§ 46-673. Commercial wireless telecommunication services (CWTS) and towers.
(a)
The purpose of this section is to permit the siting of communication towers and antennas within the municipal boundaries of the city. The city finds that there is a need for such towers, however, the need to protect the public health, safety and welfare is paramount. The city's intent is to minimize the number of towers in the city, exclude their location in residential districts, and to encourage users of towers and antennas to configure/design them in a way that minimizes their adverse visual impact.
(b)
Towers in excess of 40 feet in height for commercial wireless telecommunication services shall meet the following standards:
(1)
Antennas for commercial wireless telecommunication services shall be required to locate on any existing approved tower or structure within a one-mile radius of the proposed tower, unless one or more of the following conditions exist:
a.
The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and registered professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost. Costs exceeding new tower development are presumed to be unreasonable.
b.
The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the tower or building as documented by a qualified and registered professional engineer and the interference cannot be prevented at a reasonable cost.
c.
Existing or approved towers and buildings within a one-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and registered professional engineer.
d.
Other unforeseen reasons that make it infeasible to locate the planned equipment upon an existing tower or building.
(2)
Any proposed CWTS tower shall be designed, structurally, electrically and in all other respects, to accommodate both the applicant's equipment and comparable equipment for at least two additional users. Towers must be designed to allow for future rearrangement of equipment upon the tower and to accept equipment mounted at varying heights.
(3)
CWTS towers shall be designed to blend into the surrounding environment through the use of color and architectural treatment, except in instances where color is dictated by other state or federal authorities. Towers shall be of a monopole design unless the planning commission determines that an alternative design would better blend into the surrounding environment.
(4)
Any part of the structure or equipment placed on the ground pertaining to the CWTS towers shall comply with the following setbacks:
a.
Residential districts. CWTS towers are not permitted in residential districts and must be located such that any part is not within 200 feet of any residential district lot line.
b.
Nonresidential districts. Any part of a CWTS tower or associated equipment shall be set back for a distance equal to the setbacks for main buildings for the district in which it is located, except that in no case shall such structures or equipment be located less than 25 feet from any adjacent lot line, nor less than 200 feet from any residential district lot line, nor less than a distance equal to at least 75 percent of the height of the tower from the lot line.
c.
These provisions shall not apply to antennas located on existing buildings, towers or other existing structures.
(5)
The planning commission may require such structures or equipment on the ground to be screened with landscaping, berms, walls or a combination of these elements, to minimize their adverse visual impact.
(6)
Towers and antennas shall not be illuminated unless required by other state or federal authorities. No signs or other advertising not related to safety or hazard warnings shall be permitted on any part of the tower or associated equipment or buildings.
(7)
Towers and antennas shall be designed and constructed so as not to pose a threat to pedestrians or vehicles accessing the land upon which the tower is located.
(8)
Towers and antennas shall meet all applicable state and federal height regulations and clearance zone requirements resulting from the presence of the city airport.
(9)
Towers and antennas which are abandoned or unused shall be removed, along with any associated structures or equipment, within 12 months of the cessation of operations, unless a time extension is granted by the zoning administrator. One three-month extension shall be permitted only if the zoning administrator finds that the owner or former operator of the facility is taking active steps to ensure its removal.
(10)
A building permit must be obtained before the installation of any tower or related building.
(11)
A building permit must be obtained before the installation of any antenna on an existing structure when greater than two feet in diameter or greater than 12 feet in height or which weights more than 40 pounds.
(12)
The maximum height of towers shall be prescribed by the planning commission with section 46-629, the schedule of regulations, used as a guide. Structures taller than the height limitations listed in section 46-629 shall be designed to be aesthetically compatible with the district in which it is located.
(13)
Towers and related buildings shall be enclosed by security fencing not less than six feet and not more than eight feet in height. The fencing must be provided with appropriate anticlimbing devices as required by the planning commission.
(14)
Towers and antennas constructed in conformance with this Code shall not be deemed to constitute an expansion of a nonconforming use or structure.
(15)
The use of city owned properties or rights-of-way by the telecommunication service provider or backhaul network shall be through a franchise or lease agreement.
(Prior Code, § 5.200; Ord. No. 98-01, 3-2-1998)