§ 15.52.040. Tower construction requirements.

A.

Permits.

1.

It shall be unlawful for any person, firm, or corporation to erect, construct in a place, place or re-erect, replace or repair any tower without first making application to the village and securing a permit therefor as hereinafter provided.

2.

The applicant shall provide, at the time of application, sufficient information to indicate that construction, installation and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

B.

Fee. The applicant shall pay a permit fee in the amount of two hundred fifty dollars.

C.

Construction Requirements. All antennas and towers erected, constructed or modified within the city and all wiring therefor, shall comply with the following requirements:

1.

All applicable provisions of the Metamora Municipal Code.

2.

The tower shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the International Code Council, Inc. or its successors and the Electronics Industry Association.

3.

With the exception of necessary electric and telephone service connection lines, no part of any antenna or tower, nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

4.

Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

5.

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower and antenna and a structure, or between towers, shall be at least eight feet above the ground at all points unless buried underground.

6.

Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

7.

All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration.

8.

Antennas and towers shall not be erected in residential zoning districts in violation of the following restrictions:

a.

Notwithstanding the general provisions of this Code, the required setback for an antenna or tower attached directly to the ground shall be equal to the height of the antenna and tower. Those antennas and towers attached to a building and whose base is not on the ground, may be constructed if setback a distance equal to the height of the tower less the distance from the point of attachment on the building to the ground.

b.

No tower shall exceed a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business. Those antennas and towers originally attached to a building, and whose base is not on the ground, shall not exceed an overall height from the point of attachment to the top of tower which is greater than the distance from the point of attachment to the nearest overhead electrical power line serving more than one dwelling or business.

c.

Metal towers shall be constructed of. or treated with, corrosive resistant material. Wood poles shall be impregnated with rot-resistant substances.

d.

The applicant will provide a written statement from a licensed engineer certifying that the applicant will be prohibited from providing commercial wireless telecommunication services unless a tower is constructed in a residential zoning district.

D.

Existing Antennas and Towers. Antennas and towers in existence as of October 1, 2006 which do not conform to or comply with this Code are subject to the following provisions:

1.

Towers may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with this Code.

2.

If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be ten percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored, except in full compliance with this Code.

(Ord. No. 2006-16, § 1, 9-19-2006)