§ 18.10.030. Communications tower and antenna permitted as a conditional use.

A.

Districts in which conditional uses are permitted; height limitations.

Zoning Districts	Permitted Height—Free-Standing or Guyed Tower
Rural Residential	Free-standing tower with height not exceeding 180 feet is a permitted conditional use
Commercial	Free-standing or guyed tower with height not exceeding 150 feet is a permitted conditional use
Industrial	Free-standing or guyed tower with height not exceeding 150 feet is a permitted conditional use
Conservation	Free-standing or guyed tower with height not exceeding 180 feet is a permitted conditional use
Planned Development	Tower with height specified in approved plan is permitted under conditions set forth in plan
	Permitted Height Above Structure
All districts	Tower and/or antenna mounted on building, water tank or structure other than a free-standing or guyed communications tower must not extend more than 30 feet above the highest part of the structure
	Special Exceptions and Variances
All districts except planned development	Free-standing or guyed tower and/or antenna exceeding height limitations may be permitted by the planning and zoning commission as a special exception See requirements for special exceptions in Section 18.10.040
All districts	Variances from conditions imposed by this section may not be granted by the planning and zoning commission

 

 

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B.

Application Requirements. The applicant for a conditional use zoning permit for construction of a communications tower or placement of a commercial telecommunication antenna on an existing structure other than a tower previously permitted must file with the city planner an application accompanied by a fee of five hundred dollars ($500.00) and the following documents, if applicable:

1.

Specifications. One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material;

2.

Site Plan. A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property (site plan not required if antenna is to be mounted on an approved existing structure);

3.

Tower Location Map. A current map, or update for an existing map on file, showing locations of applicant's antennae, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the city;

4.

Antenna Capacity; Wind Load. A report from a structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards;

5.

Antenna Owners. Identification of the owners of all antennae and equipment to be located on the site;

6.

Owner Authorization. Written authorization from the site owner for the application;

7.

FCC License. Evidence that a valid FCC license for the proposed activity has been issued;

8.

Visual Impact Analysis. A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts;

9.

Removal Agreement. A written agreement to remove the tower and/or antenna within one hundred eighty (180) days after cessation of use;

10.

Conditions Met. Evidence that applicable conditions in subsection C are met; and

11.

Additional Information. Additional information required by the city planner for determination that all applicable zoning regulations are met.

C.

Conditions. Applicant must show that all applicable conditions are met:

1.

Location, Visual Impact. The proposed communications tower, antenna or accessory structure will be placed in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and applicant's technical design requirements.

2.

Inability to Locate on Existing Structure. Applicant must show that a proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirements without unreasonable modifications on any existing structure or tower under the control of applicant.

3.

Necessity for Location in Residential District. Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a non-residential district for valid technical reasons.

4.

Public Property or Other Private Property Not Suitable. Prior to consideration of a permit for location on private property which must be acquired, applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.

5.

Design for Multiple Use. Applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements.

6.

Safety Codes Met. Applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.

7.

Paint; Illumination. A communications tower must not be painted or illuminated unless otherwise provided by state or federal regulations.

8.

Distance from Existing Tower. A permit for a proposed tower site within one thousand (1,000) feet of an existing tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained.

9.

Indemnity; Claim Resolution. Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the city planner a written indemnification of the municipality and proof of liability insurance or financial ability to respond to claims up to one million dollars ($1,000,000.00) in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipal attorney.

10.

Application of Zoning Regulations. Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section apply.

11.

Minimum Setbacks. A tower must be a minimum distance equal to one-half the height of the tower from property designated historic or architecturally significant, and must be set back from all lot lines by fifteen (15) feet.

D.

Appeal to Commission. Applicant may appeal to the planning and zoning commission as follows:

1.

Time Limit for Action by Zoning Administrator on Complete Application. Failure of the city planner to act on an application which is determined to be complete under this section within forty-five (45) days, unless extended by agreement, may be considered by applicant to be a denial of a permit which is subject to appeal to the board of zoning appeals.

2.

Variance. Applicant may appeal to the planning and zoning commission for a variance from general zoning district regulations and setback requirements in this section, but not from any other conditions in this section. Towers exceeding height limitations may be permitted only by special exception pursuant to Section 18.10.040.

3.

Special Exception. Applicant may apply directly to the planning and zoning commission for a permit for any tower as a special exception pursuant to Section 18.10.040.

(Ord. No. 17-06-07, § 3)