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)