§ 11.3. Development of towers.

(a)

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

(b)

No person shall build, erect or construct a tower upon any plot of land within any zoning district unless required building permits and approvals have been obtained from the city planning commission, building inspector or other city departments as may be required herein.

(c)

Towers shall be permitted to [a] height of one hundred eighty (180) feet. Towers may be permitted in excess of the maximum height if granted a variance by the board of adjustment.

(d)

The city may authorize the use of city property; however, the city shall have no obligation whatsoever to use city property for such purposes.

(e)

All new towers shall comply with colocation requirements and colocation shall be favored.

(f)

An application to develop a tower on any property that is not publicly owned property shall include:

(1)

The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.

(2)

The legal description, parcel identification number, key number and address of the parcel of land upon which the tower is situated.

(3)

The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-half-mile radius of the proposed new tower site, including city-owned property.

(4)

Written documentation that the applicant: (1) Made diligent, but unsuccessful efforts for a minimum of forty-five (45) days prior to the submission of the application to install or colocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by the city or other persons located within a one-half-mile radius of the proposed tower site; or (2) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or colocated on another person's tower or usable antenna support structure located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system.

(5)

Written, technical evidence from an engineer that the proposed structure meets the standards set forth in subsection 5 [section 11.6], "Structural requirements" of this section [article].

(6)

Written, technical evidence from an engineer that the proposed structure meets the standards set forth in subsection 5 [section 11.5], "Structural requirements" of this section [article].

(7)

A map of the city and the first half mile of all bordering communities showing the design and location of the applicant's entire existing wireless telecommunications network. Such map shall also show the location of the proposed tower and antenna sites which are the subject of the application, their dimensions, specifications of the site.

(8)

Certificate from an engineer documentation on colocation capability of the applicant's telecommunications tower.

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