§ 115-225. Special use permits.

(a)

General. The following provisions shall govern the issuance of special use permits:

(1)

A special use permit is required for the installation and construction of a tower or antenna in the M1 and C2 zoning districts.

(2)

In granting a special use permit, the Mayor and Council may impose zoning conditions to the extent the Mayor and Council concludes such conditions are necessary to buffer or otherwise minimize any adverse effect of the proposed tower on adjoining properties.

(3)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

(b)

Site plan. Each applicant requesting a special use permit under this article shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information the city determines is necessary to assess compliance with this article.

(c)

Factors considered in granting special use permits. The Mayor and Council shall consider the following factors in determining whether to issue a special use permit, although the Mayor and Council may waive or reduce the burden on the applicant of one or more of these criteria, if, in the sole discretion of the Mayor and Council, the goals of this article are better served thereby:

(1)

Height of the proposed tower;

(2)

Proximity of the tower to residential structures and residential district boundaries;

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

(7)

Availability of suitable existing towers and other structures as discussed in subsection (d) of this section.

(d)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Mayor and Council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed unreasonable.

(6)

Property owners or owners of existing towers or structures are unwilling to accommodate reasonably the applicant's needs.

(7)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(e)

Setbacks and separation. The following setbacks and separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Mayor and Council may, in its sole discretion, reduce the standard setbacks and separation requirements if the goals of this article would be better served thereby.

(1)

Towers must be set back a distance equal to the height of the tower from any offsite residential structure.

(2)

Towers, guys, and accessory facilities must satisfy the minimum district yard setback requirements.

(3)

Towers over 90 feet in height shall not be located within 1,000 feet from any existing tower that is over 90 feet in height.

(f)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an appropriate anticlimbing device; provided, however, that the Mayor and Council may, in its sole discretion, waive such requirements, as it deems appropriate.

(g)

Landscaping. The following guidelines shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Mayor and Council may, in its sole discretion, waive such requirements if the goals of this article would be better served thereby.

(1)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

(2)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

(3)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

(Code 1998, § 106-211; Ord. No. 13-96, § 8-4-96, 5-6-1996; Ord. No. 06-2002, § 106-211, 3-4-2002)