Item 3 - PH/Ord. on Cell Towers - Laserfiche WebLink

Home Browse Search

2. The pre-existing transmission'tower that is within 2,000 feet of ' the proposed tower cannot be modified to accommodate another provider; and 3. There are no available buildings, light Or utility poles, or water ' towers on which antennas may be located and still provide the approximate coverage the tower is intended to provide. (c) The city may grant a variance to the setback and undergrounding requirements of subsections (7)(d) or (8) upon finding that stealth design, proposed landscaping, configuration of the site, or the presence of mature trees obviates the need for compliance. (d) The city:may grant a variance to the 75 foot height limitation in the R-1 zone to a maximum of 100 feet providing the applicant demonstrates that a transmission tower taller than 75 feet will directly eliminate the need for 1 or more additional transmission towers in an R-t zone. (e) If the proposed transmission tower or ancillary facility requires site revieTM or a conditional use permit, the request for variance shall be considered as part of the site review or conditional use .permit process. If the proposed transmission tower or ancillary facility is an outright permitted use, the request for a variance shall be processed pursuant to Type II application procedures beginning at EC 9.7200 General Overview of Type II Application Procedures except that the decision shall be based on the criteria in this section. (10) Removal of Facilities. (a) All transmission towers and antennas shall be removed by the person who. constructed the facility, by the person who operates the facility, or by the property owner, within 6 months of the time that the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices. The city manager may grant a 6-month ·extension where a written request has been filed, within the initial 6-month period, to reuse the tower or antennas. (b) If a transmission tower is located within an R-l, PL, C-1 or GO zone, the provisions of sUbparagraph (a) also shall apply to the tower substructure and all above ground ancillary facilities. (c) The city may require the posting of an open ended bond before development permit issuance to insure removal of the transmission tower, substructure or antennas after the facility no longer is being used. (.11) Fees. Notwithstanding any other provisiOn of this code, the city manager may require, as part of application fees for building or land use permits for telecommunication facilities, an amount sufficient to recover all of the city's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification . requires telecommunications expertise. (Section 9.5750, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.) 9.5800 Tempora~y..Activity_S_l~9._cja_.!.Deyelo_i~men_t Standards.. IV-136