§ 40-546. Wireless telecommunication equipment and facilities.
(a)
Decisions on applications for wireless service; special use. Decisions on applications for wireless service facilities shall be made within a reasonable period of time, which means generally that such decisions shall be processed in roughly the same amount of time required for other special use applications. Applications that do not require a special use permit shall be acted upon by the Planning Commission within 30 days of the date the application is considered by the Planning Commission to be complete.
(b)
Application for wireless telecommunication towers; supplemental information. Each application for a wireless telecommunication tower shall include the following, which are in addition to the information required for special use applications generally, if required:
(1)
A recorded plat or boundary survey.
(2)
A site plan, based on with topographical information.
(3)
An elevation view, perspective drawing, or simulated photograph of how the proposed telecommunication tower will look from public rights-of-way and surrounding residential streets from which it will be visible once constructed.
(4)
Supporting engineering calculations and information which provide evidence of need and document radio frequency range, coverage area, and tower height requirements. The application must specifically address whether there is a technically suitable space available on an existing tower or other location within the search area (i.e., the grid for the placement of the antenna), and such information shall specifically include the location of all existing towers within a one-mile radius of the site proposed.
(c)
Performance and construction standards. Performance and construction standards include the following:
(1)
Structural design. New communication towers or poles and antennae, and modifications to existing structures (including, without limitation, the addition of height, antennae or providers), shall be constructed in accordance with applicable federal, state and local regulations.
(2)
Placement restrictions. Towers occupying a lot as a principal use shall meet, at minimum, the minimum lot size and setback requirements for the zoning district in which the lot is located. Towers shall be a minimum of 300 feet from any residential zoning district and a minimum of 500 feet from any single-family residence. The tower shall also be set back from property lines a distance equal to or greater than the tower height. All towers shall be located at least one-third of their height in feet from any public right-of-way. All accessory structures will meet the normal setbacks for the districts in which they are located. When the tower is on property leased, the setbacks shall apply to the lot of record, not the lease boundaries.
(3)
Screening. The visual impacts of a communication tower at the ground level shall be mitigated by landscaping. All towers and accessory structures shall be surrounded on the ground by a minimum ten foot wide landscape strip or buffer that forms a hardy screen dense enough to interrupt vision and shield the base and accessory structures from public view and view from the surrounding properties. The buffer shall consist of evergreens that will reach a minimum height of at least eight feet within three years.
(4)
Fencing. A black vinyl-coated chain link fence or wall not less than six feet in height from finished grade shall be provided around each communication tower or pole. Access to the tower or pole shall be through a locked gate. The tower or pole shall be equipped with an appropriate anti-climbing device, unless the Planning Commission waives this requirement for alternative tower structures.
(5)
Height.
a.
Through approval of a special use application, when one is required, the height of the tower may exceed the maximum height limit of the zoning district in which it is located, up to a height of 200 feet, subject to the limitations of this subsection. If a special use application is not required for erection of the tower, and if the tower is to be placed in an OCC, OCF or C zoning district in a manner that exceeds the maximum height for the zoning district, then the applicant may exceed the height limitation of the applicable zoning district only through a zoning variance process. Towers shall be the minimum height necessary to provide parity with existing similar tower-supported antenna. No tower, pole, or antenna, whether freestanding or attached to a building or structure, shall exceed 200 feet in height from ground level unless a zoning variance is obtained.
b.
To prevail in any variance application to exceed established maximum height limitations of this subsection or the zoning district in which it is located, the applicant must successfully demonstrate why the prescribed maximum height is insufficient to provide adequate service, or that a taller tower will be in the community's interest by avoiding the construction of one or more additional towers at a new location.
(6)
Color and materials.
a.
Communication towers not required to be painted or marked by the Federal Aviation Administration shall have either galvanized steel finish or be painted non-contrasting color approved by the Mayor and City Council to minimize the equipment's visibility.
b.
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 or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(7)
Signs and advertising. No advertising is permitted on a tower or antenna. However, towers shall have mounted in a conspicuous place a sign of at least one square foot in area but not more than four square feet in area, identifying the facility's owner and providing a means of contact in the event of an emergency.
(8)
Co-location. Proposed communication antennas may and are encouraged to co-locate onto existing communication towers. New or additional special use approval is not required for the addition of an antenna to an existing approved tower or pole. All towers over 100 feet in height shall have structural capacity and ground or interior space to accommodate multiple users. Towers up to 160 feet shall accommodate at least three users, and towers over 160 feet shall accommodate at least five users.
(Code 1997, § 40-723; Ord. of 2-6-2012, § 1(40-723))