§ 70-102. Standards and criteria for review of special exception requests.

(a)

Intent and purpose. The intent and purpose of this section is to address and balance the concern that communication towers may not be appropriate uses in residential areas because of the aesthetic and compatibility conflicts that arise when these facilities are located in close proximity to residential uses and the recognized need of the services the communication towers provide to the public. These issues shall be reviewed on a case-by-case for each special exception request in accordance with the standards set forth in division 3 of article II of chapter 118 and this section. The city shall consider and weigh the aesthetic impact and compatibility issues with the public benefit derived from having an efficient and reliable wireless communications systems when determining whether or not to grant special exception approval. To assist the city in reaching such determination, the application shall provide the information set forth in subsections (b) through (f) of this section and shall comply with the procedures and requirements set forth in this section, including production of documentation to verify the completion of these requirements.

(b)

Balloon test. The purpose of this test is to assist the city in determining aesthetic impact with respect to height and closeness of a communication tower in proximity to nearby residential uses and zoning. The following criteria shall be met.

(1)

Balloon specifications shall be as follows:

a.

The balloon diameter shall be no less than four feet.

b.

Balloon color is restricted to red, orange or yellow.

c.

The balloon is anchored to the ground at the same location as that of the proposed tower based pad.

d.

The height at which the balloon is flown shall be the same as the combined height of the tower and its antennas up to 199 feet; balloons for towers taller than 199 feet shall be flown at 199 feet.

(2)

The balloon shall be flown after the public hearing poster is required to be erected on site. The balloon shall be flown, at a minimum for seven continuous hours, between the hours of 7:00 a.m. and 10:00 p.m. each day it is required to be flown. The balloon shall be flown for a minimum of two days. Failure to maintain the balloon as specified in this subsection may result in a delay of the public hearing in order to achieve compliance.

(3)

Each notice required pursuant to section 70-99 shall include a statement that the balloon will be flown at least two days during the morning hours prior to the public hearing date.

(c)

Visual aids. In addition to the balloon test, the applicant may take and submit for city review photographs and a videotaping of the subject site showing the balloon and of the subject site depicting the balloon in its relationship and proximity to neighboring residential lands and uses. The photographs/video may be accompanied by a corresponding written visual impact analysis prepared by the applicant.

(d)

Additional information. The applicant may submit any other bona fide documentation or evidence that he feels may assist the city in determining visual impact. Any person or party opposing the applicant's special exception request should submit bona fide evidence or documentation that a proposed tower will have a substantial adverse aesthetic impact on his property.

(e)

Camouflaged facilities. The purpose of this subsection is to assist the city in determining whether or not a tower as a camouflaged facility is appropriate in a given area. The applicant may use a camouflage agent in order to achieve compatibility with the nature and character of the surrounding area. Camouflaging shall be determined on a case-by-case basis. Any proposed camouflaging shall be submitted in conjunction with the special exception application. It shall include the following documentation:

(1)

Colorized pictorial representation, artist's rendering, or the like.

(2)

Design specifications as follows: total height, diameter, and colorations.

(3)

A corresponding statement accompanying the graphic representation explaining the following:

a.

What is the nature and character of the area within which the camouflaged tower is proposed, with respect to land use, surrounding environment, building heights and designs, and building/environment density.

b.

How will the proposed camouflaged agent blend in and harmonize with the nature and character of the area.

(f)

Separation distance reduction for camouflaged facilities. If the city, using the standards set forth in subsection (e) of this section, determines the camouflaging agent is compatible with the surrounding area, the distance separation requirements set forth in subsections 70-57(c) and 70-58(b) for the proposed communication tower as a camouflaged facility shall be reduced by one-half. Maximum cumulative separation distance reductions shall not exceed a total of one-half of the separation distance requirements set forth in subsections 70-57(c) and 70-58(b).

(g)

City special exception criteria. In considering a special exception request for a communication tower, in addition to those criteria set forth in section 70-99 and division 3 of article II of chapter 118, the city shall take into consideration the compatibility of a camouflaged tower in a given area and whether or not the proposed tower will have a substantial adverse aesthetic impact on neighboring residential lands. The city's determination shall be based on relevant and competent evidence, documentation, and testimony received at the public hearing both from the applicant and any party in opposition or their respective representatives. The city shall utilize the following criteria in determining if a special exception is deemed approvable:

(1)

Aesthetic impact. Aesthetic impact means the view of a tower that is not camouflaged. Aesthetic impact shall be measured by the amount of the tower that can be viewed from a residential zone in conjunction with its proximity (distance) to the residential zone.

(2)

Compatibility. Compatibility means the degree to which a tower is designed and located to be compatible with the nature and character of other land uses and with the environment within which the tower is proposed to be located. The tower may be placed, designed or camouflaged to assist with mitigating the overall aesthetic impact of a tower. A camouflage agent shall be designed to be compatible with the surrounding land uses and the environment.

(h)

Minimum standards. In addition to the other requirements of this section, the minimum performance standards with respect to separation between towers, separation between residences and towers, etc., as referenced in this article shall be met. These standards, however, are minimum standards; the city is empowered to impose more restrictive conditions to a special exception as conditions to approval so as to achieve the desired protection with respect to aesthetic impact and harmony and compatibility with the surrounding community.

(Ord. No. 97-31, § 1 (29-29), 9-11-97)