§ 122-70. Wireless communication towers and antennas.

(a)

Background.

(1)

The city has received or expects to receive requests to site wireless communication towers (hereinafter referred to as towers) and antennas (hereinafter referred to as antennas) within its corporate boundaries;

(2)

The city finds that it is in the public interest to permit towers, antennas and the collocation of antennas on alternative structures within those boundaries;

(3)

It is the city's intent to permit the location of towers and antennas within its boundaries;

(4)

It is the city's intent to protect and promote the public health, safety or welfare by regulating the location of towers and antennas within its boundaries; and

(5)

The city has determined that the presence of numerous towers, particularly if located within residential and historic preservation zoning districts, would decrease the attractiveness and have an adverse impact on the intent, purpose, character and integrity of such districts.

(b)

Purpose and intent. The provisions of this section are intended to enable the city to accomplish the following:

(1)

Authorize the installation of towers and antennas required for the operation of wireless communication systems within the city's corporate boundaries;

(2)

Protect and promote the public health, safety or welfare of the city and its residents;

(3)

Minimize the total number of towers and antennas throughout the city;

(4)

Provide for the location of towers and antennas in commercial and industrial districts;

(5)

Promote:

a.

The placement of antennas on alternative tower structures;

b.

The joint use of existing tower sites; and

c.

The collocation of antennas on existing towers and alternative tower structures rather than the construction of additional towers;

(6)

Promote the location of towers and antennas in areas where their potential for creating an adverse impact on the city is minimal;

(7)

Promote effective and efficient telecommunications and data communications services;

(8)

Minimize the adverse impacts of technological obsolescence of towers, antennas and operating facilities by requiring the removal of abandoned towers, antennas and facilities; and

(9)

Minimize the negative visual impact of towers, antennas, and buildings housing operating equipment and equipment cabinets, on neighborhoods, community landmarks, and historic sites and buildings, by utilizing careful design, siting, landscaping, screening and innovative camouflaging techniques.

(c)

Applicability.

(1)

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

(2)

All new wireless communications towers and antennas and the collocation of new antennas on existing towers and alternative structures shall be subject to the provisions of this section.

(3)

Any tower or antenna that is owned and operated by a federally-licensed amateur radio station, or is used exclusively for receive-only data, voice or television reception shall not be subject to the provisions of this section.

(d)

Definitions.

Alternative tower structure: Buildings, water towers, bell steeples, church spires, light poles, elevator bulkheads and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna: Any exterior transmitting or receiving device mounted on a tower, building or alternative tower structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, radar signals, wireless communications signals or other communication signals.

Height: For the purpose of this section, and when referring to a tower or other building or structure upon which an antenna is mounted, the distance measured from finished grade of the lot at the center of the front of the tower or other building or structure to the highest point on the tower or other building or structure, including the base pad and any antenna.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed lattice towers, or monopole towers, used for the transmission or reception of radio, telephone, cellular or digital telephone, television, microwave or any other form of telecommunication signals. The term includes the structure and any support for the structure.

(e)

Special use approval required. The location of new towers, or new antennas on alternative tower structures, shall be permitted subject to special use approval in accordance with the provisions of article XVI, except as provided in section 122-70(h).

(f)

Administrative review. Collocating new antennas on existing towers or additional antennas on existing alternative tower structures shall be permitted subject to administrative review by planning department staff and subject to the standards for collocation in accordance with the provision of this section.

(g)

Location.

(1)

New towers are permitted as a special, use in the C-2B, M-1, and M-2 districts.

(2)

The collocation of wireless communication antennas on alternative tower structures is permitted in all districts subject to special approval in accordance with the provisions of article XVI.

(h)

General regulations. In addition to the other provisions of this article and the standards applicable to the review and approval of special uses under section 122-357, all wireless communication facilities regulated by this article shall be subject to the following regulations:

(1)

Wireless communication towers, antennas, accessory buildings and cabinets housing operating equipment shall be designed to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surrounding buildings and uses.

(2)

New towers shall not exceed 120 feet in height. Existing towers shall not be modified so as to exceed 120 feet in height.

(3)

All new towers shall be designed and constructed to accommodate the collocation of additional antennas.

(4)

Buildings and cabinets housing operating equipment shall not exceed 12 feet in height.

(5)

New towers, as well as buildings and cabinets housing operating equipment, shall be set back 100 feet from the lot line that separates the lot on which the facility is located from any lot in a residential or waterfront zoning district. In all other cases towers, buildings and cabinets shall comply with the setback regulations for the zoning district in which they area located.

(6)

Driveways for service vehicles shall be provided and paved in accordance with the regulations of subsection 122-381(b)(5).

(7)

Wireless communication towers may be located as individual uses on individual lots, or as an additional use on a leased portion of a lot provided that compliance with the provisions of this article can be attained. The division of a lot for the purpose of siting a tower is permitted subject to the lot size, lot width and other applicable zoning district regulations.

(8)

Roof-mounted buildings and cabinets housing operating equipment shall be designed or screened so as to be architecturally compatible with the building on which they are located.

(9)

Advertising signs shall not be allowed on an antennas, towers or on the exterior of buildings or cabinets housing operating equipment or on fences enclosing antenna or tower facilities.

(i)

Removal of abandoned and obsolete wireless communication facilities. Wireless communication facilities shall be removed by their owners within six months of the date on which such facilities are no longer used or which become obsolete for the purpose or purposes for which they were granted special use.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 7, 12-15-08)