The regulations of this article are intended to:
(1) 
Provide for the appropriate location and development of communication towers and antennae to serve the residents and businesses of the city;
(2) 
Minimize any adverse visual impact of towers and antennae through careful design, siting, landscaping and screening;
(3) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;
(4) 
Maximize use of any new or existing communication towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city;
(5) 
Maximize and encourage use of alternative tower structures as primary option rather than construction of additional single-use towers.
(Ordinance 2186, § 2(700), adopted 4/14/1997)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alternative tower structure
means manmade structures such as clock towers, bell towers, church steeples, water towers, light poles, electrical transmission towers and similar alternative design mounting structures that camouflage or conceal the presence of antennae and towers.
Antenna
means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, excluding satellite dish antennas.
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 vertically from the finished grade to the highest point on the tower, antenna or structure.
Tower
means a structure constructed as a freestanding structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication. The term includes radio and television transmission towers, microwave towers, common carrier towers, and cellular telephone towers. A tower does not include a receive-only home television antenna, or any satellite dish antenna two meters or less in diameter.
(Ordinance 2186, § 2(705), adopted 4/14/1997)
The regulations contained in this article shall be applicable to all new towers or antennae in the city, except as provided below:
(1) 
Amateur radio station operators/receive only antennas.
This article shall not govern any tower, or the installation of any antenna, that is under 45 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
(2) 
Pre-existing towers or antennas.
Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this article, other than the requirements of section 118-767.
(Ordinance 2186, § 2(710), adopted 4/14/1997)
No communications tower or antenna shall be constructed without prior approval of a building permit. Furthermore, where specified in this article or in the table of permitted uses, no communications tower shall be constructed except with approval of a special use permit (SUP) by the planning and zoning commission and the city council. The application procedures contained in this article relating to the application, processing, and determination of whether to grant a special use permit as specified herein, are in addition to any other provisions and requirements contained in other articles of this chapter relating to special use permits.
(1) 
Antennas are permitted in all districts on existing nonresidential buildings or on alternative tower structures with approval of a building permit, but without obtaining a special use permit if the nonresidential building or alternative tower structure exceeds 50 feet in height and the antenna will add no more than 20 feet total to the height of the existing building or structure.
(2) 
The effects of radio frequency emissions on persons or the environment shall not be considered in a proceeding involving an application for a special use permit for a communications tower.
(3) 
No communications tower may be constructed if there is a technically suitable space available on an existing tower within the service area that the new tower is to serve.
(Ordinance 2186, § 2(715), adopted 4/14/1997)
Application for a building permit or a special use permit to construct a communications tower must contain the following information and will not be considered until all information is complete:
(1) 
An inventory of the applicant's existing towers that are either within the city or within one mile of the border thereof, including specific information about the location, design, and height of each tower. The zoning administrator may share such information with other applicants applying for administrative approvals or special use permits under this article or with other organizations seeking to locate antennae within the city; provided, however, that the zoning administrator is not, by sharing such information, in any way representing or warranting that the sites are available or suitable.
(2) 
A site plan drawn to scale clearly indicating the location, height, and design of the proposed tower, equipment cabinets, transmission buildings and other accessory uses, access, parking, fences, masonry screening walls, and landscaped areas.
(3) 
A legal description of the site.
(4) 
The separation distance from other towers within a one mile radius of the proposed tower site.
(5) 
A description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of the maintenance.
(6) 
A report from a professional structural engineer licensed in the state, documenting the following:
a. 
Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design. A cross section of the tower structure shall be included.
b. 
Total anticipated capacity of the structure, including the number and types of antennae which can be accommodated.
c. 
Evidence of the structural integrity of the tower structure.
d. 
Failure characteristics of the tower and evidence that site and setbacks are of adequate size to contain a failure within the site.
e. 
Certification that the tower will meet all applicable FCC, FAA and local building codes.
(7) 
A letter of intent to lease excess space on the tower structure and to lease additional excess land on the tower site, if structurally and technically possible.
(8) 
The zoning administrator shall maintain and provide, on request, records of response from each owner. Once an owner demonstrates an antenna of the sort proposed by the applicant cannot be accommodated on the owner's tower as described below, the owner need not be contacted by future applicants for antennae of the sort proposed.
(9) 
Shared use is not precluded simply because a reasonable fee for shared use is charged, or because of reasonable costs necessary to adopt the existing and proposed uses to a shared tower. The city council may consider expert testimony to determine whether the fee and costs are reasonable.
(10) 
Any other information which may be requested by the zoning administrator to fully evaluate and review the application and the potential impact of a proposed tower or antenna.
(Ordinance 2186, § 2(720), adopted 4/14/1997)
No new communications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the zoning administrator or, when applicable, the planning and zoning commission, that no existing tower, building, structure, or alternative technology that does not require the use of a tower can accommodate the applicant's proposed antenna. The applicant shall submit information related to the availability of suitable existing towers, other structures or alternative technology which will demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna. Such information may consist of any of the following:
(1) 
No existing towers or structures are located within the geographic area which 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 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 adopt an existing tower or structure for sharing are unreasonable.
(6) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7) 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(8) 
If the zoning administrator is not satisfied that the applicant has provided adequate documentation of need for the proposed site, the application shall be automatically scheduled for the next available public hearing by the planning and zoning commission for consideration as a special use permit.
(Ordinance 2186, § 2(725), adopted 4/14/1997)
(a) 
No advertising sign shall be allowed on a communications tower.
(b) 
No signs or illumination shall be allowed on a communications tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction, in which case the zoning administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.
(c) 
All buildings or cabinets shall be constructed of brick or solid concrete with exposed aggregate exterior surfaces, except for those with less than 25 square feet of gross floor area. Equipment buildings shall not be used for offices, vehicle storage or other outdoor storage.
(Ordinance 1874, art. VII, § 730, adopted 3/22/1993; Ordinance 2531, § 1, adopted 7/23/2001)
(a) 
Maximum height and setback.
No communications tower shall exceed 130 feet in height. All applicants for communications towers greater than 65 feet in height shall be required to pay additional application fees to the city for the purpose of employing an independent outside consultant as designated by city staff to review the special use permit and all documentation of need for a communications tower.
(b) 
Spacing.
All communications towers constructed shall conform to the communication tower buffer zone map (figure 7.1). An antenna mounted on an existing communications tower or on any alternative tower structure shall be exempt from buffer requirements.
Table 7-1
SEPARATION DISTANCE
EXISTING TOWER HEIGHT
PROPOSED TOWER HEIGHT
 
<65 feet
65 feet - 130 feet
<65 feet
1,000 feet
1,250 feet
65 feet - 130 feet
1,250 feet
1,500 feet
(c) 
Maximum number of towers.
No more than one communications tower shall be allowed on a lot or parcel; provided, however, that additional towers may be approved on the lot with a special use permit.
(d) 
Safety.
A communications tower should be located in such a manner that if the structure should fall along its longest dimension it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other towers.
(e) 
Landscaping.
All freestanding communication towers shall comply with the landscaping requirements contained in article III of chapter 114 of this Code; provided, however, that the city council may require additional landscaping to mitigate an adverse condition or may waive such landscaping requirements when considering a request for a special use permit.
(f) 
Masonry screening walls.
All ground areas containing equipment cabinets or buildings shall be required to be screened on all sides by a six-foot masonry wall.
(Ordinance 1874, art. VII, § 735, adopted 3/22/1993; Ordinance 2531, § 1, adopted 7/23/2001)
Communications towers and any equipment building and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend and stealth the tower and related facilities to the natural setting and built environment.
(1) 
All towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color, so as to reduce visual obtrusiveness.
(2) 
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.
(3) 
All towers shall be of monopole construction unless the city council approves an alternate design. Disguising or stealthing towers with natural or manmade features such as landscape features, clock towers, steeples, etc. is encouraged.
(Ordinance 1874, art. VII, § 740, adopted 3/22/1993; Ordinance 2531, § 1, adopted 7/23/2001)
All new towers shall be designed to structurally accommodate the maximum number of additional users technically practicable. Adequate ground area is required to be provided for equipment cabinets and buildings to accommodate the maximum number of additional users.
(1) 
To encourage shared use of towers, no special use permit shall be required for the addition of antenna to an existing tower so long as the height of the tower or structure on which the antenna is placed is not increased and the requirements of this article are met.
(2) 
Any special use permit which is granted for a new communications tower is specifically subject to the condition that the tower owner abide by the following provisions relating to shared use, regardless of whether or not the ordinance granting the permit contains such conditions:
a. 
The tower owner shall respond in a timely, comprehensive manner to a request for information from a potential shared use applicant.
b. 
The tower owner shall negotiate in good faith for shared use by third parties.
c. 
The tower owner shall allow shared use where the third party seeking the use agrees in writing to pay reasonable, pro rata charges for sharing, including all charges necessary to modify the tower and transmitters to accommodate shared use, but not total tower reconstruction, and to observe whatever technical requirements are necessary to allow shared use without creating interference.
d. 
The willful failure of an owner whose tower was approved under this article to comply with the requirements of this article shall be grounds for withholding approval of any application by the owner for a building permit for the approved tower, for revoking the special use permit granted for the tower, and for refusing to approve a new special use permit for any new tower or antenna.
(Ordinance 1874, art. VII, § 745, adopted 3/22/1993; Ordinance 2531, § 1, adopted 7/23/2001)
All towers and antennas shall be maintained in compliance with standards contained in applicable building codes so as to ensure the structural integrity of the towers. If upon inspection by the building official the tower is determined not to comply with the code standards or constitutes a danger to persons or property and the tower is not made safe or removed within 60 days of notification from the city notifying the owner of the unsafe tower or antenna, the city may remove the tower or antenna and place a lien upon the property for the costs of the removal.
(Ordinance 2531, § 1(750), adopted 7/23/2001)
Any antenna or tower that is not operated for any continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower and the owner of the property where the tower is located shall remove the tower or antenna within 90 days after notification from the city to remove the tower or antenna.
(1) 
If the tower or antenna is not removed within the notification time period, the city may remove the tower or antenna and place a lien upon the property for the costs of the removal.
(2) 
If the owner of an abandoned tower or antenna wishes to use the abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this article as if the tower or antenna were a new tower or antenna.
(Ordinance 2531, § 1(755), adopted 7/23/2001)
All communication towers operative prior to the effective date of the ordinance from which this section is derived, shall be allowed to continue their present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with this chapter. Routine maintenance shall be permitted on the existing towers. New construction other than routine maintenance on an existing communication tower shall comply with the requirements of this article.
(Ordinance 2531, § 1(760), adopted 7/23/2001)
Antennas or towers located on property owned, leased or otherwise controlled by the city shall be exempt from the requirements of this article.
(Ordinance 2531, § 1(765), adopted 7/23/2001)
(a) 
Satellite receiver dishes measuring one meter (39.37 inches) or less in diameter shall be allowed in all districts without a permit. Such dishes shall not be located within or encroach on or over any drainage or utility easement and shall not overhang any property line.
(b) 
Satellite receiver dishes larger than one meter in diameter shall be allowed in any residential district and in the AG agricultural district if they conform to the following regulations:
(1) 
No such satellite receiver dish shall exceed 12 feet in diameter.
(2) 
Satellite receiver dishes shall be located only in a rear yard and no portion of such dish shall be closer than six feet from any side or rear property line.
(3) 
No satellite receiver dish shall be located within or encroach upon any drainage or utility easement.
(4) 
No portion of a ground-base mounted satellite receiver dish shall extend beyond 15 feet above the existing grade. A ground-pole mounted dish located adjacent to or within three feet of the rear of the main structure shall be allowed provided that it will not be visible between ground level and five feet above ground level when viewed from the front of the structure at a point nearest the curb line or edge of the street. A roof mounted dish may be located on the rear portion of the roof of a main structure if it will not be visible between ground level and five feet above ground level when viewed from the front of the structure at a point nearest the curb line or edge of the street.
(5) 
No lettering, logo, or any form of advertising shall appear on the face or back of the satellite receiver dish except the name and address and telephone numbers of the manufacturer or seller, serial and model number and any technical information pertaining to the dish.
(6) 
Only one satellite receiver dish shall be allowed per residential lot.
(7) 
A building permit must be obtained from the building inspection office prior to the erection of any satellite receiver dish.
(c) 
In all other zoning districts, where a satellite receiver dish larger than one meter in diameter is utilized in conjunction with the conduct of a permitted business, one dish may be installed either on the roof of a building or on an approved pole mounting system. Such dish shall be located behind the front building line of the lot. The dish shall not exceed 12 feet in diameter and shall not exceed 38 feet in height above surrounding lot grade. Where the lot abuts a residential district, the pole mounted dish installation shall be placed so that the total height of the unit shall not exceed a ratio of one-foot distance from the residential property for each one and one-half feet of height. In roof top installations on permitted high-rise buildings, the dish shall not exceed twelve feet in height above the main roof structure of the building. A building permit must be obtained from the building inspection office for installation of any dish under this subsection.
(Ordinance 2186, § 3, adopted 4/14/1997; Ordinance 2861, § 1, adopted 11/14/2005)