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)