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    Sec. 35.1-83. Development and Approval of Towers.

     

    Sec. 35.1-83. Development and approval of towers.
     
    (a) A tower and associated telecommunications facilities shall be a permitted use of land in business and industrial districts (B-1 through B3, B-5, and I-1 through I-3). A conditional use permit from the city council shall be required for applicants seeking to locate towers, regardless of height, and related telecommunications facilities, in business districts zoned as B-4 and B-6 and in conservation and residential districts designated R-C through R-5. No structure, regardless of design or material, shall be permitted in any residential district as a telecommunications facility, except small equipment cabinets located on the tower or on the ground immediately adjacent to a telecommunications facility, provided they do not exceed seventy-two cubic feet above ground, and six feet in height. If another company collocates its antenna on the same tower, each company is permitted to have a small equipment cabinet of this size. Any proposal exceeding these parameters shall be subject to review by the city council as part of a conditional use permit application. Application shall be made to the division of planning in the manner provided in Section 35.1-15 of the city code. In districts for which a conditional use permit is required, the city council shall make its decision to grant or deny such permit in writing and in a manner consistent with applicable state and federal law.
     
    (b) Existing towers are exempt from the maximum height restrictions of the districts where located. New towers shall not exceed a maximum height of fifty (50) feet in any residential district, one hundred (100) feet in a B-1 district, or one hundred fifty (150) feet in any other commercial or industrial district, unless the city council approves a conditional use permit authorizing a maximum height in excess of these limits
     
    (c) The city may authorize the use of city property in appropriately zoned districts in accordance with the procedures of the city charter and code. The city shall have no obligation whatsoever to use city property for such purposes.
     
    (d) No new tower shall be built, constructed, or erected in the city unless such tower, including the ground area for associated telecommunications facilities, is capable of supporting another person's operating telecommunications facilities comparable in weight, size, and surface area to the applicant's telecommunications facilities. For purposes of this section, the "applicant's facilities" shall mean those installed within six months of completion of tower construction. These provisions are encouraged for, but need not apply to, towers no greater than 50 feet in height.
     
    (e) An application to develop a tower shall include:
     
    (1) The name, address, and telephone number of the applicant. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner, and the name, address, telephone number of the owner, shall be evidenced in the application. The application shall also contain an affirmative statement indicating that both the owner and applicant are aware of and agree to comply with the provisions in Sec. 35.1-100 regarding abandonment.
     
    (2) The legal description, valuation map number, and address of the parcel of land upon which the tower is situated.
     
    (3) The names, addresses, and telephone numbers of all tower owners with towers or usable antenna support structures within a one (1) mile radius of the proposed new tower site, including city-owned property.
     
    (4) Written documentation that the applicant made diligent, but unsuccessful, efforts for permission to install or collocate the applicant's telecommunications facilities on city-owned towers or usable antenna support structures located within a one (1) mile radius of the proposed tower site.
     
    (5) Written documentation that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on existing or proposed towers, and their ground area, or usable support structures owned by other persons located within a one (1) mile radius of the proposed tower site.
     
    (6) Written, technical evidence from a radio frequency engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structure located within a one (1) mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system.
     
    (7) Written, technical evidence from a structural engineer that the proposed structure meets the standards set forth in this code, including but not limited to the requirements set forth in Secs. 35.1-83(d) and 35.1-86.
     
    (8) Written, technical evidence from a radio frequency engineer that the proposed facilities meet the standards set forth in this code, including, but not limited to, the requirements set forth in Sec. 35.1-84.
     
    (9) Written, technical evidence from an electrical engineer that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.
     
    (10) A map of the city and the first half-mile of all bordering communities showing the design of the applicant's entire existing or proposed wireless telecommunications network. Such map shall, at minimum, indicate the general location of all proposed or existing tower and antenna sites, their dimensions, specifications, and signal area coverage.
     
    (11) Color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property or properties and from adjacent roadways.
     
    (12) An application fee that represents the site development plan fee and conditional use fee otherwise required. The city reserves the right to employ an outside consultant to review any application. The applicant shall reimburse the city for the reasonable expenses related to such review as an additional application fee.
     
    (13) A site plan, including a description of the lot lines, set backs, location of adjacent structures, proposed location of the tower, separation distances, proposed tower height, landscaping, screening, access, parking, and security.
     
    (14) An acknowledgment that the applicant currently complies and will continue to comply with all FCC standards, including reporting requirements regarding radio frequency emissions.
     
    (15) When seeking approval of a telecommunication tower or facility, the applicant shall furnish written documentation that:
     
    a. The proposed communication tower is reasonably necessary to serve an adjacent residential area or areas;
     
    b. Any variance (or conditional use permit) sought is the minimum necessary to address the need for the variance (or conditional use permit), subsequent to exploring all reasonable siting alternatives;
     
    c. The location of the communication tower in relation to the existing structures, trees and other visual buffers shall minimize, to the greatest extent reasonably practicable under the circumstances, any impact on affected residentially zoned property;
     
    d. The location of the communication tower will not have a significant detrimental impact on adjacent property values; and
     
    e. Any other factors that the applicant deems to be relevant to the City's consideration of a tower or facility siting.
     
    (f) All information submitted with an application that is trade secret information or is for other reasons proprietary shall be clearly marked as such when submitted with an application. The city shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, state, or local law. (Ord. No. O-97-246, 12-9-97; Ord. No. O-00-007, 01-11-00)
     
    Last updated date: 10/23/2006 4:15:21 PM