A. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

B. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of all existing towers, antennas, or sites within five miles of the proposed location for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The development services department shall maintain a map and database with the above information available for public review and purchase; however, the accuracy of the information is subject to change. It shall be the responsibility of the applicant to verify and update any information provided by the city.

C. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

D. Lighting. Towers shall not be artificially lit, unless required by the FAA or other applicable authority, or as otherwise approved by the city council. If lighting is required for ground equipment, a lighting plan shall be submitted in accordance to MCC 17.30.130.

E. Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) and by the Telecommunications Industries Association (TIA), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards, or as otherwise specified in writing by the building official. Failure to bring such tower into compliance within said 30 days, or as otherwise specified, shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

F. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

G. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities, unless the tower and antennas’ sole purpose is to provide government sanctioned public safety communications.

H. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the city.

I. Signs. No signs shall be allowed on an antenna, a tower, or any portion of the premises leased for wireless telecommunication use, except for a permanent, weather-proof identification sign, approximately 16 inches by 32 inches in size, must be placed on the gate of the fence or wall surrounding the facility or, if there is no fence or wall, on the facility itself. The sign must identify the facility operator(s), provide the operator’s address, and specify a 24-hour telephone number for reaching the operator or an agent authorized to provide 24/7 response to emergency situations.

J. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the following requirements:

K. Design Standards. Antennas, antenna support structures, and related equipment shall be located, designed, and screened to integrate and complement the existing natural or built surroundings and existing supporting structures.

L. Co-Location and Multiple Antenna/Tower Plan. The city encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications which utilize co-location with an existing wireless telecommunications provider.

M. Modification of Building Size Requirements. The requirements of this chapter may be modified by the city council in the case of uses permitted by conditional use to encourage co-location.

N. Site Security. Outdoor ground equipment shall be enclosed with a maximum eight-foot-high masonry wall, shall be constructed of a block or masonry, or secured in a method as otherwise determined by the zoning administrator. All towers shall be equipped with an anti-climbing device.

O. Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the city council may reduce or waive such requirements if the goals of this chapter would be better served thereby:

P. Parking. A minimum of one nine-foot-by-18-foot off-street parking shall be required for the ongoing and maintenance of the facility. Parking and maneuvering areas shall be surfaced with approved all-weather access as determined by the city engineer.

Q. Noise. No permit (conditional or administrative use permit) shall be issued for any facility which generates a noise level greater than 50 decibels (dB) as measured at the edge of the property upon which such facility is sited.

R. Term. In the event a building permit is not received within two years or as otherwise stipulated, or reasonable effort is not made to receive a building permit as determined by the zoning administrator, the administrative use permit or conditional use permit shall expire. Each administrative use permit or conditional use permit issued shall be for a period of five years for freestanding tower and antenna applications, and a period of 10 years for building-mounted antennas, alternative tower-mounted antennas, and stealth tower and antennas. At the end of the above specified term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the zoning administrator. The city shall notify the applicant in writing at least 90 days prior to the expiration date of the permit for the facility. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of this chapter. If a request for renewal of the required permit(s) is received, the permit shall remain in effect until a decision on the renewal is made. The renewal request shall be reviewed in a similar manner as the original approval. The review is to ensure that the facility is still in operation; that it has been properly maintained; that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified; and to determine if new technology exists to upgrade the facility to better meet the purpose, intent, goals and provisions of this chapter. If new technology exists that will allow the redesign or relocation of the facility to better meet the purpose, intent, goals and provisions of this chapter, then the facility must be redesigned and/or relocated accordingly. Failure to comply with this requirement may be considered grounds for denial of a new permit.

S. The city may add conditions to any new permits as necessary to advance a legitimate governmental interest related to health, safety, or welfare; provided, however, that any condition shall comply with applicable FCC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties. If a permit is not renewed, the city shall give the applicant written notice thereof together with the rationale on which the city’s decision was made. [Ord. 17-01 § 1; Res. 17-01; Ord. 14-12 § 1; Res. 14-36 § 412.03.]