K. - Communications towers and antennas.

1.

For the purpose of this ordinance, commercial communication towers shall include any pole, tower, tripod, telescoping mast, or any other structure, not to include a building or water tower, which supports a device used for the transmission, retransmission or reception of electronic signals or information for commercial use as interpreted by the zoning administrator.

2.

Commercial communication towers or commercial communication antennas otherwise conforming to all the applicable provisions of this ordinance may be permitted in any zoning district, subject to the special use permit process.

3.

Communication towers may also be subject to appropriate environmental or historic preservation review processes, including those required by Section 106 of the National Historic Preservation Act.

4.

Commercial communication antennas shall include any device that is designed, and/or adaptable, for mounting on preexisting or new structures, for example nonresidential buildings or water towers, and used for transmission, retransmission, or reception of electronic signals or information for commercial use as interpreted by the zoning administrator.

5.

A commercial antenna that is used for the one hundred eighty-degree transmission, retransmission or reception of electronic signals or information for commercial use shall be considered a directional or panel antenna.

6.

A commercial antenna that is used for the three hundred sixty-degree transmission, retransmission or reception of electronic signals or information for commercial use shall be considered an omni-directional or whip antenna.

7.

No telecommunication tower(s) shall be located within five hundred (500) feet of a residential zoning district unless the applicant can otherwise demonstrate by providing coverage, interference and capacity analysis that the proposed location of the antenna is necessary to meet the frequency reuse and spacing needs of the wireless telecommunications facility and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the tower(s) in a less sensitive area.

8.

Commercial communication tower(s) and supporting commercial communication antenna(s) are permitted subject to approval of a special use permit in the following locations regardless of the underlying zoning district:

a.

Church sites when camouflaged as steeples or bell towers.

b.

Park sites when compatible with the existing environment and nature of the park.

c.

Government, school, utility and institutional sites.

9.

The maximum height for commercial communication towers shall be one hundred fifty (150) feet, and the minimum setback distance from the base of the commercial communications tower to any property line or to any adjacent nonresidential structure shall be equal to one-half the height of the tower, unless the city manager or planning commission grants a waiver due to special or unusual characteristics as demonstrated by the applicant.

10.

The following general criteria shall be considered in determining the appropriateness of sites for commercial communication tower(s) and commercial communication antenna(s) when considering a special use permit:

a.

Whether the proposed tower is to be located in an area where it would be unobtrusive to surrounding uses and would not substantially detract from the local aesthetic or neighborhood character.

b.

Whether the application represents a request for multiple use of a proposed tower(s) as is recommended in the city's comprehensive plan.

c.

Whether the application exhibits how the site and the tower(s) and/or antenna(s) will be designed and arranged to accommodate future multiple users.

11.

Photo simulations of the "before and after" visual impacts of the tower(s) shall be submitted to the city with the special use permit application.

12.

Line of sight profiles depicting the proposed tower with attached antenna(s) and arrays from no fewer than three (3) locations, including all critical view-sheds determined by the zoning administrator, shall be submitted at the time of initial application for all towers in excess of fifty (50) feet.

13.

Directional or panel antenna may not exceed three (3) feet in width and six (6) feet in height per individual antenna, and must be either sufficiently screened so as not to be visible from a public right-of-way or camouflaged by the use of color, textures or materials so as to match the surface on which they are mounted.

14.

Omni-directional or whip antenna may not exceed three (3) feet in width and twenty (20) feet in height per individual antenna, and must be either sufficiently screened so as not to be visible from a public right-of-way or camouflaged by the use of color, textures or materials so as to match the surface on which they are mounted.

15.

In the event the tower(s) and antenna array(s) shall serve as the primary use of the property, any accessory facility or building greater than one hundred (100) square feet will be designed so as to be architecturally compatible with principal structures on the site and shall be compatible with the surrounding natural or built-up environment.

16.

No communications equipment shall be installed which will interfere in any way with the city's emergency communications system.

17.

Advertising or signage provided for any use other than to provide warning or equipment instruction and/or any other information pertinent to the safe operation of the facility on any portion of the tower and/or antenna or any other accessory facility shall be prohibited, and each tower shall maintain a gray or other neutral colored finish.

18.

Towers shall not be artificially lighted, unless required by the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required, the planning commission and the city council shall review the available lighting alternatives and approve the engineering design solution that would create the least visual disturbance to the surrounding area.

19.

Tower(s) and antenna(s) in excess of fifty (50) feet in height shall include screening as deemed necessary by the zoning administrator.

20.

The applicant shall possess a communication license issued by the FCC and any other federal regulatory agency as deemed necessary by the city, and the site selection, design and operation of the facility must meet all applicable state and federal requirements and regulations.

21.

If at any time the use of the tower(s) and/or antenna(s) ceases, the owner or lessee of the tower(s) and/or antenna(s) shall dismantle and remove it within six (6) months after ceasing to use it, unless:

a.

A binding lease agreement with another wireless communications provider on the same tower has been executed in which case an additional six (6) months shall be granted.

b.

The city requests, in writing, that the tower(s) and/or antenna(s) be reserved for city use.