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01-10033 Zoning Regulations(Published in the Salina Journal on June?, 2001 osaoa,ea se,a ORDINANCE NUMBER O1-10033 AN ORDINANCE AMENDING SECTION 42-69 TO THE SALINA CODE ESTABLISHING STANDARDS AND REGULATIONS FOR INSTALLATION OF WIRELESS COMMUNICATION FACILITIES WITHIN THE CITY. follows: BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 42-69 of the Salina Code is hereby amended to read as Section 42-69. Wireless Communication Facilities 42-69.1 Purpose and objectives. The purpose of these regulations is to establish standards and requirements for the siting of commercial wireless telecommunications facilities. These regulations are designed to comply with the Telecommunications Act of 1996 and any other applicable laws. The objectives are as follows: 1. Encourage the location of wireless communication facilities in non-residential areas and on sites where the adverse impact is minimal; 2. Encourage the joint use of new and existing wireless communication facilities; 3. Encourage wireless communication facilities to be designed and installed in a manner that minimizes any adverse visual impact. 4. Encourage wireless telecommunication facilities to be provided to the community in a safe, effective and efficient manner; 5. Facilitate the ability of the providers of wireless communications services to provide such services to the community through an efficient and timely application process; 6. Avoid potential damage to adjacent properties from tower failure through careful siting of wireless communications facilities; 7. Ensure that the regulation of wireless communication facilities does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service; and 8. Create a hierarchy that influences both where new wireless communication facilities are located and the types of antennas that are used so that new facilities have the least amount of visual impact on the community. 42.69.2 Definitions. For purposes of this section, the following words and terms as used herein are defined to mean the following: Abandonment, in the case of a non co -located facility, shall mean: (a) failure to start operations within ninety days of completion of the structure, or (b) to cease operation for a period of ninety or more consecutive days. In the case of a co - located facility, abandonment shall mean: (a) failure to start operations within 180 days of completion of the structure, or (b) to cease operation for a period of 180 or more consecutive days. Administrative permit shall mean a process and approval by the Planning Director as described in this section. Antenna shall mean any exterior apparatus designed for telephonic, radio, data, internet, or video communications through the sending and/or receiving of electromagnetic waves, CanSoliUeleO Selne and includes equipment attached to a tower or building for the purpose of providing wireless communication services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission for "cellular", "enhanced specialized mobile radio", "specialized mobile radio' and "personal communications services", telecommunications services, and it attendant base station. Antenna support structure shall mean any pole, telescoping mast, tower, tripod, or other structure which supports a devise used in the transmitting or receiving of radio frequency signals. Array shall mean a set of antennas for one carrier or service that are placed on a structure at a given height and spaced so as to avoid interference. Board of Commissioners shall mean the governing body of the City of Salina. Camouflage describes a wireless communication facility that is disguised, hidden, or integrated with an existing structure as an architecturally compatible element or a wireless communication facility that is placed within an existing or proposed structure so as to be effectively hidden from view. Co -location means the placement of a new wireless communication facility on an existing tower, existing building or structure. Design shall mean the appearance of wireless communication facilities and equipment buildings, including such features as their materials, colors, texture, scale, and shape. EIA shall mean the Electronics Industry Association. Equipment enclosures shall mean a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals and associated equipment. Associated equipment may include air conditioning, back power supplies and emergency generators. Existing tower shall mean any tower in existence at the time of application for an administrative permit or special permit. FAA shall mean the Federal Aviation Administration. FCC shall mean the Federal Communications Commission. Fair market value shall mean the price at which a willing seller and a willing buyer will trade. Fall zone shall mean the area on the ground within a prescribed radius from the base of a wireless communication facility within which there is a potential hazard from falling debris or collapsing material. Guyed tower shall mean a tower that is supported, in whole or part, by guyed wires and ground anchors. Height shall mean the vertical distance above grade to the highest point of the antenna support structure, including the lightning rod and antenna. Lattice tower shall mean a tower that is constructed to be self- supporting by lattice type supports and without the use of guyed wires or other supports. Modification shall mean the changing of any portion of a wireless communication facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design, height, number or location of antennas. Monopole tower shall mean a tower consisting of a single free-standing pole or spire self -supported on a permanent �onso,�aaieasaana foundation, constructed without guy wire, ground anchors, or other supports. Mount shall mean the structure or surface upon which wireless communication facilities are mounted. There are three types of mounts: (i) Building mounted — a wireless communication facility affixed to the roof or side of a building, (ii) Ground mounted — a wireless communication facility fixed to the ground such as a tower, and (iii) Structure mounted — a wireless communication facility fixed to a structure other than a building, such as light standards, utility poles, and bridges. Operator shall mean an individual, partnership, association, joint-stock company, trust, or corporation engaged in control and maintenance of all instrumentalities, facilities and apparatus incidental to wireless telecommunication transmission, including but not limited to, a tower, antennae, associated buildings, cabinets and equipment. For the purposes of this article, an "operator" may or may not hold a lease, license or title on or for the site on which a tower is located. Owner shall mean either the owner of the real property on which the wireless communication facility, tower or antenna is located or the owner of the wireless communication facility, tower or antenna itself. Provider shall mean every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides personal wireless service over wireless communication facilities. Screening shall mean materials which effectively hide personal wireless facilities from view, or landscaping in accordance with the requirements of the Zoning Ordinance. Security barrier shall mean a wall, fence, or berm that has the purpose of sealing a wireless communication facility from unauthorized entry or trespass. Site shall mean a tract or parcel of land that contains wireless communication facilities including any antenna, support, structure, building, accessory buildings, and parking and may include other uses associated with or ancillary to wireless communication services. Special permit shall mean a process and approval by the Planning Commission or Board of Commissioners as described in this section. Tower shall mean any structure that is designed, constructed or used for the primary purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term encompasses wireless communication facilities including microwave towers, common -carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. For purposes of this section the term "tower" does not include radio and television transmission towers, amateur radio transmitting towers or broadcast facilities. Unlicensed wireless services shall mean commercial mobile services that operate on public frequencies and do not need a FCC license. Wireless communication service and wireless communication facilities used in the chapter shall be defined in the same manner as the Title 47, United States Code, Section 332 (c)(7)(C), as may be amended now or in the future and includes facilities for the transmission and reception of radio microwave signals used for communication, cellular phone, personal communication services, enhanced specialized mobile radio, and any other wireless services licenses by the FCC and unlicensed wireless services. co�saonaieasen. 42.69.3 Permit Required. (1) No person shall locate an antenna or tower for wireless communication purposes or alter an existing wireless communication facility upon any lot or parcel within the City of Salina except as provided in this chapter. (2) Maintenance or repair of a wireless communication facility and related equipment, excluding structural work or changes in height, dimensions or number of antenna, towers, or buildings is excluded from the requirement to obtain a permit. Building permits may still be required. (3) Installation of wireless communication facilities requires either an administrative permit (Class A Permit) issued by the Planning Director or approval of a special permit (Class B or Class C Permit) by the Planning Commission or Board of Commissioners. a. Class A Permit: The Planning Director may issue an administrative permit in the following cases: 1. An application to co -locate additional antennas on an existing facility; 2. An application to place an antenna on an existing structure in the U or C-4 Districts; 3. An application to place an antenna on an existing structure in a C-2, C-3, C-5, C-6, C-7 or I-1 district that extends no more than twenty (20) feet above the maximum permitted structure height in that district; 4. An application to construct a monopole tower up to one hundred twenty (120) feet in height in an I-2 or I-3 district if the proposed tower site is within four hundred (400) feet of a residential area or up to two hundred (200) feet in height if the proposed tower site is more than four hundred (400) feet from the nearest residential area. Within 30 days after receiving a complete application, the Planning Director shall either approve, approve with conditions or deny the request for a (Class A) administrative permit, or shall refer the application to the Planning Commission for a public hearing. If a request for an administrative permit is not acted upon within 30 days, or is denied, or the conditions imposed thereon are unacceptable to the applicant, then the applicant may, by written notice to the Planning Director, convert the request for an administrative permit to an application for a (Class B) special permit. Moreover, an applicant may, in lieu of and without first seeking an administrative permit hereunder, request a special permit for its proposed facility. b. Class B Permit. The Planning Commission may issue a special permit after holding a public hearing in accordance with the procedures established in Sections 42-24 of the Salina Code in the following cases: 1. An application to construct a monopole tower in an I-2 or I-3 district which does not meet the criteria for a Class A administrative permit; 2. An application to construct a monopole tower up to two hundred (200) feet in height in an A-1, U, C-2, C-3, C-5, C- 6, C-7 or I-1 district if the proposed tower will maintain a setback from adjacent property and public right-of-way equal to or greater than the proposed height of the tower; or 3. An application to construct a rooftop facility on an existing structure in C-2, C-3, C-5, C-6, C-7 or I-1 district which would extend more than twenty (20) feet above the maximum permitted structure height in that district. cap I filled 51111 c. Class C Permit. The Board of Commissioners may issue a special permit following a public hearing and recommendation by the Planning Commission in the following cases: 1. An application to construct a tower in a C-1 district or any residential district; 2. An application to construct a tower in a historic district or within five hundred (500) feet of a property listed on the National Register of Historic Places; or to place a rooftop facility on a local landmark or building listed on the National Register of Historic Places; 3. An application to construct a tower within any approach zone to the Salina Municipal Airport; 4. An application to construct a lattice type tower anywhere within the city; 5. An application to construct a tower in the C-2, C-3, C-5, C- 6, C-7 or I-1 districts which does not comply with the performance standards in subsection (h); or 6. An application to construct a tower over two hundred (200) feet in height anywhere within the city. d. Denial of special permit. Any decision to deny a special permit under this section shall be made in writing and shall state the specific reasons for the denial. Any denial by the Planning Commission may be appealed to the Board of Commissioners. Any denial by the Board of Commissioners shall be deemed a final administrative decision, subject to judicial review and appeal. In the event that a special permit application is denied by the Planning Commission or Board of Commissioners, no new request for the same or substantially similar administrative or special permit shall be accepted or processed within six (6) months after denial of that application. e. Protests. The notification and protest area for special permit applications shall be four hundred (400) feet from the proposed tower site. If a Class B permit is approved by the Planning Commission, affected property owners shall have the same right to present a protest petition to the Board of Commissioners and appeal that decision as property owners in rezoning cases. The protest procedure shall be as provided in K.S.A. 12-708 and section 42- 26(b) of this chapter. 42.69.4 Locational Preferences. Wireless communication facilities shall be located and designed to minimize any adverse effects on surrounding properties, particularly residential properties. In its review of requests for new tower construction the City of Salina will give preferred status to locations where the existing topography, surrounding land uses, existing buildings or other structures provide the greatest amount of visual screening. Proposed towers in sensitive areas will be discouraged. The City of Salina's locational preferences for siting new wireless communication facilities are listed below: (1) Preferred Location Sites: a. Publicly owned sites on which wireless communication facilities can be unobtrusively located with regard to visibility, aesthetic appearance and public safety. Such sites may include locating on existing buildings, light poles or water towers, co -locating on existing towers, screened roof -top facilities or other camouflaged sites for antennas and recreation areas, athletic fields, school grounds, maintenance yards and other publicly owned facilities for towers. b. Privately owned sites which possess the same characteristics as a. above. c. Sites in commercially or industrial zoned districts where wireless cln .01111 eune communication facilities would be minimally obtrusive, would have a minimal impact on the surrounding area and are an appropriate distance from residential areas. (2) Limited Preference Sites: a. Sites on other public property. b. Sites on other commercially or industrially zoned property. (3) Sensitive Location Sites. Sites located in areas with predominantly residential uses, environmentally sensitive areas, entryway corridors to the city, local landmarks or historic districts, properties listed or eligible to be listed on the National Register of Historic Places and the environs of the Salina Municipal Airport. 42.69.5 Application Requirements. (1) Pre -Application Conference. Prior to the acceptance of an application by the City, applicants shall participate in a pre -application conference with the Planning Department for the purposes of discussing application requirements, specifics of the site and plans for current and future facilities. (2) Applications for either an administrative permit or a special permit for a wireless communication facility shall be filed with the Planning Director and shall include the following: a. A plot plan of the site and the proposed facility drawn to an accurate scale and showing all pertinent information. The application material shall provide sufficient information, as determined by the Planning Director, to allow a complete review of the proposal. The application material shall also include sufficient detail to indicate compliance with all applicable design and performance standards. Failure to provide adequate information may result in the rejection of the application. b. A copy of the lease between the applicant and the owner. The lease shall contain the following provisions: (1) the owner and the applicant shall have the ability to enter into leases with other providers for colocation with the consent of each party which shall not unreasonably be withheld; and (2) the landowner shall be responsible for the removal of the tower or facility in the event the lessee fails to remove it upon abandonment. c. A statement explaining the need for the facility to provide or enhance wireless communication services in the area including a map of the service area of the proposed facility. d. A statement identifying which location preference, identified in subsection (d) the proposed facility is meeting. If the proposed location is not a preferred location site, the applicant shall describe: (i) Whether any preferred location sites are located within the service area of the proposed wireless communication service facility; (ii) What good faith efforts and measures were taken to investigate each of these preferred location sites and why such efforts were unsuccessful; (iii)Why the use of a preferred location site is not technologically, legally or economically feasible; (iv)How and why the proposed site is required to meet service demands for the proposed facility and citywide network; and (v) The distance between the proposed facility and the nearest residential unit and residentially zoned properties. e. A statement indicating proposed measures designed to minimize potentially adverse visual effects on adjacent properties with consideration given to design, unobtrusiveness, minimum height necessary to accommodate antennae, avoidance of artificial light and the color of the facility. f. A statement describing the proposed fall zone around the facility. g. If the application is for a new tower, a report from the manufacturer or a licensed professional engineer describing the tower's maximum capacity including the number of antennas it can accommodate for collocation, taking into consideration radio frequency interference, mass, Conuuoa�e05auna height, and other characteristics, as well as options to overcome any problems those considerations may pose to service delivery. h. A signed statement from the tower owner stating that the owner and future successors will allow shared use of the tower if (1) capacity exists based on current and planned use by owner; (2) a future applicant for space on the tower agrees in writing to pay any reasonable charge for shared use and (3) the potential use is technologically compatible. i. A description of the security barrier surrounding the base of the tower and accessory equipment. The description should include the method of fencing, finished color and, if applicable, the method of camouflage and illumination. j. A description of the anticipated maintenance and monitoring program for the antennae and back up equipment, including frequency of maintenance services. 42.69.6 Inventory of Towers. Each applicant for an administrative or special permit shall submit an inventory of its facilities and an inventory of the facilities of those companies proposing to co -locate on the proposed facility (tower or antenna mount) within the city. No permit will be approved unless the applicant demonstrates to the satisfaction of the City by substantial evidence that no existing facility (whether or not owned by the applicant) can accommodate, as is or through modification, the proposed facility. Substantial evidence to demonstrate that no existing facility is suitable shall consist of any of the following: (1) An affidavit demonstrating that the applicant made diligent efforts to install or co - locate on existing towers and other existing structures within the geographic search area as determined by a qualified radio frequency engineer. (2) An affidavit demonstrating that existing towers and structures located within the geographic search area, as determined by a qualified radio frequency engineer, and within one mile radius of the proposed tower site do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including but not limited to, applicable FCC requirements. (3) Written technical evidence from a qualified radio frequency engineer that existing towers and structures within the geographic search area are not of sufficient height to meet the applicable FCC requirements. (4) Written technical evidence from a qualified structural engineer that existing towers and structures within the geographic search area do not have sufficient structural strength to support the proposed facility. (5) A written statement from a qualified radio frequency engineer submitting technical evidence substantiating his opinion that the existing towers and structures within the geographic search area are incompatible due to electromagnetic/radio frequency interference or interference with public safety communications or the usual and customary transmission or reception of radio, television, or other communications service enjoyed by surrounding properties and that antenna on the existing tower or structure cannot be relocated on the existing structure to accommodate additional users. (6) An affidavit that the fees, costs, or contractual provisions required by the owner to share an existing tower or structure within the geographic search area or to adapt an existing tower or structure within the geographic search area for sharing, are unreasonable. (7) The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one mile radius of the proposed tower site unsuitable. (8) The applicant demonstrates that state of the art technology used in their wireless telecommunications business and within the scope of the applicant's FCC license is unsuitable for the site involved. (9) The applicant demonstrates that there are other limiting factors that render existing towers and structures within the geographic search area and within a one mile radius of the proposed tower site unsuitable. 42.69.7 Standards for Evaluation of Special Permit Applications. (1) The Planning Commission or Board of Commissioners may approve, by special permit, a wireless communication facility in any zoning district after review and consideration of all of the following: Ca 111. 1e1 saliva 1. Conformity with the city's Comprehensive Plan. 2. Preference of site location in accordance with Subsection (d). 3. Compatibility with abutting property and surrounding land uses. 4. Adverse impacts such as visual, environmental or safety impacts. 5. Color and finish of the proposed tower. 6. Screening potential of existing vegetation, structures and topographic features. 7. Potential for adequate screening of proposed facilities, ground level equipment, and tower base. 8. Scale of facility in relation to surrounding land uses. 9. Impact on entry corridors into the city. 10. Impact on landmark structures, historically significant structures or districts, or architecturally significant structures. (2) An application to construct new towers may be denied if the applicant has not shown by substantial evidence that it has made a good faith effort to mount the facilities on an existing structure and/or tower. (3) Locations in sensitive location sites shall be considered only if the applicant: a. Provides evidence showing what good faith efforts and measures were taken to secure a preferred location site or limited preference site within one mile of the proposed facility; and b. Demonstrates with engineering evidence why each such preferred location site or limited preference site was not technologically or economically feasible. 42.69.8 Performance standards. Unless otherwise specified, all wireless communication facilities shall comply with the following performance standards. The Planning Commission may recommend and the Board of Commissioners may grant a waiver from these standards when supported by sufficient justification and if the purpose and objectives of this section would be better served thereby. (1) Height. The maximum height for a communications tower is 200 feet, excluding a lightning rod not to exceed 20 ft. All new towers in excess of 100 feet shall be designed to accommodate at least 2 providers and those in excess of 150 feet at least 3 providers. (2) Design type. All towers, except those designed as an architecturally compatible element, shall be a monopole design unless otherwise specifically approved by the Board of Commissioners. Guyed towers shall not be permitted. (3) Setbacks. Towers shall be set back from any property line or a public right- of-way a distance equal to the tower height. Towers, except those designed as an architecturally compatible element, shall be set back 400 feet from any surrounding property zoned for single-family or two-family residential use. (4) Facility Appearance. a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness so as to be consistent with the natural or built environment of the site. b. The design of the equipment structure and any other associated permitted structures shall, to the maximum extent practicable, use materials, colors, textures, screening, and landscaping that minimize the visual impact and enhance compatibility with the surrounding natural or built environment. Additionally the design of the site shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. C. For co -located telecommunications facilities, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color or the supporting structure to minimize the visual impact and enhance compatibility with surrounding development. (5) Lighting. No signals, artificial lights, or illumination shall be permitted on any facility unless required by the FAA or other applicable authority. If required, the lighting shall be designed to minimize off-site impacts. Security C,n,d vdSalma lighting around the base of the tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of- way. (6) Security Fencing. Towers and associated accessory buildings and equipment shall be enclosed by a security fence or wall that is a minimum of six (6) feet in height and is equipped with an anti -climbing device or apparatus. Access shall be through a locked gate or door in the required fence or wall. Additional measures may be required as a condition of the issuance of an administrative permit as deemed necessary by the Planning Director or the Planning Commission or Board of Commissioners in the case of a special permit, so long as the additional measures are reasonably related to a security issue. (7) Outdoor Storage. No outdoor storage of vehicles, materials, or equipment is permitted. Equipment not used in direct support of the facility shall not be stored or parked on site unless repairs to the facility are being made. (8) Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of the tower or antenna site. Any signs placed in violation of this section shall be removed immediately at the owner or operator's expense. Notwithstanding any contrary provisions of the City's Zoning Ordinance, the following warning signs shall be utilized in connection with the tower or antenna site, as applicable: a. If high voltage is necessary for the operation of the tower or associated equipment, "HIGH VOLTAGE - DANGER" warning signs shall be permanently attached to each side of the fence or wall surrounding the structure. b. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart; (a) the height of the lettering of the warning signs shall be at least 12 inches and the signs shall be installed at least 5 feet above the finished grade; (b) the warning signs may be attached to freestanding poles if the content of the sign may be obstructed by landscaping. c. A sign on the gate indicating the name and address of the tower owner and a phone number where the tower owner can be reached 24 hours a day in case of an emergency shall be permanently attached to the fence. (9) Parking. Each facility site shall provide paved parking for use by maintenance personnel. A minimum of one space shall be provided per user located on the facility site. No vehicle storage shall be permitted. (10) Landscaping. Facilities must comply with all applicable landscaping requirements of the Zoning Ordinance. The Planning Director, Planning Commission or Board of Commission may require landscaping in excess of those requirements in order to enhance compatibility with adjacent uses or zoning districts. At a minimum, the landscaping shall consist of a landscape strip of not less than ten (10) feet in width planted with materials which will provide a visual barrier to a minimum height of six (6) feet, as approved by the City. The landscape strip shall be exterior to any security fence or wall. (11) Facility Replacement. (1) Modification to Existing Site. Up to 50% of the height of an existing tower may be replaced with no resulting increase in height as part of modifications made to provide for co -location of a new facility. Replacement of more than 50% shall be considered a new tower and shall meet all of the applicable requirements for new construction. (2) Rebuilding Damaged or Destroyed Existing Site. Existing tower and facilities that are damaged or destroyed may be rebuilt through administrative review and approval by the Planning Director provided the replacement tower or facility is the same as the original in type, location, and intensity or brings a previously nonconforming tower or facility into a greater conformance with these standards, and no more C ,,di ped Selire than 50 % of the tower or facility is involved. If more than 50 % of the tower or facility is involved, it shall be considered a new facility and shall meet all the applicable requirements for new construction. All replacement shall comply with then applicable building codes and a new administrative permit or special permit and building permit shall be obtained and be completed within 180 days from the date the tower or facility was damaged or destroyed. If no permit is obtained or it expires, or replacement is not timely completed, the tower of facility shall be deemed abandoned. (12) Removal of Abandoned Facility. Any facility deemed abandoned pursuant to this chapter or any facility that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner or last operator thereof shall remove it within ninety days of receipt of a "written notice to remove" from the City. Failure to remove an abandoned tower or facility within ninety days shall be grounds to remove it at the owner's or last operator's expense. If there are two or more users of a single tower or facility, then this provision shall not become effective until all users cease using it. 42.69.9 General Requirements. Wireless communication providers shall comply at all times with the current applicable FCC and FAA standards and regulations. Prior to the issuance of a building permit to construct a facility, the owner/applicant or operator/applicant shall provide the City with the required clearances, licenses and certifications from all agencies of the federal government with the authority to regulate towers and antennas. (1). Building Codes; Safety Standards. To ensure the structural integrity of towers the owner or operator of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA") as amended from time to time. If, upon inspection, the building official concludes that a tower fails to comply with such codes and standards, then upon notice being provided to the operator or owner of the tower, the operator shall have thirty (30) days to bring the tower into compliance with such standards. Failure to bring a tower into compliance within thirty (30) days shall constitute grounds for removal of the tower at the owner or operator's expense. (2) Structural Design. Towers shall be constructed to current EIA standards, which may be amended from time to time, and all applicable building codes adopted by the City. Furthermore, any improvements and/or additions to existing towers shall comply with the requirements of this chapter and shall require submission of construction plans sealed and verified by a professional engineer which demonstrate compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested." Section 2. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. {SEAL} ATTEST: VWU&x-1-- Lieu Ann Nicola, City Clerk Introduced: May 21, 2001 Passed: June 4, 2001 stin M. Seaton, Mayor