The provisions of this division apply only to broadband antenna support structures in residential and agricultural districts. 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 wireless broadband services to provide such services to the community safely, effectively, and efficiently.
(3) 
To provide regulations for the safe and secure installation of broadband antenna support structures.
(4) 
To minimize the number of broadband antenna support structures in a neighborhood and adjacent area:
(A) 
Broadband antenna support structure owners are encouraged and authorized to allow their wireless internet service provider (WISP) to use their broadband antenna support structure as a relay, hub, transmitter or micro pop location.
(B) 
Regarding other sections of the municipal code, the use described above shall not be considered a commercial usage.
(Ordinance 2020-12-00927 adopted 12/17/20; Ordinance 2024-03-00998 adopted 3/21/2024)
For the purpose of this division and notwithstanding any conflicting definition contained in this chapter:
Broadband antenna.
Any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used exclusively for transmitting, receiving or repeating broadband wireless signals.
Broadband antenna support structures.
A freestanding structure such as a tower or pole, built and designed to support the antenna and other equipment used to receive wireless broadband services.
Compelling communication needs.
A need for relief based on the inability of the applicant to obtain line of sight due to engineering, technical, or physical characteristics, such as trees, buildings, or structures located on the subject and adjacent properties that obstruct or significantly impede communications to and from the subject property.
Design review committee.
Group comprised of three (3) staff members including the city manager, city engineer and development services director responsible for review and approval for relief of certain regulations in this chapter. An alternate staff member may be appointed in the absence of one of the committee members to facilitate the review process.
(Ordinance 2020-12-00927 adopted 12/17/20; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Broadband antennas and support structures shall be considered accessory uses.
(b) 
Broadband antenna and broadband support structure installations shall comply with all other requirements of city ordinances and the zoning ordinance with the exception of those specified within this division.
(c) 
All broadband antennas and broadband antenna support structures must meet or exceed current standards and regulations, and registration requirements of the Federal Aviation administration (FAA), the Federal Communications Commission (FCC), and any other state and federal agency with regulatory authority over support structures and antennas. If standards change, owners must comply as required by the regulating authority.
(d) 
A building permit is required for all broadband antenna support structures. All broadband antenna support structure 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. Review of the building permit and any subsequent review by the design review committee must be conducted within reasonable time frame to prevent or delay installation, maintenance or use of broadband antennas in accordance with FCC regulations.
(e) 
All broadband support structures and broadband 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.
(Ordinance 2020-12-00927 adopted 12/17/20; Ordinance 2024-03-00998 adopted 3/21/2024)
The maximum height for a broadband antenna support structure in any district shall be eighty (80) feet. Upon showing of a compelling communications need, the design review committee may administratively approve a height greater than eighty (80) feet.
(Ordinance 2020-12-00927 adopted 12/17/20; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Number and size.
The number and size of broadband antennas placed upon a broadband antenna support structure used for broadband communications shall be limited by the wind load requirements contained in the current version of the city's building codes or by the manufacturer's specifications for wind loading, whichever is more restrictive.
(b) 
Location.
To the extent possible, broadband antenna support systems should be in areas to provide minimal impact on the community. Alternative or stealth designs are encouraged for all broadband antenna support structures.
(c) 
Setbacks.
(1) 
Front yards.
Broadband antenna support structures (including guy wires, foundations, anchors, and other components of the structure) shall not be permitted in required front yards.
(A) 
Exception: Upon showing of a compelling communications need, the design review committee may administratively approve a broadband antenna and broadband support structure placement in front yards.
(2) 
Rear yards.
Guy wires and broadband antenna and broadband support structures shall not be permitted in required rear yard setbacks. Minimum setbacks for broadband antenna support structures shall be the same as those required for accessory buildings in the applicable residential or agricultural district.
(A) 
Exception: Upon showing of a compelling communications need, the design review committee may administratively approve guy wires, broadband antenna and broadband support structures in rear yard setbacks.
(3) 
Side yards.
Guy wires and broadband antenna and broadband support structures shall not be permitted in required side yard setbacks. Minimum setbacks for broadband antenna support structures shall be the same as those required for accessory buildings in the applicable residential or agricultural district.
(A) 
Exception: Upon showing of a compelling communications need, the design review committee may administratively approve guy wires, broadband antennas and broadband support structures in side yard setbacks.
(d) 
Separation.
There shall be no minimum or maximum separation requirements for broadband antenna support structures from other structures on the same lot of record.
(e) 
Fall radius.
The fall radius for broadband antenna support structures shall be equal to the total height of the structure.
(1) 
If the applicant is able to present evidence that the proposed broadband antenna support structure has been engineered with a break point along the structure, the city may determine that the measurement of the length on the longest segment following a break at the break point can be used in determining the fall radius.
(2) 
Broadband antenna support structures shall be sited in such a manner that the fall radius does not encompass the buildable area for habitable structures on adjoining property.
(f) 
Lights.
Lights other than lights required or recommended by the FAA mounted on antenna support structures shall comply with the city's dark sky ordinance.
(g) 
Construction standards.
Broadband antenna support structures shall be installed in accordance with the manufacturer's specifications. Modifications to the manufacturer's installation specifications shall bear the seal and signature of a state-licensed professional engineer.
(h) 
Maintenance.
Broadband antennas and broadband antenna support structures that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse shall be removed or brought into repair within ninety (90) days following notice given by the building official; provided that the building official may order immediate action to prevent an imminent threat to public safety or property.
(i) 
Removal.
If the broadband antenna support structure and broadband antennas are no longer being utilized, the owner of the property on which an antenna structure is located shall remove the structure from the property within ninety (90) days.
(Ordinance 2020-12-00927 adopted 12/17/20; Ordinance 2024-03-00998 adopted 3/21/2024)