In addition to those definitions in chapter 17-04, the following definitions apply for purposes of this chapter:

(A) Accessory equipment means equipment, including buildings and cabinets, used to protect and enable operation of radio switching equipment, back-up power, and other devices, but not including antennas, that are necessary for the operation of a wireless communications facility.

(B) Alternative tower structure means innovative siting techniques such as artificial trees, clock towers, grain silos, bell towers, false chimneys, steeples, light poles, windmills, and similar design mounting structures that camouflage or conceal the presence of antennas or towers.

(C) Antenna means any exterior apparatus designed for telephonic, radio, television, personal communications service (PCS), pager network, or any other communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals, or other communications signaling of any bandwidth.

(D) Building mounted wireless communications facility means a wireless communications facility that is supported entirely on the wall or roof of a legally existing building or structure, as defined in section 17-04-480, which may include accessory equipment.

(E) Monopole means a structure composed of a single spire used to support telecommunications equipment having no guy wires or ground anchors.

(F) Preexisting towers, monopoles, or antennas means any tower, monopole, or antenna lawfully constructed or permitted prior to the adoption of this chapter, but does not include the replacement of such.

(G) Tower means a structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also includes the structure and any support thereto.

(H) Wireless communications facility means any facility consisting of antennae, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless communications including, but not limited to, paging, enhanced specialized mobile radio, personal communication service, cellular telephone, common carrier wireless exchange access service, wireless Internet, and similar technologies. Siting for wireless communications facilities is a use of land and is subject to the city's zoning ordinances and all other applicable ordinances and regulations. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

The city manager or his or her designee may approve the location of the following wireless communications facilities within any location in the city:

(A) Antennas on existing structures. Any antenna which is not attached to a tower may be approved administratively as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of four or more dwelling units. Wireless communications equipment intended for commercial use may not be located on residential structures of less than four dwelling units.

(B) Antennas on existing towers. Placement of antennas on existing structures and co-location by more than one carrier of antennas on existing towers shall take precedence over the construction of new towers, and may be approved administratively provided such is accomplished in a manner consistent with this section.

(C) Cable microcell networks. Installation of cable microcell networks through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers and is intended to improve coverage and capacity of existing wireless communications facilities may be administratively approved in accordance with this section.

(D) Monopoles. Installation of monopoles up to five feet in height taller than surrounding light poles, utility poles, or similar structures may be approved administratively in a manner consistent with this section.

(E) All wireless communications facilities for which administrative review is sought must comply with the following conditions:

(1) The antenna complies with the requirements of section 17-35-070;

(2) The antenna complies with all applicable FCC and FAA regulations;

(3) The antenna and accessory equipment employ alternative tower structures, and blend to the natural setting and surrounding architecture in a manner which helps camouflage the facility;

(4) All accessory equipment is located within a preexisting structure or below grade; or if a new structure is required to house such equipment, such structure is harmonious with and blends with the natural features, and is compatible with surrounding buildings and structures. Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location, or other techniques deemed sufficient.

(F) At the discretion of the city manager or his or her designee, any application for administrative approval may be referred to the land use review commission and city council for special review in accordance with this chapter.

(G) If an administrative approval is denied, the applicant may file a new application for special review in accordance with section 17-35-030. (Ord. 1514 §1, 2000)

(A) Site plans. The site plans for wireless communications facilities shall be submitted on one or more plats or maps, at a scale not less than 1” = 50', showing the following information:

(1) The proposed size and location of the facilities and accessory equipment, and for towers, the boundaries of the tower site, including existing and proposed topography at two-foot intervals, referenced to USGS data, state plane coordinates, and a legal description of the proposed site;

(2) Elevations of all equipment, indicating materials, overall exterior dimensions, and colors;

(3) True north arrow;

(4) Locations and size of existing improvements, existing vegetation, if any; location and size of proposed improvements, including any landscaping;

(5) Existing utility easements and other rights-of-way of record, if any;

(6) For towers, location of access roads;

(7) The names of abutting subdivisions or the names of owners of abutting, unplatted property within 400 feet of the site; zoning and uses of adjacent parcels; and

(8) Proof of ownership in a form acceptable to the city.

(B) Vicinity maps. The vicinity maps submitted with an application under this chapter shall include one or more maps showing the location of existing and planned wireless communications facilities belonging to the applicant, within five miles of the proposed facility. Planned facilities may be identified in general terms and need not be address specific.

(C) Narrative. The application shall include the following in narrative form:

(1) The applicant's and surface owner's names, addresses, signatures, and designation of agent, if applicable;

(2) An explanation of the need for such a facility, operating plan, and proposed coverage area;

(3) An explanation of the applicant's knowledge of alternatives to the proposed facility, what the technology is at the time of the application, and why other sizes or alternative tower or antenna structures will not work, and the relative costs for alternatives. After the facility is erected, the owner and/or user of same must inform the city of significant changes in technology which might allow alternatives to the facility;

(4) An explanation of how the proposed facility blends with the natural features in the area, and is compatible with surrounding buildings and structures;

(5) An explanation of the compatibility, or incompatibility, of the proposed facility with existing antennas or towers in the city, and those within five miles of the city's borders. A full explanation of why any existing antennas or towers can or cannot be utilized must be included in the narrative;

(6) A list of all permits or approvals obtained or anticipated to be obtained from local, state, or federal agencies other than the FCC;

(7) Affirmation that the proposed facility, alone or in combination with other like facilities, will comply with current Federal Communications Commission's (FCC) standards for cumulative field measurements of radio frequency power densities and electromagnetic fields;

(8) Affirmation that the facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts;

(9) Affirmation that the facility will not interfere with any public safety frequencies servicing the city and its residents;

(10) A report describing the structure's ability to support co-locations, and affirmation that, if approved, the applicant and surface owner will make the facility available, on a reasonable basis, to other service providers; and

(11) An explanation of compatibility with applicable city master plan design guidelines and standards.

(D) Engineering report. All applications for wireless communications facilities require an engineer's certificate of structural integrity.

(E) Visual analysis. All applicants shall submit a visual analysis, which may include photo montage, field mock up or other techniques, which identifies the potential visual impacts of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.

(F) All facilities must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the Federal Government with the authority to regulate towers and antennas. Failure to bring towers and antennas into compliance with revised standards and regulation within six months of their effective date shall constitute grounds for the removal of the tower or antenna in accordance with section 17-35-100, B.M.C. (Ord. 1194 §9, 1996; Ord. 1514 §1 2000)

Within all zoning districts providing for wireless communications towers as a use by special review, it is unlawful for any person to install or operate such a facility unless a use permitted by special review has first been approved by the city council as provided in this chapter. The approval of such use by special review does not relieve the operator from otherwise complying with all applicable regulatory requirements of the city, state, and federal governments. (Ord. 1194 §9, 1996; Ord. 1514 §1 2000)

The recommendation of the land use review commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed wireless communications tower meets the following standards:

(A) The site plan complies with the requirements of section 17-35-030(A);

(B) The vicinity map complies with the requirements of section 17-35-030(B);

(C) The narrative for the application complies with the requirements of section 17-35-030(C);

(D) When applicable, compliance with the setback and height requirements of section 17-35-070. (Ord. 1194 §9, 1996; Ord. 1514 §1 2000)

Antennas or towers for governmental purpose located on property owned, leased, or otherwise controlled by the city may be exempt from the requirements of this chapter. This exemption shall be available if a license or lease authorizing the antenna or tower has been approved by the city council and the city council elects, subject to state law and local ordinance, to seek the exemption from this chapter. (Ord. 1514 §1, 2000)

(A) Building mounted wireless communications facilities mounted on a wall of an existing building must be mounted as flush with the wall as technically possible and shall not project above the wall on which mounted, unless sufficient screening methods are demonstrated and accepted as part of the approval.

(B) Building mounted wireless communications facilities may be attached to an existing penthouse or existing mechanical equipment enclosure which projects above the roof of a building but may not project any higher than the penthouse or enclosure. Such antennas and related accessory equipment must be completely screened from view by materials that are consistent and compatible with building design, color, and materials.

(C) Applicable zoning setback requirements of this title must be met. At a minimum, all wireless communications towers shall be set back a distance equal to at least the height of the tower from any adjoining lot line. Guys and accessory buildings must satisfy the minimum zoning setback requirements.

(D) Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Such lighting shall not, unless required by the FAA or other applicable authority, include strobe lights, and if a strobe light is required, then red shall be preferred over white, and if a white (constant or strobe) light is required, then the lowest approved intensity white must be used. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

Towers and monopoles that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion or alteration of a nonconforming use or structure. (Ord. 1514 §1, 2000)

The city encourages co-location of wireless communications facilities to minimize the number of sites.

(A) No wireless communications facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the administratively approved use, use by special review, or site development plan.

(B) If a competitor attempts to co-locate a facility on an existing or approved facility or location, and the parties cannot reach agreement, the city may require a third party technical study at the expense of either or both of the parties to determine the feasibility of co-location. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

At the request of the city, the operator must furnish a statement to the city indicating the operational status of the facility, and without such request must notify the city if use of a facility has been discontinued or transferred to another entity. If the use has been discontinued, the date on which the facility was last used shall be provided. Wireless communications facilities, including accessory equipment, not used for a continuous period of six months shall be disassembled within twelve months of the last use. If abandoned facilities are not removed, the city may have the facilities removed at the applicant's expense. If two or more providers of wireless communications service use an antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such users. Failure to remove shall constitute a public nuisance. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

(A) No person shall locate a wireless communications facility upon any lot or parcel except as provided in this chapter.

(B) Preexisting towers or antennas shall not be required to meet the requirements of this subsection, and shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with requirements of this chapter under a new application.

(C) Any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any wireless communications facility in violation of any provision of this chapter or of the conditions and requirements of the special use permit, may be punished as provided in chapter 1-12, B.M.C. Each day of unlawful operation constitutes a separate violation. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of a wireless communications facility special use permit or administrative approval, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. (Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)