The installation of private, non-commercial or amateur antennas, telecommunication facilities and satellite dishes is permitted subject to the following:

A.

No more than two (2) antennas or satellite dishes which are greater than six (6) feet in diameter are permitted per lot or parcel.

B.

Roof-mounted satellite dishes of less than six (6) feet in diameter are permitted and shall be screened. Roof mounted satellite dishes shall be setback from the exterior building wall a minimum distance equal to twice the height of the satellite dish or to the center of the building, whichever is less. Satellite dishes which are less than thirty (30) inches in diameter may be placed anywhere on the building that is in compliance with the adopted Uniform Building Code.

C.

Principal antennas (antennas that are the principal use of the property) shall not exceed the following heights.

1.

The maximum height of antenna support structures and the boom or any active element of the antenna array is fifty (50) feet, except that a whip antenna may extend up to twenty-five (25) feet above that height. No boom or any active element of the antenna array shall extend more than thirty-two (32) feet from the antenna support structure. Any greater size or height necessary for reception shall be subject to Planning Commission approval of a Conditional Use Permit.

2.

The maximum height of antenna support structures shall not exceed thirty-five (35) feet. The overall height, including antennas, shall not exceed fifty (50) feet, unless a greater height is necessary for reception and Planning Commission approval of a Conditional Use Permit is obtained.

D.

The support structures of ground-mounted satellite dishes are limited to twelve (12) feet in height and shall be screened.

A.

General

1.

Buffers such as landscaping, earth berms, and decorative-architecturally treated walls, shall be used to define project boundaries and minimize impacts on adjacent properties.

2.

Where screening is required, a combination of elements shall be used, including solid masonry wall, berms and landscaping.

3.

Ancillary structures and service areas such as trash enclosures or loading areas shall be screened from public streets and adjacent properties through a combination of landscaping and walls.

4.

Acoustical buffering shall be provided to protect adjacent sensitive uses, such as schools, hospitals, and residences. Noise levels leaving the project site at the property line of such uses shall not exceed sixty (60) Ldn or CNEL.

The intent of the regulations in this section is to protect the general welfare by providing a means of enabling the installation of commercial satellite dish antenna systems in such a manner that they are compatible with the architectural characteristics and special environment of the Town. The installation of satellite dish antennas and accessory equipment can create visual blight for those who reside, work and travel in the Town, and can endanger the life, safety and welfare of persons and property through the hazard of collapse, and create adverse economic, aesthetic and safety impacts inconsistent with the health, safety, and general welfare of the community.

For the purpose of this section, the term "satellite dish antenna" means any parabolic antenna having a diameter greater than two feet designed for receiving satellite transmissions which is external to or attached to the exterior of any building.

A.

The installation of a single public or commercial satellite dish antenna shall be a permitted use only upon issuance of a building permit according to the requirements of this section and this code, and subject to a fee as established by the Town. Planning Commission approval of a Conditional Use Permit shall be required in all zoning districts for any antenna in excess of six feet in diameter and in length. The issuance of a Building Permit is conditioned on the approval of plan check and proper inspection.

B.

Exception. Satellite dishes that were legally established prior to the effective date of this Ordinance shall be exempt from these requirements. Additionally, ground-mounted satellite dish antennas of a diameter equal to or less than six feet shall not require a footing inspection, but shall require a building permit and all other necessary inspection(s). No more than two (2) antennas or satellite dishes which are greater than six (6) feet in diameter are permitted per recorded lot or parcel.

C.

Roof-mounted satellite dishes of less than six (6) feet in diameter are permitted and shall be screened. Roof mounted satellite dishes shall be setback from the exterior building wall a minimum distance equal to twice the height of the satellite dish or to the center of the building, whichever is less. Satellite dishes which are less than thirty (30) inches in diameter may be placed anywhere on the building that is in compliance with the adopted Uniform Building Code. Roof-mounted satellite dishes of greater than six (6) feet in diameter shall require Planning Commission approval of a Conditional Use Permit.

D.

All ground or roof mounted satellite dishes shall be submitted to the Building and Safety Division for possible issuance of a Building Permit, and shall, whether a Building Permit is required or not, be installed to at least the minimum Manufacturer's Specifications. The Building and Safety Division, in its review for possible issuance of a Building Permit, may require, based upon the specific circumstances of the request, footings, construction sizes or materials, or other physical aspects of the installation, above and beyond that stated within the Manufacturer's Specifications.

E.

Location specifications.

1.

No portion of any satellite dish antenna system shall extend beyond the property lines, or into any front yard of any lot or side yard on the street side of a corner lot.

2.

Guy wires shall not be anchored within any required front yard of any lot or within any side yard on the street side of a corner lot.

3.

No ground-mounted satellite dish antennas shall be located in the area between the building and the front property line, or between the building and the side property line on the street side of a corner lot.

4.

All ground-mounted satellite dish antennas shall be considered to be accessory structures, and shall conform to the setback requirement for such structures for the respective zone in which the satellite dish antenna is located.

5.

Any roof-mounted satellite dish antenna(s), attached in any manner to a building on a property zoned for residential, multi-family, commercial, office, industrial or open space uses, shall be designed and located in such a manner so as to be screened from view, minimizing the visibility of the satellite dish antenna from adjoining or surrounding properties and adjoining rights-of-way so as to be unnoticed from said adjoining property or public rights-of-way.

F.

Size and height restrictions.

1.

On single-family residential property, satellite dish antennas with bases of attachment on the ground shall not exceed 10.5 feet in diameter and 12 feet in overall height above the lot grade.

2.

On other than single-family residential property, satellite dish antennas with bases of attachment on the ground shall not exceed 16 feet in diameter and 16 feet in overall height above the lot grade.

G.

All ground-mounted satellite dish antennas shall be screened as provided in the Planning Commission adopted guidelines to screen satellite dish antennas.

H.

The support structures of ground-mounted satellite dishes are limited to twelve (12) feet in height and shall be screened.

I.

Every commercial satellite dish antenna shall be well maintained, free of obvious signs of deterioration or discoloration, and in accordance with all requirements of this section.

A.

Installation; permits required. The installation of commercial radio and television receiving and transmitting antennas shall be a permitted use only upon issuance of a building permit according to the requirements of this section and this code, and subject to a fee as established by the Town. Planning Commission approval of a Conditional Use Permit shall be required in all zoning districts.

B.

Location. Commercial radio and television receiving and transmitting antennas shall be permitted only in commercial, office, industrial and open space districts.

C.

Height. Commercial radio and television receiving and transmitting antennas are permitted up to a height of fifty (50) feet or, if placed atop a building, fifteen (15) feet above the building. In no case shall a commercial radio and/or television receiving and transmitting antenna(s) set atop a building project above the height limit established for the zone in which it is located.

D.

Compliance with federal regulations. All radio and television antennae shall comply with rules and regulations established by the Federal Communications Commission (FCC). Where Town regulations conflict with those regulations of the FCC, the FCC regulations shall prevail.

The purpose of this Section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this Section are to:

A.

Protect all zoning districts and land uses from potential adverse impacts of towers and antennas;

B.

Encourage the location of towers in non-residential areas;

C.

Minimize the total number of towers throughout the Town;

D.

Strongly encourage the joint use of tower sites as a primary option rather than construction of additional single-user towers;

E.

Encourage users of towers and antennas to locate them, to the maximum extent possible, in areas where the adverse impact on the Town is minimal, now and in the future;

F.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative "stealth" camouflaging techniques;

G.

Enhance the ability of the providers of telecommunications services to provide such services to the Town quickly, effectively, and efficiently;

H.

Consider the public health and safety of communication towers;

I.

Avoid damage to the economic viability of existing and reasonably anticipated future commercial, office and industrial uses and developments; and

J.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Town shall give due consideration to the Town of Apple Valley General Plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

As used in this Section, the following terms shall have the meanings set forth below:

A.

"Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

B.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building structure, or alternative tower structure, and used in communication that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

C.

"Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

D.

"Base Station" means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and (b) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks). Base Station does not include Tower.

E.

"Cable micro cell network" means a cable network using multiple low-powered transmitters/receivers attached to existing wire line systems, such as conventional cable or telephone wires, or similar technology, that does not require the use of towers.

F.

"Collocation Facility" means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunications collocation facility.

G.

"Director" means the Town's Director of Economic and Community Development or his or her designee.

H.

"Electro magnetic interference" means the distortion, disruption or blockage of the clear reception or transmission of any radio, television, communications, data or other type of electronic communications media.

I.

"Eligible Facilities Request" means any request for modification of an existing wireless tower or base station that involves (a) a collocation of new transmission equipment, (b) removal of transmission equipment, or (c) replacement of transmission equipment.

J.

"FAA" means the Federal Aviation Administration.

K.

"FCC" means the Federal Communications Commission.

L.

"Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel on which the structure is located to the highest point on the tower or other structure, including the base pad and any antenna.

M.

"Monopole" means any singular, monolithic structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. Also see "Tower".

N.

"Parabolic" means a curved or cone shaped structure.

O.

"Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this Section, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

P.

"Stealth" antennas or towers shall mean communications facilities, towers and individual antennas using innovative camouflaging techniques to virtually completely screen or conceal such communications facilities, towers and individual antennas from view.

Q.

"Substantial Change" means a modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following:

For towers located outside of the right of way:

1.

It increases the height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater;

2.

It involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

3.

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

4.

It entails any excavation or deployment outside the site;

5.

It would defeat the concealment elements of the tower;

6.

It does not comply with existing conditions of approval for the tower provided that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above; or

7.

It does not comply with applicable building codes or other applicable health and safety standards.

For other towers and wireless communications facilities:

1.

It increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater;

2.

It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

3.

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

4.

It involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

5.

It entails any excavation or deployment outside the site;

6.

It would defeat the concealment elements of the tower or base station;

7.

It does not comply with existing conditions of approval for the tower or base station provided that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above; or

8.

It does not comply with applicable building codes or other applicable health and safety standards.

R.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

S.

"Wireless systems" mean any and all type or manner of electromagnetic devices, including antennas, towers, arrays, etc., and associated equipment, used for the transmission or reception of electromagnetic waves communicating any form of information including voice, picture or data.

T.

"Wireless Telecommunications Facility" means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunication services.

U.

"Wireless Telecommunication Collocation Facility" means a wireless telecommunications facility that includes collocation facilities.

V.

"Wireless Communication Facility, Section 6409(a) Modification" or "Section 6409(a) Modification" means a modification of an existing wireless tower or base station that involves the collocation, removal or replacement of transmission equipment that does not substantially change the physical dimensions of such wireless tower or base station and that otherwise qualifies for approval pursuant to Section 6409(a) of the federal 2012 Middle Class Tax Relief and Job Creation Act as implemented by 47 C.F.R. 1.40001.

(Ord. No. 471, § 3, 7-28-2015)

A.

New Commercial Towers and Antennas. All new commercial towers or antennas in the Town of Apple Valley shall be subject to these regulations, except as provided below.

B.

Collocation Facilities. All new collocation facilities on, or immediately adjacent to a previously approved wireless telecommunication facility shall be subject to all collocation criteria in these regulations or as allowed under a Section 6409(a) modification.

C.

Amateur Radio Station Operators/Receive Only Antennas. The maximum height of an amateur radio station operators/receive only antenna shall be fifty (50) feet as measured from grade level to the highest point of the antenna. This Section shall not govern any tower, or the installation of any antenna, that is under fifty (50) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

D.

Eligible Facilities Requests. Eligible Facilities Requests that do not require a "Substantial Change" shall be processed in accordance with Section 6409(a) of the federal 2012 Middle Class Tax Relief and Job Creation Act as implemented by 47 C.F.R. 1.40001. In reviewing permits for qualifying "Eligible Facilities Request", the Director or their designee shall be required to approve applications, but shall retain discretion to enforce compliance with applicable building, structural, electrical, and safety codes related to health and safety.

E.

AM Array. For the purpose of implementing this Section, an AM array, consisting of one or more tower units, and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

F.

Modification of Tower/Base Stations. The Town may not deny any "Eligible Facilities Request" for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station, as defined in Section 9.77.090 "Definitions".

(Ord. No. 471, § 4, 7-28-2015)

A.

Lot Size. Each lot upon which a commercial wireless communications facility is proposed to be located shall conform to the size requirements for the zone in which it is located, even though the antennas, towers or facilities may be located on leased parcels or portions within such lot.

B.

Inventory of Existing and Anticipated Sites. Each applicant for an antenna and/or tower shall provide to the Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within Town or within one mile of the border. An applicant for the placement of a new antenna on an approved co-location structure is exempt from this requirement. The Director may share such information with others seeking to locate antennas within the Town; however the Director is not, by sharing such information, in any way representing the accuracy of the information or warranting that such sites are available or suitable.

C.

Aesthetics. Commercial towers, antennas and related facilities shall meet the following requirements:

1.

Commercial towers, antennas and related facilities shall be designed and placed in such a manner so as to be screened to minimize their appearance from surrounding properties and public rights-of-way. This shall include the color of the tower, antenna or related facility, the materials and textures of such tower, antenna or related facilities, and the materials or devices used to screen, conceal or blend the tower, antenna or related facility into or with the surrounding properties and development.

2.

At a tower site, the design of the related facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

3.

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

D.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding properties and the night sky views.

E.

State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.

F.

Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town of Apple Valley concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

G.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Town regardless of municipal and county jurisdictional boundaries.

H.

Not Essential Services. Towers, antennas and related facilities shall be regulated and permitted pursuant to this Section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

I.

Franchises. Owners and/or operators of towers, antennas or related facilities shall certify that all franchises, if any, required by law for the construction and/or operation of a wireless communication system in the Town have been obtained and shall file a copy of all required franchises with the Director prior to final building inspection.

J.

Public Notice. For purposes of this Section, any conditional or special use request, variance request, deviation permit request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within 1,500 feet of the affected site.

K.

Signs. No temporary, permanent or detachable sign(s) shall be allowed on an antenna, tower or related facilities at any time. Warning or hazard signs, of no more than four square feet in size, shall be allowed on the antenna, tower or related facilities when necessary to protect the public.

(Ord. No. 471, § 5, 7-28-2015; Ord. No. 542, § 5, 1-12-2021)

A.

Commercial antennas, towers or related facilities located on property owned, leased, or otherwise controlled by the Town shall be subject to the requirements of this Chapter regarding Conditional Use Permit approval, provided a license or lease authorizing such antenna, tower or related facility has been approved by the Town.

A.

General. The Planning Commission or Director, as applicable, shall approve, approve with conditions, or deny the permit application.

B.

Conditional Use Permit. The following provisions shall govern the issuance of a Conditional Use Permit for towers, antennas or related facilities by the Planning Commission:

1.

If the tower or antenna is not a permitted use under Section 9.77.100 of this Chapter and the Special Use Permit provisions do not apply, then a Conditional Use Permit shall be required for the construction of a tower or the placement of an antenna in all commercial, office, industrial and open space districts. The construction of a tower or the placement of an antenna is expressly prohibited within any residential district, except on/within an approved and adopted "Preferred Location" as defined within Section 9.77.180 of this Code, or completely concealed in compliance with the definition of concealment as specified within Subsection 9.77.130.D.9 "Stealth/camouflaging of Facilities Required" of this Code.

2.

Applications for Conditional Use Permits under this Section shall be subject to the procedures and requirements of Title 9, Chapter 9.16 of the Town of Apple Valley Municipal Code, except as modified in this Section.

3.

In granting a Conditional Use Permit, the Planning Commission may impose conditions as prescribed in Title 9, Chapter 9.16 of the Town of Apple Valley Municipal Code, with specific consideration given to potential aesthetic impacts.

4.

An applicant for a Conditional Use Permit shall submit the information described in this Section.

C.

Special Use Permit. The following provisions shall govern the issuance of a Special Use Permit for towers, antennas or related facilities by the Director provided no Deviation Permit is being requested:

1.

The Special Use Permit process applies to any of the following:

a.

Totally concealed wireless telecommunication facilities;

b.

Antennas that are architecturally integrated with an existing building or structure so as not to be recognized as an antenna;

c.

Antennas that are mounted on existing water tanks, utility pole, ball field lighting and similar structures where the antenna height does not exceed the height by more than eight (8) feet with all equipment cabinets buried underground or concealed to the satisfaction of the Director;

d.

Antennas that are mounted on existing or replaced traffic signal poles, provided that the pole design must be pre-approved and all equipment cabinets must be buried underground;

e.

Antennas up to a maximum of fifteen (15) feet in height above an existing building or rooftop and that are screened from view from all adjacent public rights-of-way.

2.

Applications for a Special Use Permit under this Section shall be subject to the procedures and requirements of Title 9, Chapter 9.16 of the Town of Apple Valley Municipal Code, except as modified in this Section.

3.

In granting a Special Use Permit, the Director may impose conditions as prescribed in Title 9, Chapter 9.16 of the Town of Apple Valley Municipal Code, with specific consideration given to potential aesthetic impacts.

4.

The Director shall refer the Special Use Permit to the Planning Commission when there are significant design issues, potential public controversy about the project or where a negative response to the public notice is received.

5.

The public noticing requirement shall be in accordance with Section 9.77.110.J.

6.

An applicant for a Special Use Permit shall submit the information described in this Section.

D.

Towers.

1.

Information required. In addition to any information required for applications for Conditional or Special Use Permits pursuant to Title 9 of the Town of Apple Valley Municipal Code, applicants for a Conditional or Special Use Permit for a tower shall submit the following information:

a.

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning within one hundred fifty (150) feet of the edges of the property on which the tower is proposed to be located (including uses outside the Town of Apple Valley), General Plan classification of the site and all properties within the applicable separation distances set forth in Section 9.77.130 D 6, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Director to be necessary to assess compliance with this ordinance.

b.

Legal description of the site and leased parcel (if applicable).

c.

The setback distance between the proposed tower and the nearest residential unit or residentially zoned properties.

d.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 9.77.110 B shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).

e.

A landscape plan showing specific landscape materials.

f.

Method of fencing, finished color and the method of camouflage and illumination of the tower.

g.

A description of compliance with Sections 9.77.110 B, C, D, E, F, I and K, 9.77.130 D 4, 5 and 6, and all applicable federal, state or local laws.

h.

A notarized statement by the applicant that states the design and construction of the tower will accommodate collocation of additional antennas for future users.

i.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Town of Apple Valley.

j.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

k.

A description of the feasible location(s) of future towers or antennas within the Town based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

l.

Provide before and after photo simulations or renderings of the existing and proposed site showing a minimum of at least three view angles.

m.

Samples of the materials proposed for use to stealth or conceal the proposed telecommunications facility.

n.

A propagation map showing existing and proposed telecommunications facilities based on the lowest possible height that demonstrate actual need. The study will also indicate parameters that were used in the calculation/production, the appropriateness of the signal strength and the Effective Radiated Power (ERP) of the antennas, i.e., their wattage. The height and wattage of existing facilities shall also be included.

o.

Evidence demonstrating co-location or that co-location is impractical for reasons of: (a) lack of existing support structures; (b) insufficient structural support capabilities; (c) contractual provisions required by the owner in order to share an existing structure or to adapt an existing structure are unreasonable; (d) failing to meet needed service coverage area needs; or (e) other limiting factors that render existing tower unsuitable.

2.

Factors considered in granting Conditional and Special Use Permits for towers. In addition to any standards for consideration of Conditional or Special Use Permit applications pursuant to Title 9 of the Town of Apple Valley Municipal Code, the Planning Commission or Director shall consider the following factors in determining whether to issue a Conditional or Special Use Permit. The Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this Chapter are better served by granting a Deviation as prescribed in Section 9.77.200 "Deviation from Established Standards" of this Code for the following:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

The impact the tower(s) may have upon the present and reasonably foreseen future aesthetics of the site, adjoining properties and general vicinity of the site;

e.

Design of the Tower including the equipment cabinet or structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

f.

Proposed ingress and egress; and

g.

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 9.77.130 D 3 of this Chapter.

h.

Stealth and/or camouflaging techniques proposed.

3.

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission or Director that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission or Director related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any or all of the following:

a.

No existing towers or structures are located within the geographic area which meets the applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment and cannot, with reasonable alterations or costs, be strengthened or reinforced.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other unmitigatable limiting factors that render existing towers and structures unsuitable.

g.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

4.

Height. The maximum antenna height of fifty (50) feet plus ten (10) additional feet in overall height is permitted to accommodate an architectural feature such as, but not limited to tree branches, roof top, parapet, etc., for the purpose of providing additional camouflage or screening shall apply to all towers for which a Special Use Permit or Conditional Use Permit is required, except within "Preferred Locations" as defined within this Chapter, provided, however, that the Planning Commission may increase the height limitation requirements if the goals of this ordinance would be better served by granting a Deviation as prescribed in Section 9.77.200 "Deviation from Established Standards" of this Code.

A maximum height of seventy-five (75) feet within "preferred locations" as defined within this Chapter is permitted. The Planning Commission may, however, increase the height limitation requirements for a tower if the goals of this ordinance would be better served by granting a Deviation as prescribed in Section 9.77.200 "Deviation from Established Standards" of this Code.

5.

Setbacks. The following setback requirements shall apply to all towers for which a Special Use Permit or Conditional Use Permit is required, provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this ordinance would be better served by granting a Deviation as prescribed in Section 9.77.200 "Deviation from Established Standards" of this Code:

a.

Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining lot line.

b.

Guy wires and accessory buildings must satisfy the minimum zoning district setback requirements.

6.

Separation. The following separation requirements shall apply to all towers and antennas for which a Special Use Permit or Conditional Use Permit is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the goals of this ordinance would be better served by granting a Deviation as prescribed in Section 9.77.200 "Deviation from Established Standards" of this Code:

a.

Separation from off-site uses/designated areas:

1)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 9.77.130-A.

2)

Separation requirements for towers shall comply with the minimum standards established in Table 9.77.130-A.

Table 9.77.130-A

3)

Separation distances between towers.

a)

Separation distances between towers shall be applicable for, and measured between, the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base for the existing tower and the proposed base, pursuant to a site plan of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 9.77.130-B.

Table 9.77.130-B Existing Towers - Types

7.

Security fencing. Towers shall be enclosed by security fencing (decorative block, wrought iron, or similar decorative fencing as approved by the Commission) not less than six feet in height and shall also be equipped with an appropriate anti-climbing device, provided however, that the Planning Commission may waive such requirements, as it deems appropriate. Chain link or similar material fencing is prohibited.

8.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a Conditional or Special Use permit is required, provided, however, that the Planning Commission may waive such requirements if the goals of this ordinance would be better served by granting a Deviation as prescribed in Section 9.77.200 "Deviation from Established Standards" of this Code.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

c.

All required and installed landscaping shall incorporated and maintain a functioning automatic sprinkler system, and said landscaping shall be maintained in a neat, orderly, disease and weed free manner at all times.

9.

Stealth/Camouflaging of Facilities Required. All telecommunication facilities located within the Town of Apple Valley shall be designed and constructed to be stealth/camouflaged. When used within this Code in reference to telecommunications facilities, equipment or structures, the term stealth or camouflage shall mean the following:

a.

Physical design and construction of telecommunications facilities, equipment and structures which, by the nature of said design or construction, do not draw undue attention to the structure;

b.

Physical design and construction which does not directly interfere with any established view shed as determined by the Planning Commission at an open public hearing;

c.

Physical design and construction which results in a facility or structure which cannot clearly be distinguished from the general character of the area in which they are located; and

d.

Physical design and construction that, by its size, shape, appearance, color or other physical attributes, do not cause a conflict with the appearance, character and aesthetics of the site upon which the facility is located, the surrounding properties or the general neighborhood in which they are located.

The Town has two (2) preferred methods to stealth/camouflage new telecommunication facilities on a site. First is that by its physical design and construction the facility/tower and associated antenna/supporting equipment is concealed within an architecturally designed feature/structure newly constructed on site, which matches or compliments the existing main structures on-site. Second, the location of a new facility/tower and associated antenna/supporting equipment on or within an existing structure or building already on a site with no obviously distinguishable changes to that structure.

Mono-palms are inconsistent with the stealth/camouflaging noted above and are, therefore, expressly prohibited. Mono-poles and mono-pines are discouraged, but may be considered by the Planning Commission in the review of a Conditional Use Permit application when the applicant can demonstrate the lack of a reasonable, available alternative consistent with the stealth/camouflaging above within the physical environment where the facility is proposed to be located.

(Ord. No. 471, § 6, 7-28-2015)

A.

No commercial antenna, tower or other communications facilities addressed within this Section shall be permitted within any residentially zoned or used property, whether single or multiple family, except within Planning Commission approved "Preferred Locations" and upon approval from the Planning Commission of a Conditional Use Permit.

A.

Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas mounted on structures or rooftops shall comply with the following:

1.

The cabinet or structure shall not contain more than three-hundred, fifty (350) square feet of gross floor area or be more than Ten (10) feet in height.

2.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten (10%) percent of the roof area, or three-hundred, fifty (350) square feet, whichever is smaller, and shall be screened from view from any adjoining public right-of-way or residentially zoned or used property.

3.

Equipment storage buildings or cabinets shall comply with all applicable Town building codes and standards.

B.

Antennas Mounted on Utility Poles or Parking Lot Light Standards. The equipment cabinet or structure used in association with antennas mounted on utility poles or light poles in commercial, office, industrial or open space districts shall be no greater than eight (8) feet in height and one hundred (100) square feet in area. All equipment cabinets shall be buried underground.

C.

Antennas Located on Towers. The related unmanned equipment structure shall not contain more than three hundred fifty (350) square feet of gross floor area or be more than ten (10) feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located. The unmanned equipment structure or cabinet shall be screened by an evergreen hedge, or alternative approved by the Planning Commission, with an ultimate height of eight (8) feet and initial planted height of at least 36 inches.

The owner and/or operator of any antenna, tower or related facility shall on July 1 ^st of each year provide to the Town of Apple Valley Planning Division a statement as to the operational status of said antenna, tower or related facility. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of written notice from the Town notifying the owner of such abandonment. If the owner does not remove the equipment, or does not request a hearing before the Planning Commission on the issue of whether the equipment is abandoned and subject to removal, the Town may remove the equipment and store it in a secure location. The owner shall have fourteen (14) days from the date the Town provides the owner with written notice of removal of the equipment, and notification of the current location of equipment, to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the Town may dispose of the equipment in accordance with the Town's existing policy for disposal of abandoned or lost property.

Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

The provisions of Chapter 9.07 Nonconforming Uses and Structures of this Code shall govern nonconforming towers, antennas and other telecommunications facilities.

The Town of Apple Valley hereby establishes "Preferred Locations" for the placement of telecommunications facilities. These locations are shown upon Figure 9.77.180 "Preferred Locations" below. Additional preferred locations may be established by the Commission from time to time as needed by the community at the time of submittal of a Conditional Use Permit request for properties if such property conforms to the following:

•

any public park;

•

any private park, open to the public;

•

any public school;

•

any private school as the sole occupant of a site at least five (5) acres in size;

•

any church as the sole occupant of a site at least one acre in size;

•

any commercially designated property of at least one acre in size with a minimum of 5,000 square feet of developed structures on site;

•

any developed industrially zoned property;

•

any public or private golf courses;

•

any existing public facilities such as a water tank, police or fire stations.

Telecommunications facilities placed upon or within such preferred locations shall be located in a manner so that the main structure on site is located between the facility and the main public right-of-way serving the site.

The development standards and criteria for siting Telecommunications facilities on or within a Preferred Location as defined within this Chapter 9.77 "Wireless Telecommunications Towers and Antennas" for setback and separation distances may be reduced by seventy percent (70%). This reduction may not be combined with the reductions allowed in Section 9.77.190 below for multiple users (co-location) on the same pole or within the same structure.

(Ord. No. 540, § 3, 12-8-2020)

Figure on File. The official Figure 9.77.180 "Preferred Locations" Map and a record of all amendments thereto shall be kept on file with the Town Clerk, and shall constitute the original record. A copy of the Map shall also be kept on file with the Planning Division.

The Town of Apple Valley encourages the Telecommunication Industry to work cooperatively with one another in the placement of telecommunication facilities. The development standards and criteria for siting Telecommunication facilities as defined within this Chapter 9.77 "Wireless Telecommunications Towers and Antennas" for setback and separation distances may be reduced as noted below for multiple users (collocation) on or within a single structure. For the second user locating on or within a single facility, the development standards and criteria may be reduced by thirty percent (30%). For the third or more user(s) locating on or within a single facility, the development standards and criteria may be reduced by sixty percent (60%). Provided that the collocation facility is consistent with the conditions of the original wireless telecommunication facility where it will be located, and the above criteria, the collocation facility can be approved administratively, without a Conditional Use Permit. Conditions can be placed on the approval of the collocation facility, which pertain to height, location, bulk, size of the collocation facility; percentage of the original wireless telecommunication facility that may be occupied by collocation facilities; and, the aesthetic or design requirements for the collocation facility.

Any proposed collocation beyond those allowed under a Section 6409(a) modification shall be processed pursuant to this Chapter. Section 6409(a) modifications can be approved administratively by the Director. Applicants may appeal any decision related to a Section 6409(a) modification in the same manner as a Special Use Permit. Notwithstanding anything to the contrary in this code, any approval or [of] a Section 6409(a) modification does not and shall not be construed to grant any rights beyond those granted by § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. 1455) as implemented by 47 C.F.R. 1.40001. In the event § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. 1455) or 47 C.F.R. 1.40001 are stayed, amended, revised or otherwise not in effect, no modifications to an existing wireless tower or base station shall be approved as a 6409(a) modification.

(Ord. No. 471, § 7, 7-28-2015)

The Planning Commission may increase or modify any standard relating to antenna height, setback, separation distance, security fencing or landscape screening established within this Chapter 9.77 "Wireless Telecommunications Towers and Antennas" if the goals of this ordinance would be better served by granting a Deviation Permit as prescribed in Chapter 9.25 "Deviation Permits" of this Code. In granting said Deviation Permit, the Commission shall make the following Findings:

A.

That the applicant has provided supporting documentation of the identified need that cannot be met in any other manner;

B.

That there are unique circumstances associated with the proposed location necessitating the requested Deviations;

C.

That there are no reasonable alternative sites available to provide the services offered;

D.

That the submitted information and testimony from the applicant, staff and public illustrates a reasonable probability that allowance of the Deviation will have minimal or no adverse impacts to the site, surrounding area or the community in general; and

E.

That the Commission finds that the proposed deviation will not be materially detrimental to the public health, safety or general welfare, or injurious to the property or improvements in the vicinity and land use district in which the property is located.

The Town of Apple Valley hereby establishes "Prohibited Locations" for the placement of telecommunications facilities. Proposed locations for telecommunications facilities, structures or devises, and all associated supporting equipment, structures and devices, which, by the nature of its design, size, configuration, appearance, color or character, would, by the visibility of the site, exaggerate or emphasize the appearance of the telecommunication facility, making it unique to the area, obviously noticeable, out of character with the surrounding setting (including buildings, landforms, landscaping or native vegetation) are expressly prohibited. Further, location of such structures or equipment on or along ridgelines (located in a manner that a facility would be visibly extending above the ridgeline), or adjacent to, along, or within 300 feet of the right-of-way for Highway 18, Bear Valley Road, Apple Valley Road, Kiowa Road, Central Road or Navajo Road, shall be expressly prohibited (unless located on/within a pre-approved Town entry statement, monument or structure). Residential areas are prohibited areas except as specifically detailed within this Code.

The Town of Apple Valley establishes the following standards for the placement of Town Entry Statements, monuments or structures used to conceal telecommunications facilities:

A.

Location. Within or adjacent to the Public right-of-way.

B.

Height. A maximum height of seventy-five feet shall be allowed.

C.

Zoning District. Town Entry statements, monuments or structures, approved by the Town Council, may be allowed within any zoning district.

D.

Design. The design of all Town entry statements, monuments or structures shall be approved by the Town Council.

E.

Screening. The base of each Town entry statement, monument or structure shall be screened within appropriate landscaping to a minimum height of three (3) feet. Associated support equipment and devices shall be separated from the public right-of-way by at least twenty-five (25) feet and completely screened with landscaping and/or decorative solid fencing.

The Town of Apple Valley has established and adopted Design Guidelines for all development within the community. All telecommunications facilities shall conform to these Guidelines as applied by the Planning Commission during the Conditional Use Permit review of any telecommunication facility proposed.