Communication Facilities are subject to the following provisions:

1. At the discretion of the board of zoning appeals, an applicant seeking permission to install a communication facility may be required to submit:
   1. Proof that the communication facility does not present a safety hazard with compliance of the Telecommunications Act of 1996, as amended; and
   2. Proof that there is a "gap in service" that requires that the applicant submit proof that there are no feasible commercial sites beyond the city limits of the City of Belle Meade.
2. It is the intent of the commissioners that this section be interpreted in connection with, and not in violation of the Telecommunications Act of 1996.
3. Construction of a communication tower. Before the construction of any communication tower shall commence:
   1. The property owner shall file for review and approval all technical exhibits required by the planning director. A duly licensed engineer possessing valid registration to practice professionally in the State of Tennessee must provide the City with a statement in writing demonstrating and certifying that the communication tower is no higher than absolutely necessary to provide services and coverage to the public from the specific location on the lot.
   2. If the planning director determines that a review of the engineer's report on the siting of the communication tower is warranted, then the City may employ, at applicant's expense, an additional duly licensed engineer to review applicant's engineer's report and advise the board of zoning appeals thereon.
   3. Any communication tower must be located upon the property in such a manner that in the event of collapse the entire tower or antenna shall fall within the property boundaries. The applicant shall furnish a report from a duly licensed engineer verifying compliance with this requirement.
   4. A duly licensed engineer possessing valid registration to practice professionally in the State of Tennessee must verify the safety of the communication tower itself.
   5. The communication tower shall be located at a minimum of one hundred fifty feet (150') from all property lines, provided, however, that the board of zoning appeals may approve a reduction in this setback requirement for co-location of antennas or other transmitting devices of communication facilities on existing towers, structures, or replacement poles which otherwise meet the safety requirements of this section.
   6. All buildings constructed in connection with the communication tower must be harmonious with the surrounding landscape by using natural tones, surfaces, and screening shall be required in all yard areas. Such screening may consist of existing vegetation and landscape features or a combination of new plant materials, berms, and fencing. Screening shall be of solid materials, attractively constructed, and permanently maintained not less than eight feet (8') in height and shall be of plant materials as will provide a permanent evergreen screen. Trees shall be a minimum of six feet (6') in height when planted and shall be located in a minimum of two (2) rows with the plants staggered and spaced ten feet (10') apart. All landscaping and screening requirements shall be set forth on the conditional use site plan.
   7. A qualified biologist or wildlife expert shall provide the City with an environmental study demonstrating that the communication tower will not be harmful to birds or other wildlife.
   8. The applicant shall comply with all other provisions of the Zoning Code and such conditions as the board of zoning appeals might impose upon the placement, construction, and modification of such wireless facilities.
   9. No new communication tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of zoning appeals that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed communication tower. An applicant shall submit information requested by the board of zoning appeals 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 of the following:
      1. No existing towers or structures are located within the geographic area that meet the applicant's engineering requirements;
      2. Existing towers or structures are of insufficient height to meet applicant's engineering requirements or they have insufficient structural strength to support the applicant's proposed antenna and related equipment;
      3. The applicant's proposed communication tower or 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;
      4. 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 costs are presumed to be unreasonable);
      5. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and/or
      6. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new communication tower development shall not be presumed to render the technology unsuitable.
   10. An applicant for a communication tower shall provide an inventory of existing communication towers or other sites approved for communication facilities that are within the city, and towers outside of the city that serve areas within the city, as well as within the coverage area of the proposed communication tower, whether within the city or outside its jurisdiction, including specific information about the design, height, and location of each tower. The board of zoning appeals may share this information, provided that the board of zoning appeals is not, by sharing such information, in any way representing or warranting that these sites are available or suitable for communication tower construction.
   11. In the event the application is for a co-location of an additional antenna upon an existing tower previously approved by the board of zoning appeals, then the applicant shall comply with the notice and other provisions of the Zoning Code. The application shall include a certification as to the safety that the actual loading (antennas, mounts, lines, and appurtenances) will not compromise the design loading requirements approved at the initial installation of the tower. The applicant shall not be required to pay any additional co-location fee or cost reimbursements for these submissions, but prior to construction shall provide such investigation and expert advice as the building official (planning director?) might require in their discretion, to be paid for by the applicant.
4. Communication towers generally. In the event any communication tower is no longer used to provide services for which it has been constructed for a period of six (6) consecutive months, the communication tower shall be dismantled and removed from the property. The City, acting through the board of zoning appeals, may require a bond to ensure compliance with this provision. Communications towers are to be built and maintained so as to make the antenna and related equipment as visually unobtrusive as possible. Communication towers shall be subject to all other provisions of the Zoning Code and to such other conditions as the board of zoning appeals might impose upon the placement, construction, and modification of such wireless facilities.