§ 11.17. Existing towers.

(a)

[Accommodating colocation.] An existing tower may be modified or demolished and rebuilt to accommodate colocation of additional telecommunications facilities as follows:

(1)

Towers shall be a permitted use only in zoning districts B, C, or M or on publicly owned property. A tower shall be a prohibited use in all other areas of the city.

(2)

No person shall build, erect, or construct a tower upon any plot of land within any zoning district set forth above unless required building permits and approvals have been obtained from the city planning commission and building inspector.

(3)

The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the current height of the tower or the maximum height allowed under this article. Certification by a structural engineer shall be required to meet colocation standards.

(4)

A tower which is being rebuilt to accommodate the colocation of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this article. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this article, such setback requirement may be waived to allow the tower to be rebuilt in its exact previous location, or within a twenty-five-foot radius of the previous location.

(b)

Criteria for site development modifications.

(1)

The city planning commission may grant approval of a site plan development modification if a person, upon application to the city, demonstrates with written evidence that:

a.

The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located; and

b.

The site plan development modification will not create any threat to the public health, safety or welfare.

(2)

In addition to the requirements of subparagraph (a)[(1)] of this section, in the following cases, the applicant must also demonstrate with written evidence, the following:

a.

In the case of a requested modification to the setback requirement, that the area of the parcel of land upon which the tower is proposed to be located makes compliance with subsection 4 [section 11.5] impossible, and the only alternative for the person is to locate the tower at another site which poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land;

b.

In the case of a request for modification of the height limit in a zoning district for towers and telecommunications facilities, that the modification is necessary to:

i.

Facilitate colocation of telecommunications facilities in order to avoid construction of a new tower; or

ii.

Meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an electrical engineer(s).

c.

The board of adjustment may waive or modify the requirements of [sections or] subsections [dealing with the following:] development of towers, maximum height of towers, setbacks, separation or buffer requirements, fencing, landscaping, access, and telecommunications facilities on antenna support structures.

(Ord. No. 566, 7-2-2002)