1. To assure a comprehensive review of impacts of such facilities, and to protect the health, safety and welfare of the county's citizens while attempting to ensure access to reliable wireless communications services throughout the county.
2. To ensure the placement, construction and modification of telecommunication facilities is consistent with the county's land use policies.
3. To minimize the impact of wireless telecommunication facilities, to encourage the collocation of wireless telecommunication facilities on existing structures, and to establish a fair and efficient process for review and approval of applications.

(Ord. 2014-07, 6-10-2014, eff. 6-25-2014)

All uses and structures specified in this chapter are defined within chapter 17.07, "Definitions", of this title. Any other uses or structures not defined in this title shall be interpreted as defined by state and/or federal code or rule, and specifically the federal communications commission report and order FCC 14-153 as regards section 6409 of the middle class tax relief and job creation act of 2012 and United States Code, title 47 section 332(c)(7).

(Ord. 2016-12, 8-23-2016, eff. 9-7-2016)

The authority responsible for the review and/or approval and the permits required for telecommunication facilities is as follows:

1. Major Modification; Conditional Use Permit: Requests for major modifications to legal, existing, conforming and nonconforming or new telecommunication facilities must obtain a conditional use permit in accordance with the standards set forth in this chapter and chapter 17.06 of this title. Such modifications shall be considered as follows:
   1. Improvements to existing telecommunication facilities or support structures that result in some material change to the facility or support structure. Major modifications include, but are not limited to:
      1. An increase in support structure height.
      2. Replacement of a support structure, except as provided in subsection B1 of this section unless it is of like height and placement.
      3. A new telecommunication facility with support structure(s) and any accessory equipment and/or structures.
2. Minor Modification; Administrative Zoning Clearance: Requests for minor modifications to legal, existing, conforming telecommunication facilities shall require the review and approval of the director of development services in accordance with the standards set forth in this chapter. Such modifications shall be considered as follows:
   1. Improvements to existing telecommunication facilities or support structures that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a major modification. Minor modifications include, but are not limited to:
      1. The collocation of antennas and/or dishes.
      2. The placement of equipment and/or structures that are accessory to an existing telecommunication facility, such as utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports.
      3. The replacement of an existing support structure with a new or modified support structure at a height that is equal to or less than the existing structure and in a similar location.
3. Exempt: The following are exempt from the requirements of this chapter:
   1. Typical maintenance of existing telecommunication facilities and support structures.
   2. Antennas used by residential households solely for broadcast radio and television reception. Antennas shall not exceed the maximum structure height as identified in section 17.10.040 of this title. (Ord. 2014-07, 6-10-2014, eff. 6-25-2014)
   3. Satellite antennas used solely for residential, household, or agricultural purposes. Antennas shall not exceed the maximum structure height as identified in section 17.10.040, table 17.10.040 of this title. (Ord. 2016-12, 8-23-2016, eff. 9-7-2016)
   4. COWs (carrier or cell on wheels) placed for a period of not more than one hundred twenty (120) days at any location within the county after a declaration of an emergency or a disaster by the governor or by the responsible official of the county.

(Ord. 2014-07, 6-10-2014, eff. 6-25-2014)

1. Conditional Use Permit:
   1. All requests shall be reviewed and considered consistent with the procedures for the review of a conditional use as provided in section 17.06.050 of this title, the standards of this chapter, and must include the following:
      1. A completed application signed by the applicant.
      2. A copy of the lease or a letter of authorization from property owner evidencing the applicant's authority to pursue a conditional use permit.
      3. As defined by the FCC under FCC report and order FCC 14-153, identify if the proposal qualifies as a substantial change.
      4. A development plan prepared and certified by an appropriate professional that consists of:
         1. Property boundaries, setbacks, topography, elevation views, and dimensions of improvements drawn to scale.
         2. A written description and scaled drawings of the proposed support structure, including structure height, ground and structure design, and proposed materials.
         3. The number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure.
         4. A line of sight diagram or photo simulation, showing the proposed support structure set against the skyline and viewed from at least three (3) directions within the surrounding areas.
      5. A copy of the supporting federal certifications as follows:
         1. Federal communications commission (FCC) license for the facility, or a signed, notarized statement from the owner and/or operator of the facility attesting that the facility complies with all current FCC regulations.
         2. Certification by an appropriate professional that the proposed facility will comply with all of the applicable standards of the American National Standards Institute (ANSI), the Electronics Industries Association standard for antenna towers and antenna support structures, and any other applicable technical and structural codes.
      6. A written description of how the proposed facility fits into the applicant's telecommunication network. As part of this description, the applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and traffic, noise, or safety impacts of such maintenance. In all cases, the equipment at a telecommunication facility shall be automated to the greatest extent possible to reduce traffic, congestion, and noise associated with maintenance and upkeep of the facility.
      7. Application fee.
2. Administrative Zoning Clearance:
   1. All requests must include the following:
      1. A completed zoning clearance application signed by the applicant.
      2. A copy of the lease or a letter of authorization from property owner evidencing the applicant's authority to pursue a zoning clearance.
      3. As defined by the FCC under FCC report and order FCC 14-153, provide supporting documentation that identifies if the proposal qualifies as a substantial change.
      4. A development plan prepared and certified by an appropriate professional that consists of:
         1. Graphic and written descriptions of proposed improvements related to the requirements listed in this chapter and including property boundaries, setbacks, topography, elevation views, dimensions of improvements, the number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure.
      5. Application fee. See Consolidated Fee Schedule for amount of fee.
3. Exempt: No application or review required.

(Ord. 2014-07, 6-10-2014, eff. 6-25-2014; amd. Ord. 2016-12, 8-23-2016, eff. 9-7-2016; Ord. 2021-22, 12-14-2021, eff. 1-1-2022)

Unless otherwise specified herein, all telecommunication facilities and accessory structures are subject to the following standards and requirements:

1. Design:
   1. Support structures shall be subject to the following:
      1. Must be designed to accommodate multiple telecommunication providers.
      2. The compound area surrounding a support structure must be of sufficient size to accommodate accessory equipment for each telecommunication provider.
      3. Unless otherwise required by the federal communications commission, the federal aviation administration, or the county land use authority, support structures shall have a galvanized silver or gray finish. (Ord. 2014-07, 6-10-2014, eff. 6-25-2014)
   2. Stealth communication facilities shall be designed to accommodate the collocation of other antennas whenever technically feasible or aesthetically appropriate, as determined by the land use authority. (Ord. 2016-12, 8-23-2016, eff. 9-7-2016)
   3. Upon the request of the applicant, the planning commission may waive the requirement that new support structures accommodate the collocation of other service providers if the applicant can identify, and the planning commission agrees, that collocation at the site is not essential to the public interest, or that the construction of a shorter support structure with fewer antennas will promote community compatibility.
2. Setbacks:
   1. Property Lines: Unless otherwise stated herein, support structures shall be set back from all property lines a distance equal to their height measured from the base of the structure to its highest point. Other accessory equipment and/or structures shall be governed by the setbacks required by the underlying base zoning district.
   2. Residential Dwellings: Unless otherwise stated herein, support structures shall be set back from all off site residential dwellings a distance equal to the height of the structure plus ten feet (10').
   3. Reduction Of Required Setback: The land use authority shall have the authority to reduce or waive any required setback upon the request of the applicant if the telecommunication facility accessory equipment and/or structures will be less visible as a result of the diminished setback. The land use authority must also find that the reduction or waiver of the setback is consistent with the purposes and intent of this chapter. The structure must still meet the underlying setback requirements of the base zoning district. (Ord. 2014-07, 6-10-2014, eff. 6-25-2014)
3. Height:
   1. Support structures shall not exceed a height equal to forty five feet (45') from the base of the structure to the top of the highest point.
   2. In all zones, the planning commission shall have the authority to reduce or waive the height restrictions listed in this section upon the request of the applicant, and a satisfactory showing that the greater height is aesthetically appropriate as determined by the land use authority. With the waiver request, the applicant shall submit such technical information or other justifications as are necessary to document the need for the additional height to the satisfaction of the planning commission including, but not limited to:
      1. A visual analysis indicating the proposed or existing communications site is aesthetically appropriate, and that the proposed facility cannot be achieved by any other alternative such as a stealth facility, attached facility, replacement facility, or collocation. (Ord. 2016-12, 8-23-2016, eff. 9-7-2016)
4. Aesthetics:
   1. Lighting And Marking: Telecommunication facilities and support structures shall not be lighted or marked except as required by the federal communications commission or the federal aviation administration (FAA).
   2. Signage: Signs located at a telecommunication facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited.
   3. Landscaping: In all zones, the land use authority shall have the authority to impose reasonable landscaping requirements surrounding accessory equipment and/or structures. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The land use authority may choose to not require landscaping for sites that are not visible from the public right of way or adjacent property or in instances where in the judgment of the land use authority, landscaping is not appropriate or necessary.
5. Accessory Structures: Accessory structures, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the telecommunication facility or support structure. Any equipment not used in direct support of such operation shall not be stored on the site.
   1. If accessory equipment is at ground level in the RU2 or RU5 zone, the land use authority may require that the building or shelter be faced with brick or other suitable material on all sides and that the compound area is surrounded by landscaping. The accessory equipment must conform to the setback standards of the applicable base zoning district. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required.
6. Additional Provisions:
   1. Abandonment And Removal:
      1. Abandonment: Any telecommunication facility or support structure that is not operated for a period of twelve (12) consecutive months shall be considered abandoned.
      2. Removal: The owner of the telecommunication facility or support structure shall remove the facility within six (6) months of its abandonment.
   2. Multiple Uses On A Single Parcel Or Lot: Telecommunication facilities may be located on a parcel containing another principal use on the same site.

(Ord. 2014-07, 6-10-2014, eff. 6-25-2014)