§ 21-236. Approval of communication towers by the planning commission.

(a)

Documentation required. In addition to any information required for requests for special approvals pursuant to article VII, applicants shall submit the following information:

(1)

A site plan, scaled at a standard engineering scale, clearly indicating the location, type and height of proposed tower, on-site land uses and zoning, adjacent land uses and zoning, comprehensive plan land use designation of the site and all properties within the applicable separation distances as set forth in Tables 3.6 and 3.7 of this section [section 21-235]; adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of proposed tower and any other structures, topography, parking, and any other information deemed by the City to be necessary to assess compliance with this section;

(2)

Legal description of the parent tract and leased parcel (if applicable);

(3)

The separation distance between the proposed tower and nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;

(4)

The separation distance from other existing towers; within one (1) mile of the site including information about the location, height and design of each tower; all to be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known;

(5)

A proposed landscape plan showing specific landscape materials;

(6)

Method of fencing, finished color, and if applicable, the method of camouflage and illumination;

(7)

A notarized statement of the applicant as to whether construction of the tower will accommodate collocation of additional communication antennas for future users;

(8)

A map or site sketch identifying the applicant's existing communication towers and communication antennas, if any, within the City;

(9)

A description of suitability of the use of existing towers, or other structures not requiring the use of a new tower, which may be used to provide the proposed services as an alternative to a new tower;

(10)

A description of compliance with the lot coverage, setbacks, aesthetics, and separation distances, as required by this section; and

(11)

A description of the applicant's authorized radio frequencies.

(b)

Factors considered for special approvals for towers. In determining whether to grant a special approval, the Planning Commission shall consider the following factors:

(1)

Height of the proposed tower;

(2)

Proximity of the tower to residential structures and residential district boundaries;

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

Design of the tower and particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, such as camouflaged construction;

(7)

Proposed ingress and egress;

(8)

Availability of suitable existing towers, other structures not requiring the use of towers; and

(9)

The Planning Commission shall not consider the environmental effects of radio frequency emissions, to the extent that the proposed tower, and attached communication antennas and related structures comply with the FCC's regulations concerning such emissions.

(c)

Availability of suitable existing towers, or other structures. No special approval shall be granted for a new tower unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed communication antenna(s). In this regard, an applicant shall submit information, which may consist of the following:

(1)

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed communication antenna and related equipment.

(4)

The applicant's proposed communication antenna would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed communication antenna.

(5)

The fees, costs, contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates that there are other limiting factors that render existing tower and structures unsuitable.

(d)

Denial of special approval. Any decision of the Planning Commission to deny a request for special approval for a communication tower shall be in writing and supported by competent, substantial evidence contained in a written record.

(Ord. No. O-00-09, Art. 3 (3.11.03.06), 4-24-00; Ord. No. O-01-55, § 5, 10-8-01; Ord. No. O-12-20, § 2, 5-29-12)