(a)

It is the intent of this article to establish general guidelines for the siting of towers and antennas by accommodating the communication needs of residents and business while protecting the public health, safety, and general welfare of the community by (i) encouraging the location of towers in non-residential areas and minimizing the total number of towers and tower sites throughout the county, and (ii) encouraging the joint use of new and existing tower sites.

(b)

Amateur radio antennas are exempt from this article provided that they are under 50 feet in height and are owned and operated by a federally-licensed amateur radio station operator.

(Amdmt. No. O-04-1, 3-2-04)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means a device used to collect or transmit telecommunications or radio signals (i.e., panels, microwave dishes, and whips).

Colocation means locating wireless communications equipment from more than one provider on a single site.

Communications facility means a facility that consists of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer, which connects the mobile unit with the land-based telephone line.

Equipment building means the building in which the electronic receiving and relay equipment for a cellular telecommunications facility is housed.

Freestanding structure means a structure such as a water tank, electrical transmission towers or poles, or signal poles. This definition does not include towers as defined.

Guyed wire tower means a mount that is anchored to the ground or to another surface by diagonally placed cables with the opportunity for antennas to be attached at the top of and/or along the primary structure.

Height means the distance measured from ground level to the highest point on the tower or other structure, including antennas.

Lattice tower means a mount with multiple legs and cross-bracing of structural steel with the opportunity for antennas to be attached at the top and/or along the structural support system.

Monopole means a type of mount that is self-supporting with a single shaft of wood, steel, or concrete without the use of guyed wires, and with the opportunity for antenna placement at the top of and/or along the shaft.

Mount means the structure or surface upon which the antenna may be mounted. This may include mounting on a roof or side of a building, mounted on a tower constructed at grade level, or mounted on a freestanding structure such as a water tank, electrical transmission tower, or signal pole.

Provider means an entity offering any personal wireless communication service. Under this definition, a tower builder does not constitute a provider. A provider licensed by the FCC to offer personal wireless communication service is considered a "licensed provider" for purposes of this article.

Site means the specific property or portion thereof, where a proposed communications facility, tower, or antenna is to be placed.

Tower or communication tower means a structure that is intended to support one or more antennas and equipment used to transmit and receive communication signals (i.e., monopoles, lattice, and guyed towers) and further defined as follows:

(1)

Minor facility means a tower which is 50 feet or less in height.

(2)

Intermediate facility means a tower which is greater than 50 feet and less than 125 feet in height.

(3)

Major facility means a tower which is greater than 125 feet in height.

(Amdmt. No. O-04-1, 3-2-04)

Cross reference— Definitions generally, § 1-2.

Land use classifications for communication towers shall be as follows:

(Amdmt. No. O-04-1, 3-2-04)

(a)

Minimum lot size. The minimum lot size for a communications facility shall be equal to the minimum lot size for the district in which the facility is to be located. Dimensions of the entire lot shall control, if the tower or antenna is located on a leased area within a lot or parcel.

(b)

Fall zone and setbacks. For minor or intermediate facilities, the tower or antenna shall meet the minimum setback requirements of the district in which it is placed. For major facilities, the setback shall be 50 percent of its height from all lot lines unless documentation from a certified engineer is presented stating that the structure is designed to collapse within the lot lines or leased area in case of structure failure. In such instances, the minimum setback requirements for the district in which the facility, tower, or antenna is placed shall apply. Also, a tower or antenna may not be placed within 110 percent of its height from any existing residence. For purposes of determining whether the installation of a tower or antenna complies with the setback requirements, the dimensions of the entire lot shall control when the tower or antenna is located on a leased area within a lot or parcel. The minimum distances shall be measured from the base of the tower. All compound areas, equipment structures, and guyed wires shall be located within the leased area. All measured distances shall be to the nearest integral foot. If a fraction is one-half foot or more, the integral foot next above shall be taken.

(c)

Height. Tower heights are defined in section 66-707. For antennas mounted on a roof, side of a building, or a freestanding structure, the antenna cannot extend more than 20 feet above the roof surface of the building or the highest point of a freestanding structure.

(Amdmt. No. O-04-1, 3-2-04)

Under this article, any accessory uses associated with the communications facility, such as equipment buildings, shall meet the setback requirements of the district in which it is located.

(Amdmt. No. O-04-1, 3-2-04)

(a)

Before any telecommunication facility, tower, or antenna is permitted, a reasonable attempt shall be made by the applicant to share space on existing towers. The placement of an antenna on or in an existing approved communication tower is permitted without an additional zoning permit as long as the height of the tower is not increased or the communications facility enlarged.

(b)

The county shall be provided collocation opportunities on communication towers as a community benefit to improve radio communication for emergency services.

(Amdmt. No. O-04-1, 3-2-04)

(a)

Screening. Towers shall be of a galvanized finish or be painted a neutral color to reduce visual obtrusiveness. Dish antennas shall be of a neutral non-reflective color. The design of the equipment buildings, or other related structures shall be of neutral colors to blend with the natural setting of the surrounding area.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is closely compatible with the color of the support structure to make the antenna and related equipment as visually unobtrusive as possible.

(b)

Lighting. Towers shall not be artificially lit with red or strobe lighting, unless required by the Federal Aviation Administration (FAA) or other federal or state authority.

(c)

Signs. No signs shall be permitted at any communications facility or on any tower or antenna, except for owner identification with contact information and for safety purposes.

(Amdmt. No. O-04-1, 3-2-04)

(a)

Fencing. The communications facility shall be enclosed by security fencing of not less than six feet in height and have an appropriate anti-climbing device.

(b)

Landscaping. The communications facility shall be landscaped with a buffer of plant materials that effectively screen the equipment or supporting facilities from adjacent properties. The existing tree growth and natural tree barriers on the site shall be preserved to the maximum extent possible.

(c)

Federal requirements. All towers and antennas shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other federal or state agency regulating towers and antennas.

(d)

Erosion and sedimentation. Compliance with all regulations pertaining to erosion and sedimentation control shall be adhered to in accordance with Chapter 30-Erosion Control.

(e)

Building code. Towers and antennas shall be constructed in compliance with the local building codes to ensure the structural integrity of the tower or antenna for wind and radial ice loads. Compliance with any other state or local regulation shall be required.

(Amdmt. No. O-04-1, 3-2-04)

(a)

Applications for the construction or placement of a communications facility, tower, or antenna shall be submitted to the zoning office, with the appropriate fee, by a licensed provider or by a tower builder with a licensed provider as a coapplicant. As coapplicant, the provider shall submit with the application a letter of intent stating the location of the tower or antenna and their intent to locate on that tower or place an antenna if approved. At the time of obtaining a building permit, the applicant or tower owner shall provide evidence of a lease for space on the tower.

(b)

The written consent of the owner of the property on which the communications facility, tower, or antenna is to be constructed shall be submitted with the application. Review of the application for completeness by the zoning department shall occur. Applications requiring a special exception will then be forwarded to the board of zoning appeals and placed on their agenda according to their "meeting and agenda deadline schedule." Section 66-479-Procedures for Special Exceptions and Variances will be followed.

(1)

Environmental review. An assessment shall be provided by the applicant addressing any adverse effect on the environment or the community, including noise, water, aesthetic, health, and safety.

(2)

Site plan. A scaled site plan, a scaled elevation view, and any other supporting drawings, calculations, or documentation prepared and sealed by a licensed professional, shall be submitted. Such information shall include the location, latitude and longitude, dimensions of all improvements, topography, tower height, setbacks to property lines, lot size, lease area, access roads, parking, fencing, landscaping, structures on adjoining properties, and their setbacks to the proposed facility, tower, or antenna. Setback measurements shall be shown on the site plan with a radius shown from the base of the tower or antenna showing distances to property lines and existing residences or structures.

(3)

Photo. Actual photos of the site from designated relevant views that include a simulated photographic image of the proposed tower or antenna shall be submitted.

(4)

Engineering report. A report prepared by a certified engineer shall be submitted certifying that the tower is compatible for colocation.

(5)

Propagation maps. Copies of propagation maps demonstrating the area to be covered by the proposed tower or antenna, including radio frequency coverage.

(6)

Availability and suitability of collocation on existing towers or other structures. The applicant must submit reasonable evidence that no existing tower or structure can accommodate the proposed antenna(s). This may consist of:

a.

There are no existing towers or structures located within the geographic area to meet the engineering requirements.

b.

The heights of existing towers or structures are not sufficient to meet the engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support the proposed antenna(s) or equipment.

d.

Collocation on the existing towers would create interference with existing antenna(s).

(Amdmt. No. O-04-1, 3-2-04)

In addition to items to be considered under section 66-479-Procedures for Special Exceptions and Variances, the following items shall be considered. The board of zoning appeals may waive or reduce the burden on the applicant for one or more of the items if it is determined that the purpose of the requirements are better served.

(1)

Height of the proposed tower, pole, or antenna.

(2)

Proximity of the tower, pole, or antenna to residential structures and adjoining zone districts.

(3)

Uses of the surrounding properties.

(4)

Topography of the site.

(5)

Design of the tower, pole, or antenna.

(6)

Surrounding tree coverage and foliage.

(Amdmt. No. O-04-1, 3-2-04)

If a legally authorized communications facility, tower, or antenna is damaged or destroyed due to any reason, it may be repaired or restored to its former use, location, and physical dimensions upon the issuance of a building permit. In no event shall a provider and/or facility owner increase the height of the tower or antenna, or increase the compound or leased area without the appropriate approval of the county. Ordinary repairs and replacements of antennas on existing towers and the collocation on existing towers are acceptable without additional approvals by the county. An ordinary repair or replacement, for the purpose of this article, shall include the repair or replacement of damaged or outdated antennas or equipment damage caused by mechanical failure or advances in technology. The county shall be notified in writing in advance as to when such repairs, replacements, or reconstruction is to be done and the exact nature of the repair, replacement, or reconstruction.

(Amdmt. No. O-04-1, 3-2-04)

No new or existing communication tower or antenna shall interfere with public safety communications, radio, television, or communication receptions. If an interference problem is identified, the county may require the applicant or facility owner to provide a technical evaluation study under the county's direction to identify any interference and implement corrective solutions to resolve the interference issues.

(Amdmt. No. O-04-1, 3-2-04)

(a)

On or before January 1 of each year, the authorized tower owner shall file an annual written report to the zoning department noting the communications facility, tower, or antenna location, number of collocations on the tower, names and addresses of colocators, and the available capacity of the tower. If no colocator's are active on the tower, the report must indicate the date the last providers removed their antenna(s). Failure to submit a report shall deem the facility, tower, or antenna to be abandoned.

(b)

Any communications facility, tower, or antenna not in use for a continuous period of 12 months shall be considered abandoned and shall be removed from the site by the communications facility, tower, or antenna owner. Upon receiving notice of abandonment from the county, the owner of the facility, tower, or antenna shall remove the same within 90 days of receipt of the notice. Removal is to include the tower, antenna(s), fencing, footers, support, and equipment buildings. If removal has not been done by the communications facility, tower, or antenna owner, the county may require the landowner of record to do the removal.

(Amdmt. No. O-04-1, 3-2-04)