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)