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Sec. 117-428. - Towers. <br />(a) Purpose. In order to accommodate the communication needs of residents and business while <br />protecting the public health, safety, and general welfare of the community, the council finds that these <br />regulations are necessary in order to: <br />(1) Facilitate the provision of wireless telecommunication services to the residents and businesses <br />of the city; <br />(2) Minimize adverse visual effects of towers through careful design and siting standards; <br />(3) Avoid potential damage to adjacent properties from tower failure through structural standards and <br />setback requirements; and <br />(4) Maximize the use of existing and approved towers and buildings to accommodate new wireless <br />telecommunication antennas in order to reduce the number of towers needed to serve the <br />community. <br />(b) Towers in residential zoning districts. Construction of towers to support commercial antennas that <br />conform to all applicable provisions of this Code may be allowed only the following locations: <br />(1) Parcels within the Tower Overlay District as shown on the official zoning map. <br />(2) All church, government, school, utility, and institutional sites <br />(3) If the proposed tower is to be located within a residential district, documentation must be included <br />in the application that demonstrates that the tower cannot be reasonably located within a <br />commercial, industrial, or public/quasi-public zoning district. <br />(c) Towers in Town Center and Critical River Overlay Zoning Districts. Construction of towers to support <br />commercial antennas shall not be allowed in Town Center and Critical River Overlay Zoning Districts, <br />except that antennas may be attached to existing structures provided the antenna does not extend <br />more than 20 feet above the highest point of the structure or tower. <br />(d) Towers in the H-1 Highway 10 Business District. Construction of towers to support commercial <br />antennas shall not be allowed in the H-1 Highway 10 Business District. Antennas may not be <br />constructed on existing structures in the H-1 District. <br />(e) Use of city -owned land for wireless telecommunication antennas and towers. <br />(1) Priority of users. <br />a. The city; <br />b. Public safety agencies, including law enforcement, fire, and ambulance services, which are <br />not part of the city and private entities with a public safety agreement with the city; <br />c. Other governmental agencies, for uses which are not related to public safety; and <br />d. Entities providing licensed commercial wireless telecommunication services including <br />cellular, personal communication services (PCS), specialized mobilized radio (SMR), <br />enhanced specialized mobilized radio (ESMR), paging, and similar services that are <br />marketed to the general public. <br />(2) Minimum requirements. <br />a. The user must obtain a lease from the city, which shall take the following criteria into <br />consideration: <br />1. The antennas or tower will not interfere with the purpose for which the city owned <br />property is intended; <br />2. The antennas or tower will have no adverse impact on surrounding private property; <br />3. The applicant is willing to obtain adequate liability insurance and commit to a lease <br />agreement which includes equitable compensation for the use of public land and other <br />Page 1 <br />