§ 70-28. Applicability.

(a)

All communication towers in the city shall be subject to this article and all other applicable regulations. For the purpose of measurement, communication tower setbacks as listed in section 70-56 and separation distances as listed in section 70-57(c) shall be calculated and applied to facilities located within the city limits, in the unincorporated county and, if applicable, elsewhere.

(b)

Communication towers in excess of 300 feet shall require a special exception and shall also be in compliance with the setbacks, separation distances from other uses, separation distances from other communication towers and notice requirements, as set forth in sections 70-56, 70-57(c), 70-58(b) and 70-99, respectively.

(c)

All new communication antennas which are not attached to communication towers shall comply with division 4 of this article.

(d)

All communication towers existing on the effective date of the ordinance from which this article derives shall be allowed to continue their usage as they exist on such effective date in accordance with the following requirements. Routine maintenance and repair shall be permitted on such existing towers. New construction and replacement or repair of more than 30 percent of the value of the communication tower as valued on the date of a proposed replacement, with the tower valued as severed from the realty, on an existing communication tower shall require compliance with this article for new construction.

(e)

For purposes of implementing this article, a communication tower that has received city approval in the form of either a special exception, variance, or building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is current and not expired.

(f)

For purposes of implementing this section, an A.M. broadcasting antenna array consisting of one or more tower units and supporting ground system which functions as one A.M. broadcasting antenna shall be considered one communication tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the A.M. array.

(g)

For purposes of implementing this section, the term "memorandum of lease" shall mean a document in recordable form which shall indicate that one or more other service providers have entered into an agreement or lease with the communication tower owner and that more than one service provider is entitled to locate communication antennas on the tower and shall be located on the tower within three years from the date the certificate of completion is issued for the communication tower. While the memorandum of lease must specifically name one of more other service providers at the time it is recorded, it may or may not remain service provider specific throughout the three-year colocation period. If other service providers on the initial recorded memorandum of lease fail to colocate on the tower, for whatever reason, it is the responsibility of the tower owner to make a good-faith effort to accomplish colocation within the prescribed three-year period. Failure to have colocation accomplished within the three-year period will require the tower approval to be subject to review under section 70-132, and the city commission shall seek to revoke the permit and proceed with removal of the tower at the owner's expense. If the city commission decides to pursue this option after being advised of the failure to comply, the city manager shall first prepare a report and forward it to the city commission and the tower owner.

(h)

For purposes of implementing this section, the term "colocation" shall mean the ability and right of two or more different service providers (carriers) to place communication antennas on one communication tower.

(i)

For purposes of implementing this section, the term "service provider" shall mean any individual or entity which locates a communication antenna on a communication tower.

(Ord. No. 97-31, § 1 (29-5), 9-11-97)