§ 58-424. General requirements.

(a)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(b)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to, setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna or tower may be located on leased parcels within such lot.

(c)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the city an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height and design of each tower. The city building official may share such information with other applicants applying for administrative approvals or conditional use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however, that the city building official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d)

Aesthetics. Towers and antennas shall meet the following requirements:

(1)

Towers not requiring FAA painting/marking shall have either a galvanized finish or painted a noncontrasting blue, gray, or black finish.

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

(3)

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.

(4)

Alternative tower structures and towers and antennas that are otherwise concealed are preferred, and the city may require that a proposed tower or antenna be in the form of an alternative tower structure or otherwise concealed where appropriate to preserve the aesthetic character of the surrounding area.

(e)

Lighting. Towers shall not be artificially lighted, except to assure human safety or as required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. At the time of construction of the tower in cases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower, dual mode lighting shall be requested from the FAA.

(f)

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(g)

Building codes; safety standard. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days (or such shorter time as may be reasonably required by the city in an emergency situation) to bring such tower into compliance with such standards. Failure to bring such tower into compliance within the required time period shall constitute grounds for the removal of the tower or antenna at the owner's expense. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the applicable standards in effect at the time of such improvement or addition. Such plans shall be submitted to and reviewed and approved by the city building official at the time building permits are requested.

(h)

Measurement. For purposes of measurement, tower setbacks as listed in subsection 58-427(c)(4) and separation distances as listed in subsection 58-427(c)(5) shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

(i)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(j)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises, licenses, and approvals required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises, licenses and approvals with the city building official.

(k)

Public notice. For purposes of this article, any conditional use request or appeal of an administratively-approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within 500 feet of the perimeter of the parent parcel upon which the proposed tower is located in addition to any notice otherwise required by law.

(l)

Signs. No signs, other than those required by law or those necessary to insure public safety, shall be allowed on an antenna or tower.

(m)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 58-428.

(n)

Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.

(o)

Height limit. In no event may a tower exceed 180 feet in height (including the height of a structure on which the tower is placed).

(p)

Completeness review; time limitation . The city shall grant or deny a properly completed application for a tower, antenna, or other communications facility within 90 days or, as required by federal and state law, after the date the application is determined to be properly completed. An application is deemed submitted or resubmitted on the date the application is received by the city. The city shall notify the applicant within 20 days after the date the application is initially submitted or additional information resubmitted, whether the application is properly completed in compliance with the city's requirements. If the application is not completed in compliance with the city's requirements, the city shall so notify the applicant in writing indicating with specificity any deficiencies which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the city shall notify the applicant, in writing, no later than 20 days after the additional information is submitted, of any remaining deficiencies that must be cured. If a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the city may continue to request the information until such time as the specified deficiency is cured, or may establish a reasonable time frame within which the required information to cure the application deficiency is to be provided. If the curative information is not provided within such time frame, the application will be considered withdrawn or closed.

(Ord. No. 3075-17 , § 10, 4-24-17)