(a)

Telecommunications facilities. The guidelines set forth in this section shall govern the location of all communications monopoles and/or towers and the installation of antennas and accessory equipment structures for such; provided, however, that the town council may waive any of the requirements or prescribe such reasonable conditions in connection therewith as to ensure that the installation will conform to sound planning.

(1)

Location. Communications monopoles and towers, with a related unmanned equipment building, shall be permitted in zoning districts, as indicated in the permitted uses section of each district, subject to obtaining a zoning and use permit as provided herein and subject to public hearing requirements of section 42-11(c), and to the requirements and limitations set forth in this section, and in any zoning district on property owned or controlled by the town.

(2)

Aesthetics; lighting.

a.

The height of monopoles and towers shall not exceed the allowable heights, as specified in the definitions of this chapter. Monopoles shall not exceed 75 feet in total height, including antennas in residential districts.

b.

Monopoles or towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FCC or FAA, be painted a neutral color.

c.

At a facility site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the facilities to the natural setting and the built environment. The related unmanned equipment structure shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height, and shall be located in accordance with the requirements of the zoning district in which located.

d.

Monopoles or towers shall not be artificially lighted, unless required by the FCC or FAA. If lighting is required, the town council may review the available lighting alternatives and approve the design that would cause the least disturbance to surrounding views.

e.

No advertising of any type shall be allowed on any monopole or tower.

f.

Satellite and microwave dishes attached to monopoles shall not exceed two feet in diameter and six feet in diameter when attached to towers.

g.

Stealth technology may be required, as appropriate.

(3)

Federal requirements. All monopoles or towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate monopoles or towers. If such standards and regulations are changed, then the owners of the monopoles or towers governed by this article shall bring such structures into compliance with such revised standards, as required. Failure to bring monopoles or towers into compliance with such revised standards and regulations shall constitute grounds for the removal of the monopole or tower, at the owner's expense.

(4)

Building codes. To ensure the structural integrity of monopoles or towers, the owner of such shall ensure that it is constructed and maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

(5)

Information required. Each applicant requesting a zoning and use permit for a new monopole or tower shall submit five copies of a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, height requirements, setbacks, drives, parking, fencing, landscaping, easements, adjacent uses and other information deemed necessary to assess compliance with the regulations of this article. Additionally, the applicant shall provide actual photographs of the site from designated relevant views that include a simulated photographic image of the proposed monopole or tower. The photograph with the simulated image shall include the foreground, the midground and the background of the site. An engineering report, certifying that the proposed monopole or tower is compatible for collocation with a minimum of three similar users, including the primary user, must accompany the application. The applicant shall provide copies of their collocation policy. Each applicant shall also submit a copy of their master plan for provisional locations of future monopoles or towers anticipated for future service.

(6)

Availability of suitable existing monopoles, towers or other structures. No new monopole or tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of town council that no existing monopole, tower, or structure can accommodate the proposed antenna. Evidence submitted to demonstrate that no existing monopole, tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing monopoles, towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing monopoles, towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing monopoles, towers or structures do not have sufficient structural strength to support applicant's proposed antenna or related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the existing antenna, or the antenna on the existing monopole, tower or structure would cause interference with the applicant's proposed antenna.

e.

The applicant demonstrates that there are other limiting factors that render existing monopoles, towers or structures unsuitable.

(7)

Setbacks. Monopoles, towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures as well as setback requirements of chapter 32, Telecommunications. Additionally, monopoles and towers shall have a setback no less than the total height of the structure. Increased setbacks may be required as a condition of the conditional use permit.

(8)

Security fencing. Monopoles or towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with appropriate anti-climbing device.

(9)

Landscaping. Monopole or tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaping strip of at least four feet wide outside the perimeter of the compound. Existing mature tree growth and natural land form on the site shall be preserved to the maximum extent possible. In locations where the visual impact of the monopole or tower would be minimal, the landscaping requirement may be reduced or waived by town council.

(10)

Removal of abandoned monopoles or towers. Any monopole or tower that is not operational for a continuous period of 90 days shall be considered abandoned, and the owner of such monopole or tower shall remove same within 90 days of receipt of notice from the building official or town manager notifying the owner of such removal requirement. Removal includes the removal of the monopole or tower, all subterranean tower and fence footers, underground cables and support buildings. The buildings may remain with the approval of the landowner. If there are two or more users of a single monopole or tower, then this provision shall not become effective until all users cease using the monopole or tower. If the monopole or tower is not removed per this section, the town may require the landowner to have it removed. In all cases, the site shall be returned as closely as possible to its original condition.

(11)

Bonding. Every applicant for a zoning and use permit for a monopole or tower shall, as a condition for the issuance of the zoning and use permit, file with the building official a continuing bond in the penal sum of not less than $10,000.00, and conditioned for the faithful observance of the provisions of this chapter and all amendments thereto, and of all the laws and ordinances relating to monopoles and towers.

(12)

Applicant responsibility. Any applicant for communications structures to be located on property owned by the town assumes responsibility for such structures and indemnifies and saves harmless the town from any and all damages, judgments, costs or expenses which the town may incur by reason of the removal or the causing to be removed any monopole or tower, as provided for in this article. Any applicant for communications structures on property belonging to the town shall enter into contract with the town for such location of structures.

(b)

Amateur radio towers. The guidelines set forth in this section shall govern the location of all amateur radio towers and the installation of antennas and accessory equipment structures for such. Any amateur radio towers not meeting the requirements and limitations set forth shall require for a conditional use permit approval.

(1)

Location. Amateur radio towers shall be permitted in zoning districts, as indicated in the permitted uses section of each district, subject to obtaining a zoning and use permit as provided herein, and to the requirements and limitations set forth in this section. Amateur radio towers shall be located in the rear yard.

(2)

Aesthetics; lighting.

a.

The height of amateur radio towers shall not exceed the allowable heights, as specified in the definitions of this chapter.

b.

Amateur radio towers shall either maintain a natural metal color or stealth appearance.

c.

No advertising of any type shall be allowed on any amateur radio tower.

d.

Satellite and microwave dishes attached to amateur radio towers shall not exceed two feet in diameter.

(3)

Federal requirements. All amateur radio towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate amateur radio towers. If such standards and regulations are changed, then the owners of the amateur radio towers governed by this article shall bring such structures into compliance with such revised standards, as required. Failure to bring amateur radio towers into compliance with such revised standards and regulations shall constitute grounds for the removal of the amateur radio tower, at the owner's expense.

(4)

Building codes. To ensure the structural integrity of amateur radio towers, the owner of such shall ensure that it is constructed and maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

(5)

Information required. Each applicant requesting a zoning and use permit for a new amateur radio tower shall submit one copy of a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by a licensed surveyor, engineer or other appropriate licensed professional, showing the location and dimensions of all improvements, setbacks and other information deemed necessary to assess compliance with the regulations of this article.

(6)

Setbacks. Amateur tower guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures. Amateur radio towers greater than 25 feet in height while collapsed shall utilize the zoning district setback requirements for primary structures as well as setback requirements of chapter 32, telecommunications. amateur radio towers less than 25 feet in height while collapsed shall utilize the zoning district setback requirements for accessory structures as well as setback requirements of chapter 32, telecommunications.

(Code 1992, § 30-200; Ord. No. 2000-2, 4-18-2000; Ord. No. 2004-4, § 30-177, 9-7-2004; Ord. No. 2007-1, 4-3-2007; Ord. No. 2007-1, § 30-199, 4-3-2007; Ord. No. 2010-8, 12-21-2010; Ord. No. 2012-10, § 30-200, 11-20-2012)