29-101. Radio or television towers, communication towers, microwave transmitting and/or receiving towers and/or stations, radio antennas, commercial satellite earth stations and similar appurtenances, collectively referred to in this Article as “towers” or “towers and similar structures,” may be allowed pursuant to issuance of a Conditional Use Permit, when such conditional use is provided for in the relevant district regulations, and subject further to the following requirements:

(a)   Applicant shall present satisfactory proof that the proposed location and use is reasonably necessary.

(b)   None of the above uses shall be required to comply fully with the lot size and height regulations of the zoning district in which they are located except as may be required by the conditions imposed upon the applicant.

(c)   Structures for the above uses must be set back from all adjacent property lines and streets a distance equal to not less than its height plus fifty (50) feet. The Zoning Administrator may approve a shorter distance reasonably necessary to protect adjoining property and public safety.

(d)   Applicant must document that no co-location on an existing tower or other structure exists within five (5) miles of the proposed location is feasible or that efforts were made to locate on existing towers or other structures but such efforts were not successful. Documentation of fulfillment of this requirement shall be placed in the record by affidavit of the applicant or intended user of the tower, who shall also submit a tower propagation map for a geographic area as determined by the Zoning Administrator. At the request of the Planning Commission additional evidence in the form of testimony may be required from the applicant or intended user of the tower.

(e)   All proposed communication towers 150 feet or less in height, not including lightning rod, shall be designed to accommodate at least one (1) additional PCS/Cellular or other similar platform. All proposed communication towers in excess of 150 feet shall be designated to accommodate at least two (2) additional PCS/Cellular or other similar platforms.

(f)    Any application for a proposed tower in excess of 150 feet in height shall include documentation regarding the necessity for the proposed height from a licensed professional engineer. Such documentation shall be in the form of an affidavit acceptable to the Planning Commission and signed by that engineer. At the request of the Planning Commission additional evidence in the form of testimony may be required from the engineer.

(g)   The tower and accessory equipment must meet all requirements of the Federal Aviation Administration. To the extent allowed by such requirements, any required lighting for such tower shall be red during time of darkness.

(h)   No permit shall be approved for a term in excess of five years. Six months prior to the end of the term of the approved permit the Planning Commission shall hold a public hearing on the renewal of the permit, unless at such time the permit holder advises the Zoning Administrator, in writing, that a renewal of the permit is not desired. At such hearing the Planning Commission will make findings as to: (1) the permit holder's compliance with the terms and conditions of the permit; (2) requests that have been accepted and rejected by the permit holder for co-location on the subject tower; and (3) whether any change in circumstance or condition relative to the tower and/or the surrounding neighborhood requires reconsideration of any of the factors for consideration set out at section 29-801.

29-201. Security fences must be constructed around or upon parcels containing towers and similar structures. Screening is not required of towers.

29-301. All landscaping on parcels containing towers or similar structures shall be in accordance with the applicable setback requirements in the zoning district where the tower or similar structures are located. Existing vegetation shall be maintained to the extent possible. Additional landscaping may be required as part of the Conditional Use Permit if such would make the tower or similar structures more compatible with the surrounding area.

29-401. All towers must be secured to protect against trespass or unauthorized use of the property, tower or similar structures.

29-501. All parcels upon which towers are located must provide access to at least two (2) vehicular parking spaces located within one hundred feet (100’) of the tower.

29-601.

(a)   Permittees shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(b)   Permittees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the adopted electrical code of the City.

(c)   All towers, telecommunications facilities and similar structures shall at all times be kept and maintained in good condition, order, and repair so as not to menace or endanger public health or safety.

29-701. All permittees shall make every reasonable effort to design and construct new towers and similar structures to blend into the character and environment of the area in which they are located, including the use of camouflage techniques and side mounting antennas.

29-801.

(a)   Except as hereinafter otherwise provided a Conditional Use Permit application for a telecommunication tower shall be subject to the same procedures for consideration and action as applies to any other Conditional Use Permit application pursuant to Article 26 of these regulations.

(b)   In lieu of the factors for consideration of a Conditional Use Permit application under Article 26 of these regulations, the Planning Commission may recommend approval of a Conditional Use Permit, and the Governing Body may approve such permit for a telecommunications tower, using the following factors as guidelines:

1.     Whether approval of the conditional use would be consistent with the intent and purpose of, and meets the requirements of, these regulations;

2.     The aesthetic impact of the proposed telecommunications tower on the surrounding neighborhood;

3.     Whether the relative gain to the public health, safety and general welfare outweighs the hardship imposed upon the applicant by not granting the permit;

4.     Whether the positions of the applicant and/or the opponents are substantiated by substantial competent evidence or rather generalized concerns or unsubstantiated claims are made to the Planning Commission and/or Governing Body;

5.     Whether an FCC license has been granted to the applicant authorizing provision of wireless services to the community and whether radio frequency emissions will comply with FCC regulations;

6.     Whether there is an existing tower upon which the applicant can co-locate and if so, what substantiated efforts have been made by applicant for co-location and upon what basis were any such towers deemed unacceptable by the applicant;

7.     Whether the tower will adversely impact adjoining property values, present a hazard to air space, negatively impact the environment, traffic or in any other manner create negative impacts upon the neighborhood or community;

8.     The recommendation of planning staff;

9.     The expert testimony presented on behalf of and in opposition to the application; and

10.   Such other factors as may be relevant to the facts and evidence presented in the application.

(c)   Consideration of an application for a Conditional Use Permit for a telecommunications tower shall be considered and acted upon by the Planning Commission and Governing Body in adherence to the limitations upon local authorities set out in the National Wireless Telecommunications Siting Policy, Section 332(c), 47 U.S.C. 332(c) which provides in part that the regulation of the placement, construction and modification of personal wireless service facilities by a local government shall not unreasonably discriminate among providers of functionally equivalent services; and shall not prohibit nor have the effect of prohibiting the provision of personal wireless services. Further, the siting policy provides that a local government shall act on any request for authorization to place, construct or modify personal wireless service facilities within a reasonable period of time after the request is duly filed, taking into account the nature and scope of such request. Further that any decision by a local government to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. And further that no local government may regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC’s regulations concerning such emissions.

29-901. A permittee shall certify in writing that its tower is structurally sound and conforms to the requirements of the applicable state law and all other construction standards set forth by the City, federal and state law by filing, by January 1st of every fifth year following the date of the grant of its tower permit, a sworn statement by the permittee to that effect. All permittees or owners of towers in existence on the effective date of these regulations shall submit a statement by July 1, 2005, and by January 1st every five years thereafter that said tower is free from hazards and that the tower does not pose an imminent threat to the surrounding area or public health and safety. Together with this statement every permittee shall provide a certificate of liability insurance for not less than $500,000.00 coverage for injury to persons or property as a result of any tower failure or malfunction or defect. Permittee shall list the Zoning Administrator as a party who must be notified should this insurance be canceled or discontinued for any reason, thirty (30) days before the expiration of coverage.

29-1001. The Governing Body may at any time revoke a permit for failure to comply with the provisions of these regulations. To properly revoke a permit, the Governing Body must comply with the procedures set forth below:

(a)   The Governing Body shall provide permittee with written notice of a cause for revocation and the intent to revoke and shall allow permittee sixty (60) days from the date of receipt of the notice in which to correct the violation or to provide adequate assurance of compliance. Together with that notice, the Governing Body shall provide permittee with written findings of fact which are the basis of the revocation.

(b)   The Governing Body shall provide the permittee with the right to a public hearing before the Governing Body, which public hearing shall follow sixty (60) day notice. All interested parties shall be allowed an opportunity to be heard at the public hearing and present evidence.

(c)   Within thirty (30) days after the public hearing date the Governing Body shall issue a written order setting forth its findings of fact and conclusions of law forming the basis for its decision.

(d)   Upon written determination by the Governing Body to revoke a permit, the permittee may appeal the decision to the Franklin County District Court.

(e)   Upon permittee's failure to correct a violation, the Governing Body may issue an order to disconnect utilities to said tower to any utility company providing same. No order shall be issued prior to thirty (30) days from the date of the Governing Body's written determination. The order shall be served upon the chief executive officer of the utility company, together with the permittee at the last known address, and have attached to it the findings of the Governing Body.

29-1101. A tower permit may not be sold, transferred, leased or assigned by any other person without the consent of the Governing Body, such consent not to be unreasonably withheld.

29-1201.

(a)   In the event the use of any tower has been discontinued for a period of one (1) year, or in the event that a permittee has taken no action within one-hundred eighty (180) days after the revocation of a tower permit, the tower shall be deemed abandoned.

(b)   The Governing Body shall provide the tower owner three (3) months notice and an opportunity to be heard by the Governing Body, before initiating an abandonment action.