Antennas on existing towers.
An antenna which is attached to an existing tower may be approved by the city manager to minimize adverse visual aspects associated with the proliferation and clustering of towers, and collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the provision in section 14.04.345 of this division.
(d) 
Applications for antennas and antenna support structures shall include the following:
(1) 
The distance between the proposed support structure and the nearest residential unit and/or residential zoning district boundary line.
(2) 
An inventory or map of the applicant's existing support structures, antennas, or sites previously approved for such, either owned or leased, both within the city and within one mile of the city limits, including specific information about the location, coverage areas, height, and design of each support structure. The separation distance between the proposed support structure or antenna and these support structures shall also be noted.
(3) 
Certification of the following:
(A) 
That the applicant has sought and received all franchises or permits required by the city for the construction and operation of the communication system.
(B) 
Identification of the backhaul provider and connectivity locations for the installation.
(C) 
Certification of the structural engineering information.
(D) 
A notarized statement from the applicant that the proposed support structure can accommodate the collocation of additional antennas.
(4) 
Information concerning the finished color, alternative design standards (if applicable), and method of fencing.
(5) 
The application may require a site plan and landscape plan in accordance with this division. Platting of the property may be required in accordance with the subdivision ordinance.
(e) 
All commercial attachments including but not limited to signs, flags, lights and attachments, other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and FCC, shall be prohibited on any antenna or antenna support structure. However, lights may remain or be replaced on light standards that are altered or replaced to serve as antenna support structures with fixtures that comply with the lighting regulations of the city. However, this provision shall not preclude the inclusion of an antenna within or mounted on a flagpole.
(f) 
All antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other state and federal agency with regulatory authority over support structures and antennas. If standards change, owners must comply within six months or as required by the regulating authority.
(g) 
A building permit is required to erect or install an antenna, antenna support structure, and related equipment, unless the particular antenna is exempt from regulations of this division. All installations must comply with applicable state and local building codes and the standards published by the Electronic Industries Association as may be amended from time-to-time. Owners shall have thirty (30) days after receiving notice that an installation is in violation of applicable codes to fully comply, or the owner may appeal to the city council.
(h) 
All support structures and antennas must be constructed and operated in a manner that does not create electromagnetic or other interference with the city's radio frequencies and public safety operations as required by the FCC.
(i) 
No commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires may be located within any required front, side, or rear yard setback.
(j) 
All antennas and antenna support structures owned and/or operated by a governmental entity shall be permitted by right in any district.
(k) 
Design.
(1) 
Subject to the requirements of the FAA or any applicable state or federal agency, towers shall be painted a neutral color consistent with the natural or built environment of the site.
(2) 
Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.
(3) 
Antennas attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the structure or designed to be an architectural element of the facade to which they are mounted.
(4) 
All towers shall be surrounded by a minimum six-foot (6') high decorative wall constructed of brick, stone or comparable masonry materials and a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by administrative permit or by the city council in the case of a special use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.
(5) 
All towers, disguised support structures, and related structures, fences and walls shall be separated from the property line of any adjacent property zoned for a residential use at least a distance equal to the height of the tower structure.
(6) 
Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.
(7) 
On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.
(l) 
Safeguards shall be utilized to prevent unauthorized access to an antenna support structure. Safeguards include those devices identified by the manufacturer of the antenna support structure utilized, a fence, climbing guard, or other commercially available safety device. Climbing spikes must be removed after use.
(m) 
Temporary antennas shall only be allowed in the following instances:
(1) 
In conjunction with a festival, carnival, or other special event.
(2) 
In case of an emergency as required by the police or fire department.
(3) 
When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within seventy-two (72) hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven days, then the provider must acquire a permit for the use.
(n) 
Applicants must notify the city of any change in collocation or backhaul providers within thirty (30) days of the exchange.
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2024-03-00998 adopted 3/21/2024)
Collocation shall be accomplished as follows:
(1) 
All new support structures over sixty feet (60') in height must be constructed to support antennas for at least two (2) carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment must also be provided. A written agreement committing to shared use as required by this section shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use shall be in violation of this division and, among other remedies of the city, shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city.
(2) 
A support structure which is modified or reconstructed to accommodate collocation shall be of the same type or design as the existing structure and is subject to the following regulations:
(A) 
The support structure may be modified or rebuilt to a height not to exceed thirty feet (30') over the support structure's existing height, with a maximum height of one hundred twenty feet (120'). If a specific use permit issued for the support structure stipulated a maximum height, the support structure may not be modified unless the specific use permit is amended.
(B) 
Distance separation from other support structures and residential zoning district boundaries are based on the original support structure and are not increased.
(C) 
The support structure may be moved on the same property within fifty feet (50') of its existing location but may not be moved closer to residentially zoned property. The new location must be within the boundaries of the specific use permit.
(D) 
The original support structure must be removed from the property within ninety (90) days of the completion of new support structure.
(E) 
Additional antennas attached to an existing support structure must comply with the design of the existing antenna on the support structure.
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2024-03-00998 adopted 3/21/2024)
Support buildings and equipment storage areas or buildings must meet the following requirements:
(1) 
When mounted on rooftops, they must be screened by a parapet wall or other mechanical unit screening.
(2) 
When ground mounted, they must comply with the following:
(A) 
Meet all applicable front, side, and rear yard setback requirements.
(B) 
Be of a neutral color and use exterior building materials that are compatible with surrounding structures.
(C) 
Be screened by an evergreen landscape screen with an initial planting size of five gallons (5 gal) and four feet (4') in height, with an ultimate height of six feet (6'), or a solid masonry fence six feet (6') in height. Landscaping must be irrigated and maintained in a living, growing condition. Wooden fences are prohibited and wrought iron or chain link may only be used in conjunction with a landscape screen.
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
In all zoning districts, except for commercial business "CB" and light industrial "LI," antennas and antenna support structures are prohibited, except as specified within this division.
(1) 
Antennas may be attached to a utility structure (e.g., electrical transmission/distribution tower or elevated water storage tank) exceeding sixty feet (60') in height.
(2) 
Antennas may be totally enclosed within or integrated into the design of any building feature permitted in the zoning district. Antennas may be mounted flush to the exterior of a building if it is painted and integrated into the overall architectural design.
(3) 
Antennas may be attached to existing streetlight, park ballfield lights, and parking lot light standards, or the light standard may be replaced to accommodate the antennas. The height of the light standard may be increased no more than fifteen feet (15'), up to a maximum of sixty feet (60'), to accommodate the antenna.
(4) 
In residential districts, only omni, yagi, and small panel antennas not exceeding one foot in width by eight feet in length, mounted flush to the support structure, are allowed. Radio transceivers may also be used if the equipment box does not exceed eight inches by fourteen inches by five inches (8" x 14" x 5"). Other types of antennas may be used only when incorporated or enclosed within a building permitted in the district, or within a flagpole or other stealth design, or attached to any existing utility structure exceeding sixty feet (60') in height.
(5) 
Equipment buildings must comply with the same screening requirements specified in section 14.04.346 above, unless the equipment is attached to the support structure itself or enclosed within another structure on the property.
(b) 
In commercial business "CB" and light industrial "LI" districts antennas and antenna support structures are allowed as follows:
(1) 
Antenna support structures are allowed by right if they are sixty feet (60') or less in height and by a specific use permit if over sixty feet (60') in height.
(2) 
Antennas may be attached to a utility structure including electrical transmission/distribution tower or elevated water storage tanks.
(3) 
Antennas may be attached to existing streetlight, park ballfield lights, and parking lot light standards, or the light standard may be replaced to accommodate the antennas. The height of the light standard may be increased a total of fifteen feet (15'), up to a maximum of sixty feet (60'), to accommodate the antenna. Only omni, yagi, and small panel antennas not exceeding one-foot (1') in width by eight feet (8') in length, mounted flush to the support structure, may be attached to existing light standards less than sixty feet (60') in height. Radio transceivers may also be used if the equipment box does not exceed eight inches by fourteen inches by five inches (8" x 14" x 5").
(4) 
Antennas may be totally enclosed within or integrated into the design of any building or building feature permitted in the zoning district. Antennas may be mounted flush to the exterior of a building if it is painted and integrated into the overall architectural design.
(5) 
Antennas mounted on a roof or existing structure, other than a support structure, shall extend no more than ten feet above the highest point of the structure.
(6) 
Antennas may be mounted on or incorporated into flagpoles.
(7) 
The height of a support structure is limited to one hundred twenty feet (120').
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2024-03-00998 adopted 3/21/2024)
Antennas owned by other than governmental entities may be located on property owned by the city, regardless of the zoning district, under the following conditions:
(1) 
The antennas and support structures may be attached to an existing improvement or replace an existing improvement. The improvement shall be capable of supporting the antenna and any associated equipment and shall not interfere with the use or other operations of the city.
(2) 
Prior authorization for use of city property must be shown by a franchise, lease, license, permit, or other document duly executed by an authorized city representative and adopted in conformance with all applicable city regulations for the property. The granting of a franchise, lease, license, or permit is at the discretion of the city council or its authorized designee and must comply with all ordinances.
(3) 
The antennas and any accompanying equipment must comply with all ordinances, rules, and regulations.
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2024-03-00998 adopted 3/21/2024)
All antennas and antenna support structures must meet the following requirements:
(1) 
Support structures shall have a galvanized steel finish or shall be painted a neutral color, unless other designs and colors are required by the Federal Aviation Administration for safety purposes.
(2) 
Antennas and supporting equipment installed on an existing structure other than a support structure must be of a neutral color that is compatible with the color of the supporting structure.
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
An applicant may appeal a decision of the city manager for an antenna installation not requiring a specific use permit to the city council by filing a notice of appeal within ten (10) days following the date the city manager notifies the applicant of his action. The city council may approve, conditionally approve, table, or deny an appeal. All decisions of the city council are final.
(b) 
Any entity that desires to erect or utilize telecommunications facilities that would be limited by the provisions of this division may petition the city council to modify this division. In determining the need to initiate an amendment to this division, the city council shall consider the extent to which strict application of these regulations would prohibit or have the effect of prohibiting communications services.
(Ordinance 2006-01-00553, sec. 1, adopted 1/16/06; Ordinance 2024-03-00998 adopted 3/21/2024)